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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Regional Transport Partnerships (Establishment, Constitution and Membership) (Scotland) Order 2005 No. 622 URL: http://www.bailii.org/scot/legis/num_reg/2005/20050622.html |
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| Made | 30th November 2005 | ||
| Coming into force in accordance with article 1 |
| 1. | Citation and commencement |
| 2. | Interpretation |
| 3. | Establishment of regional Transport Partnerships |
| 4. | Constitution and membership of Partnerships |
| SCHEDULE 1 — | REGIONAL TRANSPORT PARTNERSHIPS |
| SCHEDULE 2 — | CONSTITUTION AND MEMBERSHIP OF PARTNERSHIPS |
| 1. | Appointment of members |
| 2. | Duration and termination of membership |
| 3. | Voting arrangements of Partnerships |
| 4. | Chairpersons and Deputy Chairpersons |
| 5. | Secretary of Partnership |
| 6. | Meetings and quorum |
| 7. | Committees and Sub committees |
| 8. | Expenses of members and observers |
Establishment of regional Transport Partnerships
3.
—(1) For the purposes of Part 1 of the 2005 Act, Scotland shall be divided into regions in accordance with paragraph (2) below.
(2) Each region shall comprise of the areas of those constituent councils, or parts thereof, as specified in column 2 of Schedule 1 to this Order, subject to any qualifications contained in that column.
(3) For each region there shall, with effect from the day after the day on which this Order is made, be established a body corporate to be known as the Transport Partnership with the addition of the name given to that region by the corresponding entry in column 1 of Schedule 1 to this Order.
(4) Once established a Partnership may decide to change the name given to their region and if they so decide the Partnership shall notify the Scottish Ministers and its constituent councils of the change of name of the region.
Constitution and membership of Partnerships
4.
Schedule 2 to this Order (which makes provision as to the constitution and membership of each partnership) shall have effect.
TAVISH SCOTT
A member of the Scottish Executive
St Andrew's House, Edinburgh
30th November 2005
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| Name of Region | Constituent councils or council | Number of councillor members to be appointed by each constituent council | Weighting to be applied to the votes cast by each councillor member | Range or number of other members in the Transport Partnership |
| West of Scotland | Argyll and Bute Council (Helensburgh and Lomond only[2]) | 1 | 1 | 7–9 |
| East Ayrshire Council | 1 | 1 | ||
| East Dunbartonshire Council | 1 | 1 | ||
| East Renfrewshire Council | 1 | 1 | ||
| Glasgow City Council | 5 | 1 | ||
| Inverclyde Council | 1 | 1 | ||
| North Ayrshire Council | 1 | 1 | ||
| North Lanarkshire Council | 3 | 1 | ||
| Renfrewshire Council | 1 | 1 | ||
| South Ayrshire Council | 1 | 1 | ||
| South Lanarkshire Council | 3 | 1 | ||
| West Dunbartonshire Council | 1 | 1 | ||
| South-West of Scotland | Dumfries and Galloway Council | 5 | 1 | 2 |
| South East of Scotland | City of Edinburgh Council | 5 | 2 | 7–9 |
| Clackmannanshire Council | 2 | 1 | ||
| East Lothian Council | 2 | 1 | ||
| Falkirk Council | 2 | 2 | ||
| Fife Council | 3 | 2 | ||
| Midlothian Council | 2 | 1 | ||
| Scottish Borders Council | 2 | 1 | ||
| West Lothian Council | 2 | 2 | ||
| Central and Tay | Angus Council | 2 | 1 | 4–5 |
| Dundee City Council | 3 | 1 | ||
| Perth and Kinross Council | 3 | 1 | ||
| Stirling Council | 2 | 1 | ||
| North East of Scotland | Aberdeen City Council | 4 | 1 | 3–4 |
| Aberdeenshire Council | 4 | 1 | ||
| Highlands and Islands | Argyll and Bute Council (except Helensburgh and Lomond) | 1 | 1 | 2–3 |
| Comhairle nan Eilean Siar | 1 | 1 | ||
| Highland Council | 1 | 3 | ||
| Moray Council | 1 | 2 | ||
| Orkney Islands Council | 1 | 1 | ||
| Shetland | Shetland Islands Council | 4 | 1 | 2 |
(9) The first appointment of councillor members of a Partnership established under this Order shall be made by each constituent council as soon as is practicable after the coming into force of this Order and at the latest by a month after the coming into force of this Order.
(10) As soon as possible after making the first appointment of councillor members each constituent council of a Partnership shall intimate in writing to the person specified for that Partnership in paragraph 6(2) below, the names of those persons appointed.
(11) Each constituent council may appoint persons as substitute councillor members to attend meetings of a Partnership, or of any of its committees or sub committees, in the absence of any councillor members appointed to the Partnership by that council, and where any such substitute councillor members are appointed–
(12) Any person appointed as a councillor member, or substitute councillor member, of a Partnership must be a councillor for the area of the constituent council making the appointment.
(13) A constituent council shall intimate in writing to the secretary of the Partnership–
(14) The proceedings of a Partnership shall not be invalidated by any vacancy or vacancies among its members or by any defects in the method of appointment of any of its members.
Duration and termination of membership
2.
—(1) Subject to sub paragraphs (2) to (6) below, any person appointed by a constituent council as a councillor member of a Partnership shall hold office until the first meeting of that council held after the next ordinary election following the date of that member's appointment.
(2) If, prior to the next ordinary election following the date of the member's appointment, a councillor member of a Partnership ceases to be a councillor for the area of the constituent council which appointed the member, the member shall immediately cease to be a member of the Partnership.
(3) A councillor member of a Partnership may resign their membership at any time by written intimation to that effect to–
(4) A constituent council may at any time terminate the membership of any person appointed by them as a councillor member of a Partnership if, immediately prior to this, the constituent council provides an explanation for the termination by written intimation to the secretary of the Partnership, the Chairperson of the Partnership and that councillor member.
(5) The Chairperson of a Partnership, following a vote to that effect by the Partnership, may write to a constituent council and request that the council terminates the membership of a councillor member.
(6) Where the Chairperson of a Partnership writes to a constituent council in terms of sub paragraph (5) above, such a request shall not be refused unreasonably by the constituent council.
(7) Subject to sub paragraphs (8) to (9) below, other members and observers appointed by a Partnership, or the Scottish Ministers as the case may be, shall hold office for a period of 4 years following the date of their appointment unless otherwise specified at the time of their appointment.
(8) Other members of a Partnership and observers may resign their membership at any time by written intimation to that effect to the secretary of the Partnership.
(9) A Partnership may remove other members from office or observers if it is satisfied that–
Voting arrangements of Partnerships
3.
—(1) Where any decision of a Partnership is to be determined by a vote, each councillor member of the Partnership has a single vote and may vote on all matters.
(2) Other members of a Partnership may vote only on such matters as the Partnership determines are appropriate (but not on a question arising under section 3(2)(a) of the 2005 Act or on whether or not to make a request for the making of an order under section 10(1) of that Act).
(3) Subject to sub paragraphs (4) and (5) below, where any decision of a Partnership is to be determined by a vote, it shall be determined by a simple majority of the votes cast.
(4) Each councillor member of each constituent council within a Partnership shall have their vote weighted by making it count as one, two, three or four votes as specified in column 4 of Schedule 1 to this Order.
(5) A Partnership may determine by a two-thirds majority of the votes cast, subject to sub paragraph (4) above, to amend its standing orders to require that certain specified decisions be determined by a two thirds majority of the votes cast.
Chairpersons and Deputy Chairpersons
4.
—(1) Each Partnership shall appoint from its membership a Chairperson and such number of Deputy Chairpersons as they consider appropriate.
(2) Subject to sub paragraph (3) below, the Chairperson and Deputy Chairpersons of a Partnership shall each hold office for a period to be determined by the Partnership not exceeding two full council terms.
(3) If, prior to the end of their period of appointment, a Chairperson or Deputy Chairperson of a Partnership ceases to be a member of the Partnership, they shall immediately cease to hold office.
(4) The Chairperson, or in the Chairperson's absence a Deputy Chairperson, shall preside at all meetings of a Partnership, but where both the Chairperson and all Deputy Chairpersons are absent from any meeting the members present shall appoint a Chairperson for that meeting.
(5) In the event of an equality of votes at a meeting, the Chairperson of that meeting shall, subject to sub paragraph (6) below, have a casting vote as well as a deliberative vote.
(6) Where there is an equality of votes at a meeting and the matter which is the subject of the vote relates to the appointment of a member of the Partnership to any particular office, committee or sub committee of the Partnership, the decision shall be by lot.
Secretary of Partnership
5.
Each Partnership shall appoint a secretary who may also be an officer of one of its constituent councils.
Meetings and quorum
6.
—(1) The first meeting of each Partnership shall be held as soon as is practicable after the Partnership is established, and the persons specified in sub paragraph (2) below shall be responsible for convening that meeting.
(2) For the purposes of sub-paragraph (1), the specified persons for each Partnership are–
(3) Subject to sub paragraph (1) above, each Partnership shall hold such meetings as it shall consider necessary for it to carry out its functions at such place or places as it may from time to time fix.
(4) The secretary of a Partnership shall send copies of the minutes of all its meetings to each of its constituent councils for their information.
(5) A Partnership shall make or adopt standing orders regulating the procedures and business of–
(6) At a meeting of a Partnership a quarter of all members of that Partnership is a quorum provided that a Partnership may specify a greater number in its standing orders.
Committees and Sub committees
7.
—(1) A Partnership may appoint from its membership such committees or sub committees as it may from time to time consider necessary or desirable and may refer to any such committee or sub committee such matters as the Partnership may from time to time specify.
(2) A Partnership may delegate any of its functions to any committee established by the Partnership.
Expenses of members and observers
8.
A Partnership may pay to its members and persons appointed, as respects the Partnership, as observers such expenses as the Partnership determines.
This Order provides for Transport Partnerships to be established in pursuance of section 1(1) of the 2005 Act.
Schedule 1 specifies the names of the regions, the constituent councils of each Partnership and their initial composition.
Schedule 2 makes provision as to the constitution and membership of each Partnership.
Paragraph 1 provides for the appointment of members to the Partnerships and paragraph 2 makes provision for the duration and termination of membership.
Paragraph 3 specifies the voting arrangements for the Partnerships.
Paragraph 4 provides for the appointment of Chairpersons and Deputy Chairpersons and paragraph 5 provides for the appointment of a secretary.
Paragraph 6 makes provision as to the meetings of the Partnerships, standing orders and quorum.
Paragraph 7 allows the Partnerships to set up committees and sub-committees and to delegate functions to committees.
Paragraph 8 allows the Partnerships to pay expenses to their members and to observers.
[2] These areas correspond to electoral wards 27 to 36 in the area of Argyll and Bute Council as constituted in the Schedule to the Argyll and Bute (Electoral Arrangements) Order 1998 (S.I. 1998/3244).back
