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Statutory Instrument 1990 No. 2583

The National Health Service (Appointment of Consultants) (Wales) Amendment Regulations 1990

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1990 No. 2583

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (Appointment of Consultants) (Wales) Amendment Regulations 1990

Made13th December 1990
Laid before Parliament19th December 1990
Coming into force9th January 1991

    The Secretary of State for Wales, in exercise of powers conferred on him by sections 12(a), 126(1), (4) and (5) and 128(1) of and paragraph 10 of Schedule 5 to the National Health Service Act 1977 [1], and of all other powers enabling him in that behalf, after consultation in accordance with paragraph 11(1) of that Schedule with bodies recognised by him as representing persons likely to be affected, hereby makes the following Regulations:—
    Citation and commencement
        1.    These Regulations may be cited as the National Health Service (Appointment of Consultants) (Wales) Amendment Regulations 1990 and shall come into force on 9th January 1991.
    Amendment of Regulations
        2.—(1)  The National Health Service (Appointment of Consultants) (Wales) Regulations 1983[2] shall be amended in accordance with the following paragraphs of this regulation.

        (2)  In regulation 2(1) (interpretation)—
       (a) in the definition of "appropriate body" for the words from "the Royal College of Physicians of London" to "Dental Surgery" there shall be substituted the words "the College of Anaesthetists, the College of Ophthalmologists, the Royal College of Physicians of London and its associated Faculties of Public Health Medicine and Occupational Medicine, the Royal College of Surgeons of England and its associated Faculty of Dental Surgery";
       (b) after the definition of "consultant" there shall be inserted the following definitions—
        ""general manager" means the person holding the post or performing the duties, in relation to a District Health Authority, of district general manager;

          "hospice" means an institution which provides hospital accommodation wholly or mainly for persons resident there who are terminally ill;"
       (c) for the definition of "Teaching Authority" there shall be substituted the following definition—
        ""Teaching Authority" for the purpose of regulation 4(1)(e) means a District Health Authority specified in Part I of Schedule 1 to the Regional and District Health Authorities (Membership and Procedure) Regulations 1990[3];"

        (3)  In regulation 4(1) (exempted appointments) after sub-paragraph (i) there shall be added the following sub-paragraph—
        "(j) medical practitioners who are employed on the staff of a hospice to provide medical services in the hospice and who are to be appointed to the staff of an Authority and who will receive no remuneration from an Authority in respect of their tenure of their post.".


        (4)  In regulation 6 (constitution of committees)—
      for paragraphs (a) and (b) there shall be substituted the following paragraphs—
          "(a) subject to paragraph (b) where the appointment is to be made by a single District Health Authority otherwise than to a post specified in Schedule 1A, in accordance with Schedule 1;
          (aa) where the appointment is to be made by a single District Health Authority to a post specified in Schedule 1A, in accordance with that Schedule;
          (b) where the appointment is to be made by South Glamorgan Health Authority otherwise than to a post specified in Schedule 1A, in accordance with Schedule 2;".

        (5)  In Schedule 1 (appointments by a District Health Authority)—
       (a) in the title after the words "DISTRICT HEALTH AUTHORITY" there shall be inserted the words "OTHER THAN SOUTH GLAMORGAN HEALTH AUTHORITY";
       (b) in paragraph 1 for the word "seven" there shall be substituted the word "eight";
       (c) in paragraph 2(1) the words "of the Authority" shall be deleted;
       (d) in paragraph 2(2) for the words "of another Authority" there shall be substituted the words "appointed after consultation with another Authority";
       (e) in paragraph 2(5) for the words "Welsh National School of Medicine, and" there shall be substituted the words "University of Wales College of Medicine, and";
       (f) in paragraph 2(6) for the words "dental appointment." there shall be substituted the words "dental appointment, and"
       (g) after paragraph 2(6) there shall be added the following sub-paragraph—
        "  (7)  one shall be the general manager of the Authority."

        (6)  After Schedule 1 there shall be inserted Schedule 1A set out in the Schedule to these Regulations.

        (7)  In Schedule 2 (appointments by a Teaching Authority)—
       (a) in the title for the words "A TEACHING" there shall be substituted the words "SOUTH GLAMORGAN HEALTH";
       (b) in paragraph 1 for the word "seven" there shall be substituted the word "eight";
       (c) in paragraph 2(1) for the words "Welsh National School of Medicine" there shall be substituted the words "University of Wales College of Medicine";
       (d) in paragraph 2(3) for the words "the Authority and" there shall be substituted the words "the Authority,";
       (e) in paragraph 2(4) for the words "Welsh National School of Medicine" there shall be substituted the words "University of Wales College of Medicine, and";
       (f) after paragraph 2(4) there shall be added the following sub-paragraph—
        "  (5)  one shall be the general manager of the Authority.".

        (8)  In Schedule 3 (appointments by Authorities acting together)—
       (a) in paragraphs 2, 3(b) and 4 for the words "a Teaching" there shall be substituted the words "South Glamorgan Health";
       (b) in paragraph 2, for the word "nine" there shall be substituted the word "ten";
       (c) in paragraph 2(1)(a) for the words "Welsh National School of Medicine" there shall be substituted the words "University of Wales College of Medicine";
       (d) in paragraph 2(1)(b)(ii) for the words "Welsh National School of Medicine and" there shall be substituted the words "University of Wales College of Medicine,";
       (e) in paragraph 2(2) for the words "dental appointment." there shall be substituted the words "dental appointment, and";
       (f) after paragraph 2(2) there shall be added the following sub-paragraph—
        "  (3)  one shall be the general manager of one of the Authorities concerned in making the appointment, as those Authorities acting jointly may agree and in default of agreement, the general manager of the Authority for which the appointee will carry out the greater part of his duties.".

        (9)  In Schedule 4 (general provisions applying in all cases)—
       (a) for paragraph 2 there shall be substituted the following paragraph—
              "2.—(1)  Subject to sub-paragraph (2) below, where an appointed member is unwilling or unable to perform his functions another person may be appointed in the same manner to be a member in his place.

              (2)  Where the person who is unwilling or unable to perform his functions is either the Chief Administrative Medical Officer and Director of Public Health Medicine or the general manager of the Authority then—
            (a) in place of the Director a consultant in public health medicine only may be appointed, and
            (b) in place of the general manager a senior officer of the Authority may be appointed, but such an appointment shall only be made with the consent of the Chairman of the Committee after he has sought the views of the members of the Committee.";

       (b) after paragraph 6 there shall be inserted the following paragraph—
              "6A.  (1)  In respect of any appointment where the Authorities act jointly, the general manager, or in his place a senior officer of each Authority so acting, shall be entitled to attend the meeting of the Committee, even where not appointed as a member under paragraph 2(3) of Schedule 3.

              (2)  A person attending the meeting by virtue of this paragraph only shall be entitled to participate in the discussions of the Committee at the invitation of the Chairman of the Committee but may not vote in the proceedings of the Committee."




David Hunt

Secretary of State for Wales

13th December 1990




Notes:

[1] 1977 c. 49; section 12(a) was amended by the Health Services Act 1980 (c. 53) ( 1980 Act section 1(7) and Schedule 1, paragraph 32 and was further amended by the National Health Service and Community Care Act 1990 (c. 19) ( 1990 Act section 66(2) and Schedule 10; section 126(4) was amended and (5) was inserted by the 1990 Act, section 65(2); paragraph 10 of Schedule 5 was amended by the 1980 Act, section 1(7) and Schedule 1, paragraph 80(3) and was further amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 14(1) and Schedule 6, paragraph 3 and the Health and Social Security Act 1984 (c. 48), section 5(4) and Schedule 3, paragraph 14. See section 128(1) of the National Health Service Act 1977 for the definition of "regulations".

[2] S.I. 1983/1275.

[3] S.I. 1990/1331.

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