The Health Education and Improvement Wales Regulations 2017

Dismissal from health service body

3.—(1) The person has been dismissed within the period of 5 years immediately preceding the date of the proposed appointment or during their term as a member, otherwise than by reason of redundancy, from paid employment with a health service body.

(2) A person who is disqualified under sub-paragraph (1) may, after the expiry of 2 years from the date of dismissal, apply in writing to the Welsh Ministers to have that disqualification removed.

(3) If the Welsh Ministers refuse a person’s application under sub-paragraph (2), no further application may be made by the person before the expiry of the period of 2 years beginning with the date of the person’s last application.

(4) For the purpose of this paragraph, a person is not to be treated as having been in paid employment by reason only of having been—

(a) in the case of a health service body which is not an NHS trust or an NHS foundation trust (other than a clinical commissioning group), the chairman or a non-officer member of the body;

(b) in the case of an NHS trust, the chairman or a non-executive director of the trust;

(c) in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of the trust; or

(d) in the case of a clinical commissioning group, the chair or a member of the governing body.

(5) In sub-paragraph (4)(a), “non-officer member” means a member of a health service body who is not employed by the body.