Welsh Language (Wales) Measure 2011

PART 4 E+W DISQUALIFICATION FROM MEMBERSHIP OR APPOINTMENT

Disqualification from membership: employment E+W

13 (1) A person is disqualified from membership of the Tribunal on grounds of employment if the person is— E+W

(a) a Member of Parliament;

(b) a Member of the National Assembly for Wales;

(c) a member of the staff of the Welsh Assembly Government;

(d) a member of the staff of the National Assembly for Wales Commission;

(e) the Commissioner;

(f) the Deputy Commissioner;

(g) any other member of the staff of the Commissioner; or

(h) the husband or wife or civil partner of a person falling within paragraph (e), (f) or (g).

Commencement Information

I1 Sch. 11 para. 13 in force at 7.1.2014 by S.I. 2013/3140, art. 2(k)

Disqualification from membership: unsuitability E+W

14 (1) A person is disqualified from membership of the Tribunal on grounds of unsuitability if the person— E+W

(a) has been adjudged bankrupt and remains bankrupt;

(b) has been granted a debt relief order (within the meaning of Part VIIA of the Insolvency Act 1986), and the moratorium period under that order is continuing;

(c) has made an arrangement with his or her creditors and the arrangement remains in force;

(d) has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine has been imposed;

(e) is disqualified from being a member of a county borough council or county council in Wales; or

(f) is disqualified from being a director of a company.

(2) For the purposes of sub-paragraph (1)(a) a person remains bankrupt until such time as—

(a) the person is discharged from bankruptcy, or

(b) the bankruptcy order made against that person is annulled.

(3) For the purposes of sub-paragraph (1)(c) an arrangement with a person's creditors remains in force until—

(a) the person pays his or her debts in full, or

(b) if later, the end of the period of five years beginning with the day on which the terms of the arrangement are fulfilled.

(4) If the question of whether a person is disqualified from membership of the Tribunal on grounds of unsuitability arises in relation to the appointment of the person to be a member of the Tribunal, any conviction which that person received more than five years before the date of the appointment is to be disregarded.

Commencement Information

I2 Sch. 11 para. 14 in force at 7.1.2014 by S.I. 2013/3140, art. 2(k)

Disqualification from appointment: age E+W

15 E+W A person is disqualified from appointment as President or as a legally-qualified or lay member of the Tribunal if the person has already reached the age of [F1 75] at the date of the appointment.

Textual Amendments

F1 Word in Sch. 11 para. 15 substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 39(1)(b) (with Sch. 1 para. 43)

Commencement Information

I3 Sch. 11 para. 15 in force at 7.1.2014 by S.I. 2013/3140, art. 2(k)

Disqualification from appointment: previous appointment E+W

16 (1) A person is disqualified from appointment as President on grounds of previous appointment if the person has already been President for a period of 10 years or more (whether in consecutive or non-consecutive appointments). E+W

(2) A person is disqualified from appointment as a legally-qualified member of the Tribunal on grounds of previous appointment if the person has already been a legally-qualified member for a period of 10 years or more (whether in consecutive or non-consecutive appointments).

(3) A person is disqualified from appointment as a lay member of the Tribunal on grounds of previous appointment if the person has already been a lay member for a period of 10 years or more (whether in consecutive or non-consecutive appointments).

Commencement Information

I4 Sch. 11 para. 16 in force at 7.1.2014 by S.I. 2013/3140, art. 2(k)

Disqualification from appointment: previous dismissal from office E+W

17 E+W A person is disqualified from appointment as President or as a legally-qualified or lay member of the Tribunal on grounds of previous dismissal if the Welsh Ministers have previously dismissed the person from the Tribunal under paragraph 12.

Commencement Information

I5 Sch. 11 para. 17 in force at 7.1.2014 by S.I. 2013/3140, art. 2(k)