The Gangmasters (Licensing Authority) Regulations 2005

Proceedings of the Board

8.—(1) Subject to the following provisions of this regulation, the Board may regulate—

(a) its own procedure; and

(b) the procedure of its committees.

(2) Subject to paragraph (3), a meeting of the Board shall not be properly constituted unless it is attended for the period of its duration by the chairman, or in his absence the deputy chairman, and at least one half of the representative members.

(3) The quorum may be changed by a motion supported by at least five members of the Board, provided that any new quorum includes the chairman, or in his absence the deputy chairman.

(4) Subject to paragraph (5), a decision to be taken by the Board shall be based on a simple majority of those voting members (including the chairman, or the deputy chairman in the chairman’s absence) present at the time the vote is taken.

(5) If the voting members are equally divided, the chairman, or in his absence the deputy chairman, shall have a casting vote, provided that his reasons for casting his vote in the manner chosen are made known to the Board and recorded in the minutes.

(6) The validity of any proceedings of the Board, or any of its committees, shall not be affected by—

(a) any vacancy among the members of the Board or its committees;

(b) any vacancy in the office of the chairman of the Board;

(c) any defect in the appointment or nomination of any member of the Board;

(d) any defect in the appointment of the chairman or deputy chairman of the Board; or

(e) any defect in the appointment of any member or chairman of a committee.

(7) If the chairman, is in any way directly or indirectly interested in a matter to be discussed or decided by the Board, he shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of this interest to a meeting of the Board, and shall not take part in any discussion or decision with respect to that matter.

(8) Where paragraph (7) applies, the deputy chairman (or, in his absence, a representative member agreed by the Board) shall act as chairman during that part of the meeting when the matter at issue is being discussed or determined.

(9) If the deputy chairman, while acting as chairman, is in any way directly or indirectly interested in a matter to be discussed or decided by the Board, he shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of this interest to a meeting of the Board, and shall not take part in any discussion or decision with respect to that matter.

(10) Where paragraph (9) applies, a representative member agreed by the Board shall act as chairman during that part of the meeting when the matter at issue is being discussed or determined.

(11) Any disclosure made under paragraph (7) or (9) shall be recorded in the minutes of the Board.