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The Cheshire (Structural Changes) Order 2008

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Joint committees

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17.—(1) Not later than 14 days after the coming into force of this Order—

(a)the County Council and the East Cheshire councils shall establish a joint committee under section 101(5) of the 1972 Act for the purpose of discharging, until the first meeting of the shadow authority for Cheshire East, the functions mentioned in paragraph (2) (“the Cheshire East Joint Committee”); and

(b)the County Council and the West Cheshire councils shall establish a joint committee under section 101(5) of the 1972 Act for the purpose of discharging, until the first meeting of the shadow authority for Cheshire West and Chester, the functions mentioned in paragraph (2) (“the Cheshire West and Chester Joint Committee”).

(2) The functions are—

(a)the article 16 functions, and

(b)the functions referred to in articles 18, 19 and 20.

(3) The Cheshire East Joint Committee shall consist of—

(a)six persons nominated by the County Council who, for the time being, are members of that Council for electoral divisions whose areas are within the East Cheshire districts; and

(b)nine persons of whom each of the East Cheshire councils shall nominate three, being persons who, for the time being, are members of those councils.

(4) The Cheshire West and Chester Joint Committee shall consist of—

(a)six persons nominated by the County Council who, for the time being, are members of that Council for electoral divisions whose areas are within the West Cheshire districts; and

(b)nine persons of whom each of the West Cheshire councils shall nominate three, being persons who, for the time being, are members of those councils.

(5) In making the nominations referred to in paragraphs (3) and (4), the County Council and the East Cheshire councils and the West Cheshire councils shall, to the extent that it is practicable to do so, secure that at all times the Conservative Party, the Labour Party and the Liberal Democrats are all represented on each Joint Committee by at least one member.

(6) It shall be the duty of the County Council, and–

(a)as regards the Cheshire East Joint Committee, each of the East Cheshire councils,

(b)as regards the Cheshire West and Chester Joint Committee, each of the West Cheshire councils,

to co-operate in the establishment of the relevant Joint Committee.

(7) The chairman of the Cheshire East Joint Committee shall be the person who is for the time being the leader of Macclesfield Borough Council.

(8) The chairman of the Cheshire West and Chester Joint Committee shall be the person who is for the time being the leader of Vale Royal Borough Council.

(9) The Cheshire East Joint Committee and the Cheshire West and Chester Joint Committee shall each regulate its own proceedings, but a question to be decided by the committee shall, in the first instance, be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the chairman of the committee) having one vote.

(10) In the case of an equality of votes, the person presiding at the meeting (whether or not the chairman of the committee) shall have a casting vote, in addition to any other vote the person may have.

(11) The Cheshire East Joint Committee shall be dissolved on the day following that on which the shadow authority for Cheshire East holds its first meeting.

(12) The Cheshire West and Chester Joint Committee shall be dissolved on the day following that on which the shadow authority for Cheshire West and Chester holds its first meeting.

(13) This article shall cease to have effect on the fifteenth day after the 2008 election day.

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