The Education (Company Directors Disqualification Act 1986: Amendments to Disqualification Provisions) (England) Regulations 2004

• Citation: S.I. 2004/3264
• Sections: 7

Section 1 Citation, commencement and interpretation

These Regulations may be cited as the Education (Company Directors Disqualification Act 1986: Amendments to Disqualification Provisions) (England) Regulations 2004 and shall come into force on 28th January 2005.

Section 2 Disqualification Provisions

The Schedule to these Regulations (which makes amendments to provisions relating to the grounds on which individuals are disqualified from holding certain offices under education legislation) shall have effect.

Section 1 Education (Foundation Body) (England) Regulations 2000 ( S.I. 2000/2872 )

For paragraph 3 of Schedule 4 (disqualification for holding office) to the Education (Foundation Body) (England) Regulations 2000 there is substituted—

(3) A person shall be disqualified from holding, or from continuing to hold, office as a member of a foundation body at any time when he is subject to—

(a) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986,

(b) a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989,

(c) a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002, or

(d) an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).

Section 2 School Companies Regulations 2002 (S.I. 2002/2978 )

For paragraph 3 of Schedule 1 (individuals who cannot be members of a school company) to the School Companies Regulations 2002 there is substituted—

(3) A person who is subject to—

(a) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986,

(b) a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989, or

(c) a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002.

Section 3 School Companies (Private Finance Initiative Companies) Regulations 2002 (S.I. 2002/3177 )

For paragraph 3 of Schedule 1 (individuals who cannot be members of a school PFI company) to the School Companies (Private Finance Initiative Companies) Regulations 2002 there is substituted—

(3) A person who is subject to—

(a) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986,

(b) a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989, or

(c) a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002.

Section 4 School Governance (Constitution) (England) Regulations 2003 (S.I. 2003/348 )

For paragraph 7 of Schedule 6 (qualifications and disqualifications) to the School Governance (Constitution) (England) Regulations 2003 there is substituted—

(7) A person is disqualified from holding, or from continuing to hold, office as a governor of a school at any time when he is subject to—

(a) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986,

(b) a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989,

(c) a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002, or

(d) an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).

Section 5 New Schools (General) (England) Regulations 2003 (S.I. 2003/1558 )

For paragraph 6 of Schedule 2 (qualifications and disqualifications) to the New Schools (General) (England) Regulations 2003 there is substituted—

(6) A person shall be disqualified from holding, or from continuing to hold, office as a temporary governor of a new school at any time when he is subject to—

(a) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986,

(b) a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989,

(c) a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002, or

(d) an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).