|Made||5th February 2004|
|Coming into operation||1st April 2004|
|1.||Citation, commencement and interpretation|
|3.||Terms of appointment|
|4.||Disqualification for appointment|
|6.||Termination by the Department of tenure of office of chairman and members|
|7.||Appointment of deputy chairman|
|8.||Appointment of committees and sub-committees|
|9.||Meetings and proceeding|
|10.||Disclosure of pecuniary interest and exclusion of chairman and members in proceedings on account of pecuniary interest.|
|SCHEDULE -||Provisions as to meetings and proceedings of the Authority.|
2. The Authority shall consist of a chairman and not more than 12 other members appointed by the Department.
Terms of appointment
3. - (1) The chairman shall be appointed for a period not exceeding 4 years.
(2) The members of the Authority shall be appointed for a period not exceeding 4 years.
(3) Members may be appointed for periods of different duration.
(4) The period of appointment of the chairman and of any particular member shall be determined by the Department.
(5) Subject to Regulation 4 the chairman or a member of the Authority may, on the termination of the period of tenure of office, be eligible for re-appointment for such further period, not exceeding 4 years, as the Department may in any particular case determine.
(6) The Department may instead of re-appointing the chairman or a member on the expiration of their term of office, extend their appointment for such further period as may appear reasonable in the particular circumstances but the period by which an appointment is extended must not exceed 4 years.
Disqualification for appointment
4. - (1) The following persons are disqualified for appointment as chairman or as a member of the Authority -
(e) a person who is employed by the Authority, the Northern Ireland Social Care Council, the Northern Ireland Practice and Education Council or any body exercising functions similar to those of the aforementioned bodies under legislation in force in the United Kingdom;
(f) a person who is a chairman, member, director or employee of a health service body or a health and social services body;
(g) a person whose application for registration under Part III of the Order, Parts II and III of the Registered Homes (Northern Ireland) Order 1992, Part VIII of the Children (Northern Ireland) Order 1995, Part I of the Health and Personal Social Services Act (Northern Ireland) 2001, Part IV of the Care Standards Act 2000 or Part I of the Regulation of Care (Scotland) Act 2001, has been refused, or
(h) a person included in a list kept by the Secretary of State under section 1 of the Protection of Children Act 1999 (list of individuals considered unsuitable to work with children), section 81 of the Care Standards Act 2000 (list of individuals considered unsuitable to work with vulnerable adults), Article 1 of the Protection of Children (Scotland) Act 2003 or a list kept by the Department under Article 3 or 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;
(i) any employed or self-employed health care professional or employees of health care professionals;
(j) a person whose registration as a health care professional has been withdrawn or suspended;
(k) he holds a paid appointment or office with a trade union which represents the interests of members who are employed by a health service body or a health and social services body;
(l) any person who has financial or related interests which prejudice the exercise of his duties.
(2) For the purposes of paragraph (1)(a) -
(3) Where a person is disqualified because he has been adjudged bankrupt, the disqualification shall cease -
(4) For the purposes of paragraph (1)(c) "dismissal" excludes dismissal which is established to have been unfair in industrial tribunal proceedings.
(5) Where a person is disqualified because he made a composition or arrangement with his creditors, his disqualification shall cease -
(6) Subject to paragraph (7), a person who is disqualified under paragraph (1)(c) may, after the expiry of 2 years beginning on the date on which he was dismissed, apply in writing to the Department to remove that disqualification, and the Department may direct that that disqualification shall cease.
(7) Where the Department refuses an application to remove a disqualification, no further application may be made by that person until the expiry of the period of 2 years beginning with the date of the application and this paragraph shall apply to any subsequent application.
(8) In paragraph (1)(i), a "health care professional" means -
5. - (1) The chairman or a member of the Authority may resign his office at any time during his term of office by giving not less than 30 days notice in writing to the Department of his intention to do so.
(2) A person who resigns as chairman of the Authority may, if the Department consents, continue to serve as a member for any part of the period of his appointment which remains when his resignation as chairman takes effect.
(3) A person who, on his resignation as chairman, seeks to continue to serve as a member shall inform the Department in writing of his wish to do so when he submits his resignation as chairman.
(4) A person who fails to comply with the requirement of paragraph (3) shall cease to be a member of the Authority when his term of office as chairman terminates.
(5) In the case of a member who during his term of office is appointed chairman of the Authority, the terms on which he was appointed a member shall cease to apply on the day on which his appointment as chairman takes effect.
Termination of tenure of office of chairman and members
6. - (1) The Department -
(b) may terminate the appointment of a person as chairman or as a member of the Authority where the person -
(2) Paragraph (1)(a)(ii) shall not apply where the Department is satisfied that the person had good cause for not attending the meetings and that, once the circumstances which caused him to miss the meetings are removed, he can and will attend the meetings of the Authority.
(3) Where the Department decides to terminate an appointment under paragraph (1), it shall forthwith give the person concerned notice in writing of the termination of his appointment and of the reasons for his decision.
(4) Where the Department is of the opinion that it is not in the interests of, or conducive to the good management of the Authority or any of its committees that the chairman or member should continue to hold office, it may forthwith terminate his appointment by giving him notice in writing to that effect.
(5) Where a person has been appointed chairman or a member and it comes to the notice of the Department that at the time of the appointment he was disqualified for appointment under regulation 4, it shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect; and upon receipt of such notification, his appointment shall be terminated and he shall cease to act as such chairman or member.
(6) A person who, after his appointment as chairman or as a member of the Authority, is adjudged bankrupt or makes a composition or arrangement with his creditors, shall give notice in writing of the fact to the Department.
Appointment of deputy chairman
7. - (1) Subject to paragraph (2), the chairman and members of the Authority may appoint one of their number to be deputy chairman for such period, not exceeding the remainder of his term of office as a member, as they may specify on appointing him.
(2) Any member so appointed may at any time resign from the office of deputy chairman by giving notice in writing to the chairman.
(3) Where the chairman is, for whatever reason, unable to perform his duties as chairman, the deputy chairman may perform those duties.
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
(5) Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only -
(6) Where the chairman or a member -
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter, or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
(7) This regulation applies to any committee or sub-committee of the Authority as it applies to the Authority and applies to any member of any such committee or sub-committee (whether or not he is also a member of the Authority) as it applies to a member of the Authority.
(8) In this regulation -
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
5th February 2004.
A Senior Officer of the Department of Health, Social Services and Public Safety
those members may forthwith call a meeting.
(3) Before each meeting of the Authority, a notice of the meeting which -
shall be served on each member at least 7 clear days before the day of the meeting.
(4) The proceedings of any meeting shall not be invalidated by a failure to deliver such notice to any member.
(5) In the case of a meeting called under sub-paragraph (2) by members, those members shall sign the notice and no business other than that specified in the notice shall be transacted at the meeting.
3. - (1) At any meeting of the Authority the chairman or, in his absence, the deputy chairman (if there is one and he is present) shall preside.
(2) If the chairman and deputy chairman are both absent, such other member present, as the other members present shall choose for the purpose, shall preside.
4. - (1) At any meeting of the Authority the quorum shall be one third (rounded up to a whole number) of the appointed members, including the chairman.
(2) Where the Authority is considering the appointment of a Chief Executive, the Authority is not quorate unless the chairman is present.
5. Every question at a meeting shall be determined by a majority of the votes of the members present and competent to vote on the question and, in the case of an equality of votes, the chairman or, in his absence, the person presiding at the meeting, shall have a second vote.
6. - (1) The minutes of the proceedings of a meeting shall be drawn up and shall be signed at the ensuing meeting by the person presiding at that next meeting.
(2) The names of the members present at a meeting shall be recorded in the minutes.
 1978 c. 29; section 2 was amended by paragraph 1 of Schedule 7 to the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) and by section 28 of the National Health Service and Community Care Act 1990; section 10 was amended by paragraph 2 of Schedule 6 to the Health Services Act 1980 (c. 53); section 12A was inserted by section 31 of the National Health Service and Community Care Act 1990back