Lynton and Barnstaple - Operations and Development

Don't want to get involved in LBR internal wranglings, but just to correct this legal misunderstanding: regulation *is* law. And GDPR is UK law.
Common misunderstanding, but don't make the mistake!

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I can recall reading the results of uncontested elections at another railway where there were votes against one of the candidates, however, not enough to block their re-appointment.

 

Thanks @andrewshimmin

Just to clarify my understanding which is that Parliament is Supreme would you kindly state the date the GDRP was given Royal Assent as per all other Statutes/Acts of law.

My understanding is, when the UK was a EU member state the Uk had to either adopt the GDPR or come up with an equal (as a minimum) or enhanced legislative solution, hence we have the DPA18 which in many respects is far more robust. It may be you are confusing the GDPR (EU regulations) with the ‘UK GDPR’ which came into effect in January.

The DPA 2018 sets out the framework for data protection law in the UK. It updates and replaces the Data Protection Act 1998, and came into effect on 25 May 2018. It was amended on 01 January 2021 by regulations under the European Union (Withdrawal) Act 2018, to reflect the UK’s status outside the EU.

Let’s not forget that we are no longer part of the European Union.

By all means correct me if you don’t agree.

Regards,

C.R.


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Without getting into debate over Brexit (there’s another thread for that!), GDPR was binding on UK law without requiring primary legislation due to the way that EU Regulations operate on member states. It did require additional elements to make it work in UK law which, combined with Brexit, led to DPA 2018.


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Thank you @35B:

Your quite right this isn’t really the platform to debate legislation or Bexit.

However what is concerning is, if what you say is correct I’ve just failed the SQE exam. Further, my LLB(Hons) Dissertation must have been marked incorrectly.

Not to worry I’ve always got volunteering as a fall back plan.


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GDPR had direct effect in the UK as a binding regulation during the period of our EU membership, and was then retained in UK domestic law by the European Union (Withdrawal) Act 2018. So, yes, it is current UK law.

 

someone at the AGM raised the point that the retiring trustee's should not continue until the rerun of the voting,the chairman stated that he would simply co-opt them back onto the board until then,whether this was done or not i dont know,one of the retiring trustee's had a little rant about who in the room would 'volunteer' to fill their places in the meantime and it was then asked why the remaining 6 trustee's could not 'fill in' for them and the same trustee simply suggested that the other trustee's couldn't cover their places in the meantime which makes one wonder if some form of continuity is actually in place

 

IMHO as a 'layman' in such matters, the retiring Trustee's terms expired at the AGM in accordance with the 'rules'. IF the Board has subsequently co-opted all three, well they are entitled to do that, BUT....there are then no vacancies for which to have a re-run of the elections! IMHO also there would have to be formal confirmation that the co-optees have resigned on/before the date of the election re-run.

 

I suspect the correct answer is that the retiring Trustees should lose their position at the conclusion of the AGM, but could be co-opted back into the board at the next Board meeting.

In practical terms, the main significance would be during the hiatus between those two events, they would not be Trustees and therefore in that period not formally accountable for any business between those two events.

There would be vacancies at the next general meeting, since normal practice would be that a co-opted trustee would only be in post until their position could be confirmed by election.

Tom

 

I am informed by a CIC director that the election of trustees is to be re-run on 11th November, so ballot papers will be arriving soon.

Armistice Day - let's hope that date has some significance moving forward...

 

Firstly, it is not clear yet whether the re-run of the elections will take place at a General Meeting or be done simply by postal vote.

Secondly, even if a GM is called for the purpose, Article 44 of the A&As states:-
"44. The trustees may appoint a person who is willing to act to be a trustee either to fill
a vacancy or as an additional trustee provided that the appointment does not cause
the number of trustees to exceed any number fixed by or in accordance with the
articles as the maximum number of trustees. A trustee so appointed shall hold office
only until the next following annual general meeting"

Note the specific reference to ANNUAL GM, as opposed to any other form of GM, so IMHO there would be no compulsion on any co-opted Trustees to stand down simply to enable the election to be re-run. Although, of course, one would hope that they would all do the decent thing....

 

When we were in, Regulations had direct effect, directives required legislation (and had margin for appreciation).

GDPR has been expressly carried over as Tobes pointed out.

 

In which case, let's hope it's an armistice serves longer than it's antecedent.

 

Absolutely. Then again, an awful lot can, and does, happen in 21 years.

 

Let's just hope that Dominion will not be providing the ballot counting mechanism!

 

Maybe they'll send in the Jem' Hadar

 

Despite the detailed discussion of GPDR, voting systems and somewhat obscure references, as I said earlier ........

......."I still hope that - behind the scenes and off social media....discussions are going on between all parties to resolve this situation and retain the valued contributions, of the past and for the future, of all the individuals. Volunteers are often hard to find and many do not want additional responsibilities, retaining good people is crucial.
I'm sure all concerned want to see a vibrant, growing, L & B Railway."

 

why? or are you a believer in trump's lies?

 

Is he standing for Trustee then? Best beware planning apps for golf courses.