Extent Information
E1Sch. 2 extends to E.W. only so far as it relates to the Service Authority for the National Crime Squad, see s. 137(2)(c)
Commencement Information
I1Sch. 2 wholly in force at 23.7.1997; Sch. 2 not in force at Royal Assent see s. 135; Sch. 2 in force for certain purposes at 25.6.1997 (subject to modifications in S.I. 1997/1377, art. 3(3)(4)) by s. 135 and S.I. 1997/1377, art. 3(2)(d); Sch. 2 wholly in force at 23.7.1997 by S.I. 1997/1377, art. 4(2)(a)
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.
[F1(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 [F2or disqualification undertaking] under the M1Company Directors Disqualification Act 1986 or [F3to a disqualification order under] Part II of the M2Companies (Northern Ireland) Order 1989 [F4or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002], 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
F1Sch. 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)
F2Words 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)
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)(b); 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 (E.W.S.) (with application in accordance with art. 1(2) of the amending S.I.) by The Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 (S.I. 2004/1941), art. 1(2), Sch. para. 11
Marginal Citations