Highlands and Islands Development (Scotland) Act 1965 (repealed 20.7.1992)

SCHEDULE 1 Provisions as to the Highlands and Islands Development Board

Section 1. Constitution of the Board 1 The Board shall be a body corporate and shall have a common seal. 2 The chairman and any deputy chairman shall cease to hold those offices on ceasing to be members of the Board. 3 The majority of the members of the Board, including in particular the chairman thereof, shall be engaged whole-time in the service of the Board. 4 Every member of the Board shall hold and vacate office in accordance with the terms of the instrument under which he is appointed, but notwithstanding anything in such an instrument any member of the Board may resign his office by a notice given under his hand to the Secretary of State, and a member of the Board who ceases to hold office shall be eligible for re-appointment to the Board. 5 If the Secretary of State is satisfied that a member of the Board— (a) has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract, (b) is incapacitated by reason of physical or mental illness, (c) has been absent from meetings of the Board for a period longer than three consecutive months without the permission of the Board, or (d) is otherwise unable or unfit to discharge the functions of a member of the Board, or is unsuitable to continue as a member, the Secretary of State shall have power to remove him from office as a member of the Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 The Board— (a) shall pay to the members thereof such remuneration and such allowances as the Secretary of State may, with the approval of the Treasury, determine, and (b) as regards any members in whose case the Secretary of State may so determine with the approval of the Treasury, shall make provision for or pay to or in respect of them such pensions as may be so determined, and if a person ceases to be a member of the Board and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation the Secretary of State may, with the approval of the Treasury, require the Board to pay to that person a sum of such amount as the Secretary of State may, with the approval of the Treasury, determine. In this paragraph any reference to a pension includes a reference to a gratuity. Meetings and Proceedings of the Board 8 The quorum of the Board shall be three or such larger number as the Board may from time to time determine. 9 The proceedings of the Board shall not be invalidated by any vacancy in the membership of the Board or by any defect in the appointment of any member thereof. 10 If at any meeting of the Board the votes are equally divided on any question, the person acting as chairman of the meeting shall have a second or casting vote. 11 (1) If a member of the Board has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the Board at which the matter is the subject of consideration, he shall disclose the fact, and he shall not take part in consideration or discussion of, or vote on, any question with respect to the matter, but he may, nevertheless, be taken into account for the purpose of constituting a quorum of the Board for any such consideration of, or decision on, the matter. (2) A general notice, given in writing by a member of the Board to the officer designated by the Board to receive it, stating that he is a member of or in the employment of a specified company or other body, or that he is a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any matter relating to that company, body or person which may be the subject of consideration after the date of the notice. (3) Any disclosure made under sub-paragraph (1) of this paragraph shall be recorded in the minutes of the meeting at which it is made; and any notice given under sub-paragraph (2) thereof shall be recorded in a book to be kept for the purpose. 12 Subject to the foregoing provisions of this Schedule, the Board shall have power to regulate their own procedure and that of any committee appointed by them. Office, officers and servants 13 The Board shall have an office in the Highlands and Islands at which communications and notices will be received. 14 (1) The Board— (a) may employ such officers and servants, and pay to them such remuneration and allowances as the Board may, with the approval of the Secretary of State and the Treasury, determine, and (b) shall, in the case of such of their officers and servants as may be determined by the Board with the approval of the Secretary of State, pay to or in respect of them such pensions, or provide and maintain for them such pension schemes (whether contributory or not) as may be so determined. (2) Where any officer or servant of the Board, being a participant in any pension scheme applicable to his employment, becomes a member of the Board, he may be treated for the purposes of the pension scheme as if his service as a member of the Board were service as an officer or servant employed by the Board, and his rights under the scheme shall not be affected by paragraph 7(b) of this Schedule. (3) In this paragraph any reference to a pension includes a reference to a gratuity. Instruments executed or issued by the Board 15 The application of the seal of the Board to any document shall be attested by at least one member of the Board and by the person for the time being acting as Secretary of the Board. 16 Every document purporting to be an instrument issued by the Board and to be sealed and attested as aforesaid or to be duly signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument without further proof unless the contrary is shown.