OpenLegislation

Regulation 5 Disqualification: generalI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

After 1st October 2009, a person (“M”) shall be disqualified for membership of the VTE if—

(a)

M is aged 72 years or more;

(b)

M or M’s spouse or civil partner is a member of the Valuation Tribunal Service or of its staff;

(c)

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

(d)

a bankruptcy order is made against M by a court in Northern Ireland, M’s estate is sequestrated by a court in Scotland or, under the law of Northern Ireland or Scotland, M makes a composition or arrangement with, or grants a trust deed for, M’s creditors;

(e)

subject to paragraph (2), in the period of five years immediately preceding the date on which M applies for appointment as a member of the VTE, M is convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence for which M is sentenced to a term of imprisonment (whether or not the sentence is suspended);

(f)

at any time while M is a member of the VTE, M is convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence for which M is sentenced to a term of imprisonment (whether or not the sentence is suspended); or

(g)

M is for the time being 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; 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.

(2)

Where, but for this paragraph, paragraph (1) would apply to M by reason of M’s sentence to a term of imprisonment, paragraph (1) shall not apply to M if M’s conviction is a spent conviction at the date of M’s application for appointment.

(3)

A member of the VTE who is disqualified under paragraph (1) (“DM”) ceases to be a member of the VTE on the day on which that paragraph first applies to DM; but this is subject to paragraphs (4) and (5).

(4)

Where DM is disqualified by reason of a bankruptcy order or the sequestration of DM’s estate by a court in Scotland, the disqualification shall cease—

(a)

on the date on which DM obtains a discharge; or

(b)

if the bankruptcy order is annulled or the sequestration of DM’s estate is recalled or reduced, on the date of that event.

(5)

Where DM is disqualified by reason of DM having made a composition or arrangement with, or DM having granted a trust deed for, DM’s creditors, the disqualification shall cease—

(a)

at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or the trust deed are fulfilled; or

(b)

if before then DM’s debts are paid in full, on the date on which the payment is completed.

(6)

For the purposes of paragraph (1)(e), 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.

(7)

M shall not be disqualified for being a member of the VTE by reason only of M 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 M’s functions as a member.

Annotations

Commencement

I1

Reg. 5 in force at 30.9.2009, see reg. 1(1)