Disqualification for appointment: chairman and non-officer members
5.—(1) Subject to regulation 6, a person shall be disqualified for appointment as the chairman or a non-officer member of a Primary Care 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 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 is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated–
(i)because it was not–
(a)in the interests of the health service or of the body, or
(b)conducive to the good management of the body,
that he should continue to hold office;
(ii)for non-attendance at meetings of the body; or
(iii)for non-disclosure of a pecuniary interest in a matter which is the subject of consideration at a meeting of the body, for taking part in the consideration or discussion of that matter or for voting on any question with respect to that matter;
(e)he is a chairman or member of–
(i)another Primary Care Trust or the Executive Committee of such a trust,
(ii)a Primary Care Group; or
(iii)a Health Authority or a Special Health Authority, other than one specified in Schedule 1;
(f)he is a chairman or director of an NHS trust;
(g)he is a health care professional–
(i)providing, or assisting in the provision of, Part II services or community health services;
(ii)performing, or assisting in the performance of, services in connection with a pilot scheme under the 1997 Act; or
(iii)who has at any time in the previous 12 months provided or performed, or assisted in the provision or performance of, the services referred to in paragraphs (i) and (ii),
(h)he is a person employed by a health care professional referred to in sub-paragraph (g) for the purpose of assisting in the provision or performance of the services referred to in that sub-paragraph;
(i)he holds any paid appointment or office with another Primary Care Trust, a Health Authority, a Special Health Authority, an NHS trust or a pilot scheme health service body.
(2) 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 its not being prosecuted.
(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 chairmanship, membership or directorship of a health service body.
(4) A person shall not be disqualified by paragraph (1)(e) or (f) from being the chairman or a non-officer member of a Primary Care Trust during the trust’s preparatory period by virtue of being–
(a)the chairman or a non-officer member of another trust, another trust’s Executive Committee or a Health Authority;
(b)the chairman or a member of a Primary Care Group;
(c)the chairman or a non-executive director of an NHS trust.
(5) In this regulation, “health care professional” means–
(a)a medical or dental practitioner, as defined in section 128(1) of the Act;
(b)a nurse, midwife or health visitor registered in accordance with the Nurses, Midwives and Health Visitors Act 1997;
(c)a registered pharmacist;
(d)an ophthalmic optician, other than a body corporate enrolled in the list kept under section 9 of the Opticians Act 1989(1);
(e)a person who is registered as a member of a profession to which the Professions Supplementary to Medicine Act 1960(2) extends;
(f)a registered osteopath as defined by section 41 of the Osteopaths Act 1993(3); or
(g)a registered chiropractor as defined by section 43 of the Chiropractors Act 1994(4).