Environmental Protection Act 1990

Constitution and membership

2 The council shall be a body corporate.

3 (1) The council shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; and the council’s property shall not be regarded as property of, or property held on behalf of, the Crown.

(2) Sub-paragraph (1) above has effect subject to paragraph 18 below.

4 (1) The Secretary of State shall appoint one of the members of the council to be chairman of the council and may appoint a member to be deputy chairman.

(2) The chairman, deputy chairman and other members of the council shall hold and vacate office in accordance with the terms of their appointment.

(3) A member of the council may, by notice in writing addressed to the Secretary of State, resign his membership, and the chairman and deputy chairman of the council may by such a notice resign their office as such without resigning their membership.

5 A member of the council who ceases to be a member or ceases to be chairman or deputy chairman of the council shall be eligible for reappointment.

6 The Secretary of State may remove a member of the council from membership if he has—

(a) become bankrupt or made an arrangement with his creditors or, in Scotland, had his estate sequestrated or made a trust deed for behoof of his creditors or a composition contract; or

(b) been absent from meetings of the council for a period longer than six consecutive months without the permission of the council;

or if he is, in the opinion of the Secretary of State unable or unfit to discharge the functions of a member.