OpenLegislation

Paragraph 6 Persons who are ineligible to be membersI1

England and Wales

(1)

No one under the age of 18 years may be a member.

(2)

The Clerk may not be a member.

(3)

A person who is a member of staff of the institution may not be, or continue as, a member, except as a staff member or in the capacity of Chief Executive.

(4)

Paragraph (3) does not apply to a student who is employed or engaged by the Corporation or a subsidiary company of the Corporation in connection with the student’s role as an officer of a students’ association.

(5)

A person shall be disqualified from holding, or from continuing to hold, office as a member, if that person has been F1made bankrupt or is the subject of a bankruptcy restrictions order, an interim bankruptcy restrictions order or a bankruptcy restrictions undertaking within the meaning of the Insolvency Act 1986f1, or if that person has made a composition or arrangement with creditors, including an individual voluntary arrangement.

(6)

A person shall also be disqualified from holding, or from continuing to hold, office as a member if—

(a)

that person has been convicted, whether in the United Kingdom or elsewhere, of any offence (except a road traffic offence not involving death or personal injury or driving under the influence of alcohol or drugs) unless the Corporation resolves otherwise. For the purpose of this paragraph there shall be disregarded any conviction by or before a court outside the United Kingdom for an offence in respect of conduct which, if it had taken place in the United Kingdom, would not have constituted an offence under the law then or now in force anywhere in the United Kingdom; or

(b)

that person is no longer eligible to be a charity trustee; or

(c)

that person is certified by a registered medical practitioner as being physically or mentally incapable of discharging his duties as a member and will remain so for three months or more and the Corporation resolves to remove that member from office; or

(d)

that person is unfit or unable to discharge his functions as a member or his conduct calls himself or the institution in to disrepute and the Corporation resolves to remove that member from office; or

(e)

that person without the consent of the Corporation is absent from two or more consecutive meetings of the Corporation and the Corporation resolves to remove that member from office; or

(f)

that person breaches the code of conduct applying to members of the Corporation from time to time and the Corporation resolves to remove that member from office.

(7)

Upon a member of the Corporation becoming disqualified from continuing to hold office under paragraph (5) or (6) the member shall immediately give notice of that fact to the Clerk.

Annotations

Textual amendments

F1

Word in Sch. 1 para. 6(5) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 13

Commencement

I1

Sch. 1 para. 6 in force at 31.8.2014, see reg. 1

Footnotes

f1

1986 c.45.