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The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004

Status:

This is the original version (as it was originally made).

Article 5

SCHEDULE 1SPECIFIED LOCAL AUTHORITIES

  • Bath and North East Somerset Council

  • Cheltenham Borough Council

  • Cherwell District Council

  • Cotswold District Council

  • Gloucestershire County Council

  • North Wiltshire District

  • Oxfordshire County Council

  • South Gloucestershire Council

  • Stratford on Avon District Council

  • Stroud District Council

  • Tewkesbury Borough Council

  • Warwickshire County Council

  • West Oxfordshire District Council

  • West Wiltshire District Council

  • Wiltshire County Council

  • Worcestershire County Council

  • Wychavon District Council

Articles 6 and 9(1)(c)

SCHEDULE 2PROVISIONS FOR APPOINTMENT OF PARISH MEMBERS OF THE BOARD

PART IAppointment of First Parish Members

General

1.  In this Schedule—

“a completed nomination form” means a form complying with paragraph 5; and

“the start date” means the date this Order comes into force.

2.  The first parish members of the Board shall be appointed in accordance with the election procedures set out in paragraphs 3 to 14.

3.  Each of the 8 groups of parishes specified in Part IV of this Schedule shall appoint 1 parish member of the Board in accordance with the election procedures set out in paragraphs 4 to 14.

Notice of election and nomination of candidates

4.—(1) The Countryside Agency shall, not later than 15 days from the start date, give to each of the parish councils and parish meetings (if any) in each group of parishes specified in Part IV of this Schedule written notice of the election by that group of one parish member of the Board.

(2) The notice of election referred to in sub-paragraph (1) shall—

(a)be accompanied by a form of nomination by the parish council or the parish meeting, as the case may be, for one candidate for election as a parish member of the Board;

(b)state that the completed nomination form shall be delivered to the Countryside Agency not later than 57 days from the start date; and

(c)explain the effect of the provisions of this Part of the Schedule.

5.  A completed nomination form shall—

(a)state the full name of the candidate, placing the surname first;

(b)state the home address in full of the candidate;

(c)state that the candidate is—

(i)a member of a parish council for a parish the whole or any part of which is comprised in the Cotswolds Area of Outstanding Natural Beauty, or

(ii)the chairman of the parish meeting of a parish, which does not have a separate parish council, the whole or any part of which is comprised in the Cotswolds Area of Outstanding Natural Beauty;

(d)if desired, give a description of the candidate in not more than 300 words in relation to that candidate’s appropriateness to be a parish member of the Board;

(e)be signed—

(i)on behalf of a parish council, by the chairman of that parish council or by one of the parish councillors of that council acting on his behalf; or

(ii)on behalf of a parish meeting of a parish which does not have a separate parish council, by the chairman of that parish meeting or by one of the local government electors for that parish acting on his behalf; and

(f)include the consent of the candidate to nomination and that consent shall be signed by the candidate.

Decisions as to validity of nomination papers

6.—(1) Where a completed nomination form is delivered to the Countryside Agency in accordance with paragraph 4(2), the candidate shall be deemed to stand nominated unless and until—

(a)the Countryside Agency decide that the completed nomination form is invalid;

(b)proof is given of the candidate’s death; or

(c)the candidate withdraws.

(2) As soon as practicable after a completed nomination form has been delivered, the Countryside Agency shall examine it and decide whether the candidate has been validly nominated.

(3) The Countryside Agency are entitled to hold a nomination invalid only on the grounds that the requirements of paragraph 5 have not been complied with.

(4) Where the Countryside Agency decide that a nomination is invalid, they shall endorse and sign on the completed nomination form the fact and the reason for their decision.

(5) The Countryside Agency shall send notice of their decision that a nomination is valid or invalid to the candidate (at his home address as given in the completed nomination form) and to the parish council or parish meeting on whose behalf the completed nomination form was signed.

Notification of persons nominated

7.—(1) Not later than 79 days from the start date the Countryside Agency shall give to each of the parish councils and parish meetings (if any), within each group of parishes specified in Part IV of this Schedule, a statement of the persons who have been, and stand, nominated to be elected by that group of parishes.

(2) The statement shall show in alphabetical order the names, addresses and descriptions of the candidates as given in the completed nomination papers.

(3) In the case of a candidate nominated by more than one parish council or parish meeting, the Countryside Agency shall take the particulars required by sub-paragraph (2) as the candidate (or in default the Countryside Agency) may select.

Withdrawal of candidates

8.  A candidate may withdraw his candidature by notice of withdrawal—

(a)signed by him and attested by one witness, and

(b)given to the Countryside Agency.

Method of election, and notification where election uncontested

9.  Where in respect of any group of parishes specified in Part IV of this Schedule—

(a)one candidate remains validly nominated, that person shall be recorded by the Countryside Agency as being elected in respect of that group and the Agency shall forthwith—

(i)give written notice thereof to that candidate and each of the parish councils and parish meetings (if any) within that group; and

(ii)give public notice of the name of the candidate elected;

(b)more than one candidate remains validly nominated, a poll shall be taken in accordance with paragraphs 10 to 14.

Contested elections: the ballot

10.—(1) Where under paragraph 9(b) a poll is to be taken, the Countryside Agency shall give to each of the parish councils and parish meetings (if any), within the group of parishes in respect of which a poll is to be taken, a ballot paper.

(2) The ballot paper shall—

(a)be prepared by the Countryside Agency;

(b)include the names of the candidates as shown in the statement of the persons nominated in accordance with paragraph 7; and

(c)be given to the parish councils and parish meetings as mentioned in sub-paragraph (1) at the same time as the statement of persons nominated is given in accordance with paragraph 7.

(3) Not later than 42 days from the receipt of the ballot paper, each parish council and parish meeting within that group may record on the ballot paper its vote for one candidate and shall forthwith deliver the completed ballot paper to the Countryside Agency.

Contested elections: counting of votes, equality of votes and recording the result

11.  The Countryside Agency shall as soon as possible count the votes recorded in the ballot papers delivered in accordance with paragraph 10(3).

12.  Where after the counting of the votes is completed, an equality of votes is found to exist between candidates and the addition of a vote would entitle any of those candidates to be recorded as being elected, the Countryside Agency shall forthwith decide between those candidates by lot and proceed as if the candidate on whom the lot falls had received an additional vote.

13.  As soon as the result of the poll has been ascertained, the Countryside Agency shall, in respect of each group of parishes specified in Part IV of this Schedule, record the candidate with the greatest number of votes to be elected.

Contested elections: notification of the result

14.  As soon as the Countryside Agency have recorded a candidate as being elected the Agency shall—

(a)give written notice thereof to that candidate and to each of the parish councils and parish meetings (if any) within the group of parishes in respect of which that election was held; and

(b)give public notice of the name of the candidate elected.

Retention of election papers

15.  The Countryside Agency shall retain all documents relating to an election under this Part for a period of six months from—

(a)in the case of an uncontested election, the giving of the public notice as mentioned in paragraph 9(a)(ii); or

(b)in the case of a contested election, the giving of the public notice as mentioned in paragraph 14(b).

PART IIAppointment of Parish Members of the Board to fill a Vacancy

Notice of election and nomination of candidates

16.  Where a vacancy in the membership of the Board is created by a parish member of the Board (“the former parish member”), the Board shall, as soon as practicable, give to each of the parish councils and parish meetings (if any) specified in the group of parishes which elected the former parish member written notice of the election by each of those parish councils and parish meetings of one parish member of the Board.

17.  The notice of election referred to in paragraph 16 shall—

(a)be accompanied by a form of nomination by the parish council or the parish meeting, as the case may be, for one candidate for election as a parish member of the Board;

(b)state that the completed nomination form shall be delivered to the Board not later than 42 days from the receipt of the notice of election; and

(c)explain the effect of the provisions of this Part of the Schedule.

18.  Paragraph 5 (completed nomination form) shall apply to an appointment of a parish member of the Board under this Part as it applies to an appointment of a parish member under Part I.

Decisions as to validity of nomination papers

19.  Paragraph 6 (decisions as to validity of nomination papers) shall apply to an appointment of a parish member of the Board under this Part as it applies to an appointment of a parish member under Part I but with the references to the Countryside Agency being construed as references to the Board.

Notification of persons nominated

20.  The Board shall, as soon as practicable, give to each of the parish councils and parish meetings (if any) specified in the group of parishes which elected the former parish member a statement showing the persons who have been, and stand, nominated to be elected by that group of parishes.

Withdrawal of candidates

21.  A candidate may withdraw his candidature by notice of withdrawal—

(a)signed by him and attested by one witness, and

(b)given to the Board.

Method of election, and notification where election is uncontested

22.—(1) Where one candidate remains validly nominated, that person shall be recorded by the Board as being elected and the Board shall forthwith—

(a)give written notice thereof to that candidate and to each of the parish councils and parish meetings within the group of parishes in respect of which the election was held; and

(b)give public notice of the name of the candidate elected.

(2) Where more than one candidate remains validly nominated, a poll shall be taken in accordance with paragraphs 23 to 25.

Contested elections: the ballot

23.—(1) Where under paragraph 22(2) a poll is to be taken, the Board shall give to each of the parish councils and parish meetings (if any), within the group of parishes in respect of which a poll is to be taken, a ballot paper.

(2) The ballot paper shall—

(a)be prepared by the Board;

(b)include the names of the candidates as shown in the statement of the persons nominated in accordance with paragraph 20; and

(c)be given to the parish councils and parish meetings as mentioned in sub-paragraph (1) at the same time as the statement of persons nominated is given in accordance with paragraph 20.

(3) Not later than 42 days from the receipt of the ballot paper, each parish council and parish meeting within that group of parish councils and parish meetings may record on the ballot paper its vote for one candidate and shall forthwith deliver the completed ballot paper to the Board.

Contested elections: counting of votes, equality of votes and recording the result

24.—(1) Paragraphs 11 to 13 (counting of votes, equality of votes and recording the result) shall apply to an appointment of a parish member of the Board under this Part as it applies to an appointment of a parish member under Part I but with the references to the Countryside Agency being construed as references to the Board.

(2) As soon as the result of the poll has been ascertained, the Board shall record the candidate with the most number of votes to be elected.

Contested elections: notification of the result

25.  As soon as the Board have recorded a candidate as being elected, the Board shall—

(a)give written notice thereof to that candidate and to each parish council and parish meeting (if any) within the group of parishes in respect of which that election was held; and

(b)give public notice of the name of the candidate elected.

Retention of election papers

26.  The Board shall retain all documents relating to an election under this Part for a period of six months from—

(a)in the case of an uncontested election, the giving of the public notice as mentioned in paragraph 22(1)(b); or

(b)in the case of a contested election, the giving of the public notice as mentioned in paragraph 25(b).

PART IIIElection Failing to provide a Candidate for the Position of a Parish Member of the Board

27.  Where an election held in accordance with—

(a)Part I of this Schedule (appointment of first parish members of the Board), or

(b)Part II of this Schedule (appointment of parish members of the Board to fill a vacancy),

fails to provide a validly nominated candidate for the post of a parish member of the Board, the resulting vacancy in the parish membership of the Board shall be filled in accordance with paragraphs 28 to 30.

28.—(1) Where an election held in accordance with Part I of this Schedule fails to provide a validly nominated candidate, the Board shall, within three years of the start date, give to each of the parish councils and parish meetings (if any) within the group of parishes which failed to nominate a candidate written notice of the election of one parish member of the Board.

(2) Paragraphs 17 to 26 shall apply to an election required under sub-paragraph (1) as they apply to the election of a parish member of the Board as mentioned in paragraph 16.

29.—(1) Where an election held in accordance with Part II of this Schedule fails to provide a validly nominated candidate, the Board shall, within three years of giving notice of that election under paragraph 16, give to each of the parish councils and parish meetings (if any) within the group of parishes which failed to nominate a candidate written notice of the election of one parish member of the Board.

(2) Paragraphs 17 to 26 shall apply to an election required under sub-paragraph (1) as they apply to the election of a parish member of the Board. as mentioned in paragraph 16

30.—(1) Where an election in accordance with paragraphs 28, 29 or this paragraph fails to provide a validly nominated candidate, the Board shall, within three years of the previous notice of election, give further written notice of election to each of the parish councils and parish meetings (if any) within the group of parishes which failed to nominate a candidate until such time as the parish member of the Board is appointed.

(2) Paragraphs 17 to 26 shall apply to an election required under sub-paragraph (1) as they apply to an election of a parish member of the Board as mentioned in paragraph 16.

PART IVPARISHES

Group 1Parish Councils

  • Admington Parish Council

  • Avon Dassett Parish Council

  • Barton-On-The-Heath Parish Council

  • Bourton-On-The-Hill Parish Council

  • Brailes Parish Council

  • Broadway Parish Council

  • Cherington and Stourton Parish Council

  • Chipping Campden Town Council

  • Ebrington Parish Council

  • Epwell Parish Council

  • Evenlode Parish Council

  • Great Wolford Parish Council

  • Ilmington Parish Council

  • Little Compton Parish Council

  • Long Compton Parish Council

  • Mickleton Parish Council

  • Quinton Parish Council

  • Radway Parish Council

  • Ratley And Upton Parish Council

  • Rollright Parish Council

  • Shenington With Alkerton Parish Council

  • Sibford Gower Parish Council

  • Snowshill Parish Council

  • Stourton Parish Council

  • Tysoe Parish Council

  • Warmington Parish Council

  • Weston Subedge Parish Council

  • Whichford Parish Council

  • Willersey Parish Council

Parish Meetings

  • Aston Subedge Parish Meeting

  • Barcheston & Willington Parish Meeting

  • Batsford Parish Meeting

  • Chastleton Parish Meeting

  • Compton Wynyates Parish Meeting

  • Honington Parish Meeting

  • Little Wolford Parish Meeting

  • Saintbury Parish Meeting

  • Sutton-Under-Brailes Parish Meeting

Group 2Parish Councils

  • Ascott-Under-Wychwood Parish Council

  • Asthal Parish Council

  • Barrington Parish Council

  • Bledington Parish Council

  • Chadlington Parish Council

  • Charlbury Town Council

  • Chipping Norton Town Council

  • Churchill & Sarsden Parish Council

  • Combe Parish Council

  • Crawley Parish Council

  • Finstock Parish Council

  • Fulbrook Parish Council

  • Great Rissington Parish Council

  • Hailey Parish Council

  • Hanborough Parish Council

  • Kingham Parish Council

  • Leafield Parish Council

  • Milton-Under-Wychwood Parish Council

  • Minster Lovell Parish Council

  • North Leigh Parish Council

  • Over Norton Parish Council

  • Ramsden Parish Council

  • Salford Parish Council

  • Shipton-Under-Wychwood Parish Council

  • Spelsbury Parish Council

  • Stonesfield Parish Council

  • Swinbrook And Widford Parish Council

  • Wootton Parish Council

Parish Meetings

  • Blenheim Parish Meeting

  • Bruern Parish Meeting

  • Chilson Parish meeting

  • Cornbury And Wychwood Parish Meeting

  • Cornwell Parish Meeting

  • Fawler Parish Meeting

  • Fifield Parish Meeting

  • Lyneham Parish Meeting

  • Taynton Parish Meeting

Group 3Parish Councils

  • Aldsworth Parish Council

  • Blockley Parish Council

  • Bourton-On-The-Water Parish Council

  • Burford Town Council

  • Cold Aston Parish Council

  • Condicote Parish Council

  • Cutsdean Parish Council

  • Guiting Power Parish Council

  • Hawling Parish Council

  • Little Rissington Parish Council

  • Longborough Parish Council

  • Lower Slaughter Parish Council

  • Lower Swell Parish Council

  • Maugersbury Parish Council

  • Moreton-In-MarshTown Council

  • Naunton Parish Council

  • Northleach With Eastington Town Council

  • Oddington Parish Council

  • Sherborne Parish Council

  • Stanway Parish Council

  • Stow-On-The-Wold Town Council

  • Temple Guiting Parish Council

  • Upper Rissington Parish Council

  • Upper Slaughter Parish Council

  • Wyck Rissington Parish Council

Parish Meetings

  • Adlestrop Parish Meeting

  • Broadwell Parish Meeting

  • Clapton on the Hill Parish Meeting

  • Compton Abdale Parish Meeting

  • Donnington Parish Meeting

  • Farmington Parish Meeting

  • Hazleton Parish Meeting

  • Icomb Parish Meeting

  • Idbury Parish Meeting

  • Notgrove Parish Meeting

  • Sezincote Parish Meeting

  • Turkdean Parish Meeting

  • Westcote Parish Meeting

  • Windrush Parish Meeting

Group 4Parish Councils

  • Ampney Crucis Parish Council

  • Andoversford Parish Council

  • Bagendon Parish Council

  • Baunton Parish Council

  • Bibury Parish Council

  • Chedworth Parish Council

  • Coln St Aldwyns Parish Council

  • Coln St Dennis Parish Council

  • Cranham Parish Council

  • Daglingworth Parish Council

  • The Duntisbournes Parish CouncilEastleach Parish Council

  • Elkstone Parish Council

  • Hatherop Parish Council

  • Langford Parish Council

  • Miserden Parish Council

  • North Cerney Parish Council

  • Preston Parish Council

  • Quenington Parish Council

  • Rendcomb Parish Council

  • Shipton Parish Council

  • Southrop Parish Council

  • Winstone Parish Council

  • Withington Parish Council

Parish Meetings

  • Ampney St Mary Parish Meeting

  • Barnsley Parish Meeting

  • Colesbourne Parish Meeting

  • Edgeworth Parish Meeting

  • Hampnett Parish Meeting

  • Winson Parish Meeting

  • Syde Parish Meeting

  • Yanworth Parish Meeting

Group 5Parish Councils

  • Acton Turville Parish Council

  • Avening Parish Council

  • Badminton Parish Council

  • Beverstone Parish Council

  • Biddestone Parish Council

  • Box Parish Council

  • Boxwell With Leighterton Parish Council

  • Brokenborough Parish Council

  • Castle Combe Parish Council

  • Cherington Parish Council

  • Cirencester Town Council

  • Coates Parish Council

  • Colerne Parish Council

  • Corsham Parish Council

  • Crudwell Parish Council

  • Easton Grey Parish Council

  • Grittleton Parish Council

  • Hullavington Parish Council

  • Long Newnton Parish Council

  • Malmesbury Parish Council

  • Minchinhampton Parish Council

  • Norton Parish Council

  • Rodmarton Parish Council

  • Sapperton Parish Council

  • Sherston Parish Council

  • Shipton Moyne Parish Council

  • Sopworth Parish Council

  • St Paul Malmesbury Without Parish Council

  • Tetbury Town Council

  • Tetbury Upton Parish Council

  • Westonbirt With Lasborough Parish Council

  • Wotton-Under-Edge Parish Council

  • Yatton Keynell Parish Council

Parish Meetings

  • Ashley Parish Meeting

  • Owlpen Parish Meeting

  • Ozleworth Parish Meeting

Group 6Parish Councils

  • Bathampton Parish Council

  • Batheaston Parish Council

  • Bathford Parish Council

  • Bitton Parish Council

  • Bradford-On-Avon Town Council

  • Charlcombe Parish Council

  • Claverton Parish Council

  • Cold Ashton Parish Council

  • Combe Hay Parish Council

  • Dodington Parish Council

  • Doynton Parish Council

  • Dyrham And Hinton Parish Council

  • Freshford Parish Council

  • Hawkesbury Parish Council

  • Hillesley And Tresham Parish Council

  • Hinton Charterhouse Parish Council

  • Horton Parish Council

  • Limpley Stoke Parish Council

  • Little Sodbury Parish Council

  • Luckington Parish Council

  • Marshfield Parish Council

  • Monkton Combe Parish Council

  • Monkton Farleigh Parish Council

  • Nettleton Parish Council

  • North Stoke Parish Council

  • North Wraxall Parish Council

  • Norton St Philip Parish Council

  • St Catherine Parish Council

  • Sodbury Town Council

  • South Stoke Parish Council

  • Swainswick Parish Council

  • Tormarton Parish Council

  • Wellow Parish Council

  • Westwood Parish Council

  • Wick And Abson Parish Council

  • Winsley Parish Council

Parish Meeting

  • Kelston Parish Meeting

Group 7Parish Councils

  • Alderley Parish Council

  • Bisley-With-Lypiatt Parish Council

  • Brimpsfield Parish Council

  • Brookthorpe-With-Whaddon Parish Council

  • Cainscross Parish Council

  • Cam Parish Council

  • Chalford Parish Council

  • Coaley Parish Council

  • Didmarton Parish Council

  • Dursley Parish Council

  • Frocester Parish Council

  • Harescombe Parish Council

  • Haresfield Parish Council

  • Horsley Parish Council

  • Kingscote Parish Council

  • King’s Stanley Parish Council

  • Leonard Stanley Parish Council

  • Nailsworth Parish Council

  • North Nibley Parish Council

  • Nympsfield Parish Council

  • Painswick Parish Council

  • Pitchcombe Parish Council

  • Randwick Parish Council

  • Rodborough Parish Council

  • Standish Parish Council

  • Stinchcombe Parish Council

  • Stonehouse Parish Council

  • Stroud Parish Council

  • Thrupp Parish Council

  • Uley Parish Council

  • Upton St Leonards Parish Council

  • Whiteshill And Ruscombe Parish Council

  • Woodchester Parish Council

Group 8Parish Councils

  • Alderton Parish Council

  • Ashton Under Hill Parish Council

  • Badgeworth Parish Council

  • Beckford Parish Council

  • Birlingham Parish Council

  • Bredon Parish Council

  • Bredon’s Norton Parish Council

  • Bricklehampton Parish Council

  • Brockworth Parish Council

  • Buckland Parish Council

  • Charlton Kings Parish Council

  • Coberley Parish Council

  • Conderton Parish Council

  • Cowley Parish Council

  • Dowdeswell Parish Council

  • Dumbleton Parish Council

  • Eckington Parish Council

  • Elmley Castle Parish Council

  • Gotherington Parish Council

  • Great Comberton Parish Council

  • Great Witcombe Parish Council

  • Gretton Parish Council

  • Hinton On The Green Parish Council

  • Kemerton Parish Council

  • Leckhampton Parish Council

  • Little Comberton Parish Council

  • Overbury Parish Council

  • Oxenton Parish Council

  • Prescott Parish Council

  • Prestbury Parish Council

  • Sedgeberrow Parish Council

  • Sevenhampton Parish Council

  • Shurdington Parish Council

  • Southam Parish Council

  • Stanton Parish Council

  • Sudeley Parish Council

  • Teddington Parish Council

  • Toddington Parish Council

  • Winchcombe Parish Council

  • Woodmancote Parish Council

Parish Meeting

  • Whittington Parish Meeting

Article 16

SCHEDULE 3MEETINGS AND PROCEEDINGS OF THE BOARD

First meeting of the Board

1.—(1) The first meeting of the Board shall be convened by the chief officer as soon as practicable and, in any event, within 80 days beginning on the establishment day, and shall be held at such place and hour as may be fixed by him.

(2) Until completion of the election of a chairman of the Board at that meeting (as provided for at paragraph 5(1)), the chief officer shall exercise any functions falling to be exercised by the chairman and the deputy chairman of the Board.

(3) The following provisions of this Schedule, in so far as they relate to the calling and conduct of meetings, shall apply to the calling and conduct of the first meeting of the Board.

Annual general meetings and other meetings of the Board

2.—(1) The first meeting of the Board, as provided for by paragraph 1(1), shall be the annual general meeting of the Board for 2004.

(2) In 2005 and each subsequent year the Board shall hold an annual general meeting.

(3) An annual general meeting shall be held at such hour as the Board may fix or, if no hour is so fixed, at twelve noon.

3.—(1) In 2005 and in each succeeding year the Board shall hold, in addition to the annual general meeting for that year, at least two other meetings for the transaction of business.

(2) Every such additional meeting shall be held at such hour and on such day as the Board may determine but shall be held as near as may be at regular intervals.

4.—(1) The chairman of the Board or, if the office of chairman is vacant, the deputy chairman of the Board may call an extraordinary general meeting of the Board at any time.

(2) If the offices of chairman and deputy chairman are vacant, the chief officer of the Board may call an extraordinary general meeting of the Board at any time.

(3) Not less than five members of the Board may requisition an extraordinary general meeting of the Board.

(4) The requisition referred to in sub-paragraph (3) shall be in writing and shall be presented to the chairman of the Board or, if the office of chairman is vacant, to the deputy chairman of the Board or, if the offices of chairman and deputy chairman are vacant, to the chief officer of the Board.

(5) Where the chairman, deputy chairman or chief officer (as the case may be) have not called an extraordinary general meeting within seven days of the presentation of a requisition as mentioned in sub-paragraphs (3) and (4), any five members of the Board may forthwith call an extraordinary general meeting of the Board.

Chairman and deputy chairman

5.—(1) The first chairman and deputy chairman of the Board shall be elected by the members of the Board (in accordance with paragraph 7 of Schedule 13 to the 2000 Act) at the first meeting of the Board as provided for at paragraph 1(1) above.

(2) Subsequent chairmen and deputy chairmen of the Board shall be elected by the members of the Board (in accordance with paragraph 7 of Schedule 13 to the 2000 Act) at a meeting of the Board.

(3) A person elected as a chairman or deputy chairman of the Board may at any time resign his office by notice in writing given to the chief officer of the Board.

(4) Where a casual vacancy in the office of chairman or deputy chairman of the Board is filled the person so appointed shall hold office until the date upon which the person in whose place he is elected would regularly have retired.

(5) Where necessary, the meeting at which such a casual vacancy is to be filled shall be convened by the chief officer of the Board.

Calling of meetings

6.—(1) Meetings of the Board shall be held at such place, either within or outside the Cotswolds Area of Outstanding Natural Beauty, as the Board may direct.

(2) At least three clear days (excluding any day which is a Saturday, Sunday, bank holiday, Christmas Day or Good Friday) before a meeting of the Board—

(a)notice of the time and place of the intended meeting shall be published at the principal offices of the Board and, where the meeting is called by members of the Board, the notice shall be signed by those members and shall specify the business proposed to be transacted; and

(b)a summons to attend the meeting, specifying the business proposed to be transacted and signed by the chief officer of the Board shall, subject to sub-paragraphs (3) and (4) be left at or sent by post to the usual place of residence of every member of the Board with a copy given to the proper officer for each local authority specified in Schedule 1, the Countryside Agency and the Secretary of State.

(3) If a member of the Board gives notice in writing to the chief officer of the Board that he desires summonses to attend meetings of the Board to be sent to him at some address specified in the notice other than his usual place of residence, any summons addressed to him and left at or sent by post to that address shall be deemed sufficient service of the summons.

(4) Where a member and the chief officer agree in writing, summonses to attend meetings of the Board may be given to that member by electronic communication.

(5) Want of service of a summons on any member of the Board shall not affect the validity of such a meeting.

(6) Except in the case of business required by or under this Order or any other statutory provision to be transacted at the annual general meeting of the Board and other business brought before that meeting as a matter of urgency in accordance with the Board’s standing orders, no business shall be transacted at a meeting of the Board other than that specified in the summons relating thereto.

Conduct of meetings

7.—(1) At a meeting of the Board the chairman, if present, shall preside.

(2) If the chairman is absent from a meeting of the Board the deputy chairman, if present, shall preside.

(3) If both the chairman and the deputy chairman of the Board are absent such other member of the Board as the members present shall choose shall preside.

(4) Subject to the provisions of paragraph 45 of Schedule 12 to the 1972 Act (quorum), no business shall be transacted at a meeting of the Board unless—

(a)at least one third of the whole number of members of the Board are present; and

(b)of those present at least one is a local authority member, one a member appointed by the Secretary of State, and one, a parish member.

(5) The following provisions—

(a)Part VI of Schedule 12 to the 1972 Act (proceedings and meetings of local authorities) and section 99 of that Act so far as it relates to that Part of that Schedule; and

(b)section 100 of that Act (admission of the public and press),

shall have effect as if the Board were a local authority for the purposes of those provisions.

(6) Section 20 of the 1989 Act (duty to adopt certain procedural standing orders) shall have effect as if the Board were a relevant authority for the purposes of that section.

(7) The validity of any proceedings of the Board shall not be affected by a vacancy amongst their members, by any defect in the appointment of a member of the Board or by the want of qualification, or the disqualification, of any such member.

Minutes of proceedings of meetings

8.  A copy of the minutes of the proceedings at each meeting of the Board shall be sent to—

(a)the proper officer for each local authority specified in Schedule 1;

(b)each parish council and parish meeting specified in Part IV of Schedule 2;

(c)the Countryside Agency; and

(d)English Nature.

Article 36

SCHEDULE 4TRANSFER OF STAFF

Interpretation

1.  In this Schedule—

“contract of employment” means any agreement between an employee and his employer determining the terms and conditions of his employment;

“employee” means any individual who works for another person whether under a contract of service or apprenticeship or otherwise but does not include anyone who provides services under a contract for services; and

“list of staff” means a list marked with the name of Cotswold District Council followed by the words “List of Staff” which is signed by the Secretary of State, one copy of which is deposited with Cotswold District Council and one with the Board.

Transfer of staff

2.—(1) This paragraph applies to any person—

(a)who immediately before the operative day was employed by Cotswold District Council under a contract of employment; and

(b)whose name is set out in a list of staff.

(2) The contract of employment of a person to whom this paragraph applies shall not be terminated on the operative day but shall have effect as if originally made between that person and the Board.

(3) This paragraph is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981(1).

(1)

S.I. 1981/1794, amended by the Trade Union Reform and Employment Rights Act 1993 (c. 19) and S.I.1995/2587; there are other amending instruments but none is directly relevant to this Order.

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