Section 5.
1The following provisions of this Schedule shall have effect as respects the membership, the remuneration and expenses of members, the procedure and the staff of the Board and other matters relating to them.
2Subject to the following provisions, a person shall hold and vacate office as chairman, deputy chairman or other member of the Board in accordance with the terms of the instrument appointing him.
3A person may at any time resign office as chairman, deputy chairman or other member of the Board by giving written notice of his resignation signed by him to the Secretary of State.
4(1)If a member of the Board becomes or ceases to be chairman or deputy chairman, the Secretary of State may vary the terms of the instrument appointing him to be a member so as to alter the date on which he is to vacate office.
(2)If the chairman or deputy chairman ceases to be a member he shall cease to be chairman or, as the case may be, deputy chairman.
5(1)If the Secretary of State is satisfied that a member of the Board—
(a)has been absent from meetings of the Board for a period longer than 3 consecutive months without the Board’s permission; or
(b)has become bankrupt or made an arrangement with his creditors,
the Secretary of State may remove that member.
(2)In the application of sub-paragraph (1) to Scotland, for the references to a member’s having become bankrupt and to his having made an arrangement with his creditors there shall be substituted respectively references to sequestration of the member’s estate having been awarded and to his having made a trust deed for the behoof of his creditors or a composition contract.
(3)Without prejudice to the previous provisions, the Secretary of State may remove a member of the Board on the ground of incapacity or misbehaviour.
6The expenses of the Board, to such an amount as may be approved by the Treasury, shall be paid by the Secretary of State.
7There may be paid as part of the expenses of the Board—
(a)to all or any of the members of the Board, such salaries or other remuneration and travelling and other allowances;
(b)to persons attending their meetings at the request of the Board, such travelling and other allowances (including compensation for loss of remunerative time); and
(c)to persons from whom the Board may decide to seek advice, as being persons considered by the Board to be specially qualified to advise them on particular matters, such fees,
as the Secretary of State may with the consent of the Treasury determine.
8The Secretary of State may with the consent of the Treasury provide for the payment of pensions, allowances or gratuities to or in respect of such members of the Board as may be so determined.
9Where—
(a)a person ceases to be a member of the Board otherwise than on the expiration of his term of office, and
(b)it appears to the Secretary of State that there are circumstances which make it right for that person to receive compensation,
the Secretary of State may with the consent of the Treasury make to that person a payment of such amount as the Secretary of State may with the consent of the Treasury determine.
10(1)The Secretary of State may make regulations generally as to the procedure to be followed by the Board in the exercise of their functions and the manner in which their functions are to be exercised.
(2)Such regulations may in particular make provision—
(a)as to the procedure to be adopted in connection with the issue, cancellation, variation or surrender of contracting-out certificates and appropriate scheme certificates, and with applications, determinations and the making of orders;
(b)as to the hearing of parties, the taking of evidence and the circumstances (if any) in which a document of any prescribed description is to be treated, for the purposes of any proceedings before the Board, as evidence, or conclusive evidence, of any prescribed matter;
(c)as to the time to be allowed for making any application or renewed application to the Board (whether for an order or determination of the Board or for the review of a determination, or otherwise);
(d)as to the manner in which parties to any proceedings before the Board may or are to be represented for the purposes of the proceedings.
(3)References in sub-paragraph (2) to contracting-out certificates and appropriate scheme certificates include references to contracting-out certificates and appropriate scheme certificates within the meaning of any provisions in force in Northern Ireland which correspond to provisions of this Act.
(4)Regulations under sub-paragraph (1) may provide for enabling the Board to summon persons—
(a)to attend before them and give evidence (including evidence on oath) for any purposes of proceedings in connection with an occupational pension scheme,
(b)to produce any documents required by the Board for those purposes, or
(c)to furnish any information which the Board may require relating to any such scheme which is the subject matter of proceedings pending before them.
11Subject to regulations made by the Secretary of State under paragraph 10(1) and section 172(4), the procedure of the Board in relation to the discharge of any of their functions shall be such as the Board may determine.
12The quorum of the Board and the arrangements relating to their meetings shall be such as the Board may determine.
13The validity of the proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.
14(1)Where the Board give a decision on any matter dealt with by them by means of a formal hearing, or on review, they shall furnish a statement, either written or oral, of the reasons for the decision if they are requested, on or before the giving or notification of the decision, to state their reasons.
(2)Any statement by the Board of their reasons for a decision, whether the statement is given by them in pursuance of this paragraph or otherwise, shall be taken to form part of the decision and accordingly to be incorporated in the record.
15(1)The Secretary of State may make available to the Board the services of such officers and servants of his department as he may consider appropriate for the proper discharge of the functions of the Board.
(2)The Board may authorise any member, or any officer or servant of the Secretary of State’s department, to perform on the Board’s behalf such of their functions (including the power to give an authorisation for the purposes of this paragraph) as may be specified in the authorisation.
16Regulations made by the Secretary of State may authorise the Board to charge fees for their services in respect of the modification of an occupational pension scheme on an application made under section 136 or under any corresponding provision in force in Northern Ireland, including services in connection with the drawing up of any order of the Board made on application.
17The fixing of the common seal of the Board shall be authenticated by the signature of the secretary of the Board or some other person authorised by them to act for that purpose.
18A document purporting to be duly executed under the seal of the Board shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.