The Health Authorities (Membership and Procedure) Amendment Regulations 2000

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Health Authorities (Membership and Procedure) Amendment Regulations 2000 and shall come into force on 1st April 2000.

(2) Subject to paragraphs (3) and (4), these Regulations extend to England only.

(3) This regulation and regulation 7 of, and the Schedule to, these Regulations extend also to Wales.

(4) To the extent that regulations 2, 4 and 5 of these Regulations make provision which applies to the Mental Health Act Commission, the Prescription Pricing Authority and the Microbiological Research Authority(1), these Regulations extend also to Wales.

(5) In these Regulations, “the principal Regulations” means the Health Authorities (Membership and Procedure) Regulations 1996(2).

Amendment of regulation 1 of the principal Regulations

2.  In regulation 1 of the principal Regulations (citation, commencement and interpretation), in paragraph (2), in the definition of “health service body”, in paragraph (a), after “Special Health Authority” insert “, a Primary Care Trust”.

Amendment of regulation 10 of the principal Regulations

3.—(1) Regulation 10 of the principal Regulations (disqualification for appointment) is amended in accordance with the following paragraphs of this regulation.

(2) In paragraph (1)—

(a) in sub-paragraph (g)—

(i) omit the word “or” in paragraph (i); and

(ii) at the end of paragraph (ii) insert

“or

(iii) a Primary Care Trust;”;

(b) in sub-paragraph (j), after “NHS trust” insert “, a Primary Care Trust”.

(3) After paragraph (3) insert—

“(3A) A person shall not be disqualified under paragraph (1)(g) by virtue of being the chairman or a member of a Primary Care Trust during the trust’s preparatory period.”.

(4) In paragraph (4), after “NHS trust” insert “or a Primary Care Trust”.

Amendment of regulation 14 of the principal Regulations

4.  In regulation 14 of the principal Regulations (appointment of committees and sub-committees), for paragraphs (1) and (2) substitute—

“(1) Subject to such directions as may be given by the Secretary of State, an Authority may, and if directed by him, shall—

(a) appoint committees of the Authority; or

(b) together with one or more other Authorities or Primary Care Trusts, appoint joint committees,

consisting, in either case, wholly or partly of the chairman and members of the Authority or Authorities or Primary Care Trusts or wholly of persons who are not members of the Authority or Authorities or Primary Care Trusts in question.

(2) A committee or joint committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or by the Authority, Authorities or Primary Care Trusts in question, appoint sub-committees consisting—

(a) wholly or partly of members of the committee or joint committee (whether or not they are members of the Authority or Authorities or Primary Care Trusts in question); or

(b) wholly of persons who are not members of—

(i) the Authority or Authorities or Primary Care Trusts; or

(ii) the committee of the Authority or Authorities or Primary Care Trusts in question.”.

Amendment of regulation 15 of the principal Regulations

5.  In regulation 15 of the principal Regulations (meetings and proceedings), in paragraph (3), after “other Authorities” insert “or Primary Care Trusts”.

Amendment of Schedule 2 to the principal Regulations

6.  In Schedule 2 to the principal Regulations (Special Health Authorities of which the chairman and members are not disqualified under regulation 10(1)(g)), before “Health Education Authority” insert “Health Development Agency”.

Amendment of regulations relating to the membership and procedure of Special Health Authorities:

7.  The regulations specified in the Schedule to these Regulations shall have effect subject to the amendments specified in that Schedule.

Signed by authority of the Secretary of State

John Denham

Minister of State

Department of Health

9th March 2000