The Agricultural Advisory Panel for Wales (Establishment) Order 2016
2016 No. 255 (W. 89)
Agriculture, Wales
The Agricultural Advisory Panel for Wales (Establishment) Order 2016
Made 1st March 2016
Coming into force 1st April 2016
The Welsh Ministers, in exercise of the powers conferred on them by sections 2(1), 2(5), 16(1) and 17(1) of the Agricultural Sector (Wales) Act 20141(“the Act”), make the following Order.
The Welsh Ministers have consulted such persons as they consider appropriate, in accordance with section 2(6) of the Act.
A draft of this Order has been approved by a resolution of the National Assembly for Wales in accordance with section 17(2) of the Act.
Title and commencement
1.—(1) The title of this Order is the Agricultural Advisory Panel for Wales (Establishment) Order 2016.
(2) This Order comes into force on 1 April 2016.
Interpretation
2. In this Order—
“independent agriculture member”(“aelod amaethyddiaeth annibynnol”) means a person with experience, knowledge or expertise in agriculture;
“independent education member” (“aelod addysg annibynnol”) means a person with experience, knowledge or expertise in education;
“independent members” (“aelodau annibynnol”) means the two members of the Panel made up of the independent agriculture member and independent education member;
“LANTRA” means the company, or any successor organisation, whatever its title, whose registered office address is Lantra House, Stoneleigh Park, Warwickshire, CV8 2LG and whose company registration number is 02823181 in England and Wales;
“Public Appointments Code of Practice” (“Cod Ymarfer ar Benodiadau Cyhoeddus”) means the Code of Practice for Ministerial Appointments to Public Bodies published on 1 April 2012 by the Commissioner for Public Appointments, in fulfilment of his duties as set out in the Order in Council for Public Appointments 2002 (as amended);
“representative members” (“aelodau cynrychioliadol”) means the four members of the Panel selected by, and from among the members of, the organisations set out in article 5(1)(d) to (f);
“the establishment day” (“y dyddiad sefydlu”) means 1 April 2016;
“the Panel”(”y Panel”) means the Agricultural Advisory Panel for Wales;
“UNITE” means Unite the Union whose registered office is Unite House, 128 Theobald’s Road, Holborn, London, WC1X 8TN and is entered on the list of the Certification Officer in accordance with sections 2 to 4 and sections 123 to 125 of the Trade Union and Labour Relations (Consolidation) Act 19922or any successor organisation whatever its title.
Establishment and functions of the Panel
3.—(1) On the establishment day, the Panel will be established.
(2) The Panel’s functions are—
(a)
(a) promoting careers in agriculture;
(b)
(b) preparing agricultural wages orders in draft, consulting on such orders and submitting them to the Welsh Ministers for approval; and
(c)
(c) advising the Welsh Ministers on such other matters relating to the agricultural sector in Wales as the Welsh Ministers may require.
The chair of the Panel
4. A person to chair the Panel (“the chair of the Panel”) must be appointed by the Welsh Ministers in accordance with the Public Appointments Code of Practice.
Membership of the Panel
5.—(1) The Panel is to consist of seven members, of whom—
(a)
(a) one is to be the chair of the Panel;
(b)
(b) one is to be an independent agriculture member appointed in accordance with paragraph (3);
(c)
(c) one is to be an independent education member appointed in accordance with paragraph (3);
(d)
(d) two are to be selected from among themselves by the members of UNITE, to represent the interests of agricultural workers;
(e)
(e) one is to be selected from among themselves by the members of the Farmers’ Union of Wales or any successor organisation whatever its title; and
(f)
(f) one is to be selected from among themselves by the members of the National Farmers’ Union or any successor organisation whatever its title.
(2) The independent members must be appointed by the Welsh Ministers in accordance with the Public Appointments Code of Practice.
(3) In appointing the chair of the Panel or an independent member, the Welsh Ministers must have regard to the desirability of—
(a)
(a) appointing a person who has experience of, and has shown some capacity in, some matter relevant to the exercise of the Panel’s functions; and
(b)
(b) securing that a variety of skills and experience is available among members of the Panel.
(4) The members of the Panel selected under paragraphs (1)(e) and (f) are to represent the interests of persons who employ agricultural workers.
Appointment of first members
6.—(1) The Welsh Ministers must appoint the first chair of the Panel and first independent members before the establishment day and those appointments take effect on the establishment day; but no appointment will be treated as invalid by reason only of a failure to make the appointments in accordance with this article.
(2) Each first representative member must be selected by the respective organisation before the establishment day and each selection shall take effect on the establishment day; but no selection shall be treated as invalid by reason only of a failure to make the appointments in accordance with this article.
Terms of appointment and selection
7.—(1) The chair of the Panel and the independent members—
(a)
(a) will hold office for a period of four years from the date on which they are appointed by the Welsh Ministers; and
(b)
(b) will in other respects hold and vacate office subject to this Order and in accordance with the terms of their appointment.
(2) The representative members—
(a)
(a) will hold office for a period of four years from the date on which they are selected by their respective organisations; and
(b)
(b) will in other respects hold and vacate office subject to this Order and in accordance with the terms of their appointment.
(3) The Welsh Ministers may, by written notice, remove any member of the Panel, including the chair of the Panel, from office if they are satisfied that the member of the Panel—
(a)
(a) without reasonable excuse, has not complied with the terms of appointment or selection; or
(b)
(b) is unable or unfit to discharge their functions or is otherwise unsuitable to continue as a member of the Panel.
(4) A removal of a member of the Panel by the Welsh Ministers has immediate effect, unless otherwise specified in the written notice given by the Welsh Ministers.
(5) A member of the Panel will, on ceasing to hold office, be eligible for re-appointment or selection subject to paragraph (6).
(6) No person may be a member of the Panel—
(a)
(a) for more than eight years, whether or not that period is continuous; or
(b)
(b) if that person has been removed as a member of the Panel by the Welsh Ministers in accordance with paragraph (3).
Resignation
8.—(1) The chair of the Panel may, by giving at least two months’ written notice to the Welsh Ministers, resign as chair of the Panel and will cease to be a member of the Panel upon the expiration of that notice period.
(2) Any member of the Panel, who is not the chair of the Panel may, by giving at least two months’ written notice to the chair of the Panel, resign as a member of the Panel and will cease to be a member of the Panel upon the expiration of that notice period.
(3) Upon receipt of an independent member’s notice of resignation, the chair of the Panel must inform the Welsh Ministers as soon as is reasonably practicable.
(4) Where the resigning member is the chair of the Panel, the independent members will select from among themselves a temporary chair who is to hold office as chair of the Panel until a new chair of the...
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