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Police Act 1997, Cross Heading: Disqualification is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1U.K.A person shall be disqualified for being appointed as a member of a Service Authority if—
(a)he has not yet attained the age of twenty-one years, F1. . .
(b)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 2 para. 1(b) and preceding word repealed (1.4.2002) by 2001 c. 16, ss. 106(1)(b), 137, Sch. 7 Pt. 4; S.I. 2002/344, art. 3(c)(j)(l) (with transitional provisions in art. 4)
2(1)A person shall be disqualified for being appointed as a member of a Service Authority if neither his principal or only place of work, nor his principal or only place of residence, has been in the relevant area during the whole of the period of twelve months ending with the day of appointment.U.K.
(2)A person shall be disqualified for being a member of a Service Authority if, at any time, neither his principal or only place of work, nor his principal or only place of residence, is within the relevant area.
(3)In this paragraph “relevant area”—
(a)in relation to appointments under Part I or III of Schedule 1, means England and Wales, and
(b)in relation to appointments under Part II of that Schedule, means the United Kingdom.
3(1)Subject to sub-paragraphs (2) and (3), a person shall be disqualified for being appointed as or being a member of a Service Authority if—U.K.
[F2(a)he is—
(i)a member of NCIS or of the National Crime Squad, or
(ii)an employee or officer of the Authority (who is not such a member);]
(b)a bankruptcy order has been made against him or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors;
(c)he is subject to a disqualification order [F3or disqualification undertaking] under the M1Company Directors Disqualification Act 1986 or [F4to a disqualification order under] Part II of the M2Companies (Northern Ireland) Order 1989, or to an order made under section 429(2)(b) of the M3Insolvency Act 1986 (failure to pay under county court administration order); or
(d)he has within five years before the date of his appointment or since his appointment been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence, and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months.
(2)Where a person is disqualified under sub-paragraph (1)(b) by reason that a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease—
(a)unless the bankruptcy order is previously annulled or the sequestration of his estate is recalled or reduced, on his obtaining a discharge, and
(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)(b) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed, and in any other case it shall cease 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.
(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.
Textual Amendments
F2Sch. 2 para. 3(1)(a) substituted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 1 para. 20(1); S.I. 2002/344, art. 3(k) (with transitional provisions in art. 4)
F3Words in Sch. 2 para. 3(1)(c) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. II para. 22(3)(a); S.I. 2001/766, art. 2(1)(a) (subject to the transitional provisions and savings in art. 3)
F4Words in Sch. 2 para. 3(1)(c) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. II para. 22(3)(b); S.I. 2001/766, art. 2(1)(a) (subject to the transitional provisions and savings in art. 3)
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