First Previous (SCHEDULE 1 Acts Referred to in Definition of Health and Personal Social Services) Next (SCHEDULE 3 Transfer of Functions and References to Functional Areas)

42 2004

Health Act 2004


Miscellaneous Provisions Relating to the Executive and the Board

Sections 6(3) and 11(6) .

Seal of Executive

1. (1) The Executive shall provide itself with a seal as soon as practicable after the establishment day.

(2) The seal of the Executive must be authenticated by the signature of—

(a) the chief executive officer and another member of the Board, or

(b) any 2 employees of the Executive from a panel of employees who are designated by the chief executive officer for the purpose of this section and are authorised annually by the Board to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Executive.

(4) Each instrument purporting to be made by the Executive and to be sealed with its seal (purporting to be authenticated in accordance with subparagraph (2)) is admissible in evidence and is deemed, in the absence of evidence to the contrary, to be such instrument.

Term of office of chairperson and other appointed members of Board

2. (1) The chairperson holds office for such period, not exceeding 5 years from the date of appointment to the office, as the Minister shall determine.

(2) Subject to subparagraph (3), an ordinary member holds office for such period, not exceeding 5 years from the date of appointment to the office, as the Minister may determine.

(3) Of the ordinary members of the Board first constituted under this section—

(a) 5 of them (selected in accordance with subparagraph (4)) hold office for a period of 3 years from the date of appointment to the office, and

(b) the others hold office for a period of 5 years from the date of such appointment.

(4) The ordinary members who are to hold office for a period of 3 years are, at a meeting of the Board held for the purpose, to be selected by—

(a) unanimous agreement of the ordinary members present at the meeting, or

(b) if for any reason unanimous agreement cannot be reached, the drawing of lots by those members.

(5) An appointed member who completes a term of office is eligible for reappointment to the Board, but may not serve for more than 2 consecutive terms.

(6) A period of service as a member pursuant to an appointment under paragraph 3(2) is considered for the purposes of subparagraph (5) to be a term of office.

Resignations and casual vacancies

3. (1) An appointed member may resign office by letter addressed to the Minister and the resignation takes effect on the later of—

(a) the date specified in the letter, or

(b) the receipt of the letter by the Minister.

(2) If an appointed member resigns, dies, ceases to hold office (other than on completing a term of office), ceases to be qualified for office or is removed from office, the Minister shall as soon as practicable appoint a person to fill the casual vacancy so occasioned.

(3) A person appointed under subparagraph (2) holds office for the unexpired portion of his or her predecessor's term of office and at the end of that term is, subject to paragraph 2(5), eligible for reappointment as a member.

Meetings of Board

4. (1) The Minister, in consultation with the chairperson, shall fix the date of the first meeting of the Board and shall specify the time and place of the meeting.

(2) The Board shall hold as many meetings as are necessary for performing its functions, but in each year shall hold not fewer than one meeting in each of 11 months of that year.

(3) The chairperson may at any reasonable time call a meeting of the Board.

(4) Any 3 members may call a meeting of the Board if the chairperson—

(a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 3 members, or

(b) without refusing to call a meeting, does not call one within 7 days after being presented with such requisition.

Quorum and procedures

5. (1) The quorum for a meeting of the Board is 5.

(2) The chairperson is to preside at all meetings of the Board at which he or she is present.

(3) If the chairperson is absent from a meeting, or if that office is vacant, the members present at the meeting shall choose one of themselves, other than the chief executive officer, to preside.

(4) Each question at a meeting shall be determined by a majority of the votes of the members present and voting on the question.

(5) In the case of an equal division of votes, the chairperson or other member presiding at the meeting has a second or casting vote.

(6) As long as there is a quorum, the Board may act despite one or more than one vacancy among its members.

(7) Subject to this Act, the Board shall regulate, by standing orders or otherwise, the procedures and business of the Board.

(8) Non-compliance with a standing order of the Board does not invalidate a decision of the Board.