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

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 No. 1778

  1. Introductory Text

  2. PART I Introductory

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART II Establishment, Constitution and Administration of the Board

    1. 3.Establishment of the Board

    2. 4.Specified number of Board members

    3. 5.Appointment of local authority members

    4. 6.Appointment of parish members

    5. 7.First appointment of members

    6. 8.Resignation of office

    7. 9.Vacancies

    8. 10.Notice of appointment, etc.

    9. 11.Removal of members appointed by the Secretary of State

    10. 12.Disqualification of members

    11. 13.Vacation of office for failure to attend meetings

    12. 14.Conduct of members and staff

    13. 15.Allowances and time off for members

    14. 16.Meetings and proceedings of the Board

    15. 17.Discharge of functions, committees and sub-committees, and staff

    16. 18.Chief officer

    17. 19.Personal liability of members and staff

    18. 20.Liaison with parish councils and parish meetings

    19. 21.Records, access to meetings and documents, notices and documents

    20. 22.Reports and returns

    21. 23.Financial administration and accounts, etc.

    22. 24.Maladministration

  4. PART III Concurrent Functions of the Board

    1. 25.Concurrent functions

  5. PART IV Incidental, Supplemental, Consequential and Transitional Provisions

    1. 26.Land, enforceability of covenants

    2. 27.Agreements as to incidental matters

    3. 28.Borrowing

    4. 29.Miscellaneous transactions and powers

    5. 30.Supply of goods and services

    6. 31.Power to execute works outside the Chilterns Area of Outstanding Natural Beauty

    7. 32.Power to promote Bills

    8. 33.Restrictions on publicity

    9. 34.Contracting out

    10. 35.Continuity of exercise of functions

    11. 36.Transfer of staff

  6. Signature

    1. SCHEDULE 1

      SPECIFIED LOCAL AUTHORITIES

    2. SCHEDULE 2

      PROVISIONS FOR APPOINTMENT OF PARISH MEMBERS OF THE BOARD

      1. PART I Appointment of First Parish Members of the Board

        1. General

          1. 1.In this Schedule— “a completed nomination form” means a form...

          2. 2.The first parish members of the Board shall be appointed...

          3. 3.(1) The groups of parishes numbered 1 (“group 1”) and...

        2. Notice of election and nomination of candidates

          1. 4.(1) The Countryside Agency shall, not later than 15 days...

          2. 5.A completed nomination form shall, in respect of the candidate...

        3. Decisions as to validity of nomination papers

          1. 6.(1) Where a completed nomination form is delivered to the...

        4. Notification of persons nominated

          1. 7.(1) Not later than 79 days from the start date...

        5. Withdrawal of candidates

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

        6. Method of election, and notification where election uncontested

          1. 9.(1) Where in respect of the parishes within group 1...

        7. Contested elections: the ballot

          1. 10.(1) Where under paragraph 9(1)(b) or paragraph 9(2)(b) a poll...

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

          1. 11.The Countryside Agency shall as soon as possible count the...

          2. 12.Where after the counting of the votes is completed, an...

          3. 13.As soon as the result of the poll has been...

        9. Contested elections: notification of the result

          1. 14.As soon as the Countryside Agency have recorded a candidate...

        10. Retention of election papers

          1. 15.The Countryside Agency shall retain all documents relating to an...

      2. PART II Appointment of Parish Members of the Board to Fill a Vacancy

        1. Notice of election and nomination of candidates

          1. 16.(1) Except where sub-paragraph (2) applies, where a vacancy in...

          2. 17.(1) The notice of election referred to in paragraph 16(1)...

          3. 18.Paragraph 5 (completed nomination form) shall apply to an appointment...

        2. Decisions as to validity of nomination papers

          1. 19.Paragraph 6 (decisions as to validity of nomination papers) shall...

        3. Notification of persons nominated

          1. 20.The Board shall, as soon as practicable, give to each...

        4. Withdrawal of candidates

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

        5. Method of election, and notification where election is uncontested

          1. 22.(1) Where paragraph 16(1) applies (one vacancy in the number...

        6. Contested elections: the ballot

          1. 23.(1) Where under paragraph 22(2) or paragraph 22(4) a poll...

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

          1. 24.(1) Paragraphs 11 to 13 (counting of votes, equality of...

        8. Contested elections: notification of the result

          1. 25.As soon as the Board have recorded a candidate as...

        9. Retention of election papers

          1. 26.The Board shall retain all documents relating to an election...

      3. PART III Election Failing to Provide a Candidate for the Position of a Parish Member of the Board

        1. 27.Where an election held in accordance with—

        2. 28.(1) Where an election held in accordance with Part I...

        3. 29.(1) Where an election held in accordance with Part II...

        4. 30.(1) Where an election in accordance with paragraphs 28, 29...

      4. PART IV Parishes

        1. Group 1 PARISH COUNCILS

        2. Group 2 PARISH COUNCILS

        3. PARISH MEETING

        4. Group 3 PARISH COUNCILS

        5. PARISH MEETING

        6. Group 4 PARISH COUNCILS

        7. PARISH MEETINGS

    3. SCHEDULE 3

      MEETINGS AND PROCEEDINGS OF THE BOARD

      1. First meeting of the Board

        1. 1.(1) The first meeting of the Board shall be convened...

      2. Annual general meetings and other meetings of the Board

        1. 2.(1) The first meeting of the Board, as provided for...

        2. 3.(1) In 2005 and in each succeeding year the Board...

        3. 4.(1) The chairman of the Board or, if the office...

      3. Chairman and deputy chairman

        1. 5.(1) The first chairman and deputy chairman of the Board...

      4. Calling of meetings

        1. 6.(1) Meetings of the Board shall be held at such...

      5. Conduct of meetings

        1. 7.(1) At a meeting of the Board the chairman, if...

      6. Minutes of proceedings of meetings

        1. 8.A copy of the minutes of the proceedings at each...

    4. SCHEDULE 4

      TRANSFER OF STAFF

      1. 1.Interpretation

      2. 2.Transfer of staff

  7. Explanatory Note

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