The National Health Service (Service Committees and Tribunal) Amendment (No.2) Regulations 1990

Amendment of regulation 3 of the principal Regulations

3.  In regulation 3 of the principal Regulations (constitution of service committees) —

(a) in paragraph (1) for the words “with the consent of the Secretary of State” there shall be substituted the words “where it sees fit”;

(b) in paragraph (2) —

(i) in sub-paragraph (a) for the words from “of whom three shall be” to “and three shall be” there shall be substituted the words “of whom three shall be lay persons appointed by the Family Health Services Authority and three shall be doctors”,

(ii) in sub-paragraph (b) for the words from “of whom three shall be” to “and three shall be” there shall be substituted the words “of whom three shall be lay persons appointed by the Family Health Services Authority and three shall be pharmacists”,

(iii) in sub-paragraph (c) for the words from “of whom three shall be” to “and three shall be” there shall be substituted the words “of whom three shall be lay persons appointed by the Family Health Services Authority and three shall be dentists”,

(iv) in sub-paragraph (d) for the words from “three” to “lay members of” there shall be substituted the words “three shall be lay persons appointed by”,

(v) in sub-paragraph (e) for the words from “of whom two” to “lay members of” there shall be substituted the words “of whom two shall be lay persons appointed by”,

(vi) in sub-paragraph (f) for heads (i) and (ii) there shall be substituted the following heads:—

“(i) in the case of the lay members, not fewer than three lay persons,

(ii) in the case of the other members, not fewer than three professional persons,”,

(vii) sub-paragraph (g) shall be omitted,

(viii) in sub-paragraph (h) for the word “hearing” in each instance where it occurs there shall be substituted the word “investigation”;

(c) in paragraph (3) —

(i) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs:—

“(a) The chairman shall be appointed by the Family Health Services Authority.

(b) Any lay person shall be eligible for appointment as chairman.”,

(ii) sub-paragraph (c) shall be omitted;

(d) in paragraph (5) for the words “The Committee” there shall be substituted the words “Subject to paragraph (5A), the Family Health Services Authority”;

(e) for paragraph (6) there shall be substituted the following paragraphs:—

“(5A) A person who is a member of a service committee shall cease to hold office —

(a) where he is the chairman or a lay member, on his ceasing to be a lay person;

(b) where he is a member not mentioned in sub-paragraph (a), on his ceasing to be a professional person.

(6) In this regulation —

(a) “lay member” means, in relation to a service committee, any member (other than the chairman) who is a lay person;

(b) “lay person” means a person who is not and never has been —

(i) a practitioner, a chemist or an optician, nor

(ii) a registered dispensing optician within the meaning of the Opticians Act 1989, nor

(iii) a registered nurse, a registered midwife or a registered health visitor(1), nor

(iv) an officer of, or otherwise employed by, any Family Health Services Authority, Regional Health Authority, District Health Authority or Community Health Council;

(c) “professional person” means —

(i) in the case of the medical service committee, a doctor,

(ii) in the case of the dental service committee, a dentist,

(iii) in the case of the pharmaceutical service committee, a pharmacist,

(iv) in the case of the ophthalmic service committee, an ophthalmic medical practitioner or an optician.”.

(1)

See the Nurses, Midwives and Health Visitors Act 1979 (c. 36), section 10(7).