The Enterprise Act 2002 (Disqualification from Office: General) Order 2006
In accordance with section 268(13) of that Act, a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament.
Citation, commencement and interpretation1.
(1)
This Order may be cited as the Enterprise Act 2002 (Disqualification from Office: General) Order 2006 and shall come into force on the day after the day on which it is made.
(2)
For the purposes of this Order, “disqualification provision” has the same meaning as in section 268(2) of the Enterprise Act 2002.
Disqualification provisions — repeals, revocations and amendments2.
(1)
Schedule 1 to this Order (which repeals or revokes disqualification provisions) shall have effect.
(2)
Schedule 2 to this Order (which amends or modifies the effect of disqualification provisions) shall have effect.
SCHEDULE 1Repeal or revocation of disqualification provisions
PART 1Provision made by an Act of Parliament
Metropolis Water Act 1902
1.
Land Drainage Act 1991
2.
PART 2Provision made under an Act of Parliament
British Wool Marketing Scheme (Approval) Order 1950
3.
SCHEDULE 2Amendment or modification of disqualification provisions
PART 1Provision made by an Act of Parliament
Industry Act 1975
1.
(a)
for the words “becomes bankrupt or makes a composition with creditors” there is substituted “is the subject of a bankruptcy restrictions order or an interim order”; and
(b)
the words “or a member makes a trust deed for behoof of his creditors or a composition contract” shall be omitted.
Aircraft and Shipbuilding Industries Act 1977
2.
(a)
in paragraph (b), for the words “he is unfit to continue in office; and” there is substituted “he is unfit to continue in office.”; and
(b)
paragraph (c) shall be omitted.
Transport Act 1981
3.
(a)
for the words “becomes bankrupt or makes an arrangement with his creditors” there is substituted “is the subject of a bankruptcy restrictions order or an interim order”; and
(b)
the words “or makes a trust deed for behoof of his creditors or a composition contract” shall be omitted.
Charities Act 1993
4.
(a)
in subsection (1)(b), after the word “discharged” there is inserted “or he is the subject of a bankruptcy restrictions order or an interim order”; and
(b)
in subsection (2)(b), after the word “sequestration” there is inserted “or the making of a bankruptcy restrictions order or an interim order”.
Pensions Act 1995
5.
(a)
in subsection (1)(b), after the word “discharged” there is inserted “or he is the subject of a bankruptcy restrictions order or an interim order”; and
(b)
in subsection (2)(b), after the word “sequestration” there is inserted “or the making of the bankruptcy restrictions order or an interim order”.
Greater London Authority Act 1999
6.
(a)
“(c)
he is the subject of a bankruptcy restrictions order or an interim order;”; and
(b)
subsections (3) and (4) shall be omitted.
PART 2Provision made under an Act of Parliament
Registration of Births, Deaths and Marriages Regulations 1968
7.
Personal Equity Plan Regulations 1989
8.
National Health Service Trusts (Membership and Procedure) Regulations 1990
9.
(1)
(2)
“(b)
he is the subject of a bankruptcy restrictions order or an interim order;”.
(3)
Paragraphs (1) and (2) of regulation 12 (cessation of disqualification) shall be omitted.
Air Passenger Duty Regulations 1994
10.
National Health Service Litigation Authority Regulations 1995
11.
(1)
(2)
In regulation 7(1) (disqualification for appointment)—
(a)
for the words “Subject to regulation 8 (cessation of disqualification), a person shall be” there is substituted “A person shall be”; and
(b)
“(b)
he is the subject of a bankruptcy restrictions order or an interim order;”.
(3)
Regulation 8 (cessation of disqualification) shall be omitted.
Health Authorities (Membership and Procedure) Regulations 1996
12.
(1)
(2)
“(b)
he is the subject of a bankruptcy restrictions order or an interim order;”.
(3)
Paragraphs (1) and (2) of regulation 11 (cessation of disqualification) shall be omitted.
Individual Savings Account Regulations 1998
13.
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
14.
(1)
(2)
“(b)
he is the subject of a bankruptcy restrictions order or an interim order;”.
(3)
Paragraphs (1) and (2) of regulation 6 (cessation of disqualification) shall be omitted.
Education (Foundation Body) (England) Regulations 2000
15.
(a)
“(a)
his estate has been sequestrated and the sequestration has not been discharged, annulled or reduced;”; and
(b)
“(b)
he is the subject of a bankruptcy restrictions order or an interim order.”.
National Treatment Agency Regulations 2001
16.
(1)
(2)
“(b)
he is the subject of a bankruptcy restrictions order or an interim order;”.
(3)
Paragraphs (1) and (2) of regulation 4 (cessation of disqualification) shall be omitted.
National Health Service Appointments Commission Regulations 2001
17.
(1)
(2)
“(b)
he is the subject of a bankruptcy restrictions order or an interim order;”.
(3)
Paragraphs (1) and (2) of regulation 4 (cessation of disqualification) shall be omitted.
National Patient Safety Agency Regulations 2001
18.
(1)
(2)
“(b)
he is the subject of a bankruptcy restrictions order or an interim order;”.
(3)
Paragraphs (1) and (2) of regulation 4 (cessation of disqualification) shall be omitted.
General Social Care Council (Appointments and Procedure) Regulations 2001
19.
(1)
(2)
In regulation 4 (disqualification for appointment)—
(a)
“(d)
a person who is the subject of a bankruptcy restrictions order or an interim order;”; and
(b)
paragraphs (3) and (4) shall be omitted.
(3)
In regulation 6(6) (termination by the Secretary of State of tenure of office of chairman and members), for the words “is adjudged bankrupt or makes a composition or arrangement with his creditors” there is substituted “becomes the subject of a bankruptcy restrictions order or an interim order”.
Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 2002
20.
“(b)
is the subject of a bankruptcy restrictions order or an interim order;”.
Individuals who are bankrupts may be prevented by certain statutory provisions (“disqualification provisions”) from being elected or appointed to, or holding, an office or position, or from becoming or remaining a member of a body or group. Section 268 of the Enterprise Act 2002 confers a power on the Secretary of State to repeal or amend such a disqualification provision so as to reduce the class of bankrupts to whom the provision applies or so that it applies to only some or all individuals who are subject to a bankruptcy restrictions regime.
Schedule 1 to this Order repeals certain disqualification provisions.
Schedule 2 to the Order amends certain disqualification provisions.
A regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.