Public Health Citation, commencement and interpretation 1 1 This Order may be cited as the Public Bodies (Joint Working) (Integration Joint Monitoring Committees) (Scotland) Order 2014 and comes into force on 28th November 2014. 2 In this Order— “ the Act ” means the Public Bodies (Joint Working) (Scotland) Act 2014; “appropriate person” means a member of the Health Board, but does not include any person who is both a member of the Health Board and a councillor; “chairperson” means the chairperson of the integration joint monitoring committee for the time being appointed under article 6; “general medical services contract” means a contract under section 17J of the National Health Service (Scotland) Act 1978 ; “nominated member” means a member of the integration joint monitoring committee appointed under article 3(1)(a) or (b) or, article 4(2)(a) or (b); and “third sector bodies” includes non-commercial providers of health or social care, representative groups, interest groups, social enterprises and community organisations. Application 2 1 Article 3 of this Order applies only where an integration scheme is prepared under sections 1(2) or 2(3) of the Act. 2 Article 4 of this Order applies only where an integration scheme is prepared under section 2(4) of the Act. 3 Except as provided for by paragraphs (1) and (2), the provisions of this Order apply to all integration joint monitoring committees. Membership where integration scheme prepared by one local authority 3 1 When an integration joint monitoring committee is established it must include the following members— a at least three councillors nominated by the local authority; b at least three persons nominated by the Health Board; c the chief social work officer of the local authority; d where the integration scheme sets out that the integration model mentioned in section 1(4)(b)of the Act is to apply, the Director of Finance of the Health Board; e where the integration scheme sets out that the integration model mentioned in section 1(4)(c) of the Act is to apply, the proper officer of the local authority appointed under section 95 of the Local Government (Scotland) Act 1973 ; f where the integration scheme sets out that the integration model mentioned in section 1(4)(d) of the Act is to apply, the Director of Finance of the Health Board and the proper officer appointed under section 95 of the Local Government (Scotland) Act 1973 of the local authority; g a registered medical practitioner whose name is included in the list of primary medical services performers prepared by the Health Board in accordance with Regulations made under section 17P of the National Health Service (Scotland) Act 1978 ; h a registered nurse who is employed by the Health Board or by a person or body with which the Health Board has entered into a general medical services contract; and i a registered medical practitioner employed by the Health Board and not providing primary medical services. 2 The members appointed under paragraphs (1)(g) to (i) must be determined by the Health Board. 3 Except where paragraph (4) applies, the persons nominated by the Health Board under paragraph (1)(b) must be non-executive directors of that Health Board. 4 If the Health Board is unable to nominate three non-executive directors— a it must nominate two non-executive directors; and b it must nominate an appropriate person. 5 Once an integration joint monitoring committee is established must, in addition, appoint at least one member as in respect of each of the groups described in paragraph (6). 6 The groups referred to in paragraph (5) are— a where the integration scheme sets out that the integration model mentioned in section 1(4)(b) or (d) of the Act is to apply, staff of the Health Board engaged in the provision of services provided under integration functions; b where the integration scheme sets out that the integration model mentioned in section 1(4)(c) or (d) of the Act is to apply, staff of the local authority engaged in the provision of services provided under integration functions; c third sector bodies carrying out activities related to health or social care in the area of the local authority; d users of health and social care services residing in the area of the local authority; and e persons providing unpaid care in the area of the local authority. 7 The integration joint monitoring committee may appoint such additional members as it sees fit. Membership where integration scheme prepared by two or more local authorities 4 1 Subject to the provisions of this article, where an integration scheme is prepared by a Health Board jointly with more than one local authority under section 2(4) of the Act, the membership of the integration joint monitoring committee must be agreed between the Health Board and the local authorities. 2 When an integration joint monitoring committee is established it must include the following members— a at least three councillors nominated by the local authorities or, if the integration scheme is prepared by more than three local authorities, one councillor nominated by each local authority; b at least three persons nominated by the Health Board; c the chief social work officer of at least one of the local authorities; d where the integration scheme sets out that the integration model mentioned in section 1(4)(b) of the Act is to apply, the Director of Finance of the Health Board; e where the integration scheme sets out that the integration model mentioned in section 1(4)(c) of the Act is to apply, the proper officer appointed under section 95 of the Local Government (Scotland) Act 1973 of at least one of the local authorities; f where the integration scheme sets out that the integration model mentioned in section 1(4)(d) of the Act is to apply, the Director of Finance of the Health Board and the proper officer appointed under section 95 of the Local Government (Scotland) Act 1973 of at least one of the local authorities; g a registered medical practitioner whose name is included in the list of primary medical services performers prepared by the Health Board in accordance with Regulations made under section 17P of the National Health Service (Scotland) Act 1978; h a registered nurse who is employed by the Health Board or by a person or body with which the Health Board has entered into a general medical services contract; and i a registered medical practitioner employed by the Health Board and not providing primary medical services. 3 The members appointed under paragraphs 2(g) to (i) must be determined by the Health Board. 4 Except where paragraph (5) applies, the persons nominated by the Health Board under paragraph (2)(b) must be non-executive directors of that Health Board. 5 If the Health Board is unable to nominate three non-executive directors— a it must nominate two non-executive directors; and b it must nominate an appropriate person. 6 Once an integration joint monitoring committee is established it must appoint at least one member as a representative of each of the groups described in paragraph (7). 7 The groups referred to in paragraph (6) are— a staff of the Health Board engaged in the provision of services provided under integration functions; b staff of the local authorities engaged in the provision of services provided under integration functions; c third sector bodies carrying out activities related to health or social care in the area of the local authority; d users of health and social care services residing in the area of the local authority; and e persons providing unpaid care in the area of the local authority. 8 The integration joint monitoring committee may appoint such additional members as it sees fit. Term of office of members 5 1 Subject to paragraph (2), the term of office of a member of the integration joint monitoring committee is to be determined by the Health Board and local authority, but is not to exceed three years. 2 A member appointed under article 3(1)(c) to (f) or, as the case may be, article 4(2)(c) to (f) is to remain a member for as long as they hold the office in respect of which they are appointed. 3 At the end of a term of office determined under (1), a member may be reappointed for a further term of office. 4 This article is subject to articles 9 (resignation of members) and 10 (removal of members). Appointment of chairperson 6 1 When an integration joint monitoring committee is established, the Health Board and local authority must appoint a chairperson from among the nominated members. 2 The local authority and Health Board may by agreement, and, where it is reasonably practicable to do so, after providing one month’s notice to the chairperson, appoint a different chairperson. Vacancy in membership 7 A vacancy in the membership of an integration joint monitoring committee will not invalidate anything done or any decision made by that committee. Disqualification 8 1 A person to whom paragraph (2) applies is disqualified from being a member of an integration joint monitoring committee. 2 This paragraph applies to— a a person who has within the period of five years immediately preceding the proposed date of appointment been convicted of any criminal offence in respect of which the person has received a sentence of imprisonment (whether suspended or not) for a period of not less than three months (without the option of a fine); b a person who has been removed or dismissed, for disciplinary reasons, from any paid employment or office with a Health Board or local authority; c a person who is insolvent; d a person who has been removed from a register maintained by a regulatory body other than where the removal was voluntary; and e a person who has been subject to a sanction under section 19 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 . 3 For the purposes of paragraph (2)(a) the date of conviction shall be deemed to be the date on which the days of appeal expire without any appeal having been lodged, or if an appeal has been made, the date on which the appeal is finally disposed of or treated as having been abandoned. 4 In this article— a a person is “insolvent” if— i the person’s estate is sequestrated; ii the person is adjudged bankrupt; iii the person enters a trust deed for creditors; iv an individual voluntary arrangement proposed by the person is approved under Part 8 of the Insolvency Act 1986 ; v the person enters into a debt payment programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 as the debtor; vi a bankruptcy restrictions order has been made under section 56A(1) of the Bankruptcy (Scotland) Act 1985 or section 281A of , and Schedule 4A to, the Insolvency Act 1986 in respect of the person; or vii the person has given a bankruptcy restrictions undertaking under section 56G(1) of the Bankruptcy (Scotland) Act 1985 or section 281A of, and Schedule 4A to, the Insolvency Act 1986 ; b the term “regulatory body” means any of the following— i the Registrar of Chiropractors; ii the registrar of the General Dental Council; iii the registrar of the General Medical Council; iv the registrar of the General Optical Council; v the Registrar of the General Pharmaceutical Council; vi the Registrar of the Health and Care Professions Council; vii the Registrar of Nursing and Midwifery Council; viii the Registrar of Osteopaths; or ix the Scottish Social Services Council; c a “voluntary” removal from a register maintained by a regulatory body includes removal by reason of retirement or otherwise ceasing to practice as a regulated professional. Resignation of members 9 1 Subject to paragraph (3), a member may resign their membership of the integration joint monitoring committee at any time by giving notice in writing to the committee. 2 If a nominated member gives notice under paragraph (1), the integration joint monitoring committee must give notice to the local authority or, as the case may be, Health Board which nominated the member. 3 Paragraph (1) does not apply to a member appointed under articles 3(1)(c) to (f) or 4(2)(c) to (f). Removal of members 10 1 If a member has not attended three consecutive meetings of the integration joint monitoring committee, and their absence was not due to illness or other reasonable cause, the committee may remove the member from office by providing the member with one month’s notice in writing. 2 If a member acts in a way which brings the integration joint monitoring committee into disrepute, or in a way which is inconsistent with the proper performance of the functions of the committee, the committee may, with the agreement of the Health Board and local authority, remove the member from office with effect from such date as the integration joint monitoring committee may specify to the member in writing. 3 If a member is disqualified under article 8 during a term of office they are to be removed from office immediately. 4 If a member who is a councillor appointed on the nomination of the local authority ceases, for any reason, to be a councillor he or she is to be removed from office with effect from the day on which he or she ceases to be a councillor. 5 Subject to paragraphs (1) to (4), a local authority or Health Board may remove a member nominated by it providing one month’s notice to the member in question and to the integration joint monitoring committee. Voting 11 Every question at a meeting of the integration joint monitoring committee is to be determined by a majority of the votes of the members attending the meeting and entitled to vote on the question and, in the case of any equality of votes, the person presiding at the meeting is to have a casting vote. Proxies 12 1 If a nominated member is unable to attend a meeting of the integration joint monitoring committee, the Health Board or local authority which nominated that member is to use its best endeavours to arrange for a suitably experienced proxy to attend the meeting in place of the nominated member. 2 If a member who is not a nominated member is unable to attend a meeting of the integration joint monitoring committee that member may arrange for a suitably experienced proxy to attend the meeting. 3 A proxy attending a meeting of the integration joint monitoring committee may vote on decisions put to that meeting. Expenses 13 An integration joint monitoring committee may pay to its members any reasonable travel and other expenses properly incurred by them in connection with their membership of the committee. Standing orders 14 1 An integration joint monitoring committee must make, and may amend, standing orders for the regulation of its procedure and business, and all meetings and the proceedings of the integration joint monitoring committee must be conducted in accordance with those standing orders. 2 Standing orders prepared under paragraph (1) must include— a provision to allow for members to attend a meeting of the integration joint monitoring committee either by being present together with other members in a specified place, or in any other way which enables members to participate despite not being present with other members in a specified place; and b the matters set out in the Schedule. ALEX NEIL A member of the Scottish Government St Andrew’s House, Edinburgh 28th October 2014