{
  "url": "https://openlegislation.uk/nhsu-regulations-2003/regulation-3",
  "json_url": "https://openlegislation.uk/nhsu-regulations-2003/regulation-3.json",
  "legislation": "uksi/2003/2773",
  "legislation_title": "The NHSU Regulations 2003",
  "legislation_url": "https://openlegislation.uk/nhsu-regulations-2003",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Disqualification for appointment",
  "text": "(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—\n(a) he has within the proceeding 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 3 months without the option of a fine, and which has not been quashed on appeal;\n(b) he has—\n(i) been adjudged bankrupt or had a sequestration of his estate awarded unless (in either case) he has been discharged or the bankruptcy order has been annulled or rescinded, or\n(ii) made a composition or arrangement with, or granted a trust deed for, his creditors unless he has been discharged in respect of it;\n(c) he has been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;\n(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—\n(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,\n(ii) he failed, without reasonable cause, to attend any meeting of that health service body for a period of three months or more, or\n(iii) he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;\n(e) he—\n(i) is subject to a national disqualification under section 49N of the Act imposed by the Family Health Services Appeal Authority constituted under section 49S of the Act,\n(ii) is subject to a national disqualification under a decision of the former 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,\n(iii) has been refused nomination or approval to fill a vacancy for a medical practitioner under regulations made pursuant to section 29B(2A) of the Act 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 (efficiency cases, fraud cases and unsuitability cases) and has not subsequently been approved or, as the case may be, included in a primary care list,\n(iv) is conditionally included in a primary care list,\n(v) has been removed from a primary care list on any of the grounds set out in section 49F of the Act, or by a direction of the National Health Service Tribunal and has not subsequently been included in such a list,\n(vi) is contingently removed from a primary care list, or\n(vii) is suspended from a primary care list or is treated as so suspended by virtue of regulations 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001,\nand 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;\n(f) he is subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order);\n(g) he has been—\n(i) removed from 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\n(ii) removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities), from being concerned in the management or control of any body; or\n(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.\n(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, and in the case of and NHS trust, a member of the board of directors of, the health service body in question.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 49N was inserted by the 2001 Act, section 25."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 49S was inserted by the 2001 Act, section 27."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 2001/3744. The National Health Service Tribunal was abolished by section 16 of the 2001 Act."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 29B was inserted by the 1997 Act, section 32(1) and section 29B(2A) was inserted by the 2001 Act, section 20(1) and (3) (a) and amended by the 2002 Act, Schedule 2, Part I, paragraph 5(1) and (2)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Section 49F was inserted by the 2001 Act, section 25."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "1986 c. 46."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "S.I. 1986/1032 (N.I.6)."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "1986 c. 45."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "1990 c. 40."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "uksi/2004/696",
      "affecting_title": "The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/2004/865",
      "affecting_title": "The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2004/696",
      "affecting_title": "The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2003/2773/regulation/3",
    "retrieved_at": "2026-10-29T05:45:59.564685+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."
}