Local Government Act 1958

Section 17.

FOURTH SCHEDULE Constitution and Proceedings of Local Government Commissions

Constitution

1 (1) The Commissions shall be bodies corporate by the respective names of the Local Government Commission for England and the Local Government Commission for Wales.

(2) Each of the Commissions shall consist of a chairman, a deputy chairman, and not more than five other members.

(3) At least one of the members of the Local Government Commission for Wales shall be a person able to speak the Welsh language.

2 (1) The members of the Commissions shall be appointed by Her Majesty, and shall hold and vacate office in accordance with the terms of their respective appointments.

(2) A person who has ceased to be a member of either of the Commissions shall be eligible for re-appointment.

3 Part II of the First Schedule to the House of Commons Disqualification Act, 1957 (which specifies certain commissions, tribunals and other bodies all members of which are disqualified under that Act) shall have effect, in its application to the House of Commons of the Parliament of the United Kingdom, as if after the entry relating to the Leather Industries Export Corporation there were inserted:—

• “The Local Government Commission for England

• The Local Government Commission for Wales”.

4 There shall be paid to a member of either of the Commissions such salary or fees and allowances as may be from time to time determined by the Treasury.

5 Each of the Commissions shall have a common seal, which shall be authenticated by the signature of a member of the Commission or of some other person authorised in that behalf by the Commission.

Capacity and proceedings

6 Each of the Commissions shall have power to act notwithstanding a vacancy among the members thereof, and at any meeting three shall be the quorum.

7 All acts done at a meeting of either of the Commissions shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member thereof, be as valid as if the defect had not existed.

8 Each of the Commissions may delegate, either to a member or members of the Commission or to a person appointed by the Commission for the purpose, any of their functions under this Act other than the preparation and formulation of proposals and the preparation of a report.

9 Subject to the foregoing provisions of this Schedule, and to any regulations made or directions given under Part II of this Act, the procedure of each of the Commissions shall be such as the Commission may from time to time determine.

Officers and servants, and remuneration and expenses

10 Each of the Commissions may appoint a secretary and such number of officers and servants as may be determined by the Commission after consultation with the Minister and with the consent of the Treasury, and there shall be paid to the secretary, officers and servants of each of the Commissions such salaries, fees and allowances as may be so determined.

11 The expenses of each of the Commissions, and the salaries, fees and allowances of their members and their secretary, officers and servants, shall be defrayed out of moneys provided by Parliament.

Proof of documents

12 (1) Every document purporting to be an instrument made or issued by either of the Commissions and to be duly sealed with the seal of the Commission or to be signed by the secretary, or any person authorised to act in that behalf, shall be received in evidence, and shall, unless the contrary is proved, be deemed to be an instrument made or issued by the Commission.

(2) Prima facie evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified to be a true copy of the instrument by or on behalf of the secretary.