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The Office of the Health Professions Adjudicator Regulations 2009

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision with regard to membership of the Office of the Health Professions Adjudicator (“the OHPA”).

Regulation 2 specifies that there is to be one executive member and three non-executive members of the OHPA. This will result in a total of five members as paragraph 4(a) of Schedule 6 to the Health and Social Care Act 2008 (c. 14) contains provision for the appointment of the chair of the OHPA, who will also be a member of the OHPA.

The requirements for the appointment of the members of the OHPA are set out in regulation 3. Requirements 1 and 2 apply only to the chair and non-executive members, requiring that they live or work in the United Kingdom and limiting the total period for which they may serve as members of the OHPA.

Requirements 3 to 12 apply to all persons appointed as members of the OHPA, including executive members. These requirements will, for example, exclude from membership any person who is, or has qualified as, a healthcare professional or who is a member of bodies involved in the regulation of healthcare. There are other exclusions for criminal convictions, bankruptcy, insolvency, having been disqualified from certain positions (such as company director, trustee etc) and certain other conduct.

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