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Norfolk and Suffolk Broads Act 1988

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7 Alteration of constitution of Authority.E+W

(1)Where the Authority has, following the passing by it of a special resolution, made a written proposal to the Secretary of State—

(a)for the appointment of one or more additional members of the Authority by a specified appointing authority or by some other specified body or individual;

(b)for a variation in the number of members of the Authority who may be appointed by a specified appointing authority;

(c)for an appointing authority to cease to be entitled to appoint to membership of the Authority; or

(d)for the appointment of one or more of the members of the Authority to be made jointly by two or more appointing authorities;

the Secretary of State may, if he thinks fit, by order amend this Act in such manner as he considers necessary or expedient for the purpose of giving effect to the proposal.

(2)Where the area which constitutes the Broads for the purposes of this Act is varied by an order made under Schedule 2 to this Act, the Secretary of State may, if he thinks fit, by order amend this Act (so far as it is concerned with the constitution of the Authority) in such manner as he considers necessary or expedient in consequence of the order under Schedule 2.

(3)Before making any order under this section, the Secretary of State shall consult each of the appointing authorities and such bodies appearing to him to represent boating interests as he considers appropriate.

(4)Any order under this section may, in addition to making any provision which is authorised by section 24(3) of this Act, amend any local enactment in such manner as the Secretary of State thinks necessary or expedient in consequence of giving effect to the proposal in question or (as the case may be) of the order under Schedule 2.

(5)In this section—

  • amend” includes repeal;

  • special resolution” means a resolution of the Authority—

(a)passed at a meeting specially convened for the purpose; and

(b)in favour of which at least three quarters of the members of the Authority voted at that meeting; and

specified” means specified in the proposal in question.

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