The London Government Reorganisation (Hampstead Heath) Order 1989

Article 6(2)(b)

SCHEDULE 1 DESCRIPTIONS OF WORK

1.—(1) The Hampstead Heath Works Fund may be applied to defray expenditure on –

(a) the enhancement or replacement of buildings and other structures used for, or in connection with, the provision of information to the public, recreation or refreshment, the accommodation of staff, and the storage of movable or immovable plant, machinery and apparatus and vehicles and vessels;

(b) the enhancement or replacement of car parks, monuments and other ornamental features (not being structures), playing fields and other recreational facilities; and

(c) the enhancement or replacement of any drainage, heating, lighting and ventilating equipment which is ancillary or incidental to any asset or facility referred to in sub-paragraph (a) or (b) above.

(2) For the purposes of sub-paragraph (1), “enhancement” means the carrying out of works which are intended –

(a) to lengthen substantially the useful life of any asset; or

(b) to increase substantially the extent to which the asset or facility can or will be used for the purposes of or in connection with the functions of the City under this Order.

Article 7

SCHEDULE 2 DETERMINATION OF MAXIMUM CONTRIBUTION

1.—(1) In this Schedule –

“annual adjustment” means the change, expressed as a percentage, in the value of the average earnings index between April of the financial year preceding the relevant year and April of the relevant year;

“relevant period” means any period of three consecutive years commencing with the period beginning on 1st April 1992; and

“relevant year” means the financial year for which the maximum contribution falls to be determined.

(2) For the purposes of the definition of “annual adjustment”, the average earnings index means the general index of average earnings (for all employees: whole economy: seasonally adjusted) published by the Department of Employment; and if that index is not published for a month for which it is relevant for the purposes of this Schedule, that definition shall be taken to refer to any substituted index or index figures published by that Department.

2.  For the purposes of article 7(2) the maximum contribution is –

(a) if the relevant year is the first year of a relevant period, an amount equal to the aggregate of –

(i) the amount of the income accrued to the Trust Fund in the preceding financial year; and

(ii) the product of that amount and the annual adjustment;

(b) if the relevant year is the second year of a relevant period, an amount equal to the aggregate of –

(i) the amount of the maximum contribution for the first year of that period; and

(ii) the product of that amount and the annual adjustment;

(c) if the relevant year is the third year of a relevant period, an amount equal to the aggregate of –

(i) the amount of the maximum contribution for the second year of that period; and

(ii) the product of that amount and the annual adjustment.

Article 8

SCHEDULE 3 THE MANAGEMENT COMMITTEE

1.—(1) Every member of the Management Committee shall be appointed for such term, not exceeding four years, as the City may specify.

(2) Without prejudice to paragraph 2 below, every member of the Committee shall hold and vacate office in accordance with the terms of his appointment.

(3) Any member of the Committee whose term of office has expired shall, subject to the provisions of this Schedule, be eligible for re-appointment.

(4) The time at which the appointment of any person as a member of the Committee takes effect shall be determined by the City.

Replacement of members

2.—(1) The appointment of a person to the Committee from among Council members shall end if he ceases to be a member of the Council.

(2) The appointment of any other person to the Committee shall end if he becomes a member or an employee of the Council.

(3) The appointment of any person to the Committee may be ended by resignation by notice in writing given to the Town Clerk.

(4) The Town Clerk shall, as soon as practicable, publish notice –

(a) of any appointment to the Committee;

(b) of the ending of any such appointment;

and any such notice shall give the name of the person concerned.

Attendance at meetings

3.  Section 85 of the 1972 Act (vacation of office by failure to attend meetings) shall apply in relation to attendance at meetings of the Committee as it applies in relation to attendance at meetings of a local authority, and as if the City were a local authority for the purposes of that section.

Proceedings of Committee

4.—(1) No business shall be transacted at any meeting of the Committee unless at least seven of its members are present, of whom at least one is appointed from among persons who are neither Council members nor employees of the City.

(2) The City may apply to the proceedings and place of meeting of the Committee any standing orders to which the proceedings and place of meeting of other committees of the City are subject but, subject to any such application and the provisions of this Schedule, Part VI of Schedule 12 to the 1972 Act (except paragraph 45) shall apply to meetings and proceedings of the Committee as if the Committee were a committee of a local authority.

(3) The Committee shall elect a chairman from among those of its members who are Council members and may, if it thinks fit, appoint one of its members to be deputy chairman.

(4) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

Article 9

SCHEDULE 4 THE CONSULTATIVE COMMITTEE

1.—(1) The Consultative Committee shall consist of the chairman of the Management Committee and not less than 19 other members of whom one shall be appointed from among the members of the Management Committee.

(2) The remaining members shall be appointed from among persons who are neither Council members nor employees of the City; and of these –

(a) eight shall be appointed after consultation with the Hampstead Conservation Area Advisory Committee, the Hampstead Garden Suburb Residents' Association, the Heath and Old Hampstead Society, the Highgate Conservation Area Advisory Committee, the Highgate Society, the Joint Amenity Groups of Hampstead, the South End Green Association, the Vale of Health Society, and such other bodies appearing to the City to represent local interests as it considers appropriate;

(b) three shall be appointed after consultation with the London Council for Sport and Recreation and such other bodies appearing to the City to represent sporting interests as it considers appropriate;

(c) five shall be appointed after consultation with the Flora and Fauna Preservation Society, the London Wildlife Trust, the Marylebone Birdwatching Society, the Open Spaces Society, the Ramblers' Association, and such other bodies appearing to the City to represent ecological interests as it considers appropriate;

(d) one shall be appointed after consultation with such bodies appearing to the City to represent the interests of disabled persons as it considers appropriate; and

(e) one shall be appointed after consultation with the Friends of Kenwood and such other bodies appearing to the City to be concerned with the management of the Kenwood lands as it considers appropriate.

2.  The chairman of the Management Committee shall be the chairman of the Consultative Committee.

3.  The Consultative Committee shall meet not less than twice in each year.

4.  Paragraph 4(1), (2) and (4) of Schedule 1 (proceedings of committee) shall apply to the Consultative Committee as it applies to the Management Committee.