Statutory Instruments
2010 No. 1072
Public Health
National Health Service, England
Social Care
The Appointments Commission (Amendment) Regulations 2010
Made
28th March 2010
Laid before Parliament
1st April 2010
Coming into force
1st June 2010
The Secretary of State for Health makes the following Regulations, in exercise of the powers conferred by section 79(3) of, and paragraph 6(2) of Schedule 4 to, the Health Act 2006( 1 ).
Citation and commencement
1. These Regulations may be cited as the Appointments Commission (Amendment) Regulations 2010 and shall come into force on 1st June 2010.
Amendment relating to suspension
2. —(1)The Appointments Commission Regulations 2006 (“the 2006 Regulations”)( 2 ) are amended as follows.
(2) After regulation 8 of the 2006 Regulations (suspension of chairman, non-executive members and commissioners) insert—
“ Suspension of chairman: appointment of vice-chairman
8A. —(1) This regulation applies where the chairman has been suspended under regulation 8(1).
(2) If a vice-chairman has been appointed ( 3 ) , the Secretary of State may direct that that appointment ceases to have effect.
(3) In those circumstances the Secretary of State may appoint another non-executive member to be vice-chairman.
(4) The appointment of a vice-chairman under paragraph (3) shall be for such period, 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 vice-chairman’s period of office as a member of the Commission.
(5) A person appointed under paragraph (3) may resign the office of vice-chairman by giving notice in writing to the Secretary of State.
(6) The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) if satisfied that it would be in the interests of, or conducive to the good management of the Commission for another non-executive member to be vice-chairman.
(7) If—
(a) a person resigns from the office of vice-chairman under paragraph (5); or
(b) the Secretary of State terminates a person’s appointment as vice-chairman under paragraph (6),
the Secretary of State may appoint another non-executive member as vice-chairman under paragraph (3). ” .
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
28th March 2010
2006 c. 28 . Paragraph 6 of Schedule 4 was amended by section 19 of, and paragraph 8 of Schedule 3 to the Health Act 2009 (c. 21) . See section 71(1) of the Health Act 2006 for the meaning of “regulations”.
S.I. 2006/2380 to which there are no relevant amendments. The Appointments Commission was established by section 57(1) of the Health Act 2006. See section 71(1) of that Act 2006 for the definition of “the Commission”.
See paragraph 6(1) of Schedule 4 to the Health Act 2006 for the power to appoint a vice-chairman.
See paragraph 19 of Schedule 3 to the Health Act 2009 (c. 21) .