Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/89 |
2000 No. 89
NATIONAL HEALTH SERVICE, ENGLAND
The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
Made 18th January 2000
Laid before Parliament 18th January 2000
Coming into force 8th February 2000
The Secretary of State for Health, in exercise of powers conferred on him by sections 16B and 126(4) of, and paragraph 5 of Schedule 5A to, the National Health Service Act 19771and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 and shall come into force on 8th February 2000.
(2) In these Regulations, unless the context otherwise requires–
“the Act” means the National Health Service Act 1977;
“the 1997 Act” means the National Health Service (Primary Care) Act 19972;
“the Executive Committee” means the committee of a Primary Care Trust appointed under regulation 9(1);
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the Act and any service which he has a duty to provide under section 5(1) or (1A) of that Act3;
“health service body” means–
(a) a Health Authority, Special Health Authority, Primary Care Trust, NHS trust or a pilot scheme health service body;
(b) a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 19784, or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust respectively constituted under sections 4, 10 and 12A of that Act;
(c) the Dental Practice Board constituted under section 37(1) of the Act;
(d) the Public Health Laboratory Service Board continued in being by section 5(4) and (5) of, and Schedule 3 to, the Act;
(e) the National Radiological Protection Board established by section 1 of the Radiological Protection Act 19705;
(f) the Commission for Health Improvement established by section 19 of the Health Act 19996;
“medical practitioner” means a person providing general medical services under the Act or performing personal medical services in connection with a pilot scheme7under the 1997 Act;
“member”, in relation to a Primary Care Trust, does not include its chairman, and “members” and “membership” shall be construed accordingly;
“nurse” means a nurse, midwife or health visitor registered in accordance with the Nurses, Midwives and Health Visitors Act 19978who–
(a) is providing personal medical services or personal dental services under a pilot scheme under the 1997 Act;
(b) in connection with the provision of personal medical services or personal dental services under a pilot scheme under the 1997 Act, is employed by a person providing or performing those services;
(c) is employed by a medical practitioner to assist in the provision of general medical services;
(d) is employed by a dental practitioner to assist in the provision of general dental services; or
(e) is employed by a Health Authority, a Primary Care Trust or an NHS trust to provide or assist in the provision of community health services;
“non-officer member” means a member of a Primary Care Trust who is not an officer of the trust and is not to be treated as an officer by virtue of regulation 1(3);
“officer member” means a member of a Primary Care Trust who is either an officer of the trust or is to be treated as an officer by virtue of regulation 1(3);
“Part II services” means general medical services, general dental services, general ophthalmic services or pharmaceutical services under the Act;
“pilot scheme health service body” has the meaning given in section 16(6) of the 1997 Act;
“preparatory period” has the meaning given in paragraph 2(2) of Schedule 5A to the Act;
“Primary Care Group” means a committee appointed under regulation 14(1) of the Health Authorities (Membership and Procedure) Regulations 19969, in accordance with the Secretary of State’s directions of 15th October 1998 and exercising functions in accordance with the Secretary of State’s directions of 25th March 199910.
(3) For the purposes of these Regulations, the chairman of a Primary Care Trust’s Executive Committee and any persons nominated by such a committee in accordance with regulation 2(4)(c), if they are not officers of the trust, shall be treated as if they were such officers.
Membership of Primary Care Trusts
2.—(1) A Primary Care Trust shall have not more than 14 members and not less than 8 members.
(2) The number of officer members shall not exceed 7 and nor shall it exceed the number of non-officer members.
(3) The non-officer members shall be appointed by the Secretary of State.
(4) The officer members shall include–
(a)
(a) the persons who for the time being hold the offices of Chief Executive and Director of Finance;
(b)
(b) the person who for the time being holds the post of chairman of the Executive Committee; and
(c)
(c) at least one person, but not more than 4 persons, appointed by the chairman following nomination by the Executive Committee.
(5) Where only one person is appointed under paragraph (4)(c), that person shall be a member of the Executive Committee; and where more than one person is appointed under that paragraph, at least two shall be members of that committee.
(6) Of the persons who are the chairman or members of the Executive Committee and who are members of the trust by virtue of paragraph (4)(b) and (c)–
(a)
(a) at least one shall be a medical practitioner; and
(b)
(b) at least one shall be a nurse.
(7) In addition to the persons referred to in paragraph (4), the officer members may include officers of the trust, other than the Chief Executive and the Director of Finance, appointed by the chairman and non-officer members of that trust.
(8) Where more than one person is appointed jointly to a post mentioned in paragraph (4)(a) or in relation to which an officer member is to be appointed under paragraph (7), those persons shall become or be appointed as an officer member jointly, and shall count as one officer member for the purposes of paragraphs (1) and (2).
(9) Subject to regulation 3, an officer member appointed under paragraphs (4)(c) or (7) shall be appointed for such period–
(a)
(a) not exceeding 4 years; and
(b)
(b) in the case of an officer member who is also a member of the Executive Committee, not exceeding the remainder of his term of office as a member of that committee,
as the chairman or the chairman and non-officer members, as the case may be, may specify on making the appointment and shall be eligible for reappointment.
(10) Subject to regulation 4, the chairman or a non-officer member shall be appointed for such period, not exceeding 4 years, as the Secretary of State may specify on making the appointment and shall be eligible for reappointment.
(11) During its preparatory period a Primary Care Trust shall be regarded as properly constituted if the chairman and at least one non-officer member have been appointed, notwithstanding that the other members have not yet been appointed.
Termination of tenure of office and suspension of officer members
3.—(1) A person who is an officer member under regulation 2(4)(a) or (b) or (7) shall cease to hold office as a member if he ceases to hold the post or office in the trust by virtue of which he became an officer member.
(2) A person who is an officer member under regulation 2(4)(b) or (c) shall cease to hold office as a member if, being a member of the Executive Committee, he ceases to be such a member.
(3) If the chairman and non-officer members are of the opinion that it is not in the interests of the trust that a person who is an officer member under regulation 2(4)(c) should continue to hold office as such a member, they may with the consent of the Secretary of State forthwith terminate his tenure of office.
(4) If the Executive Committee of a Primary Care Trust notifies the chairman of the trust that they are of the opinion that a person who is an officer member under regulation 2(4)(c) should not continue to hold office as such a member, the chairman and non-officer members of the trust may terminate his tenure of office if they are of the opinion that it is not in the interests of the trust for him to continue to hold office.
(5) Where under paragraph (4) the chairman and non-officer members terminate the tenure of office of an officer member or determine that such a member shall continue to hold office, they shall forthwith notify the Secretary of State in writing, stating the reasons for their decision.
(6) If a person who is an officer member under regulation 2(4)(c) has failed to attend a meeting of the trust for a period of three months, the chairman and non-officer members shall forthwith terminate the tenure of office of that officer member unless they are satisfied that–
(a)
(a) the absence was due to a reasonable cause; and
(b)
(b) the member will be able to attend meetings of that trust within such period as the chairman and non-officer members consider reasonable.
(7) If the chairman and non-officer members are of the opinion that it is not in the interests of the trust that a person who is an officer member under regulation 2(7) should continue to hold office as such a member, they may forthwith terminate his tenure of office.
(8) If an officer member of a Primary Care Trust is suspended from his post in the trust or from his membership of the Executive Committee he shall be suspended from performing his functions as a member for the period of his suspension.
Termination of tenure of office: chairman and non-officer members
4.—(1) The...
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