Crown Agents Act 1979
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Change 1
SCHEDULE 1 Supplementary Provisions as to Constitution Etc. of Crown Agents
Section 1. Appointment and tenure of members 1 It shall be the duty of the Minister— (a) to satisfy himself, before he appoints a person to be a member of the Crown Agents, that he will have no such financial or other interest as is likely to affect prejudicially the performance of his functions as a member; and (b) to satisfy himself from time to time with respect to each member that he has no such interest; and a person who is a member or whom the Minister proposes to appoint as a member shall, whenever requested by the Minister to do so, furnish the Minister with such information as he may specify with a view to carrying out his duty under this paragraph. 2 Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member or the chairman or deputy chairman of the Crown Agents in accordance with the terms of the instrument appointing him to that office. 3 A person may at any time resign his office as a member or the chairman or deputy chairman by giving to the Minister a signed notice in writing stating that he resigns that office. 4 Where a member becomes or ceases to be the chairman or deputy chairman, the Minister may vary the terms of the instrument appointing him a member so as to alter the date on which he is to vacate office as a member. 5 If the chairman or deputy chairman ceases to be a member, he shall cease to be the chairman or deputy chairman, as the case may be. 6 (1) If the Minister is satisfied that a member— (a) has been absent from meetings of the Crown Agents for a period longer than three consecutive months without the permission of the Crown Agents; or (b) has become bankrupt or made an arrangement with his creditors; or (c) is incapacitated by physical or mental illness; or (d) is otherwise unable or unfit to discharge the functions of a member, the Minister may declare his office as a member vacant, and shall notify the declaration in such manner as he thinks fit; and thereupon the office shall become vacant. (2) In the application of sub-paragraph (1) to Scotland, for the references in paragraph (b) to a member’s having become bankrupt and to a member’s having made an arrangement with his creditors there shall be substituted respectively a reference to sequestration of a member’s estate having been awarded and to a member’s having made a trust deed for behoof of his creditors or a composition contract. Remuneration etc. of members 7 The Crown Agents shall pay to each of their members . . .such reasonable allowances in respect of expenses as the Minister may determine . . .. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualification of members of Crown Agents for House of Commons and Northern Ireland Assembly 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings 10 The quorum of the Crown Agents and the arrangements relating to their meetings shall be such as the Crown Agents may determine. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 The validity of any proceedings of the Crown Agents shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 11. Staff 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Performance of functions 16 The Crown Agents may authorise any member or employee of the Crown Agents to perform on behalf of the Crown Agents such of the Crown Agents’ functions (including the power conferred on the Crown Agents by this paragraph) as are specified in the authorisation. Instruments and contracts 17 The fixing of the common seal of the Crown Agents shall be authenticated by the signature of their secretary or some other person authorised by them to act for that purpose. 18 (1) A document purporting to be duly executed under the seal of the Crown Agents shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed. (2) A document purporting to be signed on behalf of the Crown Agents shall be received in evidence and shall, unless the contrary is proved, be deemed to be so signed.
SCHEDULE 1 Supplementary Provisions as to Constitution Etc. of Crown Agents
Section 1. Appointment and tenure of members 1 It shall be the duty of the Minister— (a) to satisfy himself, before he appoints a person to be a member of the Crown Agents, that he will have no such financial or other interest as is likely to affect prejudicially the performance of his functions as a member; and (b) to satisfy himself from time to time with respect to each member that he has no such interest; and a person who is a member or whom the Minister proposes to appoint as a member shall, whenever requested by the Minister to do so, furnish the Minister with such information as he may specify with a view to carrying out his duty under this paragraph. 2 Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member or the chairman or deputy chairman of the Crown Agents in accordance with the terms of the instrument appointing him to that office. 3 A person may at any time resign his office as a member or the chairman or deputy chairman by giving to the Minister a signed notice in writing stating that he resigns that office. 4 Where a member becomes or ceases to be the chairman or deputy chairman, the Minister may vary the terms of the instrument appointing him a member so as to alter the date on which he is to vacate office as a member. 5 If the chairman or deputy chairman ceases to be a member, he shall cease to be the chairman or deputy chairman, as the case may be. 6 (1) If the Minister is satisfied that a member— (a) has been absent from meetings of the Crown Agents for a period longer than three consecutive months without the permission of the Crown Agents; or (b) has become bankrupt or made an arrangement with his creditors; or (c) is incapacitated by physical or mental illness; or (d) is otherwise unable or unfit to discharge the functions of a member, the Minister may declare his office as a member vacant, and shall notify the declaration in such manner as he thinks fit; and thereupon the office shall become vacant. (2) In the application of sub-paragraph (1) to Scotland, for the references in paragraph (b) to a member’s having become bankrupt and to a member’s having made an arrangement with his creditors there shall be substituted respectively a reference to sequestration of a member’s estate having been awarded and to a member’s having made a trust deed for behoof of his creditors or a composition contract. Remuneration etc. of members 7 The Crown Agents shall pay to each of their members . . .such reasonable allowances in respect of expenses as the Minister may determine . . .. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualification of members of Crown Agents for House of Commons and Northern Ireland Assembly 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings 10 The quorum of the Crown Agents and the arrangements relating to their meetings shall be such as the Crown Agents may determine. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 The validity of any proceedings of the Crown Agents shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 11. Staff 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Performance of functions 16 The Crown Agents may authorise any member or employee of the Crown Agents to perform on behalf of the Crown Agents such of the Crown Agents’ functions (including the power conferred on the Crown Agents by this paragraph) as are specified in the authorisation. Instruments and contracts 17 The fixing of the common seal of the Crown Agents shall be authenticated by the signature of their secretary or some other person authorised by them to act for that purpose. 18 (1) A document purporting to be duly executed under the seal of the Crown Agents shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed. (2) A document purporting to be signed on behalf of the Crown Agents shall be received in evidence and shall, unless the contrary is proved, be deemed to be so signed.
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