The General Social Care Council (Appointments and Procedure) Regulations 2001

Disqualification for appointment E+W

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 [F1 Health 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

F1 Words 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

M1 1999 c. 14.

M2 1977 c. 49.

M3 1997 c. 24.

M4 1989 c. 44.

M5 1993 c. 21.

M6 1994 c. 17.