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The New Forest National Park Authority (Establishment) Order 2005

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Interim monitoring officer

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9.—(1) If, at the time of the holding of the first meeting of the Authority in accordance with paragraph 1 of Schedule 1 to this Order, the Authority is not in a position to designate a monitoring officer as required by section 5(1) of the 1989 Act(1) (designation and reports of monitoring officer), it shall appoint an interim monitoring officer in accordance with the provisions of this paragraph.

(2) The obligation of the Authority to have an interim monitoring officer shall continue until the designation of a monitoring officer by the Authority under section 5(1) of the 1989 Act.

(3) Subject to the provisions of this paragraph, section 5 of the 1989 Act (designation and reports of monitoring officer) and Part III of the Local Government Act 2000(2) (conduct of local government members and employees) shall apply to the interim monitoring officer in the same way as they apply to a monitoring officer, and the interim monitoring officer shall, for all purposes, be treated as the Authority’s monitoring officer.

(4) The interim monitoring officer shall be paid such remuneration and allowances (if any) as the Authority think fit.

(5) The duties of the interim monitoring officer shall be performed by him personally.

(6) The Authority shall not appoint as its interim monitoring officer a person who holds any other paid office or employment with the Authority.

(7) During the period of his appointment the interim monitoring officer shall not be appointed to any other paid office or employment with the Authority.

(8) Any person who ceases to be the interim monitoring officer shall be disqualified from being appointed to any paid office or employment with the Authority until 1st April 2006.

(9) A member of the Authority shall be disqualified from being appointed as the interim monitoring officer for the Authority.

(10) The Authority may revoke the appointment of the interim monitoring officer if —

(a)he becomes bankrupt or makes an arrangement with his creditors; or

(b)he is, in the opinion of the Authority, unable or unfit to discharge his duties.

(11) If the appointment of the interim monitoring officer is ended other than by reason of the designation of a monitoring officer, the Authority shall, unless it designates a monitoring officer, appoint a further person to be the interim monitoring officer and the provisions of this paragraph shall have effect in relation to that further appointment.

(1)

Section 5 of the 1989 Act is applied to a National Park authority by paragraph 13(7)(b) of Schedule 7 to the 1995 Act.

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