4.—(1) Subject to paragraphs (2) and (3) a person shall be disqualified for appointment as the chairperson or a trustee of a NHS trust if–
(a)they have within the period of five years immediately preceding the proposed date of appointment been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence in respect of which they have 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)their estate has been sequestrated in Scotland or they have otherwise been made or become bankrupt elsewhere than in Scotland, they have granted a trust deed for the benefit of their creditors, or entered into any arrangement with their creditors, or a curator bonis or judicial factor has been appointed over their affairs;
(c)they have resigned or been removed or dismissed, otherwise than by reason of redundancy, from any paid employment or office with a health service body;
(d)they are a person whose appointment as the chairperson, member or director of a health service body has been terminated other than by the expiration of their term of office; or
(e)they are a chairperson, member, director or employee of a health service body;
(f)they are a general medical practitioner, who is providing general medical services in accordance with arrangements made under section 19 of the Act(1) or personal medical services in accordance with an agreement made under section 17C of the Act(2), or general dental practitioner, who is providing general dental services in accordance with arrangements made under section 25 of the Act, or an employee of either of those;
(g)they are a general medical practitioner or general dental practitioner, who is providing personal medical services or, as the case may be, personal dental services, under a pilot scheme entered into pursuant to Part I of the National Health Service (Primary Care) Act 1997(3), or an employee of either of those;
(h)they have had their name removed, by a direction under section 29 of the Act(4) from any list prepared under Part II of the Act and have not subsequently had their name included in such a list;
(i)they are a person whose name has been included in any list prepared under Part II of the Act, and whose name has been withdrawn from the list on their own application;
(j)they are a general medical practitioner, who is providing general medical services in accordance with arrangements made under section 29 of the 1977 Act(5) or general dental practitioner, who is providing general dental services in accordance with arrangements made under section 35 of the 1977 Act(6), or an employee of either of those;
(k)they have had their name removed, by a direction under section 46 of the 1977 Act(7) from any list prepared under Part II of the 1977 Act and have not subsequently had their name included in such a list;
(l)they are a person whose name has been included in any list prepared under Part II of the 1977 Act, and whose name has been withdrawn from the list on their own application;
(m)they are a person who is subject to a disqualification order under the Company Directors Disqualification Act 1986(8); or
(n)they are a person who has been removed from the position of trustee of a charity, whether by the court or by the Charity Commissioners.
(2) For the purpose of paragraph (1)–
(a)the disqualification attaching to a person whose estate has been sequestrated shall cease if and when–
(i)the sequestration of their estate is recalled or reduced; or
(ii)the sequestration is discharged;
(b)the disqualification attaching to a person by reason of their having been adjudged bankrupt shall cease if and when–
(i)the bankruptcy is annulled; or
(ii)they are discharged;
(c)the disqualification attaching to a person in relation to whose estate a judicial factor has been appointed shall cease if and when–
(a)that appointment is recalled; or
(b)the judicial factor is discharged;
(d)the disqualification attaching to a person who has granted a trust deed or entered into an arrangement with their creditors shall cease if and when that person pays their creditors in full or on the expiry of five years from the date of their granting the deed or entering into the arrangement.
(3) The Scottish Ministers may direct that in relation to any individual person or NHS trust any disqualification so directed shall not apply in relation thereto.
(4) For the purposes of paragraph (1)(a) the date of conviction shall be deemed to be the date on which the days of appeal expire without any appeal having been lodged, or if an appeal has been made, the date on which the appeal is finally disposed of or treated as having been abandoned.
Section 19 was amended by the Health Services Act 1980 (c. 53), section 7, the 1983 Act, section 14(2), the Health and Medicines Act 1988 (c. 49), section 17(1) and Schedule 7, paragraph 2, the 1990 Act, section 37, the Medical (Professional Performance) Act 1995 (c. 51) (“the 1995 Act”), Schedule and the 1997 Act, Schedule 2.
Section 17C was inserted by the 1997 Act, section 21.
Section 29 was amended by the Health and Social Security Act 1984 (c. 48), Schedule 8 and by the National Health Service (Amendment) Act 1995 (c. 31), section 7 and the Schedule.
Section 29 of the 1977 Act was amended by Health Authorities Act 1995 (c. 17), Schedule 1, the 1995 Act, Schedule and the 1997 Act, Schedule 2, paragraph 71.
Section 35 was amended by the Health Authorities Act 1995 (c. 17), Schedule 1 and the 1997 Act, Schedule 2, paragraph 72.
Section 46 was amended by the Health Authorities Act 1995 (c. 17), Schedule 1 and the National Health Service (Amendment) Act 1995 (c. 31), sections 1, 2 and 3.