Environment Act 1995

Disqualification of members U.K.

7 (1) A person is disqualified for becoming or remaining a member of a National Park authority if he holds any paid office or employment appointments to which are or may be made or confirmed by— U.K.

(a) the authority itself or any council by whom a local authority member of the authority is appointed;

(b) any committee or sub-committee of the authority or of any such council;

(c) any joint committee on which the authority or any such council is represented;

(d) as respects a National Park authority for a National Park in England—

(i) any parish council for, or parish meeting of, a parish the whole or any part of which is comprised in the relevant Park;

(ii) any committee or sub-committee of any such parish council or any committee of any such parish meeting; or

(iii) any joint committee on which any such parish council or parish meeting is represented; or

(e) any person himself holding an office or employment which disqualifies him for becoming a member of the authority.

(2) A person is also disqualified for becoming or remaining a member of a National Park authority if he holds any employment in a company which, in accordance with Part V of the M1 Local Government and Housing Act 1989 other than section 73, is under the control of that authority.

(3) Section 92 of the 1972 Act (proceedings for disqualification) shall have effect in relation to a person who acts or claims to be entitled to act as a member of a National Park authority as it applies in relation to a person who acts or claims to be entitled to act as a member of a local authority, but as if—

(a) references in that section to a local government elector for the area concerned were references to a local government elector for any principal area the whole or any part of which is comprised in the relevant Park; and

(b) in subsection (6)(b) of that section (failure to deliver declaration of acceptance of office), the words from “of failure” to “or by reason” were omitted.

(4) Sections 1 to [F1 3A] of the M2 Local Government and Housing Act 1989 (disqualification of persons holding politically restricted posts) shall have effect as if a National Park authority were a local authority for the purposes of Part I of that Act.

(5) In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), in the M3 entry inserted by section 1(2) of that Act of 1989 (politically restricted post), after “that Part” there shall be inserted “ or a National Park authority ”.

Textual Amendments

F1 Word in Sch. 7 para. 7(4) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 203(2), 245(5); S.I. 2008/172, art. 4(m)

Commencement Information

I1 Sch. 7 para. 7 wholly in force at 1.4.1997; Sch. 7 para. 7(1)(3)-(5) in force at Royal Assent see s. 125(2); Sch. 7 para. 7(2) in force at 1.4.1997 by S.I. 1996/2560, art. 2

Marginal Citations

M1 1989 c. 42.

M2 1989 c. 42.

M3 1975 c. 24.