Health Boards (Membership and Procedure) (No. 2) Regulations 1991

JurisdictionUK Non-devolved
CitationSI 1991/809

1991 No. 809 (S. 74)

NATIONAL HEALTH SERVICE, SCOTLAND

The Health Boards (Membership and Procedure) (No.2) Regulations 1991

Made 22th March 1991

Laid before Parliament 25th March 1991

The Secretary of State, in exercise of the powers conferred on him by sections 2(10), 105(7) and 108(1) of, and by paragraphs 2A, 4 and 11 of Schedule 1 to the National Health Service (Scotland) Act 19781, as read with Article 5 of, and Part I of the Schedule to, the Health Education Board for Scoland Order 19902, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1 GENERAL

PART I

GENERAL

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health Boards (Membership and Procedure) (No.2) Regulations 1991 and shall come into force for the purposes of regulation 12(c) on 31st March 1991 and for all other purposes on 1st April 1991.

(2) In these Regulations, unless the context otherwise requires—

(a)

(a) “the 1978 Act” means the National Health Service (Scotland) Act 1978;

(b)

(b) “Board” means a Health Board and includes the Health Education Board for Scotland established by the Health Education Board for Scotland Order 1990;

(c)

(c) “member” means a member of a Board and includes the chairman and “members” shall be construed accordingly;

(d)

(d) “contract” includes any arrangement including an NHS contract;

(e)

(e) “officer” includes employee.

(3) Unless the context otherwise requires, a reference in these Regulations to a numbered regulation is to the regulation bearing that number in these Regulations and a reference in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation.

2 MEMBERSHIP

PART II

MEMBERSHIP

S-2 Term of office

Term of office

2.—(1) Subject to the following provisions of these regulations, the term of office of the members of a Board shall be for such period not exceeding four years as the Secretary of State shall specify on making the appointment.

(2) At the expiration of his term of office a member shall, subject to regulations 5 and 6 be eligible for re-appointment.

S-3 University members

University members

3. For the purposes of paragraph 2A of Schedule 1 to the Act the Health Boards in the case of which at least one of the persons appointed to be hairman or a member under paragraph 2 of that Schedule must hold a post in a university with a medicl or dental school, are Lothian Health Board, Greater Glasgow Health Board and Tayside Health Board.

S-4 Remuneration of members

Remuneration of members

4. In addition to the chairman, the members to whom remuneration may be paid under paragraph 4 of Schedule 1 to the Act are members appointed for the purposes of paragraph 2A of that Schedule and any other members who are not also officers of the Board.

S-5 Resignation and removal of members

Resignation and removal of members

5.—(1) A member who desires to reesign his membership shall give written intimation of his, resignation to the Secretary of State.

(2) If a member has not attended any meeting of the Board or of any committee or subcommittee of the Board througout a period of six consecutive months, the Secretary of State shall, unless satisfied that his absence was due to illness or other reasonable cause, declare that his seat on the Board has become vacant and that person shall forthwith cease to be a member.

(3) Where a member who was appointed for the purposes of paragraph 2A of Schedule 1 to the Act ceases to hold the post in a university with a medical or dental school, which he held at the time of his appointment for those purposes, the Secretary of State may terminite his appointment as a member.

(4) A member of a Board being eithermdash;

(a)

(a) a person who holds any paid appointment or office or other place of profit under a Board or under the Agency and who is dismissed, removed or resigns from such appointment, office, or other place of profit; or—

(b)

(b) a person whose name is included in any list prepared under Part II of the Act, and whose name is withdrawn from the list on his own application,

shall, if the Secretary of State so directs, forthwith cease to be a member.

S-6 Disqualification

Disqualification

6.—(1) A person shall be disqualified for being a member of a Board, if—

(a)

(a) he is chairman or a director of an NHS trust; or

(b)

(b) he holds any paid appointment or office with a trade union which represents the interests of members who are employed by a health service body; or

(c)

(c) he is a member of a fund-holding practice recognised under section 87A of the Act3;

(d)

(d) he is a person who within the preceding five years has been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(e)

(e) he is a person who has held any paid appointment or office or other place of profit under a Board or under the Agency and has been dismissed from such appointment, office, or other place of profit otherwise than by reason of redundancy; or

(f)

(f) he is disqualified under section 29 of the Act4for inclusion in any list prepared under Part II of the Act; or

(g)

(g) he is a person whose estate has been sequestrated in Scotland or who has been adjudged bankrupt elsewhere than in Scotland in relation to whose estate a judicial factor has been appointed or who has granted a trust deed for the benefit of his creditors:

Provided that—

(i) the disquilification attaching to a person whose estate has been sequestrated shall cease if and when—

(a)

(a) the sequestration of his estate is recalled or reduced; or

(b)

(b) the sequestration is discharged;

(ii) the disqualification attaching to a person by reason of his having been adjudged bankrupt shall cease if and when—

(a)

(a) the bankruptcy is annulled; or

(b)

(b) he is discharged;

(iii) the disqualification attaching to a person in relation to whose estate a Judicial factor has been appointed shall cease if and when—

(a)

(a) that appointment is recalled; or

(b)

(b) the judicial factor is discharged;

(iv) the disqualification attaching to a person who has granted a trust deed shall cease if and when he pays his creditors in full or on the expiry of five years from the date of his granting the deed.

(2) The Secretary of State may direct that in relation to any individual person, Health Board or Special Health Board any disqualification so directed shall not apply in relation thereto.

(3) In this regulation “health service body” is any one of the persons and bodies specified in section 17A(2) of the Act5and “trade union” has the meaning given in section 28(1) of the Trade Union and Labour Relations Act 19746.

3 APPOINTMENT OF VICE-CHAIRMAN...

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