The Health Research Authority (Amendment) Regulations 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/1108 |
2012 No. 1108
National Health Service, England
The Health Research Authority (Amendment) Regulations 2012
Made 17th April 2012
Laid before Parliament 23th April 2012
Coming into force 28th May 2012
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by section 272(7) and (8) of, and paragraphs 5 and 13 of Schedule 6 to, the National Health Service Act 20061.
Citation and commencement
1. These Regulations may be cited as the Health Research Authority (Amendment) Regulations 2012 and come into force on 28th May 2012.
Amendments of the Health Research Authority Regulations 2011
2.—(1) The Health Research Authority Regulations 20112are amended as follows.
(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2)—
(a)
(a) omit the definitions of “chief officer” and “member”;
(b)
(b) after the definition of “the Authority” insert—
““the chair” means the chairman of the Authority;
“final outcome”, in relation to any proceedings where there are rights of appeal, means the outcome of proceedings—
(a) once the period for bringing an appeal has expired without an appeal being brought; or
(b) if an appeal is brought in accordance with those rights, once those rights have been exhausted;
“health service body” means—
(a) a Strategic Health Authority, a Special Health Authority, a Primary Care Trust, an NHS trust, a Local Health Board or an NHS foundation trust3;
(b) a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 19784;
(c) the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service, Healthcare Improvement Scotland or an NHS trust constituted under, respectively, sections 4, 10, 10A or 12A of the National Health Service (Scotland) Act 19785;
(d) the Care Quality Commission6;
(e) the Health Protection Agency7;
(f) the Independent Regulator of NHS Foundation Trusts8;
(g) the Secretary of State;
(h) the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 19729;
(i) a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 199010;
(j) a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972;
(k) a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 199111; and
(l) the Department of Health, Social Services and Public Safety for Northern Ireland;
“member”, except in regulation 2A(1)(d), (2) and (3), means a member of the Authority, including the chair;
“non-officer member”, except in regulation 2A(2)(a), means a member who is not an officer of the Authority; and
“primary care list” means—
(a) a list referred to in section 159(1)(a) to (e) of the Act12;
(b) a list of persons undertaking to provide general medical services or general dental services prepared in accordance with regulations under section 29 or 36 of the National Health Service Act 197713as the list existed on or before 31st March 2004;
(c) a list of persons approved for the purposes of assisting in the provision of general medical services or general dental services prepared in accordance with regulations under section 43D(1) of the National Health Service Act 197714as the list existed on or before 31st March 2004; or
(d) a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 199715as the list existed on or before 31st March 2004.”.
(3) For regulation 2 (appointment of members), substitute the following—
“Appointment and tenure of office of members
2.—(1) The non-officer members must be appointed by the Secretary of State.
(2) Subject to regulation 2C, the term of appointment of a non-officer member must be such period, not exceeding four years, as the Secretary of State specifies on making the appointment.
(3) Subject to regulation 2A, a non-officer member is, on the termination of his appointment, eligible for re-appointment as a non-officer member.
(4) The non-officer members, with the agreement of the Secretary of State, must appoint the member who is to be the chief executive of the Authority.
(5) The non-officer members and the chief executive must appoint the other members who are officers of the Authority.”.
(4) After regulation 2 insert—
“Disqualification for appointment
2A.—(1) Subject to regulation 2B, a person is disqualified for appointment as a non-officer member if—
(a)
(a) that person has, within the period of five years immediately preceding the date of the proposed appointment, been convicted—
(i) in the United Kingdom of any offence, or
(ii) outside of the United Kingdom of any offence which, if committed in any part of the United Kingdom, would constitute a criminal offence in that part, and
in either case, the final outcome of the proceedings was 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) that person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 198616, Schedule 2A to the Insolvency (Northern Ireland) Order 198917or sections 56A to 56K of the Bankruptcy (Scotland) Act 198518(which relate to bankruptcy restrictions orders and undertakings);
(c)
(c) that person has been dismissed within the period of five years immediately preceding the date of the proposed appointment, otherwise than by reason of redundancy, from any paid employment with a health service body;
(d)
(d) that person is a person whose term of appointment as the chairman, a member, a director or a governor of a health service body has been terminated on the grounds—
(i) that it was not in the interests of, or conducive to the good management of, the health service body or of the health service that the person should continue to hold that office,
(ii) that the person failed, without reasonable cause, to attend any meeting of that health service body for three successive meetings,
(iii) that the person failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which that person had a pecuniary interest, or
(iv) of misbehaviour, misconduct or failure to carry out the person’s duties;
(e)
(e) that person—
(i) is subject to a national disqualification by the First-tier Tribunal19,
(ii) is subject to a national disqualification under a decision by the National Health Service Tribunal20which is treated as a national disqualification by virtue of regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 200121or regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 200222,
(iii) has been refused admission to a primary care list and was not subsequently nominated or approved for inclusion in a primary care list,
(iv) is conditionally included in a primary care list23,
(v) is contingently removed from a primary care list24,
(vi) is suspended from a primary care list25or treated as so suspended by virtue of regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002, or
(vii) has been removed from a primary care list on any of the grounds set out in regulation 10(1)(a) or (b) or (4) of the National Health Service (Performers Lists) Regulations 200426, or by a direction of the National Health Service Tribunal and has not subsequently been included in such a list,
and in this sub-paragraph any reference to a provision in, or made under, the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland or Northern Ireland;
(f)
(f) that person is subject to—
(i) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 198627,
(ii) a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 200228, or
(iii) an order made under section 429(2)(b) of the Insolvency Act 198629(disabilities on revocation of administration order against an individual); or
(g)
(g) that person has at any time been removed—
(i) from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity—
(aa) for which the person was responsible or to which the person was privy, or
(bb) which the person by their conduct contributed to or facilitated, or
(ii) under—
(aa) section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 199030(powers of Court of Session to deal with management of charities), or
(bb) section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 200531(powers of Court of Session)
from being concerned in the management or control of any body.
(2) For the purposes of paragraph (1)(c), a person is not to be treated as having been in paid employment by reason only of that person having been—
(a)
(a) in the case of a health service body which is not an NHS trust or an NHS foundation trust, the chairman or a non-officer member of the health service body in question;
(b)
(b) in the case of an NHS trust, the chairman or a non-executive director of, the NHS trust; or
(c)
(c) in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of the NHS foundation trust.
(3) In...
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