Section 1(3)
Textual Amendments applied to the whole legislation
F1Act repealed (prosp.) by 1999 c. 29, ss. 423, 425(2), Sch. 34 Pt. II (with Sch. 12 para. 9(1))
1E+WReferences below in this Schedule to the Corporation are references to London Regional Transport.
2(1)The Corporation shall consist of—E+W
(a)a chairman appointed by the Secretary of State; and
(b)not less than four nor more than eleven other members appointed by the Secretary of State after consultation with the chairman of the Corporation.
(2)The Secretary of State may, after consultation with the chairman of the Corporation, appoint a member of the Corporation to be deputy chairman of the Corporation.
3E+WThe Corporation shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown, or (subject to any express provision of this Act) as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local; and the Corporation’s property shall not be regarded as property of, or property held on behalf of, the Crown.
4(1)The chairman and other members of the Corporation shall be appointed by the Secretary of State from among persons who appear to him to have had wide experience of, and shown capability in, transport, industrial, commercial or financial matters, administration, applied science, or the organisation of workers.E+W
(2)A member of the Corporation shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.
(3)A member may at any time by notice in writing to the Secretary of State resign his office.
5(1)Before appointing a person to be a member of the Corporation the Secretary of State shall satisfy hemself that that person will have no such financial or other interest as is likely to affect prejudicially the exercise and performance by him of his functions as a member of the Corporation, and the Secretary of State shall also satisfy himself from time to time with respect to every member of the Corporation that he has no such interest; and a person who is, or whom the Secretary of State proposes to appoint to be, a member of the Corporation shall, whenever requested by the Secretary of State so to do, furnish to him such information as the Secretary of State considers necessary for the performance by the Secretary of State of his duties under this paragraph.E+W
(2)A member of the Corporation who is in any way directly or indirectly interested in a contract made or proposed to be made by the Corporation, or in a contract made or proposed to be made by a subsidiary of the Corporation which is brought up for consideration by the Corporation, shall disclose the nature of his interest at a meeting of the Corporation; and the disclosure shall be recorded in the minutes of the Corporation, and the member shall not take any part in any deliberation or decision of the Corporation with respect to that contract.
(3)For the purposes of sub-paragraph (2) above, a general notice given at a meeting of the Corporation by a member of the Corporation to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with the company or firm shall be regarded as a sufficient disclosure of his interest in relation to any contract so made or proposed to be so made.
(4)A member of the Corporation need not attend in person at a meeting of the Corporation in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting.
6(1)The Corporation—E+W
(a)shall pay to the members of the Corporation such salaries or fees, and such allowances, as the Secretary of State may determine; and
(b)as regards any member in whose case the Secretary of State may so determine, shall pay such pension, allowance or gratuity to or in respect of him or make such payments towards the provision of such a pension, allowance or gratuity as may be so determined;
and, if a person ceases to be a member of the Corporation and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may require the Corporation to pay to that person a sum of such amount as the Secretary of State may determine.
(2)The Secretary of State may not make a determination or impose a requirement under this paragraph without the approval of the Treasury.
(3)So much of sub-paragraph (1) above as requires that the pensions (if any) which are to be paid in the case of members of London Regional Transport are to be determined by the Secretary of State shall not apply in relation to any pension payable apart from the provisions of that sub-paragraph.
7(1)If the Secretary of State is satisfied that a member of the Corporation—E+W
(a)has been absent from meetings of the Corporation for a period longer than three consecutive months without the permission of the Corporation; or
(b)has become bankrupt or made an arrangement with his creditors; or
(c)is incapacitated by physical or mental illness; or
(d)is otherwise unable or unfit to discharge the functions of a member;
he may remove that member from office.
(2)The terms of appointment of a member of the Corporation may provide for his removal from office (without assigning cause) on notice from the Secretary of State of such length as may be specified in those terms, subject (if those terms so provide) to compensation from the Corporation; and in any such case the Secretary of State may remove that member from office in accordance with those terms.
(3)Where a member whose terms of appointment provide for compensation on his removal from office in pursuance of sub-paragraph (2) above is removed from office in pursuance of that sub-paragraph, the Corporation shall pay to him compensation of such amount, and on such terms, as the Secretary of State may with the approval of the Treasury determine.
(4)The Secretary of State shall remove a member of the Corporation from office in pursuance of this paragraph by declaring his office as a member of the Corporation to be vacant and notifying that fact in such manner as the Secretary of State thinks fit; and thereupon the office shall become vacant.
8U.K.Part II of Schedule 1 to the M1House of Commons Disqualification Act 1975 (which specifies certain commissions, tribunals and other bodies all members of which are disqualified under that Act) shall be amended by inserting the words “London Regional Transport” at the appropriate place in alphabetical order.
Marginal Citations
9E+WThe validity of any proceedings of the Corporation shall not be affected by a vacancy amongst the members of the Corporation or by a defect in the appointment of a member.
10E+WThe quorum of the Corporation shall be three; and, while a member is disqualified from taking part in a decision or deliberation of the Corporation with respect to a matter, he shall be disregarded for the purpose of constituting a quorum of the Corporation for deciding, or deliberating on, that matter.
11E+WSubject to the preceding provisions of this Schedule, the Corporation shall have power to regulate their own procedure.
12E+WThe Corporation shall appoint a secretary of the Corporation and may appoint such other employees as they may determine.
13E+WThe application of the seal of the Corporation shall be authenticated by the signature of the secretary of the Corporation or of some other person authorised, either generally or specially, by the Corporation to act for that purpose.
14E+WA certificate signed by the secretary of the Corporation that an instrument purporting to be made or issued by or on behalf of the Corporation was so made or issued shall be conclusive evidence of that fact.
15E+WEvery document purporting to be an instrument made or issued by or on behalf of the Corporation and to be duly executed under the seal of the Corporation, or to be signed or executed by the secretary of the Corporation or a person authorised by the Corporation to act in that behalf shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.