Regulation 3 Disqualification for appointment

(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 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;

(b)

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;

(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 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 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 a period of three months or more, 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 subject to a national disqualification under section 49N of the Act^f1 (national disqualification) imposed by the Family Health Services Appeal Authority constituted under section 49S of the Act^f2 (the Family Services Appeal Authority),

(ii)

is subject to a national disqualification under a decision of the National Health Service Tribunal, which is treated as a national disqualification by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001^f3,

(iii)

has been refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act^f4 (vacancies for medical practitioners) or 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^f5 (disqualification of practitioners) and has not subsequently been approved or, as the case may be, included in a primary care list,

(iv)

is conditionally included in a primary care list,

(v)

has been removed from a primary care list on any of the grounds set out in section 49F of the Act (disqualification of practitioners) or by a direction of the National Health Service Tribunal and has not subsequently been included in such a list,

(vi)

is contingently removed from a primary case list, or

(vii)

is suspended from a primary care list 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^f6,

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^f7, the Companies (Northern Ireland) Order 1986^f8 or to an order made under section 429(2)(b) of the Insolvency Act 1986^f9 (failure to pay under county court administration order);

(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^f10 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body; or

(h)

he is in paid employment with a body other than a health service body which recruits or provides staff to positions in the NHS.

(2)

For the purposes of paragraph (1)(a), 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)(c), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a member of, or in the case of an NHS trust, a member of the board of directors of, the health service body in question.

Annotations

Footnotes

f1: Section 49N was inserted by section 25 of the 2001 Act and amended by section 2(5) of, and paragraphs 1 and 25 of Schedule 2 to, the 2002 Act.
f2: Section 49S was inserted by section 27(1) of the 2001 Act and amended by section 1(3) of, and paragraphs 1 and 18 of Schedule 1 to, the 2002 Act.
f3: S.I. 2001/3744. The National Health Service Tribunal was abolished by section 16 of the 2001 Act, with effect from 14th December 2001, subject to article 2(5) and (6) of S.I. 2001/3738 which provided for a later commencement date for section 16 in respect of certain types of case before the National Health Service Tribunal.
f4: Section 29B was inserted by section 32(1) of the 1997 Act and amended by sections 3(a), 15 and 20(1) and (3) of the 2001 Act, sections 2(5) and 37(2) of, and paragraphs 1 and 5 of Schedule 2 and Part 1 of Schedule 9 to, the 2002 Act.
f5: Section 49F was inserted by section 25 of the 2001 Act and amended by section 2(5) of, and paragraphs 1 and 21(a) of Schedule 2 to, the 2002 Act.
f6: S.I. 2001/3744. Regulation 6(2) was amended by S.I. 2002/2469.
f7: 1986 c. 46.
f8: S.I. 1986/1032 (N.I.6).
f9: 1986 c. 45.
f10: 1990 c. 40.