Norfolk and Suffolk Broads Act 1988

Section 1(7).

SCHEDULE 1 E+W The Broads Authority

Appointment of members E+W

1 (1) Every member of the Authority shall be appointed for such term, not exceeding four years, as the person appointing him may specify. E+W

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

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

(4) Subject to paragraph 2(5) below and paragraph 1 of Schedule 7 to this Act, the appointment of any person as a member of the Authority under section 1(3)(a) or (b) of this Act shall take effect—

(a) on the receipt by the Authority of notification of the appointment; or

(b) if later, on the date on which a vacancy among those members of the Authority who were appointed by the person making the appointment in question first occurs after that appointment is made.

(5) The appointment of any person as a member of the Authority under section 1(3)(c) of this Act shall take effect—

(a) on the date on which the appointment is made; or

(b) if later, on the date on which a vacancy among the members of the Authority appointed under section 1(3)(c) first occurs after the appointment is made.

(6) Anyone appointed as a member of the Authority by any person may not, at any time after his appointment has taken effect and before it has ended, be appointed as such a member by any other person.

Replacement of members E+W

2 (1) The appointment of a person to the Authority by a participating authority shall end if he ceases to be a member of the authority. E+W

(2) The appointment to the Authority of a member of the Navigation Committee (under section 1(3)(c) of this Act) shall end if he ceases to be a member of that Committee.

(3) Where a person’s appointment ends by virtue of sub-paragraph (1) above, the participating authority shall as soon as practicable give notice of that fact to the Authority.

(4) A participating authority may at any time end the appointment of a person appointed to the Authority by that participating authority and appoint another person in his place.

(5) Where a participating authority exercises its powers under sub-paragraph (4) above—

(a) it shall give notice of the ending of the appointment to the Authority; and

(b) the new appointment shall take effect, and the previous appointment end, at the end of the period of one month beginning with the date on which the notice is given.

(6) The appointment of any person to the Authority may be ended by resignation by notice in writing given to the proper officer of the Authority.

(7) Where—

(a) any such notice of resignation is given to the Authority; or

(b) any person ceases to be a member of the Authority by virtue of the application of section 85 of the M1 Local Government Act 1972 (vacation of office by failure to attend meetings);

the Authority shall notify the relevant appointing authority.

(8) Where a vacancy among the persons appointed to the Authority occurs for any reason other than one mentioned in this paragraph, the relevant appointing authority shall give notice of that fact to the Authority or (as the case may require) the Authority shall give notice of that fact to the relevant authority.

(9) The proper officer of the Authority shall as soon as practicable publish notice of any appointment to the Authority, or ending of such an appointment, and any such notice shall give the name of the person concerned.

(10) Sub-paragraphs (3), (8) and (9) above shall not apply in relation to any person who—

(a) ceases to be a member of the Authority by virtue of his retirement from membership of a participating authority;

(b) is re-elected to membership of that participating authority on the day of that retirement; and

(c) is re-appointed as a member of the Authority by that participating authority.

(11) Sub-paragraphs (7) and (8) above shall not apply in relation to any person appointed to the Authority under section 1(3)(c).

(12) This paragraph is subject to the provisions of paragraph 5 below dealing with the period for which a member of the Authority is to serve as chairman.

Marginal Citations

M1 1972 c. 70.

Meetings of Authority E+W

3 (1) The Authority shall in every year hold an annual meeting and such other meetings as it thinks fit. E+W

(2) The annual meeting of the Authority shall be the first meeting held after 1st July in the year in question.

(3) The date and time for any meeting of the Authority shall be determined by the Authority.

(4) The chairman of the Authority may call a meeting of the Authority at any time.

(5) Any five or more members of the Authority may call a meeting of the Authority if they have made a written request to the chairman for such a meeting but the chairman—

(a) has refused to call the meeting; or

(b) has failed to call it before the end of the period of seven days beginning with the date of the making of the request.

(6) No business shall be transacted at any meeting of the Authority unless more than one quarter of its members are present.

(7) If, at any meeting of the Authority, both the chairman and vice-chairman of the Authority are absent, another member, chosen by the members present, shall preside.

4 (1) Meetings of the Authority shall be held at such place, within the Broads or elsewhere, as it may decide. E+W

(2) Three clear days at least before any meeting of the Authority, notice of the time and place of the intended meeting shall be published at the offices of the Authority.

(3) Where the meeting is called by members of the Authority, the notice shall be signed by those members and shall specify the business to be transacted.

(4) A summons to attend the meeting, specifying the business proposed to be transacted, and signed by the proper officer of the Authority shall, subject to sub-paragraph (5) below, be left at or sent by post to the usual place of residence of every member of the Authority.

(5) If a member of the Authority gives written notice to the proper officer of the Authority that he wishes any such summons to be sent to him at an address specified in the notice, any such summons addressed to him and left at or sent by post to that address shall be deemed to have been properly served on him.

(6) Failure to serve a summons on any member of the Authority shall not affect the validity of the meeting of the Authority to which the summons relates.

(7) Except in the case of any matter which requires to be considered urgently, no business shall be transacted at any meeting of the Authority other than that specified in the summons to that meeting.

(8) Part VI of Schedule 12 to the M2 Local Government Act 1972 (general procedural provisions relating to local authorities) shall apply in relation to the Authority as if it were a local authority and as if the reference in paragraph 43 to the election of members were a reference to their appointment.

Marginal Citations

M2 1972 c. 70.

Chairman and vice-chairman E+W

5 (1) The Authority shall in each year appoint a chairman and a vice-chairman from among its members. E+W

(2) Appointments under sub-paragraph (1) above shall be the first business transacted at the annual meeting of the Authority.

(3) Subject to any standing orders made by the Authority, anything authorised or required to be done by or in relation to the chairman may be done by or in relation to the vice-chairman.

(4) The Authority may pay to the chairman and vice-chairman, for the purpose of enabling them to meet the expenses of their offices, such allowances as the Authority thinks reasonable.

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

(6) During his term of office the chairman shall continue to be a member of the Authority until the appointment of the next chairman at the next annual meeting of the Authority.

(7) Where—

(a) the chairman was appointed to the Authority by a participating authority; and

(b) the effect of sub-paragraph (6) above is to extend the period during which he is a member of the Authority;

the appointment by the participating authority of a person to replace him shall not take effect before the appointment of the next chairman of the Authority.

(8) If, apart from sub-paragraph (6) above, the person presiding at the meeting referred to in sub-paragraph (2) above would have ceased to be a member of the Authority, he shall not be entitled to vote on the appointment except in accordance with sub-paragraph (9) below.

(9) In the case of an equality of votes in respect of the appointment of a chairman, the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

(10) Where a casual vacancy occurs in the office of chairman or vice-chairman of the Authority, the vacancy shall be filled by the appointment by the Authority of one of its members.

(11) Where necessary, the meeting at which such a casual vacancy is to be filled shall be convened by the proper officer of the Authority.

(12) Any person appointed under sub-paragraph (10) above to fill a casual vacancy shall hold office, unless he resigns or becomes disqualified, until such time as the person in whose place he was appointed would have held the office in question had his appointment not come to an end prematurely.

Authority’s chief officer E+W

6 E+W The Authority shall not—

(a) appoint a person to the office (by whatever name it is known) of chief officer of the Authority; or

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

without first consulting [F2 Natural England ].

Textual Amendments

F1 Sch. 1 para. 6(b) repealed (2.7.2009) by Broads Authority Act 2009 (c. i), Sch. 7 para. 10, 8 Pt. 1 (with ss. 2(3), 3(1), 16(3), 42, Sch. 6 Pts. 2, 3)

F2 Words in Sch. 1 para. 6 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 112(c); S.I. 2006/2541, art. 2 (with Sch.)