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The Family Health Services Authorities (Membership and Procedure) Regulations 1990

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Disqualification for Appointment

6.—(1) Subject to regulations 7 and 9, a person shall be disqualified for appointment as a member 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 1977 Act, from any list prepared under Part II of the Act and has not subsequently had his name included in such a list;

(e)he is a person whose term of office has been terminated pursuant to paragraph (3), (5) (a), (b) or (c) or (6) of regulation 4;

(f)subject to paragraph (3), he holds any paid appointment or office with a health authority, an NHS trust or another Authority;

(g)he holds any paid appointment or office with the Dental Practice Board other than membership of that Board;

(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.

(2) For the purposes of paragraph (1) (a) the date of conviction is 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 not being prosecuted.

(3) A person shall not be disqualified under paragraph (1) (f) by virtue of holding a paid office or appointment where —

(a)he is a person who is appointed under regulation 2 (2) (d); or

(b)he is a person providing Part II services and the paid appointment or office is a part-time appointment or office, other than as Chairman or as member, with a health authority;

(c)he is Chairman of an Authority and the paid appointment or office is membership of a Regional Health Authority.

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