Regulations regarding suspension and dismissal of non-executive directors are in force: DH is now consulting on “Phase two” proposals

The Primary Care Trusts and National Health Service Trusts (membership and procedure) Amendment Regulations 2008 came into force on 16 June.

The purpose of these amendment regulations is to enable the Secretary of State in England to suspend the chairman or non officer members of a Primary Care Trust (“PCT”) and the chairman or non-executive directors of a National Health Service trust (“NHS trust”). The regulations also provide for:
– how a suspension should be notified,
– the period of suspension,
– reviewing, revoking and extending a suspension, and
– amending the number, or maximum number, of members of PCTs and NHS trusts where a member has been suspended

An explanatory memorandum to the new regulations can be downloaded here.

In addition, a useful article providing further explanation on the new regulations was published in the Health Service Journal on 8 August 2008. The article, written by Mark Leach, a partner in the employment team of Weightmans Solicitors, can be viewed here.

The Department of Health is now consulting on proposals for “Phase two” of its introduction of new powers of suspension. The new proposals aim to extend powers of suspension to chairs and non-executive members of SHAs, SpHAs and other Health Bodies. The deadline for consultation feedback is 9 October 2008. For durther information, click here.

Related link here.

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