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The Scottish Commission for the Regulation of Care (Appointments and Procedure) Regulations 2002

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Disqualification for appointment

4.—(1) The following persons are disqualified for appointment as convener or member of the Commission:–

(a)a person who within 5 years of the day the appointment would otherwise have taken effect has been convicted whether in the United Kingdom or elsewhere of any offence and has been sentenced to a period of imprisonment (whether or not suspended or deferred) for a period of not less than 3 months without the option of a fine;

(b)a person whose estate has been sequestrated in Scotland or who has been adjudged bankrupt elsewhere than in Scotland in relation to whose estate a judicial factor has been appointed or who has granted a trust deed for the benefit of the person’s creditors:

Provided that–

(i)the disqualification attaching to a person whose estate has been sequestrated shall cease if and when–

(aa)the sequestration is recalled or reduced; or

(bb)the sequestration is discharged;

(ii)the disqualification attaching to a person by reason of having been adjudged bankrupt shall cease if and when–

(aa)the bankruptcy is annulled; or

(bb)the person is discharged;

(iii)the disqualification attaching to a person in relation to whose estate a judicial factor has been appointed shall cease if and when–

(aa)that appointment is recalled; or

(bb)the judicial factor is discharged; or

(iv)the disqualification attaching to a person who has granted a trust deed shall cease if and when the person pays the creditors in full or on the expiry of five years from the date of grant of the deed;

(c)a person who has been dismissed, otherwise than by reason of redundancy, from any paid employment with a public body;

(d)a person whose appointment as chairman, convener, member or director of any public body has been terminated on the ground that–

(i)it was not in the interests of, or conducive to the good management of, that body that the person should continue to hold office;

(ii)the person failed without the consent of that body to attend its meetings for a continuous period of 3 months; or

(iii)the person failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which the person had a pecuniary interest;

(e)a person who is employed by the Commission or by any body exercising functions similar to those of the Commission under legislation in force in England, Wales or Northern Ireland, or has been so employed but was dismissed otherwise than by reason of redundancy;

(f)any person–

(i)whose application for registration under–

(aa)section 7 of the Act;

(bb)the 1938 Act;

(cc)the 1968 Act; or

(dd)any legislation of similar effect in force in England, Wales or Northern Ireland;

has been refused; or

(ii)who has–

(aa)provided a care service;

(bb)carried on a nursing home within the meaning of the 1983 Act;

(cc)carried on an establishment within the meaning of the 1968 Act; or

(dd)provided or carried on a similar service, home or establishment under legislation of similar effect in force in England, Wales or Northern Ireland,

whose registration in respect thereof has been cancelled other than at the person’s request; and

(g)any person whose registration as a health care professional has been withdrawn or is currently suspended.

(2) For the purposes of paragraph (1)(a)–

(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; and

(b)any conviction by or before a court outside the United Kingdom for an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom shall be disregarded.

(3) Subject to paragraph (4), a person who is disqualified under paragraph (1)(c) or (d) may, after the expiry of 2 years beginning on the date on which the person was dismissed or (as the case may be) on which the appointment was terminated, apply in writing to the Scottish Ministers to remove that disqualification, and the Scottish Ministers may direct that that disqualification shall cease.

(4) Where the Scottish Ministers refuse an application under paragraph (3) to remove a disqualification no further application may be made by that person until the expiry of the period of 2 years beginning with the date of the application, and this paragraph shall apply to any subsequent application.

(5) In paragraph (1)(g), a “health care professional” means–

(a)a registered medical practitioner;

(b)a registered dentist;

(c)a registered pharmacist, as defined in section 108(1) of the National Health Service (Scotland) Act 1978(1);

(d)an ophthalmic optician, as defined in section 108(1) of the National Health Service (Scotland) Act 1978 but excluding a body corporate enrolled in the list kept under section 9 of the Opticians Act 1989(2);

(e)a registered nurse, midwife or health visitor;

(f)a person who is registered as a member of a profession to which the Professions Supplementary to Medicine Act 1960(3) extends;

(g)a registered osteopath as defined by section 41 of the Osteopaths Act 1993(4); or

(h)a registered chiropractor as defined by section 43 of the Chiropractors Act 1994(5).

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