The Care Quality Commission (Membership) Regulations 2008

These Regulations may be cited as the Care Quality Commission (Membership) Regulations 2008 and shall come into force on 1st October 2008.

In these Regulations—

• “FHSAA” means the Family Health Service Appeal Authority constituted under section 169 of, and Schedule 13 to, the NHS Act 2006;

• “NHS Act 2006” means the National Health Service Act 2006^f1;

• “NHS body” means—

  1. (a)

     an English NHS body^f2;

  2. (b)

     the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG)^f3;

  3. (c)

     the Independent Regulator of NHS Foundation Trusts^f4;

  4. (d)

     the National Assembly for Wales;

  5. (e)

     the Wales Centre for Health^f5;

  6. (f)

     a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978^f6;

  7. (g)

     the Scottish Dental Practice Board constituted under section 4 of the National Health Service (Scotland) Act 1978^f7;

  8. (h)

     the Common Services Agency for the Scottish Health Service constituted under section 10 of the National Health Service (Scotland) Act 1978^f8;

  9. (i)

     a National Health Service trust constituted under section 12A of the National Health Service (Scotland) Act 1978^f9;

  10. (j)

      the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972^f10;

  11. (k)

      a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990^f11;

  12. (l)

      a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972;

  13. (m)

      a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991^f12;

• “NHS tribunal” means the Tribunal constituted under section 46 of the National Health Service Act 1977^f13 for England and Wales;

• “Performers Lists Regulations” means the National Health Service (Performers Lists) Regulations 2004^f14;

• “pharmaceutical list” means a list published in accordance with regulations made under section 129(2)(a) of the NHS Act 2006.

Subject to regulation 6, the term of office of a member shall be such period, not exceeding four years, as is specified by the Secretary of State at the time of the appointment.

Subject to regulation 4, the Secretary of State may re-appoint a member who has ceased to hold office.

Subject to paragraph (2), a person who is disqualified under paragraph 5 or 14 of the Schedule may, after the expiry of the period of two years beginning on the date of the dismissal or removal, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.

Where the Secretary of State refuses an application to remove a disqualification, no further application may be made by that person until the expiry of the period of two years beginning with the date of the application, and this paragraph shall apply to any subsequent application.

Where a person is disqualified under paragraphs 15 to 19 of the Schedule, the disqualification shall cease on the expiry of—

but, where application is made to the Secretary of State by that person, the Secretary of State may reduce the period of disqualification.

A member may resign at any time by giving notice in writing to the Secretary of State.

Where a member other than the chair is appointed to be the chair, that member’s tenure of office as such a member shall terminate when the appointment as chair takes effect.

A member’s tenure of office shall cease upon being notified in writing by the Secretary of State—

Paragraphs (2) to (4) apply where it appears to the Secretary of State in relation to a member that one of the conditions in paragraph 3(3) of Schedule 1 to the Health and Social Care Act 2008 is or may be satisfied.

The Secretary of State may suspend the member from office by giving that member notice in writing to that effect.

Such notice shall give the reason for, and the period of, the suspension and the date that it is to begin.

The Secretary of State may by giving the member notice in writing—

A member shall cease to perform his functions as a member for the period of the suspension but the period of that member’s term of office shall not be affected by the suspension.

Where a member is suspended under this regulation the Secretary of State may, on application by the suspended member or otherwise, remove a suspension before the end of the period specified in a notice given under paragraph (2) or reduce its period.

Where the Secretary of State removes, or reduces the period of, suspension under paragraph (6) the Secretary of State shall notify the member in writing to that effect.

been convicted in the United Kingdom of any criminal offence or been convicted elsewhere of any offence which, if committed in any part of the United Kingdom would constitute a criminal offence; and

been sentenced to a sentence of imprisonment (whether suspended or not), and

a decision made by FHSAA, under section 159 of the NHS Act 2006 or under regulations corresponding to that section made under section 91(3), 106(3), 123(3) or 146(3) of that Act (regulations in relation to lists of persons performing primary medical, dental, ophthalmic and local pharmaceutical services); or

a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001^f1 or regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002^f2.

a pharmaceutical list pursuant to regulations made under section 129 of the NHS Act 2006; or

a performers list under regulation 6 of the Performers Lists Regulations^f1,

a pharmaceutical list pursuant to regulations made under section 148 of the NHS Act 2006; or

a performers list under regulation 8 of the Performers Lists Regulations.

a pharmaceutical list under section 151 of the NHS Act 2006; or

a performers list under regulation 10 of the Performers Lists Regulations^f1.

a pharmaceutical list under section 152 of the NHS Act 2006; or

a performers list under regulation 12 of the Performers Lists Regulations.

a pharmaceutical list under section 154 or 155 of the NHS Act 2006; or

a performers list under regulation 13 of the Performers Lists Regulations^f1.

a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986^f1;

a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989^f2 or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002^f3; or

an order made under section 429(2)(b) of the Insolvency Act 1986^f4 (failure to pay under county court administration order).

from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which that person was responsible or to which that person was privy, or which that person, by his conduct, contributed to or facilitated; or

under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990^f1 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body.

it was not in the interests of, or conducive to the good management of, that NHS body or the health service that that person should continue to hold that office;

that person failed, without reasonable cause, to attend any meeting of that NHS body for a period of three months or more; or

that person failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which that person had a pecuniary interest.

that decision has been subject to a direction by the Tribunal given under section 21 of that Act that it shall not have effect; or

the cancellation was only by reason of an application for cancellation having been made by the registered person pursuant to section 15(1)(b) of that Act.

that decision has been subject to a direction by the Tribunal given under section 32 of that Act that it shall not have effect; or

the cancellation was only by reason of an application for cancellation having been made by the registered person pursuant to section 19(1)(b) of that Act.

the chair or non-executive director of a National Health Service trust;

the chair, or a governor or a non-executive director of an NHS foundation trust;

in the case of any other NHS body, the chair or a non-officer member of the body; or

a member of the Audit Commission.