Nottinghamshire Local Access Forum Terms of Reference
Defra guidance on Local Access Forums in England website http://www.defra.gov.uk/wildlife-countryside/cl/local-access-forums.htm
Defra Local Access Forums (England) Regulations 2007 website http://www.defra.gov.uk/wildlife-countryside/cl/local-access-forums.htm
Nottinghamshire Local Access Forum terms of reference
Contents:
Title
Role and Responsibilities
Membership
Administration of Forum Meetings
Annual Report
Financial Provisions
Title
1. The Forum shall be known as the Nottinghamshire Local Access Forum (hereinafter the Forum).
Role and Responsibilities
2. The primary purpose of the Forum is to provide advice to the appointing authority (Nottinghamshire County Council), other local authorities within the area of the forum, and others such as Natural England and the Secretary of State on how to make the countryside more accessible and enjoyable for open air recreation, in ways which address social, economic and environmental interests. The Forum will assist access provision, giving advice on issues of particular local relevance.
3. The Forum will give advice on three main topics:
- improving the public rights of way network, primarily through Nottinghamshire’s Rights of Way Improvement Plan.
- management and review of the statutory right of access to the countryside, through land classified as ‘open country’
- the incorporation of recreation and access into strategies and plans which are relevant to the area, through consultation.
4. The Forum will work to:
- develop a constructive and inclusive approach to the improvement of recreational access to the countryside
- respect local circumstances and different interests while operating within the parameters of national guidance
- provide advice on issues of principle and good practice which is consistent with national guidance
- engage in constructive debate and seek consensus wherever possible
- make clear, where consensus is not possible, the nature of differing views and suggest how they might be resolved
5. In carrying out these functions, the Forum shall have regard to:
- the needs of land management
- the desirability of conserving the natural beauty of the area for which it is established, including the flora, fauna and geological and landscape features of the area
- guidance given from time to time by the Secretary of State
- proper liaison with other organisations
Membership
6. The membership will:
- be balanced to avoid dominance by a single interest group or coalition of like interests
- include a cross-section of local interests in the countryside
7. The membership will include:
- a chair and vice-chair (but shall not be an elected member from the appointing authority)
- a maximum of two elected members from the appointing authority if the Forum membership drops below 16, three if above 16
- a maximum number of all members of 22, with a minimum number of all members of 15
8. Members in total must bring a wide range of experience, including:
- a. recreational use, for example walking, riding, carriage driving, trail bike riding, cycling etc.
- b. land management, for example tenants, landowners and occupiers and others with an interest in the land; and
- c. nature conservation, tourism, heritage, health, business, other transport and community interests
9. The forum shall maintain a balance between members described in 8a) ‘user’ and 8b) ‘land’ interests, above.
10. Members who genuinely have experience and credibility in relation to the categories in paragraph 8c) ‘other’ interests, in addition to 8a) or 8b) will be particularly useful.
11. Members will be appointed by the appointing authority according to selection criteria which assess whether candidates have ‘sufficient experience’ of access to the countryside to be able to make an informed and constructive contribution to improving local access provision. However, it is important that the appointing authority takes into account candidates who may not have the ‘sufficient experience’ but can offer, for example, enthusiasm and creativity.
12. Before appointment, members will be asked to confirm:
- their support for the Forum
- commitment to working within the terms of reference and achieving the aims of the Forum through constructive working with other members
- that they are able to devote the necessary time to attend meetings, attend training and to network with a wide range of interests outside meetings
- that they are willing to allow a brief biography, relating to relevant experience and skills for the Forum, to be published, including on the Forum website, and to allow a ‘non-personalised’ e-mail address to be publicised so that they may be contacted by members of the public in relation to the work of the Forum (via the appointing authority).
13. Members shall be appointed initially for a period of one year, with the option of extending the appointment further by mutual consent between the Member and the appointing authority after that time.
14. Members may resign from the Forum at any time by giving written notice to the appointing authority. The appointing authority may also terminate the appointment of a Forum Member where:
- The Member has failed to attend any of the Forum’s meetings for a year without first gaining the authority’s consent
- the Member has contravened the provisions regarding the disclosure of personal interests in section 15 below
15. Members of the Forum must disclose at a meeting, any personal interest, whether direct or indirect, in a matter to be discussed by the Forum at that meeting. A personal interest in any matter is regarded as being one which might affect a Member’s wellbeing, financial position, or business, or that of a relative or friend, to a greater extent than that of other council tax payers or other inhabitants of an area. The Member may still contribute to discussions but the declaration of interest will be recorded in the minutes of that meeting.
Administration of Forum Meetings
16. Meetings will be held at least four times a year and more frequently when necessary.
17. Meeting agendas will be agreed between the Chair, Vice Chair and the Secretary.
18. Meetings will be advertised in advance and open to the public, at an accessible venue (both in terms of physical access and geographically spread).
19. Agendas, papers and minutes of the meeting will be available to the public.
20. Any meeting of the Forum must have at least two thirds of Members present to have a quorum.
21. The Chair can invite observers and advisors to the meeting when appropriate.
22. Observers and advisors will be able to contribute to the meeting at the discretion of the Chair.
23. The public will be able to ask questions on the business of the meeting, subject to the following conditions:
a) Any question, statement, representation, deputation or petition shall be notified to the Forum Secretary in writing at least three working days in advance of the meeting taking place, signed by the person wishing to speak and giving details of the matter to be raised or a copy of the question, together with the speaker’s address and telephone contact number
b) Any question, statement, representation, deputation or petition shall be confined to an item either on the published agenda or Any Other Business.
c) Any matter deemed by the Forum Secretary to be defamatory or to relate to a specific Officer or Member will not be included on the Agenda and the speaker will be informed in writing accordingly
d) The speaker will be allowed up to 3 minutes to make a brief statement, explaining the background to the matter if necessary
e) The Chair of the Forum shall respond on behalf of the Forum
f) If a speaker is unable to attend a meeting, the question and answer shall be read aloud and a written answer to the question will be provided in the week following the meeting.
g) Deputations and petitions prepared on behalf of a group of three or more people may be received at any meetings within the provisions of 24a) – 24c) above providing that one person only is appointed to speak on behalf of the group for up to 3 minutes
h) With the Chair’s permission, Members or Officers will be allowed to ask questions of a speaker, or a person presenting a deputation or petition about appropriate points raised.
i) The Chair of a meeting shall have the right to exclude public speaking on a topic or related matter, which has been the subject of public participation at an earlier meeting.
Annual Report
24. The Forum will produce an Annual Report on its work, which will be published by the appointing authority. It will set out the occasions and issues on which the Forum has provided advice during the preceding year, and will be freely available to members of the public. The report will be taken to the appointing authority, Natural England and others. It will also be available on the Forum website.
Financial Provisions
25. Members are entitled to claim travel and subsistence allowances in respect of approved duties as a Member of the Forum. Claims are to be submitted on a quarterly basis in arrears on a pro forma provided.
26. Members are entitled to claim an allowance in respect of expenses related to arranging the care of their children, or dependant adults. This allowance will only be applicable in connection with approved activities as a Member of the Forum. Nottinghamshire County Council has now developed policy and a schedule of rates regarding care cost reimbursements.
