The Local Health Boards (Constitution, Membership and Procedures) (Wales) (Amendment) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which apply in relation to Wales, amend the Local Health Board (Constitution, Membership and Procedures) (Wales) Regulations 2003 (S.I. 2003/149 (W.19)) (“the 2003 Regulations”). The 2003 Regulations make provisions for the constitution and membership of Local Health Boards including their procedures and administrative arrangements. The Regulations amend the 2003 Regulations to make provision for local authorities to appoint persons to represent them on the Board. The Regulations also make provision for the tenure of all Board appointments and for the termination of the appointments of Board members.

2.  The Regulations—

(a) make amendments to regulation 2 of the 2003 Regulations to include NHS Foundation Trusts in the definition of health service body (regulation 3);

(b) amend regulation 3 of the 2003 Regulations to clarify that for the purpose of those Regulations there is a distinction between a chair or vice-chair appointed by the Assembly and other members of the Board (regulation 4);

(c) provide that all members who represent the local authority for the Board’s area are appointed by the local authority (regulation 5(3);

(d) where there are vacancies on a Board, that Board must use all reasonable endeavours to fill that vacancy (regulation 5(4));

(e) remove provision for transitional arrangements for the appointment of first members of the Board. This provision is no longer necessary now that the Boards have been established (regulation 6);

(f) provide for appointment of non-officer members for no longer than four years and provide that where a non-officer member serves on a Board for longer than ten years the Board must seek approval from the National Assembly. They also make provision for transitional arrangements for existing members (regulation 8);

(g) make provision that where a person has been appointed by a local authority that local authority may terminate the appointment at any time (regulation 9);

(h) provides for the National Assembly to terminate the appointment of a chair or vice-chair (regulation 10); and

(i) provides that where a vice-chair has been appointed by the Board but the appointment is terminated by the National Assembly that person continues as a non-officer member (regulation 11).