The Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 2004

Disqualification for appointment

5.—(1) The following persons are disqualified for appointment as the chairman or as a member of the Agency –

(a) a person who within 5 years of the day his appointment would otherwise have taken effect, has been convicted whether in the United Kingdom or elsewhere 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) a person who has been adjudged bankrupt or has made a composition or arrangement with his creditors;

(c) a person who has been dismissed, otherwise than by reason of redundancy, from any paid employment with a public body, a health service body or a health and social services body;

(d) a person whose appointment as the chairman or a member of any public body, health service body or health and social services body has been terminated on the grounds that –

(i) it was not in the interests of, or conducive to the good management of, that body that he should continue to hold office;

(ii) he has failed without the consent of that body to attend its meetings for a continuous period of 3 months;

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

(e) a person who has financial or related interests which prejudice the exercise of his duties;

(f) a person whose registration as a health care professional has been withdrawn or suspended;

(g) a person who is an employee of the Agency;

(h) a person who holds paid employment or office with a trade union which represents the interests of members who are employed by a health and social services body.

(2) A person who is currently a chairman, member, director or employee of a health and social services body is disqualified for appointment as the chairman.

(3) 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 it not being prosecuted.

(4) Where a person is disqualified under paragraph (1)(b) by reason of having been adjudged bankrupt –

(a) if the bankruptcy is annulled on the grounds that he ought not to have been adjudged bankrupt or on the grounds that his debts have been paid in full, the disqualification shall cease on the date of the annulment;

(b) if he is discharged the disqualification shall cease on the date of his discharge.

(5) Where a person is disqualified under paragraph (1)(b) by reason of his having made a composition or arrangement with his creditors, if he pays his debts in full the disqualification shall cease on the date on which the payment is completed and in any other case shall cease on the expiry of five years from the date on which the terms of the deed of composition or arrangement is fulfilled.

(6) For the purposes of paragraph (1)(c) “dismissal” excludes dismissal which was established to be unfair in industrial tribunal proceedings.

(7) Subject to paragraph (8), a person who is disqualified under (1)(c) (dismissed employees), may, after the expiry of a period of not less than two years, apply in writing to the Department to remove the disqualification and the Department may direct that the disqualification shall cease.

(8) Where the Department refuses an application to remove a disqualification, no further application may be made by that person until the expiration of two years from the date of the application.

(9) Where a person is disqualified under paragraph (1)(d) (certain chairmen and directors whose appointments have been terminated), the disqualification shall cease on the expiry of a period of two years or such longer period as the Department specifies when terminating his period of appointment but the Department may on application being made to it by that person, reduce the period of disqualification.

(10) In paragraph (1)(f) “health care professional” means –

(a) a medical practitioner or a dental practitioner;

(b) a registered pharmacist;

(c) an ophthalmic optician, other than a body corporate enrolled in the list kept under section 9 of the Opticians Act 1989(1);

(d) a person who is registered as a member of a profession to which the Health Professions Order 2001(2) extends or to which the Professions Supplementary to Medicine Act 1960(3) extended;

(e) a registered osteopath as defined by section 41 of the Osteopaths Act 1993(4);

(f) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994(5);

(g) a person registered under section 5 of the Nursing and Midwifery Order 2001(6), or the register previously maintained under section 7 of the Nurses, Midwives and Health Visitors Act 1997(7).

(1)

1989 c. 44

(2)

S.I. 2002/254

(3)

1960 c. 66

(4)

1993 c. 21

(5)

1994 c. 17

(6)

S.I. 2002/253

(7)

1997 c. 24