126ABoards for proposed schemes for areas in England

1

Where the senior traffic commissioner receives a copy of a notice sent by the authority or authorities pursuant to section 125(1)(d), a board (a “QCS board”) is to be constituted in accordance with the provisions of this Part to discharge the functions of such a board in relation to the proposed scheme.

2

The board is to consist of 3 members.

3

The members shall be—

a

one traffic commissioner (“the Commissioner”),

b

two persons drawn from a panel of persons appointed by the Secretary of State for the purposes of this section.

4

The Commissioner is to chair the board.

5

Within a prescribed period of receiving the copy of the notice mentioned in subsection (1), the senior traffic commissioner is to—

a

designate the traffic commissioner who is to be the Commissioner in the case of the particular board,

b

give notice of that designation to the authority or authorities, in accordance with the prescribed procedure, identifying the person designated,

c

publish, in such manner as may be prescribed, notice of the designation, identifying the person designated.

6

The traffic commissioner who is to be so designated is that one of the traffic commissioners whom the senior traffic commissioner considers most appropriate in all the circumstances of the particular case by reason of any particular knowledge or experience that the traffic commissioner may have.

This is subject to subsections (7) and (8).

7

If the senior traffic commissioner considers that the traffic commissioner who would otherwise fall to be designated to be the Commissioner ought not to be so designated—

a

because of the traffic commissioner’s illness, incapacity, absence or impending vacation of office, or

b

because the traffic commissioner is prevented from being the Commissioner by subsection (8),

the senior traffic commissioner is to designate a different traffic commissioner to be the Commissioner.

8

A traffic commissioner whose ability to act impartially in the case of any particular scheme is, in the opinion of that traffic commissioner, in any way impaired must not act as the Commissioner in relation to that scheme.

9

If the senior traffic commissioner is unable to discharge the duty to make a designation under subsection (5), the duties of the senior traffic commissioner under that subsection are to be discharged by the Secretary of State instead.

10

The persons who are to be members of the board by virtue of subsection (3)(b) are to be designated in such manner and at such time as may be prescribed.

11

The Secretary of State shall pay to each person appointed under subsection (3)(b) such remuneration in respect of the person’s services as may be determined by the Secretary of State with the consent of the Treasury.

12

In this section “prescribed” means prescribed in regulations under section 126E or 133.

“QCS board” is to be read in accordance with section 126A(1),