Regulation 7 Disqualification

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 7(2)(g)(ia) inserted by National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) 2013 Sch. 2 para. 72
reg. 7(2)(g)(ia) words substituted by Health and Care Act 2022 (Further Consequential Amendments) 2023 reg. 10(2)
reg 7 am by Community Health Partnerships 2010 reg 2

(1)

A person to whom paragraph (2) applies is disqualified from being a member.

(2)

The persons to whom this paragraph applies are–

(a)

a person who has , within the period of five years immediately preceding the proposed date of appointment, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence in respect of which they have received a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;

(b)

a person whose estate has been sequestrated in Scotland or who has otherwise been adjudged bankrupt elsewhere than in Scotland, who has granted a trust deed for the benefit of their creditors, or a curator bonis or judicial factor has been appointed over their affairs;

(c)

a person who has been removed or dismissed, otherwise than by reason of redundancy, from any paid employment or office with a health service body;

(d)

a person whose appointment as the chairperson, member or director of a health service body has been terminated other than by their resignation or by the expiration of their term of office;

(e)

a person who has had their name removed, by a direction under section 29 of the Act from any list prepared under Part I or Part II of the Act and have not subsequently had their name included in such a list;

(f)

a person whose name has been included in any list prepared under Part I or Part II of the Act, and whose name has been withdrawn from the list on their own application;

(g)

a person who has had their name removed, by a direction under section 46 of the 1977 Act from any list prepared under Part I or Part II of the 1977 Act and have not subsequently had their name included in such a list;

(h)

a person whose name has been included in any list prepared under Part I or Part II of the 1977 Act, and whose name has been withdrawn from the list on their own application;

(i)

a person who is subject to a disqualification order under the Company Directors Disqualification Act 1986^f1; or

(j)

a person who has been removed from the position of trustee of a charity, whether by the court or by the Charity Commissioner.

(3)

For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be on the date on which the days of appeal expire without any appeal having been lodged, or if an appeal has been made, the date on which the appeal is finally disposed of or treated as having been abandoned.

(4)

For the purpose of paragraph (2)(b)–

(a)

the disqualification attaching to a person whose estate has been sequestrated shall cease if and when–

(i)

the sequestration of their estate is recalled or reduced; or

(ii)

the sequestration is discharged;

(b)

the disqualification attaching to a person by reason of their having been adjudged bankrupt shall cease if and when–

(i)

the bankruptcy is annulled; or

(ii)

they are discharged;

(c)

the disqualification attaching to a person in relation to whose estate a judicial factor has been appointed shall cease if and when–

(i)

the appointment is recalled; or

(ii)

the judicial factor is discharged; or

(d)

the disqualification attaching to a person who has granted a trust deed or entered into an arrangement with their creditors shall cease if and when that person pays their creditors in full or on the expiry of five years from the date of their granting the deed or entering into the arrangement.

Annotations

Footnotes

f1: 1986 c. 46.