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1(1)The Secretary of State shall offer to the person who immediately before the coming into force of section 201 is the chairman of the Board appointment under section 202 as the member of the Authority who is to chair it from the time when the Authority is established.
(2)The Secretary of State shall offer to the other persons who immediately before the coming into force of section 201 are members of the Board appointment under section 202 as members of the Authority from the time when the Authority is established.
(3)The Secretary of State shall (in spite of section 203(2)) offer to the person who immediately before the coming into force of section 201 is the Franchising Director appointment as the chief executive of the Authority from the time when the Authority is established; and, if appointed, the terms of his appointment shall (in spite of paragraph 4(2) of Schedule 14) be such as may be determined by the Secretary of State.
(4)Unless any person to whom an appointment is offered under sub-paragraph (1), (2) or (3) refuses to accept it, he shall be appointed pursuant to the offer.
(5)A person may be both a member of the Board and a member of the Authority.
(6)For so long as there is a member of the Authority who was appointed to the Board after consultation with the Scottish Ministers, or the National Assembly for Wales, paragraph (a), or paragraph (b), of section 202(3) shall be deemed to be complied with.
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