http://www.legislation.gov.uk/id/uksi/2002/3038

http://www.legislation.gov.uk/uksi/2002/3038/schedules/made

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

National Health Service (NHS)

NHS management

Health and social care professionals

Family health services

Dentists

King's Printer of Acts of Parliament

2017-06-13

NATIONAL HEALTH SERVICE, ENGLAND

These Regulations make provision concerning the membership and procedure of the Commission for Patient and Public Involvement in Health established by section 20 of the National Health Service Reform and Health Care Professions Act 2002. In particular, they make provision for the numbers, appointment and tenure of office of members (regulations 2 and 3), the appointment of a deputy-chairman (regulation 4), disqualification for appointment (regulations 5 and 6), termination of tenure of office (regulation 7), the appointment of committees and sub-committees (regulation 8), meetings and proceedings, including provision for disability for participation in proceedings on account of pecuniary interest (regulations 9 and 10, and Schedule 1), and access to meetings and documents of the Commission (regulation 11 and Schedule 2).

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 1(3)

The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004

art. 3(5)

Sch. 5

art. 1(1)(b)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 5(1)(d)

The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004

art. 3(12)

Sch. 12

art. 1(1)(b)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 5(3)

The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004

art. 3(13)

Sch. 13

art. 1(1)(b)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 1(3)

The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004

art. 3(16)

Sch. 16

art. 1(1)(a)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 1(3)(d)

The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004

Sch. 1

para. 44(2)

art. 1(1)(b)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 5(1)(k) and word

The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004

Sch. 1

para. 44(3)

art. 1(2)(a)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 1(3)

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Sch. 1

para. 33(2)

art. 1(1)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 5(1)(e)(iii)

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Sch. 1

para. 33(3)

art. 1(1)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

Sch. 2

para. 5(a)(iii)

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Sch. 1

para. 33(4)

art. 1(1)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 5(4)(h)

The Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Transitional and Consequential Provisions) Order 2004

Sch. 1

para. 8

art. 1(1)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 5(1)(e)(i)

The Patients' Forums and Commission for Patient and Public Involvement in Health (Miscellaneous Amendments) Regulations 2004

reg. 5

reg. 1(1)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 10(5)

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

art. 2(3)

Sch. 3

para. 4

reg. 1

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 5(4)

The Health Protection Agency Act 2004 (National Radiological Protection Board and Health Protection Agency Special Health Authority (Yr Asiantaeth Diogelu Iechyd)) (Consequential Provisions) Order 2005

Sch.

para. 7

art. 1(1)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 5(4)

Sch.

para. 7

art. 1(1)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 5(1)(e)(i)

The National Health Service (Performers Lists) Amendment Regulations 2005

reg. 12(5)

reg. 1(1)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 5(4)(e)

The Health and Social Care (Community Health and Standards) Act 2003 (Public Health Laboratory Service Board) (Consequential Provisions) Order 2005

Sch.

art. 1(1)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

reg. 5(1)(i)

The Local Involvement Networks Regulations 2008

Sch.

para. 3(1)

reg. 1(2)

The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

sch 2

The Commission for Patient and Public Involvement in Health (Membership and Procedure) (Amendment) Regulations 2006

reg 2

SCHEDULE ONERules as to meetings and proceedings of the Commission

Regulation 9(1)

1

The first meeting of the Commission shall be held on such day and at such place as may be fixed by the chairman, and he shall be responsible for convening the meeting.

2

1

The chairman may call a meeting of the Commission at any time.

2

If a requisition for a meeting, signed by at least half of the members, is presented to the chairman, and the chairman either—

a

refuses to call a meeting; or

b

without so refusing, does not within 21 days after the requisition has been presented to him call a meeting,

those members may forthwith call a meeting.

3

Before each meeting of the Commission, a notice of the meeting which—

a

specifies the principal business proposed to be transacted at it; and

b

is signed by the chairman or by an officer of the Commission authorised by the chairman to sign on his behalf,

shall be delivered to each member, or sent by post to his last known address, at least seven clear days before the day of the meeting.

4

The proceedings of any meeting shall not be invalidated by a failure to deliver such notice to any member.

5

In the case of a meeting called under sub-paragraph (2) above by members, the notice shall be signed by those members and no business other than that specified in the notice shall be transacted at the meeting.

3

1

At any meeting of the Commission the chairman or, in his absence, the deputy-chairman (if there is one and he is present) shall preside.

2

If the chairman and any deputy-chairman are absent, such other member present as the other members present shall choose for the purpose shall preside.

4

Every question at a meeting shall be determined by a majority of votes of the members present and competent to vote on the question and, in the case of an equality of votes, the chairman or, in his absence, the person presiding at the meeting shall have a second and casting vote.

5

1

Subject to sub-paragraph (2) below, no business shall be transacted at any meeting unless at least half of the members are present.

2

The chairman shall be present at any meeting of the Commission which is convened for the purpose of appointing a person to act as Chief Executive.

6

1

The minutes of the proceedings of a meeting shall be drawn up and shall be signed at the next ensuing meeting by the person presiding at that next meeting.

2

The names of the members present at a meeting shall be recorded in the minutes.

SCHEDULE TWOAccess to meetings and documents

Regulation 11

PART 1 Access to meetings and documents1

1

Sections 100A to 100D of the Local Government Act 1972 (“the 1972 Act”)28 (admission to meetings of principal councils, access to agenda and connected reports, inspection of minutes and other documents after meetings, access to meetings and documents of certain authorities) shall apply to the Commission as they apply to a principal council within the meaning of Part VA of the 1972 Act, but subject to the following modifications, namely—

a

the proper officer for the purposes of sections 100B, 100C and 100D shall be a member or employee of the Commission appointed for the purpose by the Commission; and

b

the reference in section 100C(1) to the period of six years shall be construed as a reference to the period of four years and the reference in section 100D(2) to the period of four years shall be construed as a reference to the period of two years.

2

Sections 100A to 100D of the 1972 Act shall apply also in relation to a committee or sub-committee of the Commission as they apply to a principal council within the meaning of Part VA of that Act but subject to paragraph (1)(a) and (b) and to the following further modifications, namely—

a

where the meeting of the committee or sub-committee is to be held at premises other than the offices of the Commission, section 100A(6)(a) shall be taken to have been complied with if the notice is given by posting it at those premises;

b

for the purposes of section 100A(6)(c), premises belonging to the Commission shall be treated as belonging to the committee or sub-committee;

c

for the purposes of sections 100B(1), 100C(1) and 100D(1), offices of the Commission shall be treated as offices of the committee or sub-committee.

3

Section 100H of the 1972 Act (supplemental provisions and offences) shall apply to the Commission subject to the following modifications—

a

any reference to any provision of Part VA of that Act or to any right conferred by that Part includes a reference to any such provision as it applies by virtue of this Part of this Schedule or, as the case may be, to any right conferred by Part VA of the 1972 Act as it so applies;

b

in subsection (2)(b) the reference to supplying a copy shall be construed as supplying a copy before the end of the period of three days beginning with the day on which the copy is requested;

c

in subsections (3) and (5) the references to a principal council shall be construed as references to the Commission;

d

subsection (5) shall apply to any meeting of a committee or sub-committee of the Commission.

4

Subject to paragraph 5, Schedule 12A to the 1972 Act (exempt information) shall apply to the Commission as it applies to the principal council and thus the definition of “the authority” in paragraph 2 of Part III shall be construed as though the references in that definition to the principal council were references to the Commission.

5

The application of Schedule 12A is subject to the following modifications—

a

Part I shall apply as though—

i

in paragraph 1 (information concerning employees of the authority) after the words “the authority” there were inserted “or any Strategic Health Authority29, National Health Service Trust30 or Primary Care Trust31”;

ii

paragraphs 2, 2A, 3, 5, 6 and 13 were omitted; and

iii

after paragraph 6 there were inserted the following paragraphs—

6A
Information relating to the physical or mental health of any particular person.
6B
Information relating to—
a
any particular person who is or was included in a list of persons undertaking to provide services under Part II of the National Health Service Act 1977 or is an applicant for inclusion in such a list; or
b
any particular person who is or was providing services, or has made a request to become a person providing services under section 28C of the 1977 Act; or
c
any particular person who is or was performing personal medical services or personal dental services in accordance with arrangements under section 28C of the 1977 Act; or
d
any particular employee, former employee or applicant to become an employee of a person referred to in paragraphs (a), (b) or (c).

b

Part II shall apply as though—

i

in paragraph 1 after the words “paragraphs 1 to 5” there were inserted “or 6B”; and

ii

paragraph 7 were omitted.

PART 2 Access to information relating to members of the Commission2

1

The Commission shall maintain a register containing the name and address of every member of the Commission and of every committee appointed by the Commission.

2

A written summary of the rights—

a

to attend meetings of the Commission and its committees, and

b

to inspect and copy, and be furnished with, documents relating to the Commission or its committees,

which are for the time being conferred by virtue of Part 1 shall be kept at the offices of the Commission.

3

The register maintained by the Commission under paragraph (1) and the summary kept by it under paragraph (2) shall be open to inspection by the public at all reasonable hours and without payment at the offices of the Commission, and any person may, on payment of such reasonable fee as the Commission may determine—

a

make copies of or extracts from any such register or summary kept by it; and

b

require the Commission to supply him, before the end of the period of three days beginning with the day on which the request is made, with a photographic copy of, or extracts from, any such register or summary.