Made | 3rd November 2003 | ||
Laid before Parliament | 7th November 2003 | ||
Coming into force | 1st December 2003 |
Appointment and tenure of office of chairman and non-officer members
2.
- (1) The chairman and non-officer members shall be appointed by the Secretary of State.
(2) Subject to regulation 5 (termination of tenure of office), the term of office of the chairman and non-officer members shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
(3) 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 -
(c) he has been dismissed within the previous five years, otherwise than by reason of redundancy, from any paid employment with a health service body;
(d) he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that -
(e) he -
and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland and Northern Ireland;
(f) he is subject to a disqualification order under the Company Directors Disqualification Act 1986[16], the Companies (Northern Ireland) Order 1986[17] or to an order made under section 429(2)(b) of the Insolvency Act 1986[18] (failure to pay under county court administration order);
(g) he has been -
(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 chairman or a member of, and in the case of and NHS trust, a member of the board of directors of, the health service body in question.
Cessation 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 having made a composition or arrangement with, or having granted a trust deed for, 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)(d), 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 specifies 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, NHSU 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 three successive meetings of NHSU's Board 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 the 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) The chairman and members may appoint one of the non-officer members 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, NHSU may, and, if so directed by him, shall, appoint committees of NHSU consisting wholly or partly of members of NHSU or wholly of persons who are not members of NHSU.
(2) A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or NHSU, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of NHSU) or wholly of persons who are not members of NHSU or the committee.
(3) Regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of NHSU.
Arrangements for the exercise of functions
8.
Subject to such directions as may be given by the Secretary of State, NHSU may make arrangements for the exercise, on its behalf, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of NHSU, in each case subject to such restrictions and conditions as NHSU thinks fit.
Meetings and proceedings
9.
- (1) The meetings and proceedings of NHSU 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, NHSU 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, NHSU may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of NHSU; 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 matter and is present at any meeting of NHSU at which the 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 matter 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 to be in the interests of the health service that the disability should be removed.
(3) NHSU may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of NHSU 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 -
(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 NHSU and applies to a member of any such committee or sub-committee (whether or not he is also a member of NHSU) as it applies to a member of NHSU.
(9) In this regulation -
Reports by NHSU
11.
NHSU 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.
Public meeting
12.
If, in pursuance of regulation 11, the Secretary of State directs NHSU to make an annual report to him for any particular year or for each year, it shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
John Hutton
Minister of State, Department of Health
3rd November 2003
those members may forthwith call a meeting.
(3) Before each meeting of NHSU, 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 NHSU 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 one 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 NHSU which is convened for the purpose of appointing a person to act as the chief executive (who is also to have the title of vice chancellor designate).
6.
- (1) The minutes of the proceedings of a meeting shall be drawn up and shall be signed at the next 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.
[3] See section 8 of the National Health Service Act 1977 ("the 1977 Act").back
[4] See section 11 of the 1977 Act.back
[5] See 16A of the 1977 Act.back
[6] See section 5 of the 1990 Act.back
[7] See section 16BA of the 1977 Act.back
[8] 1978 c. 29. Section 2 was amended by the 1983 Act, Schedule 7, paragraph 1 and by the 1990 Act, section 25; section 4 was amended by the Health and Medicines Act 1988 (c. 49) ("the 1988 Act"), section 12(3) and Schedule 3; section 10 was amended by the Health Services Act 1980 (c. 53) ("the 1980 Act"), Schedule 6, paragraph 2 and the 1990 Act Schedule 10; section 12A was inserted by the 1990 Act, section 31 and amended by section 46(1) of the 1999 Act.back
[9] Section 29 was extended by the 1988 Act, section 17; and amended by the following: the 1980 Act, sections 1 and 7 and Schedule 1, paragraph 42(b); the 1983 Act, Schedule 6, paragraph 2; the Medical Act 1983 (c. 54), section 56(1) and Schedule 5, paragraph 16(a); by S.I. 1985/39, article 7(3); the 1995 Act, Schedule 1, paragraph 18; the National Health Service (Primary Care) Act 1997 (c. 46) ("the 1997 Act"), Schedule 2, paragraph 8; the 2001 Act, section 17, and the 2002 Act, Schedule 2, paragraph 3; section 36(1) was so numbered by the 1984 Act, Schedule 3, paragraph 5(1) and amended by S.I. 1981/432, article 3(3)(a); by S.I. 1985/39, article 7(10); by the 1988 Act, Schedule 2, paragraph 4; by the 1990 Act, section 24 and by the 1995 Act, Schedule 1, paragraph 25(a); section 36(4)-(8) was inserted by the 2001 Act, section 20(1)(4)(c); section 39 was extended by the 1988 Act, section 17; and amended by the 1980 Act, section and Schedule 1, paragraph 52; by the 1984 Act, section 1(4), Schedule 1, Part 1, paragraph 1 and Schedule 8, Part 1; by S.I. 1985/39, article 7(12); by the 1995 Act, Schedule 1, paragraph 28; by the 1999 Act, section 9(4) and the 2001 Act, section 20(5) and 23(4); section 42 was substituted by the National Health Service (Amendment) Act 1986 (c. 66), section 3(1); extended by the 1988 Act, section 17; and amended by S.I. 1987/2202, article 4; by the 1990 Act, section 12(3); by the 1995 Act, Schedule 1, paragraph 30; and by the 2001 Act, section 43(2), (3) and (4).back
[10] Section 43D was inserted by the 2001 Act, section 24.back
[11] Section 49N was inserted by the 2001 Act, section 25.back
[12] Section 49S was inserted by the 2001 Act, section 27.back
[13] S.I. 2001/3744. The National Health Service Tribunal was abolished by section 16 of the 2001 Act.back
[14] Section 29B was inserted by the 1997 Act, section 32(1) and section 29B(2A) was inserted by the 2001 Act, section 20(1) and (3) (a) and amended by the 2002 Act, Schedule 2, Part I, paragraph 5(1) and (2).back
[15] Section 49F was inserted by the 2001 Act, section 25.back
[17] S.I. 1986/1032 (N.I.6).back