Citation and commencement

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-

(a)on 18th December 1995 in relation to Article 19 and Schedule 3; and

(b)on 1st April 1996 in relation to the remaining provisions.

Interpretation

2.-(1) In this Order-

"the 1973 Act" means the Local Government (Scotland) Act 1973(2);

"the 1994 Act" means the Local Government etc. (Scotland) Act 1994;

"the Authority" means the Strathclyde Passenger Transport Authority established by section 40(1) of the 1994 Act;

"casual vacancy" means a vacancy arising before the expiry of a term of office;

"council" means a council within the meaning of paragraph 1 of Part I of Schedule 5 to the 1994 Act the area of which lies wholly or partly within the designated area; and

"designated area" means the passenger transport area of the Authority designated by order under section 40(4) of the 1994 Act(3).

(2) Except where the context otherwise requires-

(a)references to numbered articles and Schedules are references to articles and Schedules in this Order bearing that number; and

(b)references in an article or Schedule to a numbered paragraph are references to a paragraph of that article or Schedule bearing that number.

Incorporation

3. The Authority shall be a body corporate with perpetual succession and a common seal.

Appointment of members

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.

Period of appointment

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.

Vacancies

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.

Appointment of deputies

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-

(a)the member for whom that person acts as a deputy vacates office for any reason; or

(b)the person appointed to be a deputy is appointed to be a member of the Authority.

Notification of appointment or termination of appointment

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.

Proceedings

9. The provisions contained in Schedule 2 shall have effect in relation to the proceedings of the Authority.

Appointment, allowances and remuneration of officers and staff

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.

Appointment of committees

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.

Delegation of functions

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.

Allowances

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.

Application of enactments

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:-

• section 31 (disqualification for office)(8);

• sections 38 to 42 and section 60 (pecuniary interests)(9);

• section 86 (insurance); and

• section 195 (public notices).

(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.

Provision of accommodation

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.

Discharge of functions of officers of Authority

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.

Documents

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.

Validity

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.

Transitional provisions

19. For the purpose of enabling the Authority to act with full effect on 1st April 1996 Schedule 3 shall have effect.

Concessionary travel: consequential provision

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.

Article 4

SCHEDULE 1COUNCILS ENTITLED TO APPOINT MEMBERS OF THE AUTHORITY

Article 9

SCHEDULE 2PROVISIONS AS TO PROCEEDINGS OF THE AUTHORITY

1. The first meeting of the Authority shall be convened for such day (not being later than one month after 1st April 1996) and at such time and place as may be fixed by the Chief Executive of the City of Glasgow Council who shall give not less than 14 days' written notice of that meeting to each member of the Authority whose appointment has been notified in accordance with paragraph 4 of Schedule 3.

2.-(1) Notwithstanding any other provision of this Order the standing orders for the regulation of the proceedings and business of the City of Glasgow Council shall apply at the first meeting of the Authority.

(2) The first business to be transacted at the first meeting of the Authority shall be the appointment of the chairman of the Authority and for that purpose the chair at that meeting shall be taken by the Chief Executive of the City of Glasgow Council or in the event of his being unable to be present at that meeting, by such officer of that council nominated by him to do so but no person taking the chair in accordance with this paragraph shall be entitled to cast any vote in connection with the transaction of business at that meeting.

3. A certificate purporting to be signed by the Chief Executive of the City of Glasgow Council that a person has been nominated in accordance with paragraph 2 shall be conclusive evidence of the inability of the Chief Executive to be present at the first meeting of the Authority and of the nomination of that other person.

4. The first meeting of the Authority after 1st April 1996 shall be the annual meeting of the Authority for 1996 and the first meeting of the Authority after 30th April in each subsequent year shall be the annual meeting for that year.

5. At their annual meeting in each year when required in accordance with paragraph 6, the Authority shall appoint a chairman and the person so appointed shall come into office forthwith and continue in office until a successor becomes entitled to act as chairman.

6. The maximum period of appointment of a chairman shall be 3 years and a chairman appointed in accordance with paragraph 5 shall be eligible for appointment for further terms of office at the expiry of the then current term of office and if so appointed shall continue in office accordingly.

7.-(1) The Authority may appoint from among its members a maximum of two vice-chairmen and paragraphs 5 and 6 shall apply in relation to a vice-chairman as they apply in relation to a chairman.

(2) The vice-chairmen shall not at any time be members of the same council nor shall either vice-chairman at any time be a member of the same council as the chairman.

8. Where a casual vacancy occurs in the office of the chairman or vice chairman that vacancy shall be filled by the appointment by the Authority of one of its members at a meeting to be held as soon as practicable after the vacancy occurs and convened, in the event that the vacancy occurs in the office of the chairman, by the secretary of the Authority.

9. A person appointed to fill a casual vacancy in accordance with paragraph 8 shall hold office only for so long as the vacating member would have held office.

10. The chairman of the Authority may call a meeting of the Authority at any time.

11. The provisions of paragraphs 5 to 9 of Schedule 7 to the 1973 Act(12)(conduct of business at meetings) shall apply to the Authority as if it were a local authority and as if for the reference to that Act there were substituted a reference to this Order.

12. A copy of the minutes of the proceedings of each meeting of the Authority shall be sent by the secretary of the Authority to each council not later than 21 days after that meeting.

13. A copy of the notice of any meeting of the Authority and of any other papers sent to a member of the Authority in connection with any meeting shall be sent to any deputy for that member appointed in accordance with article 7.

14. The Authority may make rules with respect to its proceedings and subject to the provisions of this Order and to any such rules may regulate its own procedure.

Article 19

SCHEDULE 3TRANSITIONAL PROVISIONS

1.-(1) For the purpose of making the necessary arrangements for the Authority to act with full effect on 1st April 1996 the provisions of this Order (under exception of those specified in sub-paragraph (2) below) shall apply during the period 18th December 1995 to 1st April 1996 to the members appointed in accordance with paragraph 2 as they apply to the Authority.

(2) Articles 3, 5(2) and (3), 6(6), 9, 10, 12, 16 to 18 and Schedule 2 are the specified provisions for the purposes of sub-paragraph (1) above.

2. The first appointment of members of the Authority shall be made by each council in accordance with article 4(2) as soon as is practicable after 18th December 1995 and each member so appointed shall come into office on 1st April 1996.

3. Notwithstanding the provisions of paragraph 1(1) members of the Authority appointed in accordance with paragraph 2 shall hold office notwithstanding the provisions of Article 5(3) until the first meeting of the council which appointed that member after the second ordinary election of councillors in 1999.

4. As soon as practicable after the appointment of a member of the Authority in accordance with paragraph 2 the council responsible for that appointment shall give written notice of the name, address and designation of the person so appointed to the Chief Executive of Strathclyde Regional Council and the Chief Executive shall notify such appointment to the Chief Executive of the City of Glasgow Council for the purposes of paragraph 1 of Schedule 2.

5.-(1) At any time before 1st April 1996 and subject to sub-paragraph (2) below the members appointed in accordance with paragraph 2 may hold meetings, take decisions and take such further action as may be appropriate in connection with such matters as may be required to enable the Authority to act with full effect on 1st April 1996, in particular-

(a)the formulation of general policies in connection with the meeting of public passenger transport requirements within the designated area;

(b)the estimating of expenditure (both capital and revenue) likely to be incurred by the Authority during the financial year 1st April 1996 to 31st March 1997; and

(c)the appointment of officers and staff by the Authority with effect from 1st April 1996.

(2) Without prejudice to the generality of sub-paragraph (1) above the first meeting of members shall take place no later than 12th January 1996 and that first meeting shall be called by the Chief Executive of Strathclyde Regional Council by giving notice in writing not less than 7 days before that meeting to those members whose appointment is notified in accordance with paragraph 4.

(3) The failure of any council to appoint a member in accordance with article 4(2) or the absence of any member so appointed shall not affect the validity of anything done by the members at or arising from any meeting held in accordance with this paragraph and that validity shall not be affected by any defect in appointment or qualification for appointment of any member.

6. For the purposes of the discharge of the functions mentioned in paragraph 5(1) the members appointed in accordance with paragraph 2 may enter into arrangements with-

(a)Strathclyde Regional Council as passenger transport authority under section 9 of the Transport Act 1968(13); and

(b)Strathclyde Passenger Transport Executive,

for the provision by that authority or the Executive as the case may be of such facilities and staff as may be necessary and in that regard the provisions of sections 9 and 10 of the Transport Act 1968(14) shall apply as if the reference to the passenger transport area were a reference to the designated area and the passenger transport authority and the Executive were the authority and executive respectively for the designated area.

7.-(1) For the purposes of allocating among councils the proportions of expenditure likely to be incurred by the Authority in accordance with an estimate arrived at under paragraph 5(1) that expenditure shall be met in such proportions as those councils may agree.

(2) Where it appears to the Secretary of State that the councils are unable to reach agreement in terms of sub-paragraph (1) above he shall determine the proportions in which such expenditure shall be met by those councils.

Explanatory Note

(This note is not part of the Order)

This Order deals with the constitution and membership of the Strathclyde Passenger Transport Authority (SPTA) established by section 40 of the Local Government etc. (Scotland) Act 1994. The Order also makes certain transitional and consequential provisions.

Articles 3 to 18 of the Order and Schedules 1 and 2 deal with the constitution and membership of the SPTA. Schedule 3 provides a range of transitional provisions to operate between 18th December 1995 and 1st April 1996 so that the SPTA will be able to act with full effect on its establishment on the latter date.

Article 3 deals with the incorporation of SPTA.

Articles 4 to 8 and Schedule 1 provide for the appointment of members of the SPTA and associated matters such as the appointment of deputies and filling of vacancies.

Article 9 and Schedule 2 provide for the proceedings of the SPTA.

Article 10 requires the SPTA to appoint a secretary and gives it power to appoint other officers and staff. The article also provides for payment of allowances and remuneration.

Article 11 enables the SPTA to appoint committees and regulates the membership of such committees and their proceedings.

Article 12 allows the SPTA to delegate functions to a committee or to the chairman of the Authority. That delegation may be subject to restrictions or conditions. The SPTA cannot delegate functions of approval or the giving of guarantees contained in sections 15(2) or 13A of the Transport Act 1968 respectively.

Article 13 applies certain provisions of the Local Government (Scotland) Act 1973 for the purpose of regulating payment by the SPTA of allowances in respect of approved duties for financial loss, travel and subsistence, attendance at conferences and meetings and expenses of official visits etc.

Article 14 applies with necessary modifications certain provisions of the 1973 Act to regulate the position on disqualification for office, restrictions in connection with pecuniary interests, insurance against accidents to members and the giving of public notices.

Article 15 requires the Strathclyde Passenger Transport Executive, established under section 9 of the Transport Act 1968 to provide accommodation for the SPTA and its officers and staff.

Article 16 provides that until the SPTA appoints a secretary and other officers in accordance with article 10(1) their functions can be discharged by officers of councils who make up the membership of the SPTA.

Article 17 provides for the evidential value of a document validly executed by the SPTA. Such a document will be received in evidence and is sufficient evidence of the facts contained in it.

Article 18 provides that vacancies or defects in appointment are not to affect the validity of anything done by the SPTA or any of its committees.

Article 19 and Schedule 3 deal with transitional provisions to enable the SPTA to act with full effect on its establishment on 1st April 1996.

Article 20 is a provision consequential on the transfer of responsibilities from existing to new authorities and on the power given to the SPTA as from 1st April to establish travel concession schemes under section 93 of the Transport Act 1985. The article provides that the existing scheme established by Strathclyde Regional Council will be deemed to have been established by the SPTA and the councils listed in Schedule 1.

Schedule 1 lists the councils whose area forms part of the passenger transport area of the SPTA and who are entitled to appoint members of the SPTA. The Schedule also lists the number of members each council is entitled to appoint.

Schedule 2 makes specific provision for the proceedings of the SPTA. It provides for the first meeting of the SPTA and the regulation of proceedings and business at that meeting including the chairmanship. It also provides for the appointment of a chairman and vice chairmen. Certain provisions of the Local Government (Scotland) Act 1973 are applied to provide for majority voting, the recording of those present and the minutes of meetings. Provision is also made for the copying of minutes to constituent councils and the copying of papers to deputy members. General provision is made as to regulating procedure.

Schedule 3 deals with transitional provisions. The Schedule enables the members of the SPTA to be appointed after 18th December 1995 and the provisions of the Order with certain exceptions are applied to these members as they apply to the SPTA. The members are enabled to take appropriate measures during the transitional period to allow the SPTA to act with full effect on 1st April 1996. In connection with that overall purpose the members must hold their first meeting no later than 12th January 1996. To enable them to discharge their functions the members can enter into arrangements with the existing passenger transport authority and Executive.

The members can formulate estimates of the expenditure of the SPTA and provision is made for allocation of the estimated expenditure among constituent councils.