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Health and Social Care Act 2008

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Commencement Orders yet to be applied to the Health and Social Care Act 2008

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

MembershipE+W+S+N.I.

Prospective

4The OHPA is to consist of the following members—E+W+S+N.I.

(a)a chair appointed by the Privy Council,

(b)non-executive members appointed by the Privy Council, and

(c)executive members appointed in accordance with paragraph 8.

5No person may be appointed as a member unless the person satisfies such requirements as may be prescribed in regulations made by the Privy Council.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 6 para. 5 partly in force; Sch. 6 para. 5 in force for specified purposes at Royal Assent, see s. 170

Prospective

6A person may be appointed as the chair only if the person (as well as satisfying any requirements prescribed under paragraph 5)—E+W+S+N.I.

(a)has a 10 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41),

(b)is an advocate or solicitor in Scotland of at least 10 years' standing, or

(c)is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least 10 years' standing.

7(1)The Privy Council must by regulations make provision about the number of non-executive and executive members.E+W+S+N.I.

(2)The regulations must provide for there to be—

(a)at least one but no more than three non-executive members, and

(b)at least one but no more than three executive members.

(3)The regulations may not provide for the number of executive members to be greater than the number of non-executive members.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 6 para. 7 partly in force; Sch. 6 para. 7 in force for specified purposes at Royal Assent, see s. 170

Prospective

8(1)The first executive members are to be appointed by the Privy Council.E+W+S+N.I.

(2)Subsequent appointments of executive members are to be made by the OHPA.

(3)The executive members must be employees of the OHPA.

(4)Sub-paragraph (3) is to be taken to be complied with in relation to the first executive members appointed under sub-paragraph (1) if they are employed by the OHPA as soon as practicable after being appointed.

Prospective

9Each of the members mentioned in paragraph 4(a) to (c)—E+W+S+N.I.

(a)holds and vacates office in accordance with the terms of the member's appointment, and

(b)may be removed from office by the Privy Council on the grounds of incapacity or misbehaviour.

Prospective

10(1)Subject to sub-paragraph (2), the terms of a member's appointment are to be determined by the person making the appointment.E+W+S+N.I.

(2)The terms of appointment of an executive member appointed by the OHPA are to be determined by the Privy Council in so far as the terms relate to tenure of office or suspension from office.

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