Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 2002

JurisdictionUK Non-devolved
CitationSI 2002/2376

2002 No. 2376

HEALTH CARE AND ASSOCIATED PROFESSIONS

The Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 2002

Made 17th September 2002

Laid before Parliament 18th September 2002

Coming into force 10th October 2002

The Secretary of State for Health, in exercise of powers conferred on him by paragraph 6 of Schedule 7 to, and section 38(5) of, the National Health Service Reform and Health Care Professions Act 20021, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 2002 and shall come into force on 10th October 2002.

(2) In these Regulations—

“the Act” means the National Health Service Reform and Health Care Professions Act 2002;

“chairman” means, unless the context otherwise requires, the chairman of the Council;

“licensing body” means any body that licenses or regulates any profession;

“member” in relation to the Council includes the chairman; and

“public body” means a body established by or under any enactment including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

S-2 Disqualification for appointment

Disqualification for appointment

2. A person shall be disqualified for appointment as a member of the Council if he—

(a) 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) for a period of not less than three months without the option of a fine, and which has not been quashed on appeal;

(b) has—

(i) been adjudged bankrupt or had sequestration of his estate awarded unless (in either case) he has been discharged or the bankruptcy order has been annulled or rescinded; or

(ii) made a composition or arrangement with, or granted a trust deed for, his creditors unless he has been discharged in respect of it;

(c) is a person whose tenure of office as the chairman, convener, member or director of any public body has been terminated on the grounds that it was not in the interests, or conducive to the good management, of that body that he should continue to hold that office;

(d) has been subject to any investigation or proceedings concerning his professional conduct by any licensing body anywhere in the world, where the outcome was adverse;

(e) is currently subject to any investigation or proceedings concerning his professional conduct by any licensing body anywhere in the world;

(f) is subject to a disqualification order under the Company Directors Disqualification Act 19862, the Companies (Northern Ireland) Order 19863or to an order made under section 429(2)(b) of the Insolvency Act 19864(failure to pay under county court administration order);

(g) 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 19905(powers of Court of Session to deal with management of charities), from being concerned in the management or control of any body; or

(h) has previously served as a member of the Council for two consecutive terms of office.

S-3 Condition for appointment applicable to all appointments

Condition for appointment applicable to all appointments

3. It is a condition for appointment as a member of the Council that the member shall live or work wholly or mainly in the United Kingdom.

S-4 Condition of appointment applicable to certain appointments

Condition of appointment applicable to certain appointments

4.—(1) Any member of the Council to be appointed under paragraph 4(1)(a) to (c) or (e) of Schedule 7 to the Act shall be a lay person.

(2) For the purposes of paragraph (1) a person is a lay person if he—

(a)

(a) is not a chairman or member of a regulatory body mentioned in section 25(3) of the Act; or

(b)

(b) is not and never has been a member of the professions regulated by the Pharmacy Act 19546, the Pharmacy (Northern Ireland) Order 19767, the Medical Act 19838, the Dentists Act 19849, the Opticians Act 198910, the Osteopaths Act 199311, the Chiropractors Act 199412, the Nursing and Midwifery Order 200113or the Health Professions Order 200114.

S-5 Tenure of members

Tenure of members

5.—(1) Subject to paragraph (3) and regulation 10 (removal from office), the term of office of a member shall be for a period of four years.

(2) A member shall, at the end of his term of office, be eligible for re-appointment.

(3) A member may resign at any time by giving notice in writing to the Council, and to the person or body that appointed him.

(4) Where a member ceases to be a member, the person or body that appointed him shall appoint a member to replace him, and the term of office of that new member shall be for the period specified in paragraph (1).

S-6 Election of chairman

Election of chairman

6. The election of a chairman, after the first chairman of the Council, shall be conducted in accordance with the procedure set out in the Schedule to these Regulations.

S-7 Tenure and removal of chairman

Tenure and removal of chairman

7.—(1) Subject to paragraph (2), the term of office of a chairman shall be for a period of three years.

(2) The chairman shall hold office until—

(a)

(a) he resigns by giving notice in writing to the Council;

(b)

(b) he ceases to be a member of the Council; or

(c)

(c) he is removed from office by a majority vote of the other members of the Council.

(3) A member shall not be prevented from being elected chairman merely because he has previously been chairman.

S-8 Appointment of deputy-chairman

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