Railways and Transport Safety Act 2003

Part 1 E+W+S Membership

Appointment E+W+S

1 (1) The Secretary of State— E+W+S

(a) shall appoint the members of the Authority, and

(b) shall ensure that the number of members is an odd number neither lower than 11 nor higher than 17.

(2) The Secretary of State may by order amend sub-paragraph (1)(b) so as to substitute a different number for a number specified.

(3) An order under sub-paragraph (2) may not be made unless the Secretary of State has consulted the Authority.

Commencement Information

I1 Sch. 4 para. 1 in force at 1.7.2004 by S.I. 2004/1572, art. 3(iii)

2 (1) The Secretary of State shall so far as is reasonably practicable ensure that the membership of the Authority includes— E+W+S

(a) at least four persons who have knowledge of and experience in relation to the interests of persons travelling by railway,

(b) at least four persons who have knowledge of and experience in relation to the interests of persons providing railway services,

(c) a person who has knowledge of and experience in relation to the interests of employees of persons providing railways services,

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) a person who has knowledge of the interests of persons in Scotland and who is appointed following consultation with the Scottish Ministers,

(f) a person who has knowledge of the interests of persons in Wales and who is appointed following consultation with the National Assembly for Wales, and

(g) a person who has knowledge of the interests of persons in England.

(2) A person may be appointed so as to satisfy, or to contribute to satisfying, more than one paragraph of sub-paragraph (1).

(3) But a person may not be appointed so as to—

(a) contribute to satisfying sub-paragraph (1)(b), and

(b) satisfy sub-paragraph (1)(c).

(4) In appointing members of the Authority the Secretary of State shall have regard to the desirability of appointing persons who have experience of and have shown capacity in relation to matters relevant to the policing of the railways.

Textual Amendments

F1 Sch. 4 para. 2(1)(d) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.

Commencement Information

I2 Sch. 4 para. 2 in force at 1.7.2004 by S.I. 2004/1572, art. 3(iii)

Tenure E+W+S

3 (1) A member of the Authority shall hold and vacate office in accordance with the terms of his appointment (subject to the provisions of this Schedule). E+W+S

(2) A member of the Authority may resign by notice to the Secretary of State, which must be—

(a) in writing, and

(b) copied to the Authority.

(3) The Secretary of State may dismiss a member of the Authority if—

(a) he is absent from meetings of the Authority during a period of more than three months without permission of the Authority,

(b) he is convicted of an offence, or

(c) the Secretary of State thinks that the member is unable, unfit or unwilling to perform his functions as a member (whether because of illness or otherwise).

Commencement Information

I3 Sch. 4 para. 3 in force at 1.7.2004 by S.I. 2004/1572, art. 3(iii)

Chairman and deputy chairman E+W+S

4 (1) The Secretary of State shall appoint a member of the Authority as its chairman. E+W+S

(2) The chairman shall perform such functions as may be assigned to him by the Secretary of State.

Commencement Information

I4 Sch. 4 para. 4 in force at 1.7.2004 by S.I. 2004/1572, art. 3(iii)

5 (1) The Secretary of State may appoint a member of the Authority as its deputy chairman. E+W+S

(2) The deputy chairman—

(a) may act for the chairman when he is unable to act or unavailable, and

(b) shall perform such other functions as may be assigned or delegated to him by the chairman.

Commencement Information

I5 Sch. 4 para. 5 in force at 1.7.2004 by S.I. 2004/1572, art. 3(iii)

6 E+W+S The Secretary of State may not appoint as chairman or deputy chairman of the Authority a member who—

(a) is an officer or employee of a body which is required to enter into a police services agreement, F2 ...

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 4 para. 6(b) and word repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.

Commencement Information

I6 Sch. 4 para. 6 in force at 1.7.2004 by S.I. 2004/1572, art. 3(iii)

Disqualification E+W+S

7 (1) A person under the age of 21 shall not be eligible for appointment as a member of the Authority. E+W+S

(2) A person shall not be eligible for appointment as a member of the Authority while he—

(a) is an officer or employee of the Authority,

(b) is a constable,

[F3 (c) a member of a police and crime commissioner's staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011),

(ca) a member of the staff of the Mayor's Office for Policing and Crime (within the meaning of that Part of that Act),

(cb) a member of the civilian staff of a police force, including the metropolitan police force, (within the meaning of that Part of that Act), or]

[F4 (d) is an employee of the Scottish Police Authority.]

(3) A person shall not be eligible for appointment as a member of the Authority if he is the subject of—

(a) a bankruptcy restrictions order [F5 or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986],

(b) a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under [F6 the Company Directors Disqualification (Northern Ireland) Order 2002], or

(c) an order under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (disability imposed on revoking administration order under County Courts Act 1984).

(4) A person shall not be eligible for appointment as a member of the Authority if his estate has been sequestrated in Scotland or if, under Scots law, he has made a composition or arrangement with, or granted a trust deed for, his creditors.

(5) If a person is convicted of an offence for which he is sentenced to imprisonment for a term of at least three months, he shall not be eligible for appointment as a member of the Authority during the period of five years beginning with the date of the conviction.

Textual Amendments

F3 Sch. 4 para. 7(2)(c)-(cb) substituted for Sch. 4 para. 7(2)(c) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 328; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 75)

F4 Sch. 4 para. 7(2)(d) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 41(7)

F5 Words in Sch. 4 para. 7(3)(a) substituted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 48(3) (with arts. 5, 6)

F6 Words in Sch. 4 para. 7(3)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 217 (with art. 10)

Modifications etc. (not altering text)

C1 Sch. 4 para. 7 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 14(2)

Commencement Information

I7 Sch. 4 para. 7 in force at 1.7.2004 by S.I. 2004/1572, art. 3(iii)

8 E+W+S If a member of the Authority becomes ineligible for appointment his membership shall lapse.

Commencement Information

I8 Sch. 4 para. 8 in force at 1.7.2004 by S.I. 2004/1572, art. 3(iii)