{
  "url": "https://openlegislation.uk/local-audit-health-service-bodies-auditor-panel-and-independence-regulations-2015/regulation-6",
  "json_url": "https://openlegislation.uk/local-audit-health-service-bodies-auditor-panel-and-independence-regulations-2015/regulation-6.json",
  "legislation": "uksi/2015/18",
  "legislation_title": "The Local Audit (Health Service Bodies Auditor Panel and Independence) Regulations 2015",
  "legislation_url": "https://openlegislation.uk/local-audit-health-service-bodies-auditor-panel-and-independence-regulations-2015",
  "path": "regulation/6",
  "kind": "regulation",
  "number": "6",
  "heading": "Meaning of independent etc.",
  "text": "(1) “Independent”, in relation to membership of an auditor panel, means that the member or prospective member of the panel is not in circumstances, and does not have relationships, which are likely to affect, or could affect his or her judgement in discharging his or her duties as a member of the auditor panel.\n(2) The governing board of the health service body must decide whether a prospective member of the auditor panel would qualify as independent if appointed.\n(3) In deciding whether a prospective member would qualify as independent, the governing board must consider whether any of the factors described in paragraph (5) apply.\n(4) If any of those factors apply, the governing board may decide, in all the circumstances, that the prospective member would not qualify as independent.\n(5) The factors referred to in paragraph (3) are whether the person—\n(a) in the case of an NHS trust, has been an employee of that NHS trust within the period of five years immediately preceding the date of the proposed appointment;\n(b) in the case of an integrated care board, is, or has been within the period of five years immediately preceding the date of the proposed appointment—\n(i) an employee of that integrated care board,\n(ii) a secondee serving as a member of staff of that integrated care board, or\n(iii) nominated as an ordinary member of that integrated care board pursuant to paragraphs 8(2)(a) to (c) of Schedule 1B to the National Health Service Act 2006;\n(c) has had, within the period of three years immediately preceding the date of the proposed appointment—\n(i) a direct material business relationship with the health service body; or\n(ii) an indirect material business relationship as a partner, or senior employee of a body that has such a relationship with the health service body;\n(d) has, within the period of three years immediately preceding the date of the proposed appointment—\n(i) received additional remuneration from the health service body;\n(ii) participated in the health service body’s performance related pay scheme; or\n(iii) is a member of the health service body’s pension scheme (other than the NHS pension scheme);\n(e) has close family ties with any of the health service body’s advisors, directors, members or senior employees;\n(f) holds a cross-directorship or has significant links with other auditor panel members or members of the governing board of the health service body through involvement in other companies or bodies;\n(g) has previously served on the governing board of the health service body for a period of more than 9 years beginning with the date of his or her first appointment as a member of the governing board;\n(h) is an appointed representative of the health service body’s medical or dental school provided by a university.\n(6) For the purposes of paragraph (5)(c), a material business relationship means what the governing board determines to constitute such a relationship.\n(7) For the purposes of paragraph (5)(d)(i), additional remuneration means any remuneration other than that which relates solely to a person’s role as a member of a governing board.\n(8) For the purposes of paragraph (5)(f), a person holds a cross-directorship where-\n(a) he or she serves as a member of another organisation’s governing board, audit committee or auditor panel; and\n(b) at the same time, a member of the governing board at the organisation referred to in sub-paragraph (a) serves as a member of the governing board or the auditor panel of the health service body.\n(9) For the purposes of paragraph (5)—\n(a) in sub-paragraph (b), in paragraphs (i) and (ii), references to roles in an integrated care board are to be read as including equivalent roles in the predecessor clinical commissioning group for that integrated care board;\n(b) in sub-paragraph (b), in paragraph (iii), references to ordinary members of an integrated care board nominated pursuant to paragraphs 8(2)(a) to (c) of Schedule 1B to the National Health Service Act 2006, are to be read as including members of the governing board of the predecessor clinical commissioning group of that integrated care board;\n(c) in sub-paragraphs (c) and (d), references to a “health service body” are to be read as including, in the case of an integrated care board, the predecessor clinical commissioning group for that integrated care board;\n(d) in sub-paragraph (g), the period of time for which a member has served on the governing board of an integrated care board includes any period of time for which the member has served on the governing body of the predecessor clinical commissioning group for that integrated care board.\n(10) For the purposes of paragraph (9), “predecessor clinical commissioning group in relation to an integrated care board means a body corporate which, immediately before 1st July 2022, was established in accordance with Chapter A2 of Part 2 of the National Health Service Act 2006, and—\n(a) whose area, as it was immediately before 1st July 2022, is wholly contained within the area of the integrated care board, or\n(b) in relation to which the integrated care board is a transferee specified in a transfer scheme made pursuant to section 14Z28 of the National Health Service Act 2006.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 6(5)(a) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 76(4)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 6(5)(b) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 76(4)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 6(5)(f) substituted (16.12.2024) by The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 (S.I. 2024/1205), regs. 1(1), 19(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 6(5)(g) substituted (16.12.2024) by The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 (S.I. 2024/1205), regs. 1(1), 19(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 6(9)(10) inserted (16.12.2024) by The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2024 (S.I. 2024/1205), regs. 1(1), 19(c)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 6 in force at 1.4.2015, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/18/regulation/6",
    "retrieved_at": "2026-10-28T23:50:18.262861+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."
}