The Railway Heritage Scheme Order 1994

Article 2

SCHEDULETHE RAILWAY HERITAGE SCHEME

Interpretation

1.—(1) In this scheme “the Committee” means the Railway Heritage Committee established under paragraph 2(1).

(2) Any reference in this scheme to a numbered paragraph is a reference to the paragraph bearing that number in this scheme, and any reference to a numbered sub–paragraph is a reference to the sub–paragraph bearing that number in the paragraph in which the reference occurs.

Establishment of Railway Heritage Committee

2.—(1) A committee, to be known as the Railway Heritage Committee, is hereby established.

(2) The Committee shall consist of a chairman, and not less than six other members, appointed by the Board with the approval of the Secretary of State.

(3) The Board shall secure that, so far as reasonably practicable, the members of the Committee shall at all times include–

(a)at least one person for the time being appointed under section 2(1) of the Public Records Act 1958(1);

(b)at least one person for the time being appointed under section 1(1) or (4) of the Public Registers and Records (Scotland) Act 1948(2);

(c)at least one person who appears to the Board, having regard to the views of the Board of Trustees of the Science Museum, to represent the interests of the National Railway Museum at York;

(d)at least two persons (not employed by the same employer) each of whom is employed by one of the following, namely–

(i)the Board;

(ii)a wholly owned subsidiary of the Board;

(iii)a publicly owned railway company.

(4) The chairman of the Committee shall be a person who does not fall within any of the categories of person mentioned in sub–paragraphs (a) to (d) of sub–paragraph (3).

Duration and termination of membership of the Committee

3.—(1) Subject to the following provisions of this paragraph, a member of the Committee shall be appointed on such terms as to duration and termination of membership as the Board shall, with the approval of the Secretary of State, determine, and shall, on ceasing to be a member, be eligible for re–appointment.

(2) A member of the Committee may at any time resign his membership by giving notice to the Board.

(3) The Board may, with the approval of the Secretary of State, at any time terminate the membership of any member of the Committee by giving notice to the member in question.

Proceedings

4.—(1) Subject to the following provisions of this paragraph, the Committee may determine their own procedure.

(2) The Committee shall meet when convened by the chairman, and in any case shall meet at least once a year.

(3) Without prejudice to the discretion of the chairman to call a meeting of the Committee whenever he thinks fit, he shall call a meeting when requested to do so by not less than half the members of the Committee.

(4) In the event that the chairman of the Committee does not attend a meeting of the Committee, another member may, with the agreement of the Committee, act as chairman for the purposes of that meeting.

(5) Where, in respect of any matter, the Committee are unable to reach a decision because of an equality of votes, the chairman or, in his absence, any person acting as chairman pursuant to sub–paragraph (4), shall have a casting vote.

(6) The validity of any proceedings of the Committee shall not be affected by any vacancy amongst the members or by any defect in the appointment of a member.

(7) The Committee shall keep minutes of the proceedings at every meeting of the Committee.

Administration and expenses

5.—(1) The Board shall provide the Committee with such administrative and secretarial assistance as the Committee may reasonably require.

(2) The Board shall reimburse any out–of–pocket expenses duly incurred by any member of the Committee in the performance of his functions.

Records of the Committee

6.—(1) The Committee shall keep records of–

(a)the classes or descriptions of record or artefact which they designate, and the persons whom they notify of those classes or descriptions, pursuant to section 125(2)(a) of the Railways Act 1993;

(b)particulars of any directions given by the Committee pursuant to section 125(2)(b) or (c) of that Act and the persons to whom such directions are given.

(2) The records referred to in sub–paragraph (1), and the minutes kept by the Committee pursuant to paragraph 4(7), shall be open to public inspection at such place and at such times as the Committee may determine.