The Health Authorities (Membership and Procedure) Regulations 1996

Regulation 2(2).

SCHEDULE 1 AUTHORITIES WITH A UNIVERSITY MEMBER

(1)	(2)
Authority	University
Avon Health Authority	University of Bristol
Birmingham Health Authority	University of Birmingham
Bro Taf Health Authority	University of Wales
Cambridge & Huntingdon Health Authority	University of Cambridge
Camden & Islington Health Authority	University of London
Ealing, Hammersmith & Hounslow Health Authority	University of London
East London & The City Health Authority	University of London
Kensington & Chelsea and Westminster Health Authority	University of London
Lambeth, Southwark and Lewisham Health Authority	University of London
Leeds Health Authority	University of Leeds
Leicestershire Health Authority	University of Leicester
Liverpool Health Authority	University of Liverpool
Manchester Health Authority	University of Manchester
Merton, Sutton and Wandsworth Health Authority	University of London
Newcastle & North Tyneside Health Authority	University of Newcastle-upon-Tyne
Nottingham Health Authority	University of Nottingham
Oxfordshire Health Authority	University of Oxford
Salford and Trafford Health Authority	University of Manchester
Sheffield Health Authority	University of Sheffield
Southampton and South-West Hampshire Health Authority	University of Southampton

Regulation 10(1)(g).

SCHEDULE 2 SPECIAL HEALTH AUTHORITIES OF WHICH THE CHAIRMAN AND MEM BERS ARE NOT DISQUALIFIED UNDER REGULATION 10(1)(g)

• Health Education Authority

• Health Promotion Authority for Wales

• Mental Health Act Commission

• National Health Service Supplies Authority

Regulation 15(1).

SCHEDULE 3 RULES AS TO MEETINGS AND PROCEEDINGS OF AUTHORITIES

1.  The first meeting of an 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 may call a meeting of the Authority at any time.

(2) If the chairman refuses to call a meeting after a requisition for that purpose, signed by at least one-third of the members, has been presented to him, or if, without so refusing, the chairman does not call a meeting within seven days after such requisition has been presented to him, such one-third or more members may forthwith call a meeting.

(3) Before each meeting of an Authority, a notice of the meeting, specifying the business proposed to be transacted at it, and signed by the chairman or by an officer of the Authority authorised by the chairman to sign on his behalf shall be delivered to every member, or sent by post to the usual place of residence of such member, so as to be available to him at least three clear days before the meeting.

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

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

3.—(1) At any meeting of an Authority the chairman, if present, shall preside.

(2) If the chairman is absent from the meeting the vice-chairman, if there is one and he is present, shall preside.

(3) If the chairman and vice-chairman are absent, such non-officer member as the members present shall choose shall preside.

4.  Every question at a meeting shall be determined by a majority of the votes of the chairman and members present and voting on the question and, in the case of any equality of votes, the person presiding shall have a second and casting vote.

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

6.  No business shall be transacted at a meeting unless—

(a) the number present is not less than one-third of the whole membership of the Authority (the chairman being for this purpose included in the reckoning); and

(b) those present include at least one officer member and one non-officer member.

7.  The minutes of the proceedings of a meeting shall be drawn up and submitted for agreement at the next meeting of the Authority where, if agreed, they shall be signed by the person presiding over it.

8.  Where the office of member of an Authority is shared jointly by more than one person in pursuance of regulation 3—

(a) either or both of those persons may attend and take part in meetings of the Authority;

(b) if both are present at a meeting they may cast one vote if they agree;

(c) in the case of disagreement no vote shall be cast by either of them;

(d) the presence of either or both of those persons shall count as the presence of one person for the purposes of paragraph 6 of this Schedule.

Regulation 17(1) and (2).

SCHEDULE 4 REGULATIONS REVOKED, AND REGULATIONS APPLYING PROVISIONS OF REVOKED REGULATIONS

PART I REGULATIONS REVOKED

(1)	(2)
Regulations	References
The Family Health Services Authorities (Membership and Procedure) Regulations 1990	S.I. 1990/1330
The Regional and District Health Authorities (Membership and Procedure) Regulations 1990	S.I. 1990/1331
The Regional and District Health Authorities (Membership and Procedure) Amendment Regulations 1990	S.I. 1990/1758
The Regional and District Health Authorities (Membership and Procedure) Amendment Regulations 1991	S.I. 1991/329
The Regional and District Health Authorities (Membership and Procedure) Amendment (No. 2) Regulations 1991	S.I. 1991/2041
The Regional and District Health Authorities (Membership and Procedure) Amendment Regulations 1992	S.I. 1992/368
The Regional and District Health Authorities (Membership and Procedure) Amendment Regulations 1993	S.I. 1993/573
The National Health Service (Regional and District Health Authorities) (Miscellaneous Amendments) Regulations 1994	S.I. 1994/682
The Regional and District Health Authorities (Membership and Procedure) Amendment Regulations 1994	S.I. 1994/1262

PART II REGULATIONS APPLYING PROVISIONS OF REVOKED REGULATIONS

(1)	(2)
Regulations	References
The Welsh Health Common Services Authority Regulations 1990	S.I. 1990/2648
The United Kingdom Transplant Support Service Authority Regulations 1991	S.I. 1991/408
The Health Promotion Authority for Wales Regulations 1991	S.I. 1991/1103
The National Health Service Supplies Authority Regulations 1991	S.I. 1991/2002
The National Blood Authority Regulations 1993	S.I. 1993/586
The Dental Vocational Training Authority Regulations 1993	S.I. 1993/2210

Regulation 17(4).

SCHEDULE 5 AMENDMENT OF REGULATIONS RELATING TO MEMBERSHIP AND PRO CEDURE OF SPECIAL HEALTH AUTHORITIES

1.  For regulation 9 of the Mental Health Act Commission Regulations 1983(1) (application of regulations relating to membership) there shall be substituted the following regulation—

“9.   The provisions of regulation 10(1)(a) to (e), (2) and (3) (disqualification for appointment) and regulation 11 (cessation of disqualification) of the Health Authorities (Membership and Procedure) Regulations 1996 shall apply in relation to the Commission as if—

(a) any reference in them to an Authority included a reference to the Commission;

(b) any reference in them to the appointing authority were a reference to the Secretary of State.”.

2.  For regulation 4 of the Health Education Authority Regulations 1987(2) (application of regulations relating to membership and procedure) there shall be substituted the following regulation—

“4.   The provisions of regulation 8(5), (6) and (7) (termination of tenure of office), regulation 9 (eligibility for re-appointment), regulation 10(1)(a) to (h) and (l), (2) and (3) (disqualification for appointment), regulation 11 (cessation of disqualification), regulation 12 (appointment of vice-chairman), regulation 13 (powers of vice-chairman), regulation 14(1) and (2) (appointment of committees and sub-committees), regulation 15 (meetings and proceedings) and regulation 16 (disability on account of pecuniary interest) of and Schedule 3 to the Health Authorities (Membership and Procedure) Regulations 1996 shall apply in relation to the Authority as if—

(a) any reference in them to an Authority included a reference to the Authority;

(b) any reference in them to the appointing authority were a reference to the Secretary of State;

(c) in regulation 10(1)—

(i) in sub-paragraph (f), the reference to paragraph (3) of regulation 8 were a reference to regulation 3(2) of these Regulations;

(ii) for sub-paragraph (g) there were substituted the following sub-paragraph—

“(g) he is a chairman or vice-chairman of another Special Health Authority or of a Health Authority;”;

(d) any reference in regulation 14 or 15 to Authorities were a reference to Special Health Authorities.”.

3.  In the Prescription Pricing Authority Regulations 1990(3)—

(a) in regulation 1(2) (interpretation) for the definition of “the Procedure Regulations” there shall be substituted the following definition—

““the Procedure Regulations” means the Health Authorities (Membership and Procedure Regulations 1996.”;

(b) in regulation 9(b) the words—

“, and

(ii) paragraph 1 of Schedule 1,”

shall be omitted;

(c) for the Schedule there shall be substituted the following Schedule—

Regulation 9

“SCHEDULE

(1)	(2)	(3)
Provision of the Procedure Regulations	Description	Modification
Regulation 8(1)–(7)	Termination of tenure of office	As if in paragraph (4) the words “in the area for which an Authority acts” were omitted.
Regulation 9	Eligibility for re-appointment
Regulation 10(1)(a)–(f), (h) and (1), (2) and (3)	Disqualification for appointment	As if in paragraph 1(f) the reference to regulation 8 were a reference to that regulation subject to the modification specified in this column in relation to that regulation.
Regulation 11	Cessation of Disqualification
Regulation 15	Meetings and proceedings
Regulation 16	Disability on account of pecuniary interest
Schedule 3	Rules as to meetings and proceedings	As if in paragraph 6 for the words“one-third” there were substituted the words “one-half”; and as if sub-paragraph (b) were omitted.”

4.  In regulation 5 of the Welsh Health Common Services Authority Regulations 1990(4) (application of regulations)—

(a) the words “regulation 18 (arrangements for the exercise of functions),” shall be omitted;

(b) after paragraph (c) there shall be added the following paragraph—

“(d) in regulation 17(1) the reference to health authorities included a reference to Special Health Authorities.”.

5.  In regulation 8 of the United Kingdom Transplant Support Service Authority Regulations 1991(5) (application of regulations relating to membership and procedure)—

(a) the words “regulation 18 (arrangements for the exercise of functions),” shall be omitted;

(b) in paragraph (c) for the words “regulation 13(1)(c)” there shall be substituted the words“regulation 13(1)(e)”;

(c) after paragraph (c) there shall be inserted the following paragraph—

“(cc) in regulation 17(1) the reference to health authorities included a reference to Special Health Authorities;”.

6.  In regulation 3 of the Health Promotion Authority for Wales Regulations 1991(6) (application of regulations)—

(a) the words “regulation 18 (arrangements for the exercise of functions),” shall be omitted;

(b) after paragraph (c) there shall be added the following paragraph—

“(d) in regulation 17(1) the reference to health authorities included a reference to Special Health Authorities.”.

7.  In regulation 5 of the National Health Service Supplies Authority Regulations 1991(7) (application of regulations relating to membership and procedure)—

(a) the words “regulation 18 (arrangements for the exercise of functions),” shall be omitted;

(b) after paragraph (d) there shall be inserted the following paragraph—

“(dd) in regulation 17(1) the reference to health authorities included a reference to Special Health Authorities;”.

8.  In paragraph (1) of regulation 6 of the National Blood Authority Regulations 1993(8) (application of Regulations relating to membership and procedure)—

(a) in sub-paragraph (c) the words “regulation 18 (arrangements for the exercise of functions),” shall be omitted;

(b) for the words from “as if any” to the end of the paragraph there shall be substituted the following words—

“as if—

(i) any reference therein to an Authority included a reference to the Authority;

(ii) in regulation 13(1)(e) the reference to paragraph (3) of regulation 11 were a reference to regulation 4(2) of these Regulations;

(iii) in regulation 17(1) the reference to health authorities included a reference to Special Health Authorities.”.

9.  In regulation 5(1)(b) of the Dental Vocational Training Authority Regulations 1993(9) (application of regulations relating to membership and procedure) at the end there shall be added the words “but as though the reference to paragraph (b) of regulation 4 were a reference to regulation 3(3) of these Regulations.”.

10.  In the Microbiological Research Authority Regulations 1994(10)—

(a) in regulation 1(2) (interpretation) there shall be added at the end the following definition—

““the 1996 Regulations” means the Health Authorities (Membership and Procedure) Regulations 1996.”;

(b) in regulation 3 (tenure of office) for the words “the 1990 Regulations” there shall be substituted the words “the 1996 Regulations”;

(c) in regulation 5 (eligibility for reappointment) for the words “the 1990 Regulations” there shall be substituted the words “the 1996 Regulations”;

(d) for regulation 6 (application of Regulations relating to membership and procedure) there shall be substituted the following regulation—

“Application of Regulations relating to membership and procedure

6.— (1) Subject to paragraphs (2) to (6) of this regulation, the following provisions of the 1996 Regulations shall apply to the Authority:—

(a) regulation 5 (termination of tenure of office, and suspension, of officer members);

(b) regulation 8(3), (5), (6) and (7) (termination of non-officer member’s tenure of office), regulation 10(1)(a) to (f), (2) and (3) (disqualification for appointment) and regulation 11 (cessation of disqualification); and

(c) regulation 12 (appointment of vice-chairman), regulation 13 (powers of vice-chairman), regulation 14 (appointment of committees and sub-committees), regulation 15 (meetings and proceedings), regulation 16 (disability on account of pecuniary interests), and Schedule 3 (rules as to meetings and proceedings);

and regulation 1(2) to (4) (interpretation) so far as it relates to those provisions.

(2) Regulations 5(1) and (2) of the 1996 Regulations shall not apply in the case of the chief officer.

(3) Regulation 10(1)(f) of the 1996 Regulations shall apply as if the reference to paragraph (4) of regulation 8 were a reference to regulation 4(2) of these Regulations.

(4) Regulations 14 and 15 of the 1996 Regulations shall apply as if any reference in those regulations to Authorities were a reference to Special Health Authorities.

(5) The provisions of the 1996 Regulations referred to in paragraph (1)(b) of this regulation shall not apply in relation to officer members.

(6) In the application to the Authority of any provisions of the 1996 Regulations specified in paragraph (1) of this regulation—

(a) any reference in those provisions to an Authority shall be construed as a reference to the Authority;

(b) the expressions “appointing authority”, “non-officer member” and “officer member” in those provisions shall have the same meanings as in these Regulations; and

(c) the expression “appointed officer member” in those provisions shall mean an officer member who is appointed in accordance with regulation 2(2) of these Regulations.”.

(1)

S.I. 1983/894; regulation 9 was substituted by S.I. 1990/1331.

(2)

S.I. 1987/7, amended by S.I. 1990/1331.

(3)

S.I. 1990/1719.

(4)

S.I. 1990/2648.

(5)

S.I. 1991/408, to which there are amendments not relevant to these Regulations.

(6)

S.I. 1991/1103.

(7)

S.I. 1991/2002.

(8)

S.I. 1993/586.

(9)

S.I. 1993/2210.

(10)

S.I. 1994/602.