SCHEDULEDISQUALIFICATION FOR APPOINTMENT

Article 3(5)

1.

(1)

A person shall be disqualified for appointment as a member if—

(a)

he is a member of either House of Parliament;

(b)

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;

(c)

he has been adjudged bankrupt or has made a composition or arrangement with his creditors; or

(d)

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

(2)

For the purposes of paragraph (1)(b), 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 sub-paragraph (1)(d) a person shall not be treated as having been in paid employment by reason only of his chairmanship or membership of a health service body.

(4)

For the purposes of this Schedule, “health service body” means—

(a)

a health authority or a Family Health Services Authority respectively established under sections 8 and 10 of the National Health Service Act 19773;

(b)

an NHS Trust established under section 5 of the National Health Service and Community Care Act 19904;

(c)

a Health Board, a Special Health Board, the Common Services Agency for the Scottish Health Service or an NHS Trust respectively constituted under sections 2, 10, and 12A of the National Health Service (Scotland) Act 19785;

(d)

a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 19846;

(e)

The Dental Practice Board7 or Scottish Dental Practice Board8;

(f)

The Public Health Laboratory Service Board9; and

(g)

The National Radiological Protection Board established under section 1 of the Radiological Protection Act 197010 .