Office of Public Sector Information
Regulation 16
1.—(1) A person is disqualified from holding or from continuing to hold office as a member at any time when he is a registered pupil at a unit.
(2) No person is qualified to be a member unless he is aged 18 or over at the date of his election or appointment.
2. Except as otherwise provided in these Regulations, the fact that a person is qualified to be elected or appointed as a member of a particular category does not disqualify him from election or appointment or from continuing as a member of any other category.
3. A person is disqualified from holding or from continuing to hold office as a member at any time when he is detained under the Mental Health Act 1983(6).
4.—(1) This paragraph applies to any member who is not a member of the committee by virtue of his office.
(2) A member who, without the consent of the committee, has failed to attend their meetings for a continuous period of six months beginning with the date of the first such meeting he failed to attend, is, on the expiry of that period, disqualified from continuing to hold office as a member of that committee.
5. A person is disqualified from holding or continuing to hold office as a member, if—
(a) his estate has been sequestrated and the sequestration has not been discharged, annulled or reduced; or
(b) he is the subject of a bankruptcy restrictions order(7) or an interim bankruptcy restrictions order.
6. A person is disqualified from holding, or from continuing to hold, office as a member at any time when he is subject to—
(a) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986(8),
(b) a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989(9),
(c) a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002(10), or
(d) an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).
7. A person is disqualified from holding or from continuing to hold office as a member if—
(a) he has been removed from the office of trustee for a charity by an order made by the Charity Commissioners, the Charity Commission for England and Wales, or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or to which he contributed or which he facilitated by his conduct; or
(b) he has been removed, under section 34 of the Charities and Trustee Investment (Scotland) Act 2005(11) (Powers of Court of Session), from being concerned in the management or control of any body.
8. A person is disqualified from holding or from continuing to hold office as a member at any time when he is—
(a) included in the list kept under section 1 of the Protection of Children Act 1999(12) (list of those considered by the Secretary of State as unsuitable to work with children);
(b) subject to a direction of the Secretary of State under section 142 of the Education Act 2002(13) (or any other disqualification, prohibition or restriction which takes effect as if contained in such a direction);
(c) disqualified from working with children under sections 28, 29 or 29A of the Criminal Justice and Court Services Act 2000(14);
(d) disqualified from registration under Part 10A of the Children Act 1989(15) for child minding or providing day care; or
(e) disqualified from registration under Part 3 of the Childcare Act 2006(16).
9.—(1) Subject to sub-paragraph (5) below, a person is disqualified from holding, or continuing to hold, office as a member where any of sub-paragraphs (2) to (4) or (6) below apply to him.
(2) This sub-paragraph applies to a person if—
(a) within the period of five years ending with a date immediately preceding the date on which his appointment or election as member would otherwise have taken effect or, as the case may be, on which he would otherwise have become a member by virtue of his office, or
(b) since his appointment or election as member or, as the case may be, since he became a member by virtue of his office,
he has been convicted, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine.
(3) This sub-paragraph applies to a person if within the period of 20 years ending with the date immediately preceding the date on which his appointment or election as member would otherwise have taken effect or, as the case may be, on which he would otherwise have become a member by virtue of his office, he has been convicted of any offence and has had passed on him a sentence of imprisonment for a period of not less than two and a half years.
(4) This sub-paragraph applies to a person if he has at any time been convicted of any offence and he has had passed on him a sentence of imprisonment for a period of not less than five years.
(5) For the purposes of sub-paragraphs (2) to (4) above, references to a conviction are references to a conviction whether in the United Kingdom or elsewhere but any conviction by or before a court outside the United Kingdom of an offence which, if the facts giving rise to the offence 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.
(6) This sub-paragraph applies to a person if—
(a) within the period of five years ending with the date immediately preceding the date on which his appointment or election as member would otherwise have taken effect or, as the case may be, on which he would otherwise have become a member by virtue of his office, or
(b) since his appointment or election as member, as the case may be, since he became a member by virtue of his office,
he has been convicted under section 547 of the Education Act 1996(17) or under section 85A of the Further and Higher Education Act 1992(18) (nuisance and disturbance on educational premises) of an offence and has been sentenced to a fine.
10. A person is disqualified from holding or continuing to hold office as a member at any time when he refuses a request by the clerk to the committee to make an application under section 113A of the Police Act 1997(19) for a criminal records certificate.
11. Where, by virtue of any paragraphs 5 to 9—
(a) a person is disqualified from holding, or for continuing to hold, office as a member; and
(b) he is, or is proposed to become, a member,
he must give notice of that fact to the clerk to the committee.
1983 c. 20. Back [6]
By virtue of paragraph 8 of Schedule 4A to the Insolvency Act 1986 (c.45), reference to a person who is the subject of a bankruptcy restrictions order includes reference to a person in respect of whom a bankruptcy restrictions undertaking has effect. Back [7]
1986 c. 46; as amended by the Insolvency Act 2000 (c. 39). Back [8]
S.I. 1989/2404 (N.I. 18). This has been prospectively repealed by the Companies Act 2006. Back [9]
S.I. 2002/3150 (N.I. 4). Back [10]
1999 c. 14; as amended by the Care Standards Act 2000 (c. 14). Back [12]
2000 c. 43. Section 29A is inserted by the Criminal Justice Act 2003 (c.44). Back [14]
1989 c. 41. Part 10A is inserted by the Care Standards Act 2000 and amended by the Childcare Act 2006 (c.21). Back [15]
As amended by the School Standards and Framework Act and by section 206 and Schedule 20 of the Education Act 2002. Back [17]
1992 c. 13; inserted by section 206 and Schedule 20 of the Education Act 2002. Back [18]
1997 c. 50; as amended by the Protection of Children Act 1999, the Care Standards Act 2000 and the Education Act 2002. Section 113A was inserted by section 163(2) of the Serious Organised Crime Act 2005 (c. 15) and amended by paragraph 14 of Part 2 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47). Back [19]
The Education (Pupil Referral Units) (Management Committees Etc.) (England) Regulations 2007