The Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015

PART 3Composition and proceedings of the combined fire and rescue authority

6.—(1) The Authority shall consist of not more than 30 members.

(2) Each member of the Authority shall be appointed by a constituent authority from its own members in accordance with this Part.

7.  Members shall be appointed by the constituent authorities as follows—

8.  A member of the Authority shall come into office on the date of appointment by their constituent authority 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 the member.

9.  A member of the Authority may resign membership of the Authority by giving notice in writing to the officer of the Authority whose function it is to receive such notice, and the resignation shall take effect on the date specified in the notice or, where no date is specified, the date on which the notice is received by that officer.

10.  A member of the Authority who ceases to be a member of the constituent authority which appointed that person shall cease to be a member of the Authority.

11.  A person shall be disqualified from being a member of the Authority if that person holds any paid office or employment (other than the office of chairman or vice-chairman of the Authority), 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.

12.—(1) Subject to sub-paragraph (3), if a member of the Authority resigns, becomes disqualified or otherwise ceases to be a member of the Authority before the expiry of the period of office for which that member was appointed, the constituent authority which appointed that person shall appoint another one of its members as a replacement member.

(2) A replacement member—

(a)shall come into office on the date of appointment; and

(b)unless the replacement member person resigns, becomes disqualified or otherwise ceases to be a member of the Authority, shall hold office for the remainder of the period for which the replacement member’s predecessor would have held office had that person 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 the person’s period of office, the constituent authority which appointed that person shall not be required to appoint a replacement member 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.

13.—(1) The Authority shall elect a chairman, and may elect a vice-chairman, from among the members of the Authority.

(2) If a vice-chairman is elected, that vice-chairman must not be from the same constituent authority as the chairman.

(3) The chairman, and vice-chairman if elected, shall, subject to paragraphs 8 to 11, hold office for such period not exceeding one year as the Authority shall determine and shall remain in office until a successor becomes entitled to act as chairman or vice-chairman, as the case may be.

(4) Sub-paragraph (3) shall not prevent a person who holds or has held office as chairman or vice-chairman, as the case may be, from being elected or re-elected to either of those offices.

(5) On a casual vacancy occurring in the office of chairman or vice-chairman, the Authority shall elect from its members a person to replace the chairman, and may elect a person to replace the vice-chairman.

(6) The election of a chairman under sub-paragraph (5) shall take place not later than the next ordinary meeting of the Authority following the occurrence of the casual vacancy.

14.  The first meeting of the Authority shall be held as soon as is practicable to do so and shall be convened by the monitoring officer(1) of Dorset County Council and subsequent meetings shall be convened in such manner as the Authority shall determine.

15.  At a meeting of the Authority the quorum shall be one third of the total number of members of the Authority, or such greater number of members as the Authority may determine.

16.  The acts and proceedings of any person appointed as a member of the Authority and acting in that office shall, notwithstanding that person’s disqualification or want of qualification, be as valid and effectual as if that person had been qualified.

17.  Sections 85(1), (2) and (3), 99 (insofar as it relates to Part 6 of Schedule 12), 101 to 103, 106, 120, 121 and 123 of, and Part 6 of Schedule 12 to, the Local Government Act 1972(2) shall apply to the Authority and its members as if references in those provisions to a principal council or a local authority were references to the Authority.