Regulation 10 Eligibility criteria for appointment as a member of the IBCA

(1)

A person who meets the criteria specified in paragraph (3) is eligible for appointment as the Chair or as any other non-executive member of the IBCA.

(2)

At least one of the non-executive members of the IBCA must have experience of risk and audit.

(3)

The criteria are that the person—

(a)

has not within the preceding five years had passed on them in the United Kingdom, the Channel Islands or the Isle of Man a sentence of imprisonment (whether suspended or not) for a period of three months or more without the option of a fine,

(b)

is not the subject of—

(i)

a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 (“the 1986 Act”)^f1 or Schedule 2A to the Insolvency (Northern Ireland) Order 1989 (“the 1989 Order”)^f2, or

(ii)

a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the 1986 Act^f3 or Schedule 2ZB to the 1989 Order^f4,

(c)

has not within the preceding five years been dismissed, otherwise than by reason of redundancy, from any paid employment with a body listed in the Schedule to the Public Bodies (Admission to Meetings) Act 1960^f5,

(d)

has not had their tenure of office as the Chair, a member, or a director of a body listed in the Schedule to the Public Bodies (Admission to Meetings) Act 1960 terminated on the grounds—

(i)

that it was not in the interests of that body that they should continue to hold the office,

(ii)

of non-attendance at meetings,

(iii)

of non-disclosure of a pecuniary interest, or

(iv)

of misbehaviour, misconduct or failure to carry out their duties,

(e)

is not subject to a disqualification order under the Company Directors Disqualification Act 1986^f6, the Company Directors (Northern Ireland) Disqualification Order 2002^f7 or to an order made under section 429(2) of the 1986 Act^f8,

(f)

has not been removed from the office of charity trustee or trustee for a charity by a relevant order on the grounds of—

(i)

any misconduct or mismanagement in the administration of the charity for which they were responsible or to which they were privy,

(ii)

that they knew of the misconduct or mismanagement and failed to take reasonable steps to oppose it, or

(iii)

that their conduct contributed to or facilitated the misconduct or mismanagement,

(g)

has not been removed by the Court of Session under section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005^f9 from being concerned in the management or control of a charity or other body, or

(h)

is not, in the opinion of the appropriate person, a person who has a conflict of interest which would affect their ability to carry out the functions of the Chair or a non-executive member of the IBCA if they were to be appointed as such.

(4)

If the Chair or a non-executive member of the IBCA, during their term of appointment as such, no longer meets the criteria specified in paragraph (3), the appropriate person must terminate their appointment.

(5)

In this regulation—

“appropriate person” has the same meaning as in paragraph 5(5) of Schedule 1 to the Act;
“relevant order” means an order made by—
1. (a)
  
  the Charity Commission under section 79(4) of the Charities Act 2011^f10,
2. (b)
  
  the Charity Commission for Northern Ireland under section 33(2)(b)(i) of the Charities Act (Northern Ireland) 2008^f11, or
3. (c)
  
  the High Court.

Annotations

Footnotes

f1: 1986 c. 45. Schedule 4A was inserted by section 257(2) of, and Schedule 20 to, the Enterprise Act 2002 (c. 40) and amended by paragraph 63 of Schedule 19 to the Enterprise and Regulatory Reform Act 2013 (c. 24) and section 135(2)(b) of the Small Business, Enterprise and Regulatory Reform Act 2015 (c. 26).
f2: S.I. 1989/2405 (N.I. 19). Schedule 2A was inserted by the Insolvency (Northern Ireland) Order 2005/1455 (N.I. 10).
f3: Schedule 4ZB was inserted by section 108(2) of, and Schedule 19 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).
f4: Schedule 2ZB was inserted by the Debt Relief Act (Northern Ireland) 2010 (c. 16).
f5: 1960 c. 67. There are a significant number of amendments to this Schedule to add named bodies to it to make them subject to the Public Bodies (Admission to Meetings) Act 1960. Amendments of particular relevance include that made by paragraph 23 of Part 3 of Schedule 1 to the Act to add the Infected Blood Compensation Authority to the list of bodies in the Schedule. Amendments have also removed bodies from the Schedule.
f6: 1986 c. 46.
f7: S.I. 2002/3150 (N.I. 4).
f8: 1986 c. 45. Section 429(2) was amended by section 269 of, and paragraph 15 of Schedule 23 to, the Enterprise Act 2002.
f9: 2005 asp 10.
f10: 2011 c. 25. Section 79 was substituted by section 4(2) of the Charities (Protection and Social Investment) Act 2016 (c. 4).
f11: 2008 c. 12 (N.I.).