The Central Sussex College (Government) Regulations 2005

Persons Ineligible to be Members

8.—(1) Any person who is under the age of 18 years shall be ineligible for appointment as a member except as a student member.

(2) A person who is a member of staff of the institution shall be ineligible for appointment as a member except as a staff member or in his capacity as Principal.

(3) A student at the institution shall be ineligible to be appointed as a member except as a student member. A person who is already a member other than a student member shall not be required to resign if during his term of office he enrols on a part-time course at the institution, but if he enrols on a full-time course at the institution he shall cease to be a member of the Corporation and thereupon his office shall become vacant.

(4) The Clerk to the Corporation shall be ineligible to be a member.

(5) Subject to paragraphs (6) and (7), a person shall be disqualified from holding, or from continuing to hold, office as a member, if that person has been adjudged bankrupt, or if he is the subject of a bankruptcy restrictions order, an interim bankruptcy restrictions order or a bankruptcy restrictions undertaking within the meaning of the Enterprise Act 2002(1) which amends the Insolvency Act 1986(2) or if he has made a composition or arrangement with his creditors, including an individual voluntary arrangement.

(6) Where a person is disqualified by reason of his having been adjudged bankrupt or his being the subject of a bankruptcy restrictions order, an interim bankruptcy restrictions order or a bankruptcy restrictions undertaking, that disqualification shall cease —

(a) on his discharge from bankruptcy, unless the bankruptcy order made against him has before then been annulled; or

(b) if the bankruptcy restrictions order of which he is the subject is rescinded as a result of an application under section 375 of the Insolvency Act 1986, on the date so ordered by the court; or

(c) if the interim bankruptcy restrictions order of which he is the subject is discharged by the court, on the date of that discharge; or

(d) if the bankruptcy restrictions undertaking of which he is the subject is annulled, at the date of that annulment.

(7) Where a person is disqualified by reason of his having made a composition or arrangement with his creditors, including an individual voluntary arrangement, and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease 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.

(8) (a) Subject to paragraph (b) a person shall be disqualified from holding, or from continuing to hold, office as a member if

(i) within 5 years before his appointment would otherwise have taken effect, or since his appointment, he has been convicted whether in the United Kingdom or elsewhere of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than 3 months without the option of a fine;

(ii) within 20 years before his appointment would otherwise have taken effect he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or

(iii) he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.

(b) For the purpose of this regulation there shall be disregarded 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.

(9) Upon a member of the Corporation becoming disqualified from continuing to hold office by virtue of paragraph (5) or (8), he shall forthwith give notice of the fact to the Clerk to the Corporation.

(1)

2002.c.40.

(2)

1986.c.45.