The National Health Service Trusts (Membership and Procedure) Amendment (England) Regulations 2000

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)(2) (interpretation)—

(a) after the definition of “the Act” insert—

““approved mental health NHS trust” means an NHS trust whose functions include the provision of high security psychiatric services(3) and other services(4) for mentally ill patients and which is approved for the former purpose by the Secretary of State(5)”; and

(b) in the definition of “health service body”(6), in paragraph (a) after “Special Health Authority” insert “, a Primary Care Trust”.

(3) In regulation 2(7) (maximum number of directors)—

(a) at the beginning of paragraphs (1) and (2) insert “Subject to paragraph (3),” and

(b) after paragraph (2) insert—

“(3) In the case of an approved mental health NHS trust—

(a) the maximum number of directors of the NHS trust shall be fourteen, excluding the chairman, and

(b) the NHS trust shall have no more than seven non-executive directors (excluding the chairman) and no more than seven executive directors.”.

(4) In regulation 4 (qualifications for appointments), after paragraph (2) add—

“(3) The executive directors of an approved mental health NHS trust shall include, in addition to those directors specified in paragraph (1), a chief officer with responsibility for high security psychiatric services.”.

(5) In regulation 11(8) (disqualification for appointment of chairman and non-executive directors)—

(a) in paragraph (5)(9), for the words from “the National Blood Authority” to the end substitute the following—

• “(a)

  the National Blood Authority,

  (b)

  the National Health Service Information Authority,

  (c)

  the National Health Service Litigation Authority,

  (d)

  the National Health Service Logistics Authority(10),

  (e)

  the National Institute for Clinical Excellence, or

  (f)

  United Kingdom Transplant(11).”;

(b) in paragraph (6)(12), for “the chairman or a non-executive director of another NHS trust” substitute the following—

• “(a)

  the chairman or a non-executive director of another NHS trust; or

  (b)

  the chairman or a non-officer member of the Ashworth Hospital Authority, the Broadmoor Hospital Authority or the Rampton Hospital Authority”;

(c) after paragraph (6) insert—

“(7) A person shall not be disqualified by paragraph (1)(e) from being the chairman or a non-executive director of an NHS trust by virtue of being the chairman or a non-officer member of a Primary Care Trust during the Primary Care Trust’s preparatory period(13); and in this paragraph “non-officer member” has the same meaning as in regulation 1(2) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000(14).”.

(1)

S.I. 1990/2024, as amended by S.I. 1990/2160, 1996/1755, 1997/2990, 1998/646, 1998/1975 and 1999/945.

(2)

Regulation 1(2) was amended by S.I. 1996/1755, regulation 2(2) and by S.I. 1998/646, regulation 10(2).

(3)

See the 1977 Act, section 4 substituted by the Health Act 1999, section 41.

(4)

See the 1977 Act, section 3(1).

(5)

See the 1990 Act, Schedule 2, paragraph 10(2) inserted by the Health Act 1999, section 41(3).

(6)

The definition of “health service body” was amended by S.I. 1996/1755, regulation 2(2)(b) and by S.I. 1998/646, regulation 10(2)(b).

(7)

Regulation 2 was substituted by S.I. 1998/1975, regulation 2.

(8)

Regulation 11 was amended by S.I. 1990/2160, regulation 2, by S.I. 1998/646, regulation 10(3), and as noted further below.

(9)

Regulation 11(5) was inserted by S.I. 1997/2990, regulation 2(3)(b) and amended by S.I. 1999/945, regulation 2.

(10)

See S.I. 2000/603.

(11)

See S.I. 2000/1621.

(12)

Regulation 11(6) was inserted by S.I. 1998/1975.

(13)

See the 1977 Act, paragraph 2(2) of Schedule 5A inserted by the Health Act 1999, Schedule 1.

(14)

S.I. 2000/89.