Reserve Forces Act 1980

Section 122.

SCHEDULE 7 U.K. Provisions of Schemes for the Constitution of Associations

1 A scheme for the constitution of an association shall provide—

(a) for the date of the establishment of the association;

(b) for the incorporation of the association by an appropriate name;

(c) for appointment as members of the association of [F1 naval members, marine members,]military members and air force members the aggregate number of such members to be not less than half of the whole number of members of the association;

(d) for the appointment as members of the association by the Defence Council, after consultation with, and on the recommendation of, the bodies to be represented, of representatives of such of the local authorities wholly or partly within the area for which the association is established as the Defence Council may from time to time determine;

(e) for the mode of appointment, dismissal, term of office and rotation of members of the association and the filling of casual vacancies;

(f) for the election of a chairman and a vice-chairman or vice-chairmen by the association and for defining their powers and duties;

(g) for the appointment by the association, subject to the approval of the Defence Council, of a secretary and other officers and members of the staff of the association provided that a secretary or other officer or member of the staff who is in the employment of the association by virtue of the provisions of an order made by the Defence Council in exercise of the powers conferred upon the Defence Council by subsection (4) of section 122 above shall be deemed for the purpose of this provision in the scheme to have been appointed by the association;

(h) for the procedure to be adopted, including the appointment of committees and the delegation to committees of any of the powers or duties of the association;

(i) for enabling [F2 flag]general or air officers of any part of Her Majesty’s forces, or officers deputed by them, to attend the meetings of the association, and to speak but not to vote.

Textual Amendments

F1 Words inserted by S.I. 1983/1966, art. (2)

F2 Word inserted by S.I. 1983/1966, art. 2(3)

2 A scheme for the constitution of an association other than an association established for an area including Greater London shall provide—

(a) for constituting as president of the association the lord-lieutenant of one of the counties or parts of counties for which the association is established, as the Defence Council may from time to time think fit, or, failing any of those lord-lieutenants, such other person as the Defence Council may think fit, and

(b) for constituting as vice-presidents of the association the lord-lieutenants of any of those counties or parts of counties in any case where they are not president of the association and are willing to act as vice presidents.

3 A scheme for the establishment of an association in Scotland shall provide—

(a) in the case where an association area coincides with a [F3 local government area] or where a [F3 local government area] contains two or more association areas, for the selection by the Defence Council of the president and vice-presidents of the association from the lord-lieutenants residing in the [F3 local government area] or from such other persons as the Defence Council may think fit; or

(b) in the case where an association area falls within two or more [F3 local government areas], for the selection by the Defence Council of the president and vice-presidents of the association from the lord-lieutenants residing in those [F3 local government areas]or from such other persons as the Defence Council may think fit.

Textual Amendments

F3 Words in Sch. 7 para. 3 substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 116(5); S.I. 1996/323, art. 4(1)(c)

4 A scheme for the constitution of an association established for an area including Greater London shall provide for constituting the lord-lieutenant of Greater London or, failing him, such other person as the Defence Council may think fit, president of the association.

5 A scheme for the constitution of an association may provide—

(a) for the appointment as members of the association by the Defence Council, of representatives of universities whose activities are carried on wholly or partly within the area for which the association is established;

(b) for the appointment as members of the association by the Defence Council, of persons representing the Army Cadet Force, the Air Training Corps, the Combined Cadet Force and the Sea Cadet Corps;

(c) for the appointment as members of the association by the Defence Council, of persons representing employers in and persons employed in the area for which the association is established;

(d) for the appointment of co-opted members;

(e) for dividing the area for which the association is established into two or more parts and for establishing sub-associations for any of the parts and for delegating to a sub-association such of the powers and duties of the association as may be approved by the Defence Council and regulating the relations of a sub-association to the association and, where any association has established more than one sub-association, regulating the relations of one sub-association to another.

6 A scheme shall provide that of the chairman and F4 vice-chairmen at least one shall be [F5 a naval or marine member of the association and at least one shall be]a military member of the association and at least one an air force member of the association.

Textual Amendments

F4 Words repealed by S.I. 1983/1966, art. 2(4)

F5 Words inserted by S.I. 1983/1966, art. 2(4)

7 A scheme may contain any consequential, supplemental, or transitory provisions which may appear to be necessary or proper for the purposes of the scheme, and also as respects any matter for which provision may be made by regulations under this Act and for which it appears desirable to make special provision affecting the association established by the scheme.

8 (1) A scheme for the constitution of an association established for an area including or including any part of the counties of Kent and Sussex may provide that the Lord Warden of the Cinque Ports shall ex-officio be a member of the association.

(2) A scheme for the constitution of an association established for an area including or including any part of the counties of Devon and Cornwall may provide that the Warden of the Stannaries shall ex-officio be a member of the association.

(3) The Governor or Deputy Governor of the Isle of Wight shall ex-officio be a member of an association established for an area including the Isle of Wight.

(4) The Lord Mayor of the City of London shall ex-officio be president of a sub-association establishment for the City of London.

(5) In this Schedule—

• “air force member” means one who is a member or former member of Her Majesty’s air forces or who is specially qualified by his interest in and knowledge of matters relating to aviation;

• [F6 “county” means, in relation to Wales, a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994);]

• [F7 “marine member”means one who is a member or former member of the Royal Marines [F7 or who is specially qualified by his interest in and knowledge of matters affecting the marine forces]];

• [F8 “military member” means one who is a member or former member of Her Majesty’s military forces [F9 or who is specially qualified by his interest in and knowledge of military matters].]

• [F8 “naval member”means one who is a member or former member of the Royal Navy [F10 or who is specially qualified by his interest in and knowledge of naval matters];]

Textual Amendments

F6 Definition in Sch. 7 para. 8(5) inserted (1.4.1996) by 1994 c. 19, s. 61(6) (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F7 Words inserted by S.I. 1990/553, art. 2(2)(a)

F8 Definitions inserted by S.I. 1983/1966, art. 2(5)

F9 Words added by S.I. 1990/553, art. 2(2)(b)

F10 Words inserted by S.I. 1990/553, art. 2(2)(c)