The Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2003

Termination of appointment and suspension of officer members

8.—(1) If the chair and non-officer members are of the opinion that it is not in the interests of the Board that a person who is an officer member should continue to hold office as such a member, they may immediately terminate that person’s tenure of office.

(2) If the officer members (other than an officer member who is the subject of a notification to the chair under this paragraph) notify the chair that they are of the opinion that a person who is an officer member should not continue to hold office as such a member, the chair and non-officer members of the Board may terminate that person’s tenure of office if they are of the opinion that it is not in the interests of the Board for that person to continue to hold office.

(3) Where under paragraph (2) the chair and non-officer members terminate the tenure of office of an officer member or determine that such a person should continue to hold office, they shall forthwith notify the Assembly in writing, stating the reasons for their decision.

(4) Where a person has been appointed to be an officer member —

(a)if it comes to the notice of the chair and the non-officer members that the person has become ineligible for appointment under Schedule 2 to these Regulations, they shall forthwith notify the person and the Assembly in writing of such ineligibility; or

(b)if it comes to the notice of the chair and the non-officer members that at the time of appointment the person was so ineligible, they shall forthwith notify the person and the Assembly in writing of their view that the person was not duly appointed;

and, following such notification, the chair and the non-officer members may terminate the person’s tenure of office and that person shall cease to act as an officer member.

(5) If it appears to the chair and the non-officer members that an officer member has failed to comply with regulation 15, they may terminate that person’s tenure of office and that person shall cease to act as an officer member.

(6) If a person who is an officer member has failed to attend a meeting of the Board for a period of three months, the chair and non-officer members shall terminate that person’s tenure of office unless they are satisfied that —

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

(b)the person will be able to attend such meetings within such period as the chair and non-officer members consider reasonable.

(7) Before making their final decision upon whether to terminate the tenure of office of an officer member, the chair and the non-officer members may, if they consider it appropriate to do so, suspend the tenure of office of an officer member for such period as they consider reasonable before making their final decision.

(8) If the chair and non-officer members decide to suspend the tenure of office of an officer member, they shall immediately notify the Assembly in writing, stating the reasons for their decision.

(9) An officer member whose tenure of office is suspended shall also be suspended from performing the functions of a member, and an officer member whose tenure of office is terminated shall cease to be a member.