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Community Health Councils Regulations 2004

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PART IIIProceedings of Councils

Election of chair and vice-chair

11.—(1) The members shall elect —

(a)one of their number to be chair; and

(b)one or two of their number, other than the chair, to be vice-chair

for such periods as they may determine on making the election, not being in any case a longer period than the remainder of the period of the elected member’s term of office as a member; and the Chief Officer shall forthwith notify the Assembly and the CHC Board in writing of the names of the persons so elected.

(2) A chair or vice-chair may at any time resign that office by giving notice in writing to the Chief Officer, who shall forthwith notify the Assembly and the CHC Board in writing; and —

(a)where the chair has resigned, the members shall elect another chair in accordance with paragraph (1);

(b)where a vice-chair has resigned —

(i)if there is no other vice-chair, the members shall, or

(ii)if there is another vice-chair, the members may,

elect another vice-chair in accordance with paragraph (1).

Appointment of committees and joint committees

12.—(1) Subject to paragraph (2), a Council may appoint one or more committees of the Council to exercise, subject to such restrictions and conditions as the Council thinks fit, some, but not all, of the Council’s functions.

(2) Except where the Assembly may, in any particular case, otherwise allow, not less than two-thirds of the members of any committee appointed by a Council shall be members of that Council.

(3) A Council may, together with one or more other Councils, appoint a joint committee, of which the members shall consist wholly of members of those Councils, to exercise, subject to such restrictions and conditions as may be agreed between those Councils, some, but not all, of the functions of each of those Councils.

Meetings and proceedings

13.  The provisions of the Schedule to these Regulations shall have effect with respect to the meetings and proceedings of a Council.

Officers

14.—(1) The Assembly shall appoint a person acceptable to a Council to act as its Chief Officer and shall also, after consultation with the Council and subject to acceptance by the Council of any individual officer appointed, appoint persons to act as such other officers for the Council as the Assembly considers necessary.

(2) The appointment of a person to act as an officer of a Council shall be made by the Assembly in a manner and for a period acceptable to the Council.

(3) Persons appointed in accordance with paragraphs (1) and (2) shall be employed by such Local Health Board as the Assembly may determine for the purpose, in accordance with any regulations made and any directions given by the Assembly under the Act, and their services shall be made available to the Council by that Local Health Board for the period of the appointment.

Premises and other facilities

15.—(1) The Assembly shall, after consultation with the Council —

(a)provide a Council with such office and other accommodation as the Assembly considers necessary to enable a Council to perform its functions; and

(b)secure that arrangements are made for such administration, maintenance, cleaning and other services as may, in the Assembly’s opinion, be necessary for such accommodation,

but arrangements for the provision of services and accommodation may be made, with the approval of the Assembly, by the members.

(2) To enable a Council to perform its functions —

(a)the Assembly may make available to a Council such facilities (including use of any premises and the use of any vehicle, plant or apparatus) provided by it for any service under the Act as the Assembly considers are necessary; and

(b)the Local Health Board referred to in regulation 14(3) shall make available to a Council the services of such of its employees as the Assembly may direct.

Reports

16.—(1) A Council shall by 1st September 2004 and in each successive year —

(a)make a report in writing to the Assembly regarding the performance of its functions (including its functions under regulation 22) (independent advocacy) during the period of twelve months ending on 31st March in that year and such other matters as the Assembly may require;

(b)furnish copies of the report to each relevant Local Health Board, each relevant NHS Trust and each relevant local authority; and

(c)take such measures as the Council considers to be appropriate to secure that the contents of the report are made known to the public in its district.

(2) Upon receipt of the report each relevant Local Health Board or NHS Trust shall —

(a)furnish to the Council its comments on the report and a record of any steps taken by the Local Health Board or NHS in consequence of advice given, or proposals made, by the Council; and

(b)secure that those comments and that record are made known to the public in the district of the Council.

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