Statutory Instrument 1995 No. 2630

The Mental Health Act Commission (Amendment) Regulations 1995

---

© Crown Copyright 1995

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Mental Health Act Commission (Amendment) Regulations 1995, ISBN 0110535227. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1995 No. 2630

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Mental Health Act Commission (Amendment) Regulations 1995

The Secretary of State for Health, in exercise of the powers conferred on him by section 16 of and paragraph 12 of Schedule 5 to the National Health Service Act 1977^[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Mental Health Act Commission (Amendment) Regulations 1995 and shall come into force on 1st November 1995.

    (2)  In these Regulations, "the principal Regulations" means the Mental Health Act Commission Regulations 1983^[2].

    (3)  In these Regulations, unless the context requires otherwise, references to a numbered regulation shall be construed as references to the regulation bearing that number in the principal Regulations.

Amendment of regulation 7 of the principal Regulations
    2.—(1)  For paragraph (1) of regulation 7 (committees and sub-committees) there shall be substituted the following paragraph:
"  (1)  The Secretary of State shall appoint a committee of the Commission to be known as the Management Board whose members shall be—
(a) the chairman of the Commission who shall be the chairman of the Management Board;

(b) The vice-chairman of the Commission;

(c) three further members of the Commission appointed by the Secretary of State;

(d) the chief executive of the Commission;

(e) the director of Finance of the Commission; and

(f) any person who may be appointed or co-opted under paragraph (1A).


    (1A)  The Management Board may include—
(a) not more than two persons who are not members of the Commission and who are appointed by the Secretary of State; and

(b) not more than two persons who are members of the Commission and who are co-opted by the Management Board." .



    (2)  In paragraph (2) of regulation 7 for the words "that Committee" there shallo be substituted the words "thge Management Board" and for the words "central policy committee" there shall be substituted the words "Management Board".

    (3)  After sub-paragraph (b) of paragraph (2) of regulation 7 there shall be inserted a new sub-paragraph (bb) as follows:
"(bb) the management of the activities of the Commission;" .



    (4)  In paragraph (4) of regulation 7 for the words "consisting wholly of members of the Commission" there shall be substituted the words "consisting of members of the Commission and persons who are not members of the Commission but are members of the Management Board".

    (5)  For paragraph (5) of regulation 7 there shall be substituted the following paragraph:
"  (5)  The Management Board may, subject to such directions as may be given by the Secretary of State or the Commission, appoint sub-committees consisting—
(a) wholly of members of the Management Board; or

(b) wholly of members of the Commission; or

(c) partly of members of the Management Board who are not members of the Commission and partly of members of the Commission." .

Amendment of regulation 8 of the principal Regulations
    3.    After paragraph (3) of regulation 8 (meetings and proceedings) there shall be added the following paragraphs:
"  (4)  The meetings and proceedings of the Management Board shall be conducted in accordance with Standing Orders made under paragraph (5) of this regulation.

    (5)  Subject to such directions as may be given by the Commission, the Management Board shall make, and may vary or revoke, Standing Orders for the regulation of their proceedings and business and provision may be made in those Standing Orders for the suspension of those Orders." .

Signed by authority of the Secretary of State for Health

John Bowis

Parliamentary Under-Secretary of State Department of Health

9th October 1995

These Regulations amend the Mental Health Act Commission Regulations 1983 by providing for the appointment of a management committee of the Commission to be known as the Management Board in place of the central policy committee. The Regulations provide for the membership of the Management Board and for its proceedings (regulations 2 and 3).

[1] 1977 c. 49; see for the meaning of "regulations", section 128(1), as amended by section 26(2) of the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"); section 16 has been amended by Schedule 1, paragraph 36, Health Services Act (c.53) and Schedule 10 to the 1990 Act; paragraph 12 of Schedule 5 has been amended by Schedule 1, Part III, paragraph 9 of the 1990 Act. back

[2] S.I. 1983/894 as amended by S.I. 1990/1331. back