Countryside and Rights of Way Act 2000

Local authority members E+W

4 (1) The local authority members of a conservation board shall be appointed in accordance with the provisions of the relevant order. E+W

(2) The relevant order must provide either—

(a) for the local authority members to be appointed by such of the local authorities for areas wholly or partly comprised in the area of outstanding natural beauty as may be specified in or determined under the order (“the relevant councils”), or

(b) for the local authority members to be appointed by such of the relevant councils as may be determined in accordance with a scheme contained in the relevant order.

(3) A person shall not be appointed as a local authority member of a conservation board unless he is a member of a local authority the area of which is wholly or partly comprised in the relevant area of outstanding natural beauty; and, in appointing local authority members of a conservation board, a local authority shall have regard to the desirability of appointing members of the authority who represent wards, or (in Wales) electoral divisions, situated wholly or partly within the relevant area of outstanding natural beauty.

(4) Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his membership of any local authority is appointed as a local authority member of a conservation board—

(a) he shall hold office from the time of his appointment until he ceases to be a member of that authority; but

(b) his appointment may, before any such cessation, be terminated for the purposes of, and in accordance with, sections 15 to 17 of the M1 Local Government and Housing Act 1989 (political balance).

(5) Sub-paragraph (4)(a) shall have effect so as to terminate the term of office of a person who, on retiring from any local authority, immediately becomes such a member again as a newly elected councillor; but a person who so becomes a member again shall be eligible for re-appointment to the conservation board.

(6) The appointment of any person as a local authority member of a conservation board may provide that he is not to be treated for the purposes of sub-paragraph (4) as qualifying for his appointment by virtue of his membership of any local authority other than that specified in the appointment.

(7) In paragraph 2(1) of Schedule 1 to the Local Government and Housing Act 1989 (bodies to which appointments have to be made taking account of political balance), after paragraph (ba) there is inserted—

“(bb) a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000;”.

Annotations:

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Commencement Information

I1 Sch. 13 para. 4 wholly in force at 1.5.2001; Sch. 13 para. 4 not in force at Royal Assent see s. 103(3); Sch. 13 para. 4 in force for E. at 1.4.2001 by S.I. 2001/114, art. 2(2)(e); Sch. 13 para. 4 in force for W. at 1.5.2001 by S.I. 2001/1410, art. 2(g)

Marginal Citations

M1 1989 c. 42.