Regulation 3 Membership

(1)

The Board shall ensure that so far as practicable, at least one person falling within each of the following sub-paragraphs is appointed as a member:–

(a)

a medical practitioner whose name is included in a list of primary medical services performers prepared in accordance with section 17P of the Act^f1;

(b)

a nurse who is registered on the Nursing and Midwifery Council’s professional register and who is employed by the Board or a person or body other than a Board which is party to a general medical services contract;

(c)

a registered pharmacist whose name is included in, or who is fully or substantially employed by a person or body whose name is included in, a pharmaceutical list prepared by a Board in accordance with Regulation 5 of the National Health Service (General Pharmaceutical Services) (Scotland) Regulations 1995^f2;

(d)

a dental practitioner who is either included on Part A of the dental list prepared by a Board in accordance with regulation 4(1) of the National Health Service (General Dental Services) (Scotland) Regulations 1996^f3 or is performing services by virtue of section 39 of the Act;

(e)

an ophthalmic optician whose name is included on an ophthalmic list prepared by a Board in accordance with regulation 6(1) of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986^f4;

(f)

a person registered as an allied health professional with the Health Professions Council^f5;

(g)

an officer of the Board who is a member of, or is nominated by, the area partnership forum;

(h)

a member or officer of a local authority;

(i)

a member of the public partnership forum;

(j)

a member of a voluntary organisation whose activities include the provision of a service similar or related to a service provided by the Board under or by virtue of the Act;

(k)

an officer of the Board; and

(l)

a registered medical practitioner not providing primary medical services.

(2)

Every person appointed by the Board as a member shall, so far as practicable, be employed or perform services in, or have a substantial connection with, the area of the community health partnership.

(3)

Where:

(a)

a member ceases to satisfy paragraph (2); or

(b)

a member appointed pursuant to paragraph (1) ceases to fulfil the requirements of the sub-paragraph of paragraph (1) under which that person was appointed,

the Board shall, by giving notice in writing, remove that person from office as a member.

(4)

Where, in establishing the community health partnership, the Board considers that it is or would be impracticable to appoint a person falling within one or more of the sub-paragraphs in paragraph (1), it shall set out in the scheme of establishment–

(a)

the persons which it is or would be impracticable to appoint; and

(b)

the reasons for that view.

(5)

When determining who to appoint as a member, the Board shall have regard to the need to ensure the membership of the community health partnership reflects a reasonable balance of interest.

Annotations

Footnotes

f1: Section 17P of the Act was inserted by section 5(2) of the Primary Medical Services (Scotland) Act 2004 (asp 1). The current regulations are the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114), as amended by S.S.I. 2004/116.
f2: S.I. 1995/414, as relevantly amended by S.I. 1997/696 and S.S.I. 1999/57.
f3: S.I. 1996/177, as relevantly amended by S.S.I. 1999/51, S.S.I. 2000/188 and S.S.I. 2004/37.
f4: S.I. 1986/965, as relevantly amended by S.I. 1988/543, S.I. 1996/843, S.S.I. 1999/55, S.S.I. 2001/62 and S.S.I. 2004/36.
f5: The Health Professions Council was established by article 3 of the Health Professions Order 2001 (S.I. 2002/254) made under sections 60 and 62(4) of the Heath Act 1999 (c. 8).