Health and Social Care Professionals Act 2005
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SCHEDULE 2 Registration Boards: Miscellaneous Provisions | ||
Section 26 (5) | ||
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Definitions. | ||
1. In this Schedule, except where the context otherwise requires— | ||
“casual vacancy” means a vacancy in the membership of a registration board caused by a person ceasing under paragraph 7 to be a member of the board; | ||
“member”, in relation to a registration board, includes the chairperson of the board. | ||
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Seal of registration board. | ||
2. (1) A registration board shall, as soon as practicable after its establishment, provide itself with a seal and shall retain possession of its seal. | ||
(2) The seal of a registration board must be authenticated by— | ||
(a) the signature of its chairperson or other member of the board authorised by it to act in that behalf, and | ||
(b) the signature of another member of the board authorised by it to act in that behalf. | ||
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Term of office. | ||
3. (1) Subject to subparagraphs (2) and (4), a member of a registration board holds office for a term of 4 years from the date of his or her appointment. | ||
(2) One-half of the members of a registration board first constituted under this Act hold office for a term of 2 years from the date of their appointment. | ||
(3) The members who are to hold office for a term of 2 years shall be decided by lot to be drawn in the manner that may be determined by the Minister. | ||
(4) If a member of a registration board is also a member of the Council whose term of office, by the operation of paragraph 3(2) of Schedule 1 , expires 2 years after the date of being appointed to the Council, the member's term of office on the board is 2 years from the date of his or her appointment. | ||
(5) No person may hold office as a member of a registration board for more than 2 consecutive terms. | ||
(6) A term of 2 years resulting from the operation of subparagraph (2) or (4) is not to be counted for the purposes of subparagraph (5), but a term of any duration resulting from an appointment to fill a casual vacancy is to be counted for that purpose. | ||
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Election and term of office of chairperson. | ||
4. (1) A registration board may elect one of its members to be its chairperson. | ||
(2) If 2 or more persons receive an equal number of votes at an election of the chairperson, it shall be determined by lot which of them is to be the chairperson. | ||
(3) The chairperson holds office for such period as may be specified by the registration board at the time of appointment, unless he or she— | ||
(a) ceases to be a member of the board, | ||
(b) resigns the office of chairperson, or | ||
(c) is removed from the office of chairperson by a resolution of the board. | ||
(4) A resolution of a registration board is effective for the purpose of removing the chairperson from office only if— | ||
(a) at least 7 days notice of the board's intention to propose the resolution is given to each member, and | ||
(b) at least 66 per cent of the members in office vote for the resolution. | ||
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Removal from office. | ||
5. (1) The Minister may at any time remove a member of a registration board from office if— | ||
(a) in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, | ||
(b) the member has committed stated misbehaviour, or | ||
(c) the removal of the member appears to the Minister to be necessary for the Board to perform its functions effectively. | ||
(2) Subparagraph (1) is not to be taken to limit the Minister's power under section 34 to remove from office any or all of the members of a registration board. | ||
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Resignations. | ||
6. (1) A person who holds the office of chairperson of a registration board may resign the office at any time by giving to the board written notice of resignation signed by that person. | ||
(2) Any other member of a registration board may resign membership at any time by giving to the chairperson of the board written notice of resignation signed by the member. | ||
(3) A resignation becomes effective on the date of the registration board's meeting next held after receipt of the written notice of resignation. | ||
(4) A member who resigns as chairperson does not for that reason only cease to be a member of the registration board. | ||
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Termination of membership before completion of term. | ||
7. Despite paragraphs 3 and 4, a person ceases to be a member of a registration board if the person— | ||
(a) is removed from office under paragraph 5 or section 34 , | ||
(b) resigns or dies, or | ||
(c) ceases, if appointed under section 28 (1)(a), to be a registrant of the designated profession concerned. | ||
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Casual vacancies. | ||
8. (1) If a casual vacancy occurs among the members of a registration board (other than those appointed on election under section 28 (1)(a))— | ||
(a) the board shall notify the Minister as soon as practicable, and | ||
(b) the Minister, after consulting any body or organisation that he or she considers appropriate, shall, within 8 weeks of being notified of that vacancy, appoint a person to fill the vacancy. | ||
(2) If a casual vacancy occurs among the members appointed to a registration board under section 28 (1)(a), the board shall co-opt to fill the vacancy a person who would be eligible under that section to be elected for appointment as a member of that board and the Minister shall appoint that person to fill the vacancy. | ||
(3) A person appointed to fill a casual vacancy holds office as a member of the registration board concerned for the unexpired portion of his or her predecessor's term of office. | ||
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Convening meetings and notifying members. | ||
9. (1) The first meeting of a registration board is to be held on the day appointed by the Minister for that board and the members shall be notified by the Minister of the date, time and place of the meeting. | ||
(2) A registration board shall hold at least 4 meetings in each year and may hold any other meetings that it considers necessary for performing its functions. | ||
(3) The chairperson of a registration board— | ||
(a) on his or her own initiative, may convene a meeting of the board, and | ||
(b) when requested to do so by a requisition signed by not fewer than 5 members, shall convene a meeting of the board. | ||
(4) If, after being requested under subparagraph (3), the chairperson refuses to convene a meeting, any 5 members may convene a meeting as soon as practicable. | ||
(5) If the chairperson, without refusing, fails to convene a meeting within 7 days after being requested under subparagraph (3), any 5 members may convene a meeting at the end of that period. | ||
(6) At least 3 clear days before a meeting of a registration board, other than the first meeting, notice of the date, time and place of the meeting shall be sent to each member. | ||
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Quorum. | ||
10. At least 40 per cent of the members in office constitute a quorum at a meeting of a registration board. | ||
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Chairing of meetings. | ||
11. (1) While present at a meeting of a registration board, the chairperson of that board shall chair the meeting. | ||
(2) If the chairperson of the registration board is not present or if the office of chairperson is vacant, the members present at the meeting shall choose one of their number to chair the meeting. | ||
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Voting at meetings. | ||
12. (1) Subject to paragraphs 4(4)(b) and 10, each question at a meeting of a registration board shall be determined by a majority of the votes of the members present and voting on the question. | ||
(2) If there is an equal division of votes, the question shall, subject to paragraph 4(2), be determined by a second or casting vote of the person chairing the meeting. | ||
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Power to act despite vacancy or defect in appointment. | ||
13. (1) A registration board may act despite one or more than one vacancy among its members, provided there is a quorum. | ||
(2) The proceedings of a registration board are not invalid by reason only of any defect in the appointments to the board or in the qualifications of any of its members. | ||
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Minutes of meetings. | ||
14. (1) A registration board shall ensure that minutes of the proceedings of each meeting of the board are prepared and that they include the names of all persons present at the meeting. | ||
(2) The minutes of a meeting shall be submitted for confirmation as an accurate record at the next meeting of the registration board. | ||
(3) When confirmed, with or without amendment, the minutes of a meeting shall be signed by the person chairing the meeting at which they were submitted for confirmation. |