This Statutory Instrument has been printed in substitution of the S.S.I. of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.
2009 No. 302
The Health Boards (Membership) (Scotland) Regulations 2009
Made
Laid before the Scottish Parliament
Coming into force in accordance with regulation 1(2)
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(10) and 105(7) of, and by paragraphs 2(2), 10A(3) and 11(a) of Schedule 1 to, the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.
Citation and commencement1
1
These Regulations may be cited as the Health Boards (Membership) (Scotland) Regulations 2009.
2
Subject to regulation 4 these Regulations come into force on 12th October 2009.
Interpretation2
In these Regulations, unless the context otherwise requires—
“the Act” means the National Health Service (Scotland) Act 1978;
“appointed members” has the meaning given by paragraph 2(1)(a) of Schedule 1 to the Act;
“councillor members” has the meaning given by paragraph 2(1)(b) of Schedule 1 to the Act;
“elected members” has the meaning given by paragraph 2(1)(c) of Schedule 1 to the 1978 Act;
“Health Board election” has the meaning given by paragraph 1 of Schedule 1A to the 1978 Act2; and
“specified Health Board” means a Health Board specified in column 1 of the table in regulation 3.
Number of members of specified Health Boards3
Following the first Health Board election in a specified Health Board area—
a
the total number of members in relation to the specified Health Board is the number mentioned in the corresponding entry in column 2,
b
the number of appointed members in relation to the specified Health Board is the number mentioned in the corresponding entry in column 3,
c
the number of councillor members in relation to the specified Health Board is the number mentioned in the corresponding entry in column 4, and
d
the number of elected members in relation to the specified Health Board is the number mentioned in the corresponding entry in column 5.
Column 1 Health Board | Column 2 Total number of members | Column 3 Number of appointed members | Column 4 Number of councillor members | Column 5 Number of elected members |
|---|---|---|---|---|
Fife | 25 | 12 | 1 | 12 |
Dumfries and Galloway | 21 | 10 | 1 | 10 |
Transitional provision4
1
Until the elected members take up office in terms of paragraph 10A(1) of Schedule 1 to the Act following the first Health Board election in the areas of the specified Health Boards all the members of those Health Boards shall continue to be appointed by the Scottish Ministers.
2
Regulation 5 and the Schedule have effect from the day on which the elected members take up office in terms of paragraph 10A(1) of Schedule 1 to the Act following the first Health Board election in the areas of the specified Health Boards.
Amendment of the Health Boards (Membership and Procedure) (Scotland) Regulations 2001 for specified Health Boards5
The Health Boards (Membership and Procedure) (Scotland) Regulations 20013 are amended in terms of the Schedule in respect of the specified Health Boards.
SCHEDULEAMENDMENT OF THE HEALTH BOARDS (MEMBERSHIP AND PROCEDURE) (SCOTLAND) REGULATIONS 2001 FOR THE SPECIFIED HEALTH BOARDS
1
1
In regulation 1(2) (interpretation)—
a
omit the definitions of “the 1997 Act” and “the Charity Commissioners”; and
b
insert in the appropriate alphabetical positions—
“appointed member” has the meaning given by paragraph 2(1)(a) of Schedule 1 to the 1978 Act;
“councillor member” has the meaning given by paragraph 2(1)(b) of Schedule 1 to the 1978 Act;
2
In regulation 2 (appointment and term of office)—
a
omit paragraph (1);
b
in paragraph (2) for “the members” substitute “the appointed members and the councillor members”; and
c
in paragraph (3) for “a member” substitute “an appointed member or a councillor member”.
3
In regulation 5 (resignation and removal of members)—
a
in paragraph (1) after “appointment” insert “or, as the case may be, during the period mentioned in paragraph 10A(1) of Schedule 1 to the Act4,”;
b
in paragraph (2) for “a member” substitute “an appointed member or a councillor member”; and
c
in paragraph (3) for “a member” substitute “an appointed member or a councillor member”.
4
For regulation 6 (disqualification) substitute—
Disqualification6
1
Subject to paragraph (3), (2)an individual is disqualified from being a member if the individual—
a
is an undischarged bankrupt;
b
is an incapable adult (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 20005);
c
has, during the 5 years before the day the individual becomes a member, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland of an offence for which the sentence imposed was imprisonment (whether suspended or not) for a period of three months or longer without the option of a fine;
d
is disqualified from being included in any list kept under Part 1 or Part 2 of the Act or any list kept under equivalent legislation in England and Wales or Northern Ireland;
f
is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 19866 or equivalent legislation in Northern Ireland; or
g
is disqualified from being a charity trustee by virtue of section 69(2)(c) or (d) of the Charities and Trustee Investment (Scotland) Act 20057.
2
In paragraph (1) “undischarged bankrupt” means an individual—
a
whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force);
b
who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it);
c
who is the subject of—
i
ii
a bankruptcy restrictions undertaking entered into under either of those Acts; or
d
who has been adjudged bankrupt (and has not been discharged), or is subject to any other kind of order, arrangement or undertaking analogous to those described above, in England and Wales, Northern Ireland, the Channel Islands, the Isle of Man or the Republic of Ireland.
3
The Scottish Ministers may direct that in relation to any appointed member or councillor member any disqualification so directed shall not apply in relation thereto.
(This note is not part of the Regulations)