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HOSPITAL AND HEALTH BOARDS REGULATION 2023 - REG 12
Effect of movement of health service chief executives
12 Effect of movement of health service chief executives
(1) If a health service chief executive is moved under section 8 , the
movement has effect unless the health service chief executive establishes
reasonable grounds for refusing the movement to the satisfaction of the
following— (a) if the movement is by agreement under section 8 (2) —the
chair of the board of the Service from which the health service chief
executive is moved;
(b) if the movement is by written direction under
section 8 (3) —the Minister.
(2) A health service chief executive must be
given a reasonable time to establish reasonable grounds for refusing the
movement.
(3) Subsection (4) applies if the health service chief executive
refuses the movement after failing to establish reasonable grounds for
refusing the movement.
(4) The chair of the board for the Service from which
the health service chief executive is moved— (a) if the movement is by
agreement under section 8 (2) —may end the health service chief
executive’s employment by signed notice given to the health service chief
executive; or
(b) if the movement is by written direction under section 8 (3)
—must end the health service chief executive’s employment by signed notice
given to the health service chief executive.
(5) If the health service chief
executive establishes reasonable grounds for refusing the movement— (a) the
movement is cancelled; and
(b) the refusal must not be used to prejudice the
health service chief executive’s prospects for future promotion or
advancement.
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