Commentary Part 5: Integrated Transport Authorities etc. Section 85: Provision that may be made in an order under section 84: membership of ITA
226.This section describes the provision that may be made in an order under section 84. Subsection (1) provides that where an order is made in relation to the constitution of an existing ITA and that order includes provision about the ITA’s membership, it must provide that a majority of the ITA’s members must be elected members of the ITA’s “constituent councils” (as defined in subsection (2)), appointed by the council to which they were elected. It also requires such an order to provide for each of the “representative councils” (as defined in subsection (3)) to appoint at least one of its elected members to the ITA.
227.The effect of subsections (4) and (5) is that where some ITA members are to be appointed otherwise than by a constituent council from among its elected members, the order must provide for them to be non-voting members of the ITA. However, the voting members of the ITA may resolve that a non-voting member is to be able to vote.