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The Gangmasters (Licensing Authority) Regulations 2005

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Membership of the Board

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4.—(1) The members of the Board shall consist of a chairman, and not more than –

(a)nineteen representative members, and

(b)nine ex officio members.

(2) The chairman shall be appointed by the Secretary of State in consultation with the Minister of Agriculture and Rural Development for Northern Ireland.

(3) Within three months of the date on which the Authority commences operations and at the first Board meeting after every third anniversary of that date, the Board shall appoint a representative member to be the deputy chairman, who shall act as the chairman in the absence of the chairman.

(4) Should the deputy chairman resign from his post as deputy chairman, the Board shall appoint a replacement to act as deputy chairman until the next deputy chairman is appointed under paragraph (3).

(5) Resignation by a deputy chairman from his post as a representative member shall be taken to be a resignation from his post as deputy chairman.

(6) Subject to paragraph (8), the representative members shall be appointed by the Secretary of State on the nomination of an organization specified in column 1 of Schedule 1 in accordance with paragraph (7).

(7) An organization specified in column 1 of Schedule 1 may nominate such number of persons for appointment as representative members as is specified in relation to that organization in column 2 of Schedule 1.

(8) In the event that an organization specified in Schedule 1 fails, within such reasonable period as the Secretary of State may direct, to nominate the number of persons which by virtue of paragraph (7) it is entitled to nominate, the Secretary of State shall supply the shortfall by appointing such persons as she considers appropriate having regard to the nature of the organization which is otherwise entitled by paragraph (6) to make the nomination.

(9) The ex officio members shall be appointed by the persons specified in column 1 of Schedule 2 in accordance with paragraph (10).

(10) A person specified in column 1 of Schedule 2 shall appoint such number of ex officio members as is specified in relation to that person in column 2 of Schedule 2.

(11) Each representative member and each ex officio member shall at all times act in the interests of promoting the proper exercise by the Authority of its functions.

(12) The Ethical Trading Initiative may send a representative to attend any meeting of the Board as an observer, who may contribute to discussion at the invitation of the chair.

(13) In paragraph (12), the “Ethical Trading Initiative” means the company of that name limited by guarantee and incorporated on 9th June 1988.

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