This Constitution brings together the requirements of the Local Access Forums (England) Regulations 2002 and decisions made by Norfolk County Council and the Forum under those Regulations.
1. Terms of Reference
The Terms of Reference of the Forum are to be a statutory consultee
for:-
(a) draft maps showing open country and registered common land;
(b) byelaws affecting access land;
(c) the appointment of access wardens on access land;
(d) directions that would restrict or exclude long-term access;
(e) rights of way improvement plans.
2. Constitution of the Forum
The Forum comprises 17 representatives appointed by Norfolk County
Council as follows:-
- 5 to represent users of public rights of way in Norfolk.
- 5 to represent landowners and land managers in Norfolk,
including 3 farmers.
- 4 to represent other interests.
- 3 Norfolk County Councillors reducing to 2 if the overall number
of appointments otherwise falls below 17. In that situation,
paragraph 3 of the Appendix will apply.
3. Term of Office
(a) The 3 County Councillors are appointed in May of each year.
(b) The remaining members of the Forum are appointed for 3 years.
However, the appointment of any of these representatives ceases in the
following circumstances:-
- The representative gives written notice to the County Council
resigning from the Forum.
- In the situation where one of the 14 external appointments
becomes a member of the County Council, a District Council in
Norfolk or the Broads Authority.
- Where the representative has either been absent from meetings of
the Forum for at least one year without the County Council's consent
or has failed to disclose an interest under paragraph 7 and in
either case the County Council terminate the appointment.
4. Number of Meetings
The Forum will meet at least twice in each year.
5. Chairman and Vice-Chairman
At its first meeting after 1 August in each calendar year, the Forum
will appoint a Chairman and Vice Chairman. In making these appointments,
the Forum must ensure so far as practicable that they are not at any one
time both drawn from the same interests referred to in paragraph 2.
6. Access to Meetings and Documents
(a) Meetings of the Forum are open to the public, subject to any
power of exclusion to suppress or prevent disorderly conduct or other
misbehaviour at a meeting.
(b) Copies of the agenda for meetings of the Forum and of any reports
for meetings must be open to inspection by members of the public at
County Hall at least three clear days before the meeting except:-
- Where the meeting is convened at shorter notice, the copies of
the agenda and reports must be open to inspection from the time the
meeting is convened.
- Where an item is added to an agenda, copies of the document
adding the item to the agenda and the copies of any report for the
meeting relating to the item must be open to inspection from the
time the item is added to the agenda.
- An item of business may not be considered at a meeting of the
Forum unless these requirements are complied with or, by reason of
special circumstances to be specified in the minutes, the Chairman
of the meeting is of the opinion that the item should be considered
at the meeting as a matter of urgency.
(c) After a meeting of the Forum, the minutes, agenda and reports to
the meeting must be open to inspection by members of the public at
County Hall for at least two years following the meeting.
(d) In addition, where any report for a meeting of the Forum is open
for inspection by members of the public there must also be open for
inspection copies of a list of any background papers for the Report
together with a copy of the documents included in that list.
(e) Where any document is open to inspection a member of the public
may upon payment of a reasonable copying fee, require the person having
custody of the document to supply a copy to him or her.
7. Declarations of Interest
A member of the Forum who is directly or indirectly interested in any
matter brought up for consideration at a meeting of the Forum must
disclose the nature of that interest to the meeting. Failure to do so
may mean that the County Council will terminate the representative’s
appointment.
8. Location of Meetings
Meetings will be held at such venues as the Forum decides.
9. Secretary
The Forum's Secretary is the County Council's Head of Democratic
Services.
10. Representative’s Expenses
The County Council will meet:-
(a) Any reasonable expenses incurred by the Forum.
(b) Expenses incurred by members of the Forum in connection with
their attendance at meetings of the Forum and any other activities
relating to the discharge of the functions of the Forum, but only in
respect of:-
- Travel and Subsistence Costs.
- Any expenses of arranging for the care of their children or
dependants.
11. Annual Report
The Forum must produce an annual report on its work, to be published
by the County Council. The annual report will:-
(a) set out the occasions and issues on which the Forum has provided
advice in the preceding year, and indicate to whom advice was given;
(b) include such other information as the Forum thinks fit.
12. Proceedings of the Forum
The rules contained in the Appendix govern how the meetings of the
Forum are run.
APPENDIX
1. Quorum
The Quorum for meetings of the Forum is 7 and must include at least 1
member from each of the 4 categories of members listed in paragraph 2 of
this Constitution.
2. Voting in Meetings
(a) Voting will be by show of hands.
(b) Every issue will be determined by simple majority of the votes
cast at the meeting.
(c) Every member of the Forum has one vote on each issue except for:-
- the Chairman of the meeting, who has a second or casting vote;
and
- any Observing County Councillor, who may not vote (See paragraph
3).
3. County Councillor Representation
(a) In the event of a Forum meeting being held when fewer than 17
representatives are appointed, the member from the party with the third
most council seats will be an Observing County Councillor for that
meeting.
(b) Where 3a applies, the observing County Councillor may attend and
speak at the meeting of the Forum but may not vote.
4. Substitutes
Members of the Forum cannot appoint substitutes to represent them in
their absence from meetings.
5. Minutes
The Chairman will sign the minutes of the proceedings at the next
suitable meeting.
6. Record of Attendances
Each member attending a meeting of the Forum must, with a view to
securing the recording of his or her attendance, sign the attendance
sheet provided by the Secretary for that purpose. If any member arrives
after the attendance sheet has been circulated, he or she must intimate
their presence to the Secretary.
7. Public Questions
(a) A person resident in Norfolk may attend meetings of the Forum
and, by giving two working days notice, may ask any question on any
matter in respect of the Forum's Terms of Reference.
(b) Any questions submitted in time will be included on the agenda
and will be the subject of response by the Chairman.
(c) If the person asking the question is not present at the meeting,
the answer as reported at the meeting will be sent by post to the
questioner following the meeting.
(d) The number of questions which may be asked by any one person at
any one meeting will be limited to one (plus a supplementary) and Public
Question Time will be limited to 10 minutes in total. Any questions
which remain unanswered within that timescale will receive written
notices.
8. Chairman's Ruling
The ruling of the Chairman as to the construction or application of
these rules or as to any proceedings of the Forum will be final for the
purposes of the meeting at which it is given.
9. Allocation of Duties
(a) The Chairman (with NCC. officer support) will:-
- grant responsibility to individual representatives for
maintaining contact with Committees, Local Access Forums, Liaison
Groups, etc.
- grant responsibility to categories of interest to invite
speakers and arrange training
- submit the agenda to the administrative officer at least a month
before the date of the next main meeting
- sign outward correspondence
(b) The technical support officer will:-
- receive correspondence addressed to the Forum within its terms
of reference
- co-ordinate work on behalf of the Forum and provide advice
(c) The administrative support officer will:-
- compile and send correspondence on behalf of the Forum
- carry out administrative work on behalf of the Forum
10. Changes to these Rules
The Forum may change the rules in this Appendix by a simple majority.
Similarly, the Forum may add new rules of procedure.
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