Made | 13th December 2001 | ||
Coming into force | 1st January 2002 |
(2) Unless the context otherwise requires, in these Regulations any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Establishment of a forum
3.
- (1) Subject to paragraph (3), an appointing authority must establish a forum or forums for the whole of the area for which it is the appointing authority.
(2) An appointing authority may either establish a single forum for the whole of the area for which it is the appointing authority or, alternatively, a number of forums, each for such part of the area for which it is the appointing authority as it thinks fit.
(3) The duty imposed on an appointing authority by paragraph (1) does not apply to the area for which it is the appointing authority or to a part of that area if there is in force in relation to that area or that part of that area a direction given by the National Assembly under section 94(8) of the Act.
(4) The appointing authority must discharge the duty imposed by paragraph (1) within one calendar year of the date on which these Regulations come into force.
(5) An appointing authority may, with respect to any area for which it is the appointing authority or part of that area, discharge the duty imposed by paragraph (1) by appointing a forum jointly with one or more other appointing authorities, in accordance with such arrangements as it may make with such other appointing authority or authorities, in respect of an area which includes that area or part of that area.
(6) Where the appointing authority considers it appropriate to establish a forum for part of its area, it must, in considering the area which that forum is to cover, consult with such local authorities and other bodies as it thinks fit.
Membership of a forum
4.
- (1) A forum must consist of a Chair and Deputy Chair, appointed in accordance with regulation 12, and a Secretary, together with not less than 10 and not more than 20 other members (or such other number of members outside that range as the National Assembly may authorise in writing).
(2) A forum is to be regarded as having been established on the date specified by the appointing authority in the letters of appointment it sends to persons who are to be appointed as members of that forum, that date being the date of the first meeting of the forum.
(3) A person's membership of a forum continues until the expiry of the period of 3 years from the date of the first meeting of the forum, or such shorter period as is specified by the appointing authority in the letters of appointment referred to in paragraph (2), unless that person's membership terminates in accordance with regulation 14.
(4) A person who ceases to be a member of a forum is eligible for re-appointment.
5.
- (1) An appointing authority may, in addition to appointing members in order to fill casual vacancies in the membership of a forum, at any time appoint further members to a forum provided the total number of members, excluding the Chair and Deputy Chair, does not as a result exceed 20 (or such other number as may be authorised by the National Assembly pursuant to regulation 4(1)).
(2) When a casual vacancy arises in the membership of a forum, the appointing authority may refrain from appointing a member to fill that vacancy provided the membership of the forum, excluding the Chair and Deputy Chair, does not as a result fall below 10 (or such other number as may be authorised by the National Assembly pursuant to regulation 4(1)).
(3) Before an appointing authority exercises its power under paragraph (1) to appoint a further member or members of a forum in addition to any required to fill a casual vacancy, or its power under paragraph (2) to refrain from appointing a member to fill a casual vacancy in the membership of a forum, it must consult the forum and such other bodies as it thinks fit.
6.
- (1) Where the area of a forum falls entirely within the area of the appointing authority, that authority must appoint one (but may not appoint more than one) member to a forum who is either an officer or member of the appointing authority.
(2) Where the area of a forum falls within the area of more than one appointing authority and there are -
7.
When considering what persons to appoint as members of a forum, an appointing authority:
8.
An appointing authority must not appoint as a member of a forum any person who appears to the authority to have or to be likely to have such pecuniary or other interest in the matters on which the forum is required to advise as is likely to have a substantially adverse effect on the ability of that person properly and effectively to discharge the function of a member of the forum.
9.
Before appointing a person as a member of a forum the appointing authority must require that person to provide it with such information as it may reasonably require for the purpose of assessing that person's suitability to be a member of that forum.
Administration of a forum
10.
- (1) The appointing authority must in relation to each forum appoint a person (who shall not be a member of the forum) to act as its Secretary and to be responsible for the administration of a forum.
(2) Notwithstanding the generality of paragraph (1), the duties of the Secretary include -
are delivered, either in person or by post to such address as a member may specify for the purpose, to each member of the forum so as to be received (or in the case of delivery by post so as to be delivered in the normal course of posting) at least seven clear days before the date of a meeting;
(d) drawing to the attention of the forum the provisions of any national codes of practice, guidance issued by the Countryside Council for Wales or the National Assembly for Wales and statutory requirements to which the forum is to have regard when exercising its functions;
(3) The Secretary must be present at all meetings of a forum and may attend meetings of any committee established under regulation 13.
(4) In the event of the temporary incapacity of the Secretary the appointing authority must appoint an Acting Secretary to discharge the duties of the Secretary during the period of that incapacity.
11.
The appointing authority must defray all reasonable expenses incurred by a forum in discharging its functions including such expenses (other than loss of earnings and other costs directly related to a person's employment) reasonably and necessarily incurred by the Chair, Deputy Chair and members of the forum in attending meetings.
Appointment of Chair and Deputy Chair
12.
- (1) The Secretary must -
(2) The Chair and Deputy Chair shall be members of the forum to which they are to be elected Chair and Deputy Chair and shall be elected by the other members of the forum by secret ballot.
(3) The Secretary must preside at any meeting of the forum until the Chair and Deputy Chair have been elected and must conduct the election of the Chair and Deputy Chair.
(4) If the result of the first or any subsequent ballot is that a candidate receives the votes of more than one-half of the members voting the Secretary must declare that person elected.
(5) If the result of the first or any subsequent ballot is that no candidate receives the votes of more than one-half of the members voting the Secretary must conduct a further ballot excluding the candidate who received the lowest number of votes at the previous ballot.
(6) In the event that on any ballot there is an equality of votes between two candidates and the number of votes which they each receive is less than that received by any other candidate the Secretary must determine by lot which of them is to be excluded from any further ballot.
Establishment of a committee by a forum
13.
- (1) The members of a forum may, with the agreement of the Chair, establish such committee or committees of members as they think fit.
(2) Subject to anything contained in these Regulations to the contrary, where a committee is established, the manner in which it is chaired, the appointment of its members, and its terms of reference are to be decided by the members of the forum which established it.
Termination of membership
14.
- (1) A person's membership of a forum, including that of the Chair and Deputy Chair, terminates on the happening of any of the following events:
(2) The Secretary must notify the appointing authority of any vacancy in the membership of the forum of which the appointing authority are not or may not otherwise be aware and an appointing authority which becomes aware of any such vacancy must, subject to regulation 5, appoint a person to fill that vacancy.
(3) If a member of a forum is elected Chair or Deputy Chair of that forum the appointing authority must, subject to regulation 5, appoint a person as a member of the forum as if the person elected Chair or Deputy Chair had ceased to be a member of the forum.
Conduct of meetings of a forum
15.
- (1) The first meeting of a forum after the meeting at which the appointment of all members of the forum takes effect (whether upon establishment of the forum or upon the appointment of members after the membership of all members ceases under regulation 4(3)), is to take place at such time and place as may be decided by the appointing authority, its agenda is to be decided by the appointing authority, and the Secretary is to preside over it, but thereafter the forum may meet at such intervals as it considers appropriate, but must meet at least twice in each twelve-month period calculated by reference to the date on which it was established.
(2) Meetings of the forum may be held on such days and at such places as may be agreed by the members and shall be open to the public unless the person presiding rules that a particular item of business to be considered at a meeting makes it appropriate for the public to be excluded during consideration of that item of business.
(3) At any meeting of the forum, the person who is to preside (the "person presiding") is, subject to regulation 12(3), -
(4) No business may be conducted by a forum unless the number of members present, excluding the person presiding, exceeds one-third of the total membership.
(5) Subject to anything contained in these Regulations to the contrary, or to any guidance given by the National Assembly under section 94(6)(c) of the Act, a forum may regulate its own procedure.
(6) The proceedings of any meeting shall not be invalidated if any person so entitled fails to receive any notice or other documents relevant to the meeting concerned which are otherwise required to be delivered or sent under these Regulations.
(7) The minutes of the proceedings of a meeting (which shall include the names of those members present and absent) shall be drawn-up, submitted for agreement at the next meeting and be signed by the person presiding at that next meeting.
(8) The Chair may invite observers and/or advisers to a meeting, and those invited may, if the person presiding considers it appropriate, contribute to the proceedings of the forum.
(9) A representative of the National Assembly and/or the Countryside Council for Wales, and any officer of an authority which (in respect of the forum concerned) is an appointing authority, may attend any meeting of the forum, or of a committee established by that forum, as an observer.
(10) When the person presiding considers it appropriate to put any question to a vote, the person presiding must formulate that question, in writing if requested, and any vote is to be by show of hands of those members present (except that the person presiding shall not be entitled to vote unless there is an equality of votes, in which case the person presiding is to have a casting vote).
Annual reports
16.
- (1) An appointing authority must, in relation to each forum for which it is the appointing authority, prepare and approve, as soon as reasonably practicable after 31 March in each year, an annual report.
(2) An annual report prepared under paragraph (1) must include -
(3) A copy of the annual report must, when it has been approved, be made available for inspection by members of the public at the offices of the appointing authority during normal office hours free of charge.
(4) An appointing authority must, on application by any member of the public, provide that person with a copy of any annual report prepared and approved under this Regulation, or of any part thereof, on payment of the cost of postage and such further sum not exceeding 10 pence per page as the appointing authority may require.
Notification of appointments etc.
17.
The appointing authority must:
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[2].
D. Elis-Thomas
The Presiding Officer of the National Assembly
13th December 2001