Disqualification for appointment3

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 198616, Schedule 2A to the Insolvency (Northern Ireland) Order 198917 or sections 56A to 56K of the Bankruptcy (Scotland) Act 198518 (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 Act19,

ii

is subject to a national disqualification under a decision by the NHS Tribunal20 which is treated as a national disqualification by virtue of regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 200121 or regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 200222,

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 list23,

v

is suspended from a primary care list24 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 list25, 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 200426, 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 198627,

ii

a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 200228, or

iii

an order under section 429(2) of the Insolvency Act 198629 (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 199030 (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 200531 (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.