Section 10.
Modifications etc. (not altering text)
C1Sch. 3: power to amend or repeal conferred (20.7.2000) by 2000 c. 14, s. 70(4)
C2Sch. 3: certain functions made exercisable by the National Assembly for Wales concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
1The Council shall consist of a chairman and not more than 25 other members.
2The members of the Council shall be appointed by the Secretary of State.
3Before appointing a member other than the chairman the Secretary of State shall consult any body that appears to him to be appropriate.
4The Chairman shall be appointed for a term not exceeding 5 years but shall be eligible for reappointment as chairman.
5Each of the other members shall be appointed for a term not exceeding 3 years, except that a member appointed to fill a casual vacancy shall be appointed for the remainder of the term for which his predecessor was appointed.
6A person who is or who has been a member of the Council shall be eligible for reappointment as a member.
7The persons who are the chairman and members of the Council at the commencement of section 10 above shall cease to hold office on that date but may be reappointed to the Council.
8A member of the Council may at any time resign his office.
9The Secretary of State may remove a member from office if that member—
(a)has become bankrupt or made an arrangement with his creditors;
(b)is incapacitated by physical or mental illness;
(c)has been absent from meetings of the Council for a period of 6 months otherwise than for a reason approved by the Secretary of State; or
(d)is in the opinion of the Secretary of State otherwise unable or unfit to discharge the functions of a member.
10The Council may appoint one or more committees.
11A committee may be appointed under paragraph 10 above to advise the Council or to perform any of the functions of the Council or for both purposes.
12If the Secretary of State directs the Council to appoint committees to advise the Council on the exercise of the Council’s functions so far as they relate to Scotland, Wales or Northern Ireland, it shall be the Council’s duty to appoint a committee or committees in accordance with the direction.
13The Council may determine that any committee appointed under paragraph 12 above to advise on the exercise of the Council’s functions so far as they relate to Scotland, Wales or Northern Ireland, shall also perform any functions of the Council so far as they so relate.
14Where a committee perform any of the Council’s functions, the Council may direct that the committee shall cease to perform them.
15No person shall be appointed chairman of a committee unless he is a member of the Council.
16If the Secretary of State so directs, it shall be the duty of the Council to notify to him the name of the person whom they propose to appoint as chairman of any committee appointed to advise the Council on the exercise of the Council’s functions so far as they relate to Scotland, Wales or Northern Ireland, whether the committee was established in pursuance of a direction or not.
17A notification under paragraph 16 above shall be sent to the Secretary of State at least 14 days before the proposed appointment is due to take effect.
18A person whose proposed appointment has been notified to the Secretary of State shall not be appointed chairman of the committee to the chairmanship of which the Council propose to appoint him if the Secretary of State directs the Council not to appoint him.
19The proceedings of the Council or any committee appointed by the Council shall not be invalidated by any vacancy in the membership of the Council or committee, or by any defect in the appointment of any member.
20The Council and, subject to any directions of the Council, any committee appointed by them, may regulate their own procedure and fix a quorum for their own proceedings.
21The Council may appoint such numbers of staff, of such descriptions and upon such terms as to remuneration and other conditions of service, as the Council may, with the approval of the Secretary of State given with the consent of the Treasury, determine.
22The Council shall have power, with the approval of the Secretary of State given with the consent of the Treasury—
(a)to pay pensions, allowances and gratuities to or in respect of the Council’s staff;
(b)to make payments towards the provision of such pensions, allowances or gratuities;
(c)to provide or maintain schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities; and
(d)to pay compensation to any member of their staff for loss of office.
23Compensation under paragraph 22(d) above may be in excess of the amount required by the M1Employment Protection (Consolidation) Act 1978.
Marginal Citations
24The Council may pay to their members, and to the members of any committee appointed by them, such travelling, subsistence and other allowances as the Council may, with the approval of the Secretary of State given with the consent of the Treasury, determine.
25The Council shall keep proper accounts and other records in relation to the accounts and prepare in respect of each financial year and transmit to the Secretary of State a statement of account in such form as the Secretary of State may, with the approval of the Treasury, determine.
26The Secretary of State shall transmit the statement on or before 30th November following the financial year to the Comptroller and Auditor General, who shall examine and certify it and lay copies of it together with his report on it before each House of Parliament.
27The Secretary of State shall out of money provided by Parliament pay to the Council such sums as may be necessary to defray the Council’s approved expenditure so far as that expenditure exceeds any income derived from the exercise of the Council’s functions and is not met out of moneys appropriated by Measure of the Northern Ireland Assembly.
28In paragraph 27 above “approved expenditure” means expenditure incurred with the approval of the Secretary of State and the Head of the Department of Health and Social Services for Northern Ireland.