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SCHEDULES

SCHEDULE 1E+W+S The Forestry Commission and its Staff

Modifications etc. (not altering text)

C1Sch. 1: functions exercisable by the Minister for Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly transferred (27.3.2002) to the Secretary of State by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 3(5) (with art. 6)

Part IF6E+W+S Administration

Textual Amendments applied to the whole legislation

Non-textual amendments applied to the whole Legislation can be found in the Introduction

The CommissionersF6E+W+S

1The Commissioners may for all purposes be described by the name of “The Forestry Commissioners”.

2(1)Each Forestry Commissioner shall hold and vacate office in accordance with the terms of his warrant of appointment, and one who vacates office shall be eligible for reappointment.E+W+S

(2)There shall be paid to such Forestry Commissioners as may be determined by the Ministers, with the approval of the Treasury, such salaries or other emoluments as may be so determined.

Modifications etc. (not altering text)

C3Sch. 1 para. 2: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 3, Sch. para.2

3The Commissioners may act by three of their number and notwithstanding a vacancy in their number, and may regulate their own procedure.

4(1)The Commissioners shall have an official seal, which shall be officially and judicially noticed.E+W+S

(2)The seal shall be authenticated by a Forestry Commissioner, or by the secretary to the Commissioners, or by some person authorised by the Commissioners to act on behalf of the secretary.

5(1)Every document purporting to be an order or other instrument issued by the Commissioners and to be sealed with the seal of the Commissioners authenticated in manner provided by paragraph 4(2) above, or to be signed by the secretary to the Commissioners or any person authorised by the Commissioners to act on behalf of the secretary, shall be received in evidence and be deemed to be such order or instrument without further proof, unless the contrary is shown.E+W+S

(2)The M1Documentary Evidence Act 1868, as amended by the M2Documentary Evidence Act 1882, shall apply to the Commissioners as though the Commissioners were included in the first column of the Schedule to the said Act of 1868, and the chairman or any other Commissioner, or the secretary, or any person authorised to act on behalf of the secretary, were mentioned in the second column of that Schedule, and as if the regulations referred to in those Acts included any document issued by the Commissioners.

Marginal Citations

StaffF6E+W+S

6(1)The Commissioners may, subject to such limit as to number as the Treasury may determine, appoint and employ such officers and servants for the purposes of this Act as the Commissioners think necessary, and may remove any officer or servant so appointed or employed.E+W+S

(2)There shall be paid to officers and servants appointed or employed by the Commissioners such salaries or remuneration as the Ministers may, with the approval of the Treasury, determine.

Modifications etc. (not altering text)

C4Sch. 1 para. 6: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 2(2)

C5Sch. 1 para. 6(1) modified (1.7.1999) by S.I. 1999/672, art. 5, Sch.2

Committees appointed under section 2(3)F6E+W+S

7(1)An order of the Commissioners under section 2(3) of this Act appointing a committee shall make provision as to the constitution (including the terms of office of members), quorum and procedure of the committee.E+W+S

(2)There shall be paid F1. . .to the members of any committee appointed [F2for England F3...] under section 2(3) who are not Forestry Commissioners or officers of the Commissioners such travelling and other allowances as the Ministers may, with the approval of the Treasury, determine.

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SupplementaryF6E+W+S

8The functions of the Ministers under this Part of this Schedule shall be exercised by them jointly, except in so far as they make arrangements that this paragraph shall not apply.

[F58AIn this Part of this Schedule, “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales.]

Textual Amendments

F5Sch. 1 para. 8A inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(39)(d)