Mental Health Act 20266

Membership of Board

102. (1) The Board shall consist of the following members—

(a) a chairperson,

(b) a deputy chairperson, and

(c) 9 ordinary members.

(2) The members of the Board shall be appointed by the Minister from among persons who, in the opinion of the Minister, have sufficient experience and expertise relating to—

(a) matters connected with the functions of the Commission to enable them to make a substantial contribution to the effective and efficient performance of those functions, or

(b) matters connected to the provision of mental health services, psychiatry, law, advocacy, capacity and assisted decision-making, organisational and financial governance, management, public administration or risk management.

(3) The Minister shall, in so far as practicable, endeavour to ensure that among the members of the Board there is an equitable balance between men and women.

(4) The chairperson shall hold office for such period, not exceeding 5 years, from the date of his or her appointment as the Minister shall determine.

(5) The deputy chairperson shall hold office for such period, not exceeding 5 years, from the date of his or her appointment as the Minister shall determine.

(6) Of the ordinary members of the Board appointed under this section—

(a) 5 members shall hold office for a period not exceeding 3 years from the date of his or her appointment, and

(b) 4 members shall hold office for a period not exceeding 5 years from the date of his or her appointment.

(7) Subject to subsection (8), a member of the Board whose term of office expires by the efflux of time shall be eligible for reappointment to the Board.

(8) A person who is reappointed to the Board in accordance with subsection (7) shall not hold office for periods the aggregate of which exceeds 8 years.

(9) A member of the Board may resign from the Board by giving notice in writing to the Minister of his or her resignation and the resignation shall take effect on the date specified in the notice, or the date on which the Minister receives the notice, whichever is the later.

(10) Subject to subsection (11), the persons who held office as members of the Commission immediately before the commencement of section 99 , shall cease to hold office upon such commencement but may be eligible to be appointed as members of the Board for a term not exceeding 3 years.

(11) A person referred to in subsection (10) who is appointed as a member of the Board shall not hold office as such a member for more than one term and, in any event, may not serve as such a member and as a member of the Commission for a cumulative period of more than 8 years.