Office of Public Sector Information
Statutory Instruments
National Health Service, England
Social Care, England
Public Health, England
Made
20th August 2008
Laid before Parliament
3rd September 2008
Coming into force
1st October 2008
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):—
1.—(1) These Regulations may be cited as the Care Quality Commission (Membership) Regulations 2008 and shall come into force on 1st October 2008.
(2) In these Regulations—
“FHSAA” means the Family Health Service Appeal Authority constituted under section 169 of, and Schedule 13 to, the NHS Act 2006;
“NHS Act 2006” means the National Health Service Act 2006(2);
“NHS body” means—
an English NHS body(3);
the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG)(4);
the Independent Regulator of NHS Foundation Trusts(5);
the National Assembly for Wales;
the Wales Centre for Health(6);
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(7);
the Scottish Dental Practice Board constituted under section 4 of the National Health Service (Scotland) Act 1978(8);
the Common Services Agency for the Scottish Health Service constituted under section 10 of the National Health Service (Scotland) Act 1978(9);
a National Health Service trust constituted under section 12A of the National Health Service (Scotland) Act 1978(10);
the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972(11);
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990(12);
a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972;
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991(13);
“NHS tribunal” means the Tribunal constituted under section 46 of the National Health Service Act 1977(14) for England and Wales;
“Performers Lists Regulations” means the National Health Service (Performers Lists) Regulations 2004(15);
“pharmaceutical list” means a list published in accordance with regulations made under section 129(2)(a) of the NHS Act 2006.
2. The Commission shall have six members in addition to the chair.
3.—(1) Subject to regulation 6, the term of office of a member shall be such period, not exceeding four years, as is specified by the Secretary of State at the time of the appointment.
(2) Subject to regulation 4, the Secretary of State may re-appoint a member who has ceased to hold office.
4. Subject to regulation 5, a person is disqualified for appointment or from holding office as a member where that person falls within one or more of paragraphs 1 to 27 of the Schedule.
5.—(1) Subject to paragraph (2), a person who is disqualified under paragraph 5 or 14 of the Schedule may, after the expiry of the period of two years beginning on 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 shall cease.
(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 shall apply to any subsequent application.
(3) Where a person is disqualified under paragraphs 15 to 19 of the Schedule, the disqualification shall cease on the expiry of—
(a) the period of two years beginning on the date of the termination or cessation of 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.
6.—(1) A member may resign at any time by giving notice in writing to the Secretary of State.
(2) Where a member other than the chair is appointed to be the chair, that member’s tenure of office as such a member shall terminate when the appointment as chair takes effect.
(3) A member’s tenure of office shall cease upon being notified in writing by the Secretary of State—
(a) that the Secretary of State is satisfied that one of the conditions specified in paragraph 3(3) of Schedule 1 to the Health and Social Care Act 2008 is met in relation to that member; and
(b) of the reason why the Secretary of State is so satisfied.
7.—(1) Paragraphs (2) to (4) apply where it appears to the Secretary of State in relation to a member that one of the conditions in paragraph 3(3) of Schedule 1 to the Health and Social Care Act 2008 is or may be satisfied.
(2) The Secretary of State may suspend the member from office by giving that member notice in writing to that effect.
(3) Such notice shall give the reason for, and the period of, the suspension and the date that it is to begin.
(4) The Secretary of State may by giving the member notice in writing—
(a) before the period referred to in the notice has expired, extend, or further extend, the suspension for a further specified period; or
(b) if it has expired, impose a further suspension for a specified period.
(5) A member shall cease to perform his functions as a member for the period of the suspension but the period of that member’s term of office shall not be affected by the suspension.
(6) Where a member is suspended under this regulation the Secretary of State may, on application by the suspended member or otherwise, remove a suspension before the end of the period specified in a notice given under paragraph (2) or reduce its period.
(7) Where the Secretary of State removes, or reduces the period of, suspension under paragraph (6) the Secretary of State shall notify the member in writing to that effect.
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State
Department of Health
20th August 2008
2008 c.14 (“the 2008 Act”). See the definitions of “prescribed” and “regulations” in section 97(1) of that Act. Back [1]
See section 97(1) of the 2008 Act for the definition of “English NHS body”. Back [3]
The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) was established by S.I. 2005/2414. Back [4]
See section 31 of the National Health Service Act 2006. Back [5]
See section 2 of the Health (Wales) Act 2003 (c.4). Back [6]
1978 c.29; section 2 was amended by paragraph 1 of Schedule 7 to the Health and Social Services Act and Social Security Adjudications Act 1983 (c.41) and by section 28 of, and paragraph 19(1) of Schedule 9, and Schedule 10 to, the National Health Service and Community Care Act 1990 (c.19) Back [7]
Section 4 was amended by section 12(3) of, and Schedule 3 to, the Health and Medicines Act 1988 (c.49) and paragraph 44 of Schedule 4 to the Health Act 1999 (c.8). Back [8]
Section 10 was amended by paragraph 2 of Schedule 6 to the Health Services Act 1980 (c.53), Schedule 10 to the National Health Service and Community Care Act 1990 and paragraph 45 of Schedule 4 to the Health Act 1999. Back [9]
Section 12A was inserted by section 31 of the National Health Service and Community Care Act 1990 and amended by section 46(1) of the Health Act 1999. Back [10]
S.I. 1972/1265 (N.I. 14). Back [11]
1977 c.49. Section 46 was repealed by the Health and Social Care Act 2001, Schedule 5, paragraph 5(8) and Schedule 6, Part 1. Back [14]
SI 2004/585. Back [15]
Amended by correction slip on 01 September 2009
The Care Quality Commission (Membership) Regulations 2008