Counter Fraud and Security Management Service Regulations 2002
2002 No. 3040
NATIONAL HEALTH SERVICE, ENGLAND
The Counter Fraud and Security Management Service Regulations 2002
Made 10th December 2002
Laid before Parliament 10th December 2002
Coming into force 1st January 2003
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 16 and 126(4) of, and paragraphs 12 and 16 of Schedule 5 to, the National Health Service Act 19771, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement, application and interpretation
1.—(1) These Regulations may be cited as the Counter Fraud and Security Management Service Regulations 2002 and shall come into force on 1st January 2003.
(2) These Regulations apply to England only.
(3) In these Regulations—
“the Act” means the National Health Service Act 1977;
“the CFSMS” means the Counter Fraud and Security Management Service established by the Counter Fraud and Security Management Service (Establishment and Constitution) Order 20022;
“chairman” means, unless the context otherwise requires, the chairman of the CFSMS;
“health service body” means—
(a) a Strategic Health Authority, Special Health Authority, Primary Care Trust or NHS trust;
(b) a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 19783or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act; and
(c) the Dental Practice Board constituted under section 37(1) of the Act;
“member” means a member of the CFSMS other than the chairman;
“non-officer member” means a member who is not an officer of the CFSMS;
“primary care list” means a list either of persons undertaking to provide general medical services, general dental services, general ophthalmic services or, as the case may be, pharmaceutical services prepared pursuant to regulations made under section 29, 36, 39, 42 or 43 of the Act4or a list of persons approved for the purpose of assisting in the provision of any such services prepared pursuant to regulations made under section 43D of the Act5.
Appointment and tenure of office of chairman and non-officer members
2.—(1) The chairman and non-officer members shall be appointed by the Secretary of State.
(2) Subject to regulation 5 (termination of tenure of office), the term of office of the chairman and non-officer members shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
(3) Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
Disqualification for appointment
3.—(1) Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if—
(a)
(a) he has been convicted in the United Kingdom of any offence, or convicted elsewhere for an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has had passed on him a sentence of imprisonment (whether suspended or not) without the option of a fine, and which has not been quashed on appeal;
(b)
(b) he has—
(i) been adjudged bankrupt or had a sequestration of his estate awarded, or
(ii) made a composition or arrangement with, or granted a trust deed for, his creditors;
(c)
(c) he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
(d)
(d) he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that—
(i) it was not in the interests of, or conducive to the good management of, the health service body or of the health service that he should continue to hold that office,
(ii) he failed, without reasonable cause, to attend any meeting of that health service body for a period of three months or more, or
(iii) he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
(e)
(e) he—
(i) is subject to a national disqualification under section 49N of the Act6imposed by the Family Health Services Appeal Authority constituted under section 49S7of the Act,
(ii) is subject to a national disqualification under a decision of the National Health Service Tribunal, which is treated as a national disqualification by virtue of regulation 6 (4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 20018,
(iii) has been refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act9or refused admission to a primary care list, on grounds corresponding to the conditions referred to in section 49F(2),(3) or (4) of the Act10(efficiency cases, fraud cases and unsuitability cases) and has not subsequently been approved or, as the case may be, included in a primary care list,
(iv) is conditionally included in a primary care list under section 43ZA of the Act11,
(v) has been removed from a primary care list under section 49F of the Act, or by a direction of the National Health Service Tribunal and has not subsequently been included in such a list,
(vi) is contingently removed from a primary care list under section 49G of the Act12, or
(vii) is suspended from a primary care list under section 49I of the Act13or is treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001,
and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in Scotland and Northern Ireland;
(f)
(f) he is subject to a disqualification order under the Company Directors Disqualification Act 198614, the Companies (Northern Ireland) Order 198615or to an order made under section 429(2)(b) of the Insolvency Act 198616(failure to pay under county court administration order);
(g)
(g) he has been—
(i) removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated, or
(ii) removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 199017(powers of Court of Session to deal with management of charities), from being concerned in the management or control of any body;
(h)
(h) he is the chairman, chief executive or a non-officer member of—
(i) a Strategic Health Authority,
(ii) a Special Health Authority,
(iii) an NHS trust, or
(iv) a Primary Care Trust.
(2) For the purposes of paragraph (1)(a), the date of conviction shall be 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.
Cessation of disqualification
4.—(1) Where a person is disqualified under regulation 3(1)(b) by reason of having been adjudged bankrupt or having had a sequestration of his estate awarded—
(a)
(a) if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
(b)
(b) if he is discharged, the disqualification shall cease on the date of his discharge.
(2) Where a person is disqualified under regulation 3(1)(b) by reason of his having made a composition or arrangement with, or having granted a trust deed for, his creditors—
(a)
(a) if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
(b)
(b) in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement, or, as the case may be, the terms of the trust deed, are fulfilled.
(3) Subject to paragraph (4), where a person is disqualified under regulation 3(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
(4) Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
(5) Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5.—(1) The chairman or a non-officer member may resign his office at any time during his term of office by giving notice in writing to the Secretary of State.
(2) Where the Secretary of State is of the opinion...
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