Disused Mine and Quarry Tips (Wales) Act 2025

PART 2 MEMBERS

Members

2 (1) The members of the Authority are—

(a) a person appointed by the Welsh Ministers as its chairperson,

(b) at least 3 but not more than 5 other persons appointed by the Welsh Ministers,

(c) its chief executive (see paragraph 6), and

(d) at least 1 but no more than 2 other members appointed by the chief executive and the non-executive members from among the Authority’s staff.

(2) The Welsh Ministers may appoint one of the members appointed under sub-paragraph (1)(b) as deputy chairperson.

(3) In this Schedule—

(a) the chairperson and members of the Authority appointed under sub-paragraph (1)(b) are collectively referred to as “non-executive members”;

(b) the chief executive and members of the Authority appointed under sub-paragraph (1)(d) are collectively referred to as “executive members”.

(4) The Welsh Ministers may by regulations amend sub-paragraph (1) so as to substitute a different number for any of the numbers for the time being specified in it; but the regulations must ensure that the number of non-executive members continues to exceed the number of executive members.

Disqualification from being a non-executive member

3 A person is disqualified from being appointed, or holding office, as a non-executive member of the Authority if the person is or becomes—

(a) a member of the Authority’s staff,

(b) a member of Senedd Cymru,

(c) a member of a council for a county or county borough in Wales,

(d) a member of the House of Commons or the House of Lords,

(e) a member of the Welsh Government,

(f) a person employed in the civil service of the State, or

(g) the holder of an office, or a member or member of staff of a body, specified by regulations made by the Welsh Ministers.

Terms of non-executive membership

4 (1) A non-executive member of the Authority holds office for such period, and on such terms and conditions, as may be specified in the terms of appointment, but this is subject to sub-paragraphs (2) and (3) and paragraph 5.

(2) The period of office specified in a non-executive member’s terms of appointment may not exceed 5 years.

(3) A person who has held office as a non-executive member may be reappointed as a non-executive member once only (and sub-paragraph (2) applies in relation to the reappointment).

(4) The Authority may, with the approval of the Welsh Ministers—

(a) pay its non-executive members remuneration, expenses and allowances;

(b) pay pensions to, or in respect of, persons who have been non-executive members of the Authority, and amounts for or towards the provision of pensions to, or in respect of, persons who have been non-executive members of the Authority.

Removal etc. of members

5 (1) The Welsh Ministers may by notice remove a person who is a non-executive member from office if satisfied—

(a) that the person is unfit to continue as a member, or

(b) that the person is unable or unwilling to exercise the functions of a member.

(2) The Welsh Ministers may by notice suspend a person who is a non-executive member from office if it appears to them—

(a) that the person may be unfit to continue as a member, or

(b) that the person may be unable or unwilling to exercise the functions of a member.

(3) A suspension under sub-paragraph (2) has effect until the Welsh Ministers give a further notice to the person suspended.

(4) A person who is a non-executive member may resign from office by giving notice to the Welsh Ministers.

(5) A person ceases to be a non-executive member of the Authority if that person becomes disqualified under paragraph 3.

(6) A person ceases to be chairperson or deputy chairperson (as the case may be) if that person ceases to be a non-executive member of the Authority.

(7) A person ceases to be an executive member of the Authority upon ceasing to be a member of the Authority’s staff.