Railways and Transport Safety Act 2003

Section 15

SCHEDULE 1 Office of Rail Regulation

Constitution

1 (1) The Office of Rail Regulation shall consist of a chairman and at least four other members appointed by the Secretary of State.

(2) The chairman or another member—

(a) may not be appointed for a term of more than five years (but may be reappointed),

(b) may resign by notice in writing to the Secretary of State, and

(c) shall hold and vacate office in accordance with the terms of his appointment.

(3) Before appointing a member other than the chairman the Secretary of State shall consult the chairman.

2 The Secretary of State may dismiss a member of the Office by notice in writing on the grounds that the member—

(a) has been absent from meetings of the Office without permission of the Office during a period of more than three months,

(b) has a financial or other personal interest which is likely to influence the performance of his functions as a member,

(c) is the subject of a bankruptcy restrictions order (or interim order),

(d) has had his estate sequestrated in Scotland or, under Scots law, has made a composition or arrangement with, or granted a trust deed for, his creditors,

(e) has misbehaved, or

(f) is unable, unfit or unwilling to perform his functions as a member.

Staff

3 (1) The Office shall appoint a Chief Executive.

(2) Before appointing a Chief Executive the Office shall—

(a) consult the Secretary of State, and

(b) obtain the Treasury’s approval of the terms and conditions of appointment.

4 (1) The Office may appoint other employees.

(2) The power under sub-paragraph (1) may be exercised only if the Office has the approval of the Treasury as to—

(a) numbers, and

(b) terms and conditions of employment.

5 Service as an employee of the Office is employment in the civil service of the State.

Proceedings

6 The Office may establish one or more committees (which may include persons who are neither members of nor employed by the Office).

7 The Office may delegate a function to—

(a) the Chief Executive or another employee, or

(b) a committee.

8 The Office shall—

(a) determine arrangements for the conduct of its proceedings (which may, in particular, include arrangements for a quorum), and

(b) publish those arrangements.

9 (1) The Office may do anything which it thinks necessary or expedient for the purpose of or in connection with the performance of its functions.

(2) Sub-paragraph (1) is subject to paragraph 16.

10 The validity of any proceedings of the Office shall not be affected by—

(a) a vacancy, or

(b) a defective appointment.

Money

11 The Office may with the approval of the Secretary of State make to or in respect of members of the Office, employees or committee-members payments by way of or in respect of—

(a) remuneration;

(b) pension;

(c) allowances;

(d) expenses.

12 (1) This paragraph applies where an employee of the Office becomes a member of the Office.

(2) The Secretary of State may determine that the person’s term as a member shall be treated for the purposes of a scheme under section 1 of the Superannuation Act 1972 (c. 11) (civil service pension scheme) as employment in the civil service of the State.

13 If the Secretary of State thinks that special circumstances of a person’s ceasing to be a member of the Office make it appropriate to pay him compensation, the Office may pay him compensation of an amount approved by the Secretary of State (whether or not he receives other benefits by way of pension).

14 The Office may incur expenditure in connection with advisory or other services provided to the Office.

15 Expenditure incurred by the Office in connection with the performance of its functions shall (to the extent not met by other income of the Office) be paid out of money provided by Parliament.

16 The Office may not borrow money.

Conflict of interest

17 (1) Before appointing a person as a member of the Office the Secretary of State shall satisfy himself that the person neither has nor is expected to acquire a financial or other personal interest which is likely to influence the performance of his functions as a member.

(2) From time to time the Secretary of State shall satisfy himself that no member of the Office has a financial or other personal interest which is likely to influence the performance of his functions as a member.

18 (1) Procedural arrangements made by the Office under paragraph 8 shall include arrangements under which a member, employee or committee-member who has a financial or other personal interest which is likely to influence his performance of a particular function is obliged—

(a) to declare the interest, and

(b) to withdraw from the performance of the function to the relevant extent.

(2) Procedural arrangements made by the Office under paragraph 8 shall include arrangements under which a member, employee or committee-member who has a financial or other personal interest which is relevant to a particular function but does not fall under sub-paragraph (1) is obliged—

(a) to declare the interest, and

(b) unless the members of the Office direct otherwise, to withdraw from the performance of the function to the relevant extent.