Constitution of Health Boards

I21Constitution 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.

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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) ”.

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Elected members of Health Boards

F12Health Board elections

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F13Scottish Ministers' powers in relation to elected members

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Pilot scheme and action following pilot

F14Pilot scheme

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F15Report on pilot scheme

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I16Termination of pilot scheme

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3

The following provisions of this Act are repealed—

a

section 1(6) and (8),

b

sections 2 to 5,

c

subsections (1) and (2) of this section (except in so far as bringing this subsection and subsection (4) into force), and

d

section 7,

and the amendments of the 1978 Act made by provisions so repealed are accordingly to cease to have effect.

C14

Paragraph 2 of Schedule 1 to the 1978 Act is amended as follows—

a

in sub-paragraph (1)—

i

after sub-paragraph (a) insert “ and ”,

ii

sub-paragraph (c) and the word “and” immediately preceding it are repealed,

b

for sub-paragraphs (3) and (4) substitute—

3

At least one councillor member must be appointed for each local authority whose area is wholly or partly within the area of the Board.

F57Roll-out

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Final provisions

8Minor and consequential amendments

The schedule contains minor and consequential amendments.

9Key terms

In this Act—

  • the “1978 Act” means the National Health Service (Scotland) Act 1978 (c. 29),

  • “Health Board” means a board constituted by an order under section 2(1)(a) of the 1978 Act,

  • “Health Board election” means an election held under Schedule 1A to the 1978 Act (as inserted by section 2(3) of this Act),

  • “Ministers” means the Scottish Ministers,

  • “pilot order” has the meaning given by section 4(1),

  • “roll-out order” has the meaning given by section 7(1).

10Orders

1

An order made under this Act is to be made by statutory instrument.

2

Such an order may—

a

make different provision for different purposes (in particular, for different Health Board areas), and

b

contain any supplementary, incidental, consequential, transitional, transitory or saving provision which Ministers consider appropriate.

11Commencement

1

Sections 1 to 3 come into force in accordance with sections 4 and 7.

2

Sections 4, 5, 6(1) and (2), 7, 9, 10, 12 and this section come into force on Royal Assent.

3

Section 6(2) provides for the commencement of section 6(3) and (4) in particular circumstances.

4

Section 8 and the schedule come into force on such day as Ministers may by order appoint.

12Short title

This Act is called the Health Boards (Membership and Elections) (Scotland) Act 2009.