Article 2(2)
1. In paragraph 6(1)(c) of Schedule 3 (establishment of Tribunal) to the Industry Act 1975(1)—
(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.
2. In section 42(5) (the Arbitration Tribunal) of the Aircraft and Shipbuilding Industries Act 1977(2)—
(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.
3. In paragraph 3(2)(a) of Schedule 2 (resignation and vacation of office) to the Transport Act 1981(3)—
(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.
4. In section 72 (persons disqualified for being trustees of a charity) of the Charities Act 1993(4)—
(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”.
5. In section 29 (persons disqualified for being trustees) of the Pensions Act 1995(5)—
(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”.
6. In section 21 (disqualification from being the Mayor or an Assembly Member) of the Greater London Authority Act 1999(6)—
(a)for subsection (1)(c) there is substituted—
“(c)he is the subject of a bankruptcy restrictions order or an interim order;”; and
(b)subsections (3) and (4) shall be omitted.
7. In regulation 5(a)(i) (disqualification for appointment) of the Registration of Births, Deaths and Marriages Regulations 1968(7), 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,”.
8. In regulation 15(1)(b) (plan manager ceasing to qualify) of the Personal Equity Plan Regulations 1989(8), after the word “bankrupt” there is inserted “or is the subject of a bankruptcy restrictions order or an interim order”.
9.—(1) The National Health Service Trusts (Membership and Procedure) Regulations 1990(9) 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.
10. In regulation 7(2)(d) (ceasing to act as a fiscal representative) of the Air Passenger Duty Regulations 1994(10), after the word “elsewhere” there is inserted “or is the subject of a bankruptcy restrictions order or an interim order”.
11.—(1) The National Health Service Litigation Authority Regulations 1995(11) 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.
12.—(1) The Health Authorities (Membership and Procedure) Regulations 1996(12) 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.
13. In regulation 20(1)(b) (account manager ceasing to qualify) of the Individual Savings Account Regulations 1998(13), after the word “bankrupt” there is inserted “or is the subject of a bankruptcy restrictions order or an interim order”.
14.—(1) The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000(14) 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.
15. In paragraph 2 of Schedule 4 (disqualification for holding office) to the Education (Foundation Body) (England) Regulations 2000(15)—
(a)for sub-paragraph (a) there is substituted—
“(a)his estate has been sequestrated and the sequestration has not been discharged, annulled or reduced;”; and
(b)for sub-paragraph (b) there is substituted—
“(b)he is the subject of a bankruptcy restrictions order or an interim order.”.
16.—(1) The National Treatment Agency Regulations 2001(16) 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.
17.—(1) The National Health Service Appointments Commission Regulations 2001(17) 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.
18.—(1) The National Patient Safety Agency Regulations 2001(18) 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.
19.—(1) The General Social Care Council (Appointments and Procedure) Regulations 2001(19) 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;”; and
(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”.
20. For regulation 2(b) (disqualification for appointment) of the Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 2002(20) there is substituted—
“(b)is the subject of a bankruptcy restrictions order or an interim order;”.
1975 c. 68. Paragraph 6(1) was amended by section 26 of, and paragraph 52 of Schedule 6 to, the Judicial Pensions and Retirement Act 1993 (c. 8).
S.I. 1968/2049.
S.I. 1990/2024.
S.I. 1994/1738.
S.I. 1995/2801.
S.I. 1996/707.
S.I. 1998/1870.
S.I. 2000/89. Regulation 5(1)(b) was substituted by regulation 3(1) and (2)(b) of S.I. 2003/1616.
S.I. 2000/2872.
S.I. 2001/715.
S.I. 2001/794.
S.I. 2001/1742.
S.I. 2001/1744.
S.I. 2002/2376.