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

Publication Date:January 01, 2002

2002No. 2376

HEALTH CARE AND ASSOCIATED PROFESSIONS

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

17thSeptember2002

18thSeptember2002

10thOctober2002

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 2002( 1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

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.

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of his estate awarded unless (in either case) he has been discharged or the bankruptcy order has been annulled or rescinded; or(ii) made a composition or arrangement with, or granted a trust deed for, his creditors unless he has been discharged in respect of it;(c) is a person whose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 1986( 2) , the Companies (Northern Ireland) Order 1986( 3) or to an order made under section 429(2)(b) of the Insolvency Act 1986( 4) (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 1990( 5) (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.

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.

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) is not a chairman or member of a regulatory body mentioned in section 25(3) of the Act; or(b) is not and never has been a member of the professions regulated by the Pharmacy Act 1954( 6) , the Pharmacy (Northern Ireland) Order 1976( 7), the Medical Act 1983( 8), the Dentists Act 1984( 9), the Opticians Act 1989( 10), the Osteopaths Act 1993( 11), the Chiropractors Act 1994( 12), the Nursing and Midwifery Order 2001( 13) or the Health Professions Order 2001( 14).

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...

To continue reading

Request your trial