The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

5.—(1) A person who has been dismissed within the period of five years immediately preceding the date of the proposed appointment, otherwise than because of redundancy, from paid employment by any of the following— E+W

(a) [F1 NHS England] ;

[F2 (aa) a clinical commissioning group;];

(b) a CCG;

(c) a social services authority;

F3 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) an NHS trust M1 ;

(g) an NHS foundation trust;

(h) a Special Health Authority M2 ;

(i) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

(j) a Health Board or Special Health Board constituted under the National Health Service (Scotland) Act 1978 M3 ;

(k) a Scottish NHS trust established under section 12A of the National Health Service (Scotland) Act 1978 M4 ;

(l) a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972 M5 ;

(m) the Care Quality Commission established by section 1 of the Health and Social Care Act 2008 M6 ;

(n) the Health Protection Agency established by section 1 of the Health Protection Agency Act 2004 M7 ;

(o) Monitor M8 ;

(p) the Wales Centre for Health established by section 2 of the Health (Wales) Act 2003 M9 ;

(q) the Common Services Agency for the Scottish Health Service constituted by section 10 of the National Health Service (Scotland) Act 1978 M10 ;

(r) Healthcare Improvement Scotland, established by section 10A of the National Health Service (Scotland) Act 1978 M11 ;

(s) the Scottish Dental Practice Board constituted under section 4 of the National Health Service (Scotland) Act 1978 M12 ;

(t) the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 M13 ;

(u) the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 M14 ;

(v) the Regional Agency for Public Health and Wellbeing established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;

(w) the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;

(x) Health and Social Care trusts (formerly known as Health and Social Services trusts), established under the Health and Personal Social Services (Northern Ireland) Order 1991 M15 ;

(y) Special health and social care agencies (formerly known as Special health and social services agencies), established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 M16 ;

(z) the Patient and Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009; and

(aa) the Health and Social Care Regulation and Quality Improvement Authority (formerly known as The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority), established under the Health and Personal Social Services (Quality Improvement and Regulation) (Northern Ireland) Order 2003 M17 .

(2) For the purposes of paragraph (1), a person is not to be treated as having been in paid employment by reason only of having been—

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

[F5 (b) in the case of a clinical commissioning group, the chair or a member of the governing body of that clinical commissioning group;]

[F6 (ba) in the case of an integrated care board, a member of that integrated care board; or]

(c) case of any other NHS body, the chairman or chair, or a member or a director of the NHS body in question.

Textual Amendments

F1 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F2 Sch. 5 para. 5(1)(aa) inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 58(4)(a)

F3 Sch. 5 para. 5(1)(d) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 209(11)

F4 Sch. 5 para. 5(1)(e) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 209(11)

F5 Sch. 5 para. 5(2)(b) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 58(4)(b)(i)

F6 Sch. 5 para. 5(2)(ba) inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 58(4)(b)(ii)

Marginal Citations

M1 NHS trusts are established under section 25 of the 2006 Act or section 18 of the National Health Service (Wales) Act 2006 (c. 42). NHS Trusts in England are abolished by section 179 of the 2012 Act.

M2 Special Health Authorities are established under section 28 of the 2006 Act or section 22 of the National Health Service (Wales) Act 2006.

M3 1978 c. 29. Section 2 was amended by paragraph 1 of Schedule 7 to the Health and Social Services Adjudications Act 1983 (c. 41), section 28 of, and paragraph 19(1) of Schedule 9 and paragraph 1 of Schedule 10 to, the National Health Service and Community Care Act 1990 (c. 19), paragraph 1(2) of Schedule 1 to the National Health Service Reform (Scotland) Act 2004 (asp 7), paragraph 2(2) of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) and section 2(1) of the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5).

M4 Section 12A was inserted by section 31 of the National Health Service and Community Care Act 1990 and amended by paragraph 34 of Schedule 2 to the National Health Service (Primary Care) Act 1997 (c. 46) and sections 46(1) and 48 of, and paragraph 45 of Schedule 4 to, the Health Act 1999 (c. 8).

M5 S.I. 1972/1265 (N.I. 14). Health and Social Services Boards were dissolved by section 1(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

M6 2008 c. 14.

M7 2004 c. 17. The Health Protection Agency is abolished by section 56 of the 2012 Act.

M8 “Monitor” is the new name given to the Independent Regulator of NHS Foundation Trusts: see section 61 of the 2012 Act, and generally, Chapter 1 of Part 3 of that Act.

M9 2003 c. 4. The Wales Centre for Health is abolished under S.I. 2009/2653 (W215).

M10 Section 10 was amended by paragraph 2 of Schedule 6 to the Health Services Act 1980 (c. 53), paragraph 1 of Schedule 10 to the National Health Service and Community Care Act 1990, paragraph 44 of Schedule 8 to the Health Act 1999 (c. 8) and paragraph 2(4) of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13).

M11 Section 10A was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8).

M12 Section 4 was amended by section 12(3) of, and Schedule 3 to, the Health and Medicines Act 1988 (c. 49) and paragraph 2(3) of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005.

M13 The Northern Ireland Central Services Agency for the Health and Social Services was dissolved by section 1(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

M14 2009 c. 1 (N.I.).

M15 S.I. 1991/194 (N.I. 1). Health and Social Services trusts established under Article 10 of S.I. 1991/194 (N.I.) were renamed Health and Social Care trusts under section 1(3) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

M16 S.I. 1990/247 (N.I. 3). Special health and social services agencies established under Article 10 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 were renamed Special health and social care agencies under section 1(3) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

M17 S.I. 2003/431 (N.I. 9). The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority established under Article 10 of S.I. 2003/431 (N.I. 9) was renamed The Health and Social Care Regulation and Quality Improvement Authority under section 1(2) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.