§ 11 — Membership disqualification

11.—(1) In appointing members of the Authority, the Minister must have regard to whether the members of the Authority will collectively possess the appropriate knowledge, skills and experience for the Authority to perform its functions effectively.(2) However, the following individuals are disqualified from being a member of the Authority:(a)

an undischarged bankrupt or an individual who has an arrangement with any of his or her creditors;

(b)

a Judge or judicial officer;

(c)

an individual who has been sentenced to imprisonment for a term of 6 months or more, and has not received a free pardon;

(d)

an individual who is —(i)

disqualified under section 154(1) of the Companies Act 1967 from acting as a director, or taking part (whether directly or indirectly) in the management, of a company during the period of disqualification in that section; or

(ii)

disqualified from being a director or in any way, whether directly or indirectly, being concerned in, or from taking part in, the management of a company by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 during the period of disqualification in the court order;

(e)

an individual —(i)

who lacks capacity in respect of his or her duties as a member within the meaning of the Mental Capacity Act 2008; or

(ii)

in respect of whom an order is made under section 10 of the Mental Health (Care and Treatment) Act 2008.

—(1) In appointing members of the Authority, the Minister must have regard to whether the members of the Authority will collectively possess the appropriate knowledge, skills and experience for the Authority to perform its functions effectively.

(2) However, the following individuals are disqualified from being a member of the Authority:(a)

an undischarged bankrupt or an individual who has an arrangement with any of his or her creditors;

(b)

a Judge or judicial officer;

(c)

an individual who has been sentenced to imprisonment for a term of 6 months or more, and has not received a free pardon;

(d)

an individual who is —(i)

disqualified under section 154(1) of the Companies Act 1967 from acting as a director, or taking part (whether directly or indirectly) in the management, of a company during the period of disqualification in that section; or

(ii)

disqualified from being a director or in any way, whether directly or indirectly, being concerned in, or from taking part in, the management of a company by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 during the period of disqualification in the court order;

(e)

an individual —(i)

who lacks capacity in respect of his or her duties as a member within the meaning of the Mental Capacity Act 2008; or

(ii)

in respect of whom an order is made under section 10 of the Mental Health (Care and Treatment) Act 2008.