The Health Authorities (Membership and Procedure) Amendment Regulations 1998

Statutory Instruments

1998 No. 2621

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Health Authorities (Membership and Procedure) Amendment Regulations 1998

Made

23rd October 1998

Laid before Parliament

26th October 1998

Coming into force

16th November 1998

The Secretary of State for Health in exercise of the powers conferred by sections 126(4) and 128(1) of, and paragraph 12(b) of Schedule 5 to, the National Health Service Act 1977(1) 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 Authorities (Membership and Procedure) Amendment Regulations 1998 and shall come into force on 16th November 1998.

(2) In these Regulations “the principal Regulations” means the Health Authorities (Membership and Procedure) Regulations 1996(2).

Amendment of the principal Regulations

2.—(1) The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1(2), after the definition of “Part II services” the following definition is inserted–

““primary care group” means a committee appointed under regulation 14(1) of these Regulations in accordance with the Secretary of State’s directions of 15th October 1998(3).”

(3) In regulation 14(3), after the words “advise the Authority” there are inserted the words “, a primary care group”.

Signed by authority of the Secretary of State for Health

Alan Milburn

Minister of State,

Department of Health

23rd October 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Health Authorities (Membership and Procedure) Regulations 1996 (“the principal Regulations”).

Under regulation 14(3) of the principal Regulations the majority of the members of a committee or sub-committee of a health authority must, subject to certain exception, be persons who do not provide, or assist in providing, Part II services. These Regulations make provision for a further exception in the case of committees known as primary care groups appointed in accordance with directions given by the Secretary of State.

(1)

1977 c. 49. Section 126(4) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 65(2); section 128(1) was amended by the 1990 Act, section 26(2) and is cited for the definitions of “prescribed” and “regulations”; paragraph 12 of Schedule 5 was amended by the 1990 Act, Schedule 1, paragraph 9 and by the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), Schedule 1, paragraph 60(e). For the definition of “authority” used in paragraph 12 of Schedule 5, see paragraph 8 of Schedule 5; paragraph 8 of Schedule 5 was amended by the Health Services Act 1980 (c. 53), section 1(7) and Schedule 1, paragraph 80(2), further amended by the 1990 Act, Schedule 1, paragraph 6, and further amended by the 1995 Act, Schedule 1, paragraph 60(a).

(2)

S.I. 1996/707 as amended by S.I. 1997/2991.

(3)

a copy of the directions may be obtained by writing to Department of Health, PC-GMS, Room 7/E/60, Quarry House, Quarry Hill, Leeds LS2 7UE.