Regulation 4 Amendment of regulation 5 of the principal Regulations

For regulation 5(1) of the principal Regulations (disqualification for appointment) substitute the following paragraph—

“5.

(1)

Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if—

(a)

he has, within the preceding five years, been convicted in the United Kingdom of any offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has been sentenced to a period 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;

(b)

he is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order;

(c)

he has been dismissed within the previous five years, otherwise than by reason of redundancy, from any paid employment with a health service body;

(d)

he is a person whose tenure of office as the chairman, a member, a director or a governor 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 health service body or of the health service that he should continue to hold that office,

(ii)

he failed, without reasonable cause, to attend any meeting of that health service body for three successive meetings, or

(iii)

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

(e)

he—

(i)

is the subject of a national NHS disqualification,

(ii)

was refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act and was not subsequently nominated or approved or included in a primary care list^f1,

(iii)

has been refused admission to a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of the Act^f2 and has not subsequently been included in a primary care list,

(iv)

is conditionally included in a primary care list^f3,

(v)

has been removed from a primary care list on any of the grounds set out in section 49F(2), (3) or (4) of the Act or by a direction of the NHS Tribunal and has not subsequently been included in such a list,

(vi)

is contingently removed from a primary care list^f4, or

(vii)

is suspended from a primary care list^f5 or 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,

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

(f)

he is subject to a disqualification order under the Company Directors Disqualification Act 1986^f6, the Companies (Northern Ireland) Order 1986^f7 or to an order made under section 429(2)(b) of the Insolvency Act 1986^f8 (disabilities on revocation of administration order against an individual);

(g)

he has been—

(i)

removed 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)

removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990^f9 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body.”.