Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003
| Jurisdiction | UK Non-devolved |
2003 No. 506
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003
Made 5th March 2003
Laid before Parliament 6th March 2003
Coming into force 1st April 2003
The Secretary of State for Health in respect of England, and the National Assembly for Wales in respect of Wales, acting in exercise of powers conferred by section 126(4) of, and paragraphs 12 and 16 of Schedule 5 to, the National Health Service Act 19771and now vested in them, and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003 and shall come into force on 1st April 2003.
(2) In these Regulations—
“the Act” means the National Health Service Act 1977;
“the Agency” means the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) established by the Order;
“appropriate authority” means—
(a) in relation to England, the Secretary of State for Health, and
(b) in relation to Wales, the National Assembly for Wales;
“the chairman” means, unless the context otherwise requires, the chairman of the Agency;
“health service body” means any of the following, namely,—
(a) a Strategic Health Authority,
(b) a Health Authority,
(c) a Special Health Authority,
(d) a health board constituted under section 2 of the National Health Service (Scotland) Act 1978,
(e) a Primary Care Trust,
(f) a Local Health Board,
(g) the Common Services Agency for the Scottish Health Service,
(h) an NHS trust, including such a trust established under the National Health Service (Scotland) Act 19782,
(i) the Commission for Health Improvement,
(j) the Dental Practice Board or the Scottish Dental Practice Board,
(k) the Public Health Laboratory Service Board,
(l) the Secretary of State,
(m) the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972,
(n) a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990,
(o) a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972,
(p) a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991, and
(q) the Department of Health, Social Services and Public Safety for Northern Ireland;
“member” means a member of the Agency other than the chairman;
“non-officer member” means a member who is not an officer of the Agency;
“the NRPB” means the National Radiological Protection Board established under the Radiological Protection Act 19703;
“the Order” means the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 20034;
“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 Act5or 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 Act6.
Appointment and tenure of office of chairman and members
2.—(1) Subject to paragraph (2), the chairman and non-officer members shall be appointed by the Secretary of State.
(2) One non-officer member shall be appointed by the National Assembly for Wales.
(3) 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 five years, as is specified when the appointment is made by the Secretary of State or, as the case may be, the National Assembly for Wales.
(4) Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of that office, be eligible for re-appointment.
(5) The chairman and the non-officer members shall appoint the members who are officers of the Agency.
(6) Regulation 4(3) to (5) and regulation 5 apply to the non-officer member appointed by the National Assembly for Wales as if each reference to the Secretary of State were a reference to the National Assembly for Wales.
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, within the preceding five years, been convicted in the United Kingdom of any offence or convicted elsewhere 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 has been sentenced to a period 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)
(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—
(i) a health service body, or
(ii) the NRPB;
(d)
(d) he is a person whose tenure of office as the chairman or as a member or director of a health service body or the NRPB 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, the NRPB or 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 or, as the case may be, the NRPB, 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 Act7imposed by the Family Health Services Appeal Authority constituted under section 49S8of 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 20019,
(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 Act10or refused admission to a primary care list, on grounds corresponding to the conditions referred to in section 49F(2), (3), or (4) of the Act11(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 Act12,
(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 Act13, or
(vii) is suspended from a primary care list under section 49I of the Act14or is treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 200115,
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 198616, the Companies (Northern Ireland) Order 198617or to an order made under section 429(2)(b) of the Insolvency Act 198618(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 199019(powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body; or
(h)
(h) he holds any paid appointment or office (which includes being the chairman, chief executive or a non-officer member) with—
(i) a Strategic Health Authority,
(ii) a Local Health Board,
(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.
(3) For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a member or director of a health service body or the NRPB.
Cessation of disqualification
4.—(1) Where a person is disqualified under regulation 3(1)(b)(i) 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 that person ought not to have been adjudged bankrupt or on the ground that the...
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