National Health Service Litigation Authority Regulations 1995

JurisdictionUK Non-devolved
CitationSI 1995/2801

1995 No. 2801

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service Litigation Authority Regulations 1995

Made 27th October 1995

Laid before Parliament 30th October 1995

Coming into force 20th November 1995

The Secretary of State for Health, in exercise of powers conferred on him by sections 16 and 126(4) of, and paragraphs 12 and 16 of Schedule 5 to, the National Health Service Act 19771and 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 National Health Service Litigation Authority Regulations 1995 and shall come into force on 20th November 1995.

(2) In these Regulations—

“the Act” means the National Health Service Act 1977;

“the Authority” means the National Health Service Litigation Authority established by the Order;

“chairman” means the chairman of the Authority;

“health service body” means a Regional Health Authority, a District Health Authority, a Family Health Services Authority, a Special Health Authority, the Dental Practice Board or an NHS trust;

“member” means a member of the Authority other than the chairman;

“non-officer member” and “officer member” mean, respectively, a member who is not, and one who is, an officer of the Authority;

“the Order” means the National Health Service Litigation Authority (Establishment and Constitution) Order 19952.

(3) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

S-2 Appointment of chairman and members

Appointment of chairman and members

2. The chairman and non-officer members shall be appointed by the Secretary of State.

S-3 Tenure of office

Tenure of office

3. Subject to regulations 5 and 7, the term of office of the chairman and of non-officer members shall be for such a period, not exceeding five years, as the Secretary of State shall specify on making the appointment.

S-4 Termination and suspension of tenure of office of officer members

Termination and suspension of tenure of office of officer members

4.—(1) An officer member shall cease to hold office as a member where he ceases to hold one of the offices in the Authority specified in article 4(c) of the Order.

(2) If an officer member is suspended from his post in the Authority he shall be suspended from performing his functions as a member during the period of his suspension.

S-5 Termination of tenure of office

Termination of tenure of office

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 during his term of office a non-officer member is appointed to be the chairman, his tenure of office as a non-officer member shall terminate when his appointment as chairman takes effect.

(3) Where the Secretary of State is of the opinion that it is not in the interests of the Authority or of the health service that the chairman or a non-officer member should continue to hold that office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.

(4) If a chairman or a non-officer member fails to attend any meeting of the Authority for a period of six months the Secretary of State shall forthwith terminate that person’s tenure of office unless he is satisfied that—

(a)

(a) the absence was due to a reasonable cause; and

(b)

(b) the person in question will be able to attend meetings of the Authority within such a period as the Secretary of State considers reasonable.

(5) Where a person has been appointed to be the chairman or a non-officer member, and—

(a)

(a) he becomes disqualified for appointment under regulation 7, the Secretary of State shall forthwith notify him in writing of such disqualification; or

(b)

(b) it comes to the notice of the Secretary of State that at the time of his appointment he was so disqualified, he shall forthwith declare that the person in question was not duly appointed and shall so notify him in writing;

and, upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or member.

(6) If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 14 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.

S-6 Eligibility for re-appointment

Eligibility for re-appointment

6. Subject to regulation 7 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.

S-7 Disqualification for appointment

Disqualification for appointment

7.—(1) Subject to regulation 8 (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, the Channel Islands or the Isle of Man of any offence and 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;

(b)

(b) he has been adjudged bankrupt or has made a composition or arrangement with 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 the health service body or of the health service that he should continue to hold that office, or

(ii) he failed, without reasonable cause, to attend any meeting of that health service body for a period of six months;

(e)

(e) he is the chairman or a director of an NHS trust; or

(f)

(f) he has had his name removeed, by a direction under section 46 of the Act, from any list prepared under Part II of the Act, and has not subsequently had his name included in such a list.

(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.

S-8 Cessation of disqualification

Cessation of disqualification

8.—(1) Where a person is disqualified under regulation 7(1)(b) by reason of having been adjudged bankrupt—

(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 7(1)(b) by reason of his having made a composition or arrangement with 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...

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