Health Act 2009

Section 19

Schedule 3 E+W+S+N.I. NHS and other health appointments: suspension

Part 1 E+W Amendments of enactments

Medicines Act 1968 (c. 67) E+W

1 (1) In Schedule 1A to the Medicines Act 1968 (provisions relating to Commission on Human Medicine and Committees), paragraph 6 is amended as follows. E+W

(2) At the beginning, insert “ (1) ”.

(3) At the end insert—

“(2) Regulations made under sub-paragraph (1) may include such incidental, supplemental, consequential or transitional provision as appears to the Ministers to be expedient.”

Licensing (Alcohol Education and Research) Act 1981 (c. 28) E+W

2 (1) Schedule 1 to the Licensing (Alcohol Education and Research Act) 1981 (the Alcohol Education and Research Council) is amended as follows. E+W

(2) In paragraph 3(1), after “this paragraph” insert “ and paragraphs 3A and 3B ”.

(3) After paragraph 3 insert—

“3A The Secretary of State may suspend a member of the Council from office if it appears to him that one of the conditions in paragraph 3(5) is or may be satisfied in relation to the person.

3B (1) This paragraph applies where the Secretary of State decides to suspend a member under paragraph 3A.

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

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

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

(b) sent by first class post to the member's last known address, in which case the member 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 member's suspension at any time.

(6) The Secretary of State must review the member's suspension if requested in writing by the member 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 the Secretary of State may—

(a) revoke the suspension, or

(b) suspend the member 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 none of the conditions mentioned in paragraph 3(5) is satisfied, or

(b) he decides that any of those conditions is satisfied but does not remove the member from office.

(9) A member who is suspended under paragraph 3A is to be disregarded at any time during the suspension in determining for the purposes of section 6(2) (minimum and maximum number of members of the Council) whether the Council has more than 15 members.”

(4) In paragraph 4—

(a) in sub-paragraph (1), after “this paragraph” insert “ and paragraph 4A ”.

(b) for sub-paragraph (4) substitute—

“(4) If the chairman is suspended from office as a member or ceases to be a member, he shall also be suspended from office as the chairman or (as the case may be) cease to be the chairman.”

(5) After paragraph 4 insert—

“4A (1) This paragraph applies where the chairman is suspended from office by virtue of paragraph 4(4).

(2) The Secretary of State may appoint a member as the interim chairman of the Council to exercise the chairman's functions.

(3) Subject to the provisions of this paragraph, the interim chairman shall hold and vacate his office in accordance with the terms of his appointment.

(4) Appointment as interim chairman shall be for a term not exceeding the shorter of—

(a) the period ending with either—

(i) the appointment of a new chairman, or

(ii) the revocation or expiry of the existing chairman's suspension; and

(b) the remainder of the interim chairman's term as a member of the Council.

(5) Previous service as chairman or interim chairman of the Council does not affect a person's eligibility for appointment as interim chairman.

(6) The interim chairman may resign his office by giving notice in writing to the Secretary of State.

(7) The Secretary of State may terminate the appointment of the interim chairman if he is satisfied that it would be in the best interests of the Council for another member to be the interim chairman.”

Human Fertilisation and Embryology Act 1990 (c. 37) E+W

3 (1) Schedule 1 to the Human Fertilisation and Embryology Act 1990 (the Human Fertilisation and Embryology Authority: supplementary provision) is amended as follows. E+W

(2) In paragraph 5(1), after “this paragraph” insert “ and paragraphs 5A and 5B ”.

(3) After paragraph 5 insert—

“5A The Secretary of State may suspend a member from office as chairman, deputy chairman or other member of the Authority if it appears to him that one of the conditions in paragraph 5(5) is or may be satisfied in relation to the member.

5B (1) This paragraph applies where the Secretary of State decides to suspend a member under paragraph 5A.

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

(3) A notice under subsection (2) is treated as being received by the member—

(a) in a case where it is delivered in person or left at the member's proper address, at the time at which it is delivered or left;

(b) in a case where it is sent by post to the member at that address, 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 member's suspension at any time.

(6) The Secretary of State must review the member's suspension if requested in writing by the member 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 the Secretary of State may—

(a) revoke the suspension, or

(b) suspend the member 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 neither of the conditions mentioned in paragraph 5(5) is satisfied, or

(b) he decides that either of those conditions is satisfied but does not remove the member from office as chairman, deputy chairman or other member of the Authority.”

Health Protection Agency Act 2004 (c. 17) E+W

4 Schedule 1 to the Health Protection Agency Act 2004 (the Health Protection Agency) is amended as follows. E+W

5 (1) Paragraph 1 is amended as follows. E+W

(2) After sub-paragraph (3) insert—

“(3A) Where the membership of a non-executive member is suspended in accordance with any regulations made under paragraph 8(2)(d), that member's appointment is to be disregarded at any time during the suspension for the purpose of determining the appointments to be made under sub-paragraph (3).”

(3) After sub-paragraph (5) insert—

“(5A) But the Secretary of State may by regulations—

(a) provide that if the chairman's membership is suspended the Secretary of State may direct that the appointment of the deputy chairman under sub-paragraph (5) is to cease to have effect; and

(b) make provision about the appointment by the Secretary of State in those circumstances of another non-executive member to be deputy chairman.”

(4) In sub-paragraph (7), after “sub-paragraph” insert “ (5A) or ”.

6 In paragraph 29, after sub-paragraph (2) insert— E+W

“(3) Regulations may include such incidental, supplemental, consequential or transitional provision as appears to the Secretary of State to be expedient.”

Human Tissue Act 2004 (c. 30) E+W

7 In Schedule 2 to the Human Tissue Act 2004 (the Human Tissue Authority) after paragraph 9 insert— E+W

“9A The appointing authority may suspend a person from office as chairman or other member of the Authority if it appears to the appointing authority that one of the conditions in paragraph 9 is or may be satisfied in relation to the person.

9B (1) This paragraph applies where the appointing authority decides to suspend a person under paragraph 9A.

(2) The appointing authority 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 appointing authority may review the person's suspension at any time.

(6) The appointing authority 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 the appointing authority 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 appointing authority must revoke the suspension if at any time—

(a) it decides that neither of the conditions mentioned in paragraph 9 is satisfied, or

(b) it decides that either of those conditions is satisfied but does not remove the person from office as chairman or other member of the Authority.

(9) A person who is suspended under paragraph 9A is to be disregarded at any time during the suspension for the purposes of paragraph 1(1)(c) or (d).

(10) In this paragraph “the appointing authority”, in relation to a person appointed as chairman or other member of the Authority, means the person who appointed him.

9C (1) This paragraph applies where a person is suspended from office as chairman under paragraph 9A.

(2) The Secretary of State may appoint a member of the Authority as the interim chairman to exercise the chairman's functions.

(3) The Secretary of State may only appoint a member as the interim chairman if the member is not disqualified for being appointed as chairman by virtue of paragraph 2.

(4) Subject to the following provisions of this paragraph, the interim chairman shall hold and vacate office in accordance with the terms of his appointment.

(5) Appointment as interim chairman shall be for a term not exceeding the shorter of—

(a) the period ending with either—

(i) the appointment of a new chairman, or

(ii) the revocation or expiry of the existing chairman's suspension; and

(b) the remainder of the interim chairman's term as a member of the Authority.

(6) Previous service as chairman or interim chairman of the Authority does not affect a person's eligibility for appointment as interim chairman.

(7) A person holding office as interim chairman of the Authority may resign that office by giving notice in writing to the Secretary of State.

(8) The Secretary of State may remove a person from office as interim chairman if he is satisfied that it would be in the best interests of the Authority for another member to be the interim chairman.”

Health Act 2006 (c. 28) E+W

8 (1) In Schedule 4 to the Health Act 2006 (the Appointments Commission: supplementary) paragraph 6 is amended as follows. E+W

(2) At the beginning insert “ (1) ”.

(3) At the end insert—

“(2) But regulations may—

(a) provide that if the chairman's membership is suspended the Secretary of State may direct that the appointment of the vice-chairman under sub-paragraph (1) ceases to have effect;

(b) make provision about the appointment by the Secretary of State in those circumstances of another non-executive member to be vice-chairman.”

National Health Service Act 2006 (c. 41) E+W

9 The National Health Service Act 2006 is amended as follows. E+W

10 In Schedule 2 (Strategic Health Authorities), for paragraph 9(d) substitute— E+W

“(d) the circumstances in which the chairman or vice-chairman or any member of a Strategic Health Authority may be suspended from office,”.

11 In Schedule 6 (Special Health Authorities), for paragraph 5(d) substitute— E+W

“(d) the circumstances in which the chairman or vice-chairman or any member of a Special Health Authority may be suspended from office,”.

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

(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.”

13 (1) Schedule 19 (further provision about standing advisory committees) is amended as follows. E+W

(2) In paragraph 1(b), after “office” insert “ (including removal or suspension from office) ”.

(3) After paragraph 5 insert—

“5A But regulations under paragraph 1(b) may make provision about the appointment by the Secretary of State of an interim chairman of a standing advisory committee in cases where the chairman elected under paragraph 5 is removed or suspended from office.”

National Health Service (Wales) Act 2006 (c. 42) E+W

14 The National Health Service (Wales) Act 2006 is amended as follows. E+W

15 In Schedule 5 (Special Health Authorities established under section 22), for paragraph 5(d) substitute— E+W

“(d) the circumstances in which the chairman or vice-chairman or any member of a Special Health Authority may be suspended from office,”.

16 (1) Schedule 10 (further provision about community health councils) is amended as follows. E+W

(2) In paragraph 2(a), omit the words from “(including” to the end.

(3) After paragraph 2 insert—

“2A Regulations made under paragraph 2(a) may make provision about—

(a) the election by members of a Council of a member to chair the Council, and

(b) the appointment by the Welsh Ministers of a member to chair the Council on an interim basis in cases where the member so elected is removed or suspended from office.”

17 (1) Schedule 13 (further provision about standing advisory committees) is amended as follows. E+W

(2) In paragraph 1(b), after “office” insert “ (including removal or suspension from office) ”.

(3) After paragraph 5 insert—

“5A But regulations under paragraph 1(b) may make provision about the appointment by the Welsh Ministers of an interim chairman of a standing advisory committee in cases where the chairman elected under paragraph 5 is removed or suspended from office.”

Part 2 E+W+S+N.I. Supplementary

Cross-border bodies E+W

18 (1) In relation to a cross-border body— E+W

(a) functions exercisable by the Secretary of State under the National Health Service Act 2006 (c. 41) by virtue of paragraph 11 or 13 are exercisable by the Welsh Ministers concurrently with the Secretary of State, and

(b) functions exercisable by the Welsh Ministers under the National Health Service (Wales) Act 2006 (c. 42) by virtue of paragraph 15 or 17 are exercisable by the Secretary of State concurrently with the Welsh Ministers.

(2) In sub-paragraph (1) “cross-border body” has the same meaning as in the Government of Wales Act 2006 (c. 32).

Transitional provision E+W+S+N.I.

19 The amendments made by this Schedule apply in relation to a person appointed at any time (including a time before the coming into force of those amendments). E+W+S+N.I.