Regulation 4 Disqualifications relevant to regulations 2 and 3, etcI1

England and Wales Not yet in force

(1)

This paragraph applies to a person (“P”) if—

(a)

P is aged 72 years or more;

(b)

P or P’s spouse or civil partner is a member of the VTE’s staff^f1;

(c)

P is the subject of a bankruptcy restrictions order or interim order;

(d)

subject to paragraphs (2) and (3), a bankruptcy order has been made against P by a court in Northern Ireland, P’s estate has been sequestrated by a court in Scotland or, under the law of Northern Ireland or Scotland, P has made a composition or arrangement with, or granted a trust deed for, P’s creditors;

(e)

subject to paragraph (4), P has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence for which he has been sentenced to any term of imprisonment (whether or not the sentence is suspended);

(f)

P is disqualified for being a member of a local authority in pursuance of—

(i)

section 79 of the Local Government Act 2000 (decisions of case tribunals), whether before or after its amendment by section 199 of the 2007 Act^f2; or

(ii)

section 78A(4)(a) of the Local Government Act 2000 (decisions of case tribunals: England) and regulations made for the purposes of subsection (4) of that section^f3 before the coming into force of these Regulations.

(2)

Where, but for this paragraph, paragraph (1) would apply to P by reason of a bankruptcy order or the sequestration of P’s estate by a court in Scotland, paragraph (1) shall not apply to P if, before 1st October 2009—

(a)

P has obtained a discharge;

(b)

the bankruptcy order is annulled; or

(c)

the sequestration of P’s estate is recalled or reduced.

(3)

Where, but for this paragraph, paragraph (1) would apply to P by reason of a composition or arrangement with, or grant of a trust deed for, P’s creditors, paragraph (1) shall not apply to P if P’s debts are paid in full before 1st October 2009.

(4)

Where, but for this paragraph, paragraph (1) would apply to P by reason of P’s sentence to a term of imprisonment, paragraph (1) shall not apply to P if P’s conviction is a spent conviction immediately before 1st October 2009.

(5)

For the purposes of paragraph (1), the date of a 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.

(6)

P shall not be disqualified for being a member of the VTE by reason only of being a member of an authority which derives revenue directly or indirectly from payments in respect of council tax or non-domestic rates which may be affected by the exercise of P’s functions as a member.

Annotations

Commencement

I1: Reg. 4 in force at 30.9.2009, see reg. 1(1)

Footnotes

f1: See the definition of “Tribunal’s staff” in paragraph A20(e) of Schedule 11 to the 1988 Act, inserted by the Local Government and Public Involvement in Health Act 2007, Schedule 15, paragraphs 1 and 2.
f2: 2000 c.22. Section 79 is amended by section 199 of the Local Government and Public Involvement in Health Act 2007 (c.28) and, by virtue of S.I. 2008/3110 (C.134), applies only in relation to Wales with effect from 12th December 2008.
f3: Section 78A is inserted by section 198 of the Local Government and Public Involvement in Health Act 2007. See also S.I. 2008/2938.