Section 14 of the NIHR Act provides that the Institute is composed of a minimum of nine and a maximum of twelve members, including a chair and two assistant chairs. Alternate members may also be appointed. Following the recommendations of the Sorgdrager Committee in 2024, the NIHR adopted internal regulations reducing the Board to only 5 members. The current composition of the governing body constitutes a material non-compliance with the requirements of the NIHR Act. 

The SCA highlights that the Paris Principles are clear on the requirement that the constitutional or legislative text set out the National Institution’s mandate as well as the composition of its leadership body. 

The SCA notes that while transitional measures may be adopted in exceptional circumstances, deviation from the enabling legislation is not encouraged and should be addressed through timely legislative amendment to ensure full compliance with the legal framework. 

The SCA recommends that the NIHR take the necessary measures to ensure that the composition of its governing body is fully in accordance with the requirements set out in the NIHR Act. 

The SCA refers to Paris Principle A.2 and to its General Observation 1.1 on ‘The establishment of NHRIs’.