Page:Healthcare Services Act 2020.pdf/29

Rh PART 3 SPECIAL DUTIES OF LICENSEES Key appointment holders

23.—(1) Every licensee must ensure that—
 * (a) every key appointment holder of the licensee is in the opinion of the Director a suitable person to act in that capacity in relation to the licensee; and
 * (b) the composition of the key appointment holders satisfies the skills and competencies requirements prescribed or as specified in any code of practice if not prescribed.

(2) Where the Director is satisfied that a key appointment holder of a licensee—
 * (a) is not a suitable person to act in that capacity in relation to the licensee; or
 * (b) does not possess any of the skills or competencies in subsection (1)(b), resulting in a contravention by the licensee of subsection (1)(b),

the Director may, without affecting the Director’s power under section 20, issue a direction to the licensee to remove, within the period that the direction may specify, that key appointment holder from his or her appointment, and the licensee must comply with the direction, despite any other written law.

(3) Every licensee must, within the prescribed period, notify the Director of—
 * (a) the appointment of every key appointment holder of the licensee; and
 * (b) any change in any key appointment holder of the licensee.

(4) A notification under subsection (3) must be made in the form and manner that the Director requires.