The Strathclyde Passenger Transport Authority (Constitution, Membership and Transitional and Consequential Provisions) Order 1995
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TRANSPORT The Strathclyde Passenger Transport Authority (Constitution, Membership and Transitional and Consequential Provisions) Order 1995
1.—(1) This Order may be cited as the Strathclyde Passenger Transport Authority (Constitution, Membership and Transitional and Consequential Provisions) Order 1995. (2) This Order shall come into force—
2.—(1) In this Order—
(2) Except where the context otherwise requires—
3. The Authority shall be a body corporate with perpetual succession and a common seal.
4.—(1) The Authority shall consist of 34 members appointed respectively from the membership of each council in accordance with paragraph (2). (2) Each council specified in column 1 of Schedule 1 shall appoint as a member or members of the Authority the number of persons specified in relation to that council in column 2 of that Schedule. (3) In the event of a member of the Authority being appointed on behalf of a council by the Secretary of State in accordance with paragraph 6 of Part I of Schedule 5 to the 1994 Act that member shall come into office on the date specified in that appointment. (4) A council may at any time terminate the appointment of any person appointed by them as a member of the Authority.
5.—(1) The members of the Authority appointed in accordance with article 4 shall hold office subject to the provisions of this Order. (2) Following the first appointment of members in accordance with paragraph 2 of Schedule 3 the members of the Authority shall be appointed by each council in accordance with Schedule 1 at the first meeting of that council after the second ordinary election of councillors in 1999 and at the first meeting of that council after each succeeding three yearly ordinary election of councillors. (3) The maximum period of appointment of members of the Authority shall be three years but any member shall be eligible for appointment for further periods of three years beginning on or after the expiry of the then current period of appointment.
6.—(1) Subject to the provisions of this Order every vacancy, other than a casual vacancy, arising in respect of the membership of the Authority shall be filled by the appointment on or before the date the vacancy will occur, of a person to fill that vacancy. (2) The appointment of a person in accordance with paragraph (1) shall be made by the council who appointed the person in respect of whom the vacancy occurs. (3) A member of the Authority may resign his membership at any time by giving written intimation to the secretary of the Authority. (4) A member resigning in accordance with paragraph (3) shall cease to be a member of the Authority on the date on which his resignation is intimated to the secretary. (5) A member of the Authority who becomes disqualified for membership shall vacate office immediately upon becoming so disqualified. (6) A member of the Authority shall be required to vacate office as such a member if throughout a period of six consecutive months that member has failed to attend any meeting of the Authority unless that failure was due to illness or for some other reason approved before or during that period by the Authority, but attendance at a meeting of any committee or sub-committee of the Authority shall be regarded as attendance at a meeting of the Authority for the purposes of this paragraph. (7) When a casual vacancy occurs for whatever reason the secretary of the Authority shall notify that vacancy forthwith to the council responsible for appointing a member to fill the vacancy and that council shall as soon as reasonably practicable take such steps as are necessary to make that appointment. (8) A person appointed under paragraph (7) to fill a casual vacancy shall hold office only for so long as the vacating member would have held office. (9) Where the unexpired portion of any period of membership resulting in a casual vacancy is less than four months the council mentioned in paragraph (7) need not, but may if they so wish, make an appointment under that paragraph.
7.—(1) Each council responsible for making an appointment of a member of the Authority may appoint a person to act as a deputy for any member appointed by that council to attend and vote at any meeting of the Authority or any committee of the Authority from which that member is absent. (2) The power of a council to appoint a deputy under paragraph (1) may be exercised at the time of appointment of the member or at any time while that member holds office. (3) A deputy appointed under paragraph (1) may not be appointed as a deputy for any other member of the Authority during the currency of the original appointment. (4) The provisions of this Order and of the Transport Act 1968[4] relating to members of the Authority shall apply also to a deputy appointed under paragraph (1) except that the appointment of a deputy may be for such period as may be specified in the appointment. (5) A person shall cease to be entitled to act as a deputy if—
8.—(1) As soon as practicable after each appointment or termination of appointment of a member of the Authority the council responsible for that appointment or termination shall give written notice to the secretary of the Authority of the name, address and designation of the person appointed or whose appointment has been terminated, as the case may be. (2) Where an appointment of a member is made on behalf of a council by the Secretary of State in accordance with paragraph 6 of Part I of Schedule 5 to the 1994 Act, paragraph (1) shall apply to such an appointment as if the reference to the council responsible for the appointment were a reference to the Secretary of State.
9. The provisions contained in Schedule 2 shall have effect in relation to the proceedings of the Authority.
10.—(1) The Authority shall appoint a secretary and may appoint such other officers and staff as the Authority considers necessary. (2) There may be paid from time to time to the officers and staff appointed under paragraph (1) such allowances and remuneration as the Authority considers reasonable.
11.—(1) The Authority may appoint committees for the better management and regulation of the functions of the Authority and except as provided by paragraph (2) any such committee shall consist wholly of members of the Authority. (2) Where a committee is appointed by the Authority for the exercise of functions which are advisory only the committee may consist wholly or partly of persons who are not members of the Authority. (3) Where the proceedings of the Authority take place within a committee appointed under this article the Authority may make rules with respect to the meetings and proceedings of that committee, but subject to any such rules the committee may regulate its own procedure.
12.—(1) The Authority may delegate to any committee or to the chairman of the Authority the exercise of any of its functions except the power to give any such approval as is mentioned in section 15(2) of the Transport Act 1968[5] or any guarantee mentioned in section 13A of that Act[6]. (2) Any delegation by the Authority under paragraph (1) may be made subject to such restrictions or conditions as the Authority think fit.
13. Sections 45(4) (in so far as saved from repeal) and 46 to 50 of the 1973 Act[7] shall apply with the necessary modifications to the Authority as if it were a local authority for the purpose of regulating the allowances which members of the Authority are to be entitled to be paid or which they may be paid to enable them to perform any approved duty as defined in section 49(2) of the 1973 Act as applied.
14.—(1) Subject to paragraphs (2) to (4) the following provisions of the 1973 Act shall apply to the Authority and any committee as they apply to a local authority:—
(2) In the application of section 31 the exclusion of the office of convener or depute convener in subsection (1)(a) of that section shall be construed as an exclusion of the office of chairman or vice chairman of the Authority. (3) In the application of sections 38 to 42 and section 60 references to a proper officer shall be construed as references to the secretary of the Authority. (4) In the application of section 195 references to the area of the local authority shall be construed as references to the designated area.
15. The Strathclyde Passenger Transport Executive shall provide such accommodation as the Authority may require to enable it or any of its officers or staff to exercise any of its or their functions.
16.—(1) During any period until the Authority appoints a secretary and such other officers as may be required in accordance with article 10(1) those functions shall be discharged by such officers of such councils as the Authority may decide. (2) Where functions are for the time being discharged in terms of paragraph (1) references in this Order to the secretary or officers of the Authority shall be construed as references to the officers discharging those functions for the time being.
17. Where any document purports to be a document issued by the Authority and to be subscribed in accordance with the Requirements of Writing (Scotland) Act 1995[10], that document shall be received in evidence and shall be sufficient evidence of the facts stated in that document.
18. The validity of anything done by the Authority or any of its committees shall not be affected by any vacancy in the membership of the Authority or such committee or by any defect in the appointment or the qualification for appointment of the chairman or any member of the Authority or of any such committee.
19. For the purpose of enabling the Authority to act with full effect on 1st April 1996 Schedule 3 shall have effect.
20. The Strathclyde Concessionary Travel Scheme established by Strathclyde Regional Council under section 93 of the Transport Act 1985[11] shall be deemed to have been established under that section by the Authority and by the councils listed in Schedule 1.
Notes: [2] 1973 c. 65; relevant amendments are noted elsewhere. back [5] Relevant amendments were made by paragraph 7(b) of Schedule 18 to the Local Government (Scotland) Act 1973 (c. 65) and by paragraph 10(1)(b) and (3) of Schedule 3, paragraph 8 of Schedule 7 and Schedule 8 to the Transport Act 1985 (c. 67). back [6] Section 13A was inserted by section 163 of the Local Government etc. (Scotland) Act 1994 (c. 39). back [7] 1973 c. 65; relevant amendments were made as follows:- section 45 was repealed by Schedule 12, Part II to the Local Government and Housing Act 1989 (c. 42) subject to savings—those savings from repeal are specified in the Schedule to S.I. 1991/344, section 46(2) was repealed by Part XVI of Schedule 34 to the Local Government, Planning and Land Act 1980 (c. 65), section 47 was amended by paragraph 34 of Schedule 11 to the Local Government and Housing Act 1989, section 49 was amended by paragraph 46 of Schedule 6 and by Schedule 7 to the Local Government (Scotland) Act 1975 (c. 30), section 60(2) of the Local Government and Planning (Scotland) Act 1982 (c. 43) and paragraph 35 of Schedule 11 to the Local Government and Housing Act 1989 (c. 42). back [8] 1973 (c. 65); section 31 was amended by paragraph 13 of Schedule 3 to the Local Government and Planning (Scotland) Act 1982 (c. 43), paragraph 15(b) of Schedule 8 to the Representation of the People Act 1983 (c. 2), paragraph 12 of Schedule 7 to the Bankruptcy (Scotland) Act 1985 (c. 66), section 1(4) of and Part II of Schedule 12 to the Local Government and Housing Act 1989 (c. 42), and with effect from 1st April 1996 by paragraph 92(8) of Schedule 13 and Schedule 14 to the Local Government etc. (Scotland) Act 1994 (c. 39). back [9] 1973 c. 65; relevant amendments were made as follows:- section 38 was amended by paragraph 14 of Schedule 3 to the Local Government and Planning (Scotland) Act 1982, paragraph 33 of Schedule 11 to the Local Government and Housing Act 1989, and, with effect from 1st April 1996, by paragraph 92(9) of Schedule 13 to the Local Government etc. (Scotland Act 1994, section 41 was amended by paragraph 23 of Schedule 6 to the Local Government and Housing Act 1989 and by paragraph 35 of Schedule 13 to the Local Government Finance Act 1992 (c. 14), and section 42 was amended by paragraph 9 of Schedule 16 to the Financial Services Act 1986 (c. 60). back [11] 1985 c. 67; section 93 was amended with effect from 1st April 1996 by paragraph 141 of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39). back |
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