Regulation 4 Disqualification for appointment or from holding office

(1)

Subject to regulation 5, a person is disqualified for appointment or from holding office as a member if—

(a)

he is included in any list maintained by the Secretary of State under section 1 of the Protection of Children Act 1999^f1 (list of persons considered unsuitable to work with children) or section 81 of the 2000 Act (list of persons considered unsuitable to work with vulnerable adults)^f2;

(b)

he has within the previous 5 years been convicted—

(i)

of an offence under the 2000 Act or regulations made under it, or

(ii)

in the British Islands^f3 of any other offence, or convicted elsewhere of such an offence which, if committed in any part of the British Islands would constitute a criminal offence in that part, and in either case has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine,

and which has not been quashed on appeal;

(c)

he has—

(i)

been adjudged bankrupt or had a sequestration of his estate awarded, or

(ii)

made a composition or arrangement with, or granted a trust deed for, his creditors;

(d)

he is subject to a disqualification order under the Company Directors Disqualification Act 1986^f4, under Part 2 of the Companies (Northern Ireland) Order 1986^f5 or to an order made under section 429(2)(b) of the Insolvency Act 1986^f6 (failure to pay under a county court administration order);

(e)

he has been removed—

(i)

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 he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated, or

(ii)

under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990^f7 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body;

(f)

he has been removed from office as a member of the Audit Commission by the Secretary of State under sub-paragraph (c) or (d) of paragraph 4(4) of Schedule 1 to the Audit Commission Act 1998^f8;

(g)

he has been dismissed (without being re-instated) by reason of misconduct from any paid employment where that dismissal has not been the subject of a finding of unfair dismissal by a tribunal or court;

(h)

his tenure of office as the chairman or as a member or director of an NHS body has been terminated on the grounds that it was not in the interests of the health service that he should continue to hold office in the body;

(i)

he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that—

(i)

it was not in the interests of, or conducive to, the good management of the body in question that he should continue to hold office,

(ii)

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

(iii)

he failed to declare a pecuniary interest, or withdraw from consideration of any matter in which he had a pecuniary interest;

(j)

he—

(i)

is the subject of a national NHS disqualification,

(ii)

has been refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the 1977 Act and has not subsequently been approved or included in such a list^f9,

(iii)

has been removed from, or refused admission to, a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of that Act ^f10 (efficiency cases, fraud cases and unsuitability cases) and has not subsequently been included in such a list,

(iv)

is contingently removed from a primary care list under—

(aa)

section 49G of the 1977 Act^f11, or

(bb)

regulations made under section 28X or 43D of the 1977 Act,

(v)

is suspended from a primary care list under—

(aa)

section 49I of the 1977 Act^f12 or is treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002, or

(bb)

regulations made under section 28X or 43D of the 1977 Act,

and in this sub-paragraph any reference to a provision in the 1977 Act includes a reference to the provision corresponding to that provision in Scotland and Northern Ireland;

(k)

he is a person whose registration as a provider or manager of an establishment or agency under Part 2 of the 2000 Act has been cancelled by the registration authority^f13 under section 14 of that Act(^f14) except where—

(i)

that decision has been subject to a direction by the Tribunal^f15 given under section 21 of the 2000 Act that it shall not have effect, or

(ii)

the cancellation was only by reason of an application for cancellation having been made by him pursuant to section 15(1)(b) of the 2000 Act; or

(l)

he is an employee of the CHAI.

(2)

For the purposes of paragraph (1)(b), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.

(3)

For the purposes of paragraph (1)(g), a person shall not be treated as having been in paid employment by reason only of his having been—

(a)

the chairman or a member or director of a health service body, or

(b)

a member of the Audit Commission.

Annotations

Footnotes

f1: 1999 c. 14; section 1(2)(a) was amended by the 2000 Act, section 95(2), by section 97(2) on a date to be appointed, and by section 98(4); section 1(2)(aa) is inserted by the 2000 Act, section 96(2) on a date to be appointed.
f2: Section 81 has not yet been brought into force.
f3: See the Interpretation Act 1978 (c. 30), Schedule 1.
f4: 1986 c. 46.
f5: S.I. 1986/1032 (N.I. 6), as modified by the Criminal Justice and Police Act 2001 (c. 16) (“the Criminal Justice Act”), sections 50, 54 and Schedule 1, Part 1, paragraph 41; amended by the Youth Justice and Criminal Evidence Act 1999 (c. 23), Schedule 3, paragraphs 13 to 15; the Criminal Justice Act, Schedule 2, paragraph 17; the Open-Ended Investment Companies Act (Northern Ireland) 2002 (c. 13) (N.I.), section 3; and by the Limited Liability Partnerships Act (Northern Ireland) 2002 (c. 12) (N.I.), Schedule, paragraph 1; and repealed in part by S.I. 2001/3649, S.R.(NI) 2003 No 3, and S.I. 2003/2904 (N.I. 17).
f6: 1986 c. 45; section 429(2) is amended by the Enterprise Act 2002 (c. 40), section 269, Schedule 23, paragraphs 1 and 15 which section will be brought into force on 1st April 2004.
f7: 1990 c. 40; the functions of the Lord Advocate transferred to the Secretary of State by the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), article 2(1) and Schedule; see the entry in the Schedule for the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
f8: 1998 c. 18; by reason of the 1999 Order, article 5, Schedule 2, the functions of the Secretary of State under paragraph 4(4) of Schedule 1 are, so far as they are exercisable in relation to Wales, exercisable only with the agreement of the Assembly and as specified in Schedule 2; see the entry in Schedule 2 for the Audit Commission Act 1998.
f9: Section 29B was inserted by the 1997 Act, section 32(1); was amended by the 2001 Act, sections 15(1), (3), (2)(a), (b), 20(1) and (3)(b); the 2002 Act, sections 2(5) and 37(2), Schedule 2, Part 1, paragraphs 1, 5(1), (2), (3)(a), (b), and (5), and Schedule 9, Part 1; section 29B(2A) was inserted by the 2001 Act, section 20(1) and (3)(a), and was amended by the 2002 Act, Schedule 2, Part 1, paragraphs 1, 5(1) and (2); section 29B(3A) was inserted by the 2001 Act, section 20(1), (3)(c), and was amended by the 2002 Act, section 2(5), Schedule 2, Part 1, paragraphs 1, 5, (4)(a) and (b); section 29 is repealed by the Act, section 196, Schedule 14 on a date to be appointed.
f10: Section 49F was inserted by the 2001 Act, section 25, and was amended by the 2002 Act, section 2(5), Schedule 2, Part 1, paragraphs 1 and 21(a); section 49F(1)(a) and (c) are repealed by the Act, section 196, Schedule 14 on a date to be appointed.
f11: 49G was inserted by the 2001 Act, section 25, and was amended by the 2002 Act, section 2(5), Schedule 2, Part 1, paragraphs 1 and 21(b).
f12: 49I was inserted by the 2001 Act, section 25, and was amended by the 2002 Act, section 2(5), Schedule 2, Part 1, paragraphs 1 and 21(c).
f13: See section 5 of the 2000 Act for the meaning of “registration authority” as amended by the Act, section 147, Schedule 9 on a date to be appointed.
f14: Section 14(2) is amended by the Adoption and Children Act 2002 Act (c. 38), section 139(1), Schedule 3, paragraphs 103 and 107 on a date to be appointed.
f15: See section 121 of the 2000 Act for the meaning of “Tribunal”.