The Public Transport Users' Committee for Scotland Order 2006

Citation and commencement

1.  –

(1) This Order may be cited as the Public Transport Users' Committee for Scotland Order 2006 and except as provided in paragraph (2), shall come into force on 1st January 2007.

(2) Article 4 shall come into force on the date of establishment of the sub-committee in terms of article 10.

Interpretation

2.  In this Order–

“relevant complaint” means any written complaint made by or on behalf of any individual to an operator of bus services which relates to the operation of any bus service operated by such an operator;

“bus operator” means the operator of a bus service; and

“bus service” means–

(a)

a local bus service; or

(b)

a service which–

(i)

uses one or more public service vehicles for the carriage of passengers by road at separate fares;

(ii)

operates between places at least one of which is in Scotland; and

(iii)

is not a local service.

Establishment of Public Transport Users' Committee for Scotland

3.  There is established from the date of coming into force of this Order a body corporate to be known as the Public Transport Users' Committee for Scotland.

Further functions of the Committee

4.  There is conferred on the Committee the functions of determining any written complaint made by or on behalf of any individual–

(a) about the manner in which a relevant complaint has been dealt with; or

(b) appealing against a decision made on a relevant complaint.

Status

5.  –

(1) The Committee shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The property of the Committee is not to be regarded as property of or property held on behalf of the Crown.

Constitution and membership of the Committee

6.  –

(1) The Committee is to consist of–

(a) a convener; and

(b) eleven other members,

appointed by the Scottish Ministers

(2) Any person appointed to be the convener or other member of the Committee–

(a) shall be appointed for such period as is specified in that person’s instrument of appointment;

(b) may, by notice in writing to the Scottish Ministers, resign as a member;

(c) shall in other respects hold and vacate office in accordance with the terms of that person’s appointment; and

(d) shall, on ceasing to hold office, be eligible for re-appointment.

(3) The Scottish Ministers may remove a member from office if they are satisfied that the member–

(a) without reasonable excuse, has not complied with the terms of the appointment;

(b) is otherwise unable or unfit to discharge the functions of member or is unsuitable to continue as a member.

Allowances and expenses for members

7.  There shall be paid to the convener and other members of the Committee such allowances and expenses as the Scottish Ministers may determine.

Staff

8.  –

(1) The Committee may, with the approval of the Scottish Ministers, appoint such employees as it considers are required on such terms and conditions as it may with such approval determine.

(2) The Committee is to–

(a) pay such remuneration and expenses to its employees;

(b) pay such pensions, allowances and gratuities to or in respect of its former employees;

(c) make such payment towards provision of such pensions, allowances or gratuities; and

(d) provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances and gratuities,

as it may, with the approval of the Scottish Ministers, determine.

(3) References in paragraph (2) to pensions, allowances or gratuities include their provision by way of compensation for loss of office or employment.

Proceedings

9.  –

(1) The Committee may regulate its own procedure (including making provision in relation to the quorum for its meetings).

(2) The validity of any proceedings of the Committee is not affected by–

(a) any defect in the appointment of any member of the Committee; and

(b) any vacancy in the membership of the Committee.

Bus user complaints

10.  –

(1) As soon as practicable after the date of coming into force of this Order, the Committee shall establish a sub-committee to discharge the function as specified in article 4(a) in accordance with Schedule 1.

(2) The Committee shall discharge the function as specified in article 4(b) in accordance with Schedule 1.

Sub-committees

11.  –

(1) The Committee may–

(a) establish such other sub-committees as it may from time to time consider necessary or desirable;

(b) refer to any such sub- committee such matter as it may from time to time specify;

(c) delegate any of its functions to any such sub-committee; and

(d) regulate the procedure of any such sub-committee.

(2) The Committee may appoint persons who are not members of it to be members of any sub-committee established by it (provided that no such sub-committee shall consist entirely of persons who are not members of the Committee) and shall pay to a person so appointed such allowances and expenses as the Committee may, with the approval of Scottish Ministers, determine.

Reports

12.  –

(1) As soon as practicable after the end of each relevant period, the Committee shall submit to the Scottish Ministers a report on the exercise and performance of its functions during that year.

(2) In paragraph (1), “relevant period” means–

(a) the period beginning with 1st January 2007 and ending with 31st March 2008; and

(b) thereafter each period of 12 months ending with 31st March.

(3) The Scottish Ministers shall, as soon as possible following the submission of the report to them, lay before the Scottish Parliament a copy of the report submitted under paragraph (1).

TAVISH SCOTT

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

10th May 2006