HC Deb 13 December 1932 vol 273 cc313-5

1. The representative of the Advisory Committee shall be selected by that committee from amongst the members of the committee appointed by local authorities or groups of local authorities and shall hold office as such represestative for a term of three years. Notice of the appointment of such representative shall be given by the committee to the Minister.

2. The Minister shall take such steps as may be necessary as soon as may be after the passing of this Act for summoning the first meeting of the Appointing Trustees.

3. The Appointing Trustees shall appoint-from amongst their number a chairman.

4. Every question at a meeting of the Appointing Trustees shall be decided by a majority of votes of the members present and voting on that question, and in the case of equality of votes the person presiding at the meeting shall have a second or casting vote.

5. A minute of the proceedings of the Appointing Trustees signed at the same or the next meeting by a member of the Trustees describing himself as, or appearing to be, the person presiding at the meeting at which the minute is signed shall be received in evidence without further proof.

6. Until the contrary is proved every meeting of the Trustees in respect of the proceedings whereof a minute has been so made shall be deemed to have been duly convened and held.

7. Subject to the provisions of this Schedule the Appointing Trustees may regulate their own procedure.

8. No act or proceeding of the Appointing Trustees shall be questioned on account of the appointment of any member having been defective.—[Mr. Pybus.]

Brought up, and read the First time.

Mr. PYBUS

I beg to move, "That the Schedule be read a Second time."

This Schedule is consequential on the Amendment already made to Clause 1 transferring the duty of appointing the members of the board from the Minister to a body of appointing trustees. We discussed this matter at some length at the earlier stage, and this new Schedule provides the machinery.

Mr. ATKINSON

I beg to move, in line 15, at the end, to insert the words: Three Appointing Trustees shall constitute a quorum. 8.38 p.m.

I observe that there is no provision in the Schedule for any less number than five constituting a quorum, and, just as it is necessary when framing Articles for dealing with boards of directors—

Mr. D. G. SOMERVILLE

On a point of Order. May I ask if this is in order? Have we not passed the Schedule?

The DEPUTY-CHAIRMAN (Captain Bourne)

The Hon. Member seems to be under a misapprehension. The first Question that I had to put was, "That the Schedule be read a Second time,' and, that having been agreed to, it is in order for any hon. Member to move Amendments to the new Schedule.

Mr. ATKINSON

I think that the same rule would probably apply as in the case of boards of directors, that, unless there were some provision authorising less than the full number to exercise the powers given to the appointing trustees, a serious question might be raised as to whether what they did was within their powers or not if a lesser number than the whole were purporting to exercise them. I do not mind whether the quorum -consists of three, or four, or any other number. I merely move the Amendment for the purpose of raising the point.

8.40 p.m.

Mr. PYBUS

It was not thought necessary to fix the number of appointing trustees that should constitute a quorum. It was originally thought that the matter might be left to the trustees themselves. At the same time, the Government see no objection to fixing the quorum in the Bill, and, accordingly, they are prepared to accept the Amendment.

Amendment agreed to.