S.L. 605.5 Art. 5Constitution of the Council.

(1) The Council shall be composed of nine members appointed as follows:

(a) a Chairperson appointed by the Minister;

(b) a member with competence in ELT appointed by the Minister;

(c) a member nominated by the Minister responsible for tourism;

(d) a member nominated by the Minister responsible for tourism from among persons with industry experience;

(e) a member nominated by the National Commission for Further and Higher Education;

(f) two members nominated by the Association;

(g) one member elected by the associated licensed Schools;

(h) one member elected by the non-associated independent licensed schools provided that the members referred to in paragraphs (g) and (h) are in the full-time employment positions at National Qualifications Framework level 6 of licensed Schools that operate all year round.

(2) Prior to the first meeting of the Council, the Chairperson and the four other members appointed in terms of the sub-regulation (1)(b), (c), (d) and (e) shall convene a meeting of licensed Schools in order to elect the two members of the Council in terms of sub-regulation (1)(g). This meeting shall be convened within one month of the appointment of the Chairperson and the other four members. Each licensed School present shall have one vote. In the case of a tie of votes, a re-vote shall be taken.

(3) The Council members shall be appointed for a period not exceeding three years and each member on expiration of his term of office shall be eligible for reappointment.

(4) If any vacancy in the Council occurs for any cause, the Minister shall, as soon as practicable, appoint another person to fill the vacancy.

(5) The meetings of the Council shall be summoned by the Chairperson and the Council shall meet as often as may be necessary but regularly once every month.

(6) The number of members present and deemed to constitute a quorum at the meetings of the Council shall be five members present, but subject to the presence of a quorum, the Council may act notwithstanding any vacancy among its members.

(7) In the absence of consensus, decisions of the Council shall be taken by a majority of votes of the members present. The Chairperson of the Council shall have both an original vote and, in the case of a tie, a casting vote.

(8) Without prejudice to the aforesaid and to what may be prescribed, the Council may make its own rules and otherwise regulate its own procedures.

(9) The Council shall be legally represented by the Chairperson or, by resolution of the Council, by any other member or by the Chief Executive Officer, or Council official as the Council may from time to time decide.