2009 No. 95
The Regional Health and Social Care Board (Membership) Regulations (Northern Ireland) 2009
Made
Coming into operation
The Department of Health, Social Services and Public Safety makes the following regulations in exercise of the powers conferred by section 7(2) of, and paragraphs 3 and 18(1) of Schedule 1 to, the Health and Social Care (Reform) Act (Northern Ireland) 20091:
Citation, commencement and interpretationI11
1
These regulations may be cited as the Regional Health and Social Care Board (Membership) Regulations (Northern Ireland) 2009 and shall come into operation on 1st April 2009.
2
In these regulations—
“the Act” means the Health and Social Care (Reform) Act (Northern Ireland) 2009;
“bankruptcy restrictions order” means an order made under paragraph 1 of Schedule 2A of the Insolvency (Northern Ireland ) Order 19892F13or Schedule 4A of the Insolvency Act 1986;
“charity trustee” means one of the persons having the general control and management of the administration of a charity;
F14”debt relief restrictions order” means an order made under Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989 or Schedule 4ZB to the Insolvency Act 1986;
F1“former health service body” means a Strategic Health Authority, a Primary Care Trust or the Health Protection Agency;
“health service body” means—
- a
any of the following within the meaning of the National Health Service Act 20063–
- b
any of the following within the meaning of the National Health Service (Scotland) Act 19784–
- i
a Health Board;
- ii
a Special Health Board;
- iii
the Common Services Agency for the Scottish Health Service;
- iv
the Scottish Dental Practice Board;
- i
- c
the Wales Centre for Health established under section 2 of the Health (Wales) Act 20035;
- d
F4...
- e
the Care Quality Commission established under section 1 of the Health and Social Care Act 20087;
- a
“trustee for a charity” is a person not being a charity trustee, in whom legal title to the property of the charity is vested.
MembershipI22
1
The prescribed number of persons appointed by the Department for the purposes of paragraph 3(1)(b) of Schedule 1 to the Act shall be 7.
2
The prescribed officers for the purposes of paragraph 3(1)(d) of Schedule 1 to the Act shall be—
a
the Director of Social Care and Children; and
b
the Director of Finance.
3
The prescribed number of officers for the purposes of paragraph 3(1)(e) of Schedule 1 to the Act shall be 2.
Joint membershipI33
Where more than one person is appointed jointly to a post in the Regional Board which qualifies the holder for membership in accordance with paragraph 3(1)(d) of Schedule 1 to the Act or in relation to which an officer is to be appointed in accordance with paragraph 3(1)(e) of Schedule 1 to the Act those persons shall become or be appointed as a member jointly, and shall count for the purposes of regulation 2 as one person.
Disqualification for appointmentI44
F121
Subject to regulation 5, a Chair or a person appointed under regulation 2(1) shall be disqualified for appointment if that person –
a
has within five years of the day the appointment would otherwise have taken effect been convicted whether in the United Kingdom or elsewhere of any offence and has been given a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
has been dismissed, other than by reason of redundancy, from any paid employment with the Department, a health and social care body F5, a health service body or a former health service body ;
c
is the subject of a bankruptcy restrictions order F15or he is the subject of a debt relief restrictions order;
d
e
has been—
i
removed from the office of charity trustee or trustee for a charity in Northern Ireland or by an order made by the Charity Commissioners or the High Court in England and Wales on the grounds of any misconduct or mismanagement in the administration of the charity for which that person was responsible or to which that person was privy, or which that person by his conduct contributed to or facilitated; or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 199011 (powers of the Court of Session to deal with management of charities), from being concerned in the management or control of any body;
f
is a Chair, chairman, member or non-executive director of a health and social care body or a health service body F6(other than a clinical commissioning group);
F7fa
is the chair or a member of the governing body of a clinical commissioning group;
g
holds any paid employment or office with the Department, a health and social care body or a health service body;
h
is a person who has been removed from the office as the Chair, chairman, member or non-executive director of a health and social care body F8, a health service body (other than a clinical commissioning group) or a former health service body;
F9i
is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group.
2
For the purposes of paragraph 1(a)–
a
the date of conviction shall be 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; and
b
there shall be disregarded—
i
any conviction by or before a court outside the United Kingdom for an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom;
ii
any sentence of imprisonment passed by such a court on a person who at the time the sentence was passed was under 21 years of age.
3
For the purposes of paragraph 1(b)–
a
a person shall not be treated as having been in paid employment by reason only of his being
F10i
a Chair, chairman, member or non-executive director of a health and social care body F11, a health service body (other than a clinical commissioning group) or a former health service body, or
ii
the chair or a member of the governing body of a clinical commissioning group; and
b
“dismissed” excludes dismissal which was established to have been unfair in industrial tribunal proceedings.
Cessation of disqualificationI55
1
Subject to paragraph (2), where a person is disqualified under regulation 4(1)(b) (dismissed employees) that person may, after the expiry of a period of not less than two years, apply in writing to the Department to remove the disqualification and the Department may direct that the disqualification shall cease.
2
Where the Department refuses an application to remove a disqualification no further application may be made by that person until the expiration of two years from the date of the application.
3
Where a person is disqualified under regulation 4(1)(h) (certain Chairs, chairmen, members and non-executive directors whose appointments have been terminated), the disqualification shall cease on the expiry of a period of two years or such longer period as the Department specifies when terminating the period of office but the Department may, on application being made to it by that person, reduce the period of disqualification.
Annual reportI66
The Regional Board shall, in respect of each financial year, prepare and send to the Department a report on the exercise of its functions which shall—
a
specify the financial year to which it relates;
b
describe the organisational structure of the Regional Board and the matters for which the Regional Board is responsible;
c
review the Regional Board’s activities during that year, including details of—
i
the priorities and objectives which have been set;
ii
the achievements of the Regional Board, measured by reference to the priorities and objectives which have been set; and
iii
the co-operation with other bodies to secure improvement in the health and social well-being of people in Northern Ireland;
d
specify any material events affecting performance; and
e
include the names of any persons who at any time during the relevant financial year have been a member of the Regional Board.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 11th March 2009
(This note is not part of the regulations)