The Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009

Disqualification for appointment of chair and non-executive directors E+W

15.—(1) Subject to regulation 16 a person is disqualified for appointment as the chair or non-executive director of the Trust if—

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

(b) that person is the subject of a bankruptcy restrictions order or an interim order or has made a composition or arrangement with creditors; or

(c) that person has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body; or

(d) that person is a person whose tenure of office as the chair, member or director or governor of a health service body has been terminated because his or her appointment is not in the interests of the health service or the health service body in question, for non-attendance at meetings or for non-disclosure of a pecuniary interest; or

(e) that person is a chair, member, director or employee of a health service body other than an NHS foundation trust; or

(f) that person is a chair, director or employee of an NHS foundation trust; or

(g) that person is the chair or another member of the Independent Regulator of NHS Foundation Trusts.

(2) For the purposes of paragraph (1)(a) the date of conviction is 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 it not being prosecuted.

(3) For the purposes of paragraph (1)(c) a person will not be treated as having been in paid employment by reason only of his or her being chair, member or director or, in the case of an NHS foundation trust his or her being chair, governor, or non-executive director of, the health service body in question.

(4) A person will not be disqualified by paragraph (1)(e) from being the chair or a non-executive director of the Trust during the period between the date on which it is established and its operational date by virtue of being the chair or a non-executive director of another NHS trust.