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The Wales Centre for Health (Constitution, Membership and Procedures ) Regulations 2004

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Disqualification for appointment

5.  Subject to regulation 6, a person will be disqualified for appointment as a member or a co-opted member if that person—

(a)has, within the preceding five years, been convicted in the United Kingdom of an offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has been sentenced to a period of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine, and which has not been quashed on appeal;

(b)has been adjudged bankrupt or has made a composition or arrangement with creditors;

(c)has been dismissed, (without being reinstated) by reason of misconduct from any paid employment where that dismissal has not been the subject of a finding of unfair or wrongful dismissal by a tribunal or a court;

(d)has had his or her membership as chair, deputy chair, director or member of a health service body terminated, other than by reason of redundancy, voluntary resignation, reorganisation of the organisation, or expiry of the period of office for which that person was appointed;

(e)has been disqualified from being a member of a local authority under sections 17(2)(b) or 18(7) of the Audit Commission Act 1998(1) (members of local authorities who are responsible for incurring or authorising unlawful expenditure or whose wilful misconduct has caused a loss or deficiency);

(f)has been removed—

(i)from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which that person was responsible or to which he or she was privy, or which by his or her conduct that person contributed to or facilitated, or

(ii)under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(2) (powers of the Court of Session to deal with management of charities) from being concerned in the management or control of any body.

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