2006 No. 640
NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) (Amendment) Regulations 2006

Made
Laid before Parliament
Coming into force
The Secretary of State for Health in relation to England, and the National Assembly for Wales in relation to Wales, make the following Regulations in exercise of the powers conferred by section 126(4) of, and paragraph 12 of Schedule 5 to, the National Health Service Act 19771 and now vested in them:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) (Amendment) Regulations 2006 and shall come into force on 1st April 2006.

(2)

In these Regulations “the principal Regulations” means the NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) Regulations 20052.

Amendment of regulation 1 of the principal Regulations2.

In regulation 1(2) of the principal Regulations (citation, commencement and interpretation), at the appropriate alphabetical place, insert—

““sentence of imprisonment” does not include a committal—

(a)

in default of payment of any sum of money,

(b)

for want of sufficient distress to satisfy any sum of money, or

(c)

for failure to do or abstain from doing anything required to be done or left undone;”.

Amendment of regulation 2 of the principal Regulations3.

In regulation 2 of the principal Regulations (appointment and tenure of office of chairman and members), after paragraph (4) insert—

“(4A)

Where for any period the chief executive is suspended from his duties as a chief executive of the Authority—

(a)

he shall also be suspended for that period from performing his functions as a member, and

(b)

any person appointed to act in his place as chief executive shall also be appointed to perform his functions as a member of the Authority for that period.”.

Amendment of regulation 3 of the principal Regulations4.

In regulation 3(1) of the principal Regulations (disqualification for appointment), for paragraph (a) substitute—

“(a)

he has, within the preceding five years—

(i)

been convicted in the United Kingdom of any offence or been convicted elsewhere of any offence which, if committed in any part of the United Kingdom would constitute a criminal offence; and

(ii)

been sentenced to a sentence of imprisonment (whether suspended or not); and

(iii)

neither the conviction has been quashed nor the sentence reduced to a sentence other than a sentence of imprisonment (whether suspended or not) on appeal.”.

Amendment of regulation 4 of the principal Regulations5.

In regulation 4(1) of the principal Regulations (cessation of disqualification) omit “(i) or (iii)”.

Signed by authority of the Secretary of State for Health

Rosie Winterton
Minister of State,
Department of Health
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19983
D. Elis-Thomas
The Presiding Officer of the National Assembly, National Assembly for Wales
(This note is not part of the Regulations)

These Regulations amend the NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) Regulations 2005 S.I. 2005/2531 (“the principal Regulations”). The principal Regulations make provision concerning the membership and procedure of NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) (“the Authority”), a Special Health Authority established under the National Health Service Act 1977 by the NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) (Establishment and Constitution) Order 2005 S.I. 2005/2529.

Regulation 2 amends regulation 1 of the principal Regulations to insert a definition of “sentence of imprisonment”.

Regulation 3 amends regulation 2 of the principal Regulations to provide that where a person is suspended from his appointment as the chief executive of the Authority he is also suspended from performing his duties as a member of the Authority.

Regulation 4 amends regulation 3 of the principal Regulations to provide that a person is disqualified for appointment as the chairman or as a non-officer member of the Authority if he has within the previous 5 years been convicted of an offence in any jurisdiction which if committed in the United Kingdom would constitute a criminal offence and he has received a sentence for that offence of a period of imprisonment (whether suspended or not), and the conviction has not been quashed or the sentence reduced to a sentence other than a sentence of imprisonment (whether suspended or not), on appeal.

Regulation 5 amends regulation 4 of the principal Regulations to apply the easement to disqualifications under regulation 3(1)(g)(i) and (iii) of the principal Regulations to persons who fall within regulation 3(1)(g)(ii) of the principal Regulations.