National Health Service (Wales) Act 2006

Part 1 Constitution 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 Strategic Health Authorities and Special Health Authorities, regulations under paragraph 7(8) of Schedule 2 to the National Health Service Act 2006 (c. 41) and under paragraph 3(8) of Schedule 6 to that Act 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.