SCHEDULE 11THE WELSH LANGUAGE TRIBUNAL

PART 4DISQUALIFICATION FROM MEMBERSHIP OR APPOINTMENT

13Disqualification from membership: employment

1

A person is disqualified from membership of the Tribunal on grounds of employment if the person is—

a

a Member of Parliament;

b

a Member of the National Assembly for Wales;

c

a member of the staff of the Welsh Assembly Government;

d

a member of the staff of the National Assembly for Wales Commission;

e

the Commissioner;

f

the Deputy Commissioner;

g

any other member of the staff of the Commissioner; or

h

the husband or wife or civil partner of a person falling within paragraph (e), (f) or (g).

14Disqualification from membership: unsuitability

1

A person is disqualified from membership of the Tribunal on grounds of unsuitability if the person—

a

has been adjudged bankrupt and remains bankrupt;

b

has been granted a debt relief order (within the meaning of Part VIIA of the Insolvency Act 1986), and the moratorium period under that order is continuing;

c

has made an arrangement with his or her creditors and the arrangement remains in force;

d

has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine has been imposed;

e

is disqualified from being a member of a county borough council or county council in Wales; or

f

is disqualified from being a director of a company.

2

For the purposes of sub-paragraph (1)(a) a person remains bankrupt until such time as—

a

the person is discharged from bankruptcy, or

b

the bankruptcy order made against that person is annulled.

3

For the purposes of sub-paragraph (1)(c) an arrangement with a person’s creditors remains in force until—

a

the person pays his or her debts in full, or

b

if later, the end of the period of five years beginning with the day on which the terms of the arrangement are fulfilled.

4

If the question of whether a person is disqualified from membership of the Tribunal on grounds of unsuitability arises in relation to the appointment of the person to be a member of the Tribunal, any conviction which that person received more than five years before the date of the appointment is to be disregarded.

15Disqualification from appointment: age

A person is disqualified from appointment as President or as a legally-qualified or lay member of the Tribunal if the person has already reached the age of 70 at the date of the appointment.

16Disqualification from appointment: previous appointment

1

A person is disqualified from appointment as President on grounds of previous appointment if the person has already been President for a period of 10 years or more (whether in consecutive or non-consecutive appointments).

2

A person is disqualified from appointment as a legally-qualified member of the Tribunal on grounds of previous appointment if the person has already been a legally-qualified member for a period of 10 years or more (whether in consecutive or non-consecutive appointments).

3

A person is disqualified from appointment as a lay member of the Tribunal on grounds of previous appointment if the person has already been a lay member for a period of 10 years or more (whether in consecutive or non-consecutive appointments).

17Disqualification from appointment: previous dismissal from office

A person is disqualified from appointment as President or as a legally-qualified or lay member of the Tribunal on grounds of previous dismissal if the Welsh Ministers have previously dismissed the person from the Tribunal under paragraph 12.