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The Human Medicines Regulations 2012

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Regulation 16

SCHEDULE 2U.K.Supplementary provision relating to advisory bodies and expert advisory groups

This schedule has no associated Explanatory Memorandum

Terms of appointmentU.K.

1.—(1) The person appointed to chair an advisory body is to hold and vacate office in accordance with the written terms of the appointment (but this is subject to sub-paragraphs (2) and (3)).U.K.

(2) The person's term of office as chair of the advisory body is not to exceed the person's term of office as a member of the body.

(3) The person may resign from chairing the advisory body at any time by notice in writing to the Ministers.

2.—(1) A member of an advisory body, other than its chair, is to hold and vacate office in accordance with the written terms of the appointment (but this is subject to sub-paragraphs (2) and (3)).U.K.

(2) The term of an appointment may not exceed four years (but an appointment may be renewed).

(3) A member of an advisory body may resign from it at any time by notice in writing to the Ministers.

(4) Where a person ceases to be a member of an advisory body, the person also ceases to be a member of any expert advisory group appointed by the advisory body (including an expert advisory group appointed jointly with the other advisory body).

(5) But sub-paragraph (4) does not apply if—

(a)the person was a member of the advisory body only by virtue of being co-opted under regulation 13; or

(b)the person is immediately re-appointed to the advisory body.

3.—(1) The person appointed to chair an expert advisory group is to hold and vacate office in accordance with the written terms of the appointment (but this is subject to sub-paragraphs (2) and (3)).U.K.

(2) The person's term of office as chair of the expert advisory group is not to exceed the person's term of office as a member of the group.

(3) The person may resign from chairing the group at any time by notice in writing to the advisory body or bodies which appointed the group.

4.—(1) This paragraph applies to a member of an expert advisory group, other than a person appointed to chair an expert advisory group.U.K.

(2) The member is to hold and vacate office in accordance with the written terms of the appointment (but this is subject to sub-paragraphs (3) and (4)).

(3) The term of an appointment may not exceed four years (but an appointment may be renewed).

(4) The member may resign office at any time by notice in writing to the advisory body or bodies which appointed the group.

Facilities and proceedingsU.K.

5.  The Ministers must provide each advisory body with such staff, accommodation, services and other facilities as the Ministers think necessary or expedient for the proper performance of its functions.U.K.

6.  The validity of any proceedings of an advisory body or expert advisory group is not affected by—U.K.

(a)a vacancy among its members; or

(b)a defect in the appointment of any member.

7.—(1) An advisory body may, subject to approval by the Secretary of State, make such provision as it thinks fit for the regulation of its own proceedings.U.K.

(2) The licensing authority may make provision for the regulation of the proceedings of an expert advisory group.

Payment and expensesU.K.

8.  The Ministers may pay to the members of each advisory body and expert advisory group such remuneration (if any) and such allowances as may be determined by the Ministers with the consent of the Treasury.U.K.

9.  The Ministers must defray any expenses incurred with their approval by each advisory body and expert advisory group.U.K.

10.  If an action is brought against a person arising out of an act performed as a member of an advisory body or expert advisory group, the Ministers may indemnify that person against any damages, costs or expenses incurred in that action.U.K.

11.  Paragraphs 8 to 10 shall have effect in relation to an expert committee appointed by the licensing authority and to its members as if they were an advisory body or expert advisory group and its members.U.K.

StatusU.K.

12.  An advisory body or expert advisory group is not to be regarded—U.K.

(a)as a servant or agent of the Crown; or

(b)as enjoying any status, immunity or privilege of the Crown.

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