The Health Boards (Membership and Procedure) (Scotland) Amendment Regulations 2005

Citation and commencement

1.  These Regulations may be cited as the Health Boards (Membership and Procedure) (Scotland) Amendment Regulations 2005 and shall come into force on 1st April 2005.

Amendment of the Health Boards (Membership and Procedure) (Scotland) Regulations 2001

2.—(1) The Health Boards (Membership and Procedure) (Scotland) Regulations 2001(1) are amended as follows.

(2) In regulation 1(2) (interpretation) omit the definition of “NHS trust”.

(3) In regulation 4 (remuneration of members) omit “, or Chief Officer of a National Health Service trust”.

(4) In regulation 7(1) (appointment and powers of vice-chairperson) omit “, or Chief Officer of a National Health Service trust”.

(5) In regulation 8(3) (meetings and minutes) omit “, or Chief Officer of a National Health Service trust”.

(6) After regulation 9 (standing orders) insert–

“Remote participation in Health Board meetings

9A.— (1) The meetings of a Board and its committees and sub-committees may (as well as being conducted by all members being present together in a pre-determined place) be conducted in any other way in which each member is enabled to participate although not present with others in such a place.

(2) A meeting shall be conducted by virtue of paragraph (1) above only on the direction of the chairperson, whom failing the vice-chairperson, of the Board, committee or, as the case may be, sub-committee.

(3) In relation to meetings so conducted–

(a) regulation 8(2) to (4), 11(1) and paragraphs 4, 5(1) to (3) and 6 of the Schedule have effect as if the references to the presence or absence of the chairperson, vice-chairperson or other members were references to their participation or non-participation in a meeting so conducted; and

(b) paragraph 1(1), 2(1) and 5(4) of the Schedule have effect as if the references to the place of an intended meeting were omitted.”.

(7) In regulation 10(2) (appointment and functions of committees) omit “, including trustees of a NHS trust,”.

(8) In paragraph 4 (quorum) and paragraph 5(2) (conduct of meetings) of the Schedule (matters to be included in standing orders) omit “, or Chief Officer of a National Health Service trust”.

ANDREW P KERR

A member of the Scottish Executive

St Andrew’s House, Edinburgh

2nd March 2005