S T A T U T O R Y I N S T R U M E N T S
2015No. 1479
NATIONAL HEALTH SERVICE, ENGLAND
SOCIAL CARE, ENGLAND
PUBLIC HEALTH, ENGLAND
The Care Quality Commission (Membership) Regulations 2015
7thJuly2015
14thJuly2015
1stSeptember2015
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by section 161(3) and (4) of, and paragraph 3(3) to (5) of Schedule 1 to, the Health and Social Care Act 2008( 1).
Citation, commencement and interpretation
1.-(1) These Regulations may be cited as the Care Quality Commission (Membership) Regulations 2015 and come into force on 1st September 2015.
(2) In these Regulations-
"NHS Act 2006" means the National Health Service Act 2006( 2);
"NHS Body" means-
(a) an English NHS body(
3);(b) the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG)(
4);(c) Monitor(
5);(d) the Wales Centre for Health(
6);(e) a Local Health Board established under
section 11 of the National Health Service (Wales) Act 2006(
7);(f) a National Health Service trust established under
section 18 of the National Health Service (Wales) Act 2006;(g) a Special Health Authority established under
section 22 of the National Health Service (Wales) Act 2006(
8);(h) a Health Board or Special Health Board constituted under
section 2 of the National Health Service (Scotland) Act 1978(
9);(i) the Scottish Dental Practice Board constituted under
section 4 of the National Health Service (Scotland) Act 1978(
10);(j) the Common Services Agency for the Scottish Health Service constituted under
section 10 of the National Health Service (Scotland) Act 1978(
11);(k) Healthcare Improvement Scotland constituted under
section 10A of the National Health Service (Scotland) Act 1978(
12);(l) a National Health Service trust constituted under
section 12A of the National Health Service (Scotland) Act 1978(
13);(m) a special health and social care agency established under article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990(
14);(n) a Health and Social Care trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(
15);(o) the Health and Social Care Regulation and Quality Improvement Authority established under article 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(
16);(p) the Regional Health and Social Care Board established by
section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(
17);(q) the Regional Agency for Public Health and Social Well-Being established by
section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;(r) the Regional Business Services Organisation established under
section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
"performers list" means a list published in accordance with the Performers Lists Regulations;
"Performers Lists Regulations" means the National Health Service (Performers Lists) (England) Regulations 2013( 18);
"pharmaceutical list" means a list published in accordance with regulations made under section 129(2)(a) of the NHS Act 2006( 19).
Members
2. The Commission must have no fewer than 6 and no more than 14 members in addition to the chair.
Tenure of office of non-executive members
3.-(1) Subject to regulation 6, the term of office of a non-executive member is such period, not exceeding four years, as is specified by the Secretary of State at the time of the appointment.
(2) A non-executive member who has ceased to hold office may be reappointed
Disqualification for appointment or from holding office
4. Subject to regulation 5, a person is disqualified from appointment or from holding office as a non-executive member where that person falls within one or more paragraphs of the Schedule.
Cessation of disqualification
5.-(1) A person who is disqualified under paragraph 6 or 15 of the Schedule may, after the expiry of the period of two years beginning with the date of the dismissal or removal, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification ceases to have effect.
(2) Where the Secretary of State refuses an application to remove a disqualification, no further application may be made by that person until the expiry of the period of two years beginning with the date of the application, and this paragraph applies to any subsequent application.
(3) Where a person is disqualified under paragraphs 16 to 21 of the Schedule, the disqualification ceases on the expiry of-
(a) the period of two years beginning with the date of the termination or cessation of, or removal or disqualification from, office referred to in those paragraphs; or(b) such longer period as the Secretary of State specifies when terminating that person's period of office,
but, where application is made to the Secretary of State by that person, the Secretary of State may reduce the period of disqualification.
Termination of tenure of office of non-executive members
6.-(1) A non-executive member may resign at any time by giving notice in writing to the Secretary of State.
(2) Where a non-executive member other than the chair is appointed to be the chair, that member's tenure of office as such a non-executive member terminates when the appointment as chair takes effect.
(3) Paragraph (2) does not apply if-
(a) the appointment as chair is on an interim basis; and(b) the period of the member's term of office as chair falls wholly within the period of the member's term of office as non-executive member other than chair.
(4) A non-executive member's tenure of office ceases upon being notified in writing by the Secretary of State-
(a) that the Secretary of State is satisfied that a condition specified in paragraph 3(3) of
Schedule 1 to the Health and Social Care Act 2008 (conditions for removal of non-executive members) is met in relation to that member; and(b) of the reason why the Secretary of State is so satisfied.
Suspension of non-executive members
7.-(1) Paragraphs (2) to (4) apply where it appears to the Secretary of State in relation to a non-executive member that a condition in paragraph 3(3) of Schedule 1 to the Health and Social Care Act 2008 is or may be met.
(2) The Secretary of State may suspend the non-executive member from office by giving the member notice in writing to that effect.
(3) Such notice must give the reason for, and the period of, the suspension and the date that it is to begin.
(4) Where-
(a) the Secretary of State has suspended a non-executive member under paragraph (2); and(b) the period of the suspension has not expired,
the Secretary of State may, by giving the member notice in writing to that effect, extend, or further extend, the suspension for a further specified period.
(5) A non-executive member must cease to perform that member's functions as a non-executive member for the period of the suspension but the period of that member's term of office is not affected by the suspension.
(6) Where a non-executive member is suspended under this regulation, the Secretary of State may, on application by the suspended member or otherwise, remove a suspension or reduce its period.
(7) Where the Secretary of State removes, or reduces the period of, the suspension under paragraph (6) the Secretary of State must notify the non-executive member in writing to that effect.
Revocation
8. The following Regulations are revoked-
(a) the
Care Quality Commission (Membership) Regulations 2008(
20);(b) the Care Quality Commission (Membership) (Amendment) Regulations 2011(
21); and(c) the Care Quality Commission (Membership) (Amendment) Regulations 2013(
22).
Signed by authority of the Secretary of State for Health. |
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Ben Gummer
Parliamentary Under-Secretary of State,
Department of Health
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7th July 2015 |
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SCHEDULE
Regulation 4
GROUNDS FOR DISQUALIFICATION
1.-(1) The person has within the preceding five years-
(a) been convicted in the United Kingdom of any criminal offence or been convicted elsewhere of any offence which, if committed in any part of the United Kingdom, would constitute a criminal offence; and(b) been sentenced to a sentence of imprisonment (whether suspended or not),and the conviction has not been quashed nor the sentence reduced to a sentence other than a sentence of imprisonment (whether suspended or not) on appeal.
(2) For the purposes of this paragraph, the date of conviction is 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.
2. The person is an undisclosed bankrupt or a person whose estate has had sequestration awarded in respect of it and who has not been discharged.
3. The person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order( 23) or an order to like effect made in Scotland or Northern Ireland.
4. The person is a person to whom a moratorium period under a debt relief order applies under Part 7A of the Insolvency Act 1986( 24) (debt relief orders).
5. The person has made a composition or arrangement with, or granted a trust deed for, creditors and not been discharged in respect of it.
6.-(1) The person has been dismissed (without being re-instated) by reason of misconduct from any paid employment where that dismissal has not been the subject of a finding of unfair dismissal by a tribunal or court.
(2) For the purposes of this paragraph, a person is not to be treated as having been in paid employment by reason only of that person having been-
(a) the chair or non-executive director of an NHS trust;(b) the chair, or a governor or a non-executive director of an NHS foundation trust;(c) in the case of any other NHS body, the chair or a non-officer...
