2. The National Health Service Trusts (Membership and Procedure) Regulations 1990(1) are amended as follows.
3. In regulation 1(2) (citation, commencement and interpretation), for the definition of “director” substitute—
““director”—
in relation to an NHS trust in England includes its chairman;
in relation to an NHS trust in Wales includes its chairman and vice-chair;”.
4. In regulation 2 (maximum number of directors)—
(a)in paragraph (1), after “NHS Trust” insert “in Wales shall be twelve (excluding the Chairman and vice-chair) and in England”;
(b)in paragraph (2), after “NHS Trust” insert “in Wales shall have no more than six non-executive directors (excluding the Chairman and vice-chair), and no more than six executive directors, and an NHS trust in England”.
5. In regulation 7 (tenure of office of chairman and directors)—
(a)in the heading, after “chairman” insert “, vice-chair”;
(b)in paragraph (1), after “NHS trust” insert “in England”;
(c)after paragraph (1) insert—
“(1ZA) Subject to regulation 9, the chairman, vice-chair and non-executive directors of an NHS trust in Wales must be appointed for such period, not exceeding four years, as the Welsh Ministers may specify on making the appointment.”
6. In regulation 9 (termination of tenure of office of chairman and non-executive directors)—
(a)in the heading, after “chairman” insert “, vice-chair”;
(b)in paragraph (1), after “NHS trust” insert “in England”;
(c)after paragraph (1), insert—
“(1A) The chairman, vice-chair or a non-executive director of an NHS trust in Wales may resign from office at any time during the period for which they were appointed by giving notice in writing to the Welsh Ministers.”;
(d)in paragraph (2), for “a trust” substitute “an NHS trust in England”;
(e)after paragraph (2), insert—
“(2A) Where during their period of directorship a non-executive director of an NHS trust in Wales is appointed chairman or vice-chair of the trust, that person’s tenure of office as non-executive director terminates when their appointment as chairman or vice-chair takes effect.”;
(f)in paragraph (3), after “NHS trust” insert “in England”;
(g)after paragraph (3), insert—
“(3A) If the Welsh Ministers are of the opinion that it is not in the interests of the health service for a person appointed as chairman, vice-chair or non-executive director of an NHS trust in Wales to continue to hold that office, the Welsh Ministers may remove that person from office.”;
(h)in paragraph (4), after “NHS trust” insert “in England”;
(i)after paragraph (4), insert—
“(4A) If a chairman, vice-chair or non-executive director of an NHS trust in Wales has not attended a meeting of the trust for a period of three months, the Welsh Ministers may remove that person from office, unless the Welsh Ministers are satisfied that—
(a)the absence was due to a reasonable cause; and
(b)the chairman, vice-chair or non-executive director will be able to attend meetings of the trust within such period as the Welsh Ministers consider reasonable.”;
(j)in paragraph (5) after “NHS trust” insert “in England”;
(k)after paragraph (5), insert—
“(5A) Where a person has been appointed as the chairman, vice-chair or non-executive director of an NHS trust in Wales—
(a)if that person becomes disqualified for appointment under regulation 11, the Welsh Ministers must notify that person in writing of such disqualification; or
(b)if it comes to the notice of the Welsh Ministers that at the time of that person’s appointment they were so disqualified, the Welsh Ministers must declare that the person was not duly appointed and so notify that person in writing,
and upon receipt of any such notification, that person’s tenure of office, if any, is terminated and that person must cease to act as chairman, vice-chair or non-executive director.”;
(l)in paragraph (6) after “NHS trust” insert “in England”;
(m)after paragraph (6), insert—
“(6A) If it appears to the Welsh Ministers that the chairman, vice-chair or non-executive director of an NHS trust in Wales has failed to comply with regulation 20 (disclosure etc. on account of pecuniary interest) the Welsh Ministers may terminate that person’s tenure of office.”
7. In regulation 10(1) (eligibility for reappointment), after “NHS trust” insert “in England, and the chairman, vice-chair or non-executive director of an NHS trust in Wales”.
8. In regulation 11 (disqualification for appointment of chairman and non-executive directors)—
(a)in the heading, after “chairman” insert “, vice-chair”;
(b)in paragraph (1), after “NHS trust” insert “in England, or for appointment as the chairman, vice-chair or non-executive director of an NHS trust in Wales,”;
(c)in paragraph (6)—
(i)at the beginning insert “In relation to England,”;
(ii)after “NHS trust”, in the first place it occurs, insert “in England”;
(d)after paragraph (6) insert—
“(6A) In relation to Wales, a person is not disqualified by paragraph (1)(e) from being the chairman, vice-chair or a non-executive director of an NHS trust in Wales during the period between the date on which it is established and its operational date by virtue of being the chairman, vice-chair or a non-executive director of another NHS trust.”
9. In regulation 13 (appointment of vice-chairman)—
(a)in the heading, after “vice-chairman” insert “in relation to England”;
(b)after paragraph (3), insert—
“(4) This regulation does not apply in relation to an NHS trust in Wales.”
10. In regulation 14 (powers of vice-chairman)—
(a)in the heading, after “vice-chairman” insert “in relation to England”;
(b)in that paragraph, after “NHS trust” insert “in England”.
11. After regulation 14, insert—
14A. Where the chairman of an NHS trust in Wales has died or has otherwise ceased to hold office or where they have been unable to perform their duties as chairman owing to illness, absence from England and Wales or any other cause, the vice-chair of that NHS trust must act as chairman until a new chairman is appointed or the existing chairman resumes the duties of chairman; and references to the chairman in the Schedule to these Regulations must, so long as there is no chairman able to perform those duties, be taken to include references to the vice-chair.”
12. In regulation 17 (committee for appointing chief officer as director)—
(a)the existing provision becomes paragraph (1);
(b)in that paragraph—
(i)at the beginning insert “In relation to”;
(ii)after “NHS trust” insert “in England, the trust”;
(c)after that paragraph insert—
“(2) In relation to an NHS trust in Wales, the trust must appoint a committee whose members must be the chairman, vice-chair and non-executive directors of the trust who must appoint the chief officer as a director of the trust.”
13. In regulation 18 (committee for appointing executive directors other than chief officer)—
(a)the existing provision becomes paragraph (1);
(b)in that paragraph—
(i)at the beginning insert “In relation to”;
(ii)after “NHS trust” insert “in England, the trust”;
(c)after that paragraph insert—
“(2) In relation to an NHS trust in Wales, the trust must appoint a committee whose members must be the chairman, vice-chair, non-executive directors and the chief officer who must appoint the executive directors of the trust other than the chief officer.”
14. In paragraph 3 of the Schedule—
(a)after sub-paragraph (1), insert—
“(1A) In relation to an NHS trust in Wales, if the chairman is absent from the meeting, the vice-chair, if present, must preside.”;
(b)in sub-paragraph (2), at the beginning insert “In relation to any meeting of an NHS trust in England,”;
(c)after sub-paragraph (2), insert—
“(2A) In relation to any meeting of an NHS trust in Wales, if the chairman and vice-chair are absent, such non-executive director as the directors present choose, must preside.”
S.I. 1990/2024, amended by S.I. 1990/2160, S.I. 1996/1755, S.I. 1997/2990, S.I. 1998/1975, S.I. 1999/945, S.I. 2000/603, S.I. 2004/696, S.I. 2004/1016, S.I. 2005/2529, S.I. 2005/2532, S.I. 2006/635, S.I. 2006/946, S.I. 2006/1722, S.I. 2010/425, S.I. 2012/1641, S.I. 2012/2404, S.I. 2013/235 and S.I. 2014/3090.