Statutory Instrument 1996 No. 707

The Health Authorities (Membership and Procedure) Regulations 1996

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© Crown Copyright 1996

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1996 No. 707

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Health Authorities (Membership and Procedure) Regulations 1996

The Secretary of State for Health, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of powers conferred on them by sections 126(4) and 128(1) of, and paragraphs 1 to 4, 12 and 12A of Schedule 5 to the National Health Service Act 1977^[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:—

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Health Authorities (Membership and Procedure) Regulations 1996 and shall come into force on 1st April 1996.

    (2)  In these Regulations, unless the context otherwise requires—

"the 1977 Act" means the National Health Service Act 1977;


"appointed officer member" means an officer member who is appointed in accordance with regulation 2(4)(b);


"appointing authority" means, in relation to an appointed officer member of an Authority, the persons responsible for his appointment in accordance with the Schedule;


"Authority" means a Health Authority;


"discipline committee" means a medical, dental, ophthalmic or pharmaceutical discipline committee or a joint disciplne committee established under the National Health Service (Service Committee and Tribunal) Regulations 1992^[2];


"health service body" means—
 (a) an Authority, a Special Health Authority or an NHS trust;
 (b) a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978^[3], or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS Trust respectively constituted under sections 4, 10 and 12A of that Act;
 (c) The Dental Practice Board;
 (d) The Public Health Laboratory Service Board; and
 (e) the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970^[4];


"medical audit committee" means a committee whose functions are concerned with the analysis of the quality of medical care;


"member", in relation to an Authority, does not include its chairman, and "members" and"membership" shall be construed accordingly;


"non-officer member" means a member of an Authority who is appointed under paragraph 1(b) of the Schedule;


"officer member" means a member of an Authority who is a member by virtue of paragraph 1(c) of the Schedule;


"Part II services" means general medical services, general dental services, general ophthalmic services or pharmaceutical services under the 1977 Act;


"the Schedule" means Part I of Schedule 5 to the 1977 Act^[5];


"service committee" means a medical, dental, ophthalmic or pharmaceutical service committee, a joint services committee or a denture conciliation committee established under the National Health Service (Service Committees and Tribunal) Regulations 1992;


"shares" means shares in the share capital of a company or other body or the stock of a company or other body;


"trade union" has the meaning assigned to it by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992^[6]; and


"the Tribunal" means the Tribunal constituted under section 46 of the 1977 Act^[7].

    (3)  In regulation 16—

"public body" includes any body established for the purpose of carrying on, under national ownership, any industry or part of any industry or undertaking, the governing body of any university, university college or college, school or hall of a university and the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907^[8];


"securities" means—
 (a) shares or debentures, whether constituting a charge on the assets of the company or other body or not, or rights or interests in any shares or such debentures; or
 (b) rights (whether actual or contingent) in respect of money lent to or deposited with, any industrial and provident society or building society.

[1] 1977 c. 49. Section 126(4) was amended by the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"), section 65(2); section 128(1) was amended by the 1990 Act, section 26(2); paragraphs 1 to 4 of Schedule 5 were first repealed by the 1990 Act, section 66(2) and Schedule 10 and replaced by Part I of Schedule 1 to that Act (that Part being later repealed by the Health Authorities Act 1995 (c. 17) ("the 1995 Act"), Schedule 3) and then further replaced by new paragraphs 1 to 4 inserted by the 1995 Act, Schedule 1, paragraph 59; paragraph 12 of Schedule 5 was amended by the 1990 Act, Schedule 1, paragraph 9 and by the 1995 Act, and Schedule 1, paragraph 60(e); paragraph 12A of Schedule 5 was inserted by the 1990 Act, Schedule 1, paragraph 10 and amended and by the 1995 Act, Schedule 1, paragraph 60(f). Section 128(1) is cited for the definitions of "prescribed" and "regulations". See , for the definition of "authority" in paragraphs 12 and 12A of Schedule 5, paragraph 8 of Schedule 5 as amended by the Health Services Act 1980 (c. 53), section 1(7) and Schedule 1, paragraph 80(2), the 1990 Act, Schedule 1, paragraph 6 and the 1995 Act, Schedule 1, paragraph 60(a). back

[2] S.I. 1992/664; relevant amending instrument is S.I. 1996/703. back

[3] 1978 c. 29. Section 2 was amended by the Health and Social Services and Social Security Adjudication Act 1983 (c. 41), Schedule 7, paragraph 1 and by the 1990 Act section 28 section 4 was amended by the Health and Medicines Act 1988 (c. 49), section 12(3) and Schedule 3; section 10 was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 2 and the 1990 Act, Schedule 10; section 12A was inserted by the 1990 Act, section 31. back

[4] 1970 c. 46. back

[5] 1977 c. 49; Part I of Schedule 5 was repealed by the National Health Service and Community Care Act 1990 (c. 19), Schedule 10 and replaced by Part I of Schedule 1 to that Act (that Part being later repealed by the 1995Act, Schedule 3) and then further replaced by the new Part I inserted by the 1995 Act, Schedule 1, paragraph 59. back

[6] 1992 c. 52. back

[7] 1977 c. 49; section 46 was amended by the Health and Social Security Act 1984 (c. 48), Schedule 8; modified by S.I. 1985/39, article 7(16); and amended by the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 34 and by the National Health Service (Amendment) Act 1995 (c. 31), sections, 1, 2(2) and 3. back

[8] 1907 c. cxxxvi. back

Explanatory Note