The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Amendment) Regulations 2006

• Citation: S.I. 2006/633
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Amendment) Regulations 2006 and shall come into force on 1st April 2006.

(2) In these Regulations “the principal Regulations ” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005 .

Section 2 Amendment of regulation 1 of the principal Regulations

In regulation 1(2) of the principal Regulations (citation, commencement, and interpretation),—

(a) at the appropriate place insert—

“NHS Injury Benefits Scheme” means any scheme making provision for benefits for health staff in respect of injury or disease and established pursuant to section 10 of the Superannuation Act 1972 , but excluding any scheme making provision for the early payment of a pension, allowance or gratuity in respect of ill-health;

“sentence of imprisonment” does not include a committal—

in default of payment of any sum of money,

for want of sufficient distress to satisfy any sum of money, or

for failure to do or abstain from doing anything required to be done or left undone.

and

(b) for the definition of “NHS Pension Scheme” substitute

“NHS Pension Scheme” means any scheme making provision for pensions, allowances, gratuities or compensation for premature retirement for health staff and established pursuant to section 10 or section 24 of the Superannuation Act 1972, but excluding the NHS Injury Benefits Scheme;

Section 3 Amendment of regulation 2 of the principal Regulations

In regulation 2 of the principal Regulations (appointment and tenure of office of chairman and members), after paragraph (4) insert—

(4A) Where for any period the chief executive is suspended from his duties as a chief executive of the Authority—

(a) he shall also be suspended for that period from performing his functions as a member, and

(b) any person appointed to act in his place as chief executive shall also be appointed to perform his functions as a member of the Authority for that period.

Section 4 Amendment of regulation 3 of the principal Regulations

In regulation 3(1) of the principal Regulations (disqualification for appointment),—

(a) for paragraph (a) substitute—

he has within the preceding five years—

been convicted in the United Kingdom of any offence or been convicted elsewhere of any offence which, if committed in any part of the United Kingdom would constitute a criminal offence; and

he has been sentenced to a sentence of imprisonment (whether suspended or not); and

neither the conviction has been quashed nor the sentence reduced to a sentence other than a sentence of imprisonment (whether suspended or not) on appeal.

(b) after paragraph (i) add—

(j) he is the chairman, chief executive or a non-officer member of—

(i) a Strategic Health Authority,

(ii) a Special Health Authority,

(iii) an NHS trust,

(iv) a Primary Care Trust, or

(v) a Local Health Board.

Section 5 Amendment of regulation 4 of the principal Regulations (cessation of disqualification)

In regulation 4(1) of the principal Regulations (cessation of disqualification),—

(a) omit “(i)”; and

(b) after “dismissed” insert “or, as the case may be, removed”.