Regulation 3 Amendment of regulation 5 of the principal Regulations

(1)

Regulation 5 of the principal Regulations (disqualification for appointment: chairman and non-officer members) shall be amended as follows.

(2)

In paragraph (1)—

(a)

in sub-paragraph (a)—

(i)

for “, the Channel Islands or the Isle of Man of any offence and” there shall be substituted “of any offence, or convicted elsewhere for an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case”,

(ii)

at the end there shall be added “, and which has not been quashed on appeal”;

(b)

for sub-paragraph (b) there shall be substituted—

“(b)

he has—

(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of his estate awarded unless (in either case) he has been discharged or the bankruptcy order has been annulled or rescinded, or

(ii)

made a composition or arrangement with, or granted a trust deed for, his creditors unless he has been discharged in respect of it;”;

(c)

after sub-paragraph (d), there shall be inserted—

“(da)

he—

(i)

is subject to a national disqualification imposed by the Family Health Services Appeal Authority constituted under section 49S^f1 of the Act,

(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^f2,

(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^f3 or refused admission to a primary care list, on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of that Act^f4 (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,

(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, 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 care list^f5, 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,

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

(d)

in sub-paragraph (e)—

(i)

at the end of head (i), there shall be added “or”,

(ii)

head (ii) shall be omitted, and

(iii)

in head (iii), for “Health Authority” there shall be substituted “Local Health Board”;

(e)

in sub-paragraph (i), for “Health Authority” there shall be substituted “Strategic Health Authority, a Local Health Board”.

(3)

In paragraph (4)—

(a)

in sub-paragraph (a), for “Health Authority” there shall be substituted “Strategic Health Authority or Local Health Board”; and

(b)

sub-paragraph (b) shall be omitted.

Annotations

Footnotes

f1: Section 49S was inserted by the 2001 Act, section 27 and amended by the 2002 Act, Schedule 1, paragraph 18.
f2: 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.
f3: Section 29B was inserted by the 1997 Act, section 32(1) and section 29B(2A) was inserted by the 2001 Act, section 20(3) (a) and amended by the 2002 Act, Schedule 2, paragraph 5 (2).
f4: Section 49F was inserted by the 2001 Act, section 25 and amended by the 2002 Act, Schedule 2, paragraph 21(a).
f5: See section 49G of the Act and the powers to make corresponding provision in sections 28DA(7) and 43D(6) of that Act.