Employment and Training Act 1973

Section 1(5).

SCHEDULE 1 Additional provisions relating to constitution etc. of the Commission and Agencies

Tenure of office

1 Subject to paragraphs 2 to 4 of this Schedule, a person shall hold and vacate office as a member or the chairman or a deputy chairman in accordance with the terms of the instrument appointing him to that office.

2 A person may at any time resign his office as a member or the chairman or a deputy chairman by giving to the Secretary of State a notice in writing signed by that person and stating that he resigns that office.

3 (1) If a member becomes or ceases to be the chairman or a deputy chairman, the Secretary of State may vary the terms of the instrument appointing him to be a member so as to alter the date on which he is to vacate office as a member.

(2) If the chairman or a deputy chairman ceases to be a member he shall cease to be the chairman or a deputy chairman, as the case may be.

4 (1) If the Secretary of State is satisfied that a member—

(a) has been absent from meetings of the Commission for a period longer than six consecutive months without the permission of the Commission; or

(b) has become bankrupt or made an arrangement with his creditors ; or

(c) is incapacitated by physical or mental illness ; or

(d) is otherwise unable or unfit to discharge the functions of a member,

the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as the Secretary of State thinks fit; and thereupon the office shall become vacant.

(2) In the application of the preceding sub-paragraph to Scotland for the references in paragraph (b) to a member's having become bankrupt and to a member's having made an arrangement with his creditors there shall be substituted respectively references to sequestration of a member's estate having been awarded and to a member's having made a trust deed for behoof of his creditors or a composition contract.

Remuneration etc. of members

5 The Commission may pay to each member such remuneration and allowances as the Secretary of State may determine.

6 The Commission may pay or make provision for paying, to or in respect of any member, such sums by way of pensions, superannuation allowances and gratuities as the Secretary of State may determine.

7 Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Commission may make to him a payment of such amount as the Secretary of State may determine.

Proceedings

8 The quorum of the Commission and the arrangements relating to meetings of the Commission shall be such as the Commission may determine.

9 The validity of any proceedings of the Commission shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

Staff

10 (1) Subject to the following paragraph, the Commission may appoint such officers and servants as it may determine with the consent of the Secretary of State as to numbers and terms of employment ; and any reference in this Act to an employee of the Commission is a reference to a person appointed in pursuance of this sub-paragraph.

(2) Different numbers and terms of employment may be determined in pursuance of the preceding sub-paragraph in relation to employees or proposed employees of different categories.

11 (1) It shall be the duty of the Commission to make, before such date as the Secretary of State may determine, an offer of employment by the Commission to each person who is employed by the Secretary of State and whose name is notified to the Commission by the Secretary of State in pursuance of this sub-paragraph ; and the terms of the offer must be such that in the opinion of the Secretary of State they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed by the Secretary of State on the date on which the offer is made.

(2) An offer made in pursuance of the preceding sub-paragraph shall not be revocable during the period of three months beginning with the date on which the offer is made.

12 It shall be the duty of the Commission, except so far as it is satisfied that adequate machinery exists for achieving the purpose of this paragraph, to seek consultation with any organisation appearing to the Commission to be appropriate with a view to the conclusion between the Commission and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for—

(a) the settlement by negotiation of terms and conditions of employment of employees of the Commission, with pro vision for reference to arbitration in default of such a settlement in such cases as may be determined by or under the agreement; and

(b) the promotion and encouragement of measures affecting the safety, health and welfare of employees of the Commission and the discussion of other matters of mutual interest to the Commission and its employees, including efficiency in the performance of the Commission's functions.

Performance of functions

13 The Commission may authorise any member or employee of the Commission and, with the consent of the Secretary of State, any other person to perform on behalf of the Commission such of the Commission's functions (including the function conferred on the Commission by this paragraph) as are specified in the authorisation.

Accounts and reports

14 (1) It shall be the duty of the Commission—

(a) to keep proper accounts and proper records in relation to the accounts ;

(b) to prepare in respect of each accounting year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury ; and

(c) to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of November next following the accounting year to which the statement relates.

(2) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this Schedule and shall lay copies of each statement and of his report before each House of Parliament.

15 It shall be the duty of the Commission to make to the Secretary of State, as soon as possible after the end of each accounting year, a report on the performance of its functions during that year; and the Secretary of State shall lay before each House of Parliament a copy of each report made to him in pursuance of this paragraph.

Supplemental

16 For the purposes of section 2 of the [1911 c. 28.] Official Secrets Act 1911 (which among other things relates to the wrongful communication of information) a member and an employee of the Commission shall be deemed to hold an office under Her Majesty.

17 The Secretary of State shall not make a determination or give his consent in pursuance of paragraph 5, 6, 7 or 10(1) of this Schedule except with the approval of the Minister for the Civil Service.

18 The fixing of the common seal of the Commission shall be authenticated by the signature of the secretary of the Commission or some other person authorised by the Commission to act for that purpose.

19 A document purporting to be duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

20 In the preceding provisions of this Schedule—

(a) "accounting year" means the period of twelve months ending with 31st March in any year except that the first accounting year of the Commission shall, if the Secretary of State so directs, be such period shorter or longer than twelve months (but not longer than two years) as is specified in the direction; and

(b) " the chairman ", " a deputy chairman " and " a member " mean respectively the chairman, a deputy chairman and a member of the Commission.

Application to the Agencies etc.

21 (1) The preceding provisions of this Schedule shall have effect in relation to each of the Agencies as if—

(a) for any reference to the Commission there were substituted a reference to the Agency;

(b) for any reference to the Secretary of State in paragraphs 2 to 4, 13 and 20 and the first such reference in paragraph 7 there were substituted a reference to the Commission ;

(c) for any reference to the Secretary of State in paragraphs 5 to 7 (except the first such reference in paragraph 7) there were substituted a reference to the Commission acting with the consent of the Secretary of State;

(d) for any reference to the chairman there were substituted a reference to the director, and any reference to a deputy chairman were omitted;

(e) in paragraph 14(1)(c) for the words from " Secretary " to " following " there were substituted the words " Commission by such date as the Commission may direct after the end of "; and

(f) paragraph 15 were omitted.

(2) It shall be the duty of the Commission to include in or send with the copies of the statement sent by it as required by paragraph 14(l)(c) of this Schedule copies of the statement sent to it by each of the Agencies in pursuance of the said paragraph 14(1)(c) as adapted by the preceding sub-paragraph.

(3) The terms of an instrument appointing a person to be a member of either of the Agencies shall be such as the Commission may determine with the approval of the Secretary of State and the Minister for the Civil Service.