SCHEDULE
Article 2
THE DEVON AND SOMERSET FIRE AND RESCUE AUTHORITY COMBINATION SCHEME
PART 1
COMMENCEMENT AND INTERPRETATION
1. Commencement
This scheme shall come into force—
(a) for the purposes of constituting an authority as the fire and rescue 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 2007, on the day on which article 2 of the Devon and Somerset Fire and Rescue Authority (Combination Scheme) Order 2006 comes into force, and
(b) for all other purposes, on 1st April 2007.
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 and rescue authority constituted for the combined area by virtue of paragraph 4;
“the combined area” means the area comprising the areas referred to in paragraph 3;
“constituent authority” means Devon County Council, Plymouth City Council and Torbay Borough Council and Somerset County Council4.
PART 2
GENERAL
3. The combined area
The areas of the Devon Fire Authority and Somerset County Council become the combined area of the Authority.
4. The combined fire and rescue authority
(1) There shall be constituted, for the purposes of discharging fire and rescue authority functions for the combined area, a body corporate to be known as the Devon and Somerset Fire and Rescue Authority.
(2) The Authority shall be constituted in accordance with the provisions of Part 3 of the Scheme.
(3) The Authority shall appoint a Chief Fire Officer.
5. Financial provisions etc.
(1) The Authority shall appoint a Treasurer.
(2) The Authority shall have the power to pay compensation to persons employed by Somerset County Council and the Devon Fire Authority who in consequence of this scheme, or anything done under it, suffer direct pecuniary loss by reason of the determination of their appointments or diminution of their emoluments.
PART 3
COMPOSITION AND PROCEEDINGS OF THE COMBINED FIRE AND RESCUE AUTHORITY
6.—(1) Subject to sub-paragraph (2), the Authority shall consist of not more than 25 members.
(2) Where the minimum number of members of the Authority resulting from the operation of paragraph 7 would be greater than 25, the Authority shall consist of that number of members.
(3) Each member of the Authority shall be appointed by a constituent authority from its own members in accordance with this Part.
7. Each constituent authority shall, so far as it practicable, appoint such number of persons 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.
8. A member of the Authority shall come into office on the date of his appointment and shall, subject to paragraphs 9 to 11, hold office for such period or periods as shall be determined by the constituent authority which appoints him.
9. 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.
10.—(1) A member of the Authority who ceases to be a member of the constituent authority 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 chairperson or vice-chairperson), 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.
11.—(1) Subject to sub-paragraphs (3) and (4), 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 constituent authority which appointed him shall appoint a one of its members to replace him.
(2) A member so appointed shall—
(a)
(a) come into office on the date of his appointment and,
(b)
(b) unless he resigns, becomes disqualified or otherwise ceases to be a member of the Authority, 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.
(3) If a member of the Authority resigns, becomes disqualified or otherwise ceases to be a member of the Authority within six months before the end of his period of office, the constituent authority which appointed him shall not be required to appoint a member to replace him for the remainder of such period unless sub-paragraph (4) applies.
(4) This sub-paragraph applies where, on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the Authority exceeds one third of the number of members of the Authority referred to in paragraph 6.
12.—(1) The Authority shall elect a chairperson, and may elect a...
