or other Urban District, the Council of a Rural District, or the "District " means the District or Area for which the Local Authority acts. "Local Committee " means any Local Committee appointed by the Local Authority under these regulations or any Sub-Committee or Special Sub-Committee appointed by the Local Committee, and consisting of members of the Local Committee. "Appeal Tribunal" means any Appeal Tribunal established by the Board of Trade under the Act, or any Committee of such Appeal Tribunal appointed by the Appeal Tribunal and consisting of members of the Appeal Tribunal. "Prescribed " means Prescribed by the Board of Trade. Other words or expressions which are defined by the Act have the same meaning as in the Act. PART 1. Constitution of Local Committees. 1. The Local Authority may appoint a Local Committee under the Act consisting of not less than seven, and not more than twentyfive, members to act for the district of the Local Authority. Provided that the Board of Trade, in pursuance of its powers under the Act may make, as respects any particular district, any modification of this provision. 2. The Local Authority may from time to time appoint such additional members of the Local Committee as in the opinion of the Authority may be necessary; so however, that there shall not at any time be more than twenty-five members. The Local Authority may also fill vacancies caused by death, retirement or otherwise on the Local Committee, and in any case in which they are of opinion that it is desirable, in order to secure the due administration of the Act so to do, the Local Authority may revoke the appointment of any member. 3. In the appointment of members of the Local Committee the Local Authority shall provide that not less than two members of the Committee shall be women. The Local Authority shall also provide for the adequate representation of Labour on each Committee, and in order to provide for compliance with Regulation 30, shall further provide for the representation of the Local Food Control Committee by the appointment to the Local Committee of not less than three members of the Local Food Control Committee. 4. The expenses of any Local Committee established by a Local Authority in England or Wales shall be defrayed by the Local Authority out of the same fund or rate as expenses incurred by the Local Authority under the Public Health Act, 1875, or the Public Health (London) Act 1891, as the case may be, and in Scotland out of the public health general assessment, provided that such expenses shall not be reckoned in any calculation as to the statutory limits of that assessment. Procedure. 5. The Local Committee shall elect a Chairman who shall preside at the Meetings of the Committee. If the Chairman is absent from any meeting the members present shall choose one of themselves to preside, and that member shall, for the time being, have all the powers of the Chairman. 6. The Local Committee may appoint a clerk and such clerk may take proceedings on behalf of the Local Committee in a Court of Summary Jurisdiction. 7. The Local Committee may act through Sub-Committees appointed by the Local Committee consisting of members of the Local Committee, and containing one woman member and adequate representation of labour in each case, and such Sub-Committee shall have all the powers of the Local Committee under these regulations other than the power to take proceedings before a Court of Summary Jurisdiction. In any case in which the Sub-Committee consider that proceedings should be taken they shall report to the Local Committee who may act on their report. These regulations shall so far as applicable apply to such Sub-Committees. 8. The quorum of the Local Committee, or of any Sub-Committee of the Local Committee, shall be such number of members not being less than three as the Local Committee may decide. 9. All complaints to the Local Committee shall be heard in public, unless the Local Committee in any particular case, due regard being given to the interests of the parties and to all the circumstances of the case, direct that the complaint or any part of the proceedings thereon shall be heard in private; provided always that the Local Committee may exclude the parties and the public at any time during the hearing of a complaint for the purpose of conferring upon any question affecting the decision of the complaint. 10. Questions before a Local Committee shall be decided by a majority of such of the members of the Committee as are present and vote, but a member shall not take part in the consideration of, or vote upon any question relating to a complaint where he is a trade competitor of the person against whom the complaint has been lodged (in this Part referred to as the Respondent), or in which such member is otherwise personally interested; and a member shall not vote on any question affecting the decision of the complaint unless has been present throughout the proceedings upon the hearing of the complaint. II. In the event of an equality of votes, the Chairman shall have a second or casting vote. 12. The Board of Trade may, if they think fit, prescribe notices and any other documents or forms which may be used for facilitating the proceedings of the Local Committee in the operation of the Act. 13. Notices and other documents required to be delivered to the Local Committee shall be sent to the office of the clerk to the Local Committee, and may be delivered at, or sent by post to, that office. Notices required to be sent to a complainant or to a respondent may be sent by post to or delivered at such person's usual or last known place of abode. 14. Unless otherwise directed in any case by the Board of Trade, a complaint shall be made to the Local Committee for the district or area in which the sale or transaction complained of took place. Lodging and Hearing of Complaints. 15. The complaint shall be made in writing to the office of the clerk to the Local Committee, and shall be delivered at, or sent by post so as to be delivered at, that office within four days of the date of the sale or transaction which is the subject of the complaint. 16. The written complaint shall be considered by the Local Committee, and in any case in which the Local Committee are of opinion that the complaint does not give the required particulars, or does not disclose prima facie grounds for hearing the complaint, it shall be competent to the Local Committee (a) after giving the complainant an opportunity of being heard to dismiss the complaint without calling upon the respondent; or (b) to notify the complainant that unless further and better particulars or grounds of complaint, as the case may be, be given, the complaint will be dismissed; and in the latter case unless such further and better particulars or grounds of complaint, as appear to the Committee to justify further action on their part, are delivered to them not more than three days after such notification has been sent to the complainant, or within such extended time as may be allowed by the Local Committee, the complaint shall be dismissed. Complaints delivered after the expiration of the fourth day after the date of the sale or transaction complained of shall be dismissed forth. with. 17. If on the preliminary investigation or consideration of the complaint, the Local Committee are satisfied that a prima facie cause of complaint has been disclosed, the Local Committee shall hear the complaint, and at least three days before the hearing of the complaint shall send to the complainant and to the respondent notice in writing of the date and place fixed for the hearing. 18. For the purpose of ascertaining the facts relevant to the decision of the complaint, the Local Committee shall hear such witnesses as they think fit, provided that they shall in all cases give the complainant and respondent an opportunity of being heard. 19. The Local Committee may summon to appear before them any person whom they wish to examine, and whose evidence may in their opinion be relevant to the complaint under investigation, and may call for the production of any documents relevant to the complaint. 20. The complainant and respondent may conduct their own case before the Local Committee, or may be represented by persons appointed by them for that purpose. 21. The Local Committee shall have power to require any person appearing before them to give evidence on oath, and shall have power to authorise any person to administer an oath for the purpose. 22. If upon the hearing of the complaint, the Local Committee are satisfied that a profit has been made, or has been sought, on the sale or offer for sale of an article which is, in view of all the circumstances, unreasonable, the Local Committee shall declare a price which would yield a reasonable profit, and shall require the seller to repay to the complainant any amount paid by the complainant in excess of such price, and they may take proceedings against the seller before a Court of Summary Jurisdiction. Provided always that in declaring the price which would yield a reasonable profit a rate of profit which does not exceed the fair average rate earned by persons in the same way of business as the seller upon the sale of similar articles under pre-war conditions shall not be deemed unreasonable. 23. If, on the hearing of the complaint, the Local Committee are not satisfied that an unreasonable profit has been made or sought, they shall dismiss the complaint. 24. The decision of a Local Committee upon a complaint shall be forthwith communicated in writing by the Local Committee to the complainant and to the respondent. 25. Any seller aggrieved by any order or decision of the Local Committee other than a decision to take proceedings before a Court of Summary Jurisdiction may appeal to the Appeal Tribunal for the Area against the decision of the Local Committee by delivering to the Local Committee in the prescribed form in duplicate a notice of appeal, not later than three clear days after the decision in writing of the Local Committee shall have been delivered to the complainant and respondent, or within such extended time as, for good reasons shown, the Local Committee may allow. The Local Committee shall thereupon send to the complainant the duplicate notice of appeal. If an appeal is duly made from the decision of the Local Committee action on any order made by the Local Committee respecting such decision shall be suspended until the decision of the Appeal Tribunal has been duly communicated to the Local Committee. 26. The Local Committee shall, in any case in which notice of appeal is given, send forthwith to the Appeal Tribunal for the Area the notice of appeal and the written complaint, together with any documents in the possession of the Local Committee relating to the complaint, and the Local Committee may indicate the reasons for their decision. 27. The Local Committee shall furnish to the Appeal Tribunal any other information respecting the decision of the Local Committee upon any complaint which is the subject of an appeal to the Appeal Tribunal, and may appoint a member of the Local Committee or some other person duly authorised in that behalf to appear and place before the Appeal Tribunal the grounds upon which the Local Committee came to the decision which is the subject of the Appeal. 28. A Register shall be kept by the Local Committee, recording the decisions of the Local Committee and of any Sub-Committee on each complaint, together with a copy of the complaint. Complaints Relating to Articles of Food and Drink. 29. Complaints relating to profiteering or alleged profiteering arising out of the retail sale of any article or class of articles of food or drink to which the Act may be applied shall be referred by the Local Committee to a special Sub-Committee of the Local Committee, and shall be investigated, heard and determined by such special SubCommittee, who for that purpose shall have all the powers of the Local Committee by whom the complaint has been referred except the power to take proceedings before a Court of Summary Jurisdiction. 30. The special Sub-Committee shall consist of five members of whom not less than three shall be members of the Local Food Control Committee. 31. The preceding Regulations except Regulations 13, 14 and 15 shall so far as applicable apply in the case of the Special Sub-Committee with the substitution of Special Sub-Committee " for "Local Committee." PART II. Appeal Tribunals. 32. There shall be Appeal Tribunals acting within such areas as the Board of Trade may appoint, consisting of such persons as may be appointed for the purpose by the Board of Trade. 33. The Appeal Tribunals may act through committees appointed by the Appeal Tribunal consisting of members of the Appeal Tribunal. 34. The Appeal Tribunal shall elect a Chairman who shall preside at the meetings of the Tribunal, provided that in Scotland the Sheriff if a member of an Appeal Tribunal shall be Chairman. If the Chairman is absent from any meeting the members present shall chose one of themselves to preside who shall have all the powers of the Chairman. 35. The Regulations contained in the preceding paragraphs of these Regulations shall so far as applicable apply in the case of the Appeal Tribunal with the substitution of "Appeal Tribunal" for "Local Committee " and "Appellant " for "Respondent." 36. As soon as may be after receiving a notice of appeal the Appeal Tribunal shall fix a date for the hearing of the appeal, and at least three days before the date fixed the Appeal Tribunal shall send to the |