1. This Order may be cited as the Cheshire (Structural Changes) Order 2008 and shall come into force on the day after that on which this Order is made.
2. In this Order—
“the 2007 Act” means the Local Government and Public Involvement in Health Act 2007;
“the 2000 Act” means the Local Government Act 2000(2);
“the 1972 Act” means the Local Government Act 1972(3);
“2008 election” means an election required by article 13(1) to be held in 2008;
“the 2008 election day” means the ordinary day of election of councillors(4) in 2008;
“article 16 functions” means—
in relation to the County Council, the functions referred to in article 16(1) and (2);
in relation to each of the East Cheshire councils, the function referred to in article 16(3); and
in relation to each of the West Cheshire councils, the function referred to in article 16(4);
“Cheshire”, unless immediately preceded or followed by “East” or “West”, means the non-metropolitan county of Cheshire as constituted immediately before 1st April 2009;
“Cheshire East”, except in references to the county of Cheshire East, means the district constituted by article 3;
“the Cheshire East Council” means the council constituted by article 3(2);
“the Cheshire East Joint Committee” means the committee established (whether before or after the coming into force of this Order) as mentioned in article 17(1)(a);
“Cheshire West and Chester”, except in references to the county of Cheshire West and Chester, means the district constituted by article 4;
“the Cheshire West and Chester Council” means the council constituted by article 4(2);
“the Cheshire West and Chester Joint Committee” means the committee established (whether before or after the coming into force of this Order) as mentioned in article 17(1)(b);
“the County Council” means Cheshire County Council;
“the East Cheshire councils” means Congleton Borough Council, Crewe and Nantwich Borough Council and Macclesfield Borough Council;
“the East Cheshire districts” means the boroughs of Congleton, Crewe and Nantwich, and Macclesfield;
“electoral division” means a division created by article 2 of the County of Cheshire (Electoral Changes) Order 2000(5);
“the proper officer”, in relation to any purpose and any council, means the officer appointed for that purpose by that council;
“shadow authority” means an authority (not being a local authority) which will become a local authority on 1st April 2009;
“shadow executive” has the meaning given by article 7(2);
“the shadow period” means the period beginning with the fourth day after the 2008 election day and ending immediately before 1st April 2009;
“the West Cheshire councils” means Chester City Council, Ellesmere Port and Neston Borough Council and Vale Royal Borough Council; and
“the West Cheshire districts” means the city of Chester and the boroughs of Ellesmere Port and Neston, and Vale Royal.
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.
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.
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.
The Cheshire (Structural Changes) Order 2008