Health and Social Care (Quality and Engagement) (Wales) Act 2020

PART 2 E+W Members

Membership E+W

2 (1) The Citizen Voice Body's members are— E+W

(a) a person appointed by the Welsh Ministers as its chairing member,

(b) a person appointed by the Welsh Ministers as deputy to the chairing member,

(c) at least 6 but not more than 8 other persons appointed by the Welsh Ministers,

(d) its chief executive (see paragraph 9), and

(e) where one or more trade unions are recognised by the Body, a person appointed as its associate member (see paragraph 6).

(2) In this Schedule, the members appointed by the Welsh Ministers are collectively referred to as “non-executive members”; and any reference in this Schedule to the exercise by the non-executive members of a function is a reference to the non-executive members exercising the function as a committee of the Body.

Commencement Information

I1 Sch. 1 para. 2 in force at 1.4.2022 by S.I. 2022/208, art. 3(e)

Disqualification from appointment as non-executive member E+W

3 E+W A person is disqualified from being appointed as a non-executive member of the Citizen Voice Body, if the person is a member of the Body's staff.

Commencement Information

I2 Sch. 1 para. 3 in force at 1.4.2022 by S.I. 2022/208, art. 3(e)

Terms of non-executive membership E+W

4 (1) A non-executive member of the Citizen Voice Body holds office for such period, and on such terms and conditions, as may be specified in the terms of appointment, but this is subject to sub-paragraphs (2) and (4) and paragraph 5. E+W

(2) The period of office specified in a non-executive member's terms of appointment may not exceed 4 years.

(3) A person who has held office as a non-executive member may be reappointed as a non-executive member once only (and sub-paragraph (2) applies in relation to the appointment).

(4) A non-executive member may resign from office by giving written notice to the Welsh Ministers.

(5) The Citizen Voice Body may, with the approval of the Welsh Ministers—

(a) pay its non-executive members remuneration, expenses and allowances;

(b) pay pensions to, or in respect of, persons who have been non-executive members of the Body, and amounts for or towards provision of pensions to, or in respect of, persons who have been non-executive members of the Body.

Commencement Information

I3 Sch. 1 para. 4 in force at 1.4.2022 by S.I. 2022/208, art. 3(e)

Removal of non-executive members from office E+W

5 (1) The Welsh Ministers may by written notice to a non-executive member of the Citizen Voice Body remove that person from office if the Welsh Ministers are satisfied— E+W

(a) that the person is unfit to continue as a member, or

(b) that the person is unable or unwilling to exercise the functions of a member.

(2) The Welsh Ministers may by written notice to a non-executive member of the Body suspend that person from office if it appears to them that there may be grounds to exercise the power in sub-paragraph (1).

(3) A person ceases to be a non-executive member of the Body if the person becomes a member of the Body's staff.

Commencement Information

I4 Sch. 1 para. 5 in force at 1.4.2022 by S.I. 2022/208, art. 3(e)

Appointment of the associate member E+W

6 (1) Sub-paragraph (2) applies where— E+W

(a) one or more trade unions are recognised by the Citizen Voice Body, and

(b) the position of associate member is unoccupied.

(2) The non-executive members must invite each of the trade unions recognised by the Body to nominate an eligible candidate for appointment as the Body's associate member.

(3) The invitation must specify the period within which a nomination is to be made.

(4) The non-executive members must appoint a person, from among the eligible candidates nominated during the period specified under sub-paragraph (3), as the Body's associate member.

(5) A person is an eligible candidate for appointment as the Body's associate member, only if the person is—

(a) a member of the Body's staff, and

(b) a member of a trade union recognised by the Body.

(6) In this Part—

• “recognised”, in relation to a trade union, has the meaning given by the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52);

• “trade union” has the meaning given by that Act.

Commencement Information

I5 Sch. 1 para. 6 in force at 1.4.2023 by S.I. 2023/370, art. 3(1)(s)

Terms of associate membership etc. E+W

7 (1) An associate member of the Citizen Voice Body is not eligible to vote in any proceedings of the Body. E+W

(2) An associate member of the Body holds office for such period, and on such terms and conditions, as may be specified by the non-executive members in the terms of appointment, but this is subject to sub-paragraphs (3) and (5) and paragraph 8.

(3) The period of office specified in an associate member's terms of appointment may not exceed 4 years.

(4) A person who has held office as an associate member may be reappointed under paragraph 6 as an associate member (and sub-paragraph (3) applies in relation to the appointment).

(5) An associate member of the Body may resign from office by giving written notice to the non-executive members.

(6) The Citizen Voice Body may pay an associate member expenses.

Commencement Information

I6 Sch. 1 para. 7 in force at 1.4.2023 by S.I. 2023/370, art. 3(1)(s)

Removal of associate member from office E+W

8 (1) The non-executive members may by written notice to the associate member of the Citizen Voice Body remove that person from office as the associate member if satisfied— E+W

(a) that the person is unfit to continue as a member, or

(b) that the person is unable or unwilling to exercise the functions of a member.

(2) The non-executive members may by written notice to the associate member of the Body suspend that person from office as the associate member, if it appears to them that there may be grounds to exercise the power in sub-paragraph (1).

(3) An associate member ceases to hold office if the member ceases to be an eligible candidate for appointment as an associate member (see paragraph 6(5)).

Commencement Information

I7 Sch. 1 para. 8 in force at 1.4.2023 by S.I. 2023/370, art. 3(1)(s)