Disqualification8.

(1)

A person to whom paragraph (2) applies is disqualified from being a member of an integration joint monitoring committee.

(2)

This paragraph applies to—

(a)

a person who has within the period of five years immediately preceding the proposed date of appointment been convicted of any criminal offence in respect of which the person 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)

a person who has been removed or dismissed, for disciplinary reasons, from any paid employment or office with a Health Board or local authority;

(c)

a person who is insolvent;

(d)

a person who has been removed from a register maintained by a regulatory body other than where the removal was voluntary; and

(e)

a person who has been subject to a sanction under section 19 of the Ethical Standards in Public Life etc. (Scotland) Act 20005.

(3)

For the purposes of paragraph (2)(a) the date of conviction shall be deemed to be the date on which the days of appeal expire without any appeal having been lodged, or if an appeal has been made, the date on which the appeal is finally disposed of or treated as having been abandoned.

(4)

In this article—

(a)

a person is “insolvent” if—

(i)

the person’s estate is sequestrated;

(ii)

the person is adjudged bankrupt;

(iii)

the person enters a trust deed for creditors;

(iv)

an individual voluntary arrangement proposed by the person is approved under Part 8 of the Insolvency Act 19866;

(v)

the person enters into a debt payment programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 20027 as the debtor;

(vi)

a bankruptcy restrictions order has been made under section 56A(1) of the Bankruptcy (Scotland) Act 19858 or section 281A of , and Schedule 4A to, the Insolvency Act 19869 in respect of the person; or

(vii)

the person has given a bankruptcy restrictions undertaking under section 56G(1) of the Bankruptcy (Scotland) Act 1985 or section 281A of, and Schedule 4A to, the Insolvency Act 198610;

(b)

the term “regulatory body” means any of the following—

(i)

the Registrar of Chiropractors;

(ii)

the registrar of the General Dental Council;

(iii)

the registrar of the General Medical Council;

(iv)

the registrar of the General Optical Council;

(v)

the Registrar of the General Pharmaceutical Council;

(vi)

the Registrar of the Health and Care Professions Council;

(vii)

the Registrar of F1the Nursing and Midwifery Council;

(viii)

the Registrar of Osteopaths; or

(ix)

the Scottish Social Services Council;

(c)

a “voluntary” removal from a register maintained by a regulatory body includes removal by reason of retirement or otherwise ceasing to practice as a regulated professional.