The Community Health Councils Regulations 1996

Disqualification for membership

7.—(1) Subject to paragraph (3), a person shall be disqualified for appointment as a member, and from being a member, if—

(a) he is a chairman or is a member of, or is employed by a relevant Health Authority or, a Special Health Authority, which provides services within the district of the Council;

(b) he provides or is employed by a person or body, not being a voluntary organisation, providing services under the Act in accordance with a contract made between that person or body and the relevant Health Authority or a relevant NHS trust;

(c) he is a chairman or director of, or is employed by, a relevant NHS trust which provides services in the district of the Council; or

(d) he is a—

(i) medical practitioner;

(ii) dental practitioner;

(iii) registered pharmacist;

(iv) registered ophthalmic optician or registered dispensing optician within the meaning of the Opticians Act 1989(1);

(v) registered nurse, registered midwife or registered health visitor;

• providing services as such within the district of the Council.

(2) Subject to paragraph (3), a person shall be disqualified for appointment, and from being a member if he has been dismissed, otherwise than by reason of redundancy, from any paid employment with any of the following bodies—

(a) a Regional Health Authority, a District Health Authority or a Family Health Services Authority;

(b) a Health Authority;

(c) a Special Health Authority;

(d) the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970(2);

(e) the Public Health Laboratory Service Board;

(f) an NHS trust; or

(g) the Dental Practice Board(3).

(3) Subject to paragraph (4), where a person is disqualified under paragraph (2) he may, after the expiry of not less than two years commencing with the date of the dismissal, apply in writing to the Secretary of State for the removal of the disqualification, and the Secretary of State may direct that the disqualification shall cease.

(4) Where the Secretary of State refuses a person’s application for the removal of a disqualification, no further application may be made by that person within two years of the date of that application.

(1)

1989 c. 44.

(2)

1970 c. 46.

(3)

See s.12(1) of the Health and Medicines Act 1988.