The Regional and District Health Authorities (Membership and Procedure) Regulations 1990

PART I GENERAL

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 and—

(a) shall come into force in relation to Regional Health Authorities except for regulations 2(2), 11(7) and 13(1)(f)(ii) on 26th July 1990;

(b) shall come fully into force on 17th September 1990.

(2) In these Regulations, unless the context otherwise requires—

“the 1977 Act” means the National Health Service Act 1977;

“the 1990 Act” means the National Health Service and Community Care Act 1990;

“appointing authority” means—

(a)

in relation to the chairman of an Authority, the Secretary of State; and

(b)

in relation to a member of an Authority, the person or persons responsible for his appointment in accordance with the Schedule;

“Authority” means a Regional or District Health Authority;

“health service body” means—

(a)

a health authority, a Family Health Services Authority or an NHS trust;

(b)

a Health Board, a Special Health Board, the Common Services Agency for the Scottish Health Service or an NHS trust respectively constituted under sections 2, 10, and 12A of the National Health Service (Scotland) Act 1978(1);

(c)

a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984(2);

(d)

The Dental Practice Board or Scottish Dental Practice Board;

(e)

The Public Health Laboratory Service Board; and

(f)

the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970(3);

“member” in relation to a health authority does not include its chairman and “members” and “membership” shall be construed accordingly;

“non-officer member” means a member who is not an officer member and who is appointed under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of the Schedule;

“officer member” means a member of a health authority who is a member by virtue of or appointed under paragraph 1(1)(c), (d) or (e), 2(1)(c), (d) or (e) or 3(1)(c), (d) or (e) of the Schedule;

“relevant Regional Health Authority” means the Regional Health Authority of which the region includes the district of the District Health Authority in question;

“the Schedule” means Part I of Schedule 1 to the 1990 Act;

“trade union” has the meaning assigned to it in section 28 of the Trade Union and Labour Relations Act 1974(4).

(3) In regulation 20—

“public body” includes any body established for the purpose of carrying on, under national ownership, any industry or part of any industry or undertaking, the governing body of any university, university college or college, school or hall of a university and the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907(5).

“securities” means—

(a)

shares or debentures, whether constituting a charge on the assets of the Company or other body or not, or rights or interests in any shares or such debentures, or

(b)

rights (whether actual or contingent) in respect of money lent to or deposited with, any industrial and provident society or building society.

“shares” means shares in the share capital of a company or other body or the stock of a company or other body.

(4) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or a numbered Schedule is a reference to the regulation or Schedule bearing that number in these regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

(1)

1978 c. 29 section 2 was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 1 and by the 1990 Act section 28; section 10 was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 2; section 12A was inserted by the 1990 Act, section 31.

(2)

1984 c. 36.

(3)

1970 c. 46.

(4)

1974 c. 52.

(5)

1907 c.xxxvi.