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Change 1
As published
SCHEDULE 4 Constitution and proceedings of Boundaries Scotland
Section 12.
1 (1) Boundaries Scotland shall be a body corporate consisting of a chairman, a deputy chairman and not more than four other members.
(2) The members of Boundaries Scotland shall be appointed by the Secretary of State and, subject to sub-paragraph (3) below, shall hold and vacate office in accordance with the terms of their respective appointments.
(3) The Secretary of State may remove a person from membership of Boundaries Scotland if he is satisfied that that person—
(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 physical or mental illness;
(c) has been absent from meetings of Boundaries Scotland for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or
(d) is otherwise unable or unfit to discharge the function of a member.
(4) The common seal of Boundaries Scotland shall be authenticated by the signature of a member of Boundaries Scotland or of some other person authorised in that behalf by Boundaries Scotland.
2 (1) There shall be paid to each member of Boundaries Scotland such salary or fees and allowances as may from time to time be determined by the Secretary of State . . ..
(2) Boundaries Scotland may pay such pension, allowance or gratuity to or in respect of any member of Boundaries Scotland on his retirement or death, or make such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, . . . determine.
(3) If a person ceases to be a member of Boundaries Scotland, 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, . . . require Boundaries Scotland to pay to that person a sum of such amount as the Secretary of State may . . . determine.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 (1) The Secretary of State may appoint, to assist and advise Boundaries Scotland in the exercise of its functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to Boundaries Scotland.
(2) There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Treasury.
5 At any meeting of Boundaries Scotland three shall be the quorum.
6 All acts done at a meeting of Boundaries Scotland shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of Boundaries Scotland, be as valid as if the defect had not existed.
7 Subject to the preceding provisions of this Schedule and to the provisions of, and of any directions given under, Part II of this Act, the procedure of Boundaries Scotland at and in connection with its meetings shall be such as it may from time to time determine.
Officers and servants, remuneration and expenses
8 (1) The Secretary of State may appoint a secretary to Boundaries Scotland and such other officers and servants of Boundaries Scotland as he may . . . determine.
(2) Before appointing a person to be secretary to Boundaries Scotland, the Secretary of State shall consult with Boundaries Scotland.
(3) The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State . . ..
(4) Boundaries Scotland may, with the approval of the Secretary of State . . . pay to its officers and servants such remuneration, allowances and expenses as may from time to time be determined.
(5) Boundaries Scotland may, with the approval of the Secretary of State, pay such pensions, allowances or gratuities to or in respect of any of its officers or servants on their retirement or death, or make such payments towards the provision of such pensions, allowances or gratuities, as may be determined.
9 The expenses of Boundaries Scotland including—
(a) the salaries, fees and allowances of its members,
(b) any payment of or towards the provision of a pension, allowance or gratuity to or in respect of a member on his retirement or death,
(c) any payment of compensation to a person who ceases to be a member,
(d) the remuneration and any expenses paid to an assistant commissioner, and
(e) the remuneration and any expenses paid to the officers and servants of Boundaries Scotland, and
(f) any payment of or towards the provision of a pension, allowance or gratuity to or in respect of any of the officers or servants of Boundaries Scotland,
together with the fees and allowances paid to persons appointed under paragraph 4 above, shall be defrayed out of moneys provided by the Scottish Ministers.
Proof of documents
10 (1) Every document purporting to be an instrument made or issued by Boundaries Scotland and to be duly sealed with the seal of Boundaries Scotland or to be signed by the Secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by Boundaries Scotland.
(2) Sufficient evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of Boundaries Scotland to be a true copy of the instrument.
Your change, as a redline
SCHEDULE 4 Constitution and proceedings of Boundaries Scotland
Section 12.
1 (1) Boundaries Scotland shall be a body corporate consisting of a chairman, a deputy chairman and not more than four other members.
(2) The members of Boundaries Scotland shall be appointed by the Secretary of State and, subject to sub-paragraph (3) below, shall hold and vacate office in accordance with the terms of their respective appointments.
(3) The Secretary of State may remove a person from membership of Boundaries Scotland if he is satisfied that that person—
(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 physical or mental illness;
(c) has been absent from meetings of Boundaries Scotland for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or
(d) is otherwise unable or unfit to discharge the function of a member.
(4) The common seal of Boundaries Scotland shall be authenticated by the signature of a member of Boundaries Scotland or of some other person authorised in that behalf by Boundaries Scotland.
2 (1) There shall be paid to each member of Boundaries Scotland such salary or fees and allowances as may from time to time be determined by the Secretary of State . . ..
(2) Boundaries Scotland may pay such pension, allowance or gratuity to or in respect of any member of Boundaries Scotland on his retirement or death, or make such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, . . . determine.
(3) If a person ceases to be a member of Boundaries Scotland, 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, . . . require Boundaries Scotland to pay to that person a sum of such amount as the Secretary of State may . . . determine.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 (1) The Secretary of State may appoint, to assist and advise Boundaries Scotland in the exercise of its functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to Boundaries Scotland.
(2) There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Treasury.
5 At any meeting of Boundaries Scotland three shall be the quorum.
6 All acts done at a meeting of Boundaries Scotland shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of Boundaries Scotland, be as valid as if the defect had not existed.
7 Subject to the preceding provisions of this Schedule and to the provisions of, and of any directions given under, Part II of this Act, the procedure of Boundaries Scotland at and in connection with its meetings shall be such as it may from time to time determine.
Officers and servants, remuneration and expenses
8 (1) The Secretary of State may appoint a secretary to Boundaries Scotland and such other officers and servants of Boundaries Scotland as he may . . . determine.
(2) Before appointing a person to be secretary to Boundaries Scotland, the Secretary of State shall consult with Boundaries Scotland.
(3) The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State . . ..
(4) Boundaries Scotland may, with the approval of the Secretary of State . . . pay to its officers and servants such remuneration, allowances and expenses as may from time to time be determined.
(5) Boundaries Scotland may, with the approval of the Secretary of State, pay such pensions, allowances or gratuities to or in respect of any of its officers or servants on their retirement or death, or make such payments towards the provision of such pensions, allowances or gratuities, as may be determined.
9 The expenses of Boundaries Scotland including—
(a) the salaries, fees and allowances of its members,
(b) any payment of or towards the provision of a pension, allowance or gratuity to or in respect of a member on his retirement or death,
(c) any payment of compensation to a person who ceases to be a member,
(d) the remuneration and any expenses paid to an assistant commissioner, and
(e) the remuneration and any expenses paid to the officers and servants of Boundaries Scotland, and
(f) any payment of or towards the provision of a pension, allowance or gratuity to or in respect of any of the officers or servants of Boundaries Scotland,
together with the fees and allowances paid to persons appointed under paragraph 4 above, shall be defrayed out of moneys provided by the Scottish Ministers.
Proof of documents
10 (1) Every document purporting to be an instrument made or issued by Boundaries Scotland and to be duly sealed with the seal of Boundaries Scotland or to be signed by the Secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by Boundaries Scotland.
(2) Sufficient evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of Boundaries Scotland to be a true copy of the instrument.
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