NATIONAL HEALTH SERVICE, ENGLAND Citation, commencement, interpretation and extent 1 1 These Regulations may be cited as the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 2) (England) Regulations 2001 and shall come into force on 2 In these Regulations— “the principal Regulations ” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2001 . 3 These Regulations extend to England only. Amendment of regulation 1 of the principal Regulations 2 In regulation 1(2) of the principal Regulations (interpretation), in the appropriate place, insert the following definitions— “Care Trust” means a Primary Care Trust designated as a Care Trust pursuant to section 45(1) of the Health and Social Care Act 2001; ; “Primary Care Trust” includes a Care Trust; ; “relevant local authority” means a local authority which is a party to LA delegation arrangements with the Primary Care Trust. . Amendment of regulation 2 of the principal Regulations 3 1 Regulation 2 of the principal Regulations (membership of Primary Care Trusts) shall be amended as follows. 2 At the beginning of paragraph (3), insert “Subject to paragraph (3A),”. 3 After paragraph (3), insert the following paragraph— 3A The non-officer members of a Care Trust shall include at least one member of each relevant local authority, appointed by the Secretary of State following nomination by that authority. . 4 In sub-paragraph (c) of paragraph (4), omit “, but not more than 4 persons,”. 5 After sub-paragraph (c) of paragraph (4), insert the following paragraph— d in the case of a Care Trust, at least one person, appointed by the chairman and non-officer members, who has experience of the health-related functions of local authorities. . 6 In paragraph (10), after “Subject to”, insert “paragraph (10A) and”. 7 After paragraph (10) insert the following paragraph— 10A A non-officer member mentioned in paragraph (3A) shall not be appointed for a period exceeding his remaining term of office as a member of the local authority. . Amendment of regulation 3 of the principal Regulations 4 1 Regulation 3 of the principal Regulations (termination of tenure of office and suspension of officer members) shall be amended as follows. 2 At the beginning of paragraphs (3), (4), (6) and (7), insert “Subject to paragraph (9),”. 3 In paragraphs (3), (4) and (6), after “regulation 2(4)(c)”, insert “or (d)”. 4 At the end of paragraph (5), insert “and, in the case of a Care Trust, shall also so notify each relevant local authority.” 5 After paragraph (8), insert the following paragraph— 9 In the case of a Care Trust a member’s tenure of office shall not be terminated under this regulation unless each relevant local authority has been consulted. . Amendment of regulation 4 of the principal Regulations 5 1 Regulation 4 of the principal Regulations (termination of tenure of office: chairman and non-officer members) shall be amended as follows. 2 At the beginning of paragraphs (4), (5) and (7), insert “Subject to paragraph (10),”. 3 After paragraph (7), add the following paragraphs— 8 Where a relevant local authority notifies the Secretary of State in writing that it no longer wishes a relevant member to continue as a member of the trust the Secretary of State shall forthwith terminate the tenure of office of that member. 9 In paragraph (8) a relevant member means a non-officer member nominated by the authority in accordance with regulation 2(3A). 10 In the case of a Care Trust, a non-officer member’s tenure of office shall not be terminated under paragraph (4), (5) or (7) unless each relevant local authority has been consulted. 11 If the chairman or a non-officer member of a Care Trust who is a member of a local authority is suspended from being a member of that authority by virtue of a decision of a case tribunal made under section 79 of the Local Government Act 2000 he shall be suspended from performing his functions as a member of the Care Trust for the period of the suspension. . Amendment of regulation 5 of the principal Regulations 6 1 Regulation 5 of the principal Regulations (disqualification for appointment: chairman and non-officer members) shall be amended as follows. 2 In paragraph (1)— a in sub-paragraph (c), after “health service body”, insert “, or if the trust is a Care Trust, with a local authority”; and b after sub-paragraph (i), add the following sub-paragraph— j in the case of a Care Trust, he is employed by a local authority. . Amendment of Schedule 2 to the principal Regulations 7 In Schedule 2 to the principal Regulations (rules as to meetings and proceedings of Primary Care Trusts), paragraph 6 shall be amended as follows— a at the end of sub-paragraph (a), insert the word “and”; and b for sub-paragraph (b), substitute the following— b those present include— i in the case of a trust which is not a Care Trust, at least one non-officer member and one officer member, or ii in the case of a Care Trust, at least two non-officer members, one of whom is a member mentioned in regulation 2(3A), and at least one officer member. . Signed by authority of the Secretary of State for Health Jacqui Smith Minister of State, Department of Health 27th November 2001