Made | 6th March 2001 | ||
Laid before Parliament | 7th March 2001 | ||
Coming into force | 1st April 2001 |
(3) In these Regulations, unless the context othewise 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 that regulation.
(4) These Regulations extend to England only.
Tenure of office of chairman and non-officer members
2.
- (1) Subject to regulation 5 (termination of tenure of office), the term of office of the chairman and any non-officer members shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
(2) Subject to Regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
Disqualification for appointment
3.
- (1) Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if -
(f) he has had his name removed, by a direction under section 46 of the Act, from any list prepared under Part II of the Act, and has not subsequently had his name included in such a list or he is suspended as respects the provision of Part II services by a direction made pursuant to section 49A(2) or 49B(1) of the Act (or has had his name removed or is suspended under any corresponding provision having effect in Scotland, Wales or Northern Ireland).
(2) For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
(3) For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his having been the cahirman or a member or director of a health service body.
Cessation of disqualification
4.
- (1) Where a person is disqualified under regulation 3(1)(b) by reason of having been adjudged bankrupt -
(2) Where a person is disqualified under regulation 3(1)(b) by reason of his havng made a composition or arrangement with his creditors -
(3) Subject to paragraph (4), where a person is disqualified under regulation 3(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
(4) Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
(5) Where a person is disqualified under regulation 3(1)(e), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specified when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5.
- (1) The chairman or a non-officer member may resign his office at any time during his term of office by giving notice in writing to the Secretary of State.
(2) Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Agency or of the health service that the chairman or a non-officer member should continue to hold office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.
(3) If the chairman or a non-officer member fails to attend any meeting of the Agency for a period of three months the Secretary of State shall forthwith terminate that person's tenure of office unless he is satisfied that -
(4) Where a person has been appointed to be chairman or a non-officer member, and -
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or non-officer member.
(5) If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) he may forthwith terminate that person's tenure of office by giving him notice in writing to that effect.
Appointment of vice-chairman
6.
- (1) Subject to paragraph (2), the chairman and members may appoint one of their number to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
(2) Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
(3) Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
7.
- (1) Subject to such directions as may be given by the Secretary of State, the Agency may, and, if so directed by him shall, appoint committees of the Agency consisting wholly or partly of members of the Agency or wholly of persons who are not members of the Agency.
(2) A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Agency, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Agency or wholly of persons who are not members of the Agency or the committee.
(3) Regulations 3 and 4 apply to the appointment of members of comittees and sub-committees appointed under this regulation as they apply to the appointment of members of the Agency.
Arrangements for the exercise of functions
8.
Subject to such directions as may be given by the Secretary of State, the Agency may make arrangements for the exercise, on behalf of the Agency, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Agency in each case subject to such restrictions and conditions as the Agency thinks fit.
Meetings and proceedings
9.
- (1) The meetings and proceedings of the Agency shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
(2) Subject to those rules, to regulation 10 (disability on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Agency shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
(3) Subject to such Directions as may be given by the Secretary of State, the Agency may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Agency; but subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10.
- (1) Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Agency at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract or other matters or vote on any question with respect to it.
(2) The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the diability should be removed.
(3) The Agency may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Agency while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
(4) Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
(5) Subject to paragraphs (2) and (6), the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if -
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
(6) Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only -
(7) Where the chairman or a member -
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter, or from voting on any question with respect to it without prejudice however to his duty to disclose his interest.
(8) This regulation applies to a committee or sub-committee as it applies to the Agency and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Agency) as it applies to a member of the Agency.
(9) In this regulation -
Reports by the Agency
11.
The Agency shall make reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and shall furnish to the Secretary of State such information as he may from time to time require.
Signed by authority of the Secretary of State for Health
Parliamentary Under-Secretary of State,
Department of Health
(3) Before each meeting of the Agency, a notice of the meeting which -
shall be delivered to each member, or sent by post to his last known address, at least seven clear days before the day of the meeting.
(4) The proceedings of any meeting shall not be invalidated by a failure to deliver such notice to any member.
(5) In the case of a meeting called under sub-paragraph (2) above by members, the notice shall be signed by those members and no business other than that specified in the notice shall be transacted at the meeting.
3.
- (1) At any meeting of the Agency the chairman or, in his absence, the vice-chairman (if there is one and he is present) shall preside.
(2) If the chairman and any vice-chairman are absent, such other non-officer member present as the other members present shall choose for the purpose shall preside.
4.
Every question at a meeting shall be determined by a majority of votes of the members present and competent to vote on the question and, in the case of an equality of votes, the chairman or, in his absence, the person presiding at the meeting shall have a second or casting vote.
5.
- (1) Subject to sub-paragraph (2) below, no business shall be transacted at any meeting unless at least a third of the membership (the chairman being included for this purpose in the reckoning) is present;
(2) The chairman and at least two members shall be present at the meeting of the Agency which is convened for the purpose of appointing a person to act as the Chief Executive.
6.
- (1) The minutes of the proceedings of a meeting shall be drawn up and shall be signed at the next ensuing meeting by the person presiding at that next meeting.
(2) The names of the members present at a meeting shall be recorded in the minutes.