SCHEDULE 5 - Provisions with respect to the membership and meetings of the Council

Section 14

1.    Interpretation

In this Schedule, appointed member means a member of the Council referred to in paragraph (a) , (e) , (g) , (h) , (i) or (j) of section 14 (2) .

2.    Term of office

(1) An appointed member holds office as a member of the Council for a term of 3 years, unless he sooner vacates office under this Schedule.

(2) The Governor may remove an appointed member of the Council from office if he is satisfied that member –

(a) has become incapable of carrying out his duties;

(b) has misconducted himself in the performance of the duties of his office;

(c) has, without leave of the Council, been absent from 3 or more consecutive meetings of the Council;

(d) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded or entered into an arrangement with his creditors; or

(e) has been convicted in this State of a crime or an offence that is punishable by imprisonment for a term of 12 months or more, or has been convicted of a crime or an offence which would, if committed in this State, be a crime or an offence so punishable, or has been convicted, whether in this State or elsewhere, of a crime or offence for which he has been sentenced to imprisonment.

(3) Subject to subclause (4) , where an appointed member of the Council dies or ceases to hold office otherwise than by reason of the effluxion of time, the Governor may appoint a person to fill the office for the remainder of the term for which the vacating member was so appointed.

(4) The Governor may remove from office a member of the Council appointed on the nomination of an organization referred to in paragraph (h) , (i) or (j) of section 14 (2) if he is satisfied, having regard to the information supplied by the organization or the bodies that nominated the member, that the member is no longer qualified to represent that organization or those bodies on the Council and the Governor may appoint a person nominated by the relevant nominating organization or bodies to fill the office for the remainder of the term for which the member removed from office was appointed.

(5) An appointed member may, by instrument in writing under his hand addressed to the Governor, apply to resign from office, and he vacates that office on the acceptance of the application by the Governor.

3.    Remuneration of members

The members of the Council shall be paid such remuneration and allowances as the Governor may determine, but no remuneration shall be paid pursuant to this section to a member of the Council who is a State Service officer or State Service employee, except with the approval of the Head of the State Service Agency in which the officer or employee is employed.

4.    Meetings of Council

(1) The chairperson of the Council must convene a meeting of the Council at least once in each 3 month period.

(2) Notwithstanding subclause (1) , the chairperson of the Council shall convene a meeting of the Council when required to do so by 3 or more members of the Council.

(3) The chairperson of the Council shall preside at all meetings of the Council at which he is present and has a deliberative vote.

(4) .  .  .  .  .  .  .  .  

(5) In the absence of the chairperson from a meeting of the Council, the members present shall elect one of their number to preside at the meeting.

(6) Five members constitute a quorum of the Council.

(7) A question arising at a meeting of the Council shall be determined by a majority of the votes of the members present and voting on the question and, in the event of an equality of votes, the chairperson or other member presiding at the meeting may exercise a second or casting vote and, if that right is not exercised, the matter stands adjourned to the next meeting of the Council.

(8) Subject to this clause, the Council may regulate its own proceedings in such manner as it thinks fit.