Children's Health Act 2018

Removal of all members of Board from office

18. (1) The Minister may remove all the members of the Board from office where—

(a) the Board fails to achieve a quorum for 3 consecutive meetings,

(b) the Board does not comply with a final judgment, order or decree of a court, or

(c) the Minister is satisfied, following an independent review under subsection (2), that the Board’s functions are not being performed in an effective manner.

(2) The Minister may, if of the opinion that the Board’s functions are not being performed in an effective manner, appoint a person to conduct an independent review of any matter giving rise to that opinion and submit a report to the Minister on the results of the review.

(3) The Board shall co-operate with such review and give the person conducting it all reasonable assistance, including access to such premises, equipment and records as the person may require for the purposes of the review.

(4) A copy of the report shall be submitted to the members of the Board within 21 days of the Minister’s receipt of the report.

(5) Whenever the Minister removes all the members of a Board from office the Minister shall appoint persons of such experience or expertise to the Board as, in the Minister’s opinion, the Board may require.

(6) A Board appointed under subsection (5) shall at the first meeting of the Board after such appointment—

(a) elect a member to be nominated to the Minister for appointment as chairperson of the Board, and where the Minister approves of the nomination, the member shall be appointed as chairperson for a term of 5 years, and

(b) select by lot to be drawn in such manner as the Board may determine 5 ordinary members who shall hold office for a term of 5 years and 6 ordinary members who shall hold office for a term 3 years.