Transport Bill - continued        House of Lords

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SCHEDULE 14
 
  STRATEGIC RAIL AUTHORITY
  PART I
  MEMBERS AND STAFF
 
Tenure of members
     1. - (1) Subject to the following provisions of this paragraph, members of the Authority shall hold and vacate office as members in accordance with the terms of their appointments.
 
      (2) A member of the Authority shall be eligible for re-appointment on ceasing to be a member.
 
      (3) A member of the Authority may at any time resign from membership by giving notice to the Secretary of State.
 
      (4) The Secretary of State may terminate the appointment of a person as a member of the Authority if satisfied-
 
 
    (a) that the person has been absent from meetings of the Authority for a period of more than three months without the permission of the Authority,
 
    (b) that the person has been adjudged bankrupt, that the person's estate has been sequestrated or that the person has made a composition or arrangement with, or granted a trust deed for, creditors, or
 
    (c) that the person is unable or unfit to carry out the functions of a member.
 
Member appointed to chair Authority and deputy
     2. - (1) Subject to the following provisions of this paragraph-
 
 
    (a) the member appointed to chair the Authority, and
 
    (b) any member appointed to act as deputy to that member,
       shall hold and vacate office as such in accordance with the terms of their appointments.
 
      (2) A member appointed to chair the Authority, or to act as deputy to that member, shall be eligible for re-appointment on ceasing to hold office as such (if still a member of the Authority).
 
      (3) A member so appointed may at any time resign from office as such by giving notice to the Secretary of State.
 
      (4) A member so appointed shall vacate office as such on ceasing to be a member of the Authority.
 
      (5) When a member-
 
 
    (a) is appointed to chair the Authority or to act as deputy to that member, or
 
    (b) ceases to hold office as such,
       the Secretary of State may vary the terms of the member's appointment as a member of the Authority so as to alter the date of cessation of membership.
 
 
Remuneration, pensions etc. for members
     3. - (1) The Authority shall pay to its members-
 
 
    (a) any such remuneration, and
 
    (b) any such travelling and other allowances,
       as may be determined by the Secretary of State.
 
      (2) The Authority shall, if required to do so by the Secretary of State-
 
 
    (a) pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who is or has been a member of the Authority,
 
    (b) make such payments as may be determined by the Secretary of State towards provision for the payment of a pension, allowances or gratuities to or in respect of a person who is or has been a member of the Authority, or
 
    (c) provide and maintain such schemes (whether contributory or not) as may be determined by the Secretary of State for the payment of pensions, allowances or gratuities to or in respect of persons who are or have been members of the Authority.
      (3) If, when a person ceases to hold office as a member of the Authority, the Secretary of State determines that there are special circumstances which make it right that the person should receive compensation, the Authority shall pay such compensation as may be determined by the Secretary of State.
 
 
Staff
     4. - (1) The Authority may employ such persons (in addition to the chief executive) as it may determine.
 
      (2) The terms of employment of employees of the Authority shall be such as the Authority may determine.
 
     5. - (1) The Authority may, in particular-
 
 
    (a) pay such pensions, allowances or gratuities as it may determine to or in respect of persons who are or have been employees of the Authority,
 
    (b) make such payments as it may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of such persons, or
 
    (c) provide and maintain such schemes (whether contributory or not) as it may determine for the payment of pensions, allowances or gratuities to or in respect of such persons.
      (2) References in sub-paragraph (1) to pensions, allowances or gratuities include pensions, allowances or gratuities by way of compensation in respect of loss of employment or loss or diminution of emoluments.
 
     6. - (1) The persons to whom section 1 of the Superannuation Act 1972 applies (persons to or in respect of whom benefits may be provided by schemes under that section) shall include employees of the Authority; and, accordingly, in Schedule 1 to that Act, at the appropriate point in the list of "Other Bodies", insert-
 
 
 
    " The Strategic Rail Authority."
      (2) If a person who is, by reference to employment by the Authority, a participant in a scheme under section 1 of the Superannuation Act 1972 becomes a member of the Authority, the Minister for the Civil Service may determine that the person's term of office as such shall be treated for the purposes of the scheme as employment by the Authority.
 
      (3) The Authority shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) or (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
 
      (4) The Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit, delegate to the Authority the function of administering a scheme under section 1 of the Superannuation Act 1972, so far as relating to employees of the Authority.
 
      (5) If he does so, the Authority may, to such extent and subject to such conditions as it may determine, authorise the exercise of that function by, or by employees of, any person.
 
      (6) Where a person is authorised under sub-paragraph (5) to exercise that function, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by or in relation to the Authority.
 
      (7) Sub-paragraph (6) does not apply for the purposes of-
 
 
    (a) any criminal proceedings against the authorised person (or an employee of his), or
 
    (b) any contract between him and the Authority, so far as relating to the function.
 
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