The Gangmasters (Licensing Authority) Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/805 |
| Year | 2015 |
2015No. 805
EMPLOYMENT
The Gangmasters (Licensing Authority) Regulations 2015
19thMarch2015
The Secretary of State, in exercise of the powers conferred by sections 1(5) and 25(2) of the Gangmasters (Licensing) Act 2004( 1), makes the following Regulations.
In accordance with paragraph 5 of Schedule 2 to the Gangmasters (Licensing) Act 2004 the Secretary of State has consulted the Department of Agriculture and Rural Development in Northern Ireland.
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
Citation, commencement and interpretation
1.-(1) These Regulations may be cited as the Gangmasters (Licensing Authority) Regulations 2015 and come into force on the day after the day on which they are made.
(2) In these Regulations-
"the 1973 Act" means the Employment Agencies Act 1973( 2);
"the 2004 Act" means the Gangmasters Licensing Act 2004;
"the Board" means the Board established under regulation 3(1);
"the chairman" means the chairman appointed pursuant to regulation 4(2).
Body corporate and application of seal
2.-(1) The Authority is a body corporate.
(2) The application of the seal of the Authority must be authenticated by the signature of-
(a) the chairman; or(b) any other person who has been authorised by the Board (whether generally or specifically) for that purpose.(3) A document purporting to be-
(a) duly executed by the Authority under its seal,(b) issued by the Authority, or(c) signed on its behalf,must be received in evidence and must, unless the contrary is proved, be taken to be so executed, issued or signed.
Role of the Board
3.-(1) The Authority must have a Board which must direct its affairs.
(2) The Board must ensure that the Authority properly discharges its functions and complies with the requirements of these Regulations.
(3) The Board may determine its own procedures.
(4) If the Board establishes advisory committees, whose members are not members of the Board, it must take into account any recommendations made by any such committee.
(5) The validity of any proceedings of the Board, or any of its committees, shall not be affected by-
(a) any vacancy among members of the Board or its committees;(b) any vacancy in the office of the chairman of the Board;(c) any defect in the appointment of any member of the Board;(d) any defect in the appointment of the chairman of the Board; or(e) any defect in the appointment of any member or chairman of a committee.Membership of the Board
4.-(1) The Board must consist of-
(a) a chairman; and(b) no more than eight additional members.(2) The chairman must be appointed by the Secretary of State in consultation with the Minister of Agriculture and Rural Development in Northern Ireland.
(3) The other members of the Board must be appointed by the Secretary of State.
Tenure of office and remuneration of the Board
5.-(1) Subject to the provisions of this regulation, each member of the Board must hold and vacate office in accordance with the terms of their appointment.
(2) At the end of their period of appointment, each member of the Board must continue to hold office until the appointment of their successor takes effect.
(3) A member of the Board may resign by giving notice in writing to the Secretary of State.
(4) The Secretary of State may remove a member of the Board from office if-
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