Local Government etc. (Scotland) Act 1994

Section 40(10).

SCHEDULE 5 S Strathclyde Passenger Transport Authority

Part I S

The Authority S

1 S In this Schedule “council” means a council constituted under section 2 of this Act.

2 S The Authority shall consist of such number of members appointed respectively by such of the councils of constituent local authority areas, or by such two or more of the councils acting jointly, from among their own members as may be specified in an order made under section 40 of this Act.

3 S The chairman of the Authority shall be such one of their number as the members of the Authority may appoint.

4 S A person may be appointed as a member of the Authority under paragraph 2 above only if he is a member of the council or one of the councils by whom he is so appointed; and no person who is for the time being a member, officer or employee of the Strathclyde Passenger Transport Executive or who is for the time being an employee 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 employee of that Executive or such a subsidiary shall forthwith vacate his membership of the Authority.

5 S A person who at the date of his appointment as a member of the Authority 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.

6 S If at any time not less than three months after the coming into force of the order under section 40 of this Act providing for the constitution 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 paragraph 2 above, the initial appointment of any member of the Authority falling to be made under that order or, as the case may be, an appointment to fill that vacancy, has not been made, the Secretary of State, after consultation with the council or councils by whom the appointment falls to be made, may make the appointment on their behalf.

Part II S

Matters which may be dealt with by order under section 40 S

1 S The incorporation of the Authority.

2 S The appointment in accordance with Part I of this Schedule of members of the Authority.

3 S 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.

4 S 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.

5 S The proceedings of the Authority.

6 S The establishment by the Authority of committees and the composition of those committees, including the establishment of advisory committees consisting wholly or partly of persons who are not members of the Authority.

7 S The delegation of functions by the Authority to a committee [F1 , to the chairman or to an officer or member of staff] of the Authority.

Textual Amendments

F1 Words in Sch. 5 Pt. II para. 7 substituted (1.4.2003) by virtue of the Local Government in Scotland Act 2003 (asp 1), ss. 48, 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F2 8 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 5 Pt. II para. 8 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))

9 S The appointment by the Authority of officers and staff and the payment of remuneration and allowances to any officers and staff appointed by the Authority.

10 S Provision as to the superannuation of officers and staff of the Authority.

11 S The provision of accommodation for the Authority by the Authority or by the Strathclyde Passenger Transport Executive.

12 S Provision applying, with or without modifications, to the Authority or to persons who are or have been members or officers of the Authority 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 of local authorities or local authorities of a particular description.

13 S The making of reports and the furnishing of information by the Authority to the Secretary of State.

14 S Any particular matters to be dealt with in the annual report of the Authority under section 16 of the M1 Transport Act 1968.

Marginal Citations

M1 1968 c. 73.

15 S Provision for the council or councils 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 the said Act of 1968 or by the order.

16 S Provision, as respects any period before the Authority appoint or are provided with their own officers, for the discharge of functions of officers of the Authority (including the convening of the first meeting of the Authority) by such officers of such of the councils of constituent areas as may be determined in accordance with the order.