The National Health Service Pension Scheme Regulations 2015

Disqualification from appointment as a member

2.—(1) A person is disqualified from appointment as a member of the Board in any of the circumstances set out in sub-paragraph (2).

(2) Those circumstances are if that person—

(a) has a conflict of interest;

(b) has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction;

(c) has at any time been convicted of an offence in the United Kingdom, and—

(i) the final outcome of the proceedings was a sentence of imprisonment or detention; and

(ii) the conviction is not a spent conviction;

(d) 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, the Charity Commission or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity—

(i) for which the person was responsible or to which the person was privy; or

(ii) which the person by the person’s conduct contributed to or facilitated,

from being concerned with the management or control of any body;

(e) has at any time been removed under—

(i) section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(1) (powers of Court of Session to deal with management of charities); or

(ii) section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session),

from being concerned with the management or control of any body;

(f) has at any time been removed from office as the chair, member, convenor or director of any public body on the grounds, in terms, that it was not in the interests of, or conducive to the good management of, that body that the person should continue to hold that office;

(g) at any time has been adjudged bankrupt or sequestration of the person’s estate has been awarded, and—

(i) the person has not been discharged; or

(ii) the person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986(2) (bankruptcy restrictions order and undertaking);

(h) has at any time made a composition or arrangement with, or granted a trust deed for, the person’s creditors and the person has not been discharged in respect of it;

(i) is subject to—

(i) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986(3);

(ii) a disqualification order under Part II of the Companies (Northern Ireland) Order 1986(4);

(iii) a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002(5); or

(iv) an order made under section 429(2) of the Insolvency Act 1986(6) (disabilities on revocation of a county court administration order);

(j) has at any time been convicted of an offence elsewhere than in the United Kingdom and the Secretary of State is satisfied that the person’s presence on the scheme advisory board would be liable to undermine public confidence in the regulation, management or administration of—

(i) this scheme; or

(ii) any statutory pension scheme that is connected with it.

(1)

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

(2)

1986 c.45. Schedule 4A was inserted by section 257(2) of, and Schedule 20 to, the Enterprise Act 2002 (c.40).

(3)

1986 c.46.

(4)

S.I. 1986/1032 (N.I. 6).

(5)

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

(6)

Section 429(2) has been amended by section 269 of, and paragraphs 1 and 15 of Schedule 23 to, the Enterprise Act 2002.