reg 6 Disqualification from appointment as a member
(1) A person (P) is disqualified from appointment as a member of the MPTS if any of the following paragraphs apply. (2) If P has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction. (3) If P has at any time been convicted of an offence in the United Kingdom, and— (a) the final outcome of the proceedings was a sentence of imprisonment or detention; and (b) the conviction is not a spent conviction. (4) If P has at any time been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity— (a) for which P was responsible or privy; or (b) to which P contributed or facilitated; (5) If P has at any time been removed from being concerned with the management or control of any body under section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of Court of Session); (6) If P has at any time been removed from office as the chair, member, convenor or director of any public body on the grounds, in terms, that it was not in the interests of, or conducive to the good management of, that body that P should continue to hold that office; (7) If P has at any time been adjudged bankrupt or sequestration of P’s estate has been awarded, and— (a) P has not been discharged; or (b) P is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 (bankruptcy restrictions order and undertaking). (8) If P has at any time made a composition or arrangement with, or granted a trust deed for, P’s creditors and P has not been discharged in respect of it. (9) If P is subject to any of the following— (a) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 ; (b) a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 ; (c) an order made under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of a county court administration order). (10) If P has been included by— (a) the Disclosure and Barring Service in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ); or (b) the Scottish Ministers in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 ). (11) If P has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by any licensing body, the final outcome of which was any of the following— (a) P’s suspension from a register held by the licensing body, and that suspension has not been terminated; (b) P’s erasure from a register held by the licensing body or a decision that had the effect of preventing the person from practising the profession licensed or regulated by the licensing body; (c) a decision that had the effect of only allowing P to practise that profession subject to conditions, and those conditions have not been lifted. (12) If P has at any time been subject to any investigation or proceedings concerning P’s fitness to practise by the General Council, in the course of which or where the final outcome has been that— (a) P’s registration in the register has been suspended (including by an interim suspension order or an order under section 38 of the Act (power to order immediate suspension etc. after a finding of impairment of fitness to practise)) and that suspension has not been terminated; (b) P has been erased from the register (for a reason connected to P’s fitness to practise); or (c) P’s registration in the register has been made conditional upon their compliance with any requirement (including by an order for interim conditional registration or an order under section 38 of the Act) and that requirement has not been lifted. (13) If P has at any time been subject to any investigation or proceedings relating to an allegation that P’s entry in the register was fraudulently procured, the final outcome of which was P’s erasure from the register. (14) If P has agreed in the course of proceedings concerning P’s fitness to practise to comply with undertakings, in accordance with rules under paragraph 1(2A) to (2D) of Schedule 4 to the Act (procedure and evidence before the Investigation Committee, Interim Orders Tribunals and Medical Practitioners Tribunals), and the undertakings continue to apply. (15) If— (a) P is, or has been subject to any investigation or proceedings concerning P’s fitness to practise by any licensing body or by the General Council; and (b) the General Council is satisfied that P’s membership of the MPTS would be liable to undermine public confidence in the regulation of the medical profession. (16) If P has at any time been convicted of an offence elsewhere than in the United Kingdom and the General Council is satisfied that the person’s membership of the MPTS would be liable to undermine public confidence in the regulation of the medical profession.