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Care Act 2014

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This is the original version (as it was originally enacted).

Non-executive members: suspension from office

This section has no associated Explanatory Notes

3(1)Having decided to suspend a person under paragraph 2(6), the Secretary of State must give notice of the decision to the person; and the suspension takes effect when the person receives the notice.

(2)The notice may be—

(a)delivered in person (in which case the person is taken to receive 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 taken to receive it on the third day after the day on which it is posted).

(3)The initial period of suspension must not exceed six months.

(4)The Secretary of State may review the suspension.

(5)The Secretary of State—

(a)must review the suspension, if requested in writing by the person to do so, but

(b)need not review the suspension less than three months after the beginning of the initial period of suspension.

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

(a)revoke the suspension, or

(b)suspend the person for a period of no more than six months from the expiry of the current period.

(7)The Secretary of State must revoke the suspension if the Secretary of State—

(a)decides that there are no grounds to remove the person from office under paragraph 2(5), or

(b)decides that there are grounds to do so but nonetheless decides not to do so.

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