The Community Health Councils Regulations 1996

PART III PROCEEDINGS OF COUNCILS

Election of chairman and vice-chairman

10.—(1) The members shall elect—

(a) one of their number to be chairman; and

(b) one or two of their number, other than the chairman, to be vice-chairman;

• for such periods as they may determine on making the election, not being in any case a longer period than the remainder of the period of the elected member’s term of office as a member; and the Chief Officer shall forthwith notify the Secretary of State in writing of the names of the persons so elected.

(2) A chairman or vice-chairman may at any time resign that office by giving notice in writing to the Chief Officer, who shall forthwith notify the Secretary of State in writing;

(a) where the chairman has resigned, the members shall elect anoither chairman in accordance with paragraph (1)

(b) where a vice-chairman has resigned—

(i) if there is no other vice-chairman, the members shall,

(ii) if there is another vice-chairman, the members may,

elect another vice-chairman in accordance with paragraph (1).

Appointment of committees and joint committees

11.—(1) Subject to paragraph (2), a Council may appoint one or more committees of the Council to exercise, subject to such restrictions and conditions as the Council thinks fit, some, but not all, of the Council’s functions.

(2) Except where the Secretary of State may, in any particular case, otherwise allow, not less than two-thirds of the members of any committee appointed by a Council shall be members of that Council.

(3) A Council may, together with one or more other Councils, appoint a joint committee, of which the members shall consist wholly of members of those Councils, to exercise, subject to such restrictions and conditions as may be agreed between those Councils, some, but not all, of the functions of each of those Councils.

Meetings and proceedings

12.  The provisions of the Schedule to these Regulations shall have effect with respect to the meetings and proceedings of a Council.

Officers

13.—(1) The Secretary of State shall appoint a person acceptable to a Council to act as its Chief Officer and shall also, after consultation with the Council and subject to acceptance by the Council of any individual officer appointed, appoint persons to act as such other officers for the Council as he considers necessary.

(2) The appointment of a person to act as an officer of a Council shall be made by the Secretary of State in a manner and for a period acceptable to the Council.

(3) Persons appointed in accordance with paragraphs (1) and (2) shall be employed by such Health Authority as the Secretary of State may determine for the purpose, in accordance with any regulations made and any directions given by the Secretary of State under the Act, and their services shall be made available to the Council by the employing authority for the period of the appointment.

Premises and other facilities

14.—(1) The Secretary of State shall, after consultation with the Council—

(a) provide the Council with such office and other accommodation as he considers necessary to enable the Council to perform its functions; and

(b) secure that arrangements are made for such administration, maintenance, cleaning and other services as may, in his opinion, be necessary for such accommodation;

• but arrangements for the provision of services and accommodation may be made, with the approval of the Secretary of State, by the members.

(2) To enable the Council to perform its function

(a) the Secretary of State may make available to the Council such facilities (including use of any premises and the use of any vehicle, plant or apparatus) provided by him for any service under the Act as he considers are necessary and

(b) the Health Authority shall referred to in regulation 13(3) make available to the Council the services of such of its employees as the Secretary of State may direct.

Expenses

15.—(1) The Secretary of State shall, in respect of each financial year, pay to each Council sums equal to the amounts which he has approved as the amounts of expenditure which he considers may reasonably be incurred by the Council in that year for the purpose of performing its functions.

(2) Each Council shall submit to the Secretary of State, in such form and by such date as he may specify, such estimates as he may require of the expenditure which it expects to incur during such financial years as he may specify.

(3) The Secretary of State may approve the amounts of the estimates submitted under paragraph (2) with or without modification, or subject to such conditions as he thinks fit, and may at any time vary such approval or conditions.

(4) A Council shall not incur expenses in excess of the amounts approved for that Council by the Secretary of State under this regulation.

Reports

16.—(1) A Council shall, as soon as reasonably practicable after 31st March in 1997 and in each successive year—

(a) make a report in writing to the Secretary of State regarding the performance of its functions during the period of twelve months ending on 31st March in that year and such other matters as the Secretary of State may require;

(b) furnish copies of the report to each relevant Health Authority, each relevant NHS trust and each relevant local authority; and

(c) take such measures as the Council considers to be appropriate to secure that the contents of the report are made known to the public in its district.

(2) Upon receipt of the report each relevant Health Authority shall—

(a) furnish to the Council its comments on the report and a record of any steps taken by the Health Authority in consequence of advice given, or proposals made, by the Council; and

(b) secure that those comments and that record are made known to the public in the district of the Council.