The Common Services Agency (Membership and Procedure) Regulations 1991

PART II MEMBERSHIP

Term of office and remuneration of membership

2.—(1) Subject to the following provisions of these Regulations, the term of office of the members of the Committee shall be for such period not exceeding four years as the Secretary of State shall specify on making the appointment.

(2) At the expiration of his term of office a member shall, subject to regulations 3 and 4 be eligible for re-appointment.

(3) The members to whom remuneration may be paid under paragraph 3A of Schedule 5 to the Act are those members who are not also officers of the Agency, a Board or the Secretary of State.

Resignation and removal of members

3.—(1) A member who desires to resign his membership shall give written intimation of his resignation to the Secretary of State.

(2) If a member has not attended any meeting of the Committee or of any sub-committee of the committee throughout a period of six consecutive months, the Secretary of State shall, unless satisfied that his absence was due to illness or other reasonable cause, declare that his seat on the committee has become vacant and that person shall forthwith cease to be a member.

(3) A member of the Committee being either—

(a) a person who holds any paid appointment or office or other place of profit under a Board or the Secretary of State or the Agency and who is dismissed, removed or resigns from such appointment, office, or other place of profit; or

(b) a person whose name is included in any list prepared under Part II of the Act, and whose name is withdrawn from the list on his own application,

shall, if the Secretary of State so directs, forthwith cease to be a member.

(4) If a member of the Committee, who was at the time of his appointment also a member or officer of the Agency, of any Board or an officer of the Secretary of State, ceases to be such a member or officer he shall forthwith cease to be a member of the Committee.

Disqualification

4.—(1) A person shall be disqualified for being a member of the Committee, if—

(a) he is chairman or a director of an NHS trust; or

(b) he holds any paid appointment or office with a trade union which represents the interests of members who are employed by a health service body; or

(c) he is a member of a fund-holding practice recognised under section 87A of the Act(1); or

(d) he is a person who within the preceding five years has been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(e) he is a person who has held any paid appointment or office or other place of profit under a Board under the Agencv or under the Secretary of State and has been dismissed from such appointment, office, or other place of profit otherwise than by reason of redundancy; or

(f) he is disqualified under section 29 of the Act(2) for inclusion in any list prepared under Part II of the Act; or

(g) he is 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 his creditors:

Provided that—

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

(a) the sequestration of his estate is recalled or reduced; or

(b) the sequestration is discharged;

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

(a) the bankruptcy is annulled; or

(b) he 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—

(a) that appointment is recalled; or

(b) the judicial factor is discharged;

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

(2) The Secretary of State may direct that in relation to any individual person, Health Board or Special Health Board any disqualification so directed shall not apply in relation thereto.

(3) In this regulation “health service body” is any one of the persons and bodies specified in section 17A(2) of the Act(3) and “trade union” has the meaning given in section 28(1) of the Trade Union and Labour Relations Act 1974(4).

(1)

Section 87A was inserted by the 1990 Act, section 34.

(2)

Section 29 was amended by the Health and Social Security Act 1984 (c. 48), Schedule 8.

(3)

Section 17A was inserted by the 1990 Act, section 30.

(4)

1974 c. 52.