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The Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009

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PART 3Proceedings and Administrative Arrangements of Boards

Powers of vice-chair

13.  Where the chair of the Board—

(a)has died;

(b)has ceased to hold office; or

(c)is unable to perform the duties of chair owing to illness, absence or any other cause,

the vice-chair will act as chair until a new chair is appointed or the existing chair resumes the duties of chair, as the case may be; and references to the chair in Schedule 3 will, so long as there is no chair able to perform the duties of chair, be taken to include references to the vice-chair.

Appointment of committees and sub-committees

14.  Subject to such directions as may be given by the Welsh Ministers, the Board may and, if directed by the Welsh Ministers, must —

(a)appoint committees or sub-committees of the Board, or

(b)together with one or more Boards or NHS Trusts or a local authority in the Board’s area, appoint joint committees or joint sub-committees,

consisting wholly or partly of the members of the Board or other health service bodies or of persons who are not members of the Board or other health service bodies.

Meetings and proceedings

15.—(1) The meetings and proceedings of the Board must be conducted in accordance with Schedule 3 and with Standing Orders made under paragraph (2).

(2) The Board must make Standing Orders for the regulation of its proceedings and business including provisions for the Board’s suspension.

(3) The Board may—

(a)vary; or

(b)revoke and remake,

its Standing Orders.

(4) The Board may, in the case of a committee or sub-committee established in accordance with regulation 14(a), make, vary and revoke Standing Orders relating to that committee or sub-committee.

(5) Where a joint committee or joint sub-committee has been established in accordance with regulation 14(b), the Board must approve any Standing Orders that may be made by that committee or sub-committee.

(6) Standing Orders made under this regulation will be subject to, and must be made in accordance with, such directions as may be issued by Welsh Ministers.

Associate members

16.  Associate members may not vote in any meetings or proceedings of a Board.

Disability of members on account of pecuniary interest

17.—(1) Subject to this regulation, if a member or an associate member—

(a)has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter; and

(b)is present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of consideration,

that member must at the meeting and as soon as practicable after its commencement disclose the fact and must not take part in the consideration or discussion of the contract, proposed contract or other matter or, if that member has the right to vote, must not vote on any question with respect to it.

(2) The Welsh Ministers may, subject to such conditions as they may consider fit, impose or remove any disability imposed by this regulation in any case in which it appears to the Welsh Ministers to be in the interests of the health service to do so.

(3) A Board may, by Standing Orders made under regulation 15, provide for the exclusion of any member or associate member from a meeting of the Board while any contract, proposed contract or other matter in which that member has a pecuniary interest, direct or indirect, is under consideration.

(4) Any remuneration, compensation or allowances payable to a member or associate member by virtue of paragraph 10 of Schedule 2 to the Act is not to be treated as a pecuniary interest for the purpose of this regulation.

(5) Subject to paragraphs (2) and (6), a member or associate member is to be treated for the purposes of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if such member, or any nominee of such member —

(a)is a director or other officer of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the matter under consideration; or

(b)is a person with whom the contract was made or is proposed to be made, or who has a direct pecuniary interest in the matter under consideration, or is a partner of, or is in the employment of, such a person;

and in the case of persons who are married to each other or in a civil partnership with each other or who are living together as spouses or civil partners, the interest of one such person will, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.

(6) A member or an associate member is not to be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —

(a)of such member’s membership of a company or other body if such member has no beneficial interest in any securities of that company or body; or

(b)of an interest in any company, body or person with which such member is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of or in voting on, any question with respect to that contract, proposed contract or matter.

(7) Where a member or an associate member has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and—

(a)the total nominal value of those securities does not exceed £5,000 or one hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and

(b)if the share capital is of more than one class, the total nominal value of shares of any one class in which that member has a beneficial interest does not exceed one hundredth of the total issued share capital of that class,

this regulation does not prohibit that member from taking part in the consideration or discussion of the contract, proposed contract or other matter or, where that member has the right to vote, from voting on any question with respect to it.

(8) Paragraph (7) does not affect a member’s or associate member’s duty to disclose an interest under paragraph (1).

(9) This regulation applies in relation to a committee or sub-committee and to a joint committee or joint sub-committee as it applies in relation to a Board, and applies to a member of any such committee, sub-committee or joint committee or sub-committee (whether or not such person is also a member of a Board or an associate member) as it applies to a member of a Board or associate member.

(10) In this regulation —

  • “public body” (“corff cyhoeddus”) includes any body established for the purpose of carrying on, under national ownership, any industry or part of any industry or undertaking, the governing body of any university, university college or college, school or hall of a university and the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907(1);

  • “securities” (“gwarannau”) means —

    (a)

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

    (b)

    rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or 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.

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