The National Health Service Trusts (Membership and Procedure) Amendment (No. 2) 2001 (England) Regulations

Explanatory Note

(This note is not part of the Regulations)

These Regulations make further amendments to the National Health Service Trusts (Membership and Procedure) Regulations 1990 (“the principal Regulations”). The amendments are in connection with the designation of NHS trusts as Care Trusts (“Care Trusts”).

Regulation 3 makes provision for the maximum numbers of directors of a Care Trust and Regulation 4 deals with the appointment of directors of NHS trusts and Care Trusts.

Regulation 5 amends the principal Regulations to make provision for the membership of Care Trusts so as to include, as an executive director, a person with experience of the health-related functions of local authorities. Regulation 6 makes provision so that at least one local authority member from each partner local authority shall be a non-executive director and regulation 7 makes provision for the tenure of such directors.

Regulation 8 amends the principal Regulations to provide that in the case of Care Trusts an executive director’s tenure of office shall not be terminated unless each relevant local authority has been consulted.

Regulation 9 amends the principal Regulations to make provision for the termination and suspension of non-executive directors of Care Trusts. Where a local authority no longer wishes a director nominated by it to be a director of the trust the Secretary of State shall terminate his tenure of office. It also requires consultation with each relevant local authority before a director’s tenure of office may be terminated under certain provisions. It also provides that where a non-executive director who is a member of a local authority is suspended from being a member of the local authority he is suspended as a member of the Care Trust for the duration of the suspension.

Regulations 10 and 11 amend the principal Regulations to make provision in relation to the disqualification from appointment as the chairman or non-executive director of a Care Trust.

Regulations 12, 13 and 14 make provision for the constitution of the committees responsible for appointing the officers of a Care Trust.

Regulation 15 amends the Schedule to the principal Regulations to make provision for rules as to meetings and proceedings of Care Trusts.