The Cheshire (Structural Changes) Order 2008

PART 2ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN CHESHIRE

Single tier local government in East Cheshire

3.—(1) A new non-metropolitan county and a new non-metropolitan district, each to be known as Cheshire East, shall be constituted comprising (in each case) the area of the East Cheshire districts.

(2) A new district council, to be known as the Cheshire East Council, shall be established as the sole principal authority for the non-metropolitan district of Cheshire East.

(3) Except for the purposes of Part 4 of this Order (electoral matters), until 1st April 2009—

(a)the Cheshire East Council shall not be a local authority for the purposes of the 1972 Act or any other enactment relating to local government; and

(b)subsection (2) of section 2 of the 1972 Act (constitution of principal councils in England) shall have effect in relation to that Council as if the words from “and the council” to the end of that subsection were omitted.

(4) In relation to the county of Cheshire East, section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply.

(5) On 1st April 2009—

(a)the East Cheshire districts shall be abolished as local government areas; and

(b)the East Cheshire councils shall be wound up and dissolved.

Single tier local government in West Cheshire

4.—(1) A new non-metropolitan county and a new non-metropolitan district, each to be known as Cheshire West and Chester, shall be constituted comprising (in each case) the area of the West Cheshire districts.

(2) A new district council, to be known as the Cheshire West and Chester Council, shall be established as the sole principal authority for the non-metropolitan district of Cheshire West and Chester.

(3) Except for the purposes of Part 4 of this Order (electoral matters), until 1st April 2009—

(a)the Cheshire West and Chester Council shall not be a local authority for the purposes of the 1972 Act or any other enactment relating to local government; and

(b)subsection (2) of section 2 of the 1972 Act (constitution of principal councils in England) shall have effect in relation to that Council as if the words from “and the council” to the end of that subsection were omitted.

(4) In relation to the county of Cheshire West and Chester, section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply.

(5) On 1st April 2009—

(a)the West Cheshire districts shall be abolished as local government areas; and

(b)the West Cheshire councils shall be wound up and dissolved.

County of Cheshire, Cheshire County Council and councillors of that Council

5.—(1) On 1st April 2009—

(a)the county of Cheshire shall be abolished as a local government area; and

(b)the County Council shall be wound up and dissolved.

(2) The term of office of persons serving as councillors of the County Council immediately before 1st April 2009 shall end on that date.

(3) Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of the County Council where that vacancy arises after 30th September 2008 and before 1st April 2009.