{
  "url": "https://openlegislation.uk/common-services-agency-membership-and-procedure-regulations-1991/regulation-4",
  "json_url": "https://openlegislation.uk/common-services-agency-membership-and-procedure-regulations-1991/regulation-4.json",
  "legislation": "uksi/1991/564",
  "legislation_title": "The Common Services Agency (Membership and Procedure) Regulations 1991",
  "legislation_url": "https://openlegislation.uk/common-services-agency-membership-and-procedure-regulations-1991",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Disqualification",
  "text": "(1) A person shall be disqualified for being a member of the Committee, if—\n(a) he is chairman or a director of an NHS trust; or\n(b) he holds any paid appointment or office with a trade union which represents the interests of members who are employed by a health service body; or\n(c) he is a member of a fund-holding practice recognised under section 87A of the Act; or\n(d) he is a person who within the preceding five years has been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and 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; or\n(e) he is a person who has held any paid appointment or office or other place of profit under a Board under the Agencv or under the Secretary of State and has been dismissed from such appointment, office, or other place of profit otherwise than by reason of redundancy; or\n(f) he is disqualified under section 29 of the Act for inclusion in any list prepared under Part II of the Act; or\n(g) he is a person whose estate has been sequestrated in Scotland or who has been adjudged bankrupt elsewhere than in Scotland, in relation to whose estate a judicial factor has been appointed or who has granted a trust deed for the benefit of his creditors:\nProvided that—\n(i) the disqualification attaching to a person whose estate has been sequestrated shall cease if and when—\n(a) the sequestration of his estate is recalled or reduced; or\n(b) the sequestration is discharged;\n(ii) the disqualification attaching to a person by reason of his having been adjudged bankrupt shall cease if and when—\n(a) the bankruptcy is annulled; or\n(b) he is discharged;\n(iii) the disqualification attaching to a person in relation to whose estate a judicial factor has been appointed shall cease if and when—\n(a) that appointment is recalled; or\n(b) the judicial factor is discharged;\n(iv) the disqualification attaching to a person who has granted a trust deed shall cease if and when he pays his creditors in full or on the expiry of five years from the date of his granting the deed.\n(2) The Secretary of State may direct that in relation to any individual person, Health Board or Special Health Board any disqualification so directed shall not apply in relation thereto.\n(3) In this regulation “health service body” is any one of the persons and bodies specified in section 17A(2) of the Act and “trade union” has the meaning given in section 28(1) of the Trade Union and Labour Relations Act 1974.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 87A was inserted by the 1990 Act, section 34."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 29 was amended by the Health and Social Security Act 1984 (c. 48), Schedule 8."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 17A was inserted by the 1990 Act, section 30."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1974 c. 52."
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "ssi/2025/387",
      "affecting_title": "The Common Services Agency (Membership and Procedure) Amendment (Scotland) Regulations 2025"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2004/212",
      "affecting_title": "The Primary Medical Services (Consequential and Ancillary Amendments) (Scotland) Order 2004"
    },
    {
      "type": "rev in pt",
      "affecting": "ssi/2005/550",
      "affecting_title": "The Common Services Agency (Membership and Procedure) Amendment (Scotland) Regulations 2005"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2011/211",
      "affecting_title": "The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/564/regulation/4",
    "retrieved_at": "2026-10-29T14:48:46.955398+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}