The Orkney Tourist Board Scheme Order 1995

PART III: FUNCTIONS AND POWERS OF THE BOARD

Additional functions and powers

8.—(1) For the purposes of enabling the Board to carry out its principal function which is specified in section 172(2) of the , but subject to sub-paragraph (3), the Board shall have the additional functions and powers conferred upon it by this scheme.

(2) Without prejudice to the generality of sub-paragraph (1), the Board shall have power—

(a) to hold property, subject to paragraph 9;

(b) to provide finance, whether by way of grant or loan, to any person in relation to activities relating to tourism; and

(c) to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of its principal function.

(3) The Board shall not, without the express or general consent given in writing of the Secretary of State (or of such body as he may direct the Board to consult) carry on activities relating to the promotion of tourism outside the United Kingdom.

Membership, formation and acquisition of companies

9.—(1) The Board may, subject to the conditions specified in this paragraph, form, or join with any other person in forming, acquire or become a member of a company within the meaning of the Companies Act 1985(1).

(2) Subject to sub-paragraph (5), the Board shall itself or together with any other area tourist board established or, as the case may be, approved under section 172, 173 and 174 of the hold a majority of the voting rights in any company in which it holds an interest.

(3) The memorandum of any company formed or acquired by the Board shall—

(a) enable the company to carry on only activities relating to tourism or such activities as are reasonably incidental to the principal function of the Board; and

(b) provide that the company shall not, without the express or general consent given in writing of the Secretary of State (or such body as he may direct the Board to consult) carry on activities relating to the promotion of tourism outside the United Kingdom.

(4) In the event that any company formed or acquired by the Board or of which the Board is a member or has an interest of whatsoever nature at any time ceases to comply with the provisions of sub-paragraph (3), the Board shall immediately—

(a) take all steps necessary to ensure that the provisions of that sub-paragraph are complied with; or

(b) resign from or otherwise terminate its membership of the company, sell or otherwise dispose (other than by way of gift) of any interest which it may have in such company.

(5) Sub-paragraph (2) shall not apply in relation to any interest in a company—

(a) transferred to the Board by virtue of paragraph 13; or

(b) limited by guarantee and established for charitable purposes only.

(6) Sub-paragraphs (3) and (4) shall apply in relation to an interest in a company transferred to the Board by virtue of paragraph 13 only where such interest carries the majority of voting rights in the company.

Staff

10.—(1) The Board may appoint, on such terms and conditions as to remuneration or otherwise as it may determine, such employees as it thinks fit.

(2) The Board may, in the case of such of its employees or former employees as it may determine—

(a) pay such pensions, allowances or gratuities to or in respect of those employees;

(b) make such payments towards provision of such pensions, allowances or gratuities; or

(c) provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,

as it may determine.

(1)

1985 c. 6.