The Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009

PART I General

Citation, commencement and interpretation

1.—(1) The title of these Regulations is the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 and come into force on 1 August 2009.

(2) In these Regulations, unless the context otherwise requires—

• “the Act” (“y Ddeddf”) means the National Health Service (Wales) Act 2006;

• “appointee” (“penodai”) means the chair or a non-executive director of the Trust;

• “director” (“cyfarwyddwr”) in relation to the Trust includes its chair;

• “establishment date” (“dyddiad sefydlu”) means 1 August 2009;

• “executive director” (“cyfarwyddwr gweithredol”) and “non-executive director” (“cyfarwyddwr anweithredol”) have the meaning assigned to them in paragraph 3(3) of Schedule 3 to the Act;

• “health service body” (“corff gwasanaeth iechyd”) means—

  (a)

  a Strategic Health Authority, a Special Health Authority, a Primary Care Trust, an NHS trust, an NHS foundation trust, a Local Health Board or a PHS body as defined in section 139(6) of the National Health Service Act 2006 (1)and section 97(6) of the Act or a contractor which is treated as a health service body pursuant to regulation 10 of the National Health Service (Local Pharmaceutical Services etc) Regulations 2006(2);

  (b)

  a Health Board, a Special Health Board or the Common Services Agency for the Scottish Health Service, respectively constituted under section 2, 10 and 12A of the National Health Service (Scotland) Act 1978(3);

  (c)

  the Scottish Dental Practice Board constituted by Regulations having effect under section 4 of the National Health Service (Scotland) Act 1978;

  (d)

  the Independent Regulator of NHS Foundation Trusts;

• “Independent Regulator of NHS Foundation Trusts” (“Rheoleiddiwr Annibynnol Ymddiriedolaethau Sefydledig GIG”) means the body corporate continued in existence by section 31(1) of the National Health Service Act 2006;

• “operational date” (“dyddiad gweithredol”) has the meaning assigned to it in paragraph 5(5) of Schedule 3 to the Act;

• “the 1990 Regulations” (“Rheoliadau 1990”) means the National Health Service Trusts (Membership and Procedure) Regulations 1990(4)

• “the relevant committee” (“y pwyllgor perthnasol”) means a committee of an NHS trust appointed under either regulation 21 or regulation 22 whichever is appropriate;

• “the Trust” (“yr Ymddiriedolaeth”) means the Public Health Wales National Health Service Trust established by the Public Health Wales National Health Service Trust (Establishment) Order 2009(5);

• “trade union” (“undeb llafur”) has the meaning assigned to it in section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992(6).

(3) In regulation 24—

• “public body” (“corff cyhoeddus”) includes—

  (a)

  any body established for the purposes of carrying on, under national ownership, any industry or part of any industry or undertaking; and

  (b)

  the governing body of any university, university college or college, school or hall of a university;

• “securities” “(gwarannau”) means—

  (a)

  shares or debentures, whether constituting a charge on the assets of the company or other body or not, or rights or interests in any shares or such debentures, or

  (b)

  rights (whether actual or contingent) in respect of money lent to or deposited with any industrial and provident society or building society;

• “shares” (“cyfranddaliadau”) means shares in the share capital of a company or other body or the stock of a company or other body.

(4) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

(1)

2006 c. 41.

(2)

S.I. 2006/552.

(3)

1978 c. 29.

(4)

S.I. 1990/2024.

(5)

S.I. 2009/2058 (W.177).

(6)

1992 c. 52.