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The Magistrates' Courts Committees (Avon and Somerset) Amalgamation Order 1998

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Selection of transferee committee

5.—(1) As soon as reasonably practicable after the first appointed day, and in any event not later than the second appointed day, the selection panel shall select the first members of the transferee committee, who shall take office on the second appointed day.

(2) The transferor committees shall, by the day before the first appointed day, inform the clerk to the selection panel of the number of persons (which shall be an even number) which, subject to regulation 11 of the Constitution Regulations, they wish to be selected as the first members of the transferee committee.

(3) Provided that sufficient suitable candidates present themselves, the selection panel shall, in selecting members of the transferee committee, ensure that during the two years following the amalgamation date half of the members of that committee are representatives of the Avon magistrates' courts committee and the other half are representatives of the Somerset magistrates' courts committee; and in this paragraph a representative of a transferor committee means a person who was a member of that committee on the day preceding the first appointed day.

(4) In selecting the first members of the transferee committee the selection panel shall, in accordance with the number of vacancies notified under paragraph (2) above, appoint those members to take office in the numbers and for the terms specified opposite that number in the Table following this paragraph.

(5) Subject to paragraph 4 above and to the preceding sub-paragraphs of this paragraph, the Constitution Regulations shall apply to the transferee committee except that—

(a)regulations 2(2), 2(3), 3, 6(3)(a), 14(3) and 14(4) and Schedules 2 and 3 shall not apply;

(b)paragraphs (2), (3) and (7) of regulation 6 shall not apply in relation to the selection of the first members of the transferee committee;

(c)regulation 7 shall apply to the selection of the first members of the transferee committee as if for the reference to 31st December there were substituted a reference to the day before the first appointed day;

(d)any period served on a transferor committee or the transferee committee, or as chairman of any such committee, prior to the amalgamation date shall not count towards the maximum periods of service permitted by regulations 8 and 10;

(e)regulations 15 and 16 shall not apply before the amalgamation date;

(f)references in any regulation to any other regulation shall be read as references to that other regulation as modified by paragraphs (a) to (e) above.

TABLE

Number of vacancies notifiedNumber of members to hold office till 31st March 2001Number of members to hold office till 31st March 2002Number of members to hold office till 31st March 2003
4112
6222
8332
10334
12444

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