The National Health Service Appointments Commission Regulations 2001

Disqualification for appointment

3.—(1) Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a Regional Commissioner 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;

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

(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 Act, from any list prepared under Part II of the Act, and has not subsequently had his name included in such a list or he is suspended as respects the provision of Part II services by a direction made pursuant to section 49A(2) or 49B(1) of the Act (or has had his name removed or is suspended under any corresponding provision having effect in Scotland, Wales or Northern Ireland);

(e) he is a chairman or a member of—

(i) a Health Authority,

(ii) another Special Health Authority, or

(iii) a Primary Care Trust;

(f) he is a chairman or a director of an NHS trust;

(g) he is a chairman or a member of an Executive Committee;

(h) 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,

(iii) he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;

(i) he holds any paid appointment or office with a health service body;

(j) he holds an appointment as—

(i) a special trustee for a health service hospital,

(ii) a trustee for an NHS trust, or

(iii) a trustee for a Primary Care Trust.

(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 or director of a health service body.