100Termination of appointments in certain cases of serious sex or violence offences

100 Termination of appointments in certain cases of serious sex or violence offences

100 Termination of appointments in certain cases of serious sex or violence offences

(1) Chief executive to notify Health Secretary of certain matters The chief executive of a public health organisation must notify the Health Secretary of the following matters—

(a) that a visiting practitioner of the organisation has been convicted (whether before or during the term of his or her appointment as a visiting practitioner) of a serious sex or violence offence,

(b) whether or not the public health organisation proposes to terminate the appointment of the visiting practitioner and the reasons why it intends to terminate or not to terminate the appointment,

(c) any written submissions made to the chief executive under subsection (3) concerning the conviction.

(2) When chief executive to notify The chief executive is to notify the Health Secretary under subsection (1) within 30 days (or such further period as may be agreed to by the Health Secretary) of becoming aware of the visiting practitioner’s conviction.

(3) Chief executive to afford practitioner opportunity to make submissions Before notifying the Health Secretary under subsection (1), the chief executive is to afford the visiting practitioner concerned a reasonable opportunity to make written submissions concerning any matter relevant to the conviction that the visiting practitioner wishes to have considered in determining whether or not to terminate the practitioner’s appointment.

(4) Powers of Health Secretary on being notified On being notified of the matters referred to in subsection (1), the Health Secretary may—

(a) confirm the proposed termination or retention of the visiting practitioner, or

(b) refuse to confirm the proposed termination or proposed retention of the visiting practitioner and direct the public health organisation not to terminate or to terminate the appointment (as the case may be).

(5) When public health organisation may terminate appointment on its own initiative A public health organisation may terminate the appointment of a visiting practitioner who has been convicted (whether before or during the term of his or her appointment as a visiting practitioner) of a serious sex or violence offence, but only if—