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Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
Made
9th March 1993
Laid before Parliament
11th March 1993
Coming into force
1st April 1993
The Secretary of State for Health, in exercise of powers conferred on her by section 126(4) of, and paragraphs 12 and 16 of Schedule 5 to, the National Health Service Act 1977(1) and of all other powers enabling her in that behalf, hereby makes the following Regulations:
1.-(1) These Regulations may be cited as the National Blood Authority Regulations 1993 and shall come into force on 1st April 1993.
(2) In these Regulations-
"appointing authority" means-
in relation to the Chairman and any non-officer member of the Authority, the Secretary of State; and
in relation to any officer member other than the chief officer, a committee of the Authority comprising the Chairman, non-officer members and chief officer;
"the Authority" means the National Blood Authority established by the Order;
"Chairman" means the Chairman of the Authority;
"chief officer" means the chief officer of the Authority;
"member" means a member of the Authority other than the Chairman;
"non-officer member" and "officer member" mean, respectively, a member who is not, and one who is, an officer of the Authority;
"the Order" means the National Blood Authority (Establishment and Constitution) Order 1993(2);
"the 1990 Regulations" means the Regional and District Health Authorities (Membership and Procedure) Regulations 1990(3).
2.-(1) The Chairman and non-officer members shall be appointed by the Secretary of State.
(2) The officer members other than the chief officer shall be appointed by a committee of the Authority comprising the Chairman, non-officer members and chief officer.
3. Subject to regulation 4 of these Regulations and to provisions of the 1990 Regulations applied by these Regulations-
(a)the term of office of the Chairman and of members other than the chief officer shall be for such period, not exceeding 4 years, as the appointing authority shall specify on making the appointment; and
(b)the chief officer shall hold office as a member for so long as he remains the chief officer.
4.-(1) The Chairman, and any member other than the chief officer, may resign his office at any time during the period for which he was appointed, by giving notice in writing to the appointing authority which appointed him.
(2) Where the Secretary of State is of the opinion that it is not in the interests of the Authority or of the health service that the Chairman, or a non-officer member, should continue to hold that office, she may forthwith terminate his term of office.
5. Subject to the provisions of the Order as to qualification, and to the provisions of the 1990 Regulations applied by these Regulations as they relate to disqualification, for appointment to the Authority, the Chairman and any member shall, on the termination of his term of office, be eligible for re-appointment.
6.-(1) Subject to paragraphs (2) and (3) of this regulation, the provisions of-
(a)regulation 8 (termination of tenure, or suspension of officer member) of the 1990 Regulations;
(b)regulation 11(2), (4), (5) and (6) (termination of non-officer member's tenure of office), regulation 13(1)(a) to (e), (2) and (3) (disqualification for appointment) and regulation 14 (cessation of disqualification) of the 1990 Regulations; and
(c)regulation 15 (appointment of vice-chairman), regulation 16 (powers of vice-chairman), regulation 17 (appointment of committees and sub-committees), regulation 18 (arrangements for the exercise of functions), regulation 19 (meetings and proceedings) and regulation 20 (disability on account of pecuniary interests) of, and Schedule 2 (rules as to meetings and proceedings) to, the 1990 Regulations;
shall apply as if any reference therein to an Authority included a reference to the Authority.
(2) Regulation 8(1) and (2) of the 1990 Regulations shall not apply in the case of the chief officer.
(3) The provisions of the 1990 Regulations referred to in paragraph (1)(b) of this regulation shall not apply in relation to officer members.
7. The Authority shall make reports to the Secretary of State in such manner and at such time, being at least once each year, as the Secretary of State may direct, and shall furnish to the Secretary of State such information as she may from time to time require.
8. In Schedule 3 to the 1990 Regulations (amendment of instruments relating to the membership and procedure of special health authorities), paragraph 2 shall be omitted.
9. The Central Blood Laboratories Authority Regulations 1982(4) are hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
9th March 1993
(The Note is not part of the Regulations)
These Regulations provide for the appointment and tenure of office of members of the National Blood Authority which is a special health authority established under the National Health Service Act 1977 to exercise functions in relation to the preparation and supply of blood products and the co-ordination, monitoring and publicising of arrangements made by Regional Health Authorities for the collection and supply of blood in their Regions.
In particular, these Regulations provide for the appointment and tenure of office of members of the Authority (regulations 2 and 3), for the termination of office and the eligibility of members for re-appointment (regulations 4 and 5), and for the application to the Authority of certain provisions of Regulations relating to the membership and procedure of Regional and District Health Authorities (regulation 6).
These Regulations also effect a minor amendment in the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 (regulation 8), and revoke the Central Blood Laboratories Authority Regulations 1982 (regulation 9).
1977 c. 49; see section 128(1) for the meaning of "regulations"; section 126(4) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"); paragraph 12 of Schedule 5 was amended by paragraph 9 of Schedule 1 to the 1990 Act.
S.I. 1993/.
S.I. 1990/1331, to which there are amendments not relevant to these Regulations.