The Local Health Boards, NHS Trusts and Special Health Authorities (Constitution, Membership and Procedures) (Miscellaneous Amendments) (Wales) Regulations 2024 / Rheoliadau Byrddau Iechyd Lleol, Ymddiriedolaethau’r GIG ac Awdurdodau Iechyd Arbennig (Cyfansoddiad, Aelodaeth a Gweithdrefnau) (Diwygiadau Amrywiol) (Cymru) 2024

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations make amendments to the legislation concerning the membership and procedures of Local Health Boards, NHS trusts and Special Health Authorities in Wales.

Part 2 of these Regulations amends the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 ( S.I. 2009/779 (W. 67) ), which make provision concerning the membership and procedures of Local Health Boards in Wales. Regulation 3(a) and (c) amends the provisions concerning the appointment of officer members to the board and regulation 3(b) inserts a provision to allow trade unions recognised by the Local Health Board in relation to employment matters to make nominations for the position of trade union member. Regulation 4 amends the eligibility requirements for members who are, or have recently been, employed by NHS bodies in Wales with amended definitions of Local Health Boards and NHS trusts, whilst also inserting provision for those employed by Special Health Authorities. Regulation 5 amends the number of days required for notice of board meetings.

Part 3 of these Regulations amends the National Health Service Trusts (Membership and Procedure) Regulations 1990 ( S.I. 1990/2024 ), which make provision concerning the membership and procedures of NHS trusts in England and Wales. Regulation 7 inserts a definition for the National Health Service (Wales) Act 2006 and amends the definition of health service body to include Local Health Boards. Regulation 8(a) to (c) amends the existing eligibility requirements so that they will only apply to England and (d) to (f) amends the eligibility requirements for NHS trusts in Wales to disqualify those who have been employed by NHS bodies in Wales within the last 12 months from the positions of chair, vice-chair or non-executive director.

Part 4 of these Regulations amends the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 ( S.I. 2009/1385 (W. 141) ), which make provision concerning the membership and procedures of Public Health Wales as an NHS trust. Regulation 10 amends the eligibility requirements to disqualify those who have been employed by NHS bodies in Wales within the last 12 months from the positions of chair, vice-chair or non-executive director. Regulation 11 amends the number of days required for notice of board meetings.

Part 5 of these Regulations amends the Health Education and Improvement Wales Regulations 2017 ( S.I. 2017/909 (W. 221) ), which make provision concerning the membership and procedures of Health Education and Improvement Wales as a Special Health Authority. Regulation 13 amends the definition of health service body to include Special Health Authorities. Regulation 14 amends the eligibility requirements for non-officer members to disqualify those who are, or have been within the previous 12 months, employed by a Special Health Authority. Regulation 15 amends the number of days required for notice of board meetings.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department of Health and Social Services, Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales .