Citation, commencement, interpretation and extent

1. —(1) These Regulations may be cited as the National Health Service Trusts (Membership and Procedure) Amendment (No. 2) 2001 (England) Regulations 2001 and shall come into force on 19th December 2001.

(2) In these Regulations—

“the principal Regulations” means the National Health Service Trusts (Membership and Procedure) Regulations 1990( 4 ).

(3) These Regulations extend to England only.

Amendment to regulation 1 of the principal Regulations

2. In regulation 1(2) of the principal Regulations (interpretation), in the appropriate place, insert the following definitions—

“ “Care Trust” means an NHS Trust designated as a Care Trust pursuant to section 45(1) of the Health and Social Care Act 2001; ” ;

“ “NHS Trust” includes a Care Trust; ” ;

“ “relevant local authority” means a local authority which is a party to LA delegation arrangements with the NHS Trust; ( 5 ) . ”

Amendment of regulation 2 of the principal Regulations

3. —(1)Regulation 2 of the principal Regulations (maximum number of directors) shall be amended as follows.

(2) In both paragraphs (1) and (2), for “paragraph (3)” substitute “paragraphs (3) and (4)”.

(3) After paragraph (3), add the following paragraph—

“ (4) In the case of a Care Trust—

(a) the maximum number of directors shall be fourteen, excluding the Chairman; and

(b) the number of executive directors shall not exceed 7 and nor shall it exceed the number of non-executive directors. ” .

Substitution of regulation 3 of the principal Regulations

4. For Regulation 3 of the principal Regulations (appointment of directors), substitute the following regulation—

“ Appointment of directors

3. —(1) Subject to regulation 4(5), the non-executive directors of an NHS trust shall be appointed by the Secretary of State.

(2) The executive directors of an NHS trust shall be appointed by the relevant committee. ” .

Amendment of regulation 4 of the principal Regulations

5. After paragraph (3) of regulation 4 of the principal Regulations (qualifications for appointments), add the following new paragraphs—

“ (4) The executive directors of a Care Trust shall include, in addition to those directors specified in paragraph (1), a person with experience of the health-related functions of local authorities.

(5) The non-executive directors of a Care Trust shall include at least one member of each relevant local authority, appointed by the Secretary of State following nomination by that authority, ( 6 ) . ”

Amendment of regulation 5 of the principal Regulations

6. In regulation 5 of the principal Regulations (persons to be regarded as executive directors), after paragraph (b), add

“ or

(c) is a person mentioned in regulation 4(4) ” .

Amendment of regulation 7 of the principal Regulations

7. —(1)Regulation 7 of the principal Regulations (tenure of office of chairman and directors) shall be amended as follows.

(2) In paragraph (1), after the words “subject to”, insert the words “paragraph (1A) and”.

(3) After paragraph (1), insert the following paragraph—

“ (1A) A non-executive director of a Care Trust who is a person mentioned in regulation 4(5) shall be appointed for a period not exceeding his remaining term of office as a member of the local authority. ” .

Amendment of regulation 8 of the principal Regulations

8. —(1)Regulation 8 of the principal Regulations (tenure and suspension of tenure of office of executive directors) shall be amended as follows.

(2) At the beginning of paragraph (2), insert “Subject to paragraph (2A),”.

(3) After paragraph (2), insert the following paragraph—

“ (2A) In the case of a Care Trust, the relevant committee shall not terminate the tenure of office of a director under paragraph (2) unless it has consulted each relevant local authority. ” .

Amendment of regulation 9 of the principal Regulations

9. —(1)Regulation 9 of the principal Regulations (termination of tenure of office of chairman and non-executive directors) shall be amended as follows.

(2) At the beginning of paragraphs (3), (4) and (6), insert “Subject to paragraph (8),”.

(3) After paragraph (7), add the following paragraphs—

“ (8) In the case of a Care Trust the Secretary of State shall not terminate the tenure of office of a chairman or non-executive director under paragraph (3), (4) or (6) unless he has consulted each relevant local authority.

(9) Where a relevant local authority notifies the Secretary of State in writing that they no longer wish a relevant director to continue as a director of the Care Trust the Secretary of State shall forthwith terminate the tenure of office of that director.

(10) In paragraph (9), a relevant director means a director nominated by the authority in accordance with regulation 4(5).

(11) If the chairman or a non-executive director of a Care Trust who is a member of a local authority is suspended from being a member of that authority by virtue of a decision of a case tribunal made under section 79 of the Local Government Act 2000 ( 7 ) he shall be suspended from performing his functions as a member of the Care Trust for the period of the suspension. ” .

Amendment of regulation 11 of the principal Regulations

10. In regulation 11 of the principal Regulations (disqualification for appointment of chairman and non-executive directors), after paragraph (1), insert the following paragraph—

“ (1A) In the case of a Care Trust, in addition to the circumstances set out in paragraph (1), a person shall be disqualified for appointment as the chairman or non-executive director if he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a local authority. ” .

Amendment of regulation 12 of the principal Regulations

11. In regulation 12(3) of the principal Regulations (cessation of disqualification), after the words “regulation 11(1)(c)” insert “or (1A)”.

Amendment of regulation 17 of the principal Regulations

12. In regulation 17 of the principal Regulations (committee for appointing chief officer as director), after “director of the trust”, insert “and in the case of a Care Trust the non-executive directors must include a person mentioned in regulation 4(5)”.

Amendment of regulation 18 of the principal Regulations

13. In regulation 18 of the principal Regulations (committee for appointing executive directors other than chief officer), after “other than the chief officer”, insert “and in the case of a Care Trust the non-executive directors must include a person mentioned in regulation 4(5)”.

Amendment of regulation 19 of the principal Regulations

14. In regulation 19(3) of the principal Regulations (meetings and proceedings of committees and sub-committees), after “subject to”, insert “paragraphs (17), (18) and”.

Amendment of the Schedule to the principal Regulations

15. In the Schedule to the principal Regulations (rules as to meetings and proceedings of NHS trusts)—

(a) in paragraph 3(5), after “NHS trust”, insert “which is not a Care Trust”.

(b) after paragraph 3(5), insert the following sub-paragraph—

“ (5A) No business shall be transacted at a meeting of a Care Trust unless one third of the whole number of directors are present including, on or after the operational date of the trust, one executive and two non-executive directors one of which non-executive directors shall be a director mentioned in regulation 4(5). ” .