National Institute for Clinical Excellence Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/260 |
| Year | 1999 |
1999 No. 260
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
The National Institute for Clinical Excellence Regulations 1999
Made 4th February 1999
Laid before Parliament 5th February 1999
Coming into force 26th February 1999
The Secretary of State for Health, in exercise of powers conferred on him by sections 16(2) and 126(4) of, and paragraphs 10, 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:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the National Institute for Clinical Excellence Regulations 1999 and shall come into force on 26th February 1999.
(2) In these Regulations–
“the Act” means the National Health Service Act 1997;
“the Institute” means the National Institute for Clinical Excellence established by the Order;
“chairman” means the chairman of the Institute;
“health service body” shall be construed in accordance with section 4 of the National Health Service and Community Care Act 19902;
“member” means a member of the Institute 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 Institute;
“the Order” means the National Institute for Clinical Excellence (Establishment and Constitution) Order 19993.
(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.
Appointment of Chairman and Members
2.—(1) The chairman and non-officer members shall be appointed by the Secretary of State.
(2) Subject to regulation 8 (termination of tenure of office), the term of office of the chairman and of non-officer members shall be such period, not exceeding five years, as the Secretary of State shall specify on making the appointment.
(3) Subject to regulation 5 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
Appointment of Vice-Chairman
3.—(1) Subject to paragraph (2), the chairman and members may appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
(2) Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
(3) Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence from England and Wales or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of Chief Officers
4.—(1) The Institute shall appoint four officers who should include a chief officer, a chief finance officer and a clinical director.
(2) The appointment of the chief officer shall be subject to the approval of the Secretary of State.
Disqualification for Appointment
5.—(1) Subject to regulation 6 (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 three months; or
(e)
(e) he has had his name removed, 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.
Cessation of Disqualification
6.—(1) Where a person is disqualified under regulation 5(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 5(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 are fulfilled.
Termination and Suspension of Tenure of Office of Officer Members
7.—(1) An officer member shall cease to hold office as a member where he ceases to hold one of the offices in the Institute specified in article 4(c) of the Order.
(2) If an officer member is suspended from his post in the Institute he shall be suspended from performing his functions as a member during the period of his suspension.
Termination of Tenure of Office of Chairman and Non-Officer Members
8.—(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 Institute 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 the chairman or a non-officer member fails to attend any meeting of the Institute for a period of three 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 Institute 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 5, the Secretary of State shall forthwith notify him in writing of...
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