SCHEDULES
C7C8 SCHEDULE 1 The Forestry Commission and its Staff
Sch. 1 transfer of functions (18.7.2013) by The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2)(3), 14(1) (with art. 24)
C8Part I Administration
The Commissioners
1
The Commissioners may for all purposes be described by the name of “The Forestry Commissioners”.
C12
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.
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.
3
The 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.
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.
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.
Staff
C26
C3C91
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.
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.
Committees appointed under section 2(3)
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.
2
F153
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Supplementary
8
The 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.
F38A
In this Part of this Schedule, “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales.
Part II Superannuation of Forestry Commissioners and Commission Staff
C49
1
This paragraph applies to Forestry Commissioners and to such F4classes of officers employed by the Commissioners as may be determined by the Ministers with the approval of the Treasury.
2
Subject to the following provisions, there may be granted to or in respect of persons to whom this paragraph applies the same superannuation benefits as can be granted in respect of persons in the civil service under the F4principal civil service pension scheme within the meaning of section 2 of the M3Superannuation Act 1972 and for the time being in force, and the relevant provisions of that scheme . . . F5 shall have effect accordingly with respect to persons to whom this paragraph applies as they have effect with respect to persons in the civil service.
F63
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4
In this Part of this Schedule—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
“superannuation benefits” includes a superannuation allowance, additional allowance, annual allowance, retiring allowance, compensation allowance, gratuity, pension, compensation and annuity.
C510
1
The Ministers may with the approval of the Treasury make schemes to supplement or replace (either as a whole or in part) paragraph 9(2) above, being schemes for the grant of superannuation and other allowances and gratuities to or for the benefit of persons to whom paragraph 9 applies; and, without prejudice to the foregoing,—
a
the superannuation benefits to be granted in accordance with the scheme may include those which may be granted under the said paragraph 9(2), subject to the provisions of that sub-paragraph in the case of contributory pensions; and
b
on the coming into force of a scheme made under this paragraph, paragraph 9(2) shall, to the extent that the scheme makes any provision different therefrom, cease to have effect.
F82
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F93
A scheme made under this paragraph may be made so as to take effect from such date, not being earlier than 14th July 1949, as may be specified in the scheme.
11
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12
C6Where on the death of a person to whom paragraph 9 above applies any sum not exceeding F11£5,000 is due to that person or his legal personal representative in respect of salary, wages or superannuation benefits, then, subject to any regulations made by the Treasury, probate or other proof of the title of the legal personal representatives may be dispensed with, and the said sum may be paid or distributed to or among the persons appearing to the Commissioners to be beneficially entitled to the personal estate of the deceased person, or to or among any one or more of those persons, or, in the case of the illegitimacy of the deceased person or any of his children, to or among such persons as the Commissioners may think fit, and the Commissioners or other person responsible for the payment of any such sum shall be discharged from all liability in respect of any such payment or distribution.
F12This paragraph shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the M4Administration of Estates (Small Payments) Act 1965 substituting for references to F11£5,000 such higher amount as may be specified in the order.
13
The functions of the Ministers under this Part of this Schedule shall be exercisable by them jointly, except in so far as they make arrangements that this paragraph shall not apply.
F1313A
In this Part of this Schedule, “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales.
Sch. 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)