The Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009

Regulation 4(1)

SCHEDULE 1 E+W PROCEDURES FOR APPOINTMENT OF CHAIRS, VICE-CHAIRS AND NON-OFFICER MEMBERS

1.  This Schedule applies to the selection and appointment of chairs, vice-chairs and non-officer members. E+W

2.  The Welsh Ministers will ensure that appropriate arrangements are in place for the selection and appointment of persons as members and that those arrangements take into account — E+W

(a) the principles from time to time laid down by the Commissioner for Public Appointments and in the Welsh Minister's Code of Practice for Ministerial Appointments to Public Bodies;

(b) the requirement that the selection and appointment be open and transparent;

(c) the requirement of fair and open competition in the selection and appointment; and

(d) the need to ensure that successful candidates meet the relevant eligibility requirements set out in Schedule 2 and that they meet the selection criteria and standards of competence applied by the Board.

Regulation 5

SCHEDULE 2 E+W ELIGIBILITY REQUIREMENTS FOR MEMBERS AND ASSOCIATE MEMBERS

PART 1 E+W General requirements

1.—(1) Part 1 of this Schedule applies in relation to the eligibility for appointment of members and associate members. E+W

(2) Subject to paragraph (4), (5), (6) and (8), a person is not be eligible for appointment as a member or associate member if that person —

(a) has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has received a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;

(b) is the subject of a bankruptcy restrictions order or an interim order or has made a composition or arrangement with creditors;

(c) has been dismissed, other than by reason of redundancy, from any paid employment with a health service body [F1 or former health service body];

(d) has had his or her membership as chair, member or director of a health service body F2 ... [F3 or of a former health service body] [F4 other than a clinical commissioning group] terminated, other than by reason of redundancy, voluntary resignation, reorganisation of [F5 the body], or expiry of the period of office for which that person was appointed;

[F6 (e) has been removed from office as the chair or a member of the governing body of a clinical commissioning group.]

(3) For the purposes of paragraph (2) (a) the date of conviction is deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.

(4) For the purposes of paragraph (2) (c), a person is not be treated as having been in paid employment by reason only of having held the position of member, associate member or director of a health service body F7 [F8 ... [F9 or of a former health service body] [F10 other than a clinical commissioning group], or of having held the position of chair or member of the governing body of a clinical commissioning group].

(5) Where a person is ineligible by reason of paragraph (2) (b) —

(a) if the bankruptcy is annulled on the ground that the person ought not to have been adjudged bankrupt or on the ground that the person's debts have been paid in full, that person becomes eligible for appointment as a member or associate member on the date of the annulment;

(b) if the person is discharged from bankruptcy, that person becomes eligible for appointment as a member or associate member on the date of the discharge;

(c) if, having made a composition or arrangement with creditors, the person's debts are paid in full, that person becomes eligible for appointment as a member or associate member on the date upon which such debts are paid in full; and

(d) if, having made a composition or arrangement with creditors, that person becomes eligible for appointment as a member or associate member on the expiry of five years from the date on which the terms of the deed of composition or arrangement were fulfilled.

(6) Subject to paragraph (7), where a person is ineligible by reason of paragraph (2) (c), that person may, after the expiry of two years from the date of dismissal, apply in writing to the Welsh Ministers to remove the ineligibility, and the Welsh Ministers may direct that the ineligibility ceases.

(7) Where the Welsh Ministers refuse an application to remove an ineligibility, no further application may be made by that person until the expiry of two years beginning with the date of the application and this paragraph applies to any subsequent application.

(8) Where a person is ineligible by reason of paragraph (2)(d), that person becomes eligible for appointment as a member or associate member on the expiry of two years from the date of termination of membership or such longer period as may have been specified by the authority which terminated the membership, but the Welsh Ministers may, on application being made in writing to them by that person, reduce the period of ineligibility.

Textual Amendments

F1 Words in Sch. 2 para. 1(2)(c) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 126(3)(a)

F2 Words in Sch. 2 para. 1(2)(d) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 38(3)(a)(i)

F3 Words in Sch. 2 para. 1(2)(d) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 126(3)(b)(i)

F4 Words in Sch. 2 para. 1(2)(d) inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 38(3)(a)(ii)

F5 Words in Sch. 2 para. 1(2)(d) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 126(3)(b)(ii)

F6 Sch. 2 para. 1(2)(e) inserted (1.10.2012) by 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 (S.I. 2012/1641), art. 1(2)(b), Sch. 3 para. 14(3)(b)

F7 Words in Sch. 2 para. 1(4) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 38(3)(b)(i)

F8 Words in Sch. 2 para. 1(4) inserted (1.10.2012) by 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 (S.I. 2012/1641), art. 1(2)(b), Sch. 3 para. 14(4)

F9 Words in Sch. 2 para. 1(4) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 126(3)(c)

F10 Words in Sch. 2 para. 1(4) inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 38(3)(b)(ii)

PART 2 E+W Eligibility Requirements for Chairs, Vice-chairs and Non-officer Members

2.—(1) Subject to paragraph (2) a person is ineligible to be a chair, vice-chair or non-officer member if that person is, or has been within the preceding year, in the paid employment of any of the following Local Health Boards or NHS Trusts— E+W

(a) a Local Health Board listed in Schedule 2 or Schedule 3 to the Local Health Boards (Establishment and Dissolution) (Wales) Order 2009 if it is, or was, within the area of the Board;

(b) a NHS Trust listed in the Schedule to the National Health Service Trusts (Dissolution) (Wales) Order 2009 M1 if it is, or was, within the area of the Board;

(c) Velindre National Health Service Trust M2 ; or

(d) Welsh Ambulance Services National Health Service Trust M3 .

(2) A person is not ineligible under paragraph (1) if that person is appointed as—

(a) a trade union member in accordance with regulation 3(4)(c);or

(b) a university member in accordance with regulation 3(4)(d).

(3) For the purposes of paragraph (1), a person is not to be treated as having been in paid employment by reason only of having held the position of chair, vice-chair or non-officer member of a Local Health Board or a chair, vice-chair or non-executive director of a NHS Trust.

Marginal Citations

M1 S.I. 2009/1306 (W.117).

M2 Established by S.I. 1993/2838.

M3 Established by S.I. 1998/678.

PART 3 E+W Eligibility Requirements for Specific Categories of Member

Medical officer E+W

3.  To be eligible for appointment as the medical officer in regulation 3(2)(b) the person must be listed in the General Medical Council General Practitioner Register M4 or Specialist Register M5 .

Marginal Citations

M4 The General Practitioner Register is maintained by the General Medical Council under article 10 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250).

M5 The Specialist Register is maintained by the General Medical Council under article 13 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250).

Nurse officer E+W

4.  To be eligible for appointment as the nurse officer in regulation 3(2)(d), a person must be included on the register maintained by the Nursing and Midwifery Council M6 .

Marginal Citations

M6 The Nursing and Midwifery Council maintains a register in accordance with Article 5 of the Nursing and Midwifery Council Order 2002 (S.I. 2002/253).

Public health officer E+W

5.  To be eligible for appointment as the officer with responsibility for public health under regulation 3(2)(g), the person must have completed higher specialist training in public health or a related discipline and be listed in the General Medical Council Specialist Register, the General Dental Council Specialist List in Dental Public Health M7 or the UK Public Health Register M8 .

Marginal Citations

M7 The Dental Public Health Specialists List is prescribed by the General Dental Council (Specialist List) Regulations 2008 made by the Council under sections 26 and 52 of the Dentists Act 1984 (c. 24).

M8 The UK Public Health Register is maintained by the Public Health Register a company limited by guarantee registered in England and Wales under registration number 4776439.

Therapies and health science officer E+W

6.  To be eligible for appointment as a member appointed under regulation 3(2)(i), a person must be included on the register maintained by the Health Professions Council M9 .

Marginal Citations

M9 The Health Professions Council maintains a register in accordance with Article 5 of the Health Professions Order 2001 (S.I. 2002/254).

Local authority member E+W

7.  To be eligible for appointment as a member appointed under regulation 3(4)(a) the person must be an elected member of a local authority whose area is within the Board's area.

Voluntary organisation member E+W

8.  To be eligible for appointment as a member appointed under regulation 3(4)(b) the person must be an employee or a member of a voluntary organisation that operates within the Board's area.

Trade union member E+W

9.  To be eligible for appointment as a member appointed under regulation 3(4)(c) the person must be—

(a) employed by the Board; and

(b) a member of a trade union recognised by the Board in relation to employment matters.

Regulation 15

SCHEDULE 3 E+W RULES AS TO MEETINGS AND PROCEEDINGS OF BOARDS

1.  Meetings of a Board must be held on such day and at such place as may be fixed by the chair and the chair is responsible for convening the meeting. E+W

2.—(1) The chair may call a meeting of the Board at any time. E+W

(2) If the chair refuses to call a meeting after a requisition for that purpose, signed by at least one third of the members, has been presented to him or her, or if, without so refusing, the chair does not call a meeting within seven days after such requisition has been presented to him or her, such one third or more members may call a meeting to be held immediately.

(3) Before each meeting of a Board, a notice of the meeting, specifying the business proposed to be transacted at it, and signed by the chair or by an officer authorised by the chair to sign on his or her behalf must be delivered to every member and associate member, or sent by post to the usual place of residence of such member, so as to be available to such member, where reasonably practicable, at least ten clear days before the meeting.

(4) Want of service of the notice on any member does not affect the validity of a meeting.

(5) In the case of a meeting called by members in default of the chair, the notice must be signed by those members and no business may be transacted at the meeting other than that specified in the notice.

3.—(1) At any meeting of the Board the chair, if present, presides. E+W

(2) If the chair is absent from the meeting, the vice-chair, if present, presides.

(3) If the chair and vice-chair are absent, such non-officer member as the members present choose presides.

4.—(1) Every question at a meeting is determined by a majority of the votes of the members present and voting on the question and, in the case of any equality of votes, the person presiding has a second and casting vote. E+W

(2) In determining every question at a meeting the members must take account, where relevant, of representations made by persons who represent the interests of the community within the Board's area and health professionals.

(3) In this paragraph “health professionals” (“proffesiynolion iechyd”) has the meaning assigned to it in section 69 of the Data Protection Act 1998 M10 .

Marginal Citations

M10 1998 c. 29.

5.  The names of the chair, members and associate members present at the meeting must be recorded. E+W

6.  No business may be transacted at a meeting unless — E+W

(a) the number of members present is not less than six; and

(b) those present include at least three officer member and three non-officer member.

7.  The minutes of the proceedings of a meeting must be drawn up and submitted for agreement at the next meeting of the Board where, if agreed, they must be signed by the person presiding. E+W

8.—(1) Subject to paragraph (2), any meeting of a Board must be open to the public. E+W

(2) A Board may resolve to exclude the public from a meeting in accordance with the provisions of section 1(2) and (3) of the Public Bodies (Admission to Meetings) Act 1960 M11 .

Marginal Citations

M11 1960 c. 67.

Regulation 4(10)

SCHEDULE 4 E+W UNIVERSITIES WHO MAY NOMINATE A MEMBER OF A LOCAL HEALTH BOARD

Column 1		Column 2
University		Local Health Board
1	Cardiff University	Aneurin Bevan Local Health Board
2	Cardiff University	[F11 Cwm Taf Morgannwg University Local Health Board]
3	Cardiff University	Cardiff and Vale University Local Health Board
4	Swansea University	[F12 Swansea Bay University Local Health Board]
5	Swansea University	Hywel Dda Local Health Board
6	Bangor University	Betsi Cadwaladr University Local Health Board
7	Cardiff University	Powys Teaching Local Health Board

Textual Amendments

F11 Words in Sch. 4 Table substituted (1.4.2019) by The Local Health Boards (Area Change) (Wales) (Miscellaneous Amendments) Order 2019 (S.I. 2019/349), arts. 1(1), 4(2)(a)

F12 Words in Sch. 4 Table substituted (1.4.2019) by The Local Health Boards (Area Change) (Wales) (Miscellaneous Amendments) Order 2019 (S.I. 2019/349), arts. 1(1), 4(2)(b)