Community Health Councils (Amendment) Regulations 2005

Explanatory Note

(This note is not part of these Regulations)

These Regulations amend the Community Health Councils Regulations 2004 (S.I. 2004/905) (W.89) (“the Principal Regulations”).

Regulation 2 of these Regulations inserts a definition of “Board member” and amends the definition of “member” in regulation 1(2) of the Principal Regulations.

Regulation 3 of these Regulations substitutes an amended version of regulation 3 of the Principal Regulations. The principal change is to the term of office of Community Health Council members which will be between one and five years, as specified on appointment.

Regulation 4 of these Regulations inserts a new regulation 3A into the Principal Regulations. This provides that the term of office of members of a Community Health Council who were appointed on or before 31 March 2005 is the unexpired period of their current term of appointment.

Regulation 5 of these Regulations amends regulation 8(1), replaces regulation 8(2) and adds a new paragraph (3) to regulation 8 of the Principal Regulations. The effect of the changes is to provide that the maximum number of years that a person may serve as a member of a Community Health Council is ten. All service as a member of a Community Health Council or Councils regardless of any reorganisations will be aggregated when calculating the ten year maximum period.

Regulation 6 of these Regulations inserts a new regulation 8A into the Principal Regulations. The new regulation 8A provides that members of a Community Health Council who were appointed before 1 April 2005 may serve the remainder of their current term of office even if this would result in them serving more than the prescribed ten year maximum.

Regulation 7 of these Regulations amends regulation 12(3) of the Principal Regulations to make it clear those officers of a Community Health Council as well as members may sit on a joint committee.

Regulation 8 of these Regulations amends regulation 23 of the Principal Regulations to make it a function of the Board of Community Health Councils in Wales to establish a complaints procedure.

Regulation 9 of these Regulations inserts a new regulation 23A into the Principal Regulations which deals with the establishment of a complaints procedure to be followed in respect of complaints about Councils, individual members and the Board of Community Health Councils in Wales.

Regulation 10 of these Regulations amends regulation 24 of the Principal Regulations. The principal changes are to provide that only Community Health Council members and officers can be appointed to the Board of Community Health Councils in Wales, and that the term of appointment of Board members will be for up to three years.

Regulation 11 of these Regulations amends regulation 26 of the Principal Regulations to make it clear that the “members” referred to are members of the Board of Community Health Councils in Wales.

A regulatory appraisal has been prepared and placed in the library of the National Assembly for Wales.