The Health Promotion Authority for Wales Regulations 1991

Made: 25th April 1991

Laid before Parliament: 7th May 1991

Coming into force: 1st June 1991

The Secretary of State for Wales, in exercise of powers conferredupon him by sections 12(c), 126(4) and 128(1) of and paragraphs 10 and12 of Schedule 5 to the National Health Service Act 1977[^f00001] and of all other powers enabling him in that behalf andafter consultation with the bodies recognised by him as representingpersons who, in his opinion, are likely to be affected by theseRegulations in accordance with paragraph 11 of Schedule 5 to the NationalHealth Service Act 1977, hereby makes the following Regulations:—

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Health Promotion Authority forWales Regulations 1991 and shall come into force on 1st June 1991.

• (2) In these Regulations unless the context otherwise requires—

• “the Authority” means the Health Promotion Authority for Wales constituted underthe Constitution Order;

• “the Constitution Order” means the Health Promotion Authority for Wales Constitution Order1991[^f00002].

• (3) Unless the context otherwise requires, any reference in theseRegulations to a numbered regulation is a reference to the regulationbearing that number in these Regulations and any reference in aregulation to a numbered paragraph is a reference to the paragraphbearing that number in that regulation.

Tenure of office of members

2

• (1) Subject to paragraph (5) and to any provisions applied by theseRegulations as to termination of and disqualification for membership,the tenure of office of a member appointed by the Secretary of Stateshall be for such period as the Secretary of State may specify on makingthe appointment.

• (2) The person who is a member by virtue of paragraph (c) of article 5of the Constitution Order shall, subject to paragraph (4), hold officefor so long as he remains the chief officer of the Authority.

• (3) The person who is a member by virtue of paragraph (d) of article 5of the Constitution Order shall, subject to paragraph (4), hold officefor so long as he remains the financial officer of the Authority.

• (4) Where for any period a person mentioned in paragraph (2) orin paragraph (3) is suspended from his duties respectively as chiefofficer or as financial officer of the Authority –

• (a) he shall also be suspended for that period from performing hisfunctions as a member, and

• (b) any person appointed by the Authority to act in his place as chiefofficer or as financial officer shall also be appointed by the Authorityto perform his functions as a member of the Authority for that period.

• (5) Where the Secretary of State is satisfied that it is not in theinterests of the Authority or the health service that a person whom hehas appointed as a member should continue to hold that office, he mayforthwith terminate that member’s tenure of office.

Application of regulations

3

The provisions of regulation 11(1), (4), (5) and (6) (termination oftenure of office), regulation 12 (eligibility for reappointment),regulation 13(1)(a) to (e) and (h), (2) and (3) (disqualification forappointment), regulation 14 (cessation of disqualification), regulation15 (appointment of vice-chairman), regulation 16 (powers ofvice-chairman), regulation 17 (appointment of committees andsub-committees), regulation 18 (arrangements for the exercise offunctions), regulation 19 (meetings and proceedings) and regulation 20(disability on account of pecuniary interest) of and Schedule 2 to theRegional and District Health Authorities (Membership and Procedure)Regulations 1990[^f00003] shall apply in relation to the Authority as if—

• (a) any reference in them to an authority included a reference to theAuthority;

• (b) any reference to the appointing authority were a reference to theSecretary of State; and

• (c) in regulation 13(1)(e) the reference to paragraph (3) of regulation11 were a reference to regulation 2(5).

Reports and papers from the Authority

4

The Authority shall make reports to the Secretary of State in suchmanner and at such time, being at least once a year, as the Secretary ofState may direct and shall furnish to the Secretary of State suchinformation as he may from time to time require.

Revocation

5

The Welsh Health Promotion Authority Regulations 1987[^f00004] are hereby revoked.

Signed

David Hunt — Secretary of State for Wales — 25th April 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke and replace the Welsh Health PromotionAuthority Regulations 1987 (“the 1987 Regulations”). The 1987 Regulations provided for the tenure of office of membersand procedure of the Welsh Health Promotion Authority (“the Authority”), the name of which was changed to the Health Promotion Authorityfor Wales by the Health Promotion Authority for Wales Constitution Order1991. These Regulations are made as a consequence of the changedconstitution of the Authority.

In particular these Regulations provide for the tenure of office ofthe members of the Authority (regulation 2); for the termination of, anddisqualification from tenure of office of members, the appointment ofcommittees and the proceedings of the Authority and any committees itmay establish (regulation 3); for the making of reports and thefurnishing of information to the Secretary of State (regulation 4).Regulation 5 revokes the 1987 Regulations.

Footnotes

[^f00001]: 1977 c. 49; section 126 was amended by section 65(2) ofthe National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”); in section 128(1) see the definitions of“prescribed” and“regulations”; the definition of“regulations” was amended by section 26(2)(i) of the 1990 Act; paragraph 10 ofSchedule 5 was amended by the Health Services Act 1980 (c. 53), Schedule1, paragraph 80 and by section 15(b) of the Health and Social Servicesand Social Security Adjudications Act 1983 (c. 41); paragraphs 10 and 12were modified by S.I. 1985/39, article 7(22) and were amended by the1990 Act, Schedule 1, paragraphs 8 and 9.

[^f00002]: S.I. 1991/1102.

[^f00003]: S.I. 1990/1331, to which there is an amendment notrelevant to these Regulations.

[^f00004]: S.I. 1987/152, as amended by S.I. 1990/1331.