Health Boards (Membership and Elections) (Scotland) Act 2009

JurisdictionScotland
Citation2009 asp 5


Health Boards (Membership and Elections) (Scotland) Act 2009

2009 asp 5

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 12th March 2009 and received Royal Assent on 22nd April 2009

An Act of the Scottish Parliament to make provision about the constitution of Health Boards; to provide for piloting of the election of certain members of Health Boards; to require the Scottish Ministers to report on those pilots; to confer a power to extend those elections to all Health Board areas following publication of that report; and for connected purposes.

Constitution of Health Boards

Constitution of Health Boards

S-1 Constitution of Health Boards

1 Constitution of Health Boards

(1) Schedule 1 (Health Boards) to the National Health Service (Scotland) Act 1978 (c. 29)

(the "1978 Act") is amended as follows.

(2) For paragraph 2 substitute—

‘2

(1) A Health Board is to consist of the following types of members—

(a) a chairman, and other members, appointed by the Scottish Ministers ("appointed members"),

(b) councillors appointed by the Scottish Ministers following nomination by local authorities in the area of the Health Board ("councillor members"), and

(c) individuals elected as members of the Health Board at an election held under Schedule 1A ("elected members").

(2) Regulations must, in relation to each Health Board, specify—

(a) the total number of members of the Board, and

(b) the number of each type of member.

(3) But—

(a) the total number of councillor members and elected members of a Board must amount to more than half the total number of members, and

(b) a Board must contain at least one councillor member for each local authority whose area is wholly or partly within the area of the Board.

(4) The conditions imposed by sub-paragraph (3) do not apply during any period when an elected member or, as the case may be, councillor member vacates office and the vacancy has not been filled.

’.

(3) In paragraph 2A, for ‘persons appointed under paragraph 2 above’ substitute ‘appointed members’.

(4) In paragraph 3—

(a) for ‘Appointments under paragraph 2 shall be made’ substitute ‘An appointed member may be appointed only’, and

(b) sub-paragraph (a) is omitted.

(5) After paragraph 3 insert—

‘3A A person appointed as chairman of a Health Board may not be an employee of that Health Board.

’.

(6) Before paragraph 11 insert—

‘10A

(1) An elected member holds office for a period beginning with the day after the day of the Health Board election at which the member was elected and ending on the day of the next following Health Board election in the Health Board area.

(2) An elected member vacates office on becoming—

(a) a member of the European Parliament,

(b) a member of the House of Commons,

(c) a member of the House of Lords,

(d) a member of the Scottish Parliament, or

(e) a local authority councillor.

(3) Regulations may specify further circumstances in which an elected member must vacate office before the end of that period and, in particular, may specify that an elected member is to vacate office on becoming the holder of a post set out in a list of restricted posts maintained by the Health Board concerned for that purpose.

’.

(7) In paragraph 11(a), for ‘chairman and members of Health Boards’ substitute ‘appointed members and councillor members (including provision specifying circumstances in which the Scottish Ministers may determine that such a member is to vacate office)’.

(8) In paragraph 12, after ‘appointment’ insert ‘or, as the case may be, election’.

Elected members of Health Boards

Elected members of Health Boards

S-2 Health Board elections

2 Health Board elections

(1) In section 2 of the 1978 Act (Health Boards), after subsection (10) insert—

‘(10A) Schedule 1A makes provision for the election of individuals to be members of Health Boards.

’.

(2) In section 105 of the 1978 Act (regulations etc.)—

(a) in subsection (2), for ‘(3) and’ substitute ‘(2A) to’, and

(b) after subsection (2) insert—

‘(2A) No regulations shall be made under paragraph 12(1) of Schedule 1A (Health Board elections) unless a draft has been laid before, and approved by resolution of, the Scottish Parliament.

’.

(3) After Schedule 1 to the 1978 Act insert—

SCHEDULE 1A

Health Board elections

1Health Board elections

An election held under this Schedule is known as a "Health Board election".

2Timing of Health Board elections

(1) A Health Board must hold the first Health Board election in the Health Board area on the day specified in election regulations.

(2) Election regulations may specify different days for the first election in different Health Board areas.

(3) A Health Board must hold subsequent Health Board elections on the first Thursday falling after the end of the period of 4 years beginning with the day of the previous election.

(4) But a Health Board election may be held in a Health Board area before the day specified in sub-paragraph (3) if the Scottish Ministers make an order under section 77 specifying the date of a Health Board election in that area.

3Electoral wards

(1) Each Health Board area is to be comprised of a single electoral ward unless election regulations specify that a Health Board area is to be divided into more than one ward.

(2)If regulations specify such a division they must also specify—

(a) the number of electoral wards in the Health Board area,

(b) the boundaries of those wards, and

(c) the number of elected members to be elected in each ward.

(3)Before regulations specifying such a division are made—

(a) the Scottish Ministers must consult the Local Government Boundary Commission for Scotland, and

(b) the Commission must give the Scottish Ministers advice about the boundaries of the electoral wards which the Health Board is to be divided into.

4Conduct of election

(1) Election regulations must appoint an individual as the returning officer for each ward in which a Health Board election is to be held.

(2)Election regulations may make provision about—

(a) the tenure and vacation of office of a returning officer,

(b) the functions of a returning officer,

(c) a returning officer's fees and expenses,

(d) any other matters relating to returning officers that the Scottish Ministers consider appropriate.

5

(1)The nomination of a candidate must be made—

(a) within the period specified in election regulations (the "nomination period"), and

(b) in accordance with any other requirement made in those regulations.

(2) A candidate may withdraw from a Health Board election at any time before the end of the nomination period.

6 If, at the end of the nomination period, the number of nominated candidates in an electoral ward is equal to or less than the number of elected members to be elected for that ward—

(a) the Health Board election is not to be held in the ward, and

(b)on the day on which the election was to be held the returning officer must—

(i) declare the nominated candidates (if any) to be deemed to have been elected as elected members for the ward, and

(ii) if the number of nominated candidates is less than the number of elected members to be elected for the ward, declare the number of vacancies in the ward.

7

(1) In any other case, the elected members are to be elected for the electoral ward at a poll held in accordance with this paragraph.

(2)At the poll, each individual entitled to vote may vote by marking on the ballot paper—

(a) the voter's first preference from among the candidates, and

(b) if the voter wishes to express a further preference for one or more candidates, the voter's second and, if the voter wishes, subsequent preferences from among those candidates.

(3)Election regulations must, in particular, make provision about—

(a) the manner in which and period during which votes may be cast,

(b) the form and content of ballot papers,

(c) the manner in which the number of votes which will secure the return of a candidate as an elected member is to be calculated,

(d) the procedure for counting votes,

(e) the declaration of the result of the poll.

8Candidates

(1)An individual is disqualified from being a candidate in a Health Board election if the individual is—

(a) a member of the European Parliament,

(b) a member of the House of Commons,

(c) a member of the House of Lords,

(d) a member of the Scottish Parliament, or

(e) a local authority councillor.

(2)Election regulations may make further provision about—

(a) who is qualified to be a candidate in a Health Board election, and

(b) the circumstances in which an individual may be disqualified from being a candidate,

and, in particular, may disqualify from being a candidate an individual holding a post set out in a list of restricted posts maintained by the Health Board...

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