Farriers (Registration) Act 1975

Section 2.

SCHEDULE 1 E+W+S The Farriers Registration Council

[F1 Part 1 E+W+S

Textual Amendments

F1 Sch. 1 Pt. I substituted (15.9.2017) by Farriers (Registration) Act 2017 (c. 28), s. 3(2), Sch. para. 1; S.I. 2017/921, reg. 2

Constitution E+W+S

Membership E+W+S

1 (1) The Council is to consist of the following members—

(a) three persons appointed by the Company, at least one of whom must be a practising farrier,

(b) four practising farriers appointed in accordance with a scheme made by the Council,

(c) two registered persons appointed by the National Association of Farriers, Blacksmiths and Agricultural Engineers,

(d) two veterinary surgeons appointed by the Royal College of Veterinary Surgeons, and

(e) one lay person appointed by each of the persons mentioned in sub-paragraph (2).

(2) Those persons are—

(a) the British Horseracing Authority Limited,

(b) the Royal Society for the Prevention of Cruelty to Animals,

(c) Lantra (the company registered in England and Wales with the company registration number 2823181),

(d) Scottish Enterprise, and

(e) the British Equestrian Federation.

(3) A scheme made by the Council under sub-paragraph (1)(b)—

(a) may, in particular, provide for elections to be held for the purpose of determining the persons to be appointed;

(b) may be amended or replaced by the Council.

(4) In making a scheme under sub-paragraph (1)(b), the Council must have due regard to the desirability of securing that the Council includes persons representative of all parts of Great Britain.

(5) In this paragraph—

• “lay person” means a person other than—

  (a)

  a registered person,

  (b)

  a person who, in the opinion of the person making the appointment, is qualified to be a registered person,

  (c)

  a veterinary surgeon, or

  (d)

  a veterinary practitioner;

• “practising farrier” means a registered person who carries out farriery.

Term of office E+W+S

2 (1) Appointment as a member of the Council is for a term of 4 years.

(2) A person may not be appointed as a member more than twice.

(3) A member may resign at any time by notice given to the registrar.

(4) A member may be removed from office if the member fails to satisfy any conditions about fitness to be a member that are determined by the Council.

(5) The procedure for removal of a member from office is to be determined by the Council.

Casual vacancies E+W+S

3 (1) Where a vacancy occurs among the members of the Council otherwise than by the expiry of a member's term of office, a person must be appointed to fill the vacancy.

(2) So far as practicable, the appointment must be made so as to enable the person appointed to assume office at the time the vacancy arises.

(3) The appointment is for a term expiring on the date on which the term of office of the member whose vacancy the person fills would have expired.

(4) The appointment does not count as an appointment for the purposes of paragraph 2(2) (limit on number of times a person may be appointed as a member of the Council).

Procedure E+W+S

4 (1) The quorum for a meeting of the Council is—

(a) seven, or

(b) another number determined by the Council.

(2) The Council must elect one of its members to act as chair of the Council.

(3) The Council may make rules governing its meetings and procedure.

(4) The rules may in particular provide—

(a) for a member of the Council to act as its chair in the absence of the member mentioned in sub-paragraph (2);

(b) for a member acting as chair to have an additional casting vote.

Validity of acts E+W+S

5 The validity of anything done by the Council is not affected by—

(a) a vacancy among its members, or

(b) a defect in the appointment (or election) of a member.]

Part II E+W+S

Supplementary provisions E+W+S

F2 7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1 para. 7 omitted (15.9.2017) by virtue of Farriers (Registration) Act 2017 (c. 28), s. 3(2), Sch. para. 2(2); S.I. 2017/921, reg. 2

F3 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 1 para. 8 omitted (15.9.2017) by virtue of Farriers (Registration) Act 2017 (c. 28), s. 3(2), Sch. para. 2(2); S.I. 2017/921, reg. 2

9 [F4 (1)] 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. E+W+S

[F5 (2) The Council may make rules governing the meetings and procedure of an additional committee or area council.

(3) The rules may in particular provide—

(a) for a member of the additional committee or area council to act as its chair;

(b) for a member acting as chair to have an additional casting vote.]

Textual Amendments

F4 Sch. 1 para. 9(1): Sch. 1 para. 9 renumbered as Sch. 1 para. 9(1) (15.9.2017) by Farriers (Registration) Act 2017 (c. 28), s. 3(2), Sch. para. 2(3)(a); S.I. 2017/921, reg. 2

F5 Sch. 1 para. 9(2)(3) inserted (15.9.2017) by Farriers (Registration) Act 2017 (c. 28), s. 3(2), Sch. para. 2(3)(b); S.I. 2017/921, reg. 2

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

F6 [(2) A person shall not be appointed an auditor of the Council unless he is eligible for appointment as a [F7 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;

F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 . . .

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

Textual Amendments

F6 Sch. 1 para. 12(2) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para.25

F7 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)

F8 Words in Sch. 1 para. 12(3) omitted (1.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch. para.25