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Local Government Act 1948

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This is the original version (as it was originally enacted).

46Membership of panels

(1)Schemes under the last preceding section shall provide, as respects the panels to which those schemes respectively relate—

(a)for fixing the number of members of the panel and for determining their respective tenures of office and the persons by whom they are to be appointed respectively ;

(b)for the appointment of one of those members as chairman of the panel and not more than two of the other members as deputy chairmen thereof ;

(c)subject to the provisions of the last but one preceding section, for the manner in which members of local valuation courts are to be selected from members of the panel.

(2)A person shall be disqualified from being appointed or being a member' of any local valuation panel as aforesaid if he is a person who has been adjudged bankrupt, or made a composition or arrangement with his creditors, or has within the five years immediately preceding his appointment or since his appointment been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and ordered to be imprisoned for a period of not less than three months without the option of a fine :

Provided that—

(a)a disqualification attaching to a person under this subsection by reason of his having been adjudged bankrupt shall cease—

(i)if the bankruptcy is annulled .on the ground that he ought not to have been adjudged bankrupt or that his debts have been paid in full, on the date of the annulment; or

(ii)if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, on the date of his discharge ; or

(iii)in any other case, on the expiration of five years from the date of his discharge ;

(b)a disqualification attaching to a person under this section by reason of his having made a composition or arrangement with his creditors shall cease—

(i)if he pays his debts in full, on the date on which the payment is completed ; or

(ii)in any other case, on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled ;

(c)for the purposes of this subsection, the ordinary date on which the period allowed for making appeal from the conviction expires, or, if such appeal is made, the date on which it is finally disposed of or abandoned or fails by reason of the non-prosecution thereof, shall be deemed to be the date of the conviction.

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