Regulation 6
(1) Subject to paragraph (4), (5) and (7), a person shall not be eligible for appointment as a member if that person —
(a)has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has received a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
(b)has been adjudged bankrupt or has made a composition or arrangement with creditors;
(c)has been dismissed, other than by reason of redundancy, from any paid employment with a health service body;
(d)has had his or her membership as chair, member or director of a health service body terminated, other than by reason of redundancy, voluntary resignation, reorganisation of the health service body, or expiry of the period of office for which that person was appointed;
(e)(except in the case of an associate member) is a chair or a director of an NHS Trust.
(2) For the purposes of paragraph (1) (a) the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
(3) For the purposes of paragraph (1) (c), a person shall not be treated as having been in paid employment by reason only of having held the position of chair, member or director of a health service body.
(4) Where a person is ineligible by reason of paragraph (1) (b) —
(a) if the bankruptcy is annulled on the ground that the person ought not to have been adjudged bankrupt or on the ground that the person’s debts have been paid in full, that person shall become eligible for appointment as a member on the date of the annulment;
(b)if the person is discharged from bankruptcy, that person shall become eligible for appointment as a member on the date of the discharge;
(c)if, having made a composition or arrangement with creditors, the person’s debts are paid in full, that person shall become eligible for appointment as a member on the date upon which such debts are paid in full; and
(d)if, having made a composition or arrangement with creditors, that person shall become eligible for appointment as a member on the expiry of five years from the date on which the terms of the deed of composition or arrangement were fulfilled.
(5) Subject to paragraph (6), where a person is ineligible by reason of paragraph (1) (c), that person may, after the expiry of two years from the date of dismissal, apply in writing to the Assembly to remove the ineligibility, and the Assembly may direct that the ineligibility shall cease.
(6) Where the Assembly refuses an application to remove an ineligibility, no further application may be made by that person until the expiry of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
(7) Where a person is ineligible by reason of paragraph (1) (d), that person shall become eligible for appointment as a member on the expiry of two years from the date of termination of membership or such longer period as may have been specified by the authority which terminated the membership, but the Assembly may, on application being made in writing to it by that person, reduce the period of ineligibility.
(8) To be eligible for appointment as the medical officer, a person must be a member of a healthcare profession who is included on the appropriate register maintained by the professional body responsible for registering members of that person’s profession.
(9) To be eligible for appointment as the nurse officer, a person must be included on the register maintained by the Nurses and Midwives Council.
(10) To be eligible for appointment as a general medical practitioner member, a person must fulfil the requirements of paragraph (18) and must be a general medical practitioner who is included in the register of general medical practitioners maintained by the General Medical Council, or have retired from such register during the period of twelve months immediately preceding the date upon which that person’s application is submitted to the Board.
(11) To be eligible for appointment as the dental practitioner member, a person must satisfy the requirements of paragraph (18) and must be included on the register maintained by the General Dental Council, or have retired from such register during the period of twelve months immediately preceding the date upon which that person’s application is submitted to the Board.
(12) To be eligible for appointment as the nursing midwifery and health visiting member, a person must satisfy the requirements of paragraph (18) and must be included on the register maintained by the Nurses and Midwives Council, or have retired from such register during the period of twelve months immediately preceding the date upon which that person’s application is submitted to the Board.
(13) To be eligible for appointment as the optometrist member, a person must satisfy the requirements of paragraph (18) and must be included on the register maintained by the General Optical Council or have retired from such register during the period of twelve months immediately preceding the date upon which that person’s application is submitted to the Board.
(14) To be eligible for appointment as the pharmacy member, a person must satisfy the requirements of paragraph (18) and must be included on the register maintained by the Royal Pharmaceutical Society of Great Britain or have retired from such register during the period of twelve months immediately preceding the date upon which that person’s application is submitted to the Board.
(15) To be eligible for appointment as the therapy member, a person must —
(a)satisfy the requirements of paragraph (18); and
(b)must be a member of one of the following professions —
Arts Therapists
Drama Therapists
Music Therapists
Chiropodists/Podiatrists
Dieticians
Occupational Therapists
Orthoptists
Physiotherapists
Speech & Language Therapists,
or have retired from practising in such a profession during the period of twelve months immediately preceding the date upon which that person’s application is submitted to the Board.
(16) To be eligible for appointment as the public health specialist a person must be employed by the National Public Health Serviceupon the date on which that person’s application is submitted to that Board.
(17) Of the four associate members —
(a)one must be a member or officer of a Community Health Council which is responsible for a Board’s area or a part of that area;
(b)one must be the chair, a member or officer of an NHS Trust Board;
(c)one must be a consultant medical practitioner employed by an NHS Trust or other health service body; and
(d)one must be a full-time official or a local accredited representative of a trade union which is affiliated to the Trades Union Congress and which represents persons employed in the health service in Wales.
(18) In order to be eligible to be appointed as a —
(a)general medical practitioner member;
(b)dental practitioner member;
(c)pharmacist member;
(d)optometrist member;
(e)nursing midwifery and health visiting member; or
(f)therapy member,
a person must have been concerned in the provision of care to members of the public in the Board’s area for an average of at least one day per week, or have retired from doing so, during the period of twelve months immediately preceding the date of that person’s application.