Health Act 2009

National Health Service Act 2006 (c. 41)

12 (1) Schedule 8 (Independent Regulator of NHS Foundation Trusts) is amended as follows.

(2) In paragraph 2(2), after paragraph (b) insert—

“(c) the Secretary of State may suspend him from office if it appears to the Secretary of State that there are or may be grounds to remove him from office under paragraph (b).”

(3) After paragraph 2 insert—

“2A(1) This paragraph applies where the Secretary of State decides to suspend a person under paragraph 2(2)(c).

(2) The Secretary of State must give notice to the person of the decision and the suspension takes effect on receipt by the person of the notice.

(3) A notice under subsection (2) may be—

(a) delivered in person, in which case the person is treated as receiving it when it is delivered, or

(b) sent by first class post to the person’s last known address, in which case the person is treated as receiving it on the third day after the day on which it was posted.

(4) The initial period of suspension must not exceed 6 months.

(5) The Secretary of State may review the person’s suspension at any time.

(6) The Secretary of State must review the person’s suspension if requested in writing by the person to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.

(7) Following a review during any period of suspension, the Secretary of State may—

(a) revoke the suspension, or

(b) suspend the person for another period of not more than 6 months from the expiry of the current period.

(8) The Secretary of State must revoke the suspension if at any time—

(a) he decides that there are no grounds to remove the person from office under paragraph 2(2)(b), or

(b) he decides that there are such grounds but does not remove the person from office under that provision.

(9) A person who is suspended under paragraph 2(2)(c) is to be disregarded for the purposes of the maximum number of members under paragraph 1(1) at any time during the suspension.”