THIS AGREEMENT is made the BETWEEN (1) THE COUNCIL OF THE BOROUGH OF DARLINGTON (2) THE COUNTY COUNCIL OF DURHAM (3) THE COUNCIL OF THE BOROUGH OF GATESHEAD (4) THE COUNCIL OF THE BOROUGH OF HARTLEPOOL (5) THE COUNCIL OF THE BOROUGH OF MIDDLESBROUGH (6) THE COUNCIL OF THE CITY OF NEWCASTLE UPON TYNE (7) THE COUNCIL OF THE BOROUGH OF NORTH TYNESIDE (8) THE COUNTY COUNCIL OF NORTHUMBERLAND (9) THE COUNCIL OF THE BOROUGH OF REDCAR AND CLEVELAND (10) THE COUNCIL OF THE BOROUGH OF SOUTH TYNESIDE (11) THE COUNCIL OF THE BOROUGH OF STOCKTON-ON-TEES (12) THE COUNCIL OF THE CITY OF SUNDERLAND WHEREAS:- (1) In this Agreement save where the context otherwise requires the following expressions shall have the following respective meanings "the Constituent Authorities" the parties to this Agreement "the Councils" the councils listed in the First Schedule hereto "the Joint Committee" the joint committee constituted by Clause 3 of this Agreement "the Museum" the museum known as Beamish - The North of England Open Air Museum, the subject of this Agreement "the Plan" the plan annexed to this Agreement "Financial Year" the period from 1st April in any year to 31st March in the following year "the Permanent Collection" the items entered in the Museum's accessions register (2) The Museum was established at Beamish in the County of Durham between 1968 and 1970 by the Councils under Section 12 of the Public Libraries and Museums Act 1964. (3) The premises comprising the Museum are owned by the County Council of Durham for an estate in fee simple. (4) By an Agreement for a Lease dated 10th August 1972 the County Council of the Administrative County of Durham agreed to lease to the Councils the premises comprising the Museum. (5) By a Lease dated 25th May 2001 the County Council of Durham leased to the Council of the City of Sunderland as nominee for and on behalf of the Joint Committee the premises shown edged red on the Plan for a term of fifty years. (6) The premises shown edged blue on the Plan have been acquired by the Joint Committee for the purposes of the Museum and are held by the County Council of Durham on a bare trust for the Joint Committee. (7) The Museum was administered by a joint committee constituted by an Agreement made between the Councils dated 24th June 1970 to which the Mayor Aldermen and Burgesses of the County Borough of Sunderland acceded by a supplemental Agreement dated 15th February 1974. (8) The Councils and the Mayor Aldermen and Burgesses of the County Borough of Sunderland ceased to exist on 1st April 1974 by virtue of section 1(10) of the Local Government Act 1972. (9) By article 9 (6) of the Local Authorities etc. (Miscellaneous Provisions) Order 1976 made under the Local Government Act 1972 the Museum was transferred to the County Council of Durham to be held for the joint use and benefit of the County Council of Cleveland, the County Council of Durham, the County Council of Northumberland and the County Council of Tyne and Wear. (10) The Museum was administered by a joint committee constituted by an Agreement dated 31st December 1979 and made between the County Council of Cleveland the County Council of Durham the County Council of Northumberland and the County Council of Tyne and Wear. (11) By section 1 of the Local Government Act 1985 the County Council of Tyne and Wear ceased to exist on 1st April 1986. (12) By section 62 of the Local Government Act 1985 the rights and liabilities of the County Council of Tyne and Wear in respect of the Museum were on 1st April 1986 vested in the Tyne and Wear Residuary Body. (13) By article 6(1) of the Tyne and Wear Residuary Body (Winding Up) Order 1988 made under the Local Government Act 1985 the rights and liabilities of the Tyne and Wear Residuary Body in respect of the Museum were on 1st October 1988 vested in the Council of the Borough of South Tyneside for the benefit of the Council of the Borough of Gateshead, the Council of the City of Newcastle, the Council of the Borough of North Tyneside, the Council of the Borough of South Tyneside and the Council of the Borough of Sunderland (now the Council of the City of Sunderland). (14) By article 3 of the Cleveland (Structural Change) Order 1995 the functions of the County Council of Cleveland were on 1st April 1996 transferred to the Council of the Borough of Hartlepool, the Council of the Borough of Middlesbrough, the Council of the Borough of Redcar and Cleveland and the Council of the Borough of Stockton-on-Tees. (15) By article 3 of the Durham (Borough of Darlington) (Structural Change) Order 1995 the functions of the County Council of Durham in relation to Darlington were on 1 April 1997 transferred to the Council of the Borough of Darlington. (16) The Museum was administered by a joint committee constituted by an Agreement dated 11th November 1999 and made between the Constituent Authorities. The last mentioned Agreement expired on 31st March 2001 but the Constituent Authorities agreed that its provisions should continue in force until a new agreement was executed. (17) By virtue of Section 12 of the Public Libraries and Museums Act 1964 the Constituent Authorities may provide and maintain museums within their administrative area or elsewhere in England and Wales and may do all such things as may be necessary or expedient for or in connection with the provision or maintenance thereof. (18) By virtue of Section 101 of the Local Government Act 1972 the Constituent Authorities may arrange for the discharge of any of their functions (except the power of levying or issuing a precept for a rate or of borrowing money) by a joint committee thereof and by Section 103 of the Local Government Act 1972 the expenses incurred by such a joint committee shall be defrayed by the Constituent Authorities in such proportions as they may agree. (19) The Constituent Authorities have resolved to continue to exercise their powers hereinbefore recited to provide and maintain an open air museum for the purpose of studying collecting preserving interpreting and exhibiting to the public buildings machinery objects and information illustrating the development of industry and agriculture and way of life in the north of England. NOW THIS DEED WITNESSETH AND IT IS HEREBY AGREED AND DECLARED as follows:- 1. THE Museum shall be known as ‘Beamish - The North of England Open Air Museum’. 2. THE Objects of the Museum shall be studying collecting preserving interpreting and exhibiting to the public buildings machinery objects and information illustrating the development of industry and agriculture and way of life in the north of England. 3. A joint committee of local authorities under sections 101 and 102 of the Local Government Act 1972 is hereby constituted of thirty-four members appointed by the Constituent Authorities in proportion to their respective revenue contributions to the Museum and it is hereby agreed that the representation of the Constituent Authorities shall with effect from the Annual Meeting of the Joint Committee in July in each Financial Year vary according to their respective revenue contributions as notified for that Financial Year in accordance with Clause 18(b). 4. THE Joint Committee shall be known as ‘The Joint Committee for the North of England Open Air Museum’ or ‘The Beamish Joint Committee’. 5. MEMBERS of the Joint Committee appointed by the Constituent Authorities must be members of the respective Constituent Authorities and any member of the Joint Committee who ceases so to be shall thereupon cease to be a member of the Joint Committee provided that a member of the Joint Committee shall not be deemed to have ceased to be a member of such one of the Constituent Authorities by which he was appointed if on or before the day on which he vacated office he has been re-elected a member of the same. 6. THE Constituent Authorities may nominate substitutes for their respective members and such substitutes may attend and vote at any meeting of the Joint Committee in place of an equivalent number of original members who are unable to attend or in respect of whom a casual vacancy exists provided that such substitutes shall be subject to the provisions of clause 5 hereof. 7. SHOULD any vacancy arise amongst the members appointed by one of the Constituent Authorities then such one of the Constituent Authorities shall appoint a member to fill the vacancy and in the intervening period before such appointment is made the remaining members shall nonetheless constitute the Joint Committee and shall have full power to conduct the business of the Joint Committee. 8. THE Joint Committee shall have power to co-opt members so however that the number of such co-opted members shall not exceed one third of the members appointed by the Constituent Authorities. 9. MEMBERS of the Joint Committee shall be appointed for a term of office of one year such term to commence with the Annual Meeting of the Joint Committee and to expire immediately before the Annual Meeting next following provided that a member (if still qualified in accordance with clause 5 hereof) shall continue in office until a successor has been appointed. 10. THE Joint Committee shall, either themselves or through their subsidiary companies, administer maintain and develop the Museum for the purposes set out in clause 2 hereof and may do all such things as they consider necessary or proper to facilitate such purposes and the Constituent Authorities hereby delegate to the Joint Committee their powers under Section 12 of the Public Libraries and Museums Act 1964 so far as they relate to the Museum.