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MENTAL CAPACITY
33


(11) Where any information disclosed to the Public Guardian under this Act is so disclosed subject to any express restriction on the disclosure of the information by the Public Guardian, the Public Guardian’s power of disclosure under subsection (10) shall, in relation to the information, be exercisable by him subject to any such restriction.

Public Guardian Board

33.—(1) There shall be a body to be known as the Public Guardian Board (referred to in this section as the Board).

(2) The Board’s duty is to scrutinise and review the way in which the Public Guardian discharges his functions and to make such recommendations to the Minister about that matter as it thinks appropriate.

(3) The Minister must, in discharging his functions under sections 30 and 31, give due consideration to recommendations made by the Board.

(4) The members of the Board are to be appointed by the Minister.

(5) The Board shall have—

(a) at least one member who is a District Judge; and
(b) at least 4 members who are persons appearing to the Minister to have appropriate knowledge or experience of the work of the Public Guardian.

(6) The Minister may, by regulations, make provision as to—

(a) the appointment of members of the Board (and, in particular, the procedures to be followed in connection with appointments);
(b) the selection of one of the members to be the chairman;
(c) the term of office of the chairman and members;
(d) their resignation, suspension or removal;
(e) the procedure of the Board (including quorum);
(f) the validation of proceedings in the event of a vacancy among the members or a defect in the appointment of a member.

(7) Subject to any regulation made under subsection (6)(c) or (d), a person is to hold and vacate office as a member of the Board in accordance with the terms of the instrument appointing him.