SCHEDULE 1
(introduced by section 7)
Constitution etc. of National Park Authorities
Status
1 A National Park authority shall be a body corporate.
2 A National Park authority shall not_
(a) be regarded as a servant or agent of the Crown,
(b) have any status, immunity or privilege of the Crown,
(c) be exempt from any tax, duty, rate, levy or any other charge whatsoever whether general or local,
and its property shall not be regarded as property of, or held on behalf of, the Crown.
Membership
3 (1) A National Park authority shall consist of such number of members, not exceeding 20, as is specified in the designation order which establishes the authority.
(2) The members shall be appointed by the Scottish Ministers, but half of the members shall be appointed on the nomination of such local authorities as the designation order may specify (being local authorities any part of whose area is in the National Park).
(3) Where there is more than one such local authority, the number of members to be nominated by each shall be specified in the designation order.
(4) In this schedule_
(a) "nominated member" means a member appointed on the nomination of a local authority,
(b) "directly appointed member" means any other member.
4 The Scottish Ministers shall, before appointing any directly appointed member, consult_
(a) such persons as appear to them to be representative of the interests of those who live, work or carry on business in the National Park,
(b) every local authority any part of whose area is in the National Park, and
(c) any other person they consider appropriate.
5 (1) No person may be appointed a directly appointed member unless the person appears to the Scottish Ministers to have knowledge or experience relevant to the functions of the National Park authority or the National Park.
(2) In appointing directly appointed members the Scottish Ministers shall seek to ensure that those members include persons appearing to them to have knowledge or experience in any particular matters specified in the designation order for the purposes of this sub_paragraph.
(3) A local authority shall not nominate a person for appointment as a nominated member unless the person appears to the authority to have knowledge or experience relevant to the functions of the National Park authority or the National Park.
(4) No person shall be appointed, or hold office as, a member unless the Scottish Ministers are satisfied that the person has no financial or other interest likely to affect prejudicially the person's performance as a member.
(5) For the purposes of sub_paragraph (4) the Scottish Ministers may, at any reasonable time, require from the person such information as they consider necessary to be so satisfied.
6 Each member_
(a) shall be appointed for such period, not exceeding 5 years, as is specified in the appointment,
(b) shall hold and vacate office in accordance with the terms of appointment,
(c) may, by written notice to the Scottish Ministers, resign membership,
(d) after ceasing to hold office shall be eligible for reappointment.
7 The Scottish Ministers may remove a member from office if they are satisfied that_
(a) the member's estate has been sequestrated or the member has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract; or
(b) the member_
(i) is incapacitated by physical or mental illness,
(ii) has been absent from meetings of the National Park authority for a period longer than three consecutive months without the permission of the authority, or
(iii) is otherwise unable or unfit to discharge the member's functions as a member or is unsuitable to continue as a member.
8 (1) Where there is a vacancy in membership, a new member shall be appointed in accordance with the preceding provisions of this schedule, according to whether the vacancy is of a directly appointed member or a nominated member.
(2) Where the vacancy is of a nominated member, the new member shall be appointed on the nomination of the local authority which nominated the previous member.
Convener and deputy convener
9 (1) The members shall elect, from among their number, a convener and a deputy convener.
(2) A person who ceases to hold office as convener or deputy convener is eligible for re_election.
(3) A convener or deputy convener who ceases to be a member ceases to be convener or, as the case may be, deputy convener.
(4) Where a member becomes, or ceases to be, the convener or deputy convener, the Scottish Ministers may vary the terms of the member's appointment so as to alter the date on which office as a member is to be vacated.
Remuneration, allowances and pensions
10 (1) A National Park authority shall pay to its convener, deputy convener and other members such remuneration and allowances as the Scottish Ministers may determine.
(2) Where a person ceases to be a member otherwise than on the expiry of the member's term of office the Scottish Ministers may, in special circumstances, direct the authority to pay to the person such amount of compensation as they may determine.
(3) The Scottish Ministers may direct an authority to pay, in respect of any office held by a person as convener, deputy convener or member_
(a) such pension, allowance or gratuity to or in respect of the person, and
(b) such contribution or other payment towards provision of such pension, allowance or gratuity,
as they consider appropriate.
Staff
11 (1) A National Park authority shall have a chief executive who shall be appointed by the authority with the approval of the Scottish Ministers on such terms and conditions as the authority may with such approval determine.
(2) Any variation of those terms and conditions requires the approval of the Scottish Ministers.
12 A National Park authority may appoint such other employees on such terms and conditions as it may determine.
13 (1) A National Park authority shall_
a) pay such pensions, allowances and gratuities to or in respect of its employees or former employees,
(b) make such payment towards provision of such pensions, allowances or gratuities,
(c) provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,
as it may, with the approval of the Scottish Ministers, determine.
(2) References in sub_paragraph (1) to pensions, allowances or gratuities include their provision by way of compensation for loss of office or employment.
Committees
14 (1) A National Park authority may appoint persons who are not members of it to be members of any committee established by it, but at least one member of any committee shall be a member of the authority.
(2) The authority shall pay to a committee member so appointed such remuneration and allowances (if any) as the Scottish Ministers may determine.
(3) Sub_paragraph (1) is subject to any provision of the designation order in relation to the composition of particular committees.
(4) Committees of an authority shall comply with directions given to them by the authority.
Delegation of powers
15 (1) Anything authorised or required by or under any enactment to be done by the National Park authority may be done by any of its committees which, or by any of its members or employees who, is authorised (generally or specifically) for the purpose by the authority.
(2) Nothing in sub_paragraph (1) prevents the authority from doing anything that a committee, member or employee has been authorised or required to do.
Members' interests
16 (1) A member who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of a National Park authority shall disclose the nature of the interest to the meeting; and, where such a disclosure is made_
(a) the disclosure shall be recorded in the minutes of the meeting, and
(b) the member shall not take any part in any deliberation or decision of the authority or of any of its committees with respect to that matter.
(2) For the purposes of sub_paragraph (1), a general notification given at a meeting of the authority by a member to the effect that the member_
(a) is a member of a specified company or firm, and
(b) is to be regarded as interested in any matter involving that company or firm,
shall be regarded as a sufficient disclosure of the member's interest in relation to any such matter.
(3) A member need not attend in person at a meeting of the authority in order to make a disclosure required to be made under this paragraph if the member takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.
(4) The Scottish Ministers may, subject to such conditions as they consider appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of an authority disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business.
(5) The power of the Scottish Ministers under sub_paragraph (4) includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Scottish Ministers.
(6) Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Scottish Ministers for the exercise of the power conferred by sub_paragraph (4).
(7) In this paragraph_
(a) any reference to a meeting of an authority includes a reference to a meeting of any of its committees,
(b) any reference to a member includes a reference to a person who is not a member of the authority but who is a member of any such committee.
Proceedings and minutes
17 (1) Each National Park authority may determine its own procedure.
(2) The proceedings of an authority and of any committee established by it shall not be invalidated by any vacancy among its members or the members of the committee or by any defect in the appointment of any such member.
Explanatory Notes Schedule 1 Constitution etc of National Park authorities Paragraph 1 explains the status of National Park authorities. They are to be bodies corporate; they will not be Crown bodies and will therefore not have Crown Immunity or be exempt from taxation, their staff will not be Crown servants (and therefore not Civil Servants), and their property will not belong to the Crown. Paragraphs 3 to 8 set out how membership of a National Park authority shall be determined. Paragraph 3 sets a maximum of 20 members, with the exact number to be set in the designation order for the park. It provides for half the members to be appointed by The Scottish Ministers and the other half by The Scottish Ministers but of people nominated by those local authorities specified in the designation order and having part of their area within the National Park area. Members appointed by local authority nomination are referred to as "nominated members", and all others (i.e. those appointed at the decision of The Scottish Ministers) are referred to as "directly appointed members". Paragraph 4 requires The Scottish Ministers to consult with those people with an interest - those who are representative of people living and working in the park, the local authorities, and anyone else they think appropriate - before appointing directly appointed members. Paragraph 5 requires (in sub-paragraphs (1) and (2)) all appointments to be made on the basis of the individuals having knowledge or experience relevant to the National Park authority or to the area of the park (including particular interests as the designation order may specify). It also (in sub paragraphs (4) and (5)) enables The Scottish Ministers to seek information from potential appointees and from members in order to satisfy themselves that those to be appointed have no financial or other interests which might compromise their ability to act as a member of the National Park authority. Paragraphs 6 to 8 deal with the holding and vacating of membership. The basis of appointments will be set out in the terms of appointment issued when a member is appointed, but shall not exceed five years (for a single term). A member may resign by writing to The Scottish Ministers. A member who ceases to hold office (whether by resignation or through expiry of their term of office) will be eligible to be re-appointed. The Scottish Ministers may remove a member from office if they are satisfied that any of the conditions set out in paragraph 7 are met. Where a vacancy arises, the appointment of a replacement will be in accordance with the provisions set out above. Paragraph 9 deals with the appointment of convenor and deputy convenor. Both positions are to be filled by election by members from one of their number. Since the maximum term of office for a member is five years, by implication this is the maximum term for a convenor or deputy convenor, and as with a term of membership, at the end of a term of appointment, a convenor or deputy convenor may be re-elected to that position. However, a convenor or deputy convenor who ceases to be member, for whatever reason, will also cease to hold the position of convenor or deputy convenor. When a member either takes up or ceases to hold the position of convenor or deputy convenor, The Scottish Ministers may vary the terms of that member's appointment in order to alter the date on which his or her membership comes to an end. Paragraph 10 deals with payment of members. The Scottish Ministers will determine the amounts which a National Park authority may pay its members (either as remuneration or as allowances), and they can direct a National Park authority, in special circumstances, to pay compensation when someone ceases membership other than through the normal expiry of their term. The Scottish Ministers may also direct an authority to pay a member, in respect of an office held (as convenor, deputy convenor, or other office) a pension, allowance or gratuity. Paragraphs 11 to 13 set out a National Park authority's powers and duties in respect of their staff. Paragraph 11 requires an authority to appoint a chief executive, and for The Scottish Ministers to approve the appointment and its terms and conditions. Approval of The Scottish Ministers is similarly required for any variation of those terms and conditions. Paragraph 12 makes clear that the authority may decide, without the need for approval, all other appointments of staff and their terms and conditions. Paragraph 13 requires an authority to make arrangements for paying pensions, allowances and gratuities to its staff (including compensation for loss of office or employment) and to seek approval from The Scottish Ministers for these arrangements. Paragraphs 14 and 15 cover an authority's ability to set up committees to deal with business and to delegate powers. Paragraph 14 enables an authority to appoint people to a committee who are not members of the authority, provided at least one authority member is on the committee, but this provision is subject to further specification in the designation order about particular committees. The reason for this is to allow for any committee dealing with planning matters to be constrained to ensure adequate representation by democratically elected councillors. Committee members can be paid remuneration or allowances as determined by The Scottish Ministers. Committees set up by an authority will be in accordance with directions given by the authority. Paragraph 15 allows an authority to authorise a committee, employee or member to act on its behalf (although this does not prevent the authority acting itself on the same matter). Paragraph 16 deals with members' interests. Under sub-paragraph (1) a member must declare any interest in a matter which is considered by a meeting of the National Park authority, and shall not take part in discussion or decision on the matter. The declaration of interest shall be recorded in the minutes of the meeting. Sub-paragraph (2) sets out the terms in which a notification of interest will be considered sufficient. Sub-paragraph (3) makes clear that provided a member has taken reasonable steps to ensure that his or her disclosure is notified in writing to the meeting, he or she need not attend in person. Sub-paragraphs (4) and (5) enable The Scottish Ministers to decide to override the effects of the provisions of this paragraph. Under sub-paragraph (4) this can happen if the provisions lead to so many of the members being prevented from taking part in discussion that the authority's ability to transact its business is severely impaired. Sub-paragraph (5) makes clear that The Scottish Ministers may also more generally override the effects of this paragraph, either indefinitely or for a period for reasons they specify. However, under sub-paragraph (6) nothing in this paragraph prevents a member from taking part in the authority's consideration and decision to ask The Scottish Ministers to use their override powers. The provisions of this paragraph apply to meetings of committees as well as authorities, and to members of committees as well as members of the authority(sub-paragraph (7)). Paragraph 17 deals with procedures of meetings. Each National Park is able to determine its own procedures. A vacancy on the authority or on a committee of the authority, or the fact of a defect in the appointment of a member, will not make proceedings invalid. |