2.—(1) The Council shall consist of a chairman and not more than 24 members.
(2) The chairman and all of the members shall be appointed by the Secretary of State.
(3) A majority of the Council shall be appointed from persons who are not, and have not within 12 months of their appointment been–
(a)social care workers, or
(b)involved in the training, education, appointment, employment, supply, supervision, monitoring or representation of social care workers.
(4) Membership of a local authority only counts for the purposes of paragraph (3)(b) if–
(a)the authority of which the person is a member employs a social care workers in connection with any of the authority’s functions; or
(b)the person is a member of a committee or sub-committee of a local authority and a function of that committee or sub-committee is the monitoring or supervising of social care workers or the service they provide.
(5) In these Regulations, “social care workers” includes persons treated as social care workers by virtue of regulations under section 55(3) of the Act.
(6) The chairman shall be one of those persons who must satisfy the requirements of paragraph (3).
3.—(1) The chairman shall be appointed for a period not exceeding 3 years.
(2) The members shall be appointed for a period not exceeding 4 years.
(3) Members may be appointed for periods of different duration.
(4) The period of appointment of the chairman and of any particular member shall be determined by the Secretary of State.
(5) The chairman shall on the termination of his period of appointment by eligible for reappointment as chairman for such further period not exceeding 3 years or for appointment as a member for a period not exceeding 4 years, as the Secretary of State may determine.
(6) The members shall be eligible for reappointment at the termination of a period of appointment for such further period not exceeding 4 years as the Secretary of State may in any particular case determine.
(7) The Secretary of State may instead of reappointing the chairman or a member on the expiration of their term of office, extend their appointment for such further period as may appear reasonable in the particular circumstances; but the period by which an appointment is extended must not exceed 3 years in the case of the chairman or 4 years in the case of a member.
4.—(1) The following persons are disqualified for appointment as chairman or as a member–
(a)a person who within 5 years of the day his appointment would otherwise have taken effect has been convicted whether in the United Kingdom or elsewhere of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than 3 months without the option of a fine;
(b)a person who within 20 years of the day of his appointment would otherwise have taken effect has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years;
(c)a person who has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years;
(d)a person who has been adjudged bankrupt or has made a composition or arrangement with his creditors;
(e)a person who has been dismissed, otherwise than by reason of redundancy, from any paid employment with a local authority;
(f)a person whose appointment as chairman or as a member or a director of any public body which employs social care workers has been terminated on the ground that–
(i)it was not in the interests or, or conducive to the good management of that body, that he should continue to hold office;
(ii)he failed without the consent of that body to attend its meetings for a continuous period of 3 months;
(iii)he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
(g)the person is employed by the Council, the Welsh Council or by any body exercising functions similar to those of the Council under legislation in force in Scotland or Northern Ireland;
(h)any person whose application for registration under Part IV of the Act, or under legislation of similar effect in force in Scotland or Northern Ireland, has been refused, or
(i)whose registration has been suspended and the suspension has not been terminated; or
(ii)whose name has been removed from the register and not restored;
(i)any person included in a list kept by the Secretary of State under section 1 of the Protection of Children Act 1999 M1 (list of persons considered unsuitable to work with children) or section 81 of the Act (list of persons considered unsuitable to work with vulnerable adults);
(j)any person whose registration as a health care professional has been withdrawn or suspended.
(2) For the purposes of paragraph (1)(a), (b) and (c)–
(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; and
(b)there shall be disregarded–
(i)any conviction by or before a court outside the United Kingdom for an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom; and
(ii)any sentence of imprisonment passed by such a court on a person who at the time the sentence was passed was under 21 years of age.
(3) Where a person is disqualified because he has been adjudged bankrupt, the disqualification shall cease–
(a)unless the bankruptcy made against that person is previously annulled, on his discharge from bankruptcy; and
(b)it the bankruptcy is so annulled, on the day of annulment.
(4) Where a person is disqualified because he made a composition or arrangement with his creditors, his disqualification shall cease–
(a)except where sub-paragraph (b) applies, on the expiration of 3 years from the date on which the terms of the deed of composition or arrangement are fulfilled; or
(b)where he pays his debts in full, on the day on which payment is completed.
(5) Subject to paragraph (6), a person who is disqualified under paragraph (1)(e) may, after the expiry of 2 years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove that disqualification, and the Secretary of State may direct that that disqualification shall cease.
(6) Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of 2 years beginning with the date of the application and this paragraph shall apply to any subsequent application.
(7) In paragraph (1)(j), a “health care professional” means–
(a)a medical or dental practitioner, as defined in section 128(1) of the National Health service Act 1977 M2;
(b)a nurse, midwife or health visitor registered in accordance with the Nurses, Midwives and Health Visitors Act 1997 M3;
(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 M4;
(e)a person who is registered as a member of a profession to which the [F1Health Professions Order 2001] extends;
(f)a registered osteopath as defined by section 41 of the Osteopaths Act 1993 M5; or
(g)a registered chiropractor as defined by section 43 of the Chiropractors Act 1994 M6.
Textual Amendments
F1Words in reg. 4(7)(e) substituted (9.7.2003) by The Health Professions Order 2001 (Consequential Amendments) Order 2003 (S.I. 2003/1590), art. 1, Sch. para. 15
Marginal Citations
5.—(1) The chairman or a member may resign his office at any time during his term of office by giving not less than 30 days notice in writing to the Secretary of State of his intention to do so.
(2) A person who resigns as chairman may, if the Secretary of State consents, continue to serve as a member for any part of the period of his appointment which remains when his resignation as chairman takes effect.
(3) A person who, on his resignation as chairman, seeks to continue to serve as a member must inform the Secretary of State in writing of his wish to do so when he submits his resignation as chairman.
(4) A person who fails to comply with the requirement of paragraph (3) shall cease to be on the Council when his term of office as chairman terminates.
(5) In the case of a member who during his term of office is appointed chairman, the terms on which he was appointed a member shall cease to apply on the day on which his appointment as chairman takes effect.
6.—(1) The Secretary of State–
(a)must terminate the appointment of a person as chairman or as a member where the person–
(i)becomes disqualified for appointment under regulation 4; or
(ii)fails without the consent of the Council to attend meetings for a continuous period of 3 months beginning with the date of a meeting; and
(b)may terminate the appointment of a person as chairman or as a member where the person–
(i)is capable of carrying out his function by reason of a physical or mental illness; or
(ii)has failed to comply with regulation 10 (disability on account of pecuniary interest).
(2) Paragraph (1)(a)(ii) shall not apply where the Secretary of State is satisfied that the person had good cause for not attending the meetings and that, once the circumstances which caused him to miss the meetings are removed, he can and will attend the meetings of the Council.
(3) Where the Secretary of State decides to terminate an appointment under paragraph (1), he shall forthwith give the person concerned notice in writing of the termination of his appointment and of the reasons for his decision.
(4) Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of the Council or any of its committees that the chairman or member should continue to hold office, he may forthwith terminate his appointment by giving him notice in writing to that effect.
(5) Where a person has been appointed chairman or a member and it comes to the notice of the Secretary of State that at the time of the appointment he was disqualified for appointment under regulation 4, he shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect; and upon receipt of such notification, his appointment shall be terminated and he shall cease to act as such chairman or member.
(6) A person who, after his appointment as chairman or as a member, is adjudged bankrupt or makes a composition or arrangement with his creditors, shall give notice in writing of the fact to the Secretary of State.
7.—(1) Subject to paragraph (2), the chairman and members may appoint one of their number to be deputy chairman for such period, not exceeding the remainder of his term of office as a member, as they may specify on appointing him.
(2) Any member so appointed may at any time resign from the office of deputy chairman by giving notice in writing to the chairman.
(3) Where the chairman is, for whatever reason, unable to perform his duties as chairman, the deputy chairman may perform those duties.