Trade Union and Labour Relations (Consolidation) Act 1992

249 Terms of appointment of members of Council. E+W+S

(1) The members of the Council shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.

(2) F1 . . .

Appointment as [F2 chairman, or as] deputy chairman, or as an ordinary member of the Council, may be a full-time or part-time appointment; and the Secretary of State may, with the consent of the member concerned, vary the terms of his appointment as to whether his appointment is full-time or part-time.

(3) A person shall not be appointed to the Council for a term exceeding five years, but previous membership does not affect eligibility for re-appointment.

(4) A member may at any time resign his membership, and the chairman or a deputy chairman may at any time resign his office as such, by notice in writing to the Secretary of State.

A deputy chairman appointed in addition to the ordinary members of the Council shall on resigning his office as deputy chairman cease to be a member of the Council.

(5) If the Secretary of State is satisfied that a member—

(a) has been absent from meetings of the Council for a period longer than six consecutive months without the permission of the Council, or

(b) has become bankrupt or [F3 has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has] made an arrangement with his creditors (or, in Scotland, has had his estate sequestrated or has made a trust deed for his creditors or has made and had accepted a composition contract), or

(c) is incapacitated by physical or mental illness, or

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

the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as he thinks fit, whereupon the office shall become vacant.

If the chairman or a deputy chairman ceases to be a member of the Council, he shall also cease to be chairman or, as the case may be, a deputy chairman.

Textual Amendments

F1 Words in s. 249(2) repealed (30.8.1993) by 1993 c. 19, ss. 43(3), 51, Sch.10; S.I. 1993/1908, art. 2(1), Sch. 1

F2 Words in s. 249(2) inserted (30.8.1993) by 1993 c. 19, s. 43(3); S.I. 1993/1908, art. 2(1), Sch.1

F3 Words in s. 249(5)(b) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 28(2) (with art. 5)