Mental Health Act 20266

Meetings and procedures of Board

106. (1) The Board shall hold such and so many meetings as may be necessary for the due fulfilment of its functions.

(2) At a meeting of the Board—

(a) the chairperson of the Board shall, if present, be the chairperson of the meeting,

(b) if and so long as the chairperson of the Board is not present or if that office is vacant, the deputy chairperson shall, if present, be the chairperson of the meeting, or

(c) if and so long as neither the chairperson nor the deputy chairperson of the Board is present, or if the offices of the chairperson and deputy chairperson are vacant, the other members of the Board who are present shall choose one of their number to be the chairperson of the meeting.

(3) Every question at a meeting on which a vote is required shall be determined by a majority of the votes of the members of the Board present and voting on the question.

(4) Subject to subsection (5), the Board may act notwithstanding one or more vacancies among its members.

(5) The quorum for a meeting of the Board shall, unless the Minister otherwise directs, be 6.

(6) The Board shall, subject to the provisions of this Act, be independent in the performance of its functions and may, subject to those provisions, regulate its own procedure.

(7) The Board may hold or continue a meeting by the use of any means of communication by which all the members are facilitated to hear and be heard at the same time (in this section referred to as an “electronic meeting”).

(8) A member of the Board who participates in an electronic meeting is taken for all purposes to be present at the meeting.