The Appointments Commission Regulations 2006

Disqualification for appointment

5.—(1) Subject to regulation 6 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-executive member or commissioner if—

(a) he has, within the preceding 5 years—

(i) been convicted in the United Kingdom of any offence or been convicted elsewhere of any offence which, if committed in any part of the United Kingdom would constitute a criminal offence; and

(ii) been sentenced to a sentence of imprisonment (whether suspended or not), and

neither the conviction has been quashed nor the sentence reduced to a sentence other than a sentence of imprisonment (whether suspended or not) on appeal;

(b) he is the subject of a bankruptcy restrictions order(1) or interim bankruptcy restrictions order;

(c) he has had a sequestration of his estate awarded and has not been discharged;

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

(e) he—

(i) is the subject of a national NHS disqualification,

(ii) was refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the 1977 Act(2) and was not subsequently nominated or approved or included in a primary care list,

(iii) has been refused admission to a primary care list under section 49F of the 1977 Act(3), or on grounds corresponding to any of the conditions referred to in section 49F(2), (3) or (4) of the 1977 Act, and has not subsequently been included in a primary care list,

(iv) is conditionally included in a primary care list(4),

(v) has been removed from a primary care list under section 49F of the 1977 Act, or on grounds corresponding to any of the conditions referred to in section 49F(2), (3) or (4) of the 1977 Act, or by a direction of the NHS Tribunal, and has not subsequently been included in such a list,

(vi) is contingently removed from a primary care list(5), or

(vii) is suspended from a primary care list(6) or treated as so suspended by virtue of regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002,

and in this sub-paragraph any reference to a provision in the 1977 Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland or Northern Ireland;

(f) he is a chairman or a member of—

(i) a Strategic Health Authority,

(ii) a Special Health Authority,

(iii) a Primary Care Trust, or

(iv) a Local Health Board;

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

(h) he is a chairman or a non-executive director of an NHS foundation trust;

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

(j) he is a person whose tenure of office as the chairman or as a member, director or governor 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 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;

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

(l) he holds an appointment as—

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

(ii) a trustee for an NHS trust or NHS foundation trust, or

(iii) a trustee for a Primary Care Trust;

(m) he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts;

(n) he is subject to a disqualification order under the Company Directors Disqualification Act 1986(7), the Companies (Northern Ireland) Order 1989(8) or the Company Directors Disqualification (Northern Ireland) Order 2002(9) or to an order made under section 429(2)(b) of the Insolvency Act 1986(10) (disabilities on revocation of administration order against an individual);

(o) he has been—

(i) removed from the 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

(ii) removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(11) (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body;

(iii) removed as a director, trustee or committee member of a registered social landlord(12).

(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)(d), a person shall not be treated as having been in paid employment by reason only of his having been—

(a) the chairman or a non-executive director of an NHS trust;

(b) the chairman, or a governor or non-executive director, of an NHS foundation trust; or

(c) in the case of any other health service body, the chairman or a non-officer member of the body.

(1)

See Schedule 4A to the Insolvency Act 1986 (c.45), inserted by Schedule 20 to the Enterprise Act 2002 (c.40). See also Schedule 2A to the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) inserted by Schedule 5 to the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I . 10)).

(2)

Section 29B is repealed by section 196 of, and Schedule 14 to, the 2003 Act.

(3)

Section 49F was inserted by section 25 of the 2001 Act and amended by section 2(5) of, and paragraphs 1 and 21 of Schedule 2 to, the 2002 Act; section 49F(1)(a) and (c) were repealed by section 196 of, and Schedule 14 to, the 2003 Act.

(4)

See section 43ZA of the Act for conditional inclusion. See also sections 28X(5) and 43D(4) of the 1977 Act and section 8ZA(4)(a) of the 1997 Act.

(5)

See section 49G of the Act for contingent removal. See also sections 28X(4) and 43D(6) of the 1977 Act.

(6)

See section 49I of the 1977 Act for suspension. See also sections 28X(4) and 43D(6) of the 1977 Act and section 8ZA(7) of the 1997 Act.

(7)

1986 c.46.

(8)

S.I. 1989/2404 (N.I. 18).

(9)

S.I. 2002/3150 (N.I. 4).

(10)

1986 c.45.

(11)

1990 c.40.

(12)

See paragraph 4 of Schedule 1 to the Housing Act 1996 (c.52).