SCHEDULE 2Amendment or modification of disqualification provisions
PART 1Provision made by an Act of Parliament
Industry Act 19751
In paragraph 6(1)(c) of Schedule 3 (establishment of Tribunal) to the Industry Act 19755—
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.
Aircraft and Shipbuilding Industries Act 19772
In section 42(5) (the Arbitration Tribunal) of the Aircraft and Shipbuilding Industries Act 19776—
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.
Transport Act 19813
In paragraph 3(2)(a) of Schedule 2 (resignation and vacation of office) to the Transport Act 19817—
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.
Charities Act 19934
In section 72 (persons disqualified for being trustees of a charity) of the Charities Act 19938—
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”.
Pensions Act 19955
In section 29 (persons disqualified for being trustees) of the Pensions Act 19959—
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”.
Greater London Authority Act 19996
In section 21 (disqualification from being the Mayor or an Assembly Member) of the Greater London Authority Act 199910—
a
for subsection (1)(c) there is substituted—
c
he is the subject of a bankruptcy restrictions order or an interim order;
b
subsections (3) and (4) shall be omitted.
PART 2Provision made under an Act of Parliament
Registration of Births, Deaths and Marriages Regulations 19687
In regulation 5(a)(i) (disqualification for appointment) of the Registration of Births, Deaths and Marriages Regulations 196811, 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,”.
Personal Equity Plan Regulations 19898
In regulation 15(1)(b) (plan manager ceasing to qualify) of the Personal Equity Plan Regulations 198912, after the word “bankrupt” there is inserted “or is the subject of a bankruptcy restrictions order or an interim order”.
National Health Service Trusts (Membership and Procedure) Regulations 19909
1
The National Health Service Trusts (Membership and Procedure) Regulations 199013 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.
Air Passenger Duty Regulations 199410
In regulation 7(2)(d) (ceasing to act as a fiscal representative) of the Air Passenger Duty Regulations 199414, after the word “elsewhere” there is inserted “or is the subject of a bankruptcy restrictions order or an interim order”.
National Health Service Litigation Authority Regulations 199511
1
The National Health Service Litigation Authority Regulations 199515 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.
Health Authorities (Membership and Procedure) Regulations 199612
1
The Health Authorities (Membership and Procedure) Regulations 199616 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.
Individual Savings Account Regulations 199813
In regulation 20(1)(b) (account manager ceasing to qualify) of the Individual Savings Account Regulations 199817, after the word “bankrupt” there is inserted “or is the subject of a bankruptcy restrictions order or an interim order”.
Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 200014
1
The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 200018 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.
Education (Foundation Body) (England) Regulations 200015
In paragraph 2 of Schedule 4 (disqualification for holding office) to the Education (Foundation Body) (England) Regulations 200019—
a
for sub-paragraph (a) there is substituted—
a
his estate has been sequestrated and the sequestration has not been discharged, annulled or reduced;
b
for sub-paragraph (b) there is substituted—
b
he is the subject of a bankruptcy restrictions order or an interim order.
National Treatment Agency Regulations 200116
1
The National Treatment Agency Regulations 200120 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.
National Health Service Appointments Commission Regulations 200117
1
The National Health Service Appointments Commission Regulations 200121 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.
National Patient Safety Agency Regulations 200118
1
The National Patient Safety Agency Regulations 200122 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.
General Social Care Council (Appointments and Procedure) Regulations 200119
1
The General Social Care Council (Appointments and Procedure) Regulations 200123 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;
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”.
Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 200220
For regulation 2(b) (disqualification for appointment) of the Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 200224 there is substituted—
b
is the subject of a bankruptcy restrictions order or an interim order;