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The National Health Service (Appointment of Consultants) (Wales) Regulations 1996

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Regulation 7

SCHEDULE 1CONSTITUTION OF AN ADVISORY APPOINTMENTS COMMITTEE

1.  A Committee shall be constituted in accordance with the following provisions of this Schedule.

2.  The Authority shall appoint to the Committee the following members:—

(a)a lay member;

(b)a professional member who practises in the relevant specialty, not being—

(i)in the case of a Health Authority, a practitioner employed within the area of the Authority making the appointment, or

(ii)in the case of a Special Health Authority, a practitioner employed by the Special Health Authority,

who shall be appointed after consultation with the relevant college;

(c)the chief officer of the Authority;

(d)the person who is—

(i)where the appointment is to a consultant post in a hospital, the medical director or dental director of that hospital or a person who acts in a similar capacity at that hospital, or

(ii)where the appointment is to a consultant post in public health medicine, the Director of Public Health of another Authority, in the case of an appointment in the Authority to the post of Director of Public Health, and, in any other case, the Director of Public Health of the Authority in which the duties of the post will mainly be carried out;

(e)a professional member who shall be—

(i)a person employed by the Authority as a consultant in the relevant specialty, or

(ii)where no such person is available for the purpose, a person employed by the Authority as a consultant in some other specialty.

3.  Where the appointment is to a post which involves substantial teaching or research commitments, a further professional member shall be appointed after consultation with the relevant University.

4.  In addition to the core members the Authority may appoint such additional members to the Committee as it considers appropriate.

5.  A Committee shall have a majority of professional members and a majority of members who are persons employed by the Authority.

6.  Two or more Authorities may in the appointment of a Committee act together as if they were a single Authority.

Regulation 7

SCHEDULE 2PROCEEDINGS OF THE ADVISORY APPOINTMENTS COMMITTEE

1.  The Committee shall not transact any business in the absence of any core member unless there is present a person who has been nominated by the core member to act as his deputy.

2.—(1) Subject to sub-paragraph (2), where a member is unwilling or unable to perform his functions another person may be appointed in the same manner to be a member in his place.

(2) Where the person who is unwilling or unable to perform his functions is—

(a)the chief officer of the Authority, another officer member of the Authority shall be appointed to act in his place;

(b)a professional member appointed in accordance with paragraph 2(d) or (e) of Schedule 1, another professional member shall be appointed to act in his place.

3.  The Chairman of the Committee shall be the lay member appointed under paragraph 2(a) of Schedule 1.

4.  The Authority shall appoint a person to act as clerk to the Committee and he shall provide the Committee with such clerical or other assistance as the Committee may require.

5.  In the event of an equality of votes the Chairman shall not have any second or casting vote, and no applicant shall be considered suitable for appointment unless a majority of the Committee considers him to be so suitable.

6.  Subject to the provisions of paragraphs 1 and 2, the proceedings of the Committee shall not be invalidated by any vacancy in, or failure to appoint to, or defect in the appointment or qualification of any member of, the Committee.

7.  In this Schedule, “clerk to the Committee”, in the case of Authorities acting together, means the officer appointed by such one of those Authorities as they may agree or, in default of such agreement, as the Secretary of State may direct.

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