sec.46Variation of appointment

### sec.46 Variation of appointment After an interim manager starts to carry out the manager’s function, the chief executive may, by notice— extend the period of the appointment; or vary the appointment in another way. The chief executive may extend the period of the appointment if the chief executive is satisfied the extension is reasonably necessary in all the circumstances. The period of the appointment may be extended more than once. However— the period of an extension must not be more than 3 months; and the total period of the initial appointment and any extension or extensions must not be more than 6 months. The chief executive may vary the appointment in a way other than by extending the period of the appointment if the chief executive is satisfied the variation is appropriate, having regard to— the matters stated in section 41 ; and the operation of the business of the funded ancillary provider since the appointment started. If the appointment is varied under this section, the chief executive must ensure notice of the variation is given— to the funded ancillary provider; and if the manager exercises a power under this part in relation to a relevant agreement during the period of an extension or after the appointment is otherwise varied—to the tenant. The notice under subsection (6) (b) must be given to the tenant at or before the time the manager exercises the power. s 46 amd 2013 No. 5 s 31 (sec.46-ssec.1) After an interim manager starts to carry out the manager’s function, the chief executive may, by notice— extend the period of the appointment; or vary the appointment in another way. (sec.46-ssec.2) The chief executive may extend the period of the appointment if the chief executive is satisfied the extension is reasonably necessary in all the circumstances. (sec.46-ssec.3) The period of the appointment may be extended more than once. (sec.46-ssec.4) However— the period of an extension must not be more than 3 months; and the total period of the initial appointment and any extension or extensions must not be more than 6 months. (sec.46-ssec.5) The chief executive may vary the appointment in a way other than by extending the period of the appointment if the chief executive is satisfied the variation is appropriate, having regard to— the matters stated in section 41 ; and the operation of the business of the funded ancillary provider since the appointment started. (sec.46-ssec.6) If the appointment is varied under this section, the chief executive must ensure notice of the variation is given— to the funded ancillary provider; and if the manager exercises a power under this part in relation to a relevant agreement during the period of an extension or after the appointment is otherwise varied—to the tenant. (sec.46-ssec.7) The notice under subsection (6) (b) must be given to the tenant at or before the time the manager exercises the power. - (a) extend the period of the appointment; or - (b) vary the appointment in another way. - (a) the period of an extension must not be more than 3 months; and - (b) the total period of the initial appointment and any extension or extensions must not be more than 6 months. - (a) the matters stated in section 41 ; and - (b) the operation of the business of the funded ancillary provider since the appointment started. - (a) to the funded ancillary provider; and - (b) if the manager exercises a power under this part in relation to a relevant agreement during the period of an extension or after the appointment is otherwise varied—to the tenant.