SCHEDULES
SCHEDULE 5 Passenger Transport Authorities and Executives
F4F5Part I
Sch. 5 Pt. I repealed (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
The Authority
1
The Authority established for a designated area under an order made under section 9(1) of this Act shall consist of—
a
such number of members appointed respectively by such of the councils of constituent areas, or by such two or more of those councils acting jointly, as may be specified in the order;
F1b
such number of members not exceeding one-sixth of the aggregate number of the members appointed under sub-paragraph (a) of this paragraph as the Minister may see fit to appoint from among persons appearing to him to have special knowledge or experience which would be of value to the Authority in the exercise of their functions;
and the chairman of the Authority shall be such one of their number as the members of the Authority may F2with the approval of the Minister appoint.
2
If and to such extent as it appears to him appropriate so to do, the Minister may, in determining the council or councils by whom members of the Authority are to be appointed under paragraph 1(a) of this Part of this Schedule, take into account the product of a rate of F3one new penny in the pound for so much of the respective areas of the councils of constituent areas as falls within the designated area.
3
A person may be appointed as a member of the Authority for a designated area under the said paragraph 1(a) whether or not he is a member of the council or one of the councils by whom he is so appointed; but no person who is for the time being a member, officer or servant of the Executive for that designated area or who is for the time being a servant of a subsidiary of that Executive shall be appointed as a member of the Authority, and any person appointed to be a member of the Authority who subsequently becomes a member, officer or servant of that Executive or a servant of such a subsidiary shall forthwith vacate his membership of the Authority.
4
A person who at the date of his appointment as a member of the Authority under the said paragraph 1(a) was a member of the council or one of the councils by whom he was so appointed but who subsequently ceases to be a member of that council shall upon so ceasing also vacate office as a member of the Authority but shall be eligible for re-appointment.
5
If at any time not less than three months after the coming into force of the order under section 9(1) of this Act providing for the establishment of the Authority, or after a vacancy has arisen among the members of the Authority which falls to be filled by an appointment made under the said paragraph 1(a), the initial appointment of any member of the Authority falling to be made as aforesaid, or, as the case may be, an appointment to fill that vacancy, has not been made, the Minister, after consultation with the council or councils by whom the appointment falls to be made, may himself make the appointment on their behalf.
Part II
The Executive
F61
E12
No person who is for the time being a member of the Authority for the passenger transport area shall be appointed as a member of the Executive, and any person appointed to be a member of the Executive who subsequently becomes a member of the Authority for the passenger transport area shall forthwith vacate his membership of the Executive.
2
No person who is for the time being a member of F8the F9council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for the F10passenger transport area shall be appointed as a member of the Executive, and any person appointed to be a member of the Executive who subsequently becomes a member of F8F9such council for the F10passenger transport area shall forthwith vacate his membership of the Executive.
3
1
Subject to paragraph 2 of this Part of this Schedule a member of the Executive shall hold and vacate his office in accordance with the terms of his appointment by the Authority and shall, on ceasing to be a member, be eligible for reappointment.
2
Any member of the Executive may at any time by notice in writing to the Authority resign his office.
4
The Executive shall pay to or in respect of the members thereof such remuneration, allowances and pensions as the Authority may determine.
5
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Part III
Matters which may be dealt with by order under s. 9(1)
F121
2
The incorporation of the Authority.
3
The appointment—
F184
The terms on which and period for which the members of the Authority are to hold office, and the vacation of office by those members.
F195
The payment of allowances to, or to any class of, members of the Authority, and the payment of remuneration to the chairman of the Authority.
6
7
8
9
F2410
The appointment by, or provision by the Executive for, the Authority of officers and servants, and the payment of remuneration and allowances to any officers and servants appointed by the Authority.
11
Provision—
a
b
as to the fund in the benefits of which any persons who are or have been employed by F25the Authority the Executive or a subsidiary of the Executive are to be entitled to participate;
F27c
for the transfer to the authority administering that fund in relation to any such persons, instead of to the Executive, of any other fund in the benefits of which those persons are entitled to participate which would otherwise fall to be transferred to the Executive by an order under section 17 of this Act.
F2812
The provision of accommodation for the Authority by the Authority or by the Executive.
13
Provision applying, with or without modifications, to F29the Authority or the Executive, or to persons who are or have been members of F29the Authority or the Executive, or officers or servants of F29the Authority, the Executive or any subsidiary of the Executive, any enactment or instrument made under an enactment relating, as the case may be, to, or to persons who are or have been members of, or officers or servants of, local authorities or local authorities of a particular description.
F3014
The making of reports and the furnishing of information by the Authority and Executive to the Minister.
15
Any particular matters to be dealt with in the annual report of the Authority and the Executive under section 16 of this Act.
F3116
Provision for the person or persons by whom a member of the Authority is appointed to appoint also a deputy to act in that member’s place at any meeting of the Authority from which that member is absent, and for applying in relation to any such deputy, with or without modifications, any provision with respect to members of the Authority made by this Act or by the order.
17
Provision, as respects any period before the Authority appoint or are provided with their own officers and servants, for the discharge of functions of officers or servants of the Authority (including the convening of the first meeting of the Authority) by such officers or servants of such of the councils of constituent areas as may be determined in accordance with the order.
Sch. 5 Pt. I repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 21(1), Sch. 8