Statutory Instrument 2000 No. 2434

The National Health Service Trusts (Membership and Procedure) Amendment (England) Regulations 2000

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(a) after the definition of "the Act" insert - 

" "approved mental health NHS trust" means an NHS trust whose functions include the provision of high security psychiatric services[5] and other services[6] for mentally ill patients and which is approved for the former purpose by the Secretary of State[7]"; and

(b) in the definition of "health service body"[8], in paragraph (a) after "Special Health Authority" insert ", a Primary Care Trust".

    (3) In regulation 2[9] (maximum number of directors) - 

(a) at the beginning of paragraphs (1) and (2) insert "Subject to paragraph (3)," and

(b) after paragraph (2) insert - 

    " (3) In the case of an approved mental health NHS trust - 


(a) the maximum number of directors of the NHS trust shall be fourteen, excluding the chairman, and

(b) the NHS trust shall have no more than seven non-executive directors (excluding the chairman) and no more than seven executive directors.".

    (4) In regulation 4 (qualifications for appointments), after paragraph (2) add - 

    " (3) The executive directors of an approved mental health NHS trust shall include, in addition to those directors specified in paragraph (1), a chief officer with responsibility for high security psychiatric services.".

    (5) In regulation 11[10] (disqualification for appointment of chairman and non-executive directors) - 

(a) in paragraph (5)[11], for the words from "the National Blood Authority" to the end substitute the following - 

"  - 
(a) the National Blood Authority,

(b) the National Health Service Information Authority,

(c) the National Health Service Litigation Authority,

(d) the National Health Service Logistics Authority[12],

(e) the National Institute for Clinical Excellence, or

(f) United Kingdom Transplant[13].";



(b) in paragraph (6)[14], for "the chairman or a non-executive director of another NHS trust" substitute the following - 

"  - 
(a) the chairman or a non-executive director of another NHS trust; or

(b) the chairman or a non-officer member of the Ashworth Hospital Authority, the Broadmoor Hospital Authority or the Rampton Hospital Authority";



(c) after paragraph (6) insert - 

    " (7) A person shall not be disqualified by paragraph (1)(e) from being the chairman or a non-executive director of an NHS trust by virtue of being the chairman or a non-officer member of a Primary Care Trust during the Primary Care Trust's preparatory period[15]; and in this paragraph "non-officer member" has the same meaning as in regulation 1(2) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000[16].".

Signed by authority of the Secretary of State for Health


Yvette Cooper
Parliamentary Under Secretary of State for Public Health, Department of Health

11th September 2000

[2] 1990 c. 19; section 5(7) was amended by the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 69(d).back

[3] S.I. 1990/2024, as amended by S.I. 1990/2160, 1996/1755, 1997/2990, 1998/646, 1998/1975 and 1999/945.back

[4] Regulation 1(2) was amended by S.I. 1996/1755, regulation 2(2) and by S.I. 1998/646, regulation 10(2).back

[5] See the 1977 Act, section 4 substituted by the Health Act 1999, section 41.back

[6] See the 1977 Act, section 3(1).back

[7] See the 1990 Act, Schedule 2, paragraph 10(2) inserted by the Health Act 1999, section 41(3).back

[8] The definition of "health service body" was amended by S.I. 1996/1755, regulation 2(2)(b) and by S.I. 1998/646, regulation 10(2)(b).back

[9] Regulation 2 was substituted by S.I. 1998/1975, regulation 2.back

[10] Regulation 11 was amended by S.I. 1990/2160, regulation 2, by S.I. 1998/646, regulation 10(3), and as noted further below.back

[11] Regulation 11(5) was inserted by S.I. 1997/2990, regulation 2(3)(b) and amended by S.I. 1999/945, regulation 2.back

[12] See S.I. 2000/603.back

[13] See S.I. 2000/1621.back

[14] Regulation 11(6) was inserted by S.I. 1998/1975.back

[15] See the 1977 Act, paragraph 2(2) of Schedule 5A inserted by the Health Act 1999, Schedule 1.back

[16] S.I. 2000/89.back