The Ashworth, Broadmoor and Rampton Hospital Authorities (Functions and Membership) Regulations 1996

Regulation 2(1)

SCHEDULE 1 PROVISIONS OF THE NATIONAL HEALTH SERVICE ACT 1977 CONFERRING FUNCTIONS EXERCISABLE BY THE HOSPITAL AUTHORITIES

(1)	(2)
Provision	Subject Matter
Section 2	Providing services considered appropriate for discharging duties imposed on the Secretary of State and doing other things calculated to facilitate the discharge of any such duty.
Section 3(1)(a) and (b)	Providing hospital and other accommodation.
Section 3(1)(c)(1)	Providing medical, dental, nursing and ambulance services.
Section 3(1)(e)	Providing facilities for the prevention of illness and the care and aftercare of persons suffering from illness.
Section 3(1)(f)	Providing other services required for the diagnosis and treatment of illness.
Section 23(1)(2)	Arranging with any person or body (including a voluntary organisation) for that person or body to provide or assist in providing any service under the Act.
Section 23(2)(3)	Making available to certain persons or bodies (including voluntary organisations) facilities and services of persons employed in connection with such facilities.
Section 23(3)	Agreeing terms and making payments in respect of facilities or services provided under section 23 of the Act.
Section 26(1)(4)	Supplying goods, services and other facilities to local authorities and other public bodies and carrying out maintenance work in connection with any land or building the maintenance of which is a local authority responsibility.
Section 26(2)	Supplying prescribed goods, materials or other facilities to persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services.
Section 26(3)	Making available to local authorities any services or other facilities and the services of employed persons to enable local authorities to discharge their functions relating to social services, education and public health.
Section 26(4)(5)	Making available to local authorities the services of contractors to enable such authorities to discharge their functions relating to social services, education and public health.
Section 27(1) and (2)(6)	Providing for consultation before the services of any officers of a health authority are made available to a local authority.
Section 27(4)	Agreeing terms and charging for services and facilities provided.
Section 81(a)(7)	Charging and recovering the charges for more expensive supplies.
Section 82(a)(8)	Charging for replacement or repair of appliances and vehicles in certain circumstances.
Section 83A(1)(b)(9)	Paying travelling expenses.
Section 87(1) and (2)	Acquiring land or other property required for the purposes of the Act and the use and maintenance of any property belonging to the Secretary of State by virtue of the Act.
Section 121(c)(10)	Determining charges for prescribed services provided in respect of prescribed non-residents.

Regulation 14(1)

SCHEDULE 2 RULES AS TO MEETINGS AND PROCEEDINGS OF THE HOSPITAL AUTHORITIES

1.  The first meeting of the hospital authority shall be held on such day and at such place as may be fixed by the chairman and he shall be responsible for convening the meeting.

2.—(1) The chairman or, in his absence, the vice-chairman may call a meeting of the hospital authority at any time.

(2) If a requisition for a meeting, signed by at least one third of the total number of members, is presented to the chairman and the chairman either—

(a) refuses to call a meeting; or

(b) without so refusing, does not within seven days after the requisition has been presented to him call a meeting,

those members may forthwith call a meeting.

(3) Before each meeting of the hospital authority, a notice of the meeting which—

(a) specifies the business proposed to be transacted at it; and

(b) is signed by the chairman or by an officer of the hospital authority authorised by the chairman to sign on his behalf,

shall be delivered to each member, or sent by post to his last known address, at least seven clear days before the day of the meeting.

(4) Lack of service of the notice on any member shall not affect the validity of a meeting.

(5) In the case of a meeting called under sub-paragraph (2) by members, the notice shall be signed by those members and no business other than that specified in the notice shall be transacted at the meeting.

3.—(1) At any meeting of the hospital authority the chairman or, in his absence, the vice-chairman (if there is one and he is present) shall preside.

(2) If the chairman and any vice-chairman are absent, such other non-officer member present as the other members present shall choose for the purpose shall preside.

4.—(1) Subject to sub-paragraph (2), every question at a meeting shall be determined by a majority of the votes of the members present and competent to vote on the question and, in the case of an equality of votes, the chairman or, in his absence, the person presiding at the meeting shall have a second or casting vote.

(2) Where more than one person has been appointed as an officer member jointly—

(a) those persons shall be entitled to attend meetings;

(b) one of those persons shall be entitled to vote where they are in agreement as to how the vote should be cast;

(c) where they are not in agreement as to how that vote shall be cast, no vote shall be cast;

(d) the presence of one or all of these persons shall count as the presence of one person for the purposes of this Schedule, any directions issued by the Secretary of State and Standing Orders made under regulation 14(2).

5.  The names of the members present at a meeting shall be recorded.

6.—(1) Subject to sub-paragraph (2), no business shall be transacted at any meeting unless a quorum of five members are present including at least two non-officer members and one officer member.

(2) The chairman and at least two non-officer members shall be present at the meeting of the hospital authority which is convened for the purpose of appointing a person to act as the first chief executive.

7.  The minutes of the proceedings of a meeting shall be drawn up and shall be signed at the next ensuing meeting by the person presiding at that next meeting.

(1)

The exercise of functions under section 3(1)(c), (e) and (f) is subject to the limitation described in regulation 2(3).

(2)

Section 23(1) was amended by section 25(4) of and Schedule 7 to the Health Services Act 1980 (c. 53) (“the 1980 Act”).

(3)

Section 23(2) was amended with effect from 1st April 1996 by section 2(1) of and paragraph 13 of Schedule 1 to the Health Authorities Act 1995 (c. 17) (“the 1995 Act”).

(4)

Section 26(1) was amended with effect from 1st April 1996 by section 2(1) of and paragraph 14 of Schedule 1 to the 1995 Act.

(5)

Section 26(4) was inserted by section 3(1) of the 1980 Act.

(6)

Section 27 was amended by section 2(1) of and paragraph 15 of Schedule 1 to the 1995 Act.

(7)

Section 81(a) was amended by section 5 of and paragraph 22 of Schedule 2 to the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”).

(8)

Section 82(a) was amended by section 5 of and paragraph 22 of Schedule 2 to the 1990 Act.

(9)

section 83A(1)(b) was inserted by section 14(1) of the Social Security Act 1988 (c. 7) and amended by section 2(1) of and paragraph 40 of Schedule 1 to the 1995 Act.

(10)

Section 121(c) was amended by section 7(12) and (14) of the Health and Medicines Act 1988 (c. 49).