The National Health Service Trusts (Membership and Procedure) (Amendment) (Wales) Regulations 2022

PART 6 Amendments to the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009

Amendments to the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009

21.  The Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009(1) are amended as follows.

Amendments to regulation 1(2)

22.  In regulation 1(2) (citation, commencement and interpretation)—

(a) in the definition of “appointee”, after “chair” insert “, vice-chair”;

(b) in the definition of “director”, after “chair” insert “and vice-chair”.

Amendments to regulation 2

23.  In regulation 2 (maximum number of directors)—

(a) in paragraph (1)—

(i) for “11” substitute “12”;

(ii) after “chair” insert “and vice-chair”;

(b) in paragraph (2)—

(i) after “chair” insert “and vice-chair”;

(ii) for “5” substitute “6”.

Amendment to regulation 4(c)

24.  In regulation 4(c) (executive directors), for “three” substitute “four”.

Amendments to regulation 8

25.  In regulation 8 (tenure of office of chair and directors)—

(a) in the heading, after “chair” insert “, vice-chair”:

(b) in paragraph (1), after “chair” insert “, vice-chair”.

Amendments to regulation 10

26.  In regulation 10 (termination of tenure of office of chair and non-executive directors)—

(a) in the heading, after “chair” insert “, vice-chair”;

(b) in paragraph (1), after “chair” insert “, vice-chair”;

(c) in paragraph (2), after “chair”, in both places it occurs, insert “or vice-chair”;

(d) in paragraph (3), after “chair” insert “, vice-chair”;

(e) in paragraph (4), after “chair”, in both places it occurs, insert “, vice-chair”;

(f) in paragraph (5), after “chair”, in both places it occurs, insert “, vice-chair”;

(g) in paragraph (6), after “chair” insert “, vice-chair”;

(h) in paragraph (7), after “chair” insert “, vice-chair”.

Amendments to regulation 11

27.  In regulation 11 (suspension of chair and non-executive directors), after “chair”, in each place it occurs, insert “, vice-chair” (including the heading).

Omission of regulation 13

28.  Omit regulation 13.

Amendment to regulation 14

29.  In regulation 14(1) (eligibility for reappointment), after “chair” insert “, vice-chair”.

Amendments to regulation 15

30.  In regulation 15 (disqualification for appointment of chair and non-executive directors)—

(a) in the heading, after “chair” insert “, vice-chair”;

(b) in paragraph (1), after “chair”, in the first place it occurs, insert “, vice-chair”;

(c) in paragraph (4), after “chair”, in both places it occurs, insert “, vice-chair”.

Omission of regulation 17

31.  Omit regulation 17.

Amendment to regulation 18

32.  For regulation 18 (powers of vice-chair), substitute—

“18.   Where the chair of the Trust—

(a) has died;

(b) has ceased to hold office; or

(c) is unable to perform the duties of chair owing to illness, absence from England and Wales, suspension under regulation 11 or any other cause,

the vice-chair must act as chair until a new chair is appointed or the existing chair resumes the duties of chair; and references to the chair in Schedule 2 must, so long as there is no chair or the chair is unable to perform their duties, be taken to include references to the vice-chair.”

Amendment to regulation 21

33.  In regulation 21 (committee for appointing chief officer as director), after “chair” insert “, vice-chair”.

Amendment to regulation 22

34.  In regulation 22 (committee for appointing executive directors other than chief officer), after “chair” insert “, vice-chair”.

Amendments to Schedule 1

35.  In Schedule 1 (procedures for appointment of the chair and non-executive directors)—

(a) in the heading, after “chair” insert “, vice-chair”;

(b) in paragraph 1, after “chair” insert “, vice-chair”.

Amendments to Schedule 2

36.  In Schedule 2 (rules as to meetings and proceedings of the Trust), in paragraph 3—

(a) after sub-paragraph (1) insert—

“(1A) If the chair is absent from the meeting, the vice-chair, if present, must preside.”;

(b) in sub-paragraph (2) omit “(if any)”.

(1)

S.I. 2009/1385 (W. 141), amended by S.I. 2012/1641 and S.I. 2013/235; there are other amending instruments but none is relevant.