Local Government Act 2003

Disqualification E+W

2 (1) A person shall be disqualified for being appointed as a member of the Service if— E+W

(a) he is, or is married to [F1 or is the civil partner of], an employee of the Service;

(b) he is the subject of a bankruptcy restrictions order [F2 or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986];

(c) a bankruptcy order has been made against him by a court in Northern Ireland, his estate has been sequestrated by a court in Scotland or, under the law of Northern Ireland or Scotland, he has made a composition or arrangement with, or granted a trust deed for, his creditors;

(d) in the last five years he has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and has had a qualifying sentence passed on him.

(2) Where a person is disqualified under sub-paragraph (1)(c) because a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease—

(a) on his obtaining a discharge, or

(b) if the bankruptcy order is annulled or the sequestration of his estate is recalled or reduced, on the date of that event.

(3) Where a person is disqualified under sub-paragraph (1)(c) because of his having made a composition or arrangement with, or granted a trust deed for, his creditors, the disqualification shall cease—

(a) at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled, or

(b) if before then he pays his debts in full, on the date on which the payment is completed.

(4) For the purposes of sub-paragraph (1)(d), the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if 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 non-prosecution.

(5) In sub-paragraph (1)(d), the reference to a qualifying sentence is to a sentence of imprisonment for a period of not less than three months (whether suspended or not) without the option of a fine.

Textual Amendments

F1 Words in Sch. 4 para. 2(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 171; S.I. 2005/3175, art. 2(2)

F2 Words in Sch. 4 para. 2(1)(b) substituted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 49 (with arts. 5, 6)

Commencement Information

I1 Sch. 4 para. 2 in force at 1.4.2004 by S.I. 2003/2938, art. 6(a) (with art. 8, Sch.)