The Health Education England Regulations 2012

Disqualification for appointment

3.—(1) A person (P) is disqualified for appointment as a non-officer member if—

(a) within the period of 5 years immediately preceding the date of the proposed appointment, P has been convicted—

(i) in the United Kingdom of an offence, or

(ii) outside the United Kingdom 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, the final outcome of the proceedings was a sentence of imprisonment (whether or not suspended) for a period of not less than three months without the option of a fine;

(b) P is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986(1), Schedule 2A to the Insolvency (Northern Ireland) Order 1989(2) or sections 56A to 56K of the Bankruptcy (Scotland) Act 1985(3) (which relate to bankruptcy restrictions orders and undertakings);

(c) P has been dismissed within the period of five years immediately preceding the date of the proposed appointment, otherwise than by reason of redundancy, from paid employment with a health service body;

(d) P is a person whose term of appointment as the chairman, a member, a director or a governor of a health service body has been terminated on the grounds—

(i) that it was not in the interests of, or conducive to the good management of, the health service body or of the health service that P should continue to hold the office,

(ii) that P failed, without reasonable excuse, to attend a meeting of the body on three successive occasions,

(iii) that P failed to declare a pecuniary interest or withdraw from consideration of a matter in respect of which P had a pecuniary interest, or

(iv) of misbehaviour, misconduct or failure to carry out P’s duties;

(e) that P—

(i) is subject to a national disqualification within the meaning of section 159 of the Act(4),

(ii) is subject to a national disqualification under a decision by the NHS Tribunal(5) which is treated as a national disqualification by virtue of regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001(6) or regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002(7),

(iii) has been refused admission to a primary care list and was not subsequently nominated or approved for inclusion in a primary care list,

(iv) is conditionally included in a primary care list(8),

(v) is suspended from a primary care list(9) or treated as so suspended by virtue of regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002,

(vi) is contingently removed from a primary care list(10), or

(vii) has been removed from a primary care list on any of the grounds set out in regulation 10(1)(a) or (b) or (4) of the National Health Service (Performers Lists) Regulations 2004(11), or by a direction of the NHS Tribunal, and has not subsequently been included in such a list,

and in this sub-paragraph, a reference to a provision in, or made under, the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland or Northern Ireland;

(f) P is subject to—

(i) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986(12),

(ii) a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002(13), or

(iii) an order under section 429(2) of the Insolvency Act 1986(14) (disabilities on revocation of administration order against an individual); or

(g) P has at any time been removed—

(i) from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which P was responsible or to which P was privy or which P’s conduct contributed to or facilitated, or

(ii) under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(15) (powers of the Court of Session to deal with the management of charities) or section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005(16) (powers of the 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)(c), P is not to be treated as having been in paid employment by reason only of having been—

(a) in the case of a health service body which is not an NHS trust or an NHS foundation trust, the chairman or a non-officer member of the body;

(b) in the case of an NHS trust, the chairman or a non-executive director of the trust; or

(c) in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of the trust.

(3) In paragraph (2)(a), “non-officer member” means a member of a health service body who is not employed by the body.

(1)

Schedule 4A to the Insolvency Act 1986 (c. 45) was inserted by Schedule 20 to the Enterprise Act 2002 (c.40).

(2)

Schedule 2A to the Insolvency (Northern Ireland) Order 1989 S.I. 1989/2405 (N.I. 19) was inserted by article 13(2) of, and Schedule 5 to, the Insolvency (Northern Ireland) Order 2005 S.I. 2005/1455 (N.I. 10).

(3)

Sections 56A to 56K of the Bankruptcy (Scotland) Act 1985 (c.66) were inserted by section 2(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

(4)

Section 159 of the National Health Service Act 2006 (“the Act”) was amended by S.I. 2010/22.

(5)

The NHS Tribunal was abolished by section 16 of the Health and Social Care Act 2001 (c.15).

(6)

S.I. 2001/3744, amended by S.I. 2002/2469.

(7)

S.I. 2002/1920, regulation 6 applies in Wales only.

(8)

See, in particular, section 148 of the Act and regulation 8 of S.I. 2004/585 as amended by S.I. 2010/22.

(9)

See, in particular, section 154 of the Act and regulation 13 of S.I. 2004/585 as amended by S.I. 2006/1385 and 2010/22.

(10)

See, in particular, section 152 of the Act and regulation 12 of S.I. 2004/585.

(11)

S.I. 2004/585 to which there are no relevant amendments.

(12)

1986 c.46.

(13)

S.I. 2002/3150 (N.I. 4).

(14)

1986 c.45; section 429(2)(b) was amended by paragraph 15 of Schedule 23 to the Enterprise Act 2002 (c.40) and is to be substituted by paragraph 3 of Schedule 16 to the Tribunal, Courts and Enforcement Act 2007 (c.15), on a date to be appointed under section 148 of that Act.

(15)

1990 c. 40; section 7 was repealed by section 104 of, and Schedule 4 to, the Charities and Trustee Investment (Scotland) Act 2005 asp 10.

(16)

2005 asp 10; section 34 was amended by section 122 of the Public Services Reform (Scotland) Act 2010 (asp 8).