Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Appointments Commission Regulations 2006 and shall come into force on 1st October 2006.

(2)

In these Regulations—

“the 1977 Act” means the National Health Service Act 19772;

“the Act” means the Health Act 2006;

“the Commission” means the Appointments Commission3;
“commissioner” means a health and social care commissioner4;

“the chairman” means the chairman of the Commission;

“executive member” means an executive member of the Commission5;
“Executive Committee” means a committee of a Primary Care Trust appointed under regulation 9(1) of the Primary Care Trusts (Membership and Procedure) Regulations 20006;

“the FHSAA” means the Family Health Service Appeal Authority constituted under section 49S of the 1977 Act;

“health service body” means—

(a)

a Strategic Health Authority7, Special Health Authority8, Primary Care Trust9, Local Health Board10, NHS trust11 or NHS foundation trust12,

(b)

a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 197813, or the Scottish Dental Practice Board, the Common Service Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act14,

(c)

the Secretary of State,

(d)

the Commission for Healthcare Audit and Inspection15,

(e)

the Dental Practice Board constituted under section 37(1) of the 1977 Act16,

(f)

the Health Protection Agency17,

(g)

the Independent Regulator of NHS Foundation Trusts18,

(h)

the National Assembly for Wales,

(i)

the Wales Centre for Health19,

(j)

the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 197220,

(k)

a special health and social services agency established under the Health and Personal Services (Special Agencies) (Northern Ireland) Order 199021,

(l)

a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972,

(m)

a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 199122,

(n)

the Department of Health, Social Services and Public Safety for Northern Ireland,

(o)

a body in relation to which a direction has been given under section 58, 60 or 61 of the Act23, or

(p)

a body which falls within paragraph (3);

“health service hospital” has the meaning given by section 128(1) of the 1977 Act;

“non-executive member” means a non-executive member of the Commission24;

“national NHS disqualification” means—

(a)

a decision made by the FHSAA under section 49N of the 1977 Act25 or under regulations corresponding to that section made under section 28X(4) of that Act26 (persons performing primary medical and dental services), or

(b)

a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 200127 or regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 200228;

“the NHS Tribunal” means the Tribunal constituted under section 46 of the 1977 Act for England and Wales;

“primary care list” means—

(a)

a list referred to in section 49N(1)(a) to (c) of the 1977 Act;

(b)

a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29 of the 1977 Act29 as the list existed on or before 31st March 2004,

(c)

a list of persons undertaking to provide general dental services prepared in accordance with regulations under section 36 of the 1977 Act30 as the list existed on or before 31st March 2006,

(d)

a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1) of the 1977 Act31 as the list existed on or before 31st March 2004,

(e)

a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general dental services prepared in accordance with regulations under section 43D(1) of the 1977 Act as the list existed on or before 31st March 2006, or

(f)

a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 199732 as the list existed on or before 31st March 2004;

“sentence of imprisonment” does not include a committal—

(a)

in default of payment of any sum of money,

(b)

for want of sufficient distress to satisfy any sum of money, or

(c)

for failure to do or abstain from doing anything required to be done or left undone.

(3)

A body falls within this paragraph if arrangements providing for the Commission to assist in the exercise of any power relating to appointment of the body’s chairman, or any non-executive member of the body, have been entered into under section 63(4) of the Act and remain in force.