The Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 2009

Made: 11th March 2009

Coming into operation: 1st April 2009

The Department of Health, Social Services and Public Safety makes the following regulations in exercise of the powers conferred by section 12(2) of, and paragraphs 3 and 18(1) of Schedule 2 to, the Health and Social Care (Reform) Act (Northern Ireland) 2009[^f00001]:

Citation, commencement and interpretation

1

• (1) These regulations may be cited as the Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 2009 and shall come into operation on 1st April 2009.

• (2) In these regulations—

• “the Act” means the Health and Social Care (Reform) Act (Northern Ireland) 2009;

• “bankruptcy restrictions order” means an order made under Schedule 2A of the Insolvency (Northern Ireland) Order 1989[^f00002] or Schedule 4A of the Insolvency Act 1986;

• “charity trustee” means one of the persons having the general control and management of the administration of a charity;

• debt relief restrictions order” means an order made under Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989 or Schedule 4ZB to the Insolvency Act 1986;

• former health service body” means a clinical commissioning group, a Strategic Health Authority, a Primary Care Trust , the Health and Social Care Information Centre or the Health Protection Agency;

• “health service body” means—any of the following within the meaning of the National Health Service Act 2006[^f00003]—......an NHS trust;a Special Health Authority; ... NHS England;the National Institute for Health and Care Excellence;...a Local Health Board; an integrated care board; any of the following within the meaning of the National Health Service (Scotland) Act 1978[^f00004]—a Health Board;a Special Health Board;the Common Services Agency for the Scottish Health Service;the Scottish Dental Practice Board;the Wales Centre for Health established under section 2 of the Health (Wales) Act 2003[^f00005];... andthe Care Quality Commission established under section 1 of the Health and Social Care Act 2008[^f00007];

• “trustee for a charity” is a person not being a charity trustee, in whom legal title to the property of the charity is vested.

Membership

2

• (1) The prescribed number of persons appointed by the Department for the purposes of paragraph 3(1)(b) of Schedule 2 to the Act shall be 5.

• (2) The prescribed officers for the purposes of paragraph 3(1)(d) of Schedule 2 to the Act shall be—

• (a) the Director of Public Health; and

• (b) the Director of Nursing and Allied Health Professions.

• (3) The prescribed number of officers for the purposes of paragraph 3(1)(e) of Schedule 2 to the Act shall be 1.

• (4) For the purposes of paragraph 3(1)(f) of Schedule 2 to the Act the prescribed number of members of district councils appointed by the Department shall be 2 and the appointments shall be made in accordance with the Code of Practice for Ministerial Appointments to Public Bodies[^f00008].

Joint membership

3

Where more than one person is appointed jointly to a post in the Agency which qualifies the holder for membership in accordance with paragraph 3(1)(d) of Schedule 2 to the Act or in relation to which an officer is to be appointed in accordance with paragraph 3(1)(e) of Schedule 2 to the Act those persons shall become or be appointed as a member jointly, and shall count for the purposes of regulation 2 as one person.

Disqualification for appointment

4

• (1) Subject to regulation 5, a person shall be disqualified for appointment under regulation 2(1) and 2(4) if that person—

• (a) has within five years of the day the appointment would otherwise have taken effect been convicted, whether in the United Kingdom or elsewhere, of any offence and has been given a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;

• (b) has been dismissed, other than by reason of redundancy, from any paid employment with the Department, a health and social care body , a health service body or a former health service body;

• (c) is the subject of a bankruptcy restrictions order or he is the subject of a debt relief restrictions order;

• (d) is subject to a disqualification under the Company Directors Disqualification (Northern Ireland) Order 2002[^f00009], the Company Directors Disqualification Act 1986[^f00010] or to an order made under section 429(2)(b) of the Insolvency Act 1986[^f00011] (failure to pay under county court administration order);

• (e) has been

• (i) removed from the office of charity trustee or trustee for a charity in Northern Ireland or by an order made by the Charity Commissioners or the High Court in England and Wales on the grounds of any misconduct or mismanagement in the administration of the charity for which that person was responsible or to which that person was privy, or which that person by his conduct contributed to or facilitated; or,

• (ii) removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990[^f00012] (powers of the Court of Session to deal with management of charities), from being concerned in the management or control of any body;

• (f) is a Chair, chairman, member or non-executive director of a health and social care body or a health service body ...;

• (fa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) holds any paid employment or office with the Department, a health and social care body or a health service body;

• (h) is a person who has been removed from office as the Chair, chairman, member or non-executive director of a health and social care body , a health service body ... or a former health service body (other than a clinical commissioning group);

• (i) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group.

• (2) For the purposes of paragraph 1(a)—

• (a) the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted; and

• (b) there shall be disregarded—

• (i) any conviction by or before a court outside the United Kingdom for an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom;

• (ii) any sentence of imprisonment passed by such a court on a person who at the time the sentence was passed was under 21 years of age.

• (3) For the purposes of paragraph 1(b)—

• (a) a person shall not be treated as having been in paid employment by reason only of his being

• (i) a Chair, chairman, member or non-executive director of a health and social care body , a health service body ... or a former health service body (other than a clinical commissioning group), or

• (ii) the chair or a member of the governing body of a clinical commissioning group; and

• (b) “dismissed” excludes dismissal which was established to have been unfair in industrial tribunal proceedings.

Cessation of disqualification

5

• (1) Subject to paragraph (2), where a person is disqualified under regulation 4(1)(b) (dismissed employees) that person may, after the expiry of a period of not less than two years, apply in writing to the Department to remove the disqualification and the Department may direct that the disqualification shall cease.

• (2) Where the Department refuses an application to remove a disqualification no further application may be made by that person until the expiration of two years from the date of the application.

• (3) Where a person is disqualified under regulation 4(1)(h) (certain Chairs, chairmen, members and non-executive directors whose appointments have been terminated), the disqualification shall cease on the expiry of a period of two years or such longer period as the Department specifies when terminating his period of office but the Department may on application being made to it by that person reduce the period of disqualification.

Annual report

6

The Agency shall, in respect of each financial year, prepare and send to the Department a report on the exercise of its functions which shall—

• (a) specify the financial year to which it relates;

• (b) describe the organisational structure of the Agency and the matters for which the Agency is responsible;

• (c) review the Agency’s activities during that year, including details of—

• (i) the priorities and objectives which have been set;

• (ii) the achievements of the Agency, measured by reference to the priorities and objectives which have been set; and

• (iii) the co-operation with other bodies to secure improvement in the health and social well-being of people in Northern Ireland;

• (d) specify any material events affecting performance; and

• (e) include the names of any persons who at any time during the relevant financial year have been a member of the Agency.

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 11th March 2009

Dr J F Livingstone — A senior officer of the — Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the regulations)

EXPLANATORY NOTE

These regulations make provision concerning the membership of the Regional Agency for Public Health and Social Well-being established under the Health and Social Care (Reform) Act (Northern Ireland) 2009. They prescribe that 5 persons shall be appointed to the Agency by the Department (regulation 2(1)) and that 1 officer shall be appointed by the Chair and other specified members of the Agency (regulation 2(3)). The regulations also prescribe that the Director of Public Health and the Director of Nursing and Allied Health Professions shall be Agency members (regulation 2(2)) and that 2 district councillors shall be members of the Agency (regulation 2(4)). They also make provision relating to joint officer appointments, the appointment of district councillors and provide for the disqualification and cessation of disqualification for appointment of persons appointed by the Department under these regulations. In addition, the regulations prescribe content of the Regional Agency for Public Health and Social Well-being’s annual report.

Footnotes

[^f00001]: 2009 c.1 (N.I.)

[^f00002]: S.I. 1989/2405 (N.I. 19). The relevant amending instrument is S.I. 2005/1455 (N.I. 10)

[^f00003]: 2006 c.41

[^f00004]: 1978 c.29; section 2 was amended by paragraph 1 of Schedule 7 to the Health and Social Services and Social Security Adjudications Act 1983 (c.41) and by section 28 of the National Health Service and Community Care Act 1990 (c.19); section 10 was amended by paragraph 2 of Schedule 6 to the Health Services Act 1980 (c.53)

[^f00005]: 2003 c.4

[^f00007]: 2008 c.14

[^f00008]: Issued in May 2007 and available online at www.ocpani.gov.uk

[^f00009]: S.I. 2002/3150 (N.I. 4)

[^f00010]: 1986 c.46

[^f00011]: 1986 c.45

[^f00012]: 1990 c.40

Editorial notes

[^key-3f5457adce74215198c6c7b5ec40a88f]: Reg. 1 in operation at 1.4.2009, see reg. 1(1)

[^key-53679ef66d4afdd55080c45c0a24e2df]: Reg. 2 in operation at 1.4.2009, see reg. 1(1)

[^key-d27fe7af0eafe8e1a68d93b623960aa9]: Reg. 3 in operation at 1.4.2009, see reg. 1(1)

[^key-9c5c6a9405bce9bda82d0301d042157a]: Reg. 4 in operation at 1.4.2009, see reg. 1(1)

[^key-6a366cfb46233e33a66c231921d532ff]: Reg. 5 in operation at 1.4.2009, see reg. 1(1)

[^key-45f914425e3b8fb638a55251e1dc2714]: Reg. 6 in operation at 1.4.2009, see reg. 1(1)

[^key-5d4fafefb871656564d8dbd83b945f18]: Words in reg. 1(2) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 136(2)(a)

[^key-59f5dd973289c65404bd9f7a2d31e51e]: Words in reg. 1(2) omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 136(2)(b)(i)

[^key-3ceb0e2974c35de6d58792429086ebe5]: Words in reg. 1(2) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 136(2)(b)(ii)

[^key-358664444d1c365079e0f5a5d9506dff]: Words in reg. 1(2) omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 136(2)(b)(iii)

[^key-21726c7080d3387a960cfe7f6db5fb53]: Words in reg. 4(1)(b) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 136(3)(a)

[^key-01fec4a0d33f4479e00f965440e5730a]: Words in reg. 4(1)(h) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 136(3)(d)

[^key-7fe97293b15f2b6a3ef8183c20eef555]: Reg. 4(1)(i) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 136(3)(e)