Regulation 6 Designation of other board members

(1)

The senior traffic commissioner must, no later than the date prescribed in paragraph (2), designate the persons who are to be members of a board by virtue of section 126A(3)(b) (appointment of board members from panel).

(2)

The date is—

(a)

28 days before the date specified in accordance with section 125(1A)(f) (date by which written responses to consultation document must be submitted to authority), or

(b)

28 days after the designation of the Commissioner by virtue of section 126A(5)(a),

whichever is the later.

(3)

In designating the persons who are to be members of a board in accordance with this regulation the senior traffic commissioner, having regard to the matters described in paragraph (4), must select the persons whom the senior traffic commissioner considers most appropriate in all the circumstances of the particular case.

(4)

The matters are—

(a)

the range of expertise needed by board members, taken together, to carry out the functions of the board effectively in relation to the proposed scheme in respect of which the board is to be constituted;

(b)

the availability of potential board members to perform the expected volume of work in the period between the designation of board members and the expected conclusion of the work of the particular board in question;

(c)

the ability of potential board members to act impartially in respect of any particular proposed scheme; and

(d)

such other matters as the senior traffic commissioner considers appropriate.

(5)

The senior traffic commissioner must, within the period prescribed in paragraph (6), give notice of the designation—

(a)

in writing to the authority or authorities who gave notice by virtue of section 125(1)(d);

(b)

in at least one newspaper circulating in the area to which the proposed scheme relates; and

(c)

in such other ways as the senior traffic commissioner considers appropriate for the purpose of informing operators of local services and other interested persons about the designation.

(6)

The period is 14 days beginning with the date on which members are designated in accordance with paragraph (1).

(7)

If the senior traffic commissioner is unable to carry out the functions assigned by virtue of this regulation and regulation 7, and no other traffic commissioner has been appointed to act as deputy for the senior traffic commissioner under section 4A(5) of the Public Passenger Vehicles Act 1981 (deputy for the senior traffic commissioner)^f1, those functions are to be carried out by the Commissioner designated by virtue of section 126A(5)(a).

Annotations

Footnotes

f1: 1981 c. 14. Section 4A was inserted by section 3(1) of the Local Transport Act 2008.