The Health Act 2009 (Powers in Relation to NHS Bodies—Consequential Amendments) Regulations 2010

Amendments relating to membership of NHS trusts

2.—(1) The National Health Service Trusts (Membership and Procedure) Regulations 1990 are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation)(1), in paragraph (2), after the definition of “trade union” add the following definition—

““trust special administrator” means a person appointed in relation to an NHS trust under section 65B(6)(a) of the 2006 Act (appointment of trust special administrator) (2).”.

(3) In regulation 2 (maximum number of directors)(3)—

(a) in paragraphs (1) and (2), for each occurrence of “paragraphs (3) and (4)” substitute “paragraphs (3) to (6)”; and

(b) after paragraph (4) add—

“(5) Paragraphs (1) and (2) shall not apply to an NHS trust that became an NHS trust by virtue of an order made under section 52D(1) of the 2006 Act (de-authorisation)(4) during any period specified in relation to that trust under section 52D(5) of that Act.

(6) Paragraphs (1) and (2) shall not apply to an NHS trust that became an NHS trust by virtue of an order under section 65E(1) of the 2006 Act (NHS foundation trusts: de-authorisation and appointment of trust special administrator)(5) until the date an order made in respect of that trust under section 65L(4) of that Act (trusts coming out of administration)(6) comes into force.”.

(4) In regulation 7 (tenure of office of chairman and directors)(7)—

(a) in paragraph (1), for “paragraph (1A)” substitute “paragraphs (1A) and (3)”;

(b) in paragraph (2), for “regulation 8” substitute “paragraph (3) and regulation 8”; and

(c) after paragraph (2) add—

“(3) Paragraphs (1) and (2) shall not apply to a person who became a chairman or director of an NHS trust by virtue of paragraph 4(3) of Schedule 8A to the 2006 Act (de-authorised foundation trusts: board of directors)(8).”.

(5) In regulation 15 (appointment of committees and sub-committees), in paragraph (1), after “an NHS trust” insert “or a trust special administrator”.

(6) In regulation 16 (arrangements for the exercise of functions), in paragraph (1)—

(a) after “an NHS trust” insert “or a trust special administrator”;

(b) for “its” substitute “the trust’s”; and

(c) for “the trust thinks fit” substitute “the trust or administrator thinks fit”.

(7) In regulation 19 (meetings and proceedings)(9)—

(a) in paragraph (1), at the beginning insert “Subject to paragraph (1A),”;

(b) after paragraph (1) insert—

“(1A) Paragraph (1) and the Schedule shall not apply where a trust special administrator has been appointed.”; and

(c) in paragraph (2)—

(i) after “vary or revoke” insert “, or a trust special administrator may make, vary or revoke,”, and

(ii) for “its” substitute “the trust’s”; and

(d) in paragraph (3), after “an NHS trust” insert “or a trust special administrator”.

(1)

Regulation 1(2) was amended by S.I. 1996/1755, 1998/646, 2000/2434, 2001/3786, 2002/2469 and 2861, 2004/696, 865 and 1016, 2005/525, 1622 and 2078, 2006/552, 562 and 946, 2008/1269 and 2009/1385.

(2)

Section 65B was inserted by section 16 of the Health Act 2009 (c. 21).

(3)

Regulation 2 was substituted by S.I. 1998/1975 and amended by S.I. 2000/2434, 2001/3786 and 2008/1269.

(4)

Section 52D was inserted by section 15 of the Health Act 2009 (c. 21); section 52D(3) provides for a body that ceases to be an NHS foundation trust to become an NHS trust.

(5)

Sections 65E was inserted by section 16 of the Health Act 2009 (c. 21); section 65E(4) provides for a body that ceases to be an NHS foundation trust to become an NHS trust.

(6)

Section 65L was inserted by section 16 of the Health Act 2009 (c. 21).

(7)

Regulation 7 was amended by S.I. 1996/1755 and 2001/3786.

(8)

Schedule 8A was inserted by Schedule 2 to the Health Act 2009 (c. 21).

(9)

Regulation 19 was amended by S.I. 2001/3786.