S.I. No. 333/2006 - Health Act 2004 (National Health Consultative Forum) Order 2006

The Minister for Health and Children, in exercise of the powers conferred on her by section 41 of the Health Act 2004 (No. 42 of 2004), hereby orders as follows:

PART I - PRELIMINARY AND GENERAL

1.      Citation

This Order may be cited as the Health Act 2004 (National Health Consultative Forum) Order 2006.

2.      Definitions

In this Order, except where the context otherwise requires -

the “Act” means the Health Act 2004 (No. 42 of 2004);

the “Forum” means the National Health Consultative Forum referred to in section 41 (1) of the Act;

“Regional Health Forum” means a Regional Health Forum established by the The Health Act 2004 (Regional Health Forum) Regulations 2005 (No 797 of 2005),

“Minister” means the Minister for Health and Children.

PART II - NUMBER OF MEMBERS, MEMBERSHIP, MANNER OF NOMINATION AND APPOINTMENT OF MEMBERS

3.      Number of Members

(1) The Forum shall comprise not less than 200 members and not more than 350 members.

(2) The non-attendance at the Forum by a member or some members shall not affect the validity of the Forum.

4       Forum Membership

(1) Subject to sub-article (3), Forum members shall be appointed from nominations by:-

(a) the Minister who may nominate as many persons as he or she considers appropriate;

and

(b) such organisations, bodies and groups as the Minister may determine including nominations by persons from Trade Unions, Professional Bodies Community & Voluntary Organisations, Employer Organisations, Client and Patient Representative Organisations, Regional Health Forums, Health Industry.

(2) The Minister may appoint nominated persons as Forum members as he or she deems appropriate.

(3) Members of the Forum shall include the chairperson and vice-chairperson of each Regional Health Forum.

5       Manner of Nomination and Appointment of Forum Members

(1) The Minister shall notify in writing, each organisation, body or group as may be determined in accordance with article 4, inviting them to nominate a specified number of named individuals for the Minister's consideration in respect of appointment to membership of the Forum.

(2) The bodies notified shall respond to the Minister's invitation in writing within 10 working days of receipt of the invitation. The reply shall specify the name, organisation, official title and correspondence address of the nominated individuals.

(3) The Minister shall consider the nominations received and determine which nominated individuals to appoint.

(4) Should the number of nominations received under sub-article (2) be less than the total of the specified numbers referred to in sub-article (1), the Minister shall invite further nominations for consideration in respect of appointment to membership of the Forum.

6.      Chairperson

(1) The Minister shall appoint a chairperson of the Forum.

(2) The chairperson shall ensure that the Forum conforms to the agenda as determined by the Minister under article 7.

PART III - RULES AND PROCEDURES

7        Forum Agenda

The Minster shall determine the agenda for the Forum.

8        Notice of Meeting

In so far as is practicable, 30 days before the date of the Forum, a notice to attend the Forum, specifying the date, the time, the venue and business to be transacted thereat, shall be issued by post, by the Minister, to the correspondence address of each member of the Forum. The non-receipt of such notification by a member, or some of the members of the Forum shall not affect the validity of the Forum.

9        Procedures for Gathering Advice for the Minister

(1) As soon as may be after the Forum, the Minister shall cause to be prepared a general report of the Forum.

(2) The general report of the Forum shall be submitted to the Minister for his or her consideration in due course.

(3) The general report of the Forum shall be circulated to (a) the persons who attended the meeting, and (b) publicly as the Minister may determine.

Explanatory Note

This note is not part of the Instrument and does not purport to be a legal interpretation.

This Order provides for the convening of the National Health Consultative Forum as provided for in section 41 of the Health Act 2004 .

The Order also deals with the number of members, manner of nomination appointment of members and rules and procedures for the National Health Consultative Forum.