Consumers, Estate Agents and Redress Act 2007

Part 3Territorial, regional and other committees

Constitution of territorial committees

11(1)A territorial committee is to consist of a chairman, and such other members, as the Secretary of State may appoint.

(2)In this Schedule—

(a)references to executive members of a territorial committee are to the members of the committee appointed from the staff of the Council, and

(b)references to non-executive members of a territorial committee are to the members who are not executive members of the committee.

(3)The chairman of a territorial committee must be a non-executive member of the committee.

(4)In appointing persons to a territorial committee the Secretary of State must secure that a majority of the members of the committee are non-executive members.

(5)Before appointing a person as a non-executive member of a territorial committee the Secretary of State must consult—

(a)the Council Chairman,

(b)except where the appointment is as chairman, the chairman of the territorial committee,

(c)in the case of the Scottish Consumer Council, the Scottish Ministers, and

(d)in the case of the Welsh Consumer Council, the Welsh Ministers,

about the appointment.

(6)A person may be appointed as an executive member of a territorial committee only if the person has been nominated for the appointment by the Council Chairman, after consultation with the chairman of the territorial committee.

(7)In making appointments to a territorial committee, the Secretary of State must have regard to the desirability of including among the members of the committee one or more persons with experience of work among, and the special needs of, disabled persons.

Regional committees

12(1)The Council may, with the approval of the Secretary of State, establish one or more committees for areas within the United Kingdom.

(2)In this Schedule references to a “regional committee” are to a committee established under sub-paragraph (1).

(3)The purposes of a regional committee are—

(a)the provision of advice and information to the Council about such consumer matters affecting the area for which the committee is established as may be specified by the Council, and

(b)such other purposes as the Council may determine.

(4)The Council may not abolish a regional committee, or alter the area for which a regional committee is established, except with the approval of the Secretary of State.

(5)If the Council proposes to do anything mentioned in sub-paragraph (1) or (4), it must, after consulting the Secretary of State, give notice—

(a)describing its proposals, and

(b)specifying the period (not being less than 2 months) starting with the date of the notice within which representations may be made with respect to the proposals,

and consider any representations that are duly made and not withdrawn.

(6)A notice under sub-paragraph (5) must be given by publishing it in such manner as the Council considers appropriate for bringing the proposals to the attention of those likely to be affected by them.

(7)The Secretary of State may not give his approval under sub-paragraph (4) until after the period specified in the notice under sub-paragraph (5).

Constitution of regional committees

13(1)A regional committee is to consist of a chairman, and such other members, as the Council may appoint.

(2)In this Schedule—

(a)references to executive members of a regional committee are to the members of the committee appointed from the staff of the Council, and

(b)references to non-executive members of a regional committee are to the members who are not executive members of the committee.

(3)The chairman of a regional committee must be a non-executive member of the committee.

(4)In appointing persons to a regional committee the Council must secure that a majority of the members of the committee are non-executive members.

(5)In making appointments to a regional committee, the Council must have regard to the desirability of including among the members of the committee one or more persons with experience of work among, and the special needs of, disabled persons.

Other committees

14The Council may establish such other committees as it considers appropriate.

General provision about committees

15(1)In this paragraph and paragraphs 16 and 17 “committee” means—

(a)a territorial committee,

(b)a regional committee, or

(c)a committee established under paragraph 14.

(2)A committee may establish sub-committees.

(3)The members of a committee or sub-committee may include persons who are not members of the Council.

(4)The members of a sub-committee established by a committee may include persons who are not members of the committee.

Terms of appointment etc

16Subject to this Schedule, a member of a committee—

(a)is to hold and vacate office in accordance with the terms and conditions of the member’s appointment, and

(b)may resign or be removed from office in accordance with those terms and conditions.

17(1)The Council may—

(a)pay to any non-executive member of a committee or sub-committee, such remuneration as the Secretary of State may determine;

(b)pay to any member of a committee or sub-committee, such travelling and other allowances as the Secretary of State may determine.

(2)For the purposes of sub-paragraph (1), the non-executive members of a committee established under paragraph 14 or a sub-committee are such of its members as are not also members of the staff of the Council.

(3)The Council may—

(a)pay to or in respect of any person who is or has been a non-executive member of a territorial committee such pension, allowances or gratuities as the Secretary of State may determine, or

(b)make such payments as the Secretary of State may determine towards provision for the payment of a pension, allowance or gratuity to or in respect of such a person.

18(1)A non-executive member of a territorial or regional committee must be appointed for a fixed period.

(2)The period for which a non-executive member of a territorial or regional committee is appointed must not exceed 5 years.

(3)A person who has held office as a non-executive member of a territorial or regional committee may be re-appointed as a non-executive member of that committee, once only, for a further period (whether consecutive or not) not exceeding 5 years.

19(1)A person ceases to be a member of a territorial or regional committee where—

(a)in the case of the chairman of the committee, the person ceases to hold that office or becomes a member of the staff of the Council;

(b)in the case of any other non-executive member, the person becomes a member of the staff of the Council;

(c)in the case of an executive member, the person ceases to be a member of the staff of the Council.

(2)The Secretary of State may remove any person from office as chairman or another member of a territorial committee on the grounds that the person is unable, unfit or unwilling to discharge the functions of the office.

20Where—

(a)a non-executive member of a territorial committee ceases to be a member of the committee otherwise than on the expiry of the member’s 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 Council may make a payment to that person of such amount as the Secretary of State may determine.