Health and Social Care Act 2008 Explanatory Notes

Council for Healthcare Regulatory Excellence

Section 114: Constitution etc. of the Council

359.Section 114 makes provision regarding the constitution of the Council for Healthcare Regulatory Excellence. The present Council of nineteen members is reduced to nine members. It will consist of a chair appointed by the Privy Council, six non-executives appointed by the Secretary of State and the devolved administrations, and two executives appointed by the Council itself. Paragraphs 20 and 21 of Schedule 10 allow the Secretary of State and the Privy Council respectively, if they wish, to delegate the selection process to the Appointments Commission.

360.In addition, in subsection (3) of this section, amendments are made to the enabling powers to make regulations (contained in paragraph 6 of Schedule 7 to the Health Care Professions Act 2002) relating to conditions of appointment, tenure of office etc. of the chair, Council members and deputy chair as a consequence of the change in the constitution. Subsection (6) inserts a new sub-paragraph into paragraph 16 of Schedule 7 to require the Council for Healthcare Regulatory Excellence in its annual report to include a statement on how it and each health professions regulatory body has, in the Council's opinion, promoted the health, safety and well-being of patients and other members of the public.

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