The National Health Service Trusts (Membership and Procedure) (Scotland) Regulations 1991

Disqualification for appointment: chairman and non-executive directors

8.—(1) Subject to regulation 9, a person shall he disqualified for appointment as the chairman or a non-executive director of an NHS trust 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 in respect of which he has received a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(b) his estate has been sequestrated or he has otherwise been made or become bankrupt, he has granted a trust deed for the benefit of his creditors, or a curator bonis or judicial factor has been appointed over his affairs; or

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

(d) he is a person whose appointment as the chairman, member or director of a health service body has been terminated; or

(e) he is a chairman, member, director or employee of a health service body; or

(f) he is a general medical practitioner or general dental practitioner or an employee of either of those; or

(g) he holds a paid appointment or office with a trade union which represents the interests of members who are employed by a health service body; or

(h) he has had his name removed, by a direction under section 29 of the Act from any list prepared under Part II of that act and has not subsequently had his name included in such a list.

(2) For the purposes of paragraph (1)(a) the date of conviction shall he deemed to be the date on which the days of appeal expire without any appeal having been lodged, or if an appeal has been made, the date of which the appeal is finally disposed of or treated as having been abandoned.

(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, member or director of the health service body.

(4) A person shall not be disqualified by virtue of paragraph (1)(e) from being the non-executive director referred to in paragraph (3)(1)(d) of Schedule 7A to the Act by reason of his employment with a health service body.

(5) In paragraph (1)(f)—

“general dental practitioner” means a dental practitioner who is providing general dental services in accordance with arrangements made under section 25 of the Act; and

“general medical practitioner” means a medical practitioner who is providing general medical services in accordance with arrangements made under section 19 of the Act.