Rheoliadau Ymddiriedolaethau’r Gwasanaeth Iechyd Gwladol (Aelodaeth a Gweithdrefn) (Diwygio) (Cymru) 2022

Diwygiadau i reoliad 9

6.   Yn rheoliad 9 (terfynu deiliadaeth swydd cadeirydd a chyfarwyddwyr anweithredol)—

(a) yn y pennawd, ar ôl “chairman” mewnosoder “, vice-chair”;

(b) ym mharagraff (1), ar ôl “NHS trust” mewnosoder “in England”;

(c) ar ôl paragraff (1), mewnosoder—

“(1A) The chairman, vice-chair or a non-executive director of an NHS trust in Wales may resign from office at any time during the period for which they were appointed by giving notice in writing to the Welsh Ministers.”;

(d) ym mharagraff (2), yn lle “a trust” rhodder “an NHS trust in England”;

(e) ar ôl paragraff (2), mewnosoder—

“(2A) Where during their period of directorship a non-executive director of an NHS trust in Wales is appointed chairman or vice-chair of the trust, that person’s tenure of office as non-executive director terminates when their appointment as chairman or vice-chair takes effect.”;

(f) ym mharagraff (3), ar ôl “NHS trust” mewnosoder “in England”;

(g) ar ôl paragraff (3), mewnosoder—

“(3A) If the Welsh Ministers are of the opinion that it is not in the interests of the health service for a person appointed as chairman, vice-chair or non-executive director of an NHS trust in Wales to continue to hold that office, the Welsh Ministers may remove that person from office.”;

(h) ym mharagraff (4), ar ôl “NHS trust” mewnosoder “in England”;

(i) ar ôl paragraff (4), mewnosoder—

“(4A) If a chairman, vice-chair or non-executive director of an NHS trust in Wales has not attended a meeting of the trust for a period of three months, the Welsh Ministers may remove that person from office, unless the Welsh Ministers are satisfied that—

(a) the absence was due to a reasonable cause; and

(b) the chairman, vice-chair or non-executive director will be able to attend meetings of the trust within such period as the Welsh Ministers consider reasonable.”;

(j) ym mharagraff (5) ar ôl “NHS trust” mewnosoder “in England”;

(k) ar ôl paragraff (5), mewnosoder—

“(5A) Where a person has been appointed as the chairman, vice-chair or non-executive director of an NHS trust in Wales—

(a) if that person becomes disqualified for appointment under regulation 11, the Welsh Ministers must notify that person in writing of such disqualification; or

(b) if it comes to the notice of the Welsh Ministers that at the time of that person’s appointment they were so disqualified, the Welsh Ministers must declare that the person was not duly appointed and so notify that person in writing,

and upon receipt of any such notification, that person’s tenure of office, if any, is terminated and that person must cease to act as chairman, vice-chair or non-executive director.”;

(l) ym mharagraff (6) ar ôl “NHS trust” mewnosoder “in England”;

(m) ar ôl paragraff (6), mewnosoder—

“(6A) If it appears to the Welsh Ministers that the chairman, vice-chair or non-executive director of an NHS trust in Wales has failed to comply with regulation 20 (disclosure etc. on account of pecuniary interest) the Welsh Ministers may terminate that person’s tenure of office.”