2014 No. 784
National Health Service, England

The National Health Service Trusts (Membership and Procedure) Amendment Regulations 2014

Made
Laid before Parliament
Coming into force
The Secretary of State for Health, makes the following Regulations in exercise of the powers conferred by sections 25(4) and 272(7) of, and paragraph 4(1)(a) of Schedule 4 to, the National Health Service Act 20061.

Citation and commencement1.

These Regulations may be cited as the National Health Service Trusts (Membership and Procedure) Amendment Regulations 2014 and come into force on 14th April 2014.

Amendment of the National Health Service Trusts (Membership and Procedure) Regulations 19902.

In regulation 11 (disqualification for appointment of chairman and non-executive directors) of the National Health Service Trusts (Membership and Procedure) Regulations 19902, for paragraph (4) substitute—

“(4)

A person shall not be disqualified by—

(a)

paragraph (1)(e) from being the chairman of an NHS trust where that person is a chairman or non-executive director of another NHS trust;

(b)

paragraph (1)(e) from being a non-executive director of an NHS trust where that person is a chairman, non-executive director, executive director or employee of another NHS trust;

(c)

paragraph (1)(ee) from being the chairman of an NHS trust where that person is a chairman or a non-executive director of an NHS foundation trust;

(d)

paragraph (1)(ee) from being a non-executive director of an NHS trust where that person is a chairman, director3 or employee of an NHS foundation trust;

(e)

paragraph (1)(f)(ii) to (iv) from being a non-executive director of an NHS trust where that person—

(i)

performs or provides primary dental services, primary medical services or primary ophthalmic services under the 2006 Act;

(ii)

is a partner in a partnership that, or a legal and beneficial owner of shares in a company that, or a director of a body corporate that provides primary dental services, primary medical services or primary ophthalmic services; or

(iii)

is an employee of any of those providers, partners or bodies referred to in paragraph (i) or (ii); or

(f)

paragraph (1)(e) or (ee) from being a non-executive director of an NHS trust referred to in paragraph 5(1)(d) of Schedule 4 to the 2006 Act by reason of that person’s employment with a health service body.”.

Signed by authority of the Secretary of State for Health.

Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the National Health Service Trusts (Membership and Procedure) Regulations 1990 (“the 1990 Regulations”) relating to the disqualification for appointment of a chairman and non-executive director. In particular, these Regulations remove restrictions so as to allow a person:

  • to be a chair or non-executive director of an NHS trust if that person is already a chair or non-executive director of another NHS trust or NHS foundation trust;

  • to be a non-executive director of an NHS trust if that person is an executive director or an employee of an NHS trust or is a director or employee of an NHS foundation trust; and

  • to be a non-executive director of an NHS trust if that person is performing or providing primary medical, dental or ophthalmic services under the National Health Service Act 2006 (“the 2006 Act”) or is a partner, shareholder, director or employee of an organisation providing those services.

In addition, these Regulations re-enact, with an updated statutory reference, the provision in the 1990 Regulations, which allows a person who is an employee of a health service body to be a non-executive director of an NHS trust where the trust has a significant teaching commitment. The reference to the National Health Service and Community Care Act 1990 has been updated to refer to the 2006 Act.

An overall impact assessment has been prepared and this is attached to the Explanatory Memorandum.