SCHEDULES

SCHEDULE 2Local Health Boards

Part 1Constitution and membership

Status

1

Each Local Health Board is a body corporate.

2

1

A Local Health Board must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

2

A Local Health Board's property must not be regarded as property of, or property held on behalf of, the Crown.

Membership

3

The members of a Local Health Board are—

a

a chairman appointed by the Welsh Ministers,

b

if the Welsh Ministers consider it appropriate, a vice-chairman appointed by them,

c

officers of the Local Health Board, and

d

a number of persons who are not officers of the Local Health Board.

4

1

Regulations may make provision about—

a

the appointment of the chairman, vice-chairman and other members of a Local Health Board (including any conditions to be fulfilled for appointment),

b

the tenure of office of the chairman, vice-chairman and other members of a Local Health Board (including the circumstances in which they cease to hold office or may be removed or suspended from office),

c

how many persons may be appointed as members of a Local Health Board and how many of those members may be officers (a minimum and maximum number may be specified for both purposes),

d

the appointment and constitution of any committees of a Local Health Board (which may include or consist of persons who are not members of the Local Health Board),

e

the appointment and tenure of office of the members of any committees of a Local Health Board,

f

the procedure to be followed by a Local Health Board, and by any committee of the Board, in the exercise of its functions,

g

the circumstances in which a person who is not an officer of the Local Health Board must be treated as if he were such an officer.

2

The power to make provision under paragraphs (c) and (f) of sub-paragraph (1) includes power to make regulations about the number of persons who may be appointed and the procedure to be followed during the preparatory period.

3

Any regulations under this paragraph may, in particular, make provision to deal with cases where the post of any officer of a Local Health Board is held jointly by two or more persons or where the functions of such an officer are in any other way performed by more than one person.

5

Any reference in this Schedule to a committee of a Local Health Board includes a reference to sub-committees of, and joint committees and joint sub-committees including, the Local Health Board.

6

The validity of any proceedings of a Local Health Board, or of any of its committees, is not affected by any vacancy among the members or by any defect in the appointment of any member.

Staff

7

1

A Local Health Board may employ such officers as it considers appropriate.

2

A Local Health Board may—

a

pay its officers such remuneration and allowances, and

b

employ them on such other terms and conditions,

as it considers appropriate.

3

A Local Health Board must—

a

in exercising its powers under sub-paragraph (2), and

b

otherwise in connection with the employment of its officers,

act in accordance with regulations, and any directions given by the Welsh Ministers.

4

Before making any regulations under sub-paragraph (3), the Welsh Ministers must consult such bodies as they may recognise as representing persons who, in their opinion, are likely to be affected by the regulations.

8

1

The Welsh Ministers may direct a Local Health Board—

a

to make the services of any of its officers available to another Local Health Board, or

b

to employ any person who is or was employed by another Local Health Board and is specified in the direction.

2

Sub-paragraph (1) does not affect the generality of section 12.

3

Before they give a direction under sub-paragraph (1) the Welsh Ministers must—

a

consult the person whose services will be made available or who will be employed,

b

satisfy themselves that the Local Health Board has consulted that person, or

c

consult any such body as the Welsh Ministers may recognise as representing that person.

4

Sub-paragraph (2) does not apply in relation to a direction under sub-paragraph (1)(a) if the Welsh Ministers—

a

consider it necessary to give the direction for the purpose of dealing temporarily with an emergency, and

b

have previously consulted bodies recognised by the Welsh Ministers as representing the person whose services are to be made available about the giving of directions for that purpose.

9

In addition to making provision in relation to F1... Special Health Authorities, regulations F2... under paragraph 3(8) of Schedule 6 to F3the National Health Service Act 2006 may also provide—

a

for the transfer of officers of one Local Health Board to another, and

b

for arrangements under which the officers of a Local Health Board are placed at the disposal of another Local Health Board or a local authority.

Remuneration, pensions etc of members

10

1

A Local Health Board may pay the chairman, the vice-chairman (if any) and any other members of the Board such remuneration and such travelling and other allowances as may be determined by the Welsh Ministers.

2

A Local Health Board may pay the chairman or any person who has been chairman of the Board such pension, allowance or gratuity as may be determined by the Welsh Ministers.

3

A Local Health Board may pay the members of any committee of a Board such travelling and other allowances as may be determined by the Welsh Ministers.

4

If, when a person ceases to be chairman of a Local Health Board, the Welsh Ministers determine that there are special circumstances which make it right that that person should receive compensation, the Board must pay to him a sum by way of compensation of such amount as the Welsh Ministers may determine.