The Health Boards (Membership and Procedure) (Scotland) Amendment Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Boards (Membership and Procedure) (Scotland) Regulations 2001 (“the 2001 Regulations”) to update provision concerning the membership and procedure of Boards in Scotland established under section 2 of the National Health Service (Scotland) Act 1978.

Regulation 2(2) removes redundant definitions.

Provisions which refer to certain, now outdated, executive employee positions of a Board are replaced by updated provisions—

(a) regulation 2(3) has the effect of prohibiting a member who is also employed as an executive officer of a Board from receiving remuneration for being a member;

(b) regulation 2(6) continues to require a Board to appoint a vice-chairperson but has the effect of disqualifying a member who is also an employee of a Board from holding that position;

(c) regulation 2(7) has the effect of prohibiting a member who is also an employee of a Board from acting as chairperson in the absence of the appointed chairperson and vice-chairperson; and

(d) regulation 2(8)(a) has the effect of requiring at least two members who are not also employees of a Board to make quorum, provided at least one third of all members are present.

Regulation 2(4) inserts provision allowing the Scottish Ministers to suspend a member from taking part in the business (including meetings) of a Board. Suspension ends when the Scottish Ministers determine or if the person’s appointment is not terminated by the Scottish Ministers under regulation 5(2) of the 2001 Regulations within 12 months beginning with the date of suspension, whichever is sooner.

Regulation 2(5) substitutes provision which disqualifies a person from being a member of a Board with updated disqualification provision. It continues to be the case that a person who is already a member and who becomes disqualified ceases to be a member by virtue of regulation 5(5) of the 2001 Regulations.

Regulation 2(8)(b) removes superfluous provision from the 2001 Regulations.