The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

Regulation 5(1)(e)

SCHEDULE 1 SPECIAL HEALTH AUTHORITIES OF WHICH THE CHAIRMAN AND MEMBERS ARE NOT DISQUALIFIED UNDER REGULATION 5(1)(e)

• Health Education Authority

• Health Development Agency

• National Health Service Information Authority

• National Institute for Clinical Excellence

Regulation 10(1)

SCHEDULE 2 RULES AS TO MEETINGS AND PROCEEDINGS OF PRIMARY CARE TRUSTS

1.  The first meeting of a trust shall be held on such day and at such place as may be fixed by the chairman and he shall be responsible for convening the meeting.

2.—(1) The chairman may call a meeting of the trust at any time.

(2) If the chairman refuses to call a meeting after a requisition for that purpose, signed by at least one-third of the members, has been presented to him, or if, without so refusing, the chairman does not call a meeting within seven days after such requisition has been presented to him, such one-third or more members may forthwith call a meeting.

(3) Before each meeting of a trust, a notice of the meeting, specifying the business proposed to be transacted at it, and signed by the chairman or by an officer of the trust authorised by the chairman to sign on his behalf shall be delivered to every member, or sent by post to the usual place of residence of such member, so as to be available to him at least three clear days before 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 chairman, the notice shall be signed by those members and no business shall be transacted at the meeting other than that specified in the notice.

3.—(1) At any meeting of a trust the chairman, if present, shall preside.

(2) If the chairman is absent from the meeting the vice-chairman, if there is one and he is present, shall preside.

(3) If the chairman and vice-chairman are absent, such non-officer member as the members present shall choose shall preside.

4.  Every question at a meeting shall be determined by a majority of the votes of the chairman and 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.

5.  The names of the chairman and members present at the meeting shall be recorded.

6.  Subject to paragraph 7, no business shall be transacted at a meeting unless–

(a) the number present is not less than one-third of the whole membership of the trust (including the chairman);

(b) those present include at least one officer member and one non-officer member.

7.  During the preparatory period of a trust–

(a) paragraph 6 does not apply; and

(b) no business may be transacted unless the number present is not less than 2.

8.  The minutes of the proceedings of a meeting shall be drawn up and submitted for agreement at the next meeting of the trust where, if agreed they shall be signed by the person presiding over it.

9.  Where the office of member of a trust is shared jointly by more than one person in pursuance of regulation 2(8)–

(a) either or both of those persons may attend and take part in meetings of the trust;

(b) if both are present at a meeting they may cast one vote if they agree;

(c) in the case of disagreement no vote shall be cast by either of them;

(d) the presence of either or both of those persons shall count as the presence of one person for the purposes of paragraphs 6 and 7 of this Schedule.