Statutory Instrument 1993 No. 1615 (S.205)

The Health Boards (Membership and Procedure) (No. 2) Amendment Regulations 1993

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1993 No. 1615 (S.205)

NATIONAL HEALTH SERVICE, SCOTLAND

The Health Boards (Membership and Procedure) (No. 2) Amendment Regulations 1993

The Secretary of State, in exercise of the powers conferred on him by sections 2(10), 105(7) and 108(1) of, and by paragraph 11 of Schedule 1 to the National Health Service (Scotland) Act 1978^[1], as read with article 5 of, and Part I of the Schedule to, the Health Education Board for Scotland Order 1990^[2], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Health Boards (Membership and Procedure) (No. 2) Amendment Regulations 1993 and shall come into force on 26th July 1993.

    (2)  In these Regulations "the principal Regulations" means the Health Boards (Membership and Procedure) (No.2) Regulations 1991^[3].

Amendment to the principal Regulations
    2.    In regulation 5 of the principal Regulations (Resignation and removal of members) there is inserted after paragraph (4) the following paragraph:-
"  (5)  If the Secretary of State considers that it is not in the interests of the health service that a member of a Board should continue to hold that office he may forthwith terminate his appointment." .

Application of Regulations
    3.    These Regulations shall not apply except in relation to a member of a Board who is appointed on or after the coming into force of these Regulations.

Fraser of Carmyllie

Minister of State, Scottish Office
St. Andrew's House, Edinburgh

24th June 1993

These Regulations amend the Health Boards (Membership and Procedure) (No.2) Regulations 1991 (S.I. 1991/809). The amendment provides that the Secretary of State may remove a member of a Health Board from office if he decides that such removal is in the interests of the health service. Regulation 3 restricts the application of the amendment only to those members of Health Boards appointed on or after the date of coming into force of the Regulations.

[1] 1978 c. 29; section 105(7), which was amended by the Health Services Act 1980 (c. 53) ("the 1980 Act"), Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24, contains provisions relevant to the exercise of the statutory powers under which these Regulations are made; section 108(1) contains definitions of "prescribed" and "regulations" relevant to the exercise of the statutory powers under which these Regulations are made; and paragraph 11 of Schedule 1 was amended by the 1980 Act, Schedule 6, paragraph 7(4) and Schedule 7 and by the 1990 Act, Schedule 5, paragraph 7. back

[2] S.I. 1990/2639. back

[3] S.I. 1991/809. back