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The National Consumer Council |
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1 (1) | The Council is to consist of the following members— |
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(a) | a chairman (“the Council Chairman”) appointed by the Secretary of |
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(b) | the chairman of each territorial committee, and |
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(c) | such other members as may be appointed by the Secretary of State. |
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(a) | references to executive members of the Council are to the members |
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of the Council appointed from the staff of the Council, and |
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(b) | references to non-executive members of the Council are to the |
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members of the Council who are not executive members. |
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(3) | The Council Chairman must be a non-executive member of the Council. |
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(4) | The persons appointed under sub-paragraph (1)(c) may include one or both |
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(a) | a member of the Consumer Panel established by the Financial |
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Services Authority under the Financial Services and Markets Act |
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2000 (c. 8) nominated for the appointment by that Panel after |
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consultation with the Council Chairman and the Financial Services |
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(b) | a member of the Consumer Panel established by the Office of |
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Communications under the Communications Act 2003 (c. 21) |
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nominated for the appointment by that Panel after consultation with |
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the Council Chairman and the Office of Communications. |
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(5) | Nothing in sub-paragraph (4) prevents the Secretary of State from |
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appointing under sub-paragraph (1)(c) a person who is a member of either |
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Panel but is not the subject of a nomination for the purposes of sub- |
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(6) | A person may be appointed under sub-paragraph (1)(c) only if— |
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(a) | in the case of an appointment of a non-executive member, the |
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Secretary of State has consulted the Council Chairman about the |
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(b) | in the case of an appointment of an executive member, the person has |
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been nominated by the Council Chairman for appointment to the |
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(7) | In making appointments to the Council under sub-paragraph (1)(c) the |
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Secretary of State must secure that a majority of the members of the Council |
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are non-executive members. |
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(8) | In making appointments to the Council, the Secretary of State must have |
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regard to the desirability of including among the members of the Council |
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one or more persons with experience of work among, and the special needs |
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Terms of appointment and tenure of members |
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2 | Subject to this Schedule, a member of the Council— |
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(a) | is to hold and vacate office in accordance with the terms and |
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conditions of the member’s appointment, and |
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(b) | may resign or be removed from office in accordance with those terms |
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3 (1) | The Council may pay, or make provision for paying— |
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(a) | its non-executive members such remuneration as the Secretary of |
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(b) | any of its members such travelling and other allowances as the |
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Secretary of State may determine. |
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(a) | pay to or in respect of any person who is or has been a non-executive |
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member such pension, allowances or gratuities as the Secretary of |
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(b) | make such payments as the Secretary of State may determine |
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towards provision for the payment of a pension, allowance or |
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gratuity to or in respect of such a person. |
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4 (1) | A non-executive member must be appointed for a fixed period. |
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(2) | The period for which a non-executive member is appointed must not exceed |
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(3) | A person who has held office as a non-executive member may be re- |
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appointed as a non-executive member, once only, for a further period |
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(whether consecutive or not) not exceeding 5 years. |
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5 (1) | A person ceases to be a member of the Council if— |
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(a) | in the case of the Council Chairman, the person ceases to hold that |
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office or becomes a member of the staff of the Council; |
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(b) | in the case of a member within paragraph 1(1)(b), the person ceases |
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to be the chairman of a territorial committee; |
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(c) | in the case of any other non-executive member, the person becomes |
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a member of the staff of the Council; |
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(d) | in the case of an executive member, the person ceases to be a member |
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of the staff of the Council; |
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(e) | in the case of a non-executive member appointed by virtue of a |
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nomination within paragraph 1(4), the person ceases to be a member |
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of the Panel which made the nomination. |
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(2) | The Secretary of State may remove any person from office as chairman or |
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another member of the Council on the grounds that the person is unable, |
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unfit or unwilling to discharge the functions of the office. |
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(a) | a non-executive member ceases to be a member otherwise than on |
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the expiry of the member’s term of office, and |
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(b) | it appears to the Secretary of State that there are circumstances which |
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make it right for that person to receive compensation, |
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| the Council may make a payment to that person of such amount as the |
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Secretary of State may determine. |
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7 (1) | The Council is to employ a person as its Chief Executive. |
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(2) | The first appointment of a Chief Executive— |
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(a) | is to be made by the Secretary of State, and |
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(b) | is to be on such terms and conditions as are determined by the |
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(3) | Subsequent appointments of a Chief Executive— |
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(a) | are to be made by the Council with the approval of the Secretary of |
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(b) | are to be on such terms and conditions as are determined by the |
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Council with the approval of the Secretary of State. |
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8 (1) | The Council may appoint such other staff, on such terms and conditions, as |
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it considers appropriate. |
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(2) | The approval of the Secretary of State as to numbers and as to terms and |
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conditions of staff is required for the exercise by the Council of its powers |
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The Superannuation Act 1972 |
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9 (1) | The persons to whom section 1 of the Superannuation Act 1972 (c. 11) |
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(persons to or in respect of whom benefits may be provided by schemes |
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under that section) applies are to include the Chief Executive and the other |
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employees of the Council. |
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(2) | Accordingly, in Schedule 1 to that Act (employment to which |
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superannuation schemes may extend), in the list of other bodies, at the |
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appropriate place insert— |
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“The National Consumer Council established under the Consumers, |
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Estate Agents and Redress Act 2007.” |
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(3) | The Council must pay to the Minister for the Civil Service, at such times as |
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that Minister may direct, such sums as that Minister may determine in |
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respect of the increase attributable to sub-paragraph (1) in the sums payable |
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out of money provided by Parliament under that Act. |
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Arrangements for assistance |
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10 (1) | The Council may make arrangements with such persons as it considers |
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appropriate for assistance to be provided to it. |
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(2) | Arrangements may include the paying of fees to such persons. |
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Territorial, regional and other committees |
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Constitution of territorial committees |
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11 (1) | A territorial committee is to consist of a chairman, and such other members, |
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as the Secretary of State may appoint. |
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(a) | references to executive members of a territorial committee are to the |
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members of the committee appointed from the staff of the Council, |
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(b) | references to non-executive members of a territorial committee are to |
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the members who are not executive members of the committee. |
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(3) | The chairman of a territorial committee must be a non-executive member of |
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(4) | In appointing persons to a territorial committee the Secretary of State must |
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secure that a majority of the members of the committee are non-executive |
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(5) | Before appointing a person as a non-executive member of a territorial |
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committee the Secretary of State must consult— |
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(a) | the Council Chairman, |
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(b) | except where the appointment is as chairman, the chairman of the |
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(c) | in the case of the Scottish Consumer Council, the Scottish Ministers, |
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(d) | in the case of the Welsh Consumer Council, the Welsh Ministers, |
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(6) | A person may be appointed as an executive member of a territorial |
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committee only if the person has been nominated for the appointment by the |
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Council Chairman, after consultation with the chairman of the territorial |
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(7) | In making appointments to a territorial committee, the Secretary of State |
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must have regard to the desirability of including among the members of the |
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committee one or more persons with experience of work among, and the |
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special needs of, disabled persons. |
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12 (1) | The Council may, with the approval of the Secretary of State, establish one |
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or more committees for areas within the United Kingdom. |
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(2) | In this Schedule references to a “regional committee” are to a committee |
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established under sub-paragraph (1). |
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(3) | The purposes of a regional committee are— |
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(a) | the provision of advice and information to the Council about such |
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consumer matters affecting the area for which the committee is |
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established as may be specified by the Council, and |
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(b) | such other purposes as the Council may determine. |
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(4) | The Council may not abolish a regional committee, or alter the area for |
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which a regional committee is established, except with the approval of the |
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(5) | If the Council proposes to do anything mentioned in sub-paragraph (1) or |
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(4), it must, after consulting the Secretary of State, give notice— |
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(a) | describing its proposals, and |
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(b) | specifying the period (not being less than 2 months) starting with the |
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date of the notice within which representations may be made with |
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respect to the proposals, |
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| and consider any representations that are duly made and not withdrawn. |
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(6) | A notice under sub-paragraph (5) must be given by publishing it in such |
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manner as the Council considers appropriate for bringing the proposals to |
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the attention of those likely to be affected by them. |
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(7) | The Secretary of State may not give his approval under sub-paragraph (4) |
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until after the period specified in the notice under sub-paragraph (5). |
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Constitution of regional committees |
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13 (1) | A regional committee is to consist of a chairman, and such other members, |
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as the Council may appoint. |
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(a) | references to executive members of a regional committee are to the |
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members of the committee appointed from the staff of the Council, |
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(b) | references to non-executive members of a regional committee are to |
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the members who are not executive members of the committee. |
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(3) | The chairman of a regional committee must be a non-executive member of |
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(4) | In appointing persons to a regional committee the Council must secure that |
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a majority of the members of the committee are non-executive members. |
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(5) | In making appointments to a regional committee, the Council must have |
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regard to the desirability of including among the members of the committee |
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one or more persons with experience of work among, and the special needs |
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14 | The Council may establish such other committees as it considers |
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General provision about committees |
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15 (1) | In this paragraph and paragraphs 16 and 17 “committee” means— |
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(a) | a territorial committee, |
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(b) | a regional committee, or |
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(c) | a committee established under paragraph 14. |
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(2) | A committee may establish sub-committees. |
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(3) | The members of a committee or sub-committee may include persons who |
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are not members of the Council. |
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(4) | The members of a sub-committee established by a committee may include |
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persons who are not members of the committee. |
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16 | Subject to this Schedule, a member of a committee— |
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(a) | is to hold and vacate office in accordance with the terms and |
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conditions of the member’s appointment, and |
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(b) | may resign or be removed from office in accordance with those terms |
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(a) | pay to any non-executive member of a committee or sub-committee, |
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such remuneration as the Secretary of State may determine; |
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(b) | pay to any member of a committee or sub-committee, such travelling |
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and other allowances as the Secretary of State may determine. |
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(2) | For the purposes of sub-paragraph (1), the non-executive members of a |
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committee established under paragraph 14 or a sub-committee are such of |
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its members as are not also members of the staff of the Council. |
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(a) | pay to or in respect of any person who is or has been a non-executive |
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member of a territorial committee such pension, allowances or |
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gratuities as the Secretary of State may determine, or |
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(b) | make such payments as the Secretary of State may determine |
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towards provision for the payment of a pension, allowance or |
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gratuity to or in respect of such a person. |
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18 (1) | A non-executive member of a territorial or regional committee must be |
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appointed for a fixed period. |
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(2) | The period for which a non-executive member of a territorial or regional |
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committee is appointed must not exceed 5 years. |
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(3) | A person who has held office as a non-executive member of a territorial or |
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regional committee may be re-appointed as a non-executive member of that |
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committee, once only, for a further period (whether consecutive or not) not |
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19 (1) | A person ceases to be a member of a territorial or regional committee |
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(a) | in the case of the chairman of the committee, the person ceases to |
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hold that office or becomes a member of the staff of the Council; |
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(b) | in the case of any other non-executive member, the person becomes |
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a member of the staff of the Council; |
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(c) | in the case of an executive member, the person ceases to be a member |
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of the staff of the Council. |
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(2) | The Secretary of State may remove any person from office as chairman or |
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another member of a territorial committee on the grounds that the person is |
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unable, unfit or unwilling to discharge the functions of the office. |
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(a) | a non-executive member of a territorial committee ceases to be a |
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member of the committee otherwise than on the expiry of the |
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member’s term of office, and |
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(b) | it appears to the Secretary of State that there are circumstances which |
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make it right for that person to receive compensation, |
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| the Council may make a payment to that person of such amount as the |
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Secretary of State may determine. |
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21 | The Council may regulate— |
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(a) | its own procedure (including quorum), and |
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(b) | the procedure (including quorum) of its committees and sub- |
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22 | The validity of any act of the Council is not affected by— |
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(a) | any vacancy among the members of the Council or of any of its |
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committees or sub-committees, or |
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(b) | any defect in the appointment of any member of the Council or of |
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any of its committees or sub-committees, or any disqualification of a |
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person as chairman or another member of the Council. |
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23 (1) | The Council may authorise— |
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(a) | the Council Chairman or any other member of the Council, |
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(b) | any of its committees or sub-committees, or |
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(c) | the Chief Executive or any other member of staff, |
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| to exercise, on behalf of the Council, such of its functions, in such |
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circumstances, as the Council may determine. |
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(2) | Any committee established by the Council may delegate functions |
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(including functions delegated to the committee) to— |
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(a) | the Council Chairman or any other member of the Council, |
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(b) | any member of the committee, |
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(c) | a sub-committee of the committee, or |
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