Contents
- Part I Membership
- 1 Citation, commencement and application
- Part II Proceedings and administrative arrangements of Boards
- 2 Interpretation
- Schedule 1 Procedures for appointment of officer and non-officer members
- Schedule 2 Eligibility requirements for members
- Schedule 3 Rules as to meetings and proceedings of Boards
Part I · Membership
3Membership of Local Health Boards#
(1)A Board shall be comprised of the members described in this Regulation..
(2)The officer members shall be —
(a)the chief officer;
(b)the medical officer;
(c)the finance officer; and
(d)the nurse officer.
(3)The non-officer members shall be —
(a)the chair;
(b)the vice-chair;
(c)up to four local authority members, a minimum of one of whom must be an elected member of the council of that local authority, and one of whom must be a senior social services officer of that local authority;
(d)a public health specialist;
(e)up to three general medical practitioner members;
(f)a pharmacist member;
(g)a dental practitioner member;
(h)an optometrist member;
(i)a nursing, midwifery or health visiting member;
(j)a therapy member;
(k)up to two voluntary sector members;
(l)up to two community lay members, one of whom shall be a carer; and
(m)four associate members.
4Appointment of Local Health Board members#
(1)This regulation does not apply to the appointment of the first members.
(5)The person or persons responsible for making any appointment under paragraph (3) shall, before making any such appointment, ensure that the provisions of Schedule 1 to these Regulations are complied with, and shall have regard to any guidance issued by the Assembly from time to time concerning appointments.
5Transitional arrangements for the appointment of the first members of a Local Health Board#
(1)This regulation applies to the appointment of the first members of a Board only.
(4)The first members of a Board (other than the chair, vice-chair or chief officer) shall be those persons identified by the Assembly to hold the posts of members at the date when these Regulations come into force.
8Termination of appointment and suspension of officer members#
(1)If the chair and non-officer members are of the opinion that it is not in the interests of the Board that a person who is an officer member should continue to hold office as such a member, they may immediately terminate that person’s tenure of office.
(2)If the officer members (other than an officer member who is the subject of a notification to the chair under this paragraph) notify the chair that they are of the opinion that a person who is an officer member should not continue to hold office as such a member, the chair and non-officer members of the Board may terminate that person’s tenure of office if they are of the opinion that it is not in the interests of the Board for that person to continue to hold office.
(3)Where under paragraph (2) the chair and non-officer members terminate the tenure of office of an officer member or determine that such a person should continue to hold office, they shall forthwith notify the Assembly in writing, stating the reasons for their decision.
(4)Where a person has been appointed to be an officer member —
(a)if it comes to the notice of the chair and the non-officer members that the person has become ineligible for appointment under Schedule 2 to these Regulations, they shall forthwith notify the person and the Assembly in writing of such ineligibility; or
(b)if it comes to the notice of the chair and the non-officer members that at the time of appointment the person was so ineligible, they shall forthwith notify the person and the Assembly in writing of their view that the person was not duly appointed;
and, following such notification, the chair and the non-officer members may terminate the person’s tenure of office and that person shall cease to act as an officer member.
(5)If it appears to the chair and the non-officer members that an officer member has failed to comply with regulation 15, they may terminate that person’s tenure of office and that person shall cease to act as an officer member.
(6)If a person who is an officer member has failed to attend a meeting of the Board for a period of three months, the chair and non-officer members shall terminate that person’s tenure of office unless they are satisfied that —
(a)the absence was due to a reasonable cause; and
(b)the person will be able to attend such meetings within such period as the chair and non-officer members consider reasonable.
(7)Before making their final decision upon whether to terminate the tenure of office of an officer member, the chair and the non-officer members may, if they consider it appropriate to do so, suspend the tenure of office of an officer member for such period as they consider reasonable before making their final decision.
(8)If the chair and non-officer members decide to suspend the tenure of office of an officer member, they shall immediately notify the Assembly in writing, stating the reasons for their decision.
(9)An officer member whose tenure of office is suspended shall also be suspended from performing the functions of a member, and an officer member whose tenure of office is terminated shall cease to be a member.
9Termination of appointment and suspension of non-officer members#
(1)If the Board determines that —
(a)it is not in the interests of the health service in the area for which a Board acts; or
(b)it is not conducive to the good management of a Board,
for a person who has been appointed as a non-officer member of that Board to continue to hold that office, the Board may, with the Assembly’s prior consent, forthwith terminate that person’s membership.
(2)Where a person has been appointed to be a non-officer member —
the Board may, with the Assembly’s prior consent, forthwith terminate that person’s membership and that person shall cease to act as the chair, vice-chair or other non-officer member.
(3)If it appears to the Board that a non-officer member has failed to comply with regulation 15, the Board may, with the Assembly’s prior consent, forthwith terminate that person’s membership.
(4)If a non-officer member has failed to attend a meeting of the Board for a period of three months, the Board shall terminate that person’s membership unless satisfied that —
(a)the absence was due to a reasonable cause; and
(b)the person will be able to attend such meetings within such period as the Board considers reasonable.
(5)Before making a final decision upon whether to terminate the membership of a non-officer member, the Board may, if they consider it appropriate to do so, suspend the tenure of office of a non-officer member for such period as they consider reasonable before making their final decision.
(6)If the Board decides to suspend the membership of a non-officer member, they shall immediately notify the Assembly in writing, stating the reasons for their decision.
(7)A non-officer member whose membership is suspended shall be suspended from performing the functions of a member.
1Citation, commencement and application#
These Regulations may be cited as the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2003 and shall come into force on 10th February 2003.
Part II · Proceedings and administrative arrangements of Boards
10Appointment of vice-chair#
(1)If no vice-chair has been appointed by the Assembly, then subject to paragraph (2), the chair and non-officer members of a Board may appoint one of their number, who is not an officer member of the Board, to be vice-chair for such period, not exceeding the remainder of his term as a member of the Board, as they may specify.
(2)Any member so appointed may at any time resign from the office of vice-chair by giving notice in writing to the chair.
(3)The date on which a resignation by notice given pursuant to paragraph (2) shall take effect shall be —
(a)where a date is specified in the notice as being that on which the resignation is to take effect, that date; and
(b)In any other case, the date on which the notice is received by the chair.
11Powers of vice-chair#
Where —
(b)the chair of the Board has died or has ceased to hold office, or is unable to perform the duties of chair owing to illness, absence from England and Wales or any other cause,
the vice chair shall act as chair until a new chair is appointed or the existing chair resumes the duties of chair, as the case may be; and references to the chair in Schedule 3 shall, so long as there is no chair able to perform the duties of chair, be taken to include references to the vice-chair.
12Appointment of committees and sub-committees#
Subject to such directions as may be given by the Assembly, a Board may and, if directed by the Assembly, shall —
(a)appoint committees of the Board, or
(b)together with one or more Boards or NHS Trusts or the local authority for the Board’s area, appoint joint committees or sub-committees,
13Meetings and proceedings#
(1)The meetings and proceedings of a Board shall be conducted in accordance with the rules set out in Schedule 3 and with Standing Orders made under paragraph (2).
(a)on its own, or
(b)in the case of a committee or sub-committee of the Board, by such committee or sub-committee, or
(c)in the case of a committee or sub-committee established jointly with other Boards, NHS Trusts or the local authority for the Board’s area, jointly with such other Boards, NHS Trusts or local authority,
make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of a committee or sub-committee but, subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
14Associate and co-opted members#
Associate members and co-opted members may not vote in any meetings or proceedings of a Board.
15Disability of members on account of pecuniary interest#
(1) Subject to the following provisions of this regulation, if a member of a Board has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of consideration, that member shall at the meeting and as soon as practicable after its commencement disclose the fact and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
(4)Any remuneration, compensation or allowances payable to a member by virtue of paragraph 12 of Schedule 4 to the 1977 Act shall not be treated as a pecuniary interest for the purpose of this regulation.
(5)Subject to paragraphs (2) and (6), a member shall be treated for the purposes of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if such member, or any nominee of such member —
(a)is a director or other officer of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the matter under consideration; or
(b)is a person with whom the contract was made or is proposed to be made, or who has a direct pecuniary interest in the matter under consideration, or is a partner of, or is in the employment of, such a person;
and in the case of persons who are married to each other or who are living together as spouses (whether of different sexes or not), the interest of one such person shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
(6)A member shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
(a)of such member’s membership of a company or other body if such member has no beneficial interest in any securities of that company or body; or
(b)of an interest in any company, body or person with which such member is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of or in voting on, any question with respect to that contract, proposed contract or matter.
(7)Where a member has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and —
(a)the total nominal value of those securities does not exceed £5,000 or one hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and
this regulation shall not prohibit that member from taking part in the consideration or discussion of the contract, proposed contract or other matter or from voting on any question with respect to it.
(8)Paragraph (7) does not affect a member’s duty to disclose an interest under paragraph (1).
(9)This regulation applies in relation to a committee or sub-committee and to a joint committee or sub-committee as it applies in relation to a Board, and applies to a member of any such committee, sub-committee or joint committee or sub-committee (whether or not such person is also a member of a Board) as it applies to a member of a Board.
(10)In this regulation —• “public body” (“corff cyhoeddus”) includes any body established for the purpose of carrying on, under national ownership, any industry or part of any industry or undertaking, the governing body of any university, university college or college, school or hall of a university and the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907;• “securities” (“gwarannau”) means —(a) shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or debentures; or(b) rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;• “shares” (“cyfranddaliadau”) means shares in the share capital of a company or other body or the stock of a company or other body.
16Arrangements by Boards for the exercise of their functions#
(1)Subject to any directions given by the Assembly, any function exercisable by a Board may by arrangement with that Board, and subject to such restrictions and conditions as the Board may think fit, be exercised —
(a)by another Board;
(b)by a Special Health Authority;
(c)jointly with any one or more of the following —
(i)local authorities;
(ii)NHS trusts;
(iii)Strategic Health Authorities in England;
(iv)Primary Care Trusts in England; or
2Interpretation#
The following words and phrases shall bear the following meanings —• “1977 Act” (“Deddf 1977”) means the National Health Service Act 1977;• “Assembly” (“Cynulliad”) means the National Assembly for Wales;• “Board” (“Bwrdd”) means a Local Health Board;• “Board’s area” (“ardal y Bwrdd”) (means the area for which a Board is established as set out in the Local Health Boards (Establishment) (Wales) Order 2003 , as such area may be varied from time to time;• “carer” (“gofalwr”) means a person aged 16 or over who provides or has provided a substantial amount of care on a regular basis for another person, other than by virtue of a contract of employment or other contract with any person, or as a volunteer for a voluntary organisation;• “Community Health Council” (“Cyngor Iechyd Cymuned”) means a Community Health Council established in Wales pursuant to section 20 of the National Health Service Act 1977;• “first members” (“aelodau cyntaf”) means those persons who are the first to be appointed as members of a Board immediately following its establishment;• “general medical practitioner” (“ymarferydd meddygol cyffredinol”) means a medical practitioner who provides general medical services under Part II of the 1977 Act or personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997;• “health care profession” (“proffesiwn gofal iechyd”) shall have the meaning given in section 25(12) of the National Health Service Reform and Healthcare Professions Act 2002;• “health service body” (“corff gwasanaeth iechyd”) means a Health Authority, Special Health Authority, Strategic Health Authority, Local Health Board, NHS Trust or Primary Care Trust;• “local authority” (“awdurdod lleol”) means a county or county borough council in Wales;• “local authority member” (“aelod awdurdod lleol”) means a member of a Board who is nominated by the local authority for that Board’s area;• “member” (“aelod”) includes the chair and vice-chair, officer and non-officer members, associate members and co-opted members of a Board;• “officer member” (“aelod sy'n swyddog”) means a member who is the holder of any office set out in regulation 3(3);• “non-officer member” (“aelod nad yw'n swyddog”) means a member of a Board who does not hold any office set out in regulation 3(3); and• “shadow member” (“aelod cysgodol”) means a person identified to be one of the first members of a Board as at the date of the coming into force of these Regulations.
Schedule 1 · Procedures for appointment of officer and non-officer members
(1)This Schedule applies to the selection and appointment of all members of the Board except the chair and vice-chair, co-opted members and the first members.
(2)The Board shall ensure that appropriate arrangements are in place for the selection and appointment of persons as members and that those arrangements take into account —
(a)the principles from time to time laid down by the Commissioner for Public Appointments and in the Assembly’s Code of Practice for Ministerial Appointments to Public Bodies;
(b)the requirement that the selection and appointment of members be open and transparent;
(c)the requirement of fair and open competition in the selection and appointment of members; and
(d)the need to ensure that successful candidates meet the eligibility requirements set out in Schedule 2 and that they meet the selection criteria and standards of competence applied by the Board.
Schedule 2 · Eligibility requirements for members
Part I · General requirements
(1)Subject to paragraph (4), (5) and (7), a person shall not be eligible for appointment as a member if that person —
(a)has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has received a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
(b)has been adjudged bankrupt or has made a composition or arrangement with creditors;
(c)has been dismissed, other than by reason of redundancy, from any paid employment with a health service body;
(d)has had his or her membership as chair, member or director of a health service body terminated, other than by reason of redundancy, voluntary resignation, reorganisation of the health service body, or expiry of the period of office for which that person was appointed;
(e)(except in the case of an associate member) is a chair or a director of an NHS Trust.
(2)For the purposes of paragraph (1) (a) the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
(3)For the purposes of paragraph (1) (c), a person shall not be treated as having been in paid employment by reason only of having held the position of chair, member or director of a health service body.
(4) Where a person is ineligible by reason of paragraph (1) (b) —
(a) if the bankruptcy is annulled on the ground that the person ought not to have been adjudged bankrupt or on the ground that the person’s debts have been paid in full, that person shall become eligible for appointment as a member on the date of the annulment;
(b)if the person is discharged from bankruptcy, that person shall become eligible for appointment as a member on the date of the discharge;
(c)if, having made a composition or arrangement with creditors, the person’s debts are paid in full, that person shall become eligible for appointment as a member on the date upon which such debts are paid in full; and
(d)if, having made a composition or arrangement with creditors, that person shall become eligible for appointment as a member on the expiry of five years from the date on which the terms of the deed of composition or arrangement were fulfilled.
(6)Where the Assembly refuses an application to remove an ineligibility, no further application may be made by that person until the expiry of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
(7)Where a person is ineligible by reason of paragraph (1) (d), that person shall become eligible for appointment as a member on the expiry of two years from the date of termination of membership or such longer period as may have been specified by the authority which terminated the membership, but the Assembly may, on application being made in writing to it by that person, reduce the period of ineligibility.
Part II · Eligibility requirements for specific categories of member
Schedule 3 · Rules as to meetings and proceedings of Boards
(1)The first meeting of a Board shall be held on such day and at such place as may be fixed by the chair and the chair shall be responsible for convening the meeting.
(2)
(1)The chair may call a meeting of the Board at any time.
(2)If the chair refuses to call a meeting after a requisition for that purpose, signed by at least one third of the members, has been presented to him, or if, without so refusing, the chair does not call a meeting within seven days after such requisition has been presented to him, such one third or more members may forthwith call a meeting.
(3)Before each meeting of a Board, a notice of the meeting, specifying the business proposed to be transacted at it, and signed by the chair or by an officer of the Board authorised by the chair to sign on his behalf shall be delivered to every member, or sent by post to the usual place of residence of such member, so as to be available to such member at least three clear days before the meeting.
(4)Want of service of the notice on any member shall not affect the validity of a meeting.
(5)In the case of a meeting called by members in default of the chair, the notice shall be signed by those members and no business shall be transacted at the meeting other than that specified in the notice.
(3)
(1)At any meeting of the Board the chair, if present, shall preside.
(2)If the chair is absent from the meeting, the vice-chair, if one has been appointed and is present, shall preside.
(3)If the chair and vice-chair are absent, such non-officer member as the members present shall choose shall preside.
(4)Every question at a meeting shall be determined by a majority of the votes of the members present and voting on the question and, in the case of any equality of votes, the person presiding shall have a second and casting vote.
(5)The names of the chair and members present at the meeting shall be recorded.
(6)Subject to paragraph 7, no business shall be transacted at a meeting unless —
(a)—the number present is not less than one third of the whole membership of the Board; and
(b)those present include at least one officer member and one non-officer member.
(7)The minutes of the proceedings of a meeting shall be drawn up and submitted for agreement at the next meeting of the Board where, if agreed, they shall be signed by the person presiding.
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