Regulation 13 Disqualification for appointment

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

reg. 13 applied by Authorities for London Post-Graduate Teaching Hospitals 1990
reg. 13 applied by Prescription Pricing Authority 1990
reg. 13 applied by Welsh Health Common Services Authority 1990
regs.11(2)(4)-(6), 13(1)(a)-(e)(2)(3), 14 applied by National Blood Authority 1993 reg.6(1)(b)(3)
regs 11(2)(4)-(6), 13(1)(a)-(e)(2)(3), 14 appl (mods) by Microbiological Research Authority 1994 reg.6(1)(b)(3)(4)
reg.s I1(I)(4)(5M6), 12, 13(1)(a)-(e)(h)(2)(3), 14-20 appl (mods) by Health Promotion Authority for Wales 1991
reg. 13(1)(g) words inserted by Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) 2004 art. 3(2) Sch. 2
reg. 13(1)(j) and word added by Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) 2004 Sch. 1 para. 6(3)
reg. 13(3) words substituted by Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) 2004 art. 3(14) Sch. 14

(1)

Subject to regulation 14, a person shall be disqualified for appointment as the chairman or a member of an Authority if—

(a)

he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and 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; or

(b)

he has been adjudged bankrupt or has made a composition or arrangement with his creditors; or

(c)

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

(d)

he has had his name removed, by a direction under section 46 of the 1977 Act, from any list prepared under Part II of the Act and has not subsequently had his name included in such a list; or

(e)

he is a person whose tenure of office as the chairman or a member of an Authority has been terminated pursuant to paragraph (3), (4) or (6) of regulation 11;

(f)

he is a chairman or a member of—

(i)

any other Authority;

(ii)

except in so far as regulation 2(2) provides to the contrary, any Family Health Services Authority;

(iii)

any of the special health authorities established by virtue of the Authorities for London Post-Graduate Teaching Hospitals (Establishment and Constitution) Order 1982^f1 and the Board of Governors of the Eastman Dental Hospital (Establishment and Constitution) Order 1984^f2;

(g)

he is a chairman or director of an NHS trust;

(h)

he holds any paid appointment or office with a trade union which represents the interests of members who are employed by a health service body.

(i)

he is a member of a fund-holding practice recognised under section 14 of the 1990 Act.

(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 expiries 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 chairmanship or membership of a health service body.

Annotations

Footnotes

f1: S.I. 1982/314; the relevant amending instrument is S.I. 1984/190.
f2: S.I. 1984/188.