Hairdressers (Registration) Act 1964

SCHEDULES

Section 1.

SCHEDULE 1 E+W+S Constitution of the Council and supplementary provisions

Part I E+W+S Constitution of the Council

1 E+W+S The Council shall consist of:—

(1) four persons, who (subject to the provisions of paragraph 2 of this Schedule) shall be registered persons and who shall be employers of persons engaged in hairdressing, or self-employed persons engaged in hairdressing, of whom two shall be appointed by the National Hairdressers Federation and two shall be appointed by the Incorporated Guild of Hairdressers, Wigmakers and Perfumers;

(2) four persons, who (subject to the provisions of paragraph 2 of this Schedule) shall be registered persons and who shall be employees engaged in hairdressing, to be appointed by the Union of Shop, Distributive and Allied Workers;

(3) one person appointed by the President of the British Medical Association;

(4) one person appointed by the President of the Royal College of Physicians of London;

(5) five persons appointed (subject to the provisions of paragraph 2 of this Schedule) by the members of the Council appointed under sub-paragraphs (1) and (2) of this paragraph from among persons appearing to them to have had wide experience of, and shown capacity in, industry, commerce, administration, finance, or the practice of the law, or to have, in some other respect, special knowledge or experience that would be of value to the Council in the exercise and performance of its functions.

2 (1) The persons first to be appointed in pursuance of sub-paragraphs (1) and (2) of paragraph 1 of this Schedule shall not be registered persons but shall be persons who at the passing of this Act are employers of persons engaged in hairdressing or persons self-employed in hairdressing or (as the case may be) employees engaged in hairdressing and shall be persons registered by the Hairdressers’ Registration Council, that is to say, the company registered by that name under the M1 Companies (Consolidation) Act 1908. E+W+S

(2) The persons first to be appointed in pursuance of sub-paragraph (5) of paragraph 1 of this Schedule shall be appointed by the Hairdressers’ Registration Council from among persons appearing to it to have the qualifications mentioned in that sub-paragraph.

Marginal Citations

M1 1908 c. 69.

3 (1) Before the National Hairdressers Federation and the Incorporated Guild of Hairdressers, Wigmakers and Perfumers proceed to appoint the Members of the Hairdressing Council under sub-paragraph (1) of paragraph 1 of this Schedule they shall consult together and shall ensure that not less than two of the persons to be appointed under the said sub-paragraph (1) shall be persons engaged in ladies’ hairdressing. E+W+S

(2) Not less than two of the persons to be appointed under sub-paragraph (2) of paragraph 1 of this Schedule shall be persons engaged in ladies’ hairdressing.

Part II E+W+S Supplementary provisions relating to the Hairdressing Council

4 E+W+S The Hairdressing Council shall be a body corporate with perpetual succession and a common seal.

5 E+W+S The first members of the Hairdressing Council shall be appointed within six months of the passing of this Act.

6 (1) Of the members first appointed under sub-paragraphs (1) and (2) of paragraph 1 of this Schedule one-fourth shall retire on the thirty-first day of December in each of the years 1965, 1966, 1967 and 1968. E+W+S

(2) The term of office of the members subsequently appointed under those sub-paragraphs shall be four years.

(3) For the purposes of sub-paragraph (1) of this paragraph the order of retirement of members shall be determined in default of agreement by lot at a meeting of the Council within four months after the first meeting of the Council, the lots being drawn under the direction of the person presiding at the meeting.

7 E+W+S The term of office of the members appointed under sub-paragraphs (3) to (5) of paragraph 1 of this Schedule shall be three years.

8 E+W+S A member of the Hairdressing Council may at any time by notice in writing addressed to the registrar resign his office.

9 (1) A person appointed to fill a casual vacancy among the members of the Council shall hold office during the remainder of the term of office of the person in whose place he is appointed. E+W+S

(2) Any vacancy other than a casual vacancy in the membership of the Hairdressing Council shall be filled before the date on which the vacancy will occur.

10 (1) The Hairdressing Council shall have power to do anything which in their opinion is calculated to facilitate the proper discharge of their functions. E+W+S

(2) The Council shall, in particular, have power:—

(a) to appoint, in addition to a registrar, such officers and servants as the Council may determine:

(b) to pay to the members of the Council or their committees such fees for attendance at meetings of the Council or their committees and such travelling and subsistence allowances while attending such meetings or while on any other business of the Council as the Council may determine;

(c) to pay to their officers and servants such remuneration as the Council may determine;

(d) as regards any officers or servants in whose case they may determine to do so, to pay to, or in respect of them, such pensions and gratuities, or provide and maintain for them such superannuation schemes (whether contributory or not), as the Council may determine.

(3) The powers of the Council may be exercised notwithstanding any vacancy, and no proceedings of the Council shall be invalidated by any defect in the appointment of a member.

11 E+W+S The Hairdressing Council may make regulations for regulating the meetings and proceedings of the Council.

12 E+W+S No business shall be transacted at a meeting of the Hairdressing Council unless at least five members are present.

Section 8.

SCHEDULE 2 E+W+S The Investigating and Disciplinary Committee

Part I E+W+S Constitution of the Committees

1 (1) The Council shall make rules regulating the membership of each of the committees, and the times and places of the meetings, quorum and mode of summoning members of the disciplinary committee; but a person shall not be eligible for membership of either committee unless he is a member of the Council. E+W+S

(2) Such rules shall secure that no person who acted as a member of the investigating committee with respect to any case shall act as a member of the disciplinary committee with respect to that case.

Part II E+W+S Procedure of Disciplinary Committee

2 (1) Subject to the next following sub-paragraph, the Council shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings before the disciplinary committee, and in particular— E+W+S

(a) for securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified by the rules, to the person alleged to be liable to have his name removed from the register;

(b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings;

(c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the committee;

(d) for enabling any party to the proceedings to be represented by counsel or solicitor or (if the rules so provide and the party so elects) by a person of such other description as may be specified by the rules;

(e) for requiring proceedings before the committee to be held in public except so far as may be provided by the rules.

(2) As respects proceedings for the registration of a person whose name was previously removed from the register by direction of the disciplinary committee, the Council shall have power to make rules with respect to all or any of the matters mentioned in the foregoing sub-paragraph, but shall not be required to do so; and separate rules under this paragraph may be made as respects such proceedings.

3 (1) For the purpose of advising the disciplinary committee on questions of law arising in proceedings before it, there shall in all such proceedings be an assessor to the committee who shall be E+W+S

[F1 (a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(b) an advocate or solicitor in Scotland of at least 10 years’ standing.]

(2) The power of appointing an assessor for the disciplinary committee shall be exercisable by the Council but if no assessor appointed by the Council is available to act in any particular proceedings the committee may itself appoint an assessor qualified as aforesaid for those proceedings.

(3) Except in the case of an assessor appointed by the committee itself under sub-paragraph (2) above, an assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument under which he is appointed.

Textual Amendments

F1 Sch. 2 para. 3(1)(a)(b) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 23