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The Cheshire (Structural Changes) Order 2008

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PART 5FURTHER TRANSITIONAL PROVISIONS

Functions of the County Council, the East Cheshire councils and the West Cheshire councils, and prohibition on preparation of certain budgets and plans

16.—(1) There shall be added to the functions of the County Council the function, which shall be exercisable only in the transitional period beginning on the coming into force of this Order and ending on the fourteenth day after the 2008 election day, of preparing for and facilitating the economic, effective, efficient and timely transfer to the Cheshire East Council, of such of its functions, property, rights and liabilities as relate to Cheshire East and its inhabitants.

(2) There shall be added to the functions of the County Council the function, which shall be exercisable only in the transitional period beginning on the coming into force of this Order and ending on the fourteenth day after the 2008 election day, of preparing for and facilitating the economic, effective, efficient and timely transfer to the Cheshire West and Chester Council, of such of its functions, property, rights and liabilities as relate to Cheshire West and Chester and its inhabitants.

(3) There shall be added to the functions of each of the East Cheshire councils the function, which shall be exercisable only in the transitional period beginning on the coming into force of this Order and ending on the fourteenth day after the 2008 election day, of preparing for and facilitating the economic, effective, efficient and timely transfer to the Cheshire East Council of its functions, property, rights and liabilities.

(4) There shall be added to the functions of each of the West Cheshire councils the function, which shall be exercisable only in the transitional period beginning on the coming into force of this Order and ending on the fourteenth day after the 2008 election day, of preparing for and facilitating the economic, effective, efficient and timely transfer to the Cheshire West and Chester Council of its functions, property, rights and liabilities.

(5) Notwithstanding any enactment, none of the East Cheshire councils or the West Cheshire councils or the County Council shall undertake, as a local authority, the preparation of any budgets or plans that are to be prepared by a shadow authority, the Cheshire East Council or the Cheshire West and Chester Council.

Joint committees

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.

Implementation Plans and further provisions relevant to discharge of functions by joint committees

18.—(1) The Cheshire East Joint Committee and the Cheshire West and Chester Joint Committee shall each prepare, keep under review, and revise as necessary, an Implementation Plan which shall include—

(a)such plans and timetables as are in the opinion of each Joint Committee necessary to secure the effective, efficient and timely discharge of the article 16 functions; and

(b)such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge, on or after 1st April 2009, of the functions that, before that date, are functions of the County Council, the East Cheshire councils, or the West Cheshire councils.

(2) For the purposes of —

(a)preparing, reviewing and revising the Implementation Plan,

(b)discharging the article 16 functions, and

(c)discharging such other functions as may be conferred on it, each Joint Committee shall have regard to the information supplied to the Secretary of State in support of proposals for single tier local government in Cheshire and, in particular, to the information supplied in relation to the matters specified in paragraphs 3.6 to 3.11 (strategic leadership, neighbourhood empowerment and value for money services) of the guidance “Invitations to councils in England”, issued by the Secretary of State in October 2006(1) by—

(i)as regards Cheshire East, Macclesfield Borough Council,

(ii)as regards Cheshire West and Chester, Chester City Council, Ellesmere Port and Neston Borough Council and Vale Royal Borough Council.

(3) Each Joint Committee may, by written notice to—

(a)the proper officer of the County Council, or

(b)the proper officer of any of the East Cheshire councils or the West Cheshire councils,

require the council referred to in the notice to take such action relevant to any of the article 16 functions as may be specified in the notice.

Functions of joint committees relevant to executive arrangements

19.—(1) It shall be a function of the Cheshire East Joint Committee to formulate proposals for the executive arrangements that are to be operated by the shadow authority for Cheshire East and to present those proposals at the first meeting of the shadow authority.

(2) It shall be a function of the Cheshire West and Chester Joint Committee to formulate proposals for the executive arrangements that are to be operated by the shadow authority for Cheshire West and Chester and to present those proposals at the first meeting of the shadow authority.

(3) In formulating proposals under paragraph (1) or (2) the Joint Committees shall comply with section 10(2) of the 2000 Act, and for that purpose shall treat the shadow authority for Cheshire East or, as the case may be, the shadow authority for Cheshire West and Chester, as if—

(a)it were a district council, and

(b)its executive were a leader and cabinet executive within the meaning of section 11(3) of the 2000 Act as originally enacted(2).

Functions of joint committees relevant to codes of conduct

20.—(1) It shall be a function of the Cheshire East Joint Committee to formulate proposals for the code of conduct to be adopted by the shadow authority for Cheshire East in accordance with article 7(1)(b) and to present those proposals at the first meeting of the shadow authority.

(2) It shall be a function of the Cheshire West and Chester Joint Committee to formulate proposals for the code of conduct to be adopted by the shadow authority for Cheshire West and Chester in accordance with article 7(1)(b) and to present those proposals at the first meeting of the shadow authority.

(3) In formulating proposals under paragraph (1) or (2) the Joint Committees shall comply with section 51 of the 2000 Act (as applied to each shadow authority as mentioned in article 7(5)) and, in particular, shall secure that the proposals are consistent with the requirements of subsection (4) of that section.

Implementation Teams

21.—(1) Not later than 21 days after the coming into force of this Order, the Cheshire East Joint Committee and the Cheshire West and Chester Joint Committee shall each form a team of officers (“the Implementation Team”) for the purposes of assisting—

(a)the relevant Joint Committee in the discharge of their functions under this Part; and

(b)if, after the dissolution of the relevant Joint Committee, the relevant shadow authority so requires, that shadow authority.

(2) The members of the Implementation Team shall comprise officers from both the County Council and, as appropriate, each of the East Cheshire councils or each of the West Cheshire councils.

(3) The leader of the Implementation Team for Cheshire East shall be an officer of Macclesfield Borough Council and the leader of the Implementation Team for Cheshire West and Chester shall be an officer of Vale Royal Borough Council.

(4) It shall be the duty of the County Council and, as regards the relevant Joint Committee, each of the East Cheshire councils or each of the West Cheshire councils—

(a)to co-operate in the formation of the Implementation Team, and

(b)to release the officers concerned from their normal duties at such times or for such periods as the relevant Joint Committee or the relevant shadow authority may reasonably require.

(5) In this article—

“the relevant Joint Committee” means—

(a)

as regards the East Cheshire councils, the Cheshire East Joint Committee;

(b)

as regards the West Cheshire councils, the Cheshire West and Chester Joint Committee;

“the relevant shadow authority” means—

(a)

as regards the East Cheshire councils, the shadow authority for Cheshire East; and

(b)

as regards the West Cheshire councils, the shadow authority for Cheshire West and Chester.

General transitional duties of the County Council, the East Cheshire councils and the West Cheshire councils

22.—(1) It shall be the duty of the County Council, each of the East Cheshire councils and each of the West Cheshire councils—

(a)to consult and co-operate with one another and with the shadow authorities in order to secure the economic, effective, efficient and timely transfer of the County Council’s and those councils’ functions, property, rights and liabilities; and

(b)generally, to exercise their functions so as to further the purposes of this Order.

(2) Without prejudice to the generality of paragraph (1), the County Council, each of the East Cheshire councils and each of the West Cheshire councils shall provide such information relating to its functions as any other of those councils or a shadow authority may reasonably request for the purpose of giving effect to this Order.

(3) Any person authorised in that behalf by the body making the request shall be entitled, at all reasonable times, on producing evidence of his authority (if so required by the council or shadow authority from which the information is sought)—

(a)to inspect any record belonging to or under the control of the council or shadow authority providing the information and relating to that council or authority or its functions; and

(b)to take, or be supplied with, a copy of any such record or part of it.

(4) The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.

(1)

The guidance was published by the Department for Communities and Local Government. Copies of the guidance may be obtained from Communities and Local Government Publications, PO Box 236, Wetherby, West Yorkshire, LS23 7NB, quoting Product Code 06 LGSRU 04198 (Tel: 08701 226 236; Email: communities@twoten.com or online at www.communities.gov.uk).

(2)

2000 c.22. Section 11 was amended by section 62 of the Local Government and Public Involvement in Health Act 2007 (c.28). Subsection (3) of that section, as originally enacted, defines a leader and cabinet executive.

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