Made | 24th March 2004 | ||
Coming into force | 1st April 2004 |
and for this purpose the Assembly shall determine the number of members to be appointed by each of the categories of the appointing authorities mentioned in sub-paragraphs (a) and (b) above.
(2) The Assembly shall exercise its powers of determination under paragraph (1) so as to secure that no later than April 2006 -
(3) In addition to the members appointed in accordance with paragraphs (1) and (2), a Council may from time to time appoint such co-opted members as appear to the Council to be necessary or expedient for the performance by a Council of its duties.
(4) Co-opted members may not vote in any meetings or proceedings of a Council.
Term of office of members
3.
- (1) Subject to the following provisions of this regulation and to regulations 9 and 10 (disqualification for, and termination of, membership), the term of office of any member shall be -
(2) Where a new Council is to be established for the district or part of a district of an existing Council, the Assembly may determine that the term of office of any member of the existing Council shall cease immediately before the establishment of the new Council and if a member whose term of office is terminated pursuant to this paragraph is appointed as a first member of the new Council, the term of office of that member shall be the unexpired period of that member's term of office as a member of the existing Council.
Period of appointment of co-opted members.
4.
Co-opted members may not be appointed for a period exceeding one year and shall not be re-appointed at the expiry of their term unless the Council decides that such re-appointment is necessary or expedient for the performance by the Council of its duties.
Appointment of members by local authorities
5.
- (1) Where the number of members to be appointed by each relevant local authority allows for more than one member to be appointed by each relevant local authority, any further members shall be appointed by such of the relevant local authorities as those local authorities may by agreement determine, or, in default of agreement by such date as the Assembly may specify for the purpose, as the Assembly may determine.
(2) A person appointed in accordance with this regulation may, but need not, be a member of the local authority which appoints him or her.
(3) Subject to paragraph (4), where a member appointed by a local authority is a member of the appointing local authority, he or she shall, on ceasing to be a member of the appointing local authority, cease also to be a member of the Council at the end of the period of two months beginning with the date on which he or she ceased to be a member of the appointing local authority.
(4) In a case to which paragraph (3) applies the local authority may, during the period referred to in that paragraph, give notice in writing to the Chief Officer and to the Assembly that the person appointed is to continue as a member of the Council.
Appointment of members by voluntary organisations
6.
- (1) The Assembly shall invite such voluntary organisations as it may determine as having sufficient interest in the health service in the district of a Council, to take part in the appointment of persons to a Council.
(2) Subject to paragraph (3), the voluntary organisations invited to take part in making appointments to a Council shall, by agreement between them, determine which of them, acting either alone or jointly shall make the appointment.
(3) In default of agreement for the purposes of paragraph (2) by such date as the Assembly may specify for the purpose the Assembly shall determine which of the voluntary organisations shall make any appointment and whether the appointments should be made by one or more such organisations acting alone or jointly with one or more other such organisations.
(4) A member appointed in accordance with this regulation may, but need not, be a member of the voluntary organisation which appoints him or her.
Procedures for appointment of members
7.
The appointing bodies shall ensure that appropriate arrangements are in place for the selection and appointment of persons as members and that those arrangements take into account -
Eligibility of members for reappointment
8.
- (1) Subject to paragraph (2) and to regulation 9, a member shall, on the expiration of his or her term of office, be eligible for reappointment.
(2) A person who has been a member for eight or more consecutive years shall not be eligible for reappointment, unless a period of at least four years has elapsed since he or she was last a member save that, where a Council and the Assembly agree that it is necessary or expedient for the performance by a Council of its duties, a member may be re-appointed for a further period not exceeding one year.
Disqualification for membership
9.
- (1) A person shall be disqualified for appointment as a member, and from being a member, if -
providing services as such within the district of the Council, save that the provisions of paragraph (a) shall not apply to a member who is to serve as an Associate Member of a Local Health Board in accordance with the provisions of the Local Health Board (Constitution, Membership and Procedures) (Wales) Regulations 2003[8].
(2) Subject to paragraph (3), a person shall be disqualified for appointment, and from being a member if he or she has been dismissed, otherwise than by reason of redundancy, from any paid employment with any of the following bodies -
(3) Subject to paragraph (4), where a person is disqualified under paragraph (2) he or she may, after the expiry of not less than two years commencing with the date of the dismissal, apply in writing to the Assembly for the removal of the disqualification, and the Assembly may direct that the disqualification shall cease.
(4) Where the Assembly refuses a person's application for the removal of a disqualification, no further application may be made by that person within two years of the date of that application.
Termination of membership
10.
- (1) A member may resign at any time during the period for which he or she was appointed on giving notice in writing to the Assembly, which shall, if it did not appoint the member forthwith notify the relevant appointing body and the CHC Board.
(2) The date on which a resignation by notice given pursuant to paragraph (1) is to take effect, shall be -
(3) If a member has failed to attend a meeting of the Council, or a committee of the Council, for a period of three months the Council shall notify the CHC Board and report the member's absence to the Assembly and the Assembly shall, unless it is satisfied that -
declare that his or her place on the Council has become vacant and on the making of such a declaration, that person shall cease to be a member.
(4) If the Assembly is of the opinion that it is not in the interests of the health service for a person to continue as a member, the Assembly may, subject to paragraph (5), terminate the member's term of office.
(5) The Assembly shall not terminate a member's term of office under paragraph (4) without having consulted the Council, the CHC Board, and, where the Assembly did not appoint the member, the relevant appointing body.
(6) A person who ceases to be a member by virtue of the operation of paragraph (3) and (4) shall be disqualified from reappointment as a member for a period of four years.
for such periods as they may determine on making the election, not being in any case a longer period than the remainder of the period of the elected member's term of office as a member; and the Chief Officer shall forthwith notify the Assembly and the CHC Board in writing of the names of the persons so elected.
(2) A chair or vice-chair may at any time resign that office by giving notice in writing to the Chief Officer, who shall forthwith notify the Assembly and the CHC Board in writing; and -
elect another vice-chair in accordance with paragraph (1).
Appointment of committees and joint committees
12.
- (1) Subject to paragraph (2), a Council may appoint one or more committees of the Council to exercise, subject to such restrictions and conditions as the Council thinks fit, some, but not all, of the Council's functions.
(2) Except where the Assembly may, in any particular case, otherwise allow, not less than two-thirds of the members of any committee appointed by a Council shall be members of that Council.
(3) A Council may, together with one or more other Councils, appoint a joint committee, of which the members shall consist wholly of members of those Councils, to exercise, subject to such restrictions and conditions as may be agreed between those Councils, some, but not all, of the functions of each of those Councils.
Meetings and proceedings
13.
The provisions of the Schedule to these Regulations shall have effect with respect to the meetings and proceedings of a Council.
Officers
14.
- (1) The Assembly shall appoint a person acceptable to a Council to act as its Chief Officer and shall also, after consultation with the Council and subject to acceptance by the Council of any individual officer appointed, appoint persons to act as such other officers for the Council as the Assembly considers necessary.
(2) The appointment of a person to act as an officer of a Council shall be made by the Assembly in a manner and for a period acceptable to the Council.
(3) Persons appointed in accordance with paragraphs (1) and (2) shall be employed by such Local Health Board as the Assembly may determine for the purpose, in accordance with any regulations made and any directions given by the Assembly under the Act, and their services shall be made available to the Council by that Local Health Board for the period of the appointment.
Premises and other facilities
15.
- (1) The Assembly shall, after consultation with the Council -
but arrangements for the provision of services and accommodation may be made, with the approval of the Assembly, by the members.
(2) To enable a Council to perform its functions -
Reports
16.
- (1) A Council shall by 1st September 2004 and in each successive year -
(2) Upon receipt of the report each relevant Local Health Board or NHS Trust shall -
decisions to be made by that body affecting the operation of those services.
(2) Where a relevant NHS body has under consideration any proposal for a substantial development of the health service in the area of a Council, or for a substantial variation in the provision of such a service, it shall consult that Council.
(3) Paragraphs (1) and (2) shall not apply in respect of proposals to establish a Local Health Board or to vary or revoke a Local Health Board Order or to establish or dissolve a NHS trust.
(4) Paragraphs (1) and (2) shall not apply to any proposals on which the relevant NHS body is satisfied that, in the interests of the health service or because of a risk to safety or welfare of patients or staff, a decision has to be taken without allowing for consultation; but in such case, the relevant NHS body shall notify the Council immediately of the decision taken and the reason why no consultation has taken place.
(5) A Council which has been consulted by a relevant NHS body pursuant to paragraph (2) may make comments on the proposal consulted on by such date as may be specified by the relevant NHS body.
(6) In any case where a Council is not satisfied that -
it may report to the Assembly in writing and the Assembly may require the relevant Local Health Board or relevant NHS Trust, and may request the relevant Primary Care Trust or relevant Strategic Health Authority concerned to carry out such consultation, or further consultation, with a Council as it considers appropriate.
(7) Where further consultation has been required under paragraph (6), the relevant NHS body shall, having regard to the outcome of such consultation, reconsider any decision it has taken in relation to the proposal in question.
(8) In any case where a Council considers that a proposal submitted under paragraph (2) by a relevant Local Health Board or a relevant NHS Trust would not be in the interests of the health service in its area, it may report to the Assembly in writing and the Assembly may make a final decision on the proposal and require the relevant NHS body to take such action, or desist from taking such action, as the Assembly may direct.
Information to be furnished by relevant health bodies
19.
- (1) Subject to paragraph (2), it shall be the duty of each relevant Local Health Board, NHS Trust, Primary Care Trust or Strategic Health Authority to provide a Council with such information about the planning and operation of health services in its area as the Council may reasonably require in order to discharge its functions.
(2) Nothing in paragraph (1) shall require the provision by a Local Health Board, NHS Trust, Strategic Health Authority, or a Primary Care Trust of confidential information relating to -
(3) In the event of a relevant Local Health Board, NHS Trust, Primary Care Trust or Strategic Health Authority refusing to disclose to a Council information to which paragraph (2) does not apply, the Council may appeal to the Assembly and a decision of the Assembly as to whether the information is reasonably required by the Council in order to discharge its functions shall be final for the purposes of this regulation.
Entry and inspection of premises
20.
- (1) Subject to the following paragraphs of this regulation, persons authorised in writing by a Council may at any reasonable time enter and inspect premises owned or controlled by: -
(2) Each person authorised by a Council under paragraph (1) shall be furnished with written evidence of his or her authority and on applying for entry to any premises referred to in paragraph (1) for the purposes specified in that paragraph shall, if so requested by the owner or occupier of those premises or a person acting on either of their behalf, produce that evidence.
(3) A person authorised by a Council under paragraph (1) shall not, save where a Council is of the opinion that it is expedient in the interests of the health service or because of a risk to the safety or welfare of patients or staff, demand admission to any premises referred to in that paragraph as of right unless the person or body which owns or controls the premises has been given reasonable notice of the intended entry
(4) A person authorised by a Council under paragraph (1) may not enter any premises or part of premises used as residential accommodation -
without first having obtained the consent of those persons.
(5) In exercising rights of entry and inspection under this regulation, a Council shall have regard to the need to safeguard patients' safety, privacy and dignity, and to any advice or guidance issued by the Assembly and shall, when it is practicable to do so, co-operate with any other body exercising similar rights pursuant to any enactment.
Meetings between Councils and relevant Local Health Boards
21.
It shall be the duty of each relevant Local Health Board to arrange, not less than once in every year, a meeting between members of the relevant Local Health Board, being not less than one-third of its members, and the members of the Council to discuss such matters as may be agreed between the Council and the Local Health Board.
Independent complaints advocacy
22.
Councils shall provide on behalf of the Assembly the independent advocacy services required to be provided under section 19A of the Act.
Composition of the CHC Board
24.
The CHC Board shall comprise 28 members of which -
Support Staff
25.
- (1) The Assembly shall appoint a person acceptable to the CHC Board to act as its Director and shall also, after consultation with the CHC Board and subject to acceptance by the CHC Board of any individual officer appointed, appoint persons to act as such other officers for the CHC Board as the Assembly considers necessary.
(2) The appointment of a person to act as an officer of the CHC Board shall be made by the Assembly in a manner and for a period acceptable to the CHC Board.
(3) Persons appointed in accordance with paragraphs (1) and (2) shall be employed by such Local Health Board as the Assembly may determine for the purpose, in accordance with any regulations made and any directions given by the Assembly under the Act, and their services shall be made available to the Council by that Local Health Board for the period of their appointment.
Premises and other facilities
26.
- (1) The Assembly shall, after consultation with the CHC Board -
but arrangements for the provision of services and accommodation may be made, with the approval of the Assembly, by the members.
(2) To enable the CHC Board to perform its functions -
Proceedings
27.
- (1) The CHC Board shall adopt a constitution and Standing Orders as it thinks fit.
(2) The constitution and orders so adopted may be varied or revoked at any subsequent meeting of the CHC Board.
(3) The CHC Board may appoint committees and sub-committees which may consist of persons who are not members of the CHC Board.
(4) A representative of the Assembly and a representative of the Local Health Board referred to in regulation 25(3) shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the CHC Board.
Reports
28.
The CHC Board shall, by 1st September 2004 and in each successive year make a report in writing to the Assembly regarding the performance of its functions during the period of twelve months ending on 31st March in that year and such other matters as the Assembly may require.
those members may forthwith call a meeting.
(3) Before each meeting of a Council, a notice of the meeting which -
shall be delivered to each member, or sent by post to his or her usual place of residence or business, at least seven clear days before the day of the meeting.
(4) Want of service of the notice on any member shall not affect the validity of a meeting.
(5) In the case of a meeting called by members in default of the chair, the notice shall be signed by those members and no business shall be transacted at the meeting other than that specified in the notice.
4.
- (1) At any meeting of a Council the chair, if present, shall preside.
(2) If the chair is absent from the meeting a vice-chair, if present, shall preside.
(3) If the chair and vice-chair are absent, such member as the members present shall choose shall preside.
5.
Every question at a meeting shall be determined by a majority of the votes of the members present and voting on the question and, in the case of any equality of votes, the person presiding shall have a second and casting vote.
6.
No business shall be transacted at a meeting unless at least one-third of members (excluding vacancies and co-opted members) are present.
7.
The minutes of the proceedings of a meeting shall be drawn up and submitted for agreement at the next meeting of the Council, where they shall be signed by the person presiding at it.
8.
The names of members present at a meeting shall be recorded in the minutes of the meeting.
9.
In paragraph 3 of this Schedule "chair" includes a vice-chair acting as chair.
functions (regulations 17 to 22) which include a requirement for health service bodies (i.e. Local Health Boards, NHS Trusts, Primary Care Trusts and Strategic Health Authorities), local authorities and providers of family health services (e.g. G.Ps., pharmacists, dentists and opticians) as well as others who own or control promises where such services are provided to allow authorised members of Community Health Councils to inspect premises owned or controlled by them. Whilst reasonable notice of inspection will generally be required, where a Council is of the view that it is interest of the health service or the welfare or safety of patients, notice need not be given (regulation 20). Regulation 22 requires Councils to undertake, on behalf of the National Assembly for Wales, independent advocacy services as required under section 19A of the 1977 Act.
Regulation 23 provides for the establishment of a new statutory body to be known as the Board of Community Health Councils in Wales to advise and assist Community Health Councils in the performance of their functions. The Board will also represent the collective views of Community Health Councils to the National Assembly for Wales and monitor the performance of Community Health Councils with a view to developing and ensuring consistency of standards by all Councils. These Regulations make provision for the composition (regulation 24), staff and premises (regulations 25 and 26), proceedings of the Board (regulation 27) and finance (regulations 29 and 30).
These Regulations revoke, in their application to Wales, the Community Health Councils Regulations 1996, the Community Health Councils Amendment (Wales) Regulations 2000 and the National Health Service (Association of Community Health Councils) Regulations 1977.
[3] Section 20A was inserted by section 1 of the 2003 Act.back
[4] Copies of this document may be obtained by writing to the NHS (Human Resources) Division, the National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.back
[5] Copies of this document may be obtained by writing to the NHS (Human Resources) Division, the National Assembly for Wales, Cathays park, Cardiff, CN10 3NQ.back
[8] SI 2003/149(W.19), regulation 3(4)(m) and Schedule 2 , paragraph 17(a).back
[10] Established by SI 2003/505back