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

Article 5

SCHEDULE 1 E+W SPECIFIED LOCAL AUTHORITIES

Bath and North East Somerset Council

Cheltenham Borough Council

Cherwell District Council

Cotswold District Council

Gloucestershire County Council

F1 ...

Textual Amendments

F1 Words in Sch. 1 omitted (1.4.2009) by virtue of The Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009 (S.I. 2009/837), arts. 1, 21(3)

Oxfordshire County Council

South Gloucestershire Council

Stratford on Avon District Council

Stroud District Council

Tewkesbury Borough Council

Warwickshire County Council

West Oxfordshire District Council

F1 ...

Textual Amendments

F1 Words in Sch. 1 omitted (1.4.2009) by virtue of The Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009 (S.I. 2009/837), arts. 1, 21(3)

Wiltshire County Council

Worcestershire County Council

Wychavon District Council

Articles 6 and 9(1)(c)

SCHEDULE 2 E+W PROVISIONS FOR APPOINTMENT OF PARISH MEMBERS OF THE BOARD

PART I E+W Appointment of First Parish Members

General E+W

1.  In this Schedule— E+W

“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. E+W

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. E+W

Notice of election and nomination of candidates E+W

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. E+W

(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— E+W

(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 E+W

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— E+W

(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 E+W

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. E+W

(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 E+W

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

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

(b) given to the Countryside Agency.

Method of election, and notification where election uncontested E+W

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

(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 E+W

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. E+W

(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 E+W

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

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. E+W

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. E+W

Contested elections: notification of the result E+W

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

(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 E+W

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

(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 II E+W Appointment of Parish Members of the Board to fill a Vacancy

Notice of election and nomination of candidates E+W

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. E+W

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

(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. E+W

Decisions as to validity of nomination papers E+W

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. E+W

Notification of persons nominated E+W

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. E+W

Withdrawal of candidates E+W

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

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

(b) given to the Board.

Method of election, and notification where election is uncontested E+W

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

(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 E+W

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. E+W

(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 E+W

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. E+W

(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 E+W

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

(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 E+W

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

(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 III E+W Election Failing to provide a Candidate for the Position of a Parish Member of the Board

27.  Where an election held in accordance with— E+W

(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. E+W

(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. E+W

(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. E+W

(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 IV E+W PARISHES

Group 1 E+W Parish 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 E+W

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 2 E+W Parish 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 E+W

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 3 E+W Parish 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 E+W

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 4 E+W Parish 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 E+W

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 5 E+W Parish 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 E+W

Ashley Parish Meeting

Owlpen Parish Meeting

Ozleworth Parish Meeting

Group 6 E+W Parish 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 E+W

Kelston Parish Meeting

Group 7 E+W Parish 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 8 E+W Parish 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 E+W

Whittington Parish Meeting

Article 16

SCHEDULE 3 E+W MEETINGS AND PROCEEDINGS OF THE BOARD

First meeting of the Board E+W

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. E+W

(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 E+W

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. E+W

(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. E+W

(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. E+W

(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 E+W

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. E+W

(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 E+W

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. E+W

(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 E+W

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

(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 E+W

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

(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 4 E+W TRANSFER OF STAFF

1.  In this Schedule— E+W

“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.

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

(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 M1 .

Marginal Citations

M1 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.