Deer (Scotland) Act 1959 (repealed 18.11.1996)

FIRST SCHEDULEF12S Provisions as to the Red Deer Commission

Constitution of the CommissionF12S

1The Commission shall be a body corporate and shall have a common seal.

2Every member of the Commission shall hold and vacate office in accordance with the terms of the instrument under which he is appointed, but notwithstanding anything in such an instrument any member of the Commission may resign his office by a notice given under his hand to the Secretary of State, and a member of the Commission who ceases to hold office shall be eligible for reappointment to the Commission.

[F12AIf the Secretary of State is satisfied that the chairman [F2or a member] of the Commission—

[F3(a)has had his estate sequestrated, has been adjudged bankrupt, has made an arrangement with his creditors, or has granted a trust deed for his creditors or made a composition contract;]

(b)is incapacitated by reason of physical or mental illness;

(c)has been absent from meetings of the Commission for a period of more than 3 consecutive months without the permission of the Commission or of the Secretary of State; or

(d)is otherwise unable or unfit to discharge the functions of a member of the Commission, or is unsuitable to continue as the chairman,

the Secretary of State shall have power to remove him from his said office.]

2BWhere a person ceases to be [F4a member] of the Commission otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may make to that person a payment of such amount as the Secretary of State may F5. . . determine.

2CThe Secretary of State may make such provision, if any, as he may F6. . . determine for the payment of pensions to or in respect of [F7members] of the Commission.

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[F94The Secretary of State—

(a)shall pay to—

(i)the Chairman of the Commission such remuneration and such allowances; and

(ii)the other members of the Commission such allowances; and

(b)may pay to the other members of the Commission such remuneration,

as he may determine.]

5The Commission may pay to the members of any panel appointed in pursuance of section two of this Act the like allowances as are payable by the Secretary of State to members of the Commission under the last foregoing paragraph.

Meetings and Proceedings of the CommissionF12S

6The quorum of the Commission shall be five or such larger number as the Commission may from time to time determine.

7The proceedings of the Commission shall not be invalidated by any vacancy in the membership of the Commission or by any defect in the appointment of any member thereof.

8If at any meeting of the Commission the votes are equally divided on any question, the person acting as chairman of the meeting shall have a second or casting vote.

9Subject to the foregoing provisions of this Schedule, the Commission shall have power to regulate their own procedure and that of any panel appointed by them.

Office, Officers and ServantsF12S

10The Commission shall have an office at which communications and notices will be received.

11The Secretary of State may provide the services of such officers and servants as the Commission may require.

Instruments executed or issued by the CommissionF12S

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