Regulation 4(1) and (4)
SCHEDULE 1PROCEDURES FOR APPOINTMENT OF CHAIR
1. This Schedule applies to the appointment of the chair of the joint committee.
2. The Welsh Ministers must ensure that appropriate arrangements are in place for the appointment of the chair and that those arrangements take into account –
(a)the principles from time to time laid down by the Commissioner for Public Appointments for Ministerial Appointments to Public Bodies;
(b)the requirement that the appointment be open and transparent;
(c)the requirement of fair and open competition in the appointment; and
(d)the need to ensure that successful candidates meet the eligibility requirements set out in Part 1 of Schedule 2 to these Regulations.
Regulation 5(1),(2) and (3)
SCHEDULE 2ELIGIBILITY REQUIREMENTS
PART 1 Eligibility requirements for chair and officer members
General requirements
1.—(1) This Part of this Schedule applies in relation to the eligibility for appointment of a person as the chair and officer member of the joint committee.
(2) Subject to paragraphs (4), (5), (6) and (8), a person is not eligible for appointment as a chair or officer member if that person—
(a)has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has received a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
(b)is the subject of a bankruptcy restrictions order or an interim order or has made a composition or arrangement with creditors;
(c)has been dismissed, other than by reason of redundancy, from any paid employment with a health service body; or
(d)has had his or her membership as chair, member or director of a health service body terminated, other than by reason of redundancy, voluntary resignation, reorganisation of the health service body, or expiry of the period of office for which that person was appointed.
(3) For the purposes of paragraph (2)(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 its not being prosecuted.
(4) For the purposes of paragraph (2)(c), a person is not to be treated as having been in paid employment by reason only of having held the position of member, associate member or director of a health service body.
(5) Where a person is ineligible by reason of paragraph (2)(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 becomes eligible for appointment as a chair or officer member on the date of the annulment;
(b)if the person is discharged from bankruptcy, that person becomes eligible for appointment as a chair or officer 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 becomes eligible for appointment as a chair or officer member on the date upon which such debts are paid in full; and
(d)having made a composition or arrangement with creditors, that person becomes eligible for appointment as a chair or officer member on the expiry of five years from the date on which the terms of the deed of composition or arrangement were fulfilled.
(6) Subject to paragraph (7), where a person is ineligible by reason of paragraph (2)(c), that person may, after the expiry of two years from the date of dismissal, apply in writing to the Welsh Ministers to remove the ineligibility, and the Welsh Ministers may direct that the ineligibility ceases.
(7) Where the Welsh Ministers refuse an application to remove an ineligibility, 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 applies to any subsequent application.
(8) Where a person is ineligible by reason of paragraph (2)(d), that person becomes eligible for appointment as a chair or officer member on the expiry of two years from the date of termination of membership or such longer period as may have been specified by the body which terminated the membership, but the Welsh Ministers may, on application being made in writing to them by that person, reduce the period of ineligibility.
PART 2 Eligibility requirements for specific categories of officer members
Medical Director of Specialised and Tertiary Services
2. To be eligible for appointment as the medical director in regulation 3(2)(b), a person must be listed in the General Medical Council General Practitioner Register(1) or Specialist Register(2).
Nurse Director of Specialised and Tertiary Services
3. To be eligible for appointment as the nurse director in regulation 3(2)(d), a person must be included on the register maintained by the Nursing and Midwifery Council(3).
The General Practitioner Register is maintained by the General Medical Council under article 10 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250).
The Specialist Register is maintained by the General Medical Council under article 13 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250).
The Nursing and Midwifery Council maintains a register in accordance with Article 5 of the Nursing and Midwifery Council Order 2002 (S.I. 2002/253).