# The Strathclyde Passenger Transport Authority (Constitution, Membership and Transitional and Consequential Provisions) Order 1995, Note: Explanatory note


(This note is not part of the Order)
This Order deals with the constitution and membership of the Strathclyde Passenger Transport Authority (SPTA) established by section 40 of the Local Government etc. (Scotland) Act 1994. The Order also makes certain transitional and consequential provisions.
Articles 3 to 18 of the Order and Schedules 1 and 2 deal with the constitution and membership of the SPTA. Schedule 3 provides a range of transitional provisions to operate between 18th December 1995 and 1st April 1996 so that the SPTA will be able to act with full effect on its establishment on the latter date.
Article 3 deals with the incorporation of SPTA.
Articles 4 to 8 and Schedule 1 provide for the appointment of members of the SPTA and associated matters such as the appointment of deputies and filling of vacancies.
Article 9 and Schedule 2 provide for the proceedings of the SPTA.
Article 10 requires the SPTA to appoint a secretary and gives it power to appoint other officers and staff. The article also provides for payment of allowances and remuneration.
Article 11 enables the SPTA to appoint committees and regulates the membership of such committees and their proceedings.
Article 12 allows the SPTA to delegate functions to a committee or to the chairman of the Authority. That delegation may be subject to restrictions or conditions. The SPTA cannot delegate functions of approval or the giving of guarantees contained in sections 15(2) or 13A of the Transport Act 1968 respectively.
Article 13 applies certain provisions of the Local Government (Scotland) Act 1973 for the purpose of regulating payment by the SPTA of allowances in respect of approved duties for financial loss, travel and subsistence, attendance at conferences and meetings and expenses of official visits etc.
Article 14 applies with necessary modifications certain provisions of the 1973 Act to regulate the position on disqualification for office, restrictions in connection with pecuniary interests, insurance against accidents to members and the giving of public notices.
Article 15 requires the Strathclyde Passenger Transport Executive, established under section 9 of the Transport Act 1968 to provide accommodation for the SPTA and its officers and staff.
Article 16 provides that until the SPTA appoints a secretary and other officers in accordance with article 10(1) their functions can be discharged by officers of councils who make up the membership of the SPTA.
Article 17 provides for the evidential value of a document validly executed by the SPTA. Such a document will be received in evidence and is sufficient evidence of the facts contained in it.
Article 18 provides that vacancies or defects in appointment are not to affect the validity of anything done by the SPTA or any of its committees.
Article 19 and Schedule 3 deal with transitional provisions to enable the SPTA to act with full effect on its establishment on 1st April 1996.
Article 20 is a provision consequential on the transfer of responsibilities from existing to new authorities and on the power given to the SPTA as from 1st April to establish travel concession schemes under section 93 of the Transport Act 1985. The article provides that the existing scheme established by Strathclyde Regional Council will be deemed to have been established by the SPTA and the councils listed in Schedule 1.
Schedule 1 lists the councils whose area forms part of the passenger transport area of the SPTA and who are entitled to appoint members of the SPTA. The Schedule also lists the number of members each council is entitled to appoint.
Schedule 2 makes specific provision for the proceedings of the SPTA. It provides for the first meeting of the SPTA and the regulation of proceedings and business at that meeting including the chairmanship. It also provides for the appointment of a chairman and vice chairmen. Certain provisions of the Local Government (Scotland) Act 1973 are applied to provide for majority voting, the recording of those present and the minutes of meetings. Provision is also made for the copying of minutes to constituent councils and the copying of papers to deputy members. General provision is made as to regulating procedure.
Schedule 3 deals with transitional provisions. The Schedule enables the members of the SPTA to be appointed after 18th December 1995 and the provisions of the Order with certain exceptions are applied to these members as they apply to the SPTA. The members are enabled to take appropriate measures during the transitional period to allow the SPTA to act with full effect on 1st April 1996. In connection with that overall purpose the members must hold their first meeting no later than 12th January 1996. To enable them to discharge their functions the members can enter into arrangements with the existing passenger transport authority and Executive.
The members can formulate estimates of the expenditure of the SPTA and provision is made for allocation of the estimated expenditure among constituent councils.

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Source: https://www.legislation.gov.uk/uksi/1995/3026/note (the official version)
Page: https://openlegislation.uk/strathclyde-passenger-transport-authority-constitution-membership-and-transitional-and-consequential-provisions-order-1995/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.