1. Elected members of Health Boards S
(1) Schedule 1 (Health Boards) to the National Health Service (Scotland) Act 1978 (c. 29) (the “ 1978 Act ”) is amended as follows.
(2) For paragraph 2 substitute— “ 2 (1) A Health Board is to consist of the following types of members—
(a) a chairman, and other members, appointed by the Scottish Ministers (“appointed members”),
(b) councillors appointed by the Scottish Ministers following nomination by local authorities in the area of the Health Board (“councillor members”), and
(c) individuals elected as members of the Health Board at an election held under Schedule 1A (“elected members”).
(2) Regulations must, in relation to each Health Board, specify—
(a) the total number of members of the Board, and
(b) the number of each type of member.
(3) But—
(a) the total number of councillor members and elected members of a Board must amount to more than half the total number of members, and
(b) a Board must contain at least one councillor member for each local authority whose area is wholly or partly within the area of the Board.
(4) The conditions imposed by sub-paragraph (3) do not apply during any period when an elected member or, as the case may be, councillor member vacates office and the vacancy has not been filled. ” .
(3) In paragraph 2A, for “persons appointed under paragraph 2 above” substitute “ appointed members ” .
(4) In paragraph 3—
(a) for “Appointments under paragraph 2 shall be made” substitute “ An appointed member may be appointed only ” , and
(b) sub-paragraph (a) is omitted.
(5) After paragraph 3 insert— “ 3A A person appointed as chairman of a Health Board may not be an employee of that Health Board. ” . F1 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In paragraph 11(a), for “chairman and members of Health Boards” substitute “ appointed members and councillor members (including provision specifying circumstances in which the Scottish Ministers may determine that such a member is to vacate office) ” . F2 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F1 S. 1(6) repealed (31.12.2013) (conditionally) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5) , ss. 6(2) (3)(a), 11(1) ; S.S.I. 2013/364 , art. 2 (with art. 3(1) ) F2 S. 1(8) repealed (31.12.2013) (conditionally) by Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5) , ss. 6(2) (3)(a), 11(1) ; S.S.I. 2013/364 , art. 2 (with art. 3(1) ) Commencement Information I1 S. 1 in force at 24.6.2009 for specified purposes by S.S.I. 2009/242 , art. 2 (which commencing S.S.I. 2009/242 was revoked (31.12.2013) by S.S.I. 2013/364 , art. 2 (with savings in art. 3))
