Mental Treatment Act, 1945

THIRD SCHEDULE.

Rules Relating to Joint Boards.

Appointment.

1. A joint board shall consist of the persons appointed in accordance with these Rules by the council of each county and the corporation of the county borough (if any) included in the mental hospital district of the joint board.

2. The total number of the members of a joint board shall be such as the Minister from time to time by order determines in respect of such board.

3. The number of members of a joint board to be appointed by the council of a county or corporation of a county borough shall as nearly as possible be proportional to the contributions payable by the council or corporation to the expenses of the joint board during the local financial year ending on the 31st day of March next previous to the appointment, and such number shall, in case of dispute, be determined by the Minister, whose decision shall be final.

4. Where an appointment by the council of a county of members of a joint board is being made, two-thirds at least of the members appointed shall be persons who are members of the council.

5. Where an appointment by the corporation of a county borough of members of a joint board is being made, two-thirds at least of the members appointed shall be persons who are members of the city council of the county borough.

6. The appointment of members of a joint board shall be made in each year, in the case of the council of a county, at the annual meeting of the council, or, in the case of the corporation of a county borough, at the quarterly meeting of the city council for the county borough held next after a triennial election or between the 23rd day of June and the 1st day of July in a year in which there is not a triennial election.

Tenure of Office.

7. Every member of a joint board shall hold office (unless he sooner dies, resigns or becomes disqualified) until his successor has been appointed.

Disqualification.

8.—(1) A member of the council of a county who has been appointed by the council to be a member of a joint board and who ceases to be, or is disqualified for being, a member of the council shall also cease to be, or be disqualified for being, a member of the joint board.

(2) A member of the city council for a county borough who has been appointed by the corporation of the county borough to be a member of a joint board and who ceases to be, or is disqualified for being, a member of the city council shall also cease to be, or be disqualified for being, a member of the joint board.

Resignation and Removal.

9.—(1) A member of a joint board appointed by the council of a county may resign his membership by giving notice in writing signed by him to the secretary of the council, but the resignation shall not become effective until the meeting of the council held next after the receipt of the notice given to such secretary.

(2) A member of a joint board appointed by the corporation of a county borough may resign his membership by giving notice to the town clerk of the borough, but the resignation shall not become effective until the meeting of the city council for the borough held next after the receipt of the notice given to such town clerk.

10.—(1) A member of the council of a county may, with the consent of not less than one-fourth of the members of the council, notify the secretary of the council in writing of his intention to propose that the membership of all the members of a joint board who were appointed by the council shall be terminated and the secretary shall thereupon summon a meeting of the council for a date not later than one month after the receipt of the notification and shall give to every member of the council at least fourteen days' notice thereof and, in the event of a resolution (for the passing of which not less than two-thirds of the members of the council present vote) being passed at such meeting approving of such proposal, the membership of all such members of the joint board shall forthwith stand terminated and new members of the joint board shall be appointed forthwith in lieu of those whose membership is terminated.

(2) A member of the city council for a county borough may, with the consent of not less than one-fourth of the members of the council, notify the town clerk of the borough in writing of his intention to propose that the membership of all the members of a joint board who were appointed by the council shall be terminated and the town clerk shall thereupon summon a meeting of the council for a date not later than one month after the receipt of the notification and shall give to every member of the council at least fourteen days' notice thereof and, in the event of a resolution (for the passing of which not less than two-thirds of the members of the council present vote) being passed at such meeting approving of such proposal, the membership of all such members of the joint board shall forthwith stand terminated and new members of the joint board shall be appointed forthwith in lieu of those whose membership is terminated.

11.—(1) The membership of a member of a joint board who, for a consecutive period of six months has not attended a meeting of the board, shall thereupon terminate and, at the meeting of the relevant council of a county or city council (as the case may be) held next after the expiration of such period, a new member shall be appointed to fill the vacancy so created in the membership of the board.

(2) Where a meeting of a joint board is abandoned owing to a failure to obtain a quorum, the names of the members who attended at the time and place appointed for the holding of the meeting shall be recorded and such members shall be deemed to have attended a meeting of the board for the purpose of this rule.

Casual Vacancies.

12. A casual vacancy occurring in the membership of a joint board shall be filled by the council or corporation by whom the member causing the vacancy was appointed within one month after the occurrence of the vacancy or within such further time as the Minister may allow.

Quorum.

13. The quorum of a joint board shall be one-fourth of the total number of members of the board.

Meetings.

14. A joint board shall hold meetings for the transaction of their business at least once in each quarter and at such other times as may be necessary for properly exercising their powers and performing their duties.

15. The first meeting of a joint board shall be held after the appointment of members of the board has been completed on a day to be appointed by the Minister, and shall be an annual meeting.

16. A joint board shall at their first meeting appoint a day of the year not earlier than the 17th day of July nor later than the 1st day of August for the holding of subsequent annual meetings and may at any subsequent annual meeting alter the day so appointed.

17. A joint board shall hold an annual meeting in each year on the day which is for the time being appointed for the holding of annual meetings under these Rules, unless that day falls on a Sunday or bank holiday, when the meeting shall be held on the next following day which is neither a Sunday nor a bank holiday.

18. If the first or any other annual meeting of a joint board is for any reason (including a quorum not being present) not held on the day appointed for the holding of such meeting under these Rules, the resident medical superintendent of the district mental hospital maintained by the board shall as soon as may be summon a meeting of the board for a convenient hour on the day which appears to him to be the earliest convenient day for the purpose, and the meeting held in pursuance of such summons shall be for all purposes an annual meeting held on the date appointed under these Rules.

Chairman and Vice-Chairman.

19.—(1) At every annual meeting of a joint board, the board shall elect one of their members to be chairman of the board and may elect another of their members to be vice-chairman of the board.

(2) Whenever the office of chairman or vice-chairman of a joint board becomes vacant otherwise than by the termination of the ordinary term of the office, the board shall at their next meeting after the vacancy occurs or, in the case of a resignation of office, at the meeting at which the resignation becomes effective, elect one of their members to be chairman or vice-chairman of the board.

(3) A person elected to be chairman or vice-chairman of a joint board shall, unless he sooner resigns the office of chairman or vice-chairman or sooner ceases to be, or becomes disqualified for being, a member of the board, hold office as chairman or vice-chairman until his successor has been appointed.

(4) The chairman or vice-chairman of a joint board may at any time resign his office as chairman or vice-chairman by giving notice in writing signed by him to the board, but the resignation shall not become effective until the commencement of the meeting of the board held next after the receipt by them of the resignation.

(5) Whenever the chairman or vice-chairman of a joint board ceases to be, or becomes disqualified for being, a member of the board, he shall forthwith cease to be chairman or vice-chairman of the board.

(6) Whenever, at the election of chairman of the joint board, there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be chairman of the board.

Proceedings at Meetings.

20. The proceedings of a joint board shall not be invalidated by any vacancy or vacancies among their members or by any defect in the appointment of the board or in the appointment or qualification of any member thereof.

21. The chairman of a joint board may call a meeting of the board.

22. If the chairman of a joint board refuses to call a meeting of the board after a requisition for that purpose, signed by three members of the board has been presented to him, any three members of the board may forthwith, on that refusal, call a meeting of the board, and, if the chairman (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the board, any three members of the board may, on the expiration of those seven days, call a meeting of the board.

23. Three clear days at least before a meeting of a joint board, notice of the time and place of the intended meeting, signed by the chairman, or, if the meeting is called by members of the board, by those members, shall be fixed on the hall or other place at which the board is accustomed to meet and, if the meeting is called by members of the board, the notice shall specify the business proposed to be transacted thereat.

24. Three clear days at least before a meeting of a joint board, a summons to attend the meeting, specifying the business proposed to be transacted thereat, and signed by the resident medical superintendent of the district mental hospital maintained by the board shall be left or delivered by post at the usual place of abode of every member of the board, but failure so to leave or deliver such summons for or to a member or some of the members of the board shall not affect the validity of a meeting.

25. No business shall be transacted at a meeting of a joint board other than that specified in the summons relating thereto, except (in case of an annual meeting) business required to be transacted thereat.

26. At a meeting of a joint board—

(a) the chairman of the board shall, if he is present, be chairman of the meeting,

(b) if and so long as the chairman of the board is not present or the office of chairman is vacant, the vice-chairman (if any) shall, if he is present, be chairman of the meeting,

(c) if and so long as the chairman of the board is not present or the office of chairman is vacant and there is no office of vice-chairman, the vice-chairman is not present or the office of vice-chairman is vacant, the members of the board who are present shall choose one of their number to be chairman of the meeting.

27. Minutes of the proceedings of a meeting of a joint board shall be drawn up and fairly entered in a book kept for that purpose and shall be signed by the chairman of the meeting or of the next ensuing meeting.

28. The names of the members present at a meeting of a joint board shall be recorded in the minutes of the proceedings of the meeting.

29. The names of the members voting on any question arising at a meeting of a joint board shall be recorded in the minutes of the proceedings of the meeting and the record shall show which members vote for and which against the question.

30. All acts of a joint board and all questions coming or arising before the board may be done and decided by the majority of such members of the board as are present and vote at a meeting of the board duly held according to law.

31. In case of equality of votes on any question arising at a meeting of a joint board, other than the election of a chairman, the chairman of the meeting shall have a second or casting vote