Paragraph 3 Removal: specific categories of unsuitability to be a Member

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

Sch. para. 3(f) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 37(2)(a)(i)
Sch. para. 3(f) words omitted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 37(2)(a)(ii)
Sch. para. 3(f) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 37(2)(a)(iii)
Sch. para. 3(g) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 37(2)(b)
Sch. para. 2 words inserted by Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) 2018 Sch. para. 21(j)

The Board shall, as soon as is reasonably practicable, make a determination that a Member is unsuitable to continue his membership of the Board once the Board is satisfied that that Member, during his tenure of office as a Member—

(a)

is disqualified or suspended (other than by an interim suspension order or direction pending investigation) from practising by any Relevant Licensing Body anywhere in the world;

(b)

is the subject of a National Disqualification;

(c)

has been removed from, or refused admission to, a Primary Care List by reason of inefficiency, fraud or unsuitability (within the meaning of sections 49F(2), (3) and (4) of the National Health Service Act 1977^f1 (disqualification of practitioners) respectively) and, at the date the Board is making its determination, has not subsequently been included in such a list;

(d)

is suspended from a Primary Care List (other than by an interim suspension order or direction pending investigation) for a period of three or more months;

(e)

has been finally convicted—

(i)

of a criminal offence in the United Kingdom, the Channel Islands or the Isle of Man and has been sentenced to a term of imprisonment of over three months, including a suspended sentence without the possibility of a fine, or

(ii)

elsewhere of an offence which would if committed in England and Wales constitute a criminal offence and has been sentenced to a term of imprisonment of over three months;

(f)

is adjudged bankrupt or has had sequestration of his estate awarded unless, in either case, he has been discharged or the bankruptcy order has been annulled by the date on which the Board is making its determination;

(g)

is made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986^f2 (bankruptcy restrictions order and undertaking), unless that order has ceased to have effect or has been annulled by the date on which the Board is making its determination;

(h)

has made a composition or arrangement with, or granted a trust deed for, his creditors unless he has been discharged in respect of it by the date on which the Board is making its determination;

(i)

is dismissed or early-retired by any NHS Body for reasons relating to a failure to perform his duties to a standard which in the opinion of the NHS Body ensures the continued operational effectiveness of that NHS Body;

(j)

is subject to a disqualification order under the Company Directors Disqualification Act 1986^f3, the Companies (Northern Ireland) Order 1986^f4 or to an order made under section 429(2)(b) of the Insolvency Act 1986^f5(failure to pay under county court administration order);

(k)

is removed—

(i)

from the position of charity trustee or trustee for a charity by an order made by the Charity Commission 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)

under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990^f6 (powers of the Court of Session to deal with management of charities) from being concerned in the management or control of any body;

(l)

does not reside or work wholly or mainly within the United Kingdom;

(m)

where that Member is a medical member, ceases to be included in the register of medical practitioners maintained by the General Medical Council under section 2 of the Medical Act^f7 (registration of medical practitioners); or

(n)

where that Member is a lay member, has obtained a Registrable Medical Qualification.

Annotations

Footnotes

f1: Section 49F was inserted into the 1977 Act by section 25 of the 2001 Act and amended by the 2002 Act, Schedule 2, paragraph 21 and the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedule 14, Part 2.
f2: 1986 c. 45. Schedule 4A was inserted by section 257 of and Schedule 20 to the Enterprise Act 2002 (c. 40).
f3: 1986 c. 46 as amended by the Insolvency Act 2000 (c. 39).
f4: S.I. 1986/1032 (N.I. 6).
f5: 1986 c. 45.
f6: 1990 c. 40.
f7: 1983 c. 54. Section 2 was amended by S.I. 2002/3135.

Notes on Schedule

Footnotes

f1: S.I. 2003/1250, as amended by S.I. 2004/865, 1947, 2261, 3038 and S.R. 2004/156.