This Statutory Instrument has been made in consequence of defects in S.I. 1995/1882 and is being issued free of charge to all known recipients of that Statutory Instrument.

1995 No. 2232 (S.160)

LOCAL GOVERNMENT, SCOTLAND

The Ayrshire and Arran Tourist Board Scheme Amendment Order 1995

Made

Coming into force

The Secretary of State, in exercise of the powers conferred on him by section 173(1) and (2)(e) of the Local Government etc. (Scotland) Act 19941 and of all other powers enabling him in that behalf and after consulting the Scottish Tourist Board, The East Ayrshire Council, The North Ayrshire Council and The South Ayrshire Council in accordance with section 173(4)(a) of that Act, hereby makes the following Order:

Citation, commencement and interpretation1

1

This Order may be cited as the Ayrshire and Arran Tourist Board Scheme Amendment Order 1995 and shall come into force on 31st August 1995.

2

In this Order “the scheme” means the Ayrshire and Arran Tourist Board Scheme 19952.

Amendment of the scheme

2

In paragraph 4 of the scheme (membership of the Board)—

a

for sub-paragraph (3)(b) there shall be substituted—

b

i

persons, not exceeding 5 in number, to be nominated by the council for the local government area of East Ayrshire to be persons representative of that council on the Board; and

ii

persons, not exceeding 5 in number, to be nominated by the council for the local government area of North Ayrshire to be persons representative of that council on the Board; and

iii

persons, not exceeding 5 in number, to be nominated by the council for the local government area of South Ayrshire to be persons representative of that council on the Board;

b

after sub-paragraph (3) there shall be inserted—

4

Each member of the Board shall have one vote.

3

In paragraph 5 of the scheme (membership of controlling body), after sub-paragraph (2) there shall be inserted—

3

Each member of the controlling body shall have one vote.

4

The appointment of a member of the controlling body of the Board by the Secretary of State under sub-paragraph (1) shall terminate 28 days after the date of the first general meeting of the Board.

4

In paragraph 6 of the scheme (proceedings of the Board), after sub-paragraph (3) there shall be inserted—

4

The decision of the Board or of the controlling body of the Board on any matter shall be decided by a majority of members present and voting thereon.

5

In the case of an equality of votes the member presiding at the meeting of the Board or as the case may be of the controlling body of the Board shall have a second or casting vote except where the matter which is the subject of the vote is one to which sub-paragraph (6) applies, in which case the decision shall be by lot.

6

This sub-paragraph applies—

a

to the appointment of a person to be a member of the Board;

b

to the appointment of a member to be a member of the controlling body of the Board; and

c

to the appointment of a member to any particular office or committee.

George KynochParliamentary Under Secretary of State, Scottish OfficeSt Andrew’s House,Edinburgh

(This note is not part of the Order)

This Order amends the Ayrshire and Arran Tourist Board Scheme 1995 (S.I. 1995/1882) (“the scheme”).

Paragraph 4(3)(b) of the scheme provides that there may be appointed to membership of the Board the council for any local government area lying within the area of the Board. This Order substitutes therefor in relation to each such council provision for the appointment of persons, not exceeding 5 in number, to be nominated by such council to be persons representative of the council on the Board (article 2(a)).

The Order also provides that—

a

each member of the Board and of the controlling body shall have one vote (articles 2(b) and 3);

b

the appointment of the first members of the controlling body of the Board by the Secretary of State shall terminate 28 days after the date of the first general meeting of the Board (article 3);

c

decisions of the Board and of the controlling body of the Board shall be by majority (article 4); and

d

in the case of equality of votes the member presiding shall have a second or casting vote (except where the matter relates to the appointment of a member of the Board or of the controlling body of the Board or a member to any office or committee which is to be resolved by lot) (article 4).