Welsh Language (Wales) Measure 2011

PART 4 DISQUALIFICATION FROM MEMBERSHIP OR APPOINTMENT

Disqualification from membership: employment

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

(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).

Disqualification from membership: unsuitability

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

(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.

Disqualification from appointment: age

15 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 70 at the date of the appointment.

Disqualification from appointment: previous appointment

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).

(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).

Disqualification from appointment: previous dismissal from office

17 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.