Statutory Instruments
2002 No. 557
NATIONAL HEALTH SERVICE, ENGLAND
The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 2) (England) Regulations 2002
Made
8th March 2002
Laid before Parliament
11th March 2002
Coming into force
1st April 2002
The Secretary of State for Health, in exercise of the powers conferred on him by section 126(4) of, and paragraph 5 of Schedule 5A to, the National Health Service Act 1977( 1 ), section 45(7) of the Health and Social Care Act 2001( 2 ) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement, interpretation and extent
1. —(1) These Regulations may be cited as the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 2) (England) Regulations 2002 and shall come into force on 1st April 2002.
(2) In these Regulations, “the principal Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000( 3 ).
(3) These Regulations extend to England only.
Amendment of regulation 2 of the principal Regulations
2. —(1)Regulation 2 of the principal Regulations (membership of Primary Care Trusts) shall be amended as follows.
(2) In paragraph (1)—
(a) At the beginning there shall be inserted “Subject to paragraphs (12) to (14),”;
(b) for “8” there shall be substituted “10”.
(3) In paragraph (2), after “7” there shall be inserted “, or, where paragraph (12) applies, 8”.
(4) In paragraph (4)(a) for “and Director of Finance” there shall be substituted “, Director of Finance and Director of Public Health”.
(5) In paragraph (7) for “and the Director of Finance” there shall be substituted “, the Director of Finance and the Director of Public Health”.
(6) After paragraph (11) the following paragraphs shall be added:
“ (12) Subject to paragraph (14), a Primary Care Trust may, for the relevant period, have 16 members if—
(a) on 31st March 2002 it had 7 officer members who did not include the Director of Public Health; and
(b) as a result of the appointment of the Director of Public Health as an officer member under paragraph (4)(a)—
(i) the number of officer members increased to 8; and
(ii) the number of non-officer members also increased to 8 in accordance with paragraph (2).
(13) For the purposes of paragraph (12), “the relevant period” means the period from 1st April 2002 until the earlier of—
(a) such time as an officer member appointed under paragraph (4)(c) or (7) ceases to be a member; or
(b) 31st March 2004.
(14) If, before 31st March 2004, an officer member appointed under paragraph (4)(c) or (7) ceases to be a member, the Primary Care Trust may have no more than 7 officer members and the number of non-officer members may only exceed that number until the earlier of—
(a) such time as a non-officer member, other than one mentioned in paragraph (3A), ceases to be a member; or
(b) 31st March 2004. ” .
Amendment of regulation 3 of the principal Regulations
3. After paragraph (5) of regulation 3 of the principal Regulations (termination of tenure of office and suspension of officer members), the following paragraph shall be inserted—
“ (5A) Subject to paragraph (9), if the chairman and non-officer members are of the opinion that it is appropriate to do so in order to ensure compliance with regulation 2 above, they may, following such period of notice as appears to them to be reasonable, terminate the tenure of office of a person who is an officer member appointed under regulation 2(4)(c) or (7). ” .
Amendment of regulation 4 of the principal Regulations
4. —(1)Regulation 4 of the principal Regulations (termination of tenure of office: chairman and non-officer members), shall be amended as follows.
(2) After paragraph (4), the following paragraphs shall be inserted—
“ (4A) If the Secretary of State is of the opinion that it is appropriate to do so in connection with the designation of a trust as a Care Trust, he may, following such period of notice as appears to him to be reasonable, terminate the tenure of office of the chairman or a non-officer member of the trust.
(4B) Subject to paragraph (10), if the Secretary of State is of the opinion that it is appropriate to do so in order to ensure compliance with regulation 2 above, he may, following such period of notice as appears to him to be reasonable, terminate the tenure of office of a non-officer member of the trust. ” .
(3) In paragraph (10), after “(4),” there shall be inserted “(4B),”.
Amendment of regulation 5 of the principal Regulations
5. Paragraph (1)(g)(iii) of regulation 5 of the principal Regulations (disqualification for appointment: chairman and non-officer members) shall be omitted.
Amendment of regulation 1 of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 2) (England) Regulations 2001
6. In regulation 1(2) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 2) (England) Regulations 2001( 4 ) (citation, commencement, interpretation and extent) for “2001” there shall be substituted “2000”.
Amendment of regulation 1 of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 3) (England) Regulations 2002
7. In regulation 1(1) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 3) (England) Regulations 2002( 5 ) (citation, commencement and extent) “(No. 3)” shall be omitted.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002
1977 c. 49 ; section 126(4) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), by paragraph 37(6) of Schedule 4 to the Health Act 1999 (c. 8) (“the 1999 Act”) and by paragraph 5(13)(b) of Schedule 5 to the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”); see section 128(1), as amended by section 26(2)(i) of the 1990 Act, for the definition of “regulations”; Schedule 5A was inserted by Schedule 1 to the 1999 Act. The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of, and the entry for the 1977 Act in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672 , as amended by section 66(5) of the 1999 Act. See also section 68 of the 2001 Act.
2001 c. 15 ; see section 66 for the definition of “regulations” and “relevant authority”.
S.I. 2000/89 , as amended by S.I. 2001/2631 , 2001/3787 and 2002/38 .