Statutory Instruments

1991 No. 482

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service Trusts (Public Meetings) Regulations 1991

Made

6th March 1991

Laid before Parliament

11th March 1991

Coming into force

1st April 1991

The Secretary of State for Health, in exercise of powers conferred by sections 126(4) and 128(1) of the National Health Service Act 1977(1) and paragraph 7(2) and (3) of Schedule 2 to the National Health Service and Community Care Act 1990(2) and 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 National Health Service Trusts (Public Meetings) Regulations 1991 and shall come into force on 1st April 1991.

(2) In these Regulations, unless the context otherwise requires, “the Act” means the National Health Service and Community Care Act 1990.

Timing of the public meeting for the presentation of the audited accounts, annual report and any report on the accounts

2. For the purposes of paragraph 7(2) of Schedule 2 to the Act, the prescribed time for holding the public meeting of an NHS trust shall be on or before 30th September in every year, other than that which includes the operational date of the trust.

Other public meetings

3. For the purposes of paragraph 7(3) of Schedule 2 to the Act—

(a)the circumstances in which an NHS trust shall hold a public meeting are those where it has received an auditor’s report made under the provisions of section 15(3) of the Local Government Finance Act 1982(3), other than a report on the audited accounts;

(b)the time for holding the meeting is as soon as practicable, and in any event not later than three months, after the date on which the NHS trust received that report; and

(c)the document which shall be presented at the meeting is that report.

Concurrent meetings

4. Nothing in these Regulations shall prevent a public meeting held pursuant to paragraph 7(2) of Schedule 2 to the Act in accordance with regulation 2 from being held on the same date and at the same time as a public meeting held pursuant to paragraph 7(3) of that Schedule in accordance with regulation 3.

Signed by authority of the Secretary of State for Health

Stephen Dorrell

Parliamentary Under-Secretary of State,

Department of Health

6th March 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the timing of the public meetings at which NHS trusts shall present their audited accounts, annual reports and any report on the accounts. They also provide that an NHS trust shall hold a public meeting to consider an auditor’s report other than a report on the audited accounts and specify the timing of that meeting.

(1)

1977 c. 49; section 126(4) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (“the 1990 Act”); section 128(1) was amended by section 26(2) of the 1990 Act. Section 128(1) is cited for the definition of “prescribed” and “regulations”.

(2)

1990 c. 19.

(3)

1982 c. 32; section 15(3) was amended by paragraph 5 of Schedule 4 to the 1990 Act.