Norfolk Local Access Forum - Constitution

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:-

  • appoint and convene sub-groups with responsibility for replying to incoming correspondence subject to there being:-

    - at least one representative from each category of interest appointed

    - at least seven-day’s notice of proposed response to all Forum representatives to allow them to comment

  • 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.