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Health Boards (Membership and Elections) (Scotland) Act 2009

2009 asp 5

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 12th March 2009 and received Royal Assent on 22nd April 2009

An Act of the Scottish Parliament to make provision about the constitution of Health Boards; to provide for piloting of the election of certain members of Health Boards; to require the Scottish Ministers to report on those pilots; to confer a power to extend those elections to all Health Board areas following publication of that report; and for connected purposes.

Constitution of Health BoardsS

1Constitution of Health BoardsS

(1)Schedule 1 (Health Boards) to the National Health Service (Scotland) Act 1978 (c. 29) (the “1978 Act”) is amended as follows.

(2)For paragraph 2 substitute—

2(1)A Health Board is to consist of the following types of members—

(a)a chairman, and other members, appointed by the Scottish Ministers (“appointed members”),

(b)councillors appointed by the Scottish Ministers following nomination by local authorities in the area of the Health Board (“councillor members”), and

(c)individuals elected as members of the Health Board at an election held under Schedule 1A (“elected members”).

(2)Regulations must, in relation to each Health Board, specify—

(a)the total number of members of the Board, and

(b)the number of each type of member.

(3)But—

(a)the total number of councillor members and elected members of a Board must amount to more than half the total number of members, and

(b)a Board must contain at least one councillor member for each local authority whose area is wholly or partly within the area of the Board.

(4)The conditions imposed by sub-paragraph (3) do not apply during any period when an elected member or, as the case may be, councillor member vacates office and the vacancy has not been filled..

(3)In paragraph 2A, for “persons appointed under paragraph 2 above” substitute “ appointed members ”.

(4)In paragraph 3—

(a)for “Appointments under paragraph 2 shall be made” substitute “ An appointed member may be appointed only ”, and

(b)sub-paragraph (a) is omitted.

(5)After paragraph 3 insert—

3AA person appointed as chairman of a Health Board may not be an employee of that Health Board..

F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In paragraph 11(a), for “chairman and members of Health Boards” substitute “ appointed members and councillor members (including provision specifying circumstances in which the Scottish Ministers may determine that such a member is to vacate office) ”.

F2(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1S. 1 in force at 24.6.2009 for specified purposes by S.S.I. 2009/242, art. 2 (which commencing S.S.I. 2009/242 was revoked (31.12.2013) by S.S.I. 2013/364, art. 2 (with savings in art. 3))

Elected members of Health BoardsS

F32Health Board electionsS

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Textual Amendments

F33Scottish Ministers' powers in relation to elected membersS

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Textual Amendments

Pilot scheme and action following pilotS

F34Pilot schemeS

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Textual Amendments

F35Report on pilot schemeS

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Textual Amendments

6Termination of pilot schemeS

F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The following provisions of this Act are repealed—

(a)section 1(6) and (8),

(b)sections 2 to 5,

(c)subsections (1) and (2) of this section (except in so far as bringing this subsection and subsection (4) into force), and

(d)section 7,

and the amendments of the 1978 Act made by provisions so repealed are accordingly to cease to have effect.

(4)Paragraph 2 of Schedule 1 to the 1978 Act is amended as follows—

(a)in sub-paragraph (1)—

(i)after sub-paragraph (a) insert “ and ”,

(ii)sub-paragraph (c) and the word “and” immediately preceding it are repealed,

(b)for sub-paragraphs (3) and (4) substitute—

(3)At least one councillor member must be appointed for each local authority whose area is wholly or partly within the area of the Board..

Textual Amendments

F4S. 6(1)(2) repealed (31.12.2013 for specified purposes) (conditionally) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), ss. 6(2)(3)(c), 11(1); S.S.I. 2013/364, art. 2 (with art. 3(1))

Modifications etc. (not altering text)

Commencement Information

I2S. 6 partly in force; s. 6(1)(2) in force at Royal Assent see s. 11

F57Roll-outS

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Final provisionsS

Prospective

8Minor and consequential amendmentsS

The schedule contains minor and consequential amendments.

9Key termsS

In this Act—

10OrdersS

(1)An order made under this Act is to be made by statutory instrument.

(2)Such an order may—

(a)make different provision for different purposes (in particular, for different Health Board areas), and

(b)contain any supplementary, incidental, consequential, transitional, transitory or saving provision which Ministers consider appropriate.

11CommencementS

(1)Sections 1 to 3 come into force in accordance with sections 4 and 7.

(2)Sections 4, 5, 6(1) and (2), 7, 9, 10, 12 and this section come into force on Royal Assent.

(3)Section 6(2) provides for the commencement of section 6(3) and (4) in particular circumstances.

(4)Section 8 and the schedule come into force on such day as Ministers may by order appoint.

12Short titleS

This Act is called the Health Boards (Membership and Elections) (Scotland) Act 2009.

SCHEDULESMinor and consequential amendments

(introduced by section 8)

National Health Service (Scotland) Act 1978 (c. 29)S

1SIn paragraph 4 of Schedule 1 to the 1978 Act, for the words from “the”, where it second occurs, to “prescribed” substitute

(a)the chairman of a Health Board,

(b)such other members of a Health Board as may be prescribed, and

(c)such members of committees and sub-committees of a Health Board as may be prescribed,.

Prospective

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)S

F62S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .