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The National Assembly for Wales, in exercise of the powers conferred by section 16BC(2) and (3) of, and paragraphs 6(1) and (2) of Schedule 5B to the National Health Service Act 1977[1] which are exercisable by the National Assembly[2] in relation to Wales, makes the following Regulations - Citation, commencement and application 1. 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. Interpretation 2. The following words and phrases shall bear the following meanings -
Membership of Local Health Boards 3. - (1) A Board shall be comprised of the members described in this Regulation.. (2) The officer members shall be -
(b) the medical officer; (c) the finance officer; and (d) the nurse officer.
(3) The non-officer members shall be -
(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.
(4) In addition to the number of members referred to in paragraph (1) above, the Board may from time to time appoint such co-opted members as appear to it to be necessary or expedient for the performance by the Board of its functions.
(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.
(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.
(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.
(b) if it comes to the notice of the Board that at the time of appointment the person was so ineligible, the Board shall forthwith notify the person and the Assembly in writing of such ineligibility,
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.
(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. Appointment of vice-chair 10. - (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 -
(b) In any other case, the date on which the notice is received by the chair.
Powers of vice-chair
(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.
(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,
consisting wholly or partly of the members of the Board or other health service bodies or of persons who are not members of the Board or other health service bodies.
(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.
(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.
(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 -
(b) if the share capital is of more than one class, the total nominal value of shares of any one class in which in which that member has a beneficial interest does not exceed one hundredth of the total issued share capital of that class,
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.
(b) rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
Arrangements by Boards for the exercise of their functions
(b) by a Special Health Authority; (c) jointly with any one or more of the following -
(ii) NHS trusts; (iii) Strategic Health Authorities in England; (iv) Primary Care Trusts in England; or
(d) on behalf of the Board by a committee, sub-committee or officer of the Board.
(2) Subject to any directions given by the Assembly, any function which is exercisable by a Board jointly with one or more of the bodies listed in paragraph (1)(c) may by arrangement with such body or bodies be exercised on their joint behalf by a joint committee or sub-committee. (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 -
(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.
(1) Subject to paragraph (4), (5) and (7), a person shall not be eligible for appointment as a member if that person -
(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.
(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.
(5) Subject to paragraph (6), where a person is ineligible by reason of paragraph (1) (c), that person may, after the expiry of two years from the date of dismissal, apply in writing to the Assembly to remove the ineligibility, and the Assembly may direct that the ineligibility shall cease. Medical officer (8) To be eligible for appointment as the medical officer, a person must be a member of a healthcare profession who is included on the appropriate register maintained by the professional body responsible for registering members of that person's profession. Nurse officer (9) To be eligible for appointment as the nurse officer, a person must be included on the register maintained by the Nurses and Midwives Council. General medical practitioner members (10) To be eligible for appointment as a general medical practitioner member, a person must fulfil the requirements of paragraph (18) and must be a general medical practitioner who is included in the register of general medical practitioners maintained by the General Medical Council, or have retired from such register during the period of twelve months immediately preceding the date upon which that person's application is submitted to the Board. Dental Practitioner member (11) To be eligible for appointment as the dental practitioner member, a person must satisfy the requirements of paragraph (18) and must be included on the register maintained by the General Dental Council, or have retired from such register during the period of twelve months immediately preceding the date upon which that person's application is submitted to the Board. Nursing midwifery and health visiting member (12) To be eligible for appointment as the nursing midwifery and health visiting member, a person must satisfy the requirements of paragraph (18) and must be included on the register maintained by the Nurses and Midwives Council, or have retired from such register during the period of twelve months immediately preceding the date upon which that person's application is submitted to the Board. Optometrist member (13) To be eligible for appointment as the optometrist member, a person must satisfy the requirements of paragraph (18) and must be included on the register maintained by the General Optical Council or have retired from such register during the period of twelve months immediately preceding the date upon which that person's application is submitted to the Board. Pharmacy member (14) To be eligible for appointment as the pharmacy member, a person must satisfy the requirements of paragraph (18) and must be included on the register maintained by the Royal Pharmaceutical Society of Great Britain or have retired from such register during the period of twelve months immediately preceding the date upon which that person's application is submitted to the Board. Therapy member (15) To be eligible for appointment as the therapy member, a person must -
(b) must be a member of one of the following professions -
Drama Therapists Music Therapists Chiropodists/Podiatrists Dieticians Occupational Therapists Orthoptists Physiotherapists Speech & Language Therapists,
or have retired from practising in such a profession during the period of twelve months immediately preceding the date upon which that person's application is submitted to the Board.
Public health specialist
(b) one must be the chair, a member or officer of an NHS Trust Board; (c) one must be a consultant medical practitioner employed by an NHS Trust or other health service body; and (d) one must be a full-time official or a local accredited representative of a trade union which is affiliated to the Trades Union Congress and which represents persons employed in the health service in Wales.
General requirement for professional members
(b) dental practitioner member; (c) pharmacist member; (d) optometrist member; (e) nursing midwifery and health visiting member; or (f) therapy member,
a person must have been concerned in the provision of care to members of the public in the Board's area for an average of at least one day per week, or have retired from doing so, during the period of twelve months immediately preceding the date of that person's application. 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 -
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. (This note is not part of the Regulations) The strategy document "Improving Health in Wales", published by the National Assembly for Wales in February 2001, signalled the intention to abolish the existing five Health Authorities in Wales on 31st March 2003 and to create Local Health Boards ("LHBs") to which the National Assembly may delegate the functions of Health Authorities and other functions of the National Assembly relating to the health service. LHBs are to be established on by the Local Health Boards (Establishment) (Wales) Order 2003 (S.I. 2003/148, W.18) and will commence operating on 1st April 2003. Their functions are set out in the Local Health Boards (Functions) (Wales) Regulations 2003 (S.I. 2003/150, W.20). These Regulations make provision for the constitution and membership of LHBs, including their procedures and administrative arrangements. Notes: [1] 1977 c.49.back [2] Functions under section 16BC and Schedule 5B of the National Health Service Act 1977 are vested directly in the Assembly.back [3] S.I. 2003 No.148. W. 18.back [7] Copies of this document may be obtained by writing to the NHS (Human Resources) Division, the National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ.back [8] Copies of this document may be obtained by writing to the NHS (Human Resources) Division, the National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ.back
ISBN 0 11090663 2
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