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The Enterprise Act 2002 (Disqualification from Office: General) Order 2006

S.I. 2006/1722 · Made 28 June 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

INSOLVENCY

INDIVIDUALS

Made 28th June 2006

Coming into force in accordance with article 1(1)

The Secretary of State makes the following Order in exercise of the powers conferred upon him by section 268 of the Enterprise Act 2002f1;

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.

Annotations to the whole text

Footnotes

f1

2002 c. 40.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Disqualification provisions — repeals, revocations and amendments
  3. Signature
  4. Schedule 1: Repeal or revocation of disqualification provisions
  5. Part 1: Provision made by an Act of Parliament
  6. 1Metropolis Water Act 1902
  7. 2Land Drainage Act 1991
  8. Part 2: Provision made under an Act of Parliament
  9. 3British Wool Marketing Scheme (Approval) Order 1950
  10. Schedule 2: Amendment or modification of disqualification provisions
  11. Part 1: Provision made by an Act of Parliament
  12. 1Industry Act 1975
  13. 2Aircraft and Shipbuilding Industries Act 1977
  14. 3Transport Act 1981
  15. 4Charities Act 1993
  16. 5Pensions Act 1995
  17. 6Greater London Authority Act 1999
  18. Part 2: Provision made under an Act of Parliament
  19. 7Registration of Births, Deaths and Marriages Regulations 1968
  20. 8Personal Equity Plan Regulations 1989
  21. 9National Health Service Trusts (Membership and Procedure) Regulations 1990
  22. 10Air Passenger Duty Regulations 1994
  23. 11National Health Service Litigation Authority Regulations 1995
  24. 12Health Authorities (Membership and Procedure) Regulations 1996
  25. 13Individual Savings Account Regulations 1998
  26. 14Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
  27. 15Education (Foundation Body) (England) Regulations 2000
  28. 16National Treatment Agency Regulations 2001
  29. 17National Health Service Appointments Commission Regulations 2001
  30. 18National Patient Safety Agency Regulations 2001
  31. 19General Social Care Council (Appointments and Procedure) Regulations 2001
  32. 20Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 2002
  33. Explanatory note

1Citation, commencement and interpretation

(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.

2Disqualification provisions — repeals, revocations and amendments

(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.

Signature

Jim Fitzpatrick

Parliamentary Under Secretary of State for Employment Relations and Minister for London

Department of Trade and Industry

28th June 2006

1Metropolis Water Act 1902

In paragraph 7 of Schedule 3 (constitution and proceedings of Water Board) to the Metropolis Water Act 1902f1, the words “, or is adjudged bankrupt, or makes a composition or arrangement with his creditors” shall be omitted.

2Land Drainage Act 1991

Paragraph 9 of Schedule 1 (insolvency of members or candidates) to the Land Drainage Act 1991f1 shall be omitted.

3British Wool Marketing Scheme (Approval) Order 1950

In paragraph 9(b) of the Schedule (the Board) to the British Wool Marketing Scheme (Approval) Order 1950f1, the words “if he is adjudged bankrupt or compounds with his creditors, or” shall be omitted.

1Industry Act 1975

In paragraph 6(1)(c) of Schedule 3 (establishment of Tribunal) to the Industry Act 1975f1—

(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.

2Aircraft and Shipbuilding Industries Act 1977

In section 42(5) (the Arbitration Tribunal) of the Aircraft and Shipbuilding Industries Act 1977f1—

(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.

3Transport Act 1981

In paragraph 3(2)(a) of Schedule 2 (resignation and vacation of office) to the Transport Act 1981f1—

(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.

4Charities Act 1993

In section 72 (persons disqualified for being trustees of a charity) of the Charities Act 1993f1—

(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”.

5Pensions Act 1995

In section 29 (persons disqualified for being trustees) of the Pensions Act 1995f1—

(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”.

6Greater London Authority Act 1999

In section 21 (disqualification from being the Mayor or an Assembly Member) of the Greater London Authority Act 1999f1—

(a)

for subsection (1)(c) there is substituted—

“(c)

he is the subject of a bankruptcy restrictions order or an interim order;”; and

(b)

subsections (3) and (4) shall be omitted.

7Registration of Births, Deaths and Marriages Regulations 1968

In regulation 5(a)(i) (disqualification for appointment) of the Registration of Births, Deaths and Marriages Regulations 1968f1, after the words “has not subsequently obtained his discharge,” there is inserted “or he is the subject of a bankruptcy restrictions order or an interim order,”.

8Personal Equity Plan Regulations 1989

In regulation 15(1)(b) (plan manager ceasing to qualify) of the Personal Equity Plan Regulations 1989f1, after the word “bankrupt” there is inserted “or is the subject of a bankruptcy restrictions order or an interim order”.

9National Health Service Trusts (Membership and Procedure) Regulations 1990

(1)

The National Health Service Trusts (Membership and Procedure) Regulations 1990f1 shall be amended as follows.

(2)

For regulation 11(1)(b) (disqualification for appointment of chairman and non-executive directors) there is substituted—

“(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.

10Air Passenger Duty Regulations 1994

In regulation 7(2)(d) (ceasing to act as a fiscal representative) of the Air Passenger Duty Regulations 1994f1, after the word “elsewhere” there is inserted “or is the subject of a bankruptcy restrictions order or an interim order”.

11National Health Service Litigation Authority Regulations 1995

(1)

The National Health Service Litigation Authority Regulations 1995f1 shall be amended as follows.

(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)

for sub-paragraph (b) (disqualification for appointment) there is substituted—

“(b)

he is the subject of a bankruptcy restrictions order or an interim order;”.

(3)

Regulation 8 (cessation of disqualification) shall be omitted.

12Health Authorities (Membership and Procedure) Regulations 1996

(1)

The Health Authorities (Membership and Procedure) Regulations 1996f1 shall be amended as follows.

(2)

For regulation 10(1)(b) (disqualification for appointment) there is substituted—

“(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.

13Individual Savings Account Regulations 1998

In regulation 20(1)(b) (account manager ceasing to qualify) of the Individual Savings Account Regulations 1998f1, after the word “bankrupt” there is inserted “or is the subject of a bankruptcy restrictions order or an interim order”.

14Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

(1)

The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000f1 shall be amended as follows.

(2)

For regulation 5(1)(b) (disqualification for appointment: chairman and non-officer members) there is substituted—

“(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.

15Education (Foundation Body) (England) Regulations 2000

In paragraph 2 of Schedule 4 (disqualification for holding office) to the Education (Foundation Body) (England) Regulations 2000f1—

(a)

for sub-paragraph (a) there is substituted—

“(a)

his estate has been sequestrated and the sequestration has not been discharged, annulled or reduced;”; and

(b)

for sub-paragraph (b) there is substituted—

“(b)

he is the subject of a bankruptcy restrictions order or an interim order.”.

16National Treatment Agency Regulations 2001

(1)

The National Treatment Agency Regulations 2001f1 shall be amended as follows.

(2)

For regulation 3(1)(b) (disqualification for appointment) there is substituted—

“(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.

17National Health Service Appointments Commission Regulations 2001

(1)

The National Health Service Appointments Commission Regulations 2001f1 shall be amended as follows.

(2)

For regulation 3(1)(b) (disqualification for appointment) there is substituted—

“(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.

18National Patient Safety Agency Regulations 2001

(1)

The National Patient Safety Agency Regulations 2001f1 shall be amended as follows.

(2)

For regulation 3(1)(b) (disqualification for appointment) there is substituted—

“(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.

19General Social Care Council (Appointments and Procedure) Regulations 2001

(1)

The General Social Care Council (Appointments and Procedure) Regulations 2001f1 shall be amended as follows.

(2)

In regulation 4 (disqualification for appointment)—

(a)

for paragraph (1)(d) there is substituted—

“(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”.

20Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 2002

For regulation 2(b) (disqualification for appointment) of the Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 2002f1 there is substituted—

“(b)

is the subject of a bankruptcy restrictions order or an interim order;”.

Explanatory note

(This note is not part of the 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.