SCHEDULE 5Persons disqualified from being a chair, CCG member or social services authority member of a review panel
1
A Member of Parliament, Member of the European Parliament or member of the London Assembly.
F12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
A person who, within the period of five years immediately preceding the date of the proposed appointment, has been convicted—
a
in the United Kingdom of any offence; or
b
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 suspended or not) for a period of not less than three months without the option of a fine.
4
A person who is subject to a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 M1, sections 56A to 56K of the Bankruptcy (Scotland) Act 1985 M2 or Schedule 2A to the Insolvency (Northern Ireland) Order 1989 M3 (which relate to bankruptcy restrictions orders and undertakings).
5
1
A person who has been dismissed within the period of five years immediately preceding the date of the proposed appointment, otherwise than because of redundancy, from paid employment by any of the following—
a
the Board;
b
a CCG;
c
a social services authority;
d
a Strategic Health Authority M4;
e
a Primary Care Trust M5;
f
an NHS trust M6;
g
an NHS foundation trust;
h
a Special Health Authority M7;
i
a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
j
a Health Board or Special Health Board constituted under the National Health Service (Scotland) Act 1978 M8;
k
a Scottish NHS trust established under section 12A of the National Health Service (Scotland) Act 1978 M9;
l
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972 M10;
m
the Care Quality Commission established by section 1 of the Health and Social Care Act 2008 M11;
n
the Health Protection Agency established by section 1 of the Health Protection Agency Act 2004 M12;
o
Monitor M13;
p
the Wales Centre for Health established by section 2 of the Health (Wales) Act 2003 M14;
q
the Common Services Agency for the Scottish Health Service constituted by section 10 of the National Health Service (Scotland) Act 1978 M15;
r
Healthcare Improvement Scotland, established by section 10A of the National Health Service (Scotland) Act 1978 M16;
s
the Scottish Dental Practice Board constituted under section 4 of the National Health Service (Scotland) Act 1978 M17;
t
the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 M18;
u
the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 M19;
v
the Regional Agency for Public Health and Wellbeing established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
w
the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
x
Health and Social Care trusts (formerly known as Health and Social Services trusts), established under the Health and Personal Social Services (Northern Ireland) Order 1991 M20;
y
Special health and social care agencies (formerly known as Special health and social services agencies), established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 M21;
z
the Patient and Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009; and
aa
the Health and Social Care Regulation and Quality Improvement Authority (formerly known as The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority), established under the Health and Personal Social Services (Quality Improvement and Regulation) (Northern Ireland) Order 2003 M22.
2
For the purposes of paragraph (1), a person is not to be treated as having been in paid employment by reason only of having been—
a
in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of the trust;
b
in the case of a CCG, the chair or a member of the governing body of that CCG; or
c
in the case of any other NHS body, the chairman or chair, or a member or a director of the NHS body in question.
6
F2A person whose term of office as the chairman or chair or as a member, director or governor of any of the bodies specified in paragraph 5(1) has been terminated on the grounds—
a
that it was not in the interests of, or conducive to the good management of, that body that they should continue to hold office;
b
that it was not in the interests of the health service that they should continue to hold office;
c
of non-attendance at meetings;
d
of non-disclosure of a pecuniary interest;
e
of misbehaviour, misconduct or failure to carry out the person's duties.
7
A health care professional or other professional person who has at any time been subject to an investigation or proceedings, by any body which regulates or licenses the profession concerned (“the regulatory body”), in connection with the person's fitness to practise or any alleged fraud, the final outcome of which was—
a
the person's suspension from a register held by the regulatory body, where that suspension has not been terminated;
b
the person's erasure from such a register, where the person has not been restored to the register;
c
a decision by the regulatory body which had the effect of preventing the person from practising the profession in question, where that decision has not been superseded; or
d
a decision by the regulatory body which had the effect of imposing conditions on the person's practice of the profession in question, where those conditions have not been lifted.
8
A person who is subject to—
a
b
an order made under section 429(2) of the Insolvency Act 1986 M25 (disabilities on revocation of administration order against an individual).
9
A person who has at any time been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners for England and Wales M26, the Charity Commission, the Charity Commission for Northern Ireland or the High Court, on the grounds of misconduct or mismanagement in the administration of the charity for which the person was responsible, to which the person was privy, or which the person by their conduct contributed to or facilitated.
10
A person who has at any time been removed, or is suspended, from the management or control of any body under—
a
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 M27 (powers of the Court of Session to deal with the management of charities); or
b
section 34(5)(e) or (ea) of the Charities and Trustee Investment (Scotland) Act 2005 M28 (powers of the Court of Session to deal with the management of charities).