Farriers (Registration) Act 1975

Section 2.

SCHEDULE 1 E+W+S The Farriers Registration Council

Part I E+W+S

Constitution E+W+S

1 E+W+S Subject as hereinafter provided, the Council shall consist of a total of 16 members and shall comprise—

(a) three persons appointed from time to time by the Company, of whom one shall be Chairman of the Council;

(b) two persons to be appointed as hereinafter provided who shall be engaged in the carrying out of farriery on their own account;

(c) two persons to be appointed as hereinafter provided who shall be employees carrying out farriery in the course of their employment, not being apprentices or persons undergoing a course of training;

(d) two persons appointed from time to time by the National Master Farriers’, Blacksmiths’ and Agricultural Engineers’ Association (in this schedule referred to as “the Association”);

(e) two persons appointed from time to time by the Royal College of Veterinary Surgeons; and

(f) one person (not being a person registered in the register or a person qualified in the opinion of the person making the appointment, to be so registered or a veterinary surgeon or a veterinary practitioner) appointed from time to time by each of the following, namely—

The Jockey Club;

The Royal Society for the Prevention of Cruelty to Animals;

The Council for Small Industries in Rural Areas;

[F1 F2 The Scottish Development Agency][F1 Scottish Enterprise]; and

The British Equestrian Federation.

Textual Amendments

F1 Words “Scottish Enterprise” substituted (1.4.1991) for “The Scottish Development Agency” by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 7

F2 Words substituted by Scottish Development Agency Act 1975 (c. 69), Sch. 4 para. 6

2 (a) Of the persons first to be appointed in pursuance of sub-paragraph (b) of the foregoing paragraph one shall be appointed by the Association and one by the Company and both shall be persons registered in the Company’s Register of Farriers. E+W+S

(b) The persons first to be appointed in pursuance of sub-paragraph (c) of the foregoing paragraph shall be appointed by the Association and shall be such persons as in the opinion of the Association have the necessary qualifications.

3 E+W+S All the first appointments of the members of the Council shall so far as practicable be made before the appointed day in time to enable the persons nominated to assume membership on its establishment.

4 E+W+S Appointments to the Council in pursuance of either of the said sub-paragraphs (b) or (c) of paragraph 1 of this Schedule shall be made with due regard to the desirability of securing that the Council includes persons representative of all parts of Great Britain.

5 (1) The offices of the members of the Council appointed under sub-paragraphs (b) and (c) of paragraph 1 of this Schedule shall be vacated at the expiration of the period of three years beginning with the appointed day and at the expiration of each successive period of three years thereafter, but this shall not preclude a person whose office is thus vacated from being nominated to fill the vacancy. E+W+S

(2) The office of any member shall also be vacated if at any time—

(a) he would not qualify for appointment at that time under the provision in accordance with which he was appointed;

(b) he resigns his office by notice given to the registrar.

(3) 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.

(4) So far as is practicable an appointment to the Council shall be so made as to enable the person appointed to assume office at the time the vacancy in question arises.

6 E+W+S Before the expiration of two years beginning with the appointed day the Council shall draw up a scheme providing for the appointment after the expiration of the period of office of the members first appointed of persons as members of the Council in pursuance of sub-paragraphs (b) and (c) of paragraph 1 of this Schedule under a procedure provided for by the scheme.

Part II E+W+S

Supplementary provisions E+W+S

7 E+W+S The quorum at meetings of the Council shall be seven or such other number as the Council may determine.

8 E+W+S The functions of the Council may be exercised notwithstanding vacancies in its membership, and its proceedings shall not be invalidated by any defect in the nomination of a member.

9 E+W+S In addition to the Investigating Committee and the Disciplinary Committee authorised by this Act, the Council may set up one or more additional committees of the Council or one or more area councils for any particular part or parts of Great Britain to carry out, on behalf of the Council, such of its functions as the Council may determine, not being functions required by this Act to be carried out by the Council itself.

10 E+W+S The Council shall appoint a registrar of the Council and such other officers and servants as it may determine.

11 E+W+S The Council shall keep proper accounts of all sums received or paid by it, and proper records in relation to those accounts.

12 (1) The Council shall appoint auditors of the Council and shall cause its accounts to be audited annually by them and as soon as is practicable after the accounts for any period have been audited the Council shall cause them to be published. E+W+S

F3 [(2) A person shall not be appointed an auditor of the Council unless he is eligible for appointment as a [F4 statutory auditor under Part 42 of the Companies Act 2006].]

(3) None of the following persons shall be qualified to be an auditor of the Council—

(a) an officer or servant of the Council;

(b) a person who is a partner of or in the employment of an officer or servant of the Council;

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 . . .

References in this sub-paragraph to an officer or servant shall be construed as not including references to an auditor.

Textual Amendments

F3 Sch. 1 para. 12(2) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para.25

F4 Words in Sch. 1 para. 12(2) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 1(o) (with arts. 6, 11, 12)

F5 Words in Sch. 1 para. 12(3) omitted (1.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch. para.25