Health Act 2009

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.”

Commencement Information

I1 Sch. 3 para. 2 in force at 19.1.2010 by S.I. 2010/30, art. 2(d)