{
  "url": "https://openlegislation.uk/milk-marketing-board-residuary-functions-regulations-1994/regulation-5",
  "json_url": "https://openlegislation.uk/milk-marketing-board-residuary-functions-regulations-1994/regulation-5.json",
  "legislation": "uksi/1994/2759",
  "legislation_title": "The Milk Marketing Board (Residuary Functions) Regulations 1994",
  "legislation_url": "https://openlegislation.uk/milk-marketing-board-residuary-functions-regulations-1994",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Members of the Board",
  "text": "(1) The Board shall consist of not more than seven members whom the Minister shall appoint.\n(2) The Minister shall designate one of the members appointed under this regulation as chairman of the Board.\n(3) In appointing a person to be a member of the Board, the Minister shall have regard to the desirability of appointing–\n(a) persons who have experience of, and have shown capacity in, some matter relevant to the Board’s functions, and\n(b) (without prejudice to sub–paragraph (a) above) not more than three persons who are producers.\n(4) Subject to the following provisions of this regulation, a member of the Board shall hold and vacate office in accordance with the terms of his appointment specified in the instrument by which the Minister appoints him, which shall include a condition that the member shall comply with the provisions of these Regulations binding on him and ensure in combination with the other members that the Board complies with the provisions of these Regulations binding on them.\n(5) Any appointment of a person as a Board member shall be for a term not exceeding two years, but a person who ceases to be such a member at the end of the term shall be eligible for re–appointment.\n(6) A member of the Board may by notice to the Minister resign his office with effect from such time as is specified in the notice.\n(7) If the Minister is satisfied in relation to a member of the Board–\n(a) that that member has been absent without the written permission of the chairman of the Board from two consecutive meetings of the Board, or\n(b) that that member has been adjuged bankrupt, that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors, or\n(c) that that member is unable or unfit to discharge the functions of a member, or\n(d) that that member has not complied with the terms of his appointment,\nthe Minister may by notice to him remove him from office with effect from such time as is specified in the notice.\n(8) The chairman of the Board may by notice delivered to the secretary of the Board appoint another person as his deputy (in this regulation referred to as “vice–chairman”) and paragraphs (9) to (13) below, as well as regulation 10(2) and those preserved provisions of the old marketing scheme which relate to the powers of a vice–chairman, shall apply to such appointment, to the revocation of such appointment and to the powers and responsibility of a vice–chairman.\n(9) A person may not be appointed as a vice–chairman unless he is a member of the Board.\n(10) The appointment of a vice–chairman ceases to have effect in either of the following circumstances–\n(a) where the chairman of the Board by notice delivered to the secretary of the Board revokes the appointment of the vice–chairman, or\n(b) where the person who appointed him has ceased to be a member under the provisions of this regulation or has ceased to be appointed to the office of chairman of the Board.\n(11) A vice–chairman shall be entitled (in so far as he would not otherwise be so entitled) to receive notice of all meetings of any committees of the Board of which the chairman of the Board is a member and in the absence of the chairman of the Board to attend such meetings.\n(12) When a vice–chairman attends any meeting of a committee of the Board pursuant to paragraph (11) above or any meeting of the Board from which the chairman of the Board is absent, the vice–chairman shall be entitled–\n(a) to exercise all the powers, rights, duties and authorities of the chairman of the Board, and\n(b) to have a separate vote for the chairman of the Board,\nalthough he shall count as only one for the purpose of determining whether a quorum is present.\n(13) A person acting as vice–chairman shall–\n(a) alone be responsible to the Board for his own acts and defaults, and\n(b) not be deemed to be the agent of the chairman of the Board.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/2759/regulation/5",
    "retrieved_at": "2026-10-29T13:24:11.167751+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}