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The National Institute for Clinical Excellence Regulations 1999

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Termination of Tenure of Office of Chairman and Non-Officer Members

8.—(1) The chairman or a non-officer member may resign his office at any time during his term of office, by giving notice in writing to the Secretary of State.

(2) Where during his term of office a non-officer member is appointed to be the chairman, his tenure of office as a non-officer member shall terminate when his appointment as chairman takes effect.

(3) Where the Secretary of State is of the opinion that it is not in the interests of the Institute or of the health service that the chairman or a non-officer member should continue to hold that office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.

(4) If the chairman or a non-officer member fails to attend any meeting of the Institute for a period of three months the Secretary of State shall forthwith terminate that person’s tenure of office unless he is satisfied that–

(a)the absence was due to a reasonable cause; and

(b)the person in question will be able to attend meetings of the Institute within such a period as the Secretary of State considers reasonable.

(5) Where a person has been appointed to be the chairman or a non-officer member, and–

(a)he becomes disqualified for appointment under regulation 5, the Secretary of State shall forthwith notify him in writing of such disqualification; or

(b)it comes to the notice of the Secretary of State that at the time of his appointment he was so disqualified, he shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect;

and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or member.

(6) If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 12 (disability on account of pecuniary or other personal interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.

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