The War Pensions Committees Regulations 1990

Regulation 5

SCHEDULE 2 CONSTITUTION, PROCEEDINGS AND MANNER OF DISCHARGING FUNCTIONS OF COMMITTEES

Members

1.  A member of a Committee shall hold office for a period not exceeding 5 years in any 1 term of appointment and may be re-appointed.

2.  The Secretary of State may remove a member from office if he is satisfied that the member—

(a) is habitually absent from meetings of the Committee or has been absent from 3 or more consecutive meetings, unless the absence is due to illness or due to a reason approved by the Secretary of State,

(b) has become bankrupt or made an arrangement with his creditors,

(c) is convicted of a crime and is sentenced to imprisonment or receives a suspended sentence, or

(d) is otherwise unable or unfit to discharge the functions of a member.

3.  A casual vacancy may be filled by the Secretary of State as may be necessary.

4.  A member may resign from a Committee by notice in writing sent to the Secretary of State.

Chairman and Vice-Chairman

5.—(1) Subject to sub-paragraph (4) below each Committee shall appoint from among their members a Chairman and a Vice-Chairman.

(2) The appointment shall be by resolution specifying the period of appointment, which shall not extend beyond the appointee’s term of appointment to the Committee.

(3) Where the office of Chairman or Vice-Chairman falls vacant, the Committee shall appoint a replacement at its next meeting.

(4) The Secretary of State shall appoint a Chairman and a Vice-Chairman for each Committee to hold office for a period of one year commencing on 1st January 1991.

6.  The Chairman, or in his absence, the Vice-Chairman shall preside over Committee meetings. At a meeting where both are absent the members present shall elect one of their number to act as Chairman for that meeting.

Proceedings

7.—(1) Subject to sub-paragraph (2) below and paragraph 8 the Committee shall decide the time and place of their meetings.

(2) The Secretary of State shall decide the time and place of the first meeting after appointing or re-appointing the members of a Committee, apart from an appointment to fill a casual vacancy.

8.  Six members of a Committee may requisition a meeting by giving notice in writing to the Chairman who shall call the meeting within 4 weeks of receiving the notice.

9.  The quorum of a Committee shall be one quarter of its members, disregarding any fractions.

10.  A Committee shall make decisions by a simple majority of members present and voting. In the event of equality of votes, the person presiding over the meeting shall have a casting vote.

11.  A member shall neither discuss nor vote on any matter concerning his relative, employer or employee.

12.—(1) Subject to sub-paragraph (2) below a Committee shall determine whether persons other than members may attend any meeting of the Committee or a sub-committee.

(2) The Chief Welfare Officer or his deputy may attend any meeting of a Committee or a sub-committee.

Minutes

13.  Minutes of a meeting shall—

(a) be recorded in a Minute Book,

(b) include the names of members present at the meeting,

(c) be signed by the person presiding over the meeting at which they are approved as correct, and

(d) be open to inspection by the Secretary of State.

Sub-committees

14.  A Committee may appoint up to four fifths of their members to a sub-committee to assist the Committee in carrying out any of their functions under regulation 6(b), (c) and (d).

15.—(1) With the Secretary of State’s approval, a Committee may appoint one or more sub-committees to assist the Committee in carrying out their functions under regulation 6(a).

(2) A Committee shall appoint as Chairman of such a sub-committee a member of the Committee who is also a member of the sub-committee.

(3) Such a sub-committee shall—

(a) consist of at least 3 and not more than 7 members, of whom at least half are members of the Committee, and any remainder are voluntary workers,

(b) make decisions by a simple majority of the members of the sub-committee present and voting: in the event of equality of votes the Chairman of the sub-committee shall have a casting vote,

(c) act in accordance with any directions of the Committee.

16.  A sub-committee which consider a complaint made to the Committee by a person receiving or claiming war pension shall, as soon as reasonably practicable, submit to the Committee a report about any hearing they had of the complaint and any representations they made to the Secretary of State.