Disqualification for appointment or from holding office4
1
Subject to regulation 5, a person is disqualified for appointment or from holding office as a member if—
a
b
he has within the previous 5 years been convicted—
i
of an offence under the 2000 Act or regulations made under it, or
ii
in the British Islands26 of any other offence, or convicted elsewhere of such an offence which, if committed in any part of the British Islands would constitute a criminal offence in that part, and in either case 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,
and which has not been quashed on appeal;
c
he has—
i
been adjudged bankrupt or had a sequestration of his estate awarded, or
ii
made a composition or arrangement with, or granted a trust deed for, his creditors;
d
e
he has been removed—
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated, or
ii
under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 199030 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body;
f
he has been dismissed (without being re-instated) by reason of misconduct from any paid employment with—
i
a health service body,
ii
an establishment of a description specified in section 4(8)(a) of the 2000 Act,
iii
an agency of a description specified in section 4(9)(a) of the 2000 Act31,
iv
a local authority32, or
v
a Scottish council,
where that dismissal has not been the subject of a finding of unfair dismissal by a tribunal or court;
g
his tenure of office as the chairman or member or director of an NHS body has been terminated on the grounds that it was not in the interests of the health service that he should continue to hold office in the body;
h
he is a person whose tenure of office as the chairman or member or director of a health service body has been terminated on the grounds that—
i
it was not in the interests of, or conducive to, the good management of the body in question that he should continue to hold office,
ii
he failed, without reasonable cause, to attend any meeting of that body for a period of three months or more, or
iii
he failed to declare a pecuniary interest, or withdraw from consideration of any matter in which he had a pecuniary interest;
i
he—
i
ceased to be a member of a local authority by virtue of section 85 of the Local Government Act 197233 (vacation of office by failure to attend meetings), or
ii
is disqualified from being or becoming a member of a local authority by virtue of a decision of a case tribunal made under section 79 of the Local Government Act 200034;
j
he—
i
ceased to be a Scottish councillor by virtue of section 35 of the Local Government (Scotland) Act 197335 (vacation of office by failure to attend meetings), or
ii
is disqualified from being or becoming a Scottish councillor by virtue of a decision of the Standards Commission for Scotland made under section 19 of the Ethical Standards in Public Life etc. (Scotland) Act 200036;
k
he—
i
is the subject of a national NHS disqualification,
ii
has been refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the 1977 Act and has not subsequently been approved or included in such a list37,
iii
has been removed from, or refused admission to, a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of that Act38 (efficiency cases, fraud cases and unsuitability cases) and has not subsequently been included in such a list,
iv
is contingently removed from a primary care list under—
aa
section 49G of the 1977 Act39, or
bb
regulations made under section 28X or 43D of the 1977 Act, or
v
is suspended from a primary care list under—
aa
section 49I of the 1977 Act40 or is treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002, or
bb
regulations made under section 28X or 43D of the 1977 Act,
and in this sub-paragraph any reference to a provision in the 1977 Act includes a reference to the provision corresponding to that provision in Scotland and Northern Ireland;
l
he is a person whose registration as a provider or manager of an establishment or agency under Part 2 of the 2000 Act has been cancelled by the registration authority41 under section 14 of that Act42 except where—
i
that decision has been subject to a direction by the Tribunal43 given under section 21 of the 2000 Act that it shall not have effect, or
ii
the cancellation was only by reason of an application for cancellation having been made by him pursuant to section 15(1)(b) of the 2000 Act; or
m
he is an employee of the CSCI.
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 paragraph 1(f), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or member or director of a health service body.