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Commission for Rural Communities |
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1 | The Commission is to be a body corporate. |
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2 | The Commission is not to be regarded— |
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(a) | as a servant or agent of the Crown, or |
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(b) | as enjoying any status, privilege or immunity of the Crown, |
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| and the Commission’s property is not to be regarded as property of, or held |
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3 (1) | The Commission is to consist of— |
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(a) | a chairman appointed by the Secretary of State, and |
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(b) | not less than 8 nor more than 15 other members appointed by the |
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(2) | The Secretary of State must consult the chairman before appointing the other |
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(3) | In appointing a person to be a member, the Secretary of State must have |
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regard to the desirability of appointing a person who has experience of, and |
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has shown some capacity in, some matter relevant to the exercise of the |
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(4) | The Secretary of State may by order amend sub-paragraph (1)(b) so as |
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to substitute a different number for a number specified there. |
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(5) | The power to make an order under sub-paragraph (4) is exercisable by |
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(6) | A statutory instrument containing such an order is subject to annulment in |
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pursuance of a resolution of either House of Parliament. |
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4 | The Secretary of State may appoint one of the members to be deputy |
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5 | Subject to paragraphs 6 to 8, a member holds and vacates office in |
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accordance with the terms of his appointment. |
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6 | A member may resign by giving written notice to the Secretary of State. |
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7 | The Secretary of State may remove a member who— |
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(a) | has been absent from meetings of the Commission for a period |
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longer than 6 months without the permission of the Commission, |
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(b) | has become bankrupt or has made an arrangement with his creditors |
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or has had his estate sequestrated in Scotland, or |
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(c) | in the opinion of the Secretary of State is otherwise unable or unfit to |
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8 | A person ceases to be chairman or deputy chairman if he— |
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(a) | resigns that office by giving written notice to the Secretary of State, or |
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(b) | ceases to be a member. |
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(a) | ceases to be a member, or |
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(b) | ceases to be chairman or deputy chairman, |
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| is eligible for reappointment to that office. |
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Remuneration and pensions etc. |
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10 | The Commission may pay to the members such remuneration and |
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allowances as the Secretary of State may determine. |
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11 | If required to do so by the Secretary of State, the Commission must— |
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(a) | pay such pensions, gratuities or allowances to or in respect of any |
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member as the Secretary of State may determine; |
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(b) | pay such sums as the Secretary of State may determine towards |
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provision for the payment of pensions, gratuities or allowances to or |
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in respect of any member. |
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12 (1) | This paragraph applies if— |
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(a) | a person ceases to be a member, and |
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(b) | it appears to the Secretary of State that there are special |
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circumstances which make it appropriate for the person to receive |
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(2) | The Secretary of State may require the Commission to pay the person such |
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amount as the Secretary of State may determine. |
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13 (1) | The Commission must appoint a person to be chief executive, but may only |
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appoint a person who has been approved by the Secretary of State. |
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(2) | The chief executive is an employee of the Commission. |
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(3) | The Secretary of State may appoint the first chief executive. |
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14 | The Commission may appoint other employees. |
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15 | If required to do so by the Secretary of State, the Commission must— |
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(a) | pay such pensions, gratuities or allowances to or in respect of any |
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employee as the Secretary of State may determine; |
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(b) | pay such sums as the Secretary of State may determine towards |
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provision for the payment of pensions, gratuities or allowances to or |
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in respect of any employee. |
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16 (1) | Employment with the Commission is to be included among the kinds of |
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employment to which a scheme under section 1 of the Superannuation Act |
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(2) | The Commission must pay to the Minister for the Civil Service, at such times |
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as he may direct, such sums as he may determine in respect of any increase |
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attributable to sub-paragraph (1) in the sums payable out of money |
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provided by Parliament under that Act. |
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17 | The Commission may determine its own procedure (including quorum). |
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18 | No proceeding is invalidated by— |
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(a) | a vacancy in the office of chairman, or |
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(b) | any defect in the appointment of any member. |
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19 (1) | The Commission may authorise a committee, sub-committee, member or |
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employee of the Commission to exercise any of the Commission’s functions. |
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(2) | Sub-paragraph (1) does not prevent the Commission from exercising the |
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function itself or affect the power of the Commission to authorise an |
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employee to carry out functions of the Commission. |
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Membership of committees and sub-committees |
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20 (1) | A committee or sub-committee may include persons who are not members |
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(2) | The Commission may pay such remuneration and allowances as the |
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Secretary of State may determine to any person who— |
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(a) | is a member of a committee or sub-committee, but |
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(b) | is not a member or employee of the Commission. |
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Application of seal and proof of documents |
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21 (1) | The application of the Commission’s seal must be authenticated by the |
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(a) | a member of the Commission who is authorised (generally or |
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specially) for that purpose, or |
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(b) | an employee who is so authorised. |
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(2) | A document purporting to be duly executed under the seal of the |
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(a) | is to be received in evidence, and |
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(b) | is to be treated as so executed unless the contrary is shown. |
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22 (1) | For each financial year, the Commission must— |
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(a) | prepare an annual report on how it has discharged its functions |
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(b) | send a copy of the report to the Secretary of State within such period |
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as the Secretary of State directs. |
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(2) | In this paragraph and paragraph 23, “financial year” means— |
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(a) | the period beginning with the day on which the Commission is |
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established and ending with the next 31st March, and |
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(b) | each subsequent period of 12 months ending with 31st March. |
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23 (1) | The Commission must keep proper accounts and proper records in relation |
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(2) | For each financial year, the Commission must— |
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(a) | prepare a statement of accounts in respect of that financial year, and |
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(b) | send copies of the statement to the Secretary of State and the |
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Comptroller and Auditor General within such period as the |
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Secretary of State directs. |
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(3) | The statement must be in such form as the Secretary of State may direct. |
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(4) | The Comptroller and Auditor General must— |
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(a) | examine, certify and report on the statement, and |
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(b) | send a copy of the certified statement and of his report to the |
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Secretary of State as soon as possible. |
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24 | The Secretary of State must lay before each House of Parliament a document |
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(a) | a copy of the report sent under paragraph 22(1), and |
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(b) | a copy of the statement and report sent under paragraph 23(4). |
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25 (1) | The Commission must provide the Secretary of State with such information |
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as he may require relating to the Commission’s property or to the discharge |
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or proposed discharge of its functions. |
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(2) | The Commission must also— |
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(a) | permit any person authorised by the Secretary of State to inspect and |
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make copies of any accounts or other documents of the Commission, |
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(b) | provide such explanation of them as that person or the Secretary of |
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Creation and apportionment of property, rights and liabilities etc. |
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(a) | create for the transferor interests in or rights over property |
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transferred by virtue of the scheme; |
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(b) | create for the transferee interests in or rights over property retained |
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(c) | create rights or liabilities between the transferor and the transferee. |
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2 (1) | A scheme may provide for the transfer of property, rights or liabilities that |
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would not otherwise be capable of being transferred or assigned. |
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(2) | In particular, it may provide for the transfer to take effect regardless of a |
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contravention, liability or interference with an interest or right that would |
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otherwise exist by reason of a provision having effect in relation to the terms |
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on which the transferor is entitled to the property or right, or subject to the |
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(3) | It does not matter whether the provision referred to in sub-paragraph (2) has |
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effect under an enactment or an agreement or in any other way. |
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3 | A certificate by the Secretary of State that anything specified in the certificate |
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has vested in any person by virtue of a scheme is conclusive evidence for all |
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4 (1) | This paragraph applies if rights and liabilities under a contract of |
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employment are transferred by virtue of a scheme. |
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(2) | The contract of employment— |
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(a) | is not terminated by the transfer, and |
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(b) | has effect from the transfer date as if made between the employee |
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(3) | The rights, powers, duties and liabilities of the transferor under or in |
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connection with the contract are transferred to the transferee on the transfer |
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(4) | Anything done before the transfer date by or in relation to the transferor in |
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respect of the contract or the employee is to be treated from that date as |
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having been done by or in relation to the transferee. |
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(5) | This paragraph is subject to paragraph 5. |
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5 (1) | Rights and liabilities under a contract of employment are not transferred |
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under this Schedule if the employee informs the transferor or transferee that |
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he objects to the transfer. |
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(2) | If the employee informs the transferor or transferee that he objects— |
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(a) | his contract of employment is terminated immediately before the |
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(b) | he is not to be treated, for any purpose, as having been dismissed by |
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6 | Nothing in this Schedule affects any right a person has to terminate his |
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contract of employment if (apart from the change of employer) a substantial |
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change is made to his detriment in his working conditions. |
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Civil servants treated as employed under a contract of employment etc. |
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7 (1) | This Schedule applies with the following modifications in relation to |
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employment in the civil service of the State on terms which do not constitute |
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a contract of employment. |
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(2) | In the case of an individual who holds employment in the civil service of the |
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State immediately before the transfer date— |
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(a) | he is to be treated as employed by virtue of a contract of |
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(b) | the terms of that employment are to be regarded as constituting the |
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terms of that contract, and |
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(c) | the reference in paragraph 5 to dismissal by the transferor is to |
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termination of that employment. |
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(3) | In the case of an individual who is to hold employment in the civil service of |
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the State on and after the transfer date, the terms and conditions of his |
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contract of employment immediately before that date have effect on and |
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after that date as if they were terms and conditions of his employment in the |
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civil service of the State. |
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8 | A scheme may contain provision for the payment of compensation by the |
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Secretary of State to any person whose interests are adversely affected by it. |
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9 | A transfer under this Schedule does not affect the validity of anything done |
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by or relation to the transferor before the transfer takes effect. |
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(a) | is done by the transferor for the purposes of or otherwise in |
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connection with anything transferred by virtue of a scheme, and |
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(b) | is in effect immediately before the transfer date, |
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| is to be treated as done by the transferee. |
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11 | There may be continued by or in relation to the transferee anything |
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(including legal proceedings)— |
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(a) | which relates to anything transferred by virtue of a scheme, and |
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(b) | which is in the process of being done by or in relation to the |
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transferor immediately before the transfer date. |
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12 (1) | This paragraph applies to any document— |
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(a) | which relates to anything transferred by virtue of a scheme, and |
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(b) | which is in effect immediately before the transfer date. |
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(2) | Any references in the document to the transferor are to be read as references |
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13 | A scheme may include supplementary, incidental, transitional and |
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Joint Nature Conservation Committee |
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1 (1) | The joint committee is to consist of 14 members— |
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(a) | a chairman appointed by the Secretary of State, |
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(b) | 5 members appointed by the Secretary of State, |
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(c) | the chairman or deputy chairman of each of the GB conservation |
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bodies and one other member of each of those bodies appointed by |
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(d) | the chairman of the Council for Nature Conservation and the |
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Countryside and one other member of the Council appointed by the |
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relevant Northern Ireland department. |
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(2) | The joint committee may appoint a member to be deputy chairman. |
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2 | The members appointed by the Secretary of State must not be members of |
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the UK conservation bodies. |
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3 (1) | The members appointed by the Secretary of State must be persons appearing |
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to the Secretary of State to have experience in or scientific knowledge of |
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(2) | Before appointing members under paragraph 1(1)(b), the Secretary of State |
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(b) | such persons having scientific knowledge of nature conservation as |
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the Secretary of State thinks appropriate. |
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Term of office of members appointed by Secretary of State |
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4 | Subject to paragraphs 5 and 6, a member appointed by the Secretary of State |
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holds and vacates office in accordance with the terms of his appointment. |
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5 | A member appointed by the Secretary of State may resign by giving him |
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6 | The Secretary of State may remove a member appointed by him who— |
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(a) | has been absent from meetings of the joint committee for a period |
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longer than 6 months without the permission of the joint committee, |
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(b) | has become bankrupt or made an arrangement with his creditors, or |
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has had his estate sequestrated in Scotland, or |
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(c) | in the opinion of the Secretary of State is otherwise unable or unfit to |
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Remuneration and allowances etc. |
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7 | The joint committee must pay to the members appointed by the Secretary of |
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State such remuneration and allowances as the Secretary of State may |
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8 | If required to do so by the Secretary of State, the joint committee must— |
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(a) | pay such pensions, gratuities or allowances to or in respect of the |
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chairman as the Secretary of State may determine, or |
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(b) | pay such sums as the Secretary of State may determine towards |
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provision for the payment of pensions, gratuities or allowances to or |
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in respect of the chairman. |
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9 (1) | This paragraph applies if— |
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(a) | a person ceases to be chairman, and |
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(b) | it appears to the Secretary of State that there are special |
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circumstances which make it appropriate for the person to receive |
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(2) | The Secretary of State may require the joint committee to pay the person |
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such sum as the Secretary of State may determine. |
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