Commentary Part 5: Integrated Transport Authorities etc. Section 79: Provision that may be made in an order under section 78
213.This section sets out the provision that be made in an order under section 78. Subsection (2) provides that where an order is made creating a new ITA, it must provide that a majority of the ITA’s members must be elected members of the “constituent councils” (as defined in subsection (3)) that make up the integrated transport area, appointed by the council to which they were elected. It also provides that such an order must provide for each “representative council” (as defined in subsection (4)) to appoint at least one of its elected members to the ITA.
214.The effect of subsections (5) and (6) is that where ITA members are to be appointed otherwise than by a constituent council from among its elected members, the order must provide for those members to be non-voting members of the ITA. The voting members of the ITA are then given a power to resolve to give a non-voting member a vote.