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Details

Status:

Compliance.

Category:

Governance.

Title:

Amendments following interim review to the model standing orders for local health boards, NHS Trusts and special health authorities in Wales.

Date of expiry / review:

October 2025.

Action by:

  • Chairs of local health boards.
  • Chairs of NHS trusts.
  • Directors of corporate governance / board secretaries.

Required by:

In accordance with board and committee timetable.

Sender:

Ceri Sullivan
Head of NHS Governance
Health Social Care and Early Years Group

Welsh Government contacts:

Ceri Sullivan
Head of NHS Governance
Health Social Care and Early Years Group
(ceri.sullivan001@gov.wales)

Introduction and background:

NHS bodies in Wales must agree Standing Orders (SOs). This, together with a set of Standing Financial Instructions (SFIs) and a scheme of decisions reserved to the board; a scheme of delegations to officers and others; and a range of other framework documents set out the arrangements within which the board, its committees, advisory groups and NHS staff make decisions and carry out their activities. The standing orders should be based upon the model determined by the Welsh Government and as agreed by the Cabinet Secretary for Health and Social Care.

The Cabinet Secretary for Health and Social Care has agreed amendments to the following model documents:

  • model standing orders, local health boards
  • model standing orders, NHS trusts
  • model standing orders, special health authorities  

The latest versions of the model documents have been published on the NHS Wales governance e-manual and be accessed here:

A summary of the interim amendments can be found in the enclosures.

Enclosures:

Letter to chairs of local heath boards, NHS trusts and special health authorities in Wales and required amendments.

Amendments following interim review to the model standing orders for local health boards, NHS trusts and special health authorities in Wales

Ein cyf/Our ref: MA/JMHSC/0238/25
Chairs of local health boards, NHS trusts and special health authorities
29 January 2025

Dear chairs

The Local Health Boards, NHS Trusts and Special Health Authorities (Constitution, Membership and Procedures) (Miscellaneous Amendments) (Wales) Regulations 2024 came into force on the 20 January 2025.

These regulations amended the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009, the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009, the National Health Service Trusts (Membership and Procedure) Regulations 1990 and the Health Education and Improvement Wales Regulations 2017.

The purpose of these amendments are to ensure consistency relating to:

(i) the eligibility requirements for the chair, vice-chair and non-officer members/non-executive directors of the board
(ii) the provisions relating to the appointment of officer members to boards of local health boards
(iii) the arrangements for appointing the trade union member to a board of local health boards
(iv) the timescales for the publication of board and committee agendas and papers

Considering these amendments, it is necessary to make revisions to the model standing orders and reservation and delegation of powers for local health boards, NHS trusts and special health authorities using the Welsh Ministers power of direction in accordance with section 12(3), section 19(1) and section 23(1) of the National Health Service (Wales) Act 2006.

The amendments outlined in 'document 1', circulated with this letter, supersede those issued on 23 April 2024 and as confirmed in Welsh Health Circular WHC/2024/019. A new WHC will be issued to confirm this.

Your board is required to incorporate and adopt this latest review into your organisations standing orders and reservation and delegation of powers.

Yours sincerely,

Jeremy Miles AS/MS
Ysgrifennydd y Cabinet dros Iechyd a Gofal Cymdeithasol
Cabinet Secretary for Health and Social Care

Copy:
Chief executives of local health boards, NHS trusts and special health authorities, directors of governance / board secretaries of local health boards, NHS trusts and special health authorities.

Document 1

Amendments to the model standing orders and reservation and delegation of powers for local health boards, NHS trusts and special health authorities following the making of the Local Health Boards, NHS Trusts and Special Health Authorities (Constitution, Membership and Procedures) (Miscellaneous Amendments) (Wales) Regulations 2024.

The Local Health Boards, NHS Trusts and Special Health Authorities (Constitution, Membership and Procedures) (Miscellaneous Amendments) (Wales) Regulations 2024 came into force on the 20 January 2025.

These regulations amended the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009, The Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009, The National Health Service Trusts (Membership and Procedure) Regulations 1990 and The Health Education and Improvement Wales Regulations 2017. As a result, the following amendments are required to:

Local health board model standing orders

1. Eligibility requirements

No amendments required.

2. Appointment of officer members

Section B – the local health board: membership of the local health board

Amend the highlighted text within the following paragraph, from:

1.1.1 The membership of the local health board shall be no more than 24 members comprising the chair, vice chair, non-officer members (appointed by the Minister for Health and Social Services), associate members, the chief executive (appointed by the board with the involvement of the Chief Executive, NHS Wales) and officer members (appointed by the board).

To:

1.1.1 The membership of the local health board shall be no more than 24 members comprising the chair, vice chair, non-officer members (appointed by the Minister for Health and Social Services), associate members, the chief executive (appointed by the board with the involvement of the Chief Executive, NHS Wales) and officer members (appointed by non-officer members of the board and the chief executive).

Section B – the local health board: officer members [to be known as executive directors]

Amend the highlighted text within the following paragraph, from:

1.1.3 A total of 9 (including the Chief Executive), appointed by the board, whose responsibilities include the following areas: medical; finance; nursing; primary care and community and mental health services; strategic and operational planning; workforce and organisational development; public health; therapies and health science. Executive directors may have other responsibilities as determined by the board and set out in the scheme of delegation to officers.

To:

1.1.3 A total of 9 (including the Chief Executive), appointed in accordance with the constitution, membership and procedures regulations, whose responsibilities include the following areas: medical; finance; nursing; primary care and community and mental health services; strategic and operational planning; workforce and organisational development; public health; therapies and health science. Executive directors may have other responsibilities as determined by the board and set out in the scheme of delegation to officers. 

3. Appointment of the trade union member to local health boards

Section B – the local health board: non officer members [to be known as independent members]

Amend the highlighted text within the following paragraph, from:

1.1.4 A total of 9, appointed by the Minister for Health and Social Services, including: an elected member of a local authority whose area falls within the local health board area; a current member or employee of a third sector organisation within the local health board area; a trade union official; a person who holds a post in a university that is related to health; and five other independent members who together have experience and expertise in legal; finance; estates; information technology; and community knowledge and understanding.

To:

1.1.4 A total of 9, appointed by the Minister for Health and Social Services, including: an elected member of a local authority whose area falls within the local health board area; a current member or employee of a third sector organisation within the local health board area; a nominated trade union official; a person who holds a post in a university that is related to health; and five other independent members who together have experience and expertise in legal; finance; estates; information technology; and community knowledge and understanding.

4. Publication of board agendas and papers

Section B – meetings: notifying and equipping board members

Amend the highlighted text within the following paragraph, from:

7.4.3 Board members shall be sent an agenda and a complete set of supporting papers at least 10 calendar days before a formal board meeting. This information may be provided to board members electronically or in paper form, in an accessible format, to the address provided, and in accordance with their stated preference. Supporting papers may, exceptionally, be provided, after this time provided that the chair is satisfied that the board’s ability to consider the issues contained within the paper would not be impaired.

To:

7.4.3 Board members shall be sent an agenda and a complete set of supporting papers at least 5 clear days before a formal board meeting. This information may be provided to board members electronically or in paper form, in an accessible format, to the address provided, and in accordance with their stated preference. Supporting papers may, exceptionally, be provided, after this time provided that the chair is satisfied that the board’s ability to consider the issues contained within the paper would not be impaired.

Section B – meetings: notifying the public and others

Amend the highlighted text within the following paragraph, from:

7.4.7 Except for meetings called in accordance with standing order 7.3, at least 10 calendar days before each meeting of the board a public notice of the time and place of the meeting, and the public part of the agenda, shall be displayed bilingually (in English and Welsh):

On the local health board’s website, together with the papers supporting the public part of the agenda; as well as through other methods of communication as set out in the local health board’s communication strategy.

7.4.8 When providing notification of the forthcoming meeting, the local health board shall set out when and how the agenda and the papers supporting the public part of the agenda may be accessed, in what language and in what format, such as, as Braille, large print, easy read, and so on.

To:

7.4.7 Except for meetings called in accordance with standing order 7.3, at least 10 calendar days before each meeting of the board a public notice of the time and place of the meeting, and the public part of the agenda, shall be displayed bilingually (in English and Welsh):

On the local health board’s website, together with the papers supporting the public part of the agenda; as well as through other methods of communication as set out in the local health board’s communication strategy.

7.4.8 When providing notification of the forthcoming meeting, the local health board shall set out when and how the agenda and the papers supporting the public part of the agenda may be accessed, in what language and in what format, such as, as Braille, large print, easy read, and so on. The agenda and papers will be made available to the public at least 5 clear days before each meeting of the board.

NHS trust model standing orders

1. Eligibility requirements

No amendments required.

2. Appointment of officer members

Not amendments required.

3. Appointment of the trade union member to local health boards

Not applicable.

4. Publication of board agendas and papers
Section B – meetings: notifying and equipping board members

Amend the highlighted text within the following paragraph, from:

7.4.3 Board members shall be sent an agenda and a complete set of supporting papers at least 7 [WAST and Velindre]/10 calendar [PHW] days before a formal board meeting. This information may be provided to board members electronically or in paper form, in an accessible format, to the address provided, and in accordance with their stated preference. Supporting papers may, exceptionally, be provided, after this time provided that the chair is satisfied that the board’s ability to consider the issues contained within the paper would not be impaired.

To:

7.4.3 Board members shall be sent an agenda and a complete set of supporting papers at least 5 clear days before a formal board meeting. This information may be provided to board members electronically or in paper form, in an accessible format, to the address provided, and in accordance with their stated preference. Supporting papers may, exceptionally, be provided, after this time provided that the chair is satisfied that the board’s ability to consider the issues contained within the paper would not be impaired.

Section B – meetings: notifying the public and others

Amend the highlighted text within the following paragraph, from:

7.4.7 Except for meetings called in accordance with standing order 6.3, at least 10 calendar days before each meeting of the board a public notice of the time and place of the meeting, and the public part of the agenda, shall be displayed bilingually (in English and Welsh):

On the trust’s website, together with the papers supporting the public part of the agenda; as well as through other methods of communication as set out in the trust’s communication strategy.

7.4.8 When providing notification of the forthcoming meeting, the trust shall set out when and how the agenda and the papers supporting the public part of the agenda may be accessed, in what language and in what format, such as, as Braille, large print, easy read, and so on. The agenda and papers will be made available to the public at least 5 clear days before each meeting of the board.

Special health authorities model standing orders

1. Eligibility requirements

No amendments required.

2. Appointment of officer members

No amendments required.

3. Appointment of the trade union member to local health boards

Not applicable.

4. Publication of board agendas and papers

For Health Education and Improvement Wales (HEIW)

Section B – preparing for meetings: notifying and equipping board members

Amend the highlighted text within the following paragraph, from:

6.4.3 Board members shall be sent an agenda and a complete set of supporting papers at least 7 calendar days before a formal board meeting. This information may be provided to board members electronically or in paper form, in an accessible format, to the address provided, and in accordance with their stated preference. Supporting papers may, exceptionally, be provided, after this time provided that the chair is satisfied that the Board’s ability to consider the issues contained within the paper would not be impaired.

To:

6.4.3 Board members shall be sent an agenda and a complete set of supporting papers at least 5 clear days before a formal board meeting. This information may be provided to board members electronically or in paper form, in an accessible format, to the address provided, and in accordance with their stated preference. Supporting papers may, exceptionally, be provided, after this time provided that the chair is satisfied that the board’s ability to consider the issues contained within the paper would not be impaired.

Section B – preparing for meetings: notifying the public and others

Amend the highlighted text within the following paragraph, from:

6.4.7 Except for meetings called in accordance with Standing Order 5.3, at least 7 days before each meeting of the board a public notice of the time and place of the meeting, and the public part of the agenda, shall be displayed bilingually (in English and Welsh):

On the HEIW website, together with the papers supporting the public part of the agenda; as well as through other methods of communication as set out in HEIW’s communication strategy.

6.4.8 When providing notification of the forthcoming meeting, HEIW shall set out when and how the agenda and the papers supporting the public part of the agenda may be accessed, in what language and in what format, such as Braille, large print, easy read, and so on.

To:

6.4.7 Except for meetings called in accordance with Standing Order 5.3, at least 7 days before each meeting of the board a public notice of the time and place of the meeting, shall be displayed bilingually (in English and Welsh):

On the HEIW website, as well as through other methods of communication as set out in HEIW’s communication strategy.

6.4.8 When providing notification of the forthcoming meeting, HEIW shall set out when and how the agenda and the papers supporting the public part of the agenda may be accessed, in what language and in what format, such as Braille, large print, easy read, and so on. The agenda and papers will be made available to the public at least 5 clear days before each meeting of the board.

Section B – meetings: notifying and equipping board members

Amend the highlighted text within the following paragraph, from:

For Digital Health and Care Wales (DHCW) 
7.4.3 Board members shall be sent an agenda and a complete set of supporting papers at least 7 calendar days before a formal board meeting. This information may be provided to board members electronically or in paper form, in an accessible format, to the address provided, and in accordance with their stated preference. Supporting papers may, exceptionally, be provided, after this time provided that the chair is satisfied that the board’s ability to consider the issues contained within the paper would not be impaired.

To:

7.4.3 Board members shall be sent an agenda and a complete set of supporting papers at least 5 clear days before a formal board meeting. This information may be provided to board members electronically or in paper form, in an accessible format, to the address provided, and in accordance with their stated preference. Supporting papers may, exceptionally, be provided, after this time provided that the chair is satisfied that the board’s ability to consider the issues contained within the paper would not be impaired.

Section B – meetings: notifying the public and others

Amend the highlighted text within the following paragraph, from:

7.4.7 Except for meetings called in accordance with standing order 7.3, at least 7 days before each meeting of the board a public notice of the time and place of the meeting, and the public part of the agenda, shall be displayed bilingually (in English and Welsh):

On the DHCW website, together with the papers supporting the public part of the agenda; as well as through other methods of communication as set out in DHCW’s communication strategy.

7.4.8 When providing notification of the forthcoming meeting, DHCW shall set out when and how the agenda and the papers supporting the public part of the agenda may be accessed, in what language and in what format, such as Braille, large print, easy read, and so on.

To:

7.4.7 Except for meetings called in accordance with standing order 7.3, at least 7 days before each meeting of the board a public notice of the time and place of the meeting, shall be displayed bilingually (in English and Welsh):

On the DHCW website, as well as through other methods of communication as set out in DHCW’s communication strategy.

7.4.8 When providing notification of the forthcoming meeting, DHCW shall set out when and how the agenda and the papers supporting the public part of the agenda may be accessed, in what language and in what format, such as Braille, large print, easy read, and so on. The agenda and papers will be made available to the public at least 5 clear days before each meeting of the board.