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Sea Fish Industry Act 1970

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Section 29.

SCHEDULE 4The Herring Industry Board

1The Board shall be a body corporate with a common seal.

2Every member of the Board shall hold and vacate office in accordance with the terms of the instrument under which he is appointed.

3A member of the Board may resign his office by notice in writing signed by him and given to the Secretary of State concerned with the sea fishing industry in Scotland or to the Secretary of State concerned with the sea fishing industry in Northern Ireland or to the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with the sea fishing industry in Wales, and his office shall become vacant at the expiration of seven days from the date of receipt of the notice.

4A member of the Board, on vacating his office on the expiration or termination of the term thereof, shall be eligible for re-appointment.

5It shall be the duty of the Ministers and the said Secretary of State to satisfy themselves with respect to any person whom they propose to appoint to be a member of the Board that that person will have no such financial or commercial interest as to be likely to affect him in the discharge of his functions as a member of the Board, and also to satisfy themselves from time to time, with respect to any person so appointed, that he has no such interest as aforesaid ; and any such person shall, whenever requested by the Ministers and the said Secretary of State so to do, furnish to them such information as they consider necessary for the performance of their duty under this paragraph.

6If a member of the Board—

(a)is detained for more than seven days in any place under any enactment in force in the United Kingdom relating to persons of unsound mind ;

(b)becomes bankrupt or enters into a composition or arrangement with his creditors;

(c)is convicted of a contravention of section 42 of this Act; or

(d)is absent from six consecutive meetings of the Board except for some reason appearing to the Board to be sufficient excuse ;

the Board shall forthwith declare his office to be vacant and his office shall become vacant on the date of the declaration.

7The Ministers and the said Secretary of State may remove a member of the Board from his office for inability to perform his duties or for misbehaviour, and the office of a member so removed shall become vacant on such date as the Ministers and the said Secretary of State may direct.

8The Board may act notwithstanding that the office of any member is vacant.

9The Board may pay to the members of the Board such salaries, and may pay such of their travelling and other expenses, as the Board, with the concurrence of the Ministers and of the Minister for the Civil Service, may determine.

10Subject to the provisions of this Schedule, the procedure and quorum of the Board shall be such as the Board may from time to time determine.

11The Board may appoint such secretaries and other officers and such servants, and may pay to them such salaries and allowances as the Board may determine.

12If the Board represent to the Ministers that any of the provisions of this Schedule ought to be varied, the Ministers may make an order for the variation thereof in accordance with the representation, save that an order shall not be made for the variation of paragraph 1, 2 or 5 of this Schedule, nor shall any order be made for the variation of paragraph 9 or 11 of this Schedule except with the concurrence of the Treasury.

13An order under paragraph 12 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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