The Mobility and Access Committee for Scotland Regulations 2002

Scottish Statutory Instruments

2002 No. 69

TRANSPORT

The Mobility and Access Committee for Scotland Regulations 2002

Made

25th February 2002

Laid before the Scottish Parliament

26th February 2002

Coming into force

22nd March 2002

The Scottish Ministers, in exercise of the powers conferred by sections 72 and 81(2) of the Transport (Scotland) Act 2001(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Mobility and Access Committee for Scotland Regulations 2002 and shall come into force on 22nd March 2002.

(2) In these Regulations “the committee” means the committee established by regulation 2.

Establishment of Committee

2.  There is hereby established a committee, to be known as the “Mobility and Access Committee for Scotland”, for the purposes mentioned in section 72(1) of the Transport (Scotland) Act 2001.

Membership

3.—(1) The committee shall consist of–

(a) a convener; and

(b) at least 9, but not more than 14, other members

appointed by the Scottish Ministers.

(2) The convener of the committee shall be a disabled person and at least one-half of the total number of members of the committee (including the convener) shall be disabled persons.

(3) In paragraph (2) above “disabled person” has the same meaning as in the Disability Discrimination Act 1995(2).

Appointment and tenure of office

4.—(1) Any person appointed to be a member of the committee shall hold and vacate office in accordance with the terms of that person’s appointment and shall, on ceasing to be a member of the committee, be eligible for re-appointment.

(2) Any person so appointed may at any time resign by written notice given to the Scottish Ministers.

Administration etc.

5.—(1) The Scottish Ministers shall provide the committee with funds with which to pay to its members such travelling and other allowances, and to defray such other expenses in connection with its functions, as the Scottish Ministers may determine.

(2) The Scottish Ministers shall make arrangements for the committee to be provided with such administrative support and office accommodation, as they consider appropriate.

Constitution and procedure

6.—(1) The committee shall meet whenever convened by the convener and at least four times a year.

(2) Without prejudice to the discretion of the convener to call a meeting whenever the convener thinks fit, the convener shall call a meeting when required to do so by any five members of the committee.

(3) Minutes shall be kept of the proceedings of every meeting of the committee.

(4) Subject to the preceding provisions of this regulation, the committee shall determine its own procedure (including the quorum) at its meetings.

Delegation of functions

7.  The committee may delegate the exercise and performance of any of its functions to such of its sub-committees as it thinks fit.

Vacancy amongst members

8.  The validity of any proceedings of the committee shall not be affected by any vacancy amongst the members, by any defect in the appointment of a member or by any failure to comply with a requirement imposed by these Regulations.

Work programme

9.  The committee shall, after consulting with such persons as it considers appropriate, prepare and publish, by no later than 30th November in each year, a proposed work programme for the next following calendar year detailing such matters relating to the needs of disabled persons in connection with transport as the committee think appropriate.

Reports to the Scottish Ministers

10.  The committee shall prepare and submit to the Scottish Ministers by 28th February each year a report for the previous calendar year which gives advice to the Scottish Ministers on such matters relating to the needs of disabled persons in connection with transport as the committee think appropriate.

LEWIS MACDONALD

Authorised to sign by the Scottish Executive

St Andrew’s House,

Edinburgh

25th February 2002

Explanatory Note

(This note is not part of the Regulations)

These regulations, which are made under sections 79 and 81(2) of the Transport (Scotland) Act 2001 establish a committee, to be known as the Mobility and Access Committee for Scotland. The committee will consider such matters relating to the needs of disabled persons in connection with transport and also give advice to the Scottish Ministers in relation to such matters as the committee thinks appropriate.

Regulation 2 establishes the committee.

Regulation 3 details the constitution of the committee.

Regulation 4 provides details of the appointment and tenure of office for members of the committee.

Regulation 5 provides for administrative arrangements.

Regulation 6 provides for the constitution and procedure for the committee.

Regulation 7 enables the committee to delegate the exercise and performance of any of its functions to sub-committees.

Regulation 8 provides that the validity of the proceedings of the committee are not affected by a vacancy amongst the members.

Regulation 9 provides that the committee is to prepare a work programme detailing its proposed work for the following calendar year.

Regulation 10 provides that the committee is to prepare a report to Scottish Ministers which provides Scottish Ministers with advice on matters relating to the needs of disabled persons in connection with transport as the committee thinks appropriate.

(1)

2001 asp 2.

(2)

1995 c. 50.