SCHEDULE
THE DEVON FIRE SERVICES COMBINATION SCHEME
PART I
CITATION, COMMENCEMENT AND INTERPRETATION
1. Citation and commencement
This scheme may be cited as the Devon Fire Services Combination Scheme and shall come into force—
(a) for the purposes of constituting an authority as the fire authority for the combined area constituted by the scheme, and the performance by that authority of any functions necessary for bringing the scheme into full operation on 1st April 1998, on the day on which the Devon Fire Services (Combination Scheme) Order 19974comes into force, and
(b) for all other purposes, on 1st April 1998.
2. Interpretation
In this scheme any reference to a paragraph or a Part is a reference to a paragraph or a Part of this scheme, and—
“the Authority” means the fire authority constituted for the combined area by virtue of paragraph 4;
“the combined area” means the fire authority area comprising the areas referred to in paragraph 3;
“the combined fire service fund” means the combined fire service fund established by virtue of paragraph 6;
“constituent authority” means a council referred to in paragraph 3; and
“the fire brigade” means, unless otherwise indicated, the fire brigade established for the combined area by virtue of paragraph 5.
PART II
GENERAL
3. The combined area
The areas of the following councils, namely the councils of the city of Plymouth and borough of Torbay and Devon County Council shall be combined and shall become the combined area.
4. Combined Fire Authority
(1) There shall be constituted as the fire authority for the combined area an authority to be known as the Devon Fire Authority.
(2) The Authority shall be constituted in accordance with the provisions of Part III.
5. Fire brigade for combined area
(1) There shall be established a fire brigade for the combined area which shall be known as the Devon Fire and Rescue Service, or by such other name as the Authority may determine.
(2) The first chief officer of the fire brigade shall be A. R. Currie Esq.
(3) The Authority shall submit an establishment scheme for their area to the Secretary of State in accordance with section 7 of the Fire Services Act 19595.
Financial provisions etc.
6.—(1) The expenses of the Authority shall be paid out of a combined fire service fund constituted and administered in accordance with the provisions of Part IV.
(2) Contributions shall be paid into the combined fire service fund by constituent authorities in accordance with the said provisions.
7. The Authority shall appoint a treasurer of the combined fire service fund.
Officers and employees
8. The provisions of Part V shall have effect with respect to officers and employees of the Authority.
9. The Authority may appoint such other officers and employees as they think necessary for the efficient discharge of their functions.
10. The Authority may make arrangements with any constituent authority for the use by the Authority of the services of officers and employees of the constituent authority and for the making of contracts and payments on behalf of the Authority by the constituent authority.
PART III
CONSTITUTION OF COMBINED FIRE AUTHORITY
11.—(1) The Authority shall consist of not more than 25 members save that, where the minimum number of members of the Authority resulting from the operation of paragraph 12 would be greater than 25, the Authority shall consist of that number of members.
(2) Each member of the Authority shall be appointed by a constituent authority from its own members in accordance with this Part.
12. Each constituent authority shall, so far as is practicable, appoint such number of representatives to be members of the Authority as is proportionate to the number of local government electors in its area in relation to the number of such electors in each of the other constituent authorities' areas.
13. A member of the Authority shall come into office on the date of his appointment and shall, subject to paragraphs 14 to 16, hold office for such period or periods as shall be determined by the constituent authority which appoints him.
14. A member of the Authority may resign his membership by giving notice in writing to that effect to the officer of the Authority whose function it is to receive such notice.
15.—(1) A member of the Authority who ceases to be a member of the council which appointed him shall cease to be a member of the Authority.
(2) A person shall be disqualified from being a member of the Authority if he holds any paid office or employment (other than the office of chairman or vice-chairman), appointments to which are or may be made or confirmed by the Authority, by any committee or sub-committee of the Authority, or by a joint committee or board on which the Authority are represented.
16.—(1) Subject to sub-paragraph (2), if a member of the Authority resigns, becomes disqualified or otherwise ceases to be a member of the Authority before the expiry of his period of office, the council which appointed him shall appoint a representative to replace him, who shall come into office on the date of his appointment and, unless he resigns, becomes disqualified or otherwise ceases to be a member of the Authority, shall hold office for the remainder of the period for which his predecessor would have held office had he not resigned, become disqualified or otherwise ceased to be a member of the Authority.
(2) If a member of the Authority resigns, becomes disqualified or otherwise ceases to be a member of...
