The Commission for Health Improvement (Membership and Procedure) Regulations 1999

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Commission for Health Improvement (Membership and Procedure) Regulations 1999 and shall come into force on 1st November 1999.

(2) In these Regulations—

“the Act” means the Health Act 1999;

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

“the Assembly” means the National Assembly for Wales established by section 1 of the Government of Wales Act 1998(1);

“the Commission” means the Commission for Health Improvement established by section 19 of the Act;

“chairman” means, unless the context otherwise requires, the chairman of the Commission;

“the health service” shall be construed in accordance with section 128(1) of the 1977 Act;

“health service body” means—

(a)

a Health Authority, Special Health Authority or NHS trust;

(b)

a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(2); or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust respectively constituted under sections 4, 10 and 12A of that Act;

(c)

the Dental Practice Board constituted under section 37(1) of the 1977 Act;

(d)

the Public Health Service Laboratory Board continued in being by section 5(4) and (5) of, and Schedule 3 to, the 1977 Act;

(e)

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

“lay member” means a person who is not—

(a)

a holder of a paid appointment or office with any health service body;

(b)

a registered medical practitioner;

(c)

a person registered in the dentists register under the Dentists Act 1984(4);

(d)

a registered nurse, midwife or health visitor;

(e)

a pharmacist registered in the register of pharmaceutical chemists;

(f)

an ophthalmic optician, other than a body corporate enrolled in the list kept under section 9 of the Opticians Act 1989(5);

(g)

a person who is registered as a member of a profession to which the Professions Supplementary to Medicine Act 1960(6) extends;

(h)

a registered osteopath as defined by section 41 of the Osteopaths Act 1993(7); or

(i)

a registered chiropractor as defined by section 43 of the Chiropractors Act 1994(8);

“member” in relation to the Commission includes the chairman.

(3) In these Regulations—

(a) unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation 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 the regulation; and

(b) in relation to the member appointed by the Assembly under paragraph 4(b) of Schedule 2 to the Act, any reference to the Secretary of State, unless the context otherwise requires, is to be construed as a reference to the Assembly.

(1)

1998 c. 38.

(2)

1978 c. 29. Section 2 was amended by the Health and Social Services and Social Security Adjudication Act 1983 (c. 41), Schedule 7, paragraph 1 and by the 1990 Act, section 25; section 4 was amended by the Health and Medicines Act 1988 (c. 49), section 12(3) and Schedule 3; section 10 was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 2 and the 1990 Act, Schedule 10; section 12A was inserted by the 1990 Act, section 31 and amended by section 46(1) of the 1999 Act.

(3)

1970 c. 46.

(4)

1984 c. 24.

(5)

1989 c. 44.

(6)

1960 c. 66.

(7)

1993 c. 21.

(8)

1994 c. 17.