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Human Tissue Act 2004
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- UK Public General Acts
- 2004 c. 30
- SCHEDULE 2
- Disqualification
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Point in time view as at 12/07/2012.
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Human Tissue Act 2004, Cross Heading: Disqualification is up to date with all changes known to be in force on or before 10 November 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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DisqualificationE+W+N.I.
2E+W+N.I.A person is disqualified for being appointed as chairman of the Authority if he has, or has had, a professional interest in any of the kinds of activity within the remit of the Authority.
Commencement Information
I1Sch. 2 para. 2 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)
3(1)A person is disqualified for being appointed as chairman or other member of the Authority if—E+W+N.I.
(a)he is the subject of a bankruptcy restrictions order or interim order,
(b)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, or
(c)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)(b) 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)(b) 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)(c), the date of 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)(c), 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.
Commencement Information
I2Sch. 2 para. 3 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)
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