Disqualification for appointment
3.—(1) Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-executive member if—
(a)he has, within the preceding five years, been convicted in the United Kingdom of any offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence in that part, and in either case has been sentenced to a period 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;
(b)he is the subject of a bankruptcy restrictions order or interim bankruptcy restrictions order or has had a sequestration of his estate awarded;
(c)he has been dismissed, otherwise than by reason of redundancy, from any paid employment with—
(i)a health service body, or
(ii)the NRPB;
(d)he is a person whose tenure of office as a chairman or as a member or director of a health service body or the NRPB and in the case of an NHS foundation trust as a governor of a trust, has been terminated on the grounds that—
(i)it was not in the interests of, or conducive to the good management of, the health service body, the NRPB, or the health service that he should continue to hold that office,
(ii)he failed, without reasonable cause, to attend any meeting of that health service body or, as the case may be, the NRPB, 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 respect of which he had a pecuniary interest;
(e)he—
(i)is the subject of a national disqualification pursuant to section 49N of the NHS Act(1),
(ii)was refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the NHS Act(2) and was not subsequently nominated, approved or included in a primary care list,
(iii)has been refused admission to a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of the NHS Act(3) and has not subsequently been included in a primary care list,
(iv)is conditionally included in a primary care list (4),
(v)has been removed from a primary care list on any of the grounds set out in section 49F(2), (3) or (4) of the NHS Act or by a direction of the NHS Tribunal and has not subsequently been included in such a list,
(vi)is contingently removed from a primary care list(5), or
(vii)is suspended from a primary care list(6) 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(7) or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002(8),
and in this sub-paragraph any reference to a provision in the NHS Act includes a reference to the provision corresponding to that provision in Scotland and Northern Ireland;
(f)he is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986(9) or the Company Directors Disqualification (Northern Ireland) Order 2002(10) or to an order made under section 429(2)(b) of the Insolvency Act 1986(11) (failure to pay under county court administration order);
(g)he has been—
(i)removed 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)removed under section 7 of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1990(12) (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any 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 having been—
(a)Chairman or a member or director of the NRPB or a health service body other than an NHS foundation trust; or
(b)Chairman, a governor or non-executive director of an NHS foundation trust.
Section 49N was inserted by the 2001 Act, section 25. Section 49N has been amended by the 2003 Act, section 184 and Schedule 11, paragraphs 7 and 24(a) and (b), the 2002 Act, section 2(5) and Schedule 2, Part 1, paragraphs 1 and 25(1), (2)(a), (b), (3), (4), (5)(a), (b), S.I. 2002/288, article 7(1), (3)(i), and S.I. 2002/480, article 6(1) and (4)(j).
Section 29B(2A) was inserted by the 2001 Act. Section 29B was repealed by section 196 of, and Schedule 14 to, the 2003 Act.
Section 49F was inserted by section 25 of the 2001 Act and amended by section 2(5) of, and paragraphs 1 and 21(a) of Schedule 2 to, the 2002 Act; section 49F(1)(a) has been repealed by section 196 of, and Schedule 14 to, the 2003 Act.
See section 43ZA of the NHS Act for conditional inclusion. Section 43ZA was inserted by the 2001 Act, section 21 and amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), section 2(5) and Schedule 2, paragraphs 1 and 18. See also sections 28X(5) and 43D(4) of the NHS Act and section 8ZA(7) of the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”).
See section 49G of the NHS Act for contingent removal. Section 49G was inserted by the 2001 Act, section 25, and amended by the 2002 Act, section 2(5) and Schedule 2, Part 1, paragraphs 1 and 21(c). See also sections 28X(4) and 43D(6) of the NHS Act and section 8ZA(7) of the 1997 Act.
See section 49I of the NHS Act for suspension. Section 49I was inserted by the 2001 Act, section 25, and amended by the 2002 Act, section 29(5) and Schedule 2, Part 1, paragraphs 1 and 21(c). See also sections 28X(4) and 43D(6) of the NHS Act and section 8ZA(7) of the 1997 Act.
1986 (c. 46). See section 1A of the Act.