Standing orders - Dorset Local Access Forum

Part 1: Introduction

These Standing Orders set out the duties, membership details and working arrangements for the Joint Local Access Forum for the territory covered by the Dorset Council and the Bournemouth, Christchurch and Poole Council. ("the Forum"). As a result of the 2019 local government re-organization in Dorset these two Councils are the Appointing Authorities in relation to the Forum. 

(When CROW 2000 came into effect the historic county of Dorset was covered by three authorities of Highways Authority status, i.e. Dorset County Council, Bournemouth Borough Council, and Poole Borough Council. The three Councils became Appointing Authorities, and agreed to establish a single Joint Local Access Forum, as provided for in the Regulations. This arrangement came to an end with the 2019 local government re-organization and is recorded here purely for information.)

Part 2: Legislative background

The Forum is established under section 94 of the Countryside and Rights of Way Act 2000 ("section 94") ("CROW") and operates in accordance with the provisions of that Act, and the Local Access Forums (England) Regulations 2007 ("the Regulations"). 

In the event of any conflict between these Standing Orders and any legislation that from time to time applies to the FORUM, the legislation takes precedence. 

Guidance on the operation of Local Access Forums in England has been issued by the Secretary of State for the Environment Food and Rural Affairs (the current version was published February 2007 and took effect 19 March 2007) ("the Guidance"). Section 94 of the Act requires the Forum “to have regard to” the Secretary of State’s Guidance. The Marine & Coastal Access Act 2009 requires Natural England to consult with LAFs as part of their duty to define the route of the England Coast Path. 

Part 3: Terms of reference

Section 94 of the Act and the Regulations provide that it is the function of the Forum to advise*: 

  • the appointing authorities
  • any bodies carrying out functions under part 1 of CROW
  • any conservation board established by the Secretary of State under section 86 of CROW
  • any parish or town council for the Forum's area, and
  • the English Sports Council. 

*(section 94 bodies include: - Appointing authorities – Dorset Council and Bournemouth, Christchurch and Poole Council, Defra, Natural England, Forestry Commission, MOD, English Heritage, Sports England, Planning Inspectorate, National Highways) 

regarding:

  • the improvement of public access to land in the Forum's area for the purposes of open-air recreation and the enjoyment of the area (taking account of diversity, equality and Inclusion); and 
  • public access to land in the Forum's area for any lawful purpose (that is without committing an offence or trespassing on the land accessed) other than for the purposes of open-air recreation and the enjoyment of the area (but, in relation to access by mechanically propelled vehicles, only insofar as the access relates to byways open to all traffic)

In carrying out its functions, the Forum is required to have regard to: 

  • the needs of land management
  • the desirability of conserving the natural beauty of the Forum's area, including the flora, fauna and geological and physiographical features of the area
  • guidance given from time to time by the Secretary of State

The Secretary of State’s Guidance gives more detail regarding the matters on which the Forum can advise - in particular Annex A of the Guidance. These include specific duties: 

  • to contribute to the development and implementation of Rights of Way Improvement Plans
  • advising on the management of Public Rights of Way 
  • to advise conservation boards (such as National Landscapes) on the development of their management plans 
  • to advise on the designation, management and promotion of Open Access Land, protection and enhancement of access on Common Land and access to water
  • advising on Access and Recreation incorporated into or affected by other strategies, plans and initiatives, for example, public transport, highways, tourism, education, health, planning, coastal zone management and economy
  • to advise on the development of the England Coast Path 

At its discretion the Forum may offer advice to bodies other than those listed in the legislation, but there is no duty on any such body to give any weight to such advice. 

Part 4: Membership

Regulations 3, 4 and 5 deal with the appointment of members to the Forum. 

The appointing authorities have determined that the membership of the Forum shall comprise up to 18 independent members representing land managers, access users and wider access related interests and 2 elected members one from Dorset Council and one from Bournemouth, Christchurch and Poole - the 2 appointing authorities. 

Membership of the Forum is open to all members of the public and is widely advertised. Members will, through consultation, represent an area of interest rather than the views of any specific organization to which they belong. In this way the Forum will represent a broad spectrum of views within Dorset. Membership of the Forum is required by the Regulations to be broadly balanced between representatives of user and land management interests. Membership should, also, represent other interests especially relevant to Dorset. 

Members of the Forum are appointed to the Forum by the appointing authorities, in accordance with the requirements set out in the Regulations. Members are appointed for a maximum term of 3 years although there is no limit to the number of times an individual may be appointed as a member of the Forum. Membership normally begins in November of the relevant year. To ensure that all appointments do not come up for renewal simultaneously there is a rolling programme of appointment so that approximately one third of members retire each year; retirement occurs at midnight on the day before the November meeting in the appropriate year.

Part 5: Working arrangements

The following working arrangements have been adopted by the Forum in accordance with the Regulations, which provide for each Access Forum to determine its own proceedings (save as provided for in Regulations 6, 7, 8 and 10). In the event of any inconsistency between the Regulations and these working arrangements, the Regulations shall take precedence. 

5.1 The first meeting of each annual season of the Forum will usually be held in November, although the Forum can agree to vary the season if necessary. The Forum must hold at least two meetings every year and usually holds three meetings each year. 

5.2 At its first meeting of each annual session the Forum members shall elect from amongst their number a Chairman and a Vice-Chairman to hold office for that annual session. In selecting the Chairman and Vice-Chairman the Forum should seek (so far as is reasonably practical) to maintain a balance between the various interest groups represented on the Forum. Members of the appointing authorities should avoid offering themselves to these posts if possible. 

5.3 In accordance with Regulation 6(8) 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 his or her interest to the meeting. 

5.4 Meetings of the Forum will be open to the public, other than in the exceptional circumstances defined in Section 7(7) of the Regulations. At the discretion of the Chairman of the meeting observers or members of the public may be invited to participate in discussions on specific agenda items. In accordance with the Regulations a person exercising the right of admission to a meeting of the Forum may be excluded from a meeting to suppress or prevent disorderly conduct or other misbehaviour at a meeting. 

5.5 A quorum of at least 8 members must be present at the start of each meeting. 

5.6 If neither the elected Chairman nor the Vice-Chairman of the Forum is able to attend a quorate meeting the members present shall choose one of their number to chair the meeting. 

5.7 The agenda for each meeting will be prepared by the Secretary in accordance with guidance provided by the Chairman and Vice-Chairman, who will jointly ensure that all Forum members have an opportunity to identify any issues they wish the Forum to consider at a given meeting. 

5.8 As appropriate, reports for each meeting will be prepared by members of the Forum, officers of the appointing authorities or representatives of other bodies or interest groups. 

5.9 The agenda and any available papers for a meeting of the Forum will be distributed to members a maximum of 10 but not less than 5 working days in advance of the meeting. 

5.10 In accordance with Regulation 7(3) and (4) copies of the agenda for a meeting of the Forum and copies of any report for the meeting shall be open to inspection by members of the public at the offices of the appointing authorities at least 3 clear days before the meeting except for the limited circumstances set out in Regulation 7(4) (a) and (b). 

5.11 An item of business may not be considered at a meeting of the Forum unless either [a] the requirement to make documents available for inspection by the public has been complied with; or [b] by reason of special circumstances, which must 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. 

5.12 The Forum will seek to achieve a consensus position wherever possible. If the Chairman of the meeting feels that a formal vote should be taken on any specific proposal it will be conducted by show of hands and on a simple majority vote basis. In the event of a tied vote the Chairman of the meeting will exercise a casting vote. Where appropriate the advice issued by the Forum should acknowledge relevant minority viewpoints. 

5.13 Minutes of each meeting will be prepared by the Secretary and made available to the Chairman and Vice-Chairman for comment within 15 working days of the meeting and distributed to all members within 25 working days of the meeting. It is important that the Minutes capture the range of views expressed during each discussion and by whom, and clearly identify points on which it was agreed that further work should be undertaken including an action sheet. 

5.14 The Regulations require that certain documents relating to the work of the Forum must be open to inspection by members of the public at all reasonable hours at the offices of the appointing authorities for 2 years. If a member of the public would like to see such documents, they can contact the Secretary (DLAF Coordinator). 

5.15 Members will establish working groups investigating specific issues/areas of work as and when required, on behalf of the wider Forum. These groups may undertake their work either by meeting in person and/or by email. These groups will make suitable recommendations to the Forum either between or at the next convenient meeting, depending on the nature and timetable of the work. These groups will present a written report to Forum meetings detailing working group membership, issues considered, work in progress, recommendations and outcome. 

5.16 On some occasions consultation exercises - or other requests for advice from the Forum's S94(4) bodies - may call for a Forum response to be issued in between meetings of the Forum. In such cases the Chairman [or in his/her absence the Vice-Chairman] will ensure that all Forum members have an opportunity to contribute, and then authorise a response on behalf of the Forum. Consultation responses prepared under this provision will be reported to and ratified at the next full meeting of the Forum. 

5.17 The Secretary for the Forum is provided by Dorset Council. 

5.18 The Dorset Council will reimburse the reasonable out of pocket expenses incurred by members in attending Forum meetings. 

5.19 The Forum will prepare an annual report on the discharge of its functions, using the Forum Annual Review Form, as prescribed by Defra and Natural England. That report shall be published by the appointing authorities. It is at the discretion of the Forum whether they choose to produce and publish an additional annual report in another format.