Welsh Statutory Instruments
NATIONAL HEALTH SERVICE, WALES
Made
8 March 2005
Coming into force
1 April 2005
The National Assembly for Wales in exercise of powers conferred by sections 16BB(4), 17 and 126(4) and paragraphs 2, 3 and 4 of Schedule 7A to the National Health Service Act 1977(1) hereby makes the following Regulations:
1.—(1) These Regulations may be cited as the Community Health Councils (Amendment) Regulations 2005 and will come into force on 1 April 2005.
(2) In these Regulations “the Principal Regulations” (“y Prif Reoliadau”) means the Community Health Councils Regulations 2004(2).
2.—(1) In regulation 1(2) of the Principal Regulations, the following definition is inserted at the appropriate point in alphabetical order
““Board member” (“aelod o'r Bwrdd”) means a member of the Board of Community Health Councils in Wales established pursuant to regulation 23 of these Regulations”.
(2) The following words are omitted from the definition of “member” (“aelod”): “or a member of the CHC Board as the case may be”.
3. Regulation 3 of the Principal Regulations is revoked and replaced by the following:
3—(1) Subject to regulation 8 (eligibility of members for re-appointment), the term of office of any member appointed or re-appointed on or after 1 April 2005 is between one and five years as specified by the appointing body on appointment.
(2) Where a new Council is to be established under section 20A(2)(b) of the Act for the district or part of a district of an existing Council, the Assembly may determine that the office of any member of the existing Council will cease immediately before the establishment of the new Council.
(3) Where a Council is abolished under section 20A(2)(b) of the Act, the Assembly may determine that the office of any member of the abolished Council will cease immediately.”
4. Following regulation 3 of the Principal Regulations, there is inserted the following new regulation 3A:
3A The term of office of any member already appointed by the appointing body as at 31 March 2005 will be the remainder of that member’s current term of office.”
5.—(1) The words “paragraph (2) and to regulation 9” in regulation 8(1) of the Principal Regulations are removed and the words “paragraphs (2) and (3)” inserted in their place.
(2) Regulation 8(2) of the Principal Regulations is revoked and replaced with the following:
“(2) A person may serve a maximum of ten years as a member of a Council.”
(3) Following the new regulation 8(2) there is inserted
“(3) When calculating the ten year period referred to in paragraph (2) above, all periods of service as a member in any Council will be aggregated, including, but not limited to, service in a Council that has had its district altered and in a Council that has been abolished.”
6. Following regulation 8 of the Principal Regulations the following is inserted:
8A—(1) Those members who were appointed prior to 1 April 2005 may, in accordance with regulation 3A, serve out the remainder of their current term of office, notwithstanding that this may result in them serving more than the ten year maximum prescribed in regulation 8 above.
(2) Once those members referred to in paragraph (1) above have served their current term of office they will, for the avoidance of doubt, be subject to the provisions of regulation 8.”
7. Following the words “wholly of members” in the second line of regulation 12(3) of the Principal Regulations there are inserted the following words, “and, if required, officers”.
8. Following regulation 23(d) of the Principal Regulations, the following will be added:
“(e)establishing a complaints procedure in accordance with regulation 23A.”
9. Following regulation 23 of the Principal Regulations, the following will be added:
23A—(1) The Board must make provision about the handling and consideration of complaints made about the exercise of any of the functions of a Council or the Board.
(2) Before the complaints procedure devised by the Board in accordance with paragraph (1) above is implemented, the Board must first obtain the Assembly’s approval of the procedure.”
10.—(1) A “(1)” is inserted in front of the words “The CHC Board” and the word “Board” is inserted in front of the word “members” in regulation 24 of the Principal Regulations.
(2) Following regulation 24(1) of the Principal Regulations there are inserted the following new paragraphs:
“(2) Only members and officers of Councils are eligible for appointment as a Board member.
(3) The term of office of a Board member will be up to three years, as specified on appointment.”
11. Before the word “members” in the ninth line of regulation 26(1) of the Principal Regulations insert the word “Board”.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)
D. Elis-Thomas
The Presiding Officer of the National Assembly
8 March 2005
(This note is not part of these Regulations)
These Regulations amend the Community Health Councils Regulations 2004 (S.I. 2004/905) (W.89) (“the Principal Regulations”).
Regulation 2 of these Regulations inserts a definition of “Board member” and amends the definition of “member” in regulation 1(2) of the Principal Regulations.
Regulation 3 of these Regulations substitutes an amended version of regulation 3 of the Principal Regulations. The principal change is to the term of office of Community Health Council members which will be between one and five years, as specified on appointment.
Regulation 4 of these Regulations inserts a new regulation 3A into the Principal Regulations. This provides that the term of office of members of a Community Health Council who were appointed on or before 31 March 2005 is the unexpired period of their current term of appointment.
Regulation 5 of these Regulations amends regulation 8(1), replaces regulation 8(2) and adds a new paragraph (3) to regulation 8 of the Principal Regulations. The effect of the changes is to provide that the maximum number of years that a person may serve as a member of a Community Health Council is ten. All service as a member of a Community Health Council or Councils regardless of any reorganisations will be aggregated when calculating the ten year maximum period.
Regulation 6 of these Regulations inserts a new regulation 8A into the Principal Regulations. The new regulation 8A provides that members of a Community Health Council who were appointed before 1 April 2005 may serve the remainder of their current term of office even if this would result in them serving more than the prescribed ten year maximum.
Regulation 7 of these Regulations amends regulation 12(3) of the Principal Regulations to make it clear those officers of a Community Health Council as well as members may sit on a joint committee.
Regulation 8 of these Regulations amends regulation 23 of the Principal Regulations to make it a function of the Board of Community Health Councils in Wales to establish a complaints procedure.
Regulation 9 of these Regulations inserts a new regulation 23A into the Principal Regulations which deals with the establishment of a complaints procedure to be followed in respect of complaints about Councils, individual members and the Board of Community Health Councils in Wales.
Regulation 10 of these Regulations amends regulation 24 of the Principal Regulations. The principal changes are to provide that only Community Health Council members and officers can be appointed to the Board of Community Health Councils in Wales, and that the term of appointment of Board members will be for up to three years.
Regulation 11 of these Regulations amends regulation 26 of the Principal Regulations to make it clear that the “members” referred to are members of the Board of Community Health Councils in Wales.
A regulatory appraisal has been prepared and placed in the library of the National Assembly for Wales.
1977 c. 49. Section 126(4) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19) and by paragraph 37(6) of the Health Act 1999 (c. 8) and by section 1 of the Health (Wales) Act 2003 (c. 4) (“the 2003 Act”). Section 16BB(4) was inserted by section 6 of the National Health Service Reform and Health Care Professions Act 2002 (c. 17). Schedule 7A was inserted by section 1 of the 2003 Act. The functions of the Secretary of State under sections 17 and 126(4) of the National Health Service Act 1977 were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 S.I. 1999/672.