The Primary Care Trusts and National Health Service Trusts (Membership and Procedure) Amendment Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (“the PCT Regulations”) and the National Health Service Trusts (Membership and Procedure) Regulations 1990 (“the NHS trust Regulations”) to enable the Secretary of State to suspend the chairman or non-officer members of a Primary Care Trust (“PCT”), and the chairman or non-executive directors of a National Health Service trust (“NHS trust”).

Regulation 2 amends the PCT Regulations so as to make provision for suspension of the chairman or non-officer members of a PCT. Regulation 2(4) inserts new regulations in the PCT Regulations as follows.

The new regulation 4A of the PCT Regulations provides for suspension of the chairman or non-officer members, the notification of suspension, the period of suspension and provision for reviewing, revoking and extending the suspension.

Regulation 4B provides for the maximum number of members specified in the PCT Regulations to be increased in the event of suspension, so as to allow for a replacement member to be appointed. Regulation 4B also modifies the provisions in the PCT Regulations relating to the number of members needed to requisition a meeting or to form a quorum at a meeting of the trust, in cases where the chairman or a non-officer member has been suspended. Regulation 4C provides for the Secretary of State to appoint a non-officer member of the trust to be vice-chairman in a case where the chairman of the trust is suspended.

Regulation 3 of these Regulations makes similar amendments in respect of NHS trusts. Regulation 3(4) inserts new regulations in the NHS trust Regulations as follows.

The new regulation 9A of the NHS trust Regulations provides for suspension of the chairman or non-executive directors, the notification of suspension, the period of suspension and provision for reviewing, revoking and extending the suspension.

Regulation 9B provides for the maximum number of directors specified in the NHS trust Regulations to be increased in the event of suspension, so as to allow for a replacement director to be appointed. Regulation 9B also amends the provisions in the NHS trust Regulations relating to the number of directors needed to requisition a meeting or to form a quorum at a meeting of the NHS trust, in cases where the chairman or a director has been suspended. Regulation 9C provides for the Secretary of State to appoint a non-executive director of the trust to be vice-chairman in a case where the chairman of the trust is suspended.

Regulation 3 of these Regulations also makes provision in relation to the number of non-executive directors specified in the order establishing an NHS trust. Regulation 9D provides that the number so specified is to be increased where the chairman or a non-executive director is suspended, so as to allow for additional directors to be appointed to replace any person suspended.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.