Explanatory note

These Regulations amend the National Health Service Trusts (Membership and Procedure) Regulations 1990 (“the 1990 Regulations”) and the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002 (“the 2002 Regulations”), in consequence of the provisions of the Health Act 2009 relating to powers in relation to failing NHS bodies in England (Chapter 1 of Part 2). Those provisions make provision, in particular, in connection with the de-authorisation of NHS foundations trusts and the appointment of trust special administrators.

In particular, regulation 2 amends the 1990 Regulations so that—

• the rule as to the maximum number of directors does not apply to an NHS foundation trust de-authorised under sections 52D or 65E of the 2006 Act (regulation 2(3));

• the provision relating to tenure of office of chairman and directors does not apply where a chairman or director of a de-authorised NHS foundation trust becomes a chairman or director of the NHS trust under paragraph 4(3) of Schedule 8A of the 2006 Act (regulation 2(4));

• a trust special administrator may appoint committees and sub-committees of an NHS trust (regulation 2(5)), make provision for the exercise of the trust’s functions (regulation 2(6)) and make, vary and revoke standing orders (regulation 2(7)(c) and (d)); and

• the rules relating to the conduct of meetings and proceedings of an NHS trust do not apply where a trust special administrator has been appointed (regulation 2(7)(b)).

Regulation 3 amends the 2002 Regulations so that—

• the rule as to consultation of committees by local NHS bodies (other than NHS foundation trusts) will not apply to any proposals set out in a trust special administrator’s report (regulation 3(2));

• the consultation requirements set out in regulation 4A of the 2002 Regulations will not apply where the substantial variation or the provision by an NHS foundation trust of protected goods or services was proposed in a trust special administrator’s report (regulation 3(3));

• the requirements to obtain information and require attendance set out in regulations 6 and 7 of the 2002 Regulations will not apply in relation to a trust special administrator’s report (regulation 3(4) and (5)).

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.