United Kingdom Statutory Instruments

(a) where the vacancy is created by a local authority member, by the authority in whose representation the vacancy arises,

(b) where the vacancy is created by a member appointed by the Secretary of State, by the Secretary of State,

(c) where the vacancy is created by a parish member, by the parish councils and parish meetings referred to in Part IV of Schedule 2,

in accordance with the appropriate provisions of Schedule 13 to the 2000 Act and Parts II and III of Schedule 2 to this Order, as the case may be.

    (2) Where, by virtue of paragraph 4(4)(a) of Schedule 13 to the 2000 Act a vacancy arises in the membership of the Board as a result of a local authority member ceasing to be a member of the local authority, that person shall nevertheless continue to be a local authority member of the Board until - 

(a) notice is given to the Board under article 10(1)(a) of the appointment of a new local authority member of the Board to fill that vacancy, or

(b) the expiration of 3 months from the day that vacancy arises,

whichever is the earlier.

    (3) Where by virtue of paragraph 5(3) or (4) of Schedule 13 to the 2000 Act a vacancy arises in the membership of the Board as a result of a parish member of the Board ceasing to be a member of the parish council or chairman of the parish meeting (as the case may be), that person shall nevertheless continue to be a parish member of the Board until - 

(a) notice is given by the Board under paragraphs 22(1)(b) or 25(b) (as the case may be) of Schedule 2 of the appointment of a new parish member of the Board to fill that vacancy, or

(b) the expiration of 3 months from the day that vacancy arises,

(a) any property, income, rights or liabilities (so far as affected by this Order) of the parties to the agreement; or

(b) any financial relations between those parties.

    (2) Such an agreement may provide - 

(a) for the transfer or retention of any property, rights and liabilities, with or without conditions, and for joint use of any property;

(b) for the making of payments by any party to the agreement in respect of - 


(i) property, rights and liabilities transferred or retained;

(ii) the joint use of any property; or

(iii) remuneration or compensation payable to any person.

"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.

     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.

(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 - 

(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

     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 - 

(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.

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

(b) given to the Countryside Agency.

Method of election, and notification where election uncontested

     9. Where in respect of any group of parishes specified in Part IV of this Schedule - 

(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

     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.

    (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.

(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

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

(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).

(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.

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

(b) given to the Board.

Method of election, and notification where election is uncontested

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

(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.

(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.

(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

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

(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).

(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.

    (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.

    (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.

    (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.

(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.

(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.

(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.

"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.

Transfer of staff
     2.  - (1) This paragraph applies to any person - 

(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.