The National Health Service Trusts (Membership and Procedure) Amendment Regulations 1996

Amendment of Regulations

2.—(1) The National Health Service Trusts (Membership and Procedure) Regulations 1990(1) shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1(2) (interpretation)—

(a) the definition of “appointing authority” shall be omitted; and

(b) in paragraph (a) of the definition of “health service body” for the words “a health authority, Family Health Services Authority” there shall be substituted the words “a Health Authority, a Special Health Authority”.

(3) For regulation 3 (appointment of directors) there shall be substituted the following regulation:—

“Appointment of directors

3.   The non-executive directors of an NHS trust shall be appointed by the Secretary of State, and the executive directors shall be appointed by the relevant committee.”.

(4) In regulation 7 (tenure of office of chairman and directors)—

(a) in paragraph (1) for the words “appointing authority” there shall be substituted the words “Secretary of State”; and

(b) in paragraph (2) for the words “appointing authority” there shall be substituted the words “relevant committee”.

(5) In regulation 8(2) (tenure of office of executive directors) for the words “appointing authority” (in both places where those words occur) there shall be substituted the words “relevant committee”.

(6) In regulation 9 (termination of tenure of office of chairman and non-executive directors)—

(a) in paragraph (1) for the words “appointing authority” there shall be substituted the words “Secretary of State”;

(b) for paragraph (3) there shall be substituted the following paragraph:—

“(3) If the Secretary of State is of the opinion that it is not in the interests of the health service for a person appointed as a chairman or non-executive director of an NHS trust to continue to hold that office, the Secretary of State may forthwith terminate that person’s tenure of office.”; and

(c) in paragraph (5)—

(i) in sub-paragraph (a) for the words “appointing authority” there shall be substituted the words “Secretary of State”, and

(ii) in sub-paragraph (b) for the words from “appointing authority” to “that he” there shall be substituted the words “Secretary of State that at the time of that person’s appointment he was so disqualified, he shall forthwith declare that the person”.

(7) In regulation 12(5) (cessation of disqualification under regulation 11(1)(d))—

(a) for the words “the appointing authority” there shall be substituted the words “the Secretary of State”; and

(b) the words “or by that appointing authority” shall be omitted.

(1)

S.I. 1990/2024, as amended by S.I. 1990/2160.