§ 83 — Directive prohibiting foreign membership, responsible officer, etc.

83.—(1) A directive under this section may be given by a competent authority only to any Part 4 politically significant entity.(2) A competent authority may give a directive to a Part 4 politically significant entity prohibiting the Part 4 politically significant entity —(a)

from appointing or reappointing as a responsible officer of the Part 4 politically significant entity, an individual who is —(i)

a foreigner; or

(ii)

a particular foreigner specified in the directive; or

(b)

from permitting to act as a responsible officer of the Part 4 politically significant entity, an individual who is —(i)

a foreigner; or

(ii)

a particular foreigner specified in the directive.

(3) A competent authority may give a directive to a Part 4 politically significant entity prohibiting the Part 4 politically significant entity from accepting as a member of the Part 4 politically significant entity, an individual who is a foreigner, or a particular foreigner specified in the directive.

(4) A directive under subsection (2) or (3) may, in particular, direct the Part 4 politically significant entity —(a)

to suspend for a period specified in the directive, a particular foreigner from the exercise of his or her office, employment or membership (as the case may be) pending consideration being given to the foreigner’s removal (whether under this section or otherwise) from his or her office, employment or membership; or

(b)

to remove, within the period specified in the directive, a particular foreigner from his or her office, employment or membership.

(5) However, a period of suspension under subsection (4)(a) must not exceed 24 months.

(6) For the purposes of this section, “appointing” includes appointing on an acting or a temporary basis.

—(1) A directive under this section may be given by a competent authority only to any Part 4 politically significant entity.

(2) A competent authority may give a directive to a Part 4 politically significant entity prohibiting the Part 4 politically significant entity —(a)

from appointing or reappointing as a responsible officer of the Part 4 politically significant entity, an individual who is —(i)

a foreigner; or

(ii)

a particular foreigner specified in the directive; or

(b)

from permitting to act as a responsible officer of the Part 4 politically significant entity, an individual who is —(i)

a foreigner; or

(ii)

a particular foreigner specified in the directive.

(3) A competent authority may give a directive to a Part 4 politically significant entity prohibiting the Part 4 politically significant entity from accepting as a member of the Part 4 politically significant entity, an individual who is a foreigner, or a particular foreigner specified in the directive.

(4) A directive under subsection (2) or (3) may, in particular, direct the Part 4 politically significant entity —(a)

to suspend for a period specified in the directive, a particular foreigner from the exercise of his or her office, employment or membership (as the case may be) pending consideration being given to the foreigner’s removal (whether under this section or otherwise) from his or her office, employment or membership; or

(b)

to remove, within the period specified in the directive, a particular foreigner from his or her office, employment or membership.

(5) However, a period of suspension under subsection (4)(a) must not exceed 24 months.

(6) For the purposes of this section, “appointing” includes appointing on an acting or a temporary basis.