The Local Health Boards, NHS Trusts and Special Health Authorities (Constitution, Membership and Procedures) (Miscellaneous Amendments) (Wales) Regulations 2024

• Citation: S.I. 2024/1308 (W.)
• Sections: 15

Section 1 Title, coming into force and interpretation

(1) The title of these Regulations is the Local Health Boards, NHS Trusts and Special Health Authorities (Constitution, Membership and Procedures) (Miscellaneous Amendments) (Wales) Regulations 2024.

(2) These Regulations come into force on 20 January 2025.

Section 2 Amendments to the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009

The Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 are amended as follows.

Section 3 Amendments to regulation 4

In regulation 4 (appointment of Local Health Board members)—

(a) for paragraph (2) substitute—

(2) The officer members are appointed as follows—

(a) the chief officer is appointed by the chair, vice-chair and non-officer members;

(b) the remaining officer members are appointed by the chair, vice-chair, non-officer members and the chief officer.

(b) after paragraph (9) insert—

(9A) Each trade union recognised by the Board in relation to employment matters may nominate two persons and the Welsh Ministers may choose a person from those persons nominated to be the trade union member under regulation 3(4)(c).

(c) after paragraph (10) insert—

(11) The validity of appointments made under paragraph 2 is not affected by any vacancy among those members making the appointment.

Section 4 Amendment to paragraph 2 of Schedule 2

In sub-paragraph (1)—

(a) omit “any of the following Local Health Boards or NHS Trusts”;

(b) for paragraphs (a) to (c) substitute—

(a) a Local Health Board established under section 11 of the Act,

(b) an NHS Trust established under section 18 of the Act, or

(c) a Special Health Authority in relation to Wales established by the Welsh Ministers under section 22 of the Act.

(c) omit paragraph (d).

Section 5 Amendment to paragraph 2 of Schedule 3

In paragraph 2(3) of Schedule 3 (rules as to meetings and proceedings of boards), for “ten” substitute “five” .

Section 6 Amendments to the National Health Service Trusts (Membership and Procedure) Regulations 1990

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

Section 7 Amendment to regulation 1

In regulation 1(2) (citation, commencement and interpretation)—

(a) after the definition of “the Act” insert—

“ the Wales 2006 Act ” means the National Health Service (Wales) Act 2006.

(b) in the definition of “health service body”, after sub-paragraph (ba) insert—

(bb) a Local Health Board established under section 11 of the Wales 2006 Act;

Section 8 Amendments to regulation 11

In regulation 11 (disqualification for appointment of chairman, vice-chair and non-executive directors)—

(a) in paragraph (1)(e), at the beginning insert “in relation to England,” ;

(b) in paragraph (1)(ee), at the beginning insert “in relation to England,” ;

(c) in paragraph (1)(f), at the beginning insert “in relation to England,” ;

(d) after paragraph (1)(h) insert—

(j) in relation to Wales, that person is, or has been within the 12 months prior to appointment, in the paid employment of—

(i) a Local Health Board established under section 11 of the Wales 2006 Act,

(ii) an NHS trust established under section 18 of the Wales 2006 Act, or

(iii) a Special Health Authority in relation to Wales established by the Welsh Ministers under section 22 of the Wales 2006 Act.

(e) omit paragraph (6A);

(f) after paragraph (6) insert—

(8) For the purposes of paragraph (1)(j)—

(a) a person is not to be treated as having been in paid employment by reason of having held the position of chair, vice-chair or non-officer member of a Local Health Board; chair, vice-chair or non-executive director of an NHS trust; or chair, vice-chair or non-officer member of a Special Health Authority, and

(b) a person is disqualified from being a chair, vice-chair or non-executive director if following that person’s appointment as a chair, vice-chair or non-executive director they take up paid employment with any of the bodies listed in paragraph (1)(j) other than in the circumstances specified in this paragraph.

Section 9 Amendments to the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009

The Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 are amended as follows.

Section 10 Amendments to regulation 15

In regulation 15 (disqualification for appointment of chair, vice-chair and non-executive directors)—

(a) for paragraph (1)(e) substitute—

(e) that person is, or has been within the 12 months prior to appointment, in the paid employment of—

(i) a Local Health Board established under section 11 of the Act,

(ii) an NHS trust established under section 18 of the Act, or

(iii) a Special Health Authority in relation to Wales established by the Welsh Ministers under section 22 of the Act.

(b) omit paragraph (1)(f);

(c) for paragraph (4) substitute—

(4) For the purposes of paragraph (1)(e)—

(a) a person is not to be treated as having been in paid employment by reason of having held the position of chair, vice-chair or non-officer member of a Local Health Board; chair, vice-chair or non-executive director of an NHS trust; or chair, vice-chair or non-officer member of a Special Health Authority;

(b) a person is disqualified from being a chair, vice-chair or non-executive director if following that person’s appointment as a chair, vice-chair or non-executive director they take up paid employment with any of the bodies listed in paragraph (1)(e) other than in the circumstances specified in this paragraph.

Section 11 Amendment to paragraph 2 of Schedule 2

In paragraph 2(3) of Schedule 2 (rules as to meetings and proceedings of the Trust), for “ten” substitute “five” .

Section 12 Amendments to the Health Education and Improvement Wales Regulations 2017

The Health Education and Improvement Wales Regulations 2017 are amended as follows.

Section 13 Amendment to regulation 2

In regulation 2 (interpretation), in the definition of “health service body”, after sub-paragraph (k) insert—

(1) a Special Health Authority established under section 22 of the Act;

Section 14 Amendment to regulation 5

In regulation 5 (non-officer members – eligibility)—

(a) in paragraph (1) (non-officer members – eligibility)—

(i) omit the “or” after sub-paragraph (a);

(ii) after “Act” in sub-paragraph (b) insert—

;

(c) a Special Health Authority in relation to Wales established by the Welsh Ministers under section 22 of the Act

(b) in paragraph (2) after “Local Health Board” insert “or a Special Health Authority,” .

Section 15 Amendment to paragraph 3 of Schedule 2

In paragraph 3(1) of Schedule 2 (rules for the meetings and proceedings of HEIW) for “10” substitute “5” .