xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULE 4E+WTRANSITIONAL AND SUPPLEMENTAL PROVISION

Interim monitoring officerE+W

9.—(1) If, at the time of the first meeting of the Authority convened and held 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 M1 (designation and reports of monitoring officer), it must appoint an interim monitoring officer.

(2) The Authority may not appoint as its interim monitoring officer—

(a)a person who holds any other paid office or employment with it; or

(b)a member of the Authority.

(3) Subject to the provisions of this paragraph, section 5 of the 1989 Act and Part 3 of the Local Government Act 2000 M2 (conduct of local government members and employees) apply to the interim monitoring officer as they apply to a monitoring officer, and the interim monitoring officer is, for all purposes, to be treated as the Authority's monitoring officer.

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

(5) The duties of the interim monitoring officer may not be delegated.

(6) During the period of appointment of any person as an interim monitoring officer, that person may not be appointed to any other paid office or employment with the Authority.

(7) Any person who ceases to be the interim monitoring officer may not be appointed to any paid office or employment with the Authority until 1st April 2011.

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

(a)becomes bankrupt or makes an arrangement with the officer's creditors; or

(b)is, in the opinion of the Authority, unable or unfit to discharge the duties of an interim monitoring officer.

(9) If the appointment of the interim monitoring officer is ended for a reason other than the designation of a monitoring officer, the Authority, unless it designates a monitoring officer, must appoint a further person as interim monitoring officer, and the provisions of this paragraph apply to that further appointment.

Marginal Citations

M1Section 5 of the 1989 Act is applied to a National Park authority by paragraph 13(7)(b) of Schedule 7 to the 1995 Act.