There shall be a body corporate known as the Strategic Rail Authority (but in this Part referred to as “the Authority”).

The Authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and its property shall not be regarded as property of, or held on behalf of, the Crown.

But the Secretary of State may by order alter either or both of the numbers for the time being specified in subsection (1); and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In making any appointment to membership of the Authority the Secretary of State shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the Authority.

In making an appointment to membership after consultation with the Scottish Ministers or the National Assembly for Wales the Secretary of State shall also have regard to the desirability of appointing a person who is familiar with the special requirements and circumstances of Scotland, or of Wales.

The Secretary of State shall consult the member appointed to chair the Authority before appointing any other person to membership of the Authority.

The Secretary of State may, after consulting the member appointed to chair the Authority, appoint another of its members to act as deputy to that member.

The Authority shall, with the approval of the Secretary of State, appoint a chief executive of the Authority.

A person appointed as chief executive of the Authority shall (if not already a member of the Authority) be appointed as a member.