SCHEDULE 5Individuals disqualified from membership of CCG governing bodies

Regulation 12(6)

1.

A Member of Parliament, Member of the European Parliament or member of the London Assembly.

2.

A member of a local authority in England and Wales or of an equivalent body in Scotland or Northern Ireland.

3.

(1)

An individual who, by arrangement with the CCG, provides it with any service or facility in order to support the CCG in discharging its commissioning functions, or an employee or member (including shareholder) of, or a partner in, a body which does so.

(2)

The services and facilities mentioned in sub-paragraph (1) do not include services commissioned by the CCG in the exercise of its commissioning functions.

(3)

In this paragraph, the “commissioning functions” of a CCG are the functions of the group in arranging for the provision of services as part of the health service.

4.

A person who, within the period of five years immediately preceding the date of the proposed appointment, has been convicted—

(a)

in the United Kingdom of any offence, or

(b)

outside the United Kingdom of an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence in that part,

and, in either case, the final outcome of the proceedings was a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine.

5.

A person who is subject to a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 198633, sections 56A to 56K of the Bankruptcy (Scotland) Act 198534 or Schedule 2A to the Insolvency (Northern Ireland) Order 198935 (which relate to bankruptcy restrictions orders and undertakings).

6.

(1)

A person who, has been dismissed within the period of five years immediately preceding the date of the proposed appointment, otherwise than because of redundancy, from paid employment by any of the following36—

(a)

the Board,

(b)

a CCG,

(c)

a Strategic Health Authority37,

(d)

a Primary Care Trust38,

(e)

an NHS trust39,

(f)

an NHS foundation trust,

(g)

a Special Health Authority40,

(h)

a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006,

(i)

a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 197841,

(j)

a Scottish NHS trust established under section 12A of the National Health Service (Scotland) Act 197842,

(k)

a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 197243,

(l)

the Care Quality Commission established by section 1 of the Health and Social Care Act 200844,

(m)

the Health Protection Agency established by section 1 of the Health Protection Agency Act 200445,

(n)

Monitor46,

(o)

the Wales Centre for Health established by section 2 of the Health (Wales) Act 200347,

(p)

the Common Services Agency for the Scottish Health Service constituted by section 10 of the National Health Service (Scotland) Act 197848,

(q)

Healthcare Improvement Scotland, established by section 10A of the National Health Service (Scotland) Act 197849,

(r)

the Scottish Dental Practice Board constituted under section 4 of the National Health Service (Scotland) Act 197850,

(s)

the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 197251,

(t)

the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 200952,

(u)

the Regional Agency for Public Health and Wellbeing established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009,

(v)

the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009,

(w)

Health and Social Care trusts (formerly known as Health and Social Services trusts), established under the Health and Personal Social Services (Northern Ireland) Order 199153,

(x)

Special health and social care agencies (formerly known as Special health and social services agencies), established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 199054;

(y)

The Patient and Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009; and

(z)

The Health and Social Care Regulation and Quality Improvement Authority (formerly known as The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority), established under the Health and Personal Social Services (Quality Improvement and Regulation) (Northern Ireland) Order 200355.

(2)

For the purposes of sub-paragraph (1), a person is not to be treated as having been in paid employment merely because of being—

(a)

in the case of a body listed in sub-paragraph (1) which is not an NHS trust or an NHS foundation trust, its chairman, or one of its members whom it does not employ;

(b)

in the case of an NHS trust, its chairman or one of its non-executive directors;

(c)

in the case of an NHS foundation trust, its chairman or one of its governors or non-executive directors.

7.

A health care professional (within the meaning of section 14N of the 2006 Act)56 or other professional person who has at any time been subject to an investigation or proceedings, by any body which regulates or licenses the profession concerned (“the regulatory body”), in connection with the person’s fitness to practise or any alleged fraud, the final outcome of which was—

(a)

the person’s suspension from a register held by the regulatory body, where that suspension has not been terminated,

(b)

the person’s erasure from such a register, where the person has not been restored to the register,

(c)

a decision by the regulatory body which had the effect of preventing the person from practising the profession in question, where that decision has not been superseded, or

(d)

a decision by the regulatory body which had the effect of imposing conditions on the person’s practice of the profession in question, where those conditions have not been lifted.

8.

A person who is subject to—

(a)

a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 198657 or the Company Directors Disqualification (Northern Ireland) Order 200258, or

(b)

an order made under section 429(2) of the Insolvency Act 198659 (disabilities on revocation of administration order against an individual).

9.

A person who has at any time been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners for England and Wales60, the Charity Commission, the Charity Commission for Northern Ireland or the High Court, on the grounds of misconduct or mismanagement in the administration of the charity for which the person was responsible, to which the person was privy, or which the person by their conduct contributed to or facilitated.

10.

A person who has at any time been removed, or is suspended, from the management or control of any body under—

(a)

section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 199061 (powers of the Court of Session to deal with the management of charities), or

(b)

section 34(5)(e) or (ea) of the Charities and Trustee Investment (Scotland) Act 200562 (powers of the Court of Session to deal with the management of charities).