Patient Information Advisory Group (Establishment) Regulations 2001

Statutory Instruments

2001 No. 2836

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

Patient Information Advisory Group (Establishment) Regulations 2001

Made

6th August 2001

Laid before Parliament

7th August 2001

Coming into force

31st August 2001

The Secretary of State for Health, in exercise of powers conferred by sections 61(1) and (4) and 64(8) of the Health and Social Care Act 2001(1), hereby makes the following Regulations—

Citation, commencement, interpretation and extent

1.—(1) These Regulations, which may be cited as the Patient Information Advisory Group (Establishment) Regulations 2001, shall come into force on 31st August 2001.

(2) In these Regulations—

“the Act” means the Health and Social Care Act 2001;

“the Advisory Group” means the Patient Information Advisory Group established by regulation 2(1) below.

(3) These Regulations extend to England and Wales only.

Establishment of the Advisory Group

2.—(1) For the purposes of section 61(2) and (3) of the Act there is established a committee to be known as the Patient Information Advisory Group.

(2) The Advisory Group shall consist of not less than 12 nor more than 20 members.

Membership of the Advisory Group

3.—(1) The Secretary of State shall appoint members of the Advisory Group for a period of 3 years and, where a person has ceased to be a member of the Advisory Group during the period of his appointment, the Secretary of State may appoint another person for the remainder of that period.

(2) The Secretary of State may re-appoint a person to the Advisory Group where the re-appointment does not extend that person’s periods of membership beyond six years.

(3) The Secretary of State may terminate the membership of any member of the Advisory Group if he considers that member’s continued membership of the Advisory Group to be contrary to the interests of the health service or when a member is unable to participate in the Advisory Group due to ill health.

(4) Any member of the Advisory Group may submit his resignation from the Advisory Group to the chairman of that Group.

(5) Appointments and resignations shall be made in writing or transmitted by electronic means in a legible form which is capable of being used for subsequent reference.

Chairman of the Advisory Group

4.—(1) The Secretary of State shall designate one of the members of the Advisory Group as its chairman.

(2) For any period during which the chairman is unable to discharge his duties, the Advisory Group may by a majority vote elect a member of that Group to be vice chairman to perform them.

Procedure

5.—(1) The Advisory Group shall meet at least four times a year.

(2) The Secretary of State shall appoint a secretary to the Advisory Group whose duties shall include the taking of minutes at the formal meetings of the Advisory Group.

(3) The secretary to the Advisory Group shall be in attendance at all the formally constituted meetings of the Advisory Group.

(4) In the event that the secretary to the Advisory Group is unable to attend any meeting of the Advisory Group the chairman of the Advisory Group shall nominate another person to act as the secretary to that Group.

(5) Where members of the Advisory Group hold differing views on any matter which falls for a decision a majority vote shall be decisive.

(6) The outcome of a vote on matters where the members of the Advisory Group hold differing views shall be formally recorded as votes for a particular view, decision or recommendation and votes against a particular view, decision or recommendation.

(7) The quorum for the meetings of the Advisory Group shall be at least half the membership of the Advisory Group.

(8) The proceedings of the formal meetings of the Advisory Group including minutes and any recommendations of the Advisory Group to the Secretary of State and the attendance list at the formal meetings of that Group shall be publicly available.

Expenses

6.—(1) The Secretary of State shall make payments to the Advisory Group in respect of any expenses which it incurs in the performance of its duties.

(2) Where any member of the Advisory Group has suffered a loss of earnings or has incurred expenses solely to enable him to perform his duties as a member of the Advisory Group, the Secretary of State shall pay to that member a sum sufficient to defray that loss or reimburse that expense.

Accommodation and secretariat

7.  The Secretary of State shall provide such accommodation and secretarial and administrative support to the Advisory Group for the performance of its functions as he may determine.

Jacqui Smith

Minister of State,

Department of Health

6th August 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the establishment of the Patient Information Advisory Group and make provisions relating to its membership and procedure.

Regulation 2 establishes the Advisory Group.

Regulation 3 makes provisions in relation to appointments to the Advisory Group and the terms of membership of the Advisory Group.

Regulation 4 makes provision in relation to the chairman of the Advisory Group.

Regulation 5 makes provision for the procedure to be adopted by the Advisory Group in the conduct of its business. Regulation 5 also provides for the quorum at the meetings of the Advisory Group, the keeping of records of the formal meetings of the Advisory Group and the procedure for decision making at the meetings of the Advisory Group.

Regulation 6 enables the Secretary of State to make payments to the Advisory Group in respect of any expenses which the Advisory Group may incur in the performance of its duties and also to make payments to members of the Advisory Group in respect of expenses or loss of earnings incurred by the members solely to enable them to perform their duties as members.

(1)

2001 c. 15.