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

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Cessation of disqualification

6.—(1) For the purposes of regulation 5(a), the date of conviction will 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.

(2) For the purposes of regulation 5(c), a person will not be treated as having been in paid employment by reason only of having held the position of chair, deputy chair, director or member of any health service body.

(3) Where a person is disqualified by reason of regulation 5( b) —

(a)if the bankruptcy is annulled on the ground that the person ought not to have been adjudged bankrupt or on the ground that the person’s debts have been paid in full, that person will become eligible for appointment as a member on the date of the annulment;

(b)if the person is discharged from bankruptcy, that person will become eligible for appointment as a member on the date of the discharge;

(c)if, having made a composition or arrangement with creditors, the person’s debts are paid in full, that person will become eligible for appointment as a member on the date upon which such debts are paid in full; and

(d)if, having made a composition or arrangement with creditors, that person will become eligible for appointment as a member on the expiry of five years from the date on which the terms of the deed of composition or arrangement were fulfilled.

(4) Subject to paragraph (5), where a person is ineligible by reason of regulation 5(c), that person may, after the expiry of not less than two years from the date of dismissal from employment, apply in writing to the Assembly to remove the ineligibility, and the Assembly may determine that the ineligibility shall cease.

(5) Where the Assembly refuses an application to remove a disqualification, no further application may be made by that person until the expiry of two years beginning with the date of the application and this paragraph will apply to any subsequent application.

(6) Where a person is disqualified by reason of regulation 5(d), that person will become eligible for appointment as a member on the expiry of two years from the date of the termination of membership or such longer period as may have been specified by the health service body that terminated the membership, but the Assembly may, on application being made in writing to it by that person, reduce the period of disqualification.

(7) Paragraphs (4) to (6) apply to co-opted members as if each reference to the Assembly were a reference to the Centre.

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