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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2004, ISBN 0110494288

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 88(2) of the Countryside and Rights of Way Act 2000, for approval by resolution of each House of Parliament.

COUNTRYSIDE, ENGLAND

Made 2004

Coming into force 2004

The Secretary of State, in exercise of the powers conferred on her by sections 86(1)(a), 86(2), 86(3), 86(5), 87(7), 88(5) to (9) of, and Schedule 13 to, the Countryside and Rights of Way Act 2000f1 (“the 2000 Act”), considering it expedient under section 86(3) of the 2000 Act for both of the purposes mentioned in section 87(1) of the 2000 Act, and having under section 86(6) of the 2000 Act consulted the Countryside Agencyf2 and every local authority whose area consists of or includes any part of the Chilterns Area of Outstanding Natural Beauty and being satisfied that the majority of those local authorities consent, hereby makes the following Order, a draft of which has been laid before and approved by a resolution of each House of Parliament:

Annotations to the whole text

Footnotes

f1

2000 c. 37.

f2

See section 1(1) of the National Parks and Access to the Countryside Act 1949 (c. 97) as amended by the Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999, S.I. 1999/416, Schedule 1, paragraph 1.

Contents

  1. Part I: Introductory
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part II: Establishment, Constitution and Administration of the Board
  5. 3Establishment of the Board
  6. 4Specified number of Board members
  7. 5Appointment of local authority members
  8. 6Appointment of parish members
  9. 7First appointment of members
  10. 8Resignation of office
  11. 9Vacancies
  12. 10Notice of appointment, etc.
  13. 11Removal of members appointed by the Secretary of State
  14. 12Disqualification of members
  15. 13Vacation of office for failure to attend meetings
  16. 14Conduct of members and staff
  17. 15Allowances and time off for members
  18. 16Meetings and proceedings of the Board
  19. 17Discharge of functions, committees and sub-committees, and staff
  20. 18Chief officer
  21. 19Personal liability of members and staff
  22. 20Liaison with parish councils and parish meetings
  23. 21Records, access to meetings and documents, notices and documents
  24. 22Reports and returns
  25. 23Financial administration and accounts, etc.
  26. 24Maladministration
  27. Part III: Concurrent Functions of the Board
  28. 25Concurrent functions
  29. Part IV: Incidental, Supplemental, Consequential and Transitional Provisions
  30. 26Land, enforceability of covenants
  31. 27Agreements as to incidental matters
  32. 28Borrowing
  33. 29Miscellaneous transactions and powers
  34. 30Supply of goods and services
  35. 31Power to execute works outside the Chilterns Area of Outstanding Natural Beauty
  36. 32Power to promote Bills
  37. 33Restrictions on publicity
  38. 34Contracting out
  39. 35Continuity of exercise of functions
  40. 36Transfer of staff
  41. Signature
  42. Schedule 1SPECIFIED LOCAL AUTHORITIES
  43. Schedule 2: PROVISIONS FOR APPOINTMENT OF PARISH MEMBERS OF THE BOARD
  44. Part I: Appointment of First Parish Members of the Board
  45. General
  46. 1Paragraph 1
  47. 2Paragraph 2
  48. 3Paragraph 3
  49. Notice of election and nomination of candidates
  50. 4Paragraph 4
  51. 5Paragraph 5
  52. Decisions as to validity of nomination papers
  53. 6Paragraph 6
  54. Notification of persons nominated
  55. 7Paragraph 7
  56. Withdrawal of candidates
  57. 8Paragraph 8
  58. Method of election, and notification where election uncontested
  59. 9Paragraph 9
  60. Contested elections: the ballot
  61. 10Paragraph 10
  62. Contested elections: counting of votes, equality of votes and recording the result
  63. 11Paragraph 11
  64. 12Paragraph 12
  65. 13Paragraph 13
  66. Contested elections: notification of the result
  67. 14Paragraph 14
  68. Retention of election papers
  69. 15Paragraph 15
  70. Part II: Appointment of Parish Members of the Board to Fill a Vacancy
  71. Notice of election and nomination of candidates
  72. 16Paragraph 16
  73. 17Paragraph 17
  74. 18Paragraph 18
  75. Decisions as to validity of nomination papers
  76. 19Paragraph 19
  77. Notification of persons nominated
  78. 20Paragraph 20
  79. Withdrawal of candidates
  80. 21Paragraph 21
  81. Method of election, and notification where election is uncontested
  82. 22Paragraph 22
  83. Contested elections: the ballot
  84. 23Paragraph 23
  85. Contested elections: counting of votes, equality of votes and recording the result
  86. 24Paragraph 24
  87. Contested elections: notification of the result
  88. 25Paragraph 25
  89. Retention of election papers
  90. 26Paragraph 26
  91. Part III: Election Failing to Provide a Candidate for the Position of a Parish Member of the Board
  92. 27Paragraph 27
  93. 28Paragraph 28
  94. 29Paragraph 29
  95. 30Paragraph 30
  96. Part IV: Parishes
  97. Group 1PARISH COUNCILS
  98. Group 2PARISH COUNCILS
  99. PARISH MEETING
  100. Group 3PARISH COUNCILS
  101. PARISH MEETING
  102. Group 4PARISH COUNCILS
  103. PARISH MEETINGS
  104. Schedule 3: MEETINGS AND PROCEEDINGS OF THE BOARD
  105. First meeting of the Board
  106. 1Paragraph 1
  107. Annual general meetings and other meetings of the Board
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. 4Paragraph 4
  111. Chairman and deputy chairman
  112. 5Paragraph 5
  113. Calling of meetings
  114. 6Paragraph 6
  115. Conduct of meetings
  116. 7Paragraph 7
  117. Minutes of proceedings of meetings
  118. 8Paragraph 8
  119. Schedule 4: TRANSFER OF STAFF
  120. 1Interpretation
  121. 2Transfer of staff
  122. Explanatory note