Eligibility
7.—(1) A person who is under the age of 18 may only be a student member.
(2) Subject to sub-paragraph (3), a person who is a member of staff other than the Principal may only be a staff member.
(3) A student employed by the Corporation in connection with the student’s role as an officer of the students' union may only be a student member.
(4) Subject to sub-paragraphs (5) and (6), a student at the institution may only be a student member.
(5) A member of staff (other than a person employed by the Corporation in connection with their role as an officer of the students' union) who is also enrolled as a part-time student at the institution may only be appointed as a staff member.
(6) A person who is already a member other than a student member is not required to resign if during the term of office that person enrols on a part time course at the institution, but if that person enrols on a full-time course at the institution, that person ceases to be a member.
(7) The Clerk may not be a member.
(8) Subject to sub-paragraphs (9) and (10), a person may not be a member if that person has been adjudged bankrupt(1), or if that person is the subject of a bankruptcy restrictions order, an interim bankruptcy restrictions order or a bankruptcy restrictions undertaking(2), or if that person has made a composition or arrangement with creditors, including an individual voluntary arrangement.
(9) Where a person is disqualified from being a member by reason of having been adjudged bankrupt, or being the subject of a bankruptcy restrictions order, an interim bankruptcy restrictions order or a bankruptcy restrictions undertaking, that disqualification ceases—
(a)on that person’s discharge from bankruptcy, unless the bankruptcy order has before then been annulled;
(b)if the bankruptcy order is annulled, on the date of that annulment;
(c)if the bankruptcy restrictions order is rescinded(3), on the date so ordered by the court;
(d)if the interim bankruptcy restrictions order is discharged by the court, on the date of that discharge; or
(e)if the bankruptcy restrictions undertaking is annulled, on the date of that annulment.
(10) Where a person is disqualified from being a member by reason of having made a composition or arrangement, including an individual voluntary arrangement, and then pays the debts in full, the disqualification ceases on the date on which the payment is completed and in any other case it ceases on the expiration of three years from the date on which the terms of the deed of composition, arrangement or individual voluntary arrangement are fulfilled.
(11) Subject to sub-paragraph (12) a person may not be a member if—
(a)within the previous five years, or since the appointment, that person has been convicted whether in the United Kingdom or elsewhere of any offence and has received a sentence of imprisonment (whether suspended or not) for a period of three months or more without the option of a fine;
(b)within the previous 20 years, that person has been convicted as set out in paragraph (a) and has received a sentence of imprisonment for a period of more than two and a half years; or
(c)that person has at any time been convicted as set out in paragraph (a) and has received a sentence of imprisonment of five years or more.
(12) For the purpose of sub-paragraph (11) any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom must be disregarded.
(13) Upon a member becoming disqualified from being a member by virtue of sub-paragraphs (8) to (11), that member must immediately give written notice of that fact to the Clerk.
At the time of the making of these Regulations, the legislative provisions dealing with a person being adjudged bankrupt are section 264 of the Insolvency Act 1986 (c. 45) as amended by section 170(2) of and Schedule 16 to the Criminal Justice Act 1988 (c. 33), but at the time of making these Regulations those provisions had not yet been commenced and by regulations 3 and 13 of the Insolvency Act 1986 (Amendment) (No. 2) Regulations 2002 (S.I. 2002/1240).
At the time of the making of these Regulations, the legislative provisions explaining the meaning of interim bankruptcy restrictions orders and bankruptcy restrictions undertaking are section 281A and Schedule 4A to the Insolvency Act 1986.
This would, at the time of the making of these Regulations be as a result of an application under section 375 of the Insolvency Act 1986. Section 375 was amended by section 106 of, and Schedule 15 to, the Access to Justice Act 1999 (c. 22).