The Strathclyde Passenger Transport Authority (Constitution, Membership and Transitional and Consequential Provisions) Order 1995

Article 4

SCHEDULE 1COUNCILS ENTITLED TO APPOINT MEMBERS OF THE AUTHORITY

Article 9

SCHEDULE 2PROVISIONS AS TO PROCEEDINGS OF THE AUTHORITY

1.  The first meeting of the Authority shall be convened for such day (not being later than one month after 1st April 1996) and at such time and place as may be fixed by the Chief Executive of the City of Glasgow Council who shall give not less than 14 days' written notice of that meeting to each member of the Authority whose appointment has been notified in accordance with paragraph 4 of Schedule 3.

2.—(1) Notwithstanding any other provision of this Order the standing orders for the regulation of the proceedings and business of the City of Glasgow Council shall apply at the first meeting of the Authority.

(2) The first business to be transacted at the first meeting of the Authority shall be the appointment of the chairman of the Authority and for that purpose the chair at that meeting shall be taken by the Chief Executive of the City of Glasgow Council or in the event of his being unable to be present at that meeting, by such officer of that council nominated by him to do so but no person taking the chair in accordance with this paragraph shall be entitled to cast any vote in connection with the transaction of business at that meeting.

3.  A certificate purporting to be signed by the Chief Executive of the City of Glasgow Council that a person has been nominated in accordance with paragraph 2 shall be conclusive evidence of the inability of the Chief Executive to be present at the first meeting of the Authority and of the nomination of that other person.

4.  The first meeting of the Authority after 1st April 1996 shall be the annual meeting of the Authority for 1996 and the first meeting of the Authority after 30th April in each subsequent year shall be the annual meeting for that year.

5.  At their annual meeting in each year when required in accordance with paragraph 6, the Authority shall appoint a chairman and the person so appointed shall come into office forthwith and continue in office until a successor becomes entitled to act as chairman.

6.  The maximum period of appointment of a chairman shall be 3 years and a chairman appointed in accordance with paragraph 5 shall be eligible for appointment for further terms of office at the expiry of the then current term of office and if so appointed shall continue in office accordingly.

7.—(1) The Authority may appoint from among its members a maximum of two vice-chairmen and paragraphs 5 and 6 shall apply in relation to a vice-chairman as they apply in relation to a chairman.

(2) The vice-chairmen shall not at any time be members of the same council nor shall either vice-chairman at any time be a member of the same council as the chairman.

8.  Where a casual vacancy occurs in the office of the chairman or vice chairman that vacancy shall be filled by the appointment by the Authority of one of its members at a meeting to be held as soon as practicable after the vacancy occurs and convened, in the event that the vacancy occurs in the office of the chairman, by the secretary of the Authority.

9.  A person appointed to fill a casual vacancy in accordance with paragraph 8 shall hold office only for so long as the vacating member would have held office.

10.  The chairman of the Authority may call a meeting of the Authority at any time.

11.  The provisions of paragraphs 5 to 9 of Schedule 7 to the 1973 Act(1)(conduct of business at meetings) shall apply to the Authority as if it were a local authority and as if for the reference to that Act there were substituted a reference to this Order.

12.  A copy of the minutes of the proceedings of each meeting of the Authority shall be sent by the secretary of the Authority to each council not later than 21 days after that meeting.

13.  A copy of the notice of any meeting of the Authority and of any other papers sent to a member of the Authority in connection with any meeting shall be sent to any deputy for that member appointed in accordance with article 7.

14.  The Authority may make rules with respect to its proceedings and subject to the provisions of this Order and to any such rules may regulate its own procedure.

Article 19

SCHEDULE 3TRANSITIONAL PROVISIONS

1.—(1) For the purpose of making the necessary arrangements for the Authority to act with full effect on 1st April 1996 the provisions of this Order (under exception of those specified in sub-paragraph (2) below) shall apply during the period 18th December 1995 to 1st April 1996 to the members appointed in accordance with paragraph 2 as they apply to the Authority.

(2) Articles 3, 5(2) and (3), 6(6), 9, 10, 12, 16 to 18 and Schedule 2 are the specified provisions for the purposes of sub-paragraph (1) above.

2.  The first appointment of members of the Authority shall be made by each council in accordance with article 4(2) as soon as is practicable after 18th December 1995 and each member so appointed shall come into office on 1st April 1996.

3.  Notwithstanding the provisions of paragraph 1(1) members of the Authority appointed in accordance with paragraph 2 shall hold office notwithstanding the provisions of Article 5(3) until the first meeting of the council which appointed that member after the second ordinary election of councillors in 1999.

4.  As soon as practicable after the appointment of a member of the Authority in accordance with paragraph 2 the council responsible for that appointment shall give written notice of the name, address and designation of the person so appointed to the Chief Executive of Strathclyde Regional Council and the Chief Executive shall notify such appointment to the Chief Executive of the City of Glasgow Council for the purposes of paragraph 1 of Schedule 2.

5.—(1) At any time before 1st April 1996 and subject to sub-paragraph (2) below the members appointed in accordance with paragraph 2 may hold meetings, take decisions and take such further action as may be appropriate in connection with such matters as may be required to enable the Authority to act with full effect on 1st April 1996, in particular—

(a)the formulation of general policies in connection with the meeting of public passenger transport requirements within the designated area;

(b)the estimating of expenditure (both capital and revenue) likely to be incurred by the Authority during the financial year 1st April 1996 to 31st March 1997; and

(c)the appointment of officers and staff by the Authority with effect from 1st April 1996.

(2) Without prejudice to the generality of sub-paragraph (1) above the first meeting of members shall take place no later than 12th January 1996 and that first meeting shall be called by the Chief Executive of Strathclyde Regional Council by giving notice in writing not less than 7 days before that meeting to those members whose appointment is notified in accordance with paragraph 4.

(3) The failure of any council to appoint a member in accordance with article 4(2) or the absence of any member so appointed shall not affect the validity of anything done by the members at or arising from any meeting held in accordance with this paragraph and that validity shall not be affected by any defect in appointment or qualification for appointment of any member.

6.  For the purposes of the discharge of the functions mentioned in paragraph 5(1) the members appointed in accordance with paragraph 2 may enter into arrangements with—

(a)Strathclyde Regional Council as passenger transport authority under section 9 of the Transport Act 1968(2); and

(b)Strathclyde Passenger Transport Executive,

for the provision by that authority or the Executive as the case may be of such facilities and staff as may be necessary and in that regard the provisions of sections 9 and 10 of the Transport Act 1968(3) shall apply as if the reference to the passenger transport area were a reference to the designated area and the passenger transport authority and the Executive were the authority and executive respectively for the designated area.

7.—(1) For the purposes of allocating among councils the proportions of expenditure likely to be incurred by the Authority in accordance with an estimate arrived at under paragraph 5(1) that expenditure shall be met in such proportions as those councils may agree.

(2) Where it appears to the Secretary of State that the councils are unable to reach agreement in terms of sub-paragraph (1) above he shall determine the proportions in which such expenditure shall be met by those councils.