Local Transport Act 2008 (c. 26)

Part 5 E+W Integrated Transport Authorities etc

Chapter 2 E+W Arrangements relating to Integrated Transport Authorities

Other powers to make orders about arrangements relating to an ITA E+W

85 Provision that may be made in an order under section 84: membership of ITA E+W

(1) An order made by virtue of section 84(2)(a) which includes provision about the number and appointment of members of the ITA must provide—

(a) for a majority of the members of the ITA to be appointed by the ITA's constituent councils (see subsection (2)),

(b) for those members to be appointed from among the elected members of the constituent councils, and

(c) for each of the representative councils (see subsection (3)) to appoint at least one of its elected members as a member of the ITA.

(2) For the purposes of this section, the constituent councils of an ITA are—

(a) any county council, and

(b) any district council,

for an area within the integrated transport area of the ITA.

(3) For the purposes of subsection (1)(c), the following councils are representative councils in respect of an area which is, or is to be designated as, the integrated transport area of an ITA—

(a) if that area includes the whole of a county, the county council;

(b) if that area includes a metropolitan district or a non-metropolitan district comprised in an area for which there is no county council, the district council;

(c) if that area includes one or more districts in a county but does not include the whole county, either the county council or the council for each of those districts (as determined by or in accordance with the order).

(4) If an order under section 84 provides (by virtue of subsection (2)(a) of that section) for members of an ITA to be appointed otherwise than from among the elected members of its constituent councils, the order must provide (by virtue of subsection (2)(b) of that section) for those members to be non-voting members.

(5) The voting members of an ITA may resolve that provision made in accordance with subsection (4) is not to apply in the case of the ITA.

Modifications etc. (not altering text)

C1 S. 85 applied (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 104(2), 148(6); S.I. 2009/3318, art. 2(a)

C2 S. 85 applied (with modifications) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 25

Commencement Information

I1 S. 85 partly in force; s. 85 in force at Royal Assent for certain purposes see s. 134

I2 S. 85 in force at 9.2.2009 in so far as not already in force by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1