Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (“the principal Regulations”).
Regulation 2 amends regulation 2 of the principal Regulations which is concerned with the membership of Primary Care Trusts. It provides for Directors of Public Health to be included as officer members of PCTs in England and increases the minimum number of members from 8 to 10 to allow for this additional appointment (and the balancing appointment of an additional non-officer member).
Regulation 2(6) sets out transitional arrangements for those trusts where the appointment of a Director of Public Health increases the membership of the trust beyond the maximum numbers allowed by regulations 2(1) and (2) of the principal Regulations. For the period up to 31st March 2004 at the latest, it allows such trusts to have a maximum of 16 members with the maximum being reduced to 15 as soon as an officer member (other than one appointed by virtue of the post he occupies) ceases to be a member.
Regulation 3 amends regulation 3 of the principal Regulations to permit the termination of the tenure of office of certain officer members where the chairman and non-officer members believe that this is appropriate in order to comply with the requirements as to membership of the trust set out in regulation 2.
Regulation 4 amends regulation 4 of the principal Regulations to permit the termination of the tenure of office of:
the chairman and non-officer members where the Secretary of State believes that this is appropriate in connection with the designation of a trust as a Care Trust; and
non-officer members where the Secretary of State believes that this is appropriate in order to comply with the requirements as to membership of the trust set out in regulation 2.
Regulation 5 amends regulation 5 of the principal Regulations. It removes the provision disqualifying for appointment as the chairman or non-officer member of a Primary Care Trust a health professional who has at any time in the 12 months prior to his appointment provided or performed, or assisted in the provision or performance of, services under Part 2 of the National Health Service Act 1977, community health services or a pilot scheme under the National Health Service (Primary Care) Act 1997.
Regulation 6 amends the definition of the principal Regulations in the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 2) (England) Regulations 2001 which wrongly specified the date of the principal Regulations as 2001 instead of 2000.
Regulation 7 amends the citation of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 3) (England) Regulations 2002 to remove the (No. 3) which was wrongly included. Those Regulations were the first amending regulations to be made in 2002.