Local Government, Planning and Land Act 1980

Section 102.

F1 SCHEDULE 18 E+W The Land Authority for Wales

Textual Amendments

F1 Sch. 18 repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. V (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 5

1 The Land Authority for Wales shall by that name be a body corporate and shall consist of such number of members, not less than six and not exceeding nine, as the Secretary of State may from time to time determine.

2 (1) The members shall be appointed by the Secretary of State, who shall appoint one of them to be chairman of the Authority and may appoint another to be deputy chairman.

(2) Four offices as members of the Authority shall be held by persons appointed by the Secretary of State after consultation with such organisations as appear to him to be representative of local authorities in Wales.

3 (1) Subject to the provisions of this paragraph, a member of the Authority, and the chairman and deputy chairman, shall hold and vacate office in accordance with the terms of his appointment.

(2) A member may by notice in writing addressed to the Secretary of State resign his membership and the chairman or deputy chairman may by the like notice resign his office.

(3) The Secretary of State may remove a person from membership if satisfied that he—

(a) has become bankrupt or made an arrangement with his creditors; or

(b) is incapacitated by physical or mental illness; or

(c) has been absent from more than six consecutive meetings of the Authority otherwise than for a reason approved by the Secretary of State; or

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

(4) A person who ceases to be a member, or ceases to be chairman or deputy chairman, shall be eligible for re-appointment.

(5) If the chairman or deputy chairman ceases to be a member of the Authority he shall also cease to be chairman or deputy chairman.

(6) A person may hold all or any of the following offices at the same time, that is secretary or other officer of the Authority, member of the Authority and deputy chairman of the Authority; and a person holding the office of chairman of the Authority may hold any other office except that of secretary or deputy chairman.

4 The Authority, with the approval of the Secretary of State, may appoint a secretary of the Authority, and such other officers and servants as the Authority may, after consultation with the Secretary of State and with the consent of the Minister, determine.

5 (1) The Authority shall pay to members of the Authority such remuneration and allowances as may be determined by the Secretary of State with the consent of the Minister.

(2) In the case of any such person as the Secretary of State may with the consent of the Minister determine, the Authority shall pay such pension, allowance or gratuity to or in respect of him, or make such payment towards the provision of such a pension, allowance or gratuity, as may be so determined.

(3) If a person ceases to be a member of the Authority, and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, with the consent of the Minister, require the Authority to pay to that person a sum of such amount as the Secretary of State may with the consent of the Minister determine.

(4) As soon as practicable after the making of any determination under sub-paragraph (2) or sub-paragraph (3) of this paragraph the Secretary of State shall lay a statement thereof before each House of Parliament.

Staff E+W

6 The Authority shall pay to its officers and servants such remuneration and allowances as it may, after consultation with the Secretary of State and with the consent of the Minister, determine.

7 (1) The Authority shall, in the case of such of the persons employed by it as may be determined by the Authority with the consent of the Secretary of State given with the approval of the Minister, pay such pensions, allowances or gratuities to or in respect of those persons as may be so determined, make such payments towards the provision of such pensions, allowances or gratuities as may be so determined or provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as may be so determined.

(2) Where a person employed by the Authority and participating in a scheme for the payment of pensions, allowances or gratuities which is applicable to such persons becomes a member of the Authority, his service as a member may be treated for the purposes of the scheme as service as a person employed by the Authority.

Proceedings and instruments E+W

8 (1) Subject to the following provisions of this Schedule the Authority shall have power to regulate its own procedure.

(2) The quorum at meetings of the Authority shall be four.

9 (1) A member of the Authority who is in any way directly or indirectly interested in any land which is the subject of a transaction entered into or proposed to be entered into by the Authority shall disclose the nature of his interest at a meeting of the Authority; and the disclosure shall be recorded in the minutes of the Authority, and the member shall not take any part in any deliberation or decision of the Authority with respect to the transaction.

(2) For the purposes of sub-paragraph (1) above a general notice given at a meeting of the Authority by a member of the Authority to the effect that he is a member of a specified company or firm and is to be regarded as interested in any transaction which may, after the date of the notice, be entered into in relation to that company or firm, shall be regarded as a sufficient disclosure of his interest in relation to any such transaction.

(3) A member of the Authority need not attend in person at a meeting of the Authority in order to make any disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting.

10 The proceedings of the Authority shall not be invalidated by any vacancy in the number of their members or by any defect in the appointment of any person as a member or chairman or deputy chairman or by any failure to comply with the requirements of paragraph 9 above.

11 The seal of the Authority shall be authenticated by the signature of the secretary or of any person authorised by the Authority to act in that behalf.

12 A certificate signed by the secretary that any instrument purporting to be made or issued by or on behalf of the Authority was so made or issued shall be conclusive evidence of that fact.

13 Every document purporting—

(a) to be an instrument made or issued by or on behalf of the Authority and to be sealed with the seal of the Authority authenticated in the manner provided by paragraph 11 above, or to be signed or executed by the secretary or any person authorised by the Authority to act in that behalf, or

(b) to be such a certificate as is mentioned in paragraph 12 above,

shall be received in evidence and be deemed without further proof to be so made or issued or to be such a certifcate, unless the contrary is shown.

Supplemental E+W

14 (1) A person dealing with the Authority, or with a person claiming under the Authority, shall not be concerned to inquire—

(a) whether any directions have been given to the Authority under this Act or whether any directions so given have been complied with, or

(b) whether the consent or approval of the Secretary of State or the Minister required for any of the purposes of this Act has been given, or whether any condition or limitation subject to which any such consent or approval was given has been complied with,

and, in favour of any such person, the validity of anything done by the Authority shall not be affected by anything contained in any such direction, consent or approval or by reason that any such direction, consent or approval has not been given.

(2) Without prejudice to sub-paragraph (1) above, the validity of a compulsory purchase order made by the Authority shall not be affected by anything contained in a direction given under section 102(4) above or by reason that any such direction has not been complied with.

15 In this Schedule “the Minister” means [F2 the Treasury]