Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001

JurisdictionScotland
CitationSSI 2001/303
Year2001

2001 No. 303

SOCIAL CARE

The Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001

Made 7th September 2001

Laid before the Scottish Parliament 10th September 2001

Coming into force 1st October 2001

The Scottish Ministers, in exercise of the powers conferred by section 56 (1)(b) of, and paragraph 7 of Schedule 2 to, the Regulation of Care (Scotland) Act 20011and of all other powers enabling them in that behalf, hereby make the following Regulations:

S-1 Citation, commencement, interpretation and extent

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001 and shall come into force on 1st October 2001.

(2) In these Regulations–

“the Act” means the Regulation of Care (Scotland) Act 2001;

“the Commission” means the Scottish Commission for the Regulation of Care established under section 1 of the Act;

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

“the Council” means the Scottish Social Services Council established under section 43 of the Act;

“governance” means the practice of ensuring that a public or other body complies with its statutory obligations and conducts its operations with due propriety and integrity;

“member” means a member of the Council other than the convener;

“public body” means a body established by or under any enactment; and

“the register” means the register maintained by the Council under section 44 of the Act.

(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 to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

S-2 Appointments

Appointments

2.—(1) The Council shall consist of a convener and such number of members as the Scottish Ministers shall think fit.

(2) The convener and all of the members shall be appointed by the Scottish Ministers and shall, except in the case of persons appointed in accordance with paragraph 4 of Schedule 2 to the Act, be persons appearing to them to have appropriate experience in governance and management.

(3) In making appointments under this regulation, the Scottish Ministers shall ensure that one member of the Council shall be a person who is the convener or a member of the Commission.

S-3 Terms of appointment

Terms of appointment

3.—(1) The convener and members shall each be appointed for a period not exceeding three years.

(2) The period of appointment of the convener and of each member shall be determined by the Scottish Ministers, and may be different in each case.

(3) Subject to paragraph (5), the convener or a member shall, on the termination of any period of appointment, be eligible for appointment or re-appointment (as the case may be) as convener or member in either case for such further period not exceeding three years as the Scottish Ministers may determine.

(4) A member may during any period of appointment be appointed as convener for such period not exceeding three years as the Scottish Ministers may determine, and in such case the terms on which the member was appointed as a member shall cease to apply on the day on which the appointment as convener takes effect.

(5) Except in a case to which paragraph (6) applies, the total duration of separate periods of appointment of any person whether as convener or member shall not exceed six years.

(6) Where a member is appointed as convener, any period of appointment as a member shall be disregarded for the purposes of paragraph (5).

S-4 Disqualification for appointment

Disqualification for appointment

4.—(1) The following persons are disqualified for appointment as convener or member of the Council:–

(a)

(a) a person who within 5 years of the day the appointment would otherwise have taken effect has been convicted whether in the United Kingdom or elsewhere of any offence and has been sentenced to a period of imprisonment (whether or not suspended or deferred) for a period of not less than 3 months without the option of a fine;

(b)

(b) a person whose estate has been sequestrated in Scotland or who has been adjudged bankrupt elsewhere than in Scotland in relation to whose estate a judicial factor has been appointed or who has granted a trust deed for the benefit of the person’s creditors:

Provided that–

(i) the disqualification attaching to a person whose estate has been sequestrated shall cease if and when–

(aa) the sequestration is recalled or reduced; or

(bb) the sequestration is discharged;

(ii) the disqualification attaching to a person by reason of having been adjudged bankrupt shall cease if and when–

(aa) the bankruptcy is annulled; or

(bb) the person is discharged;

(iii) the disqualification attaching to a person in relation to whose estate a judicial factor has been appointed shall cease if and when–

(aa) that appointment is recalled; or

(bb) the judicial factor is discharged; or

(iv) the disqualification attaching to a person who has granted a trust deed shall cease if and when the person pays the creditors in full or on the expiry of 5 years from the date of grant of the deed.

(c) a person who has been dismissed, otherwise than by reason of redundancy, from any paid employment with a public body;

(d) a person whose appointment as chairman, convener, member or director of any public body has been terminated on the ground that–

(i) it was not in the interests of, or conducive to the good management of, that body that the person should continue to hold office;

(ii) the person failed without the consent of that body to attend its meetings for a continuous period of 3 months; or

(iii) the person failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which the person had a pecuniary interest;

(e) a person who is employed by the Council or by any body exercising functions similar to those of the Council under legislation in force in England, Wales or Northern Ireland, or has been so employed but was dismissed otherwise than by reason of redundancy;

(f) any person whose application for registration under Part 3 of the Act, or under legislation of similar effect in force in England, Wales or Northern Ireland, has been refused, or

(i) whose registration has been suspended and the suspension has not been terminated; or

(ii) whose name has been removed from the register, or from a similar register in England, Wales or Northern Ireland, and not restored; and

(g) any person whose registration as a health care professional has been withdrawn or is currently suspended.

(2) For the purposes of paragraph (1)(a)–

(a)

(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; and

(b)

(b) any conviction by or before a court outside the United Kingdom for an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom shall be disregarded.

(3) Subject to paragraph (4), a person who is disqualified under paragraph (1)(c) or (d) may, after the expiry of 2 years beginning on the date on which the person was dismissed or (as the case may be) on which the appointment was terminated, apply in writing to the Scottish Ministers to remove that disqualification, and the Scottish Ministers may direct that that disqualification shall cease.

(4) Where the Scottish Ministers refuse an application under paragraph (3) to remove a disqualification no further application may be made by that person until the expiry of the period of 2 years beginning with the date of the application, and this paragraph shall apply to any subsequent application.

(5) In paragraph (1)(g), a “health care professional” means–

(a)

(a) a registered medical practitioner;

(b)

(b) a registered dentist;

(c)

(c) a registered pharmacist, as defined in section 108(1) of the National Health Service (Scotland) Act 19782;

(d)

(d) an ophthalmic optician, as defined in section 108(1) of the National Health Service (Scotland) Act 1978 but excluding a body corporate enrolled in the list kept under section 9 of the Opticians Act 19893;

(e)

(e) a registered nurse, midwife or health visitor;

(f)

(f) a person who is registered as a member of a profession to which the Professions Supplementary to Medicine Act 19604extends;

(g)

(g) a registered osteopath as defined by section 41 of the Osteopaths Act 19935; or

(h)

(h) a registered chiropractor as defined by section 43 of the Chiropractors Act 19946.

S-5 Resignations

Resignations

5.—(1) The convener or a member of the Council may resign office at any time during a term of office by giving not less than 30 days notice in writing to the Scottish Ministers.

(2) A person who resigns as convener of the Council may, if the Scottish Ministers consent, continue to serve as a member for any part of the period of appointment which remains when the resignation takes effect.

(3) A person who, on resignation as convener, seeks to continue to serve as a member must inform the Scottish Ministers in writing of the wish to do so at the time the resignation as convener is submitted.

S-6 Termination by the Scottish Ministers of tenure of office of convener and members

Termination by the Scottish Ministers of tenure of office of convener and members

6.—(1) The Scottish Ministers–

(a)

(a) shall terminate the appointment of a person as convener or member of the Council where the person becomes disqualified for appointment under regulation 4; and

(b)

(b) may...

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