3(1)The Commission is to consist of—E+W
(a)a chair appointed by the Secretary of State, F1...
(b)other members so appointed.
[F2(1A)The members appointed under sub-paragraph (1)(a) and (b)—
(a)are not employees of the Commission, and
(b)are referred to in this Schedule as the “non-executive members”.
[F3(c)a chief executive appointed by the members appointed under paragraphs (a) and (b), and
(d)other members appointed by the members appointed under paragraphs (a) and (b).]
(1B)The members appointed under sub-paragraph (1)(c) and (d)—
(a)are employees of the Commission, and
(b)are referred to in this Schedule as the “executive members”.
(1C)The number of non-executive members must exceed the number of executive members.]
(2)The Secretary of State must exercise the powers in[F4sub-paragraph (1)(a) and (b)] so as to secure that the knowledge and experience of [F5the non-executive members ] of the Commission (taken together) includes knowledge and experience relating to health care, social care and the Mental Health Act 1983 (c. 20).
(3)The Secretary of State may, in the prescribed manner, remove the chair or [F6any other non-executive member ] from office if (but only if) the Secretary of State is satisfied that the person—
(a)is unable or unfit to carry out the duties of that office,
(b)is failing to carry out those duties, or
(c)is disqualified from holding office (or was disqualified at the time of appointment).
(4)The Secretary of State may by regulations make provision as to—
(a)the appointment of the chair and [F7other non-executive members ] (including the number, or limits on the number, [F8of such members who may be appointed] be appointed and any conditions to be fulfilled for appointment), F9...
(b)subject to this paragraph of this Schedule, the tenure of office of the chair and [F10other non-executive members] (including the circumstances in which they are to cease to hold office, are disqualified from holding office or may be suspended from office).
[F11(c)the limits on the total number of members who may be appointed, and
(d)the minimum total number of members who must be appointed.]
(5)Regulations under sub-paragraph (4)(b) relating to the suspension of a person from office may only provide for suspension where it appears to the Secretary of State that one of the conditions in sub-paragraph (3) is or may be satisfied in relation to that person.
Textual Amendments
F1Word in Sch. 1 para. 3(1) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 88(1)(a), 127(1); S.I. 2014/2473, art. 3(c)
F2Sch. 1 para. 3(1A)-(1C) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 88(2), 127(1); S.I. 2014/2473, art. 3(c)
F3Sch. 1 para. 3(1)(c)(d) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 88(1)(b), 127(1); S.I. 2014/2473, art. 3(c)
F4Words in Sch. 1 para. 3(2) substituted (1.10.2014) by Care Act 2014 (c. 23), ss. 88(3)(a), 127(1); S.I. 2014/2473, art. 3(c)
F5Words in Sch. 1 para. 3(2) substituted (1.10.2014) by Care Act 2014 (c. 23), ss. 88(3)(b), 127(1); S.I. 2014/2473, art. 3(c)
F6Words in Sch. 1 para. 3(3) substituted (1.10.2014) by Care Act 2014 (c. 23), ss. 88(4), 127(1); S.I. 2014/2473, art. 3(c)
F7Words in Sch. 1 para. 3(4)(a) substituted (1.10.2014) by Care Act 2014 (c. 23), ss. 88(5)(a)(i), 127(1); S.I. 2014/2473, art. 3(c)
F8Words in Sch. 1 para. 3(4)(a) substituted (1.10.2014) by Care Act 2014 (c. 23), ss. 88(5)(a)(ii), 127(1); S.I. 2014/2473, art. 3(c)
F9Word in Sch. 1 para. 3(4) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 88(5)(b), 127(1); S.I. 2014/2473, art. 3(c)
F10Words in Sch. 1 para. 3(4)(b) substituted (1.10.2014) by Care Act 2014 (c. 23), ss. 88(5)(c), 127(1); S.I. 2014/2473, art. 3(c)
F11Sch. 1 para. 3(4)(c)(d) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 88(5)(d), 127(1); S.I. 2014/2473, art. 3(c)
Commencement Information
I1Sch. 1 para. 3 partly in force; Sch. 1 para. 3 in force for specified purposes at Royal Assent, see s. 170
I2Sch. 1 para. 3 in force at 1.10.2008 in so far as not already in force by S.I. 2008/2497, art. 2(n)(i)