The United Kingdom Ecolabelling Board Regulations 1992

PART I CONSTITUTION AND PROCEEDINGS

Constitution

1.  The Board 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 Board’s property shall not be regarded as property of, or property held on behalf of, the Crown.

Membership

2.—(1) The Board shall consist of not less than twelve and not more than twenty members who shall be appointed by the Secretary of State.

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

(3) Subject to the provisions of this paragraph, the chairman, deputy chairman and other members of the Board shall hold and vacate office in accordance with the terms of their appointments.

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

(5) A chairman or deputy chairman who ceases to be a member of the Board shall cease to be chairman or deputy chairman.

(6) A member of the Board who ceases to be a member or ceases to be chairman or deputy chairman of the Board shall be eligible for reappointment.

(7) The Secretary of State may remove a member of the Board 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 Board for a period of more than six consecutive months without the permission of the Board;

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

Remuneration and allowances for Board members

3.  The Board shall—

(a) pay to its members such remuneration and allowances (if any),

(b) as regards any member or former member in whose case the Secretary of State may so determine, pay such pension, allowance or gratuity to or in respect of him, or make such payments towards the provision of such pension, allowance or gratuity,

(c) as regards a person who ceases to be a member in whose case it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, pay to that person a sum of such amount,

as the Secretary of State may with the approval of the Treasury determine.

Staff

4.—(1) The Board may, with the consent of the Secretary of State, appoint a chief officer of the Board.

(2) The Board may, with the consent of the Secretary of State (given with the approval of the Treasury) as to terms and conditions of service, appoint such number of other employees as it considers necessary for the discharge of its functions.

5.  The Board shall pay to its chief officer and other employees such remuneration and allowances as the Board may, with the consent of the Secretary of State given with the approval of the Treasury, determine.

Proceedings

6.—(1) Subject to paragraph (2), the Board may regulate its own procedure (including making provision in relation to quorum).

(2) The Board shall draw up appropriate rules of conduct to apply to members to avoid any conflicts of interest between their individual personal or business affairs and their responsibilities as members of the Board.

(3) The proceedings of the Board and any committee of the Board shall not be invalidated by any vacancy amongst its members or by any defect in the appointment of any such member.

Delegation of powers

7.  Anything authorised or required by or under Council Regulation (EEC) No. 880/92 or any enactment to be done by the Board may be done by any committee of the Board which, or by any member or employee of the Board who, has been authorised (generally or specifically) for the purpose by the Board.

Documents

8.—(1) The application of the seal of the Board shall be authenticated by the signature of any member or employee of the Board who is authorised (generally or specially) for the purpose by the Board.

(2) Any document purporting to be an instrument made or issued by the Board and to be duly executed under the seal of the Board, or to be signed or executed by a person authorised for the purpose by the Board, shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is shown.

Parliamentary Commissioner Act 1967

9.  In Schedule 2 to the Parliamentary Commissioner Act 1967(1) (departments and authorities subject to investigation), there shall be inserted at the appropriate place the following entry—

“United Kingdom Ecolabelling Board”.

Superannuation Act 1972

10.—(1) In Schedule 1 to the Superannuation Act 1972(2) (bodies whose employees etc. may be covered by superannuation schemes), there shall be inserted at the appropriate place under the heading “Other bodies” the following entry—

“United Kingdom Ecolabelling Board”.

(2) The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of the money provided by Parliament under that Act.

Income and Corporation Taxes Act 1988

11.  In section 507 of the Income and Corporation Taxes Act 1988(3) (bodies entitled to exemption from tax corresponding to certain charities), in subsection (1) after paragraph (d) there shall be inserted the following paragraph—

“(e) the United Kingdom Ecolabelling Board;”.

(1)

1967 c. 13.

(2)

1972 c. 11.

(3)

1988 c. 1. Section 507 was amended by section 60(1) of the Finance Act 1989 (c. 26).