The NHS Commissioning Board Authority (Abolition and Transfer of Staff, Property and Liabilities) and the Health and Social Care Act 2012 (Consequential Amendments) Order 2012

The National Health Service Trusts (Membership and Procedure) Regulations 1990

1.—(1) The National Health Service Trusts (Membership and Procedure) Regulations 1990(1) are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”—

(a) in paragraph (a), after “Special Health Authority,” insert “a clinical commissioning group,”; and

(b) after paragraph (b), insert—

“(ba) the National Health Service Commissioning Board;”.

(3) In regulation 11(1) (disqualification for appointment of chairman and non-executive directors)—

(a) for sub-paragraph (d), substitute—

“(d) he is a person whose tenure of office as the chairman, a member, a director or a governor of a health service body other than a clinical commissioning group has been terminated on the grounds—

(i) that it was not in the interests of the health service body or of the health service that he should continue to hold the office,

(ii) of non-attendance at meetings,

(iii) of non-disclosure of a pecuniary interest, or

(iv) of misbehaviour, misconduct or failure to carry out his duties;”;

(b) after sub-paragraph (d), insert—

“(da) he is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group;”;

(c) in sub-paragraph (e), before “an NHS foundation trust” insert “a clinical commissioning group or”; and

(d) after sub-paragraph (e) insert—

“(ea) he is a person who is the chair or a member of the governing body of a clinical commissioning group, or an employee of such a group;”.

(4) For regulation 11(3), substitute—

“(3) For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of having been—

(a) in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of the trust;

(b) in the case of a clinical commissioning group, the chair or a member of the governing body of the group; or

(c) in the case of any other health service body, the chairman, a member or a director of the health service body in question.”.

(1)

S.I. 1990/2024. Relevant amending instruments are S.I. 1996/1755, S.I. 1998/646, S.I. 2000/2434, S.I. 2002/2469 and 2861, S.I. 2004/696, S.I. 2005/525, 1622 and 2078, S.I. 2006/552 and S.I. 2011/2581.