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Statutory Instruments of the Scottish Parliament


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2004 No. 396

LOCAL GOVERNMENT

The Scottish Network 1 Tourist Board Scheme Order 2004

  Made 14th September 2004 
  Laid before the Scottish Parliament 16th September 2004 
  Coming into force 1st December 2004 


ARRANGEMENT OF REGULATIONS

1. Citation and commencement
2. Interpretation
3. The scheme
4. Revocations

  SCHEDULE 1

 PART I GENERAL
1. Title of scheme
2. Interpretation

 PART II THE CONSTITUTION OF THE BOARD
3. The Board
4. Membership of the Board
5. Membership of controlling body
6. Proceedings of the Board
7. Duty to keep accounting records

 PART III FUNCTIONS AND POWERS OF THE BOARD
8. Additional functions and powers
9. Membership, formation and acquisition of companies
10. Staff

 PART IV TRANSITIONAL PROVISIONS
11. Winding-up and dissolution of existing schemes
12. Transfer of staff
13. Transfer of property, rights and liabilities

  SCHEDULE 2 REVOCATIONS

The Scottish Ministers, in exercise of the powers conferred by sections 172(1), (3) and (4) and 173 of the Local Government etc. (Scotland) Act 1994[
1] and of all other powers enabling them in that behalf, after consulting the Scottish Tourist Board and all local authorities whose areas lie within the area of the Board in accordance with section 173(4)(a) of that Act, hereby make the following Order:

Citation and commencement
     1. This Order may be cited as the Scottish Network 1 Tourist Board Scheme Order 2004 and shall come into force on 1st December 2004.

Interpretation
    
2. In this Order-

The scheme
    
3.  - (1) Subject to paragraph (2), the scheme shall have effect, as from 1st April 2005, for the establishment of the Board for the local government areas of City of Edinburgh, East Lothian, Midlothian, West Lothian, Dumfries and Galloway, City of Glasgow, East Dunbartonshire, East Renfrewshire, Inverclyde, North Lanarkshire, Renfrewshire, South Lanarkshire, Scottish Borders, East Ayrshire, North Ayrshire and South Ayrshire.

    (2) The scheme shall have effect from the date of coming into force of this Order in relation to-

Revocations
    
4. The Orders specified in Schedule 2 to this Order shall be revoked with effect from 1st April 2005.


FRANCIS McAVEETY
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
14th September 2004



SCHEDULE 1
Article 3



PART I

GENERAL

Title of scheme
     1. This scheme may be cited as the Scottish Network 1 Tourist Board Scheme 2004.

Interpretation
     2.  - (1) In this scheme-

    (2) Any reference in this scheme to a numbered paragraph is a reference to the paragraph in the scheme bearing that number.



PART II

THE CONSTITUTION OF THE BOARD

The Board
     3.  - (1) There shall be established a body to be known as the Scottish Network 1 Tourist Board for the local government areas of City of Edinburgh, City of Glasgow, Dumfries and Galloway, East Ayrshire, East Dunbartonshire, East Lothian, East Renfrewshire, Inverclyde, Midlothian, North Ayrshire, North Lanarkshire, Renfrewshire, Scottish Borders, South Ayrshire, South Lanarkshire and West Lothian.

    (2) The Board shall be a body corporate with a common seal.

Membership of the Board
     4.  - (1) The Scottish Ministers shall appoint the first and future members of the Board, which members shall be all or some of the persons who are the members of the Scottish Tourist Board from time to time, as the Scottish Ministers think fit.

    (2) The Scottish Ministers may appoint other persons as first or future members of the Board and shall be entitled to remove such persons from membership of the Board, as the Scottish Ministers think fit.

    (3) In the case of any member of the Board who is also a member of the Scottish Tourist Board, that member's membership of the Board shall terminate on the termination of that member's membership of the Scottish Tourist Board.

    (4) The maximum number of Board members shall be nine.

Membership of controlling body
     5.  - (1) The Scottish Ministers shall appoint the first members of the controlling body of the Board from among the first members of the Board whom they have appointed under paragraph 4.

    (2) Subject to sub paragraph (1), the members of the controlling body shall be appointed by the Board from among the members of the Board.

Proceedings of the Board
     6.  - (1) The Board may-

    (2) A committee shall act in accordance with such directions as the Board may from time to time give, and the Board may provide for anything done by a committee to have effect as if it had been done by the Board.

    (3) The validity of any proceedings of the Board, the controlling body or of any committee appointed by the Board shall not be affected by any vacancy among its members or by any defect in the appointment of any member.

Duty to keep accounting records
     7.  - (1) The Board shall keep accounting records which are sufficient to show and explain the transactions of the Board and are such as to disclose with reasonable accuracy, at any time, the financial position of the Board at that time.

    (2) The accounting records of the Board shall at all times be open to inspection by the Scottish Ministers.

    (3) Accounting records which the Board is required by sub paragraph (1) to keep shall be preserved by it for three years from the date on which they are made.



PART III

FUNCTIONS AND POWERS OF THE BOARD

Additional functions and powers
     8.  - (1) For the purposes of enabling the Board to carry out its principal function which is specified in section 172(2) of the 1994 Act, but subject to sub paragraph (3), the Board shall have the additional functions and powers conferred upon it by this scheme.

    (2) Without prejudice to the generality of sub paragraph (1), the Board shall have power-

    (3) The Board shall not, without the express or general consent given in writing of the Scottish Ministers (or of such body as they may direct the Board to consult) carry on activities relating to the promotion of tourism outside the United Kingdom.

Membership, formation and acquisition of companies
     9.  - (1) The Board may, subject to the conditions specified in this paragraph, form, or join with another person in forming, acquire or become a member of, a company within the meaning of the Companies Act 1985[
2].

    (2) Subject to sub-paragraph (5), the Board shall itself or together with any other area tourist board established or, as the case may be, approved under sections 172, 173 and 174 of the 1994 Act hold not less than 50 per cent of the voting rights in any company in which it holds an interest.

    (3) The memorandum of any company formed or acquired by the Board shall-

    (4) In the event that any company formed or acquired by the Board or of which the Board is a member or has an interest of whatsoever nature at any time ceases to comply with the provisions of sub paragraph (3), the Board shall immediately-

    (5) Sub-paragraph (2) shall not apply in relation to any interest in a company-

    (6) Sub paragraphs (3) and (4) shall apply in relation to an interest in a company transferred to the Board by virtue of paragraph 13 only where such interest carries the majority of voting rights in the company.

    (7) The Board shall have power to transfer to a company of which it is a member and which complies with the provisions of sub-paragraphs (2) and (3) any or all of such employees of the Board, or such property, rights and liabilities of the Board, as the Board considers appropriate to enable such company to carry out the company's activities in terms of sub-paragraph (3).

Staff
     10.  - (1) The Board may appoint, on such terms and conditions as to remuneration or otherwise as it may determine, such employees as it thinks fit.

    (2) The Board may, in the case of such of its employees or former employees as it may determine-

as it may determine.



PART IV

TRANSITIONAL PROVISIONS

Winding-up and dissolution of existing schemes
     11. Any area tourist board established for the purposes of the exciting schemes revoked under article 4 and Schedule 2 to this Order shall be wound up and dissolved with effect from that date.

Transfer of staff
     12. Any person employed on 31st March 2005 by any of the existing Boards wound up and dissolved in accordance with paragraph 11 shall transfer to the employment of the Board on 1st April 2005 on the same terms and conditions as those of his or her employment by the existing Board.

Transfer of property, rights and liabilities
     13. On 1st April 2005 there shall transfer to and vest in the Board all property, rights and liabilities of the existing Boards wound up and dissolved in accordance with paragraph 11.



SCHEDULE 2
Article 4


REVOCATIONS


Orders Revoked References
The Ayrshire and Arran Tourist Board Scheme Order 1995 S.I. 1995/1882, amended by S.I. 1995/2232
The Dumfries and Galloway Tourist Board Scheme Order 1995 S.I. 1995/1883, amended by S.I. 1995/2233
The Edinburgh and Lothians Tourist Board Scheme Order 1995 S.I. 1995/1884, amended by S.I. 1995/2234
The Greater Glasgow and Clyde Valley Tourist Board Scheme Order 1995 S.I. 1995/1885, amended by S.I. 1995/2235
The Scottish Borders Tourist Board Scheme Order 1995 S.I. 1995/1890, amended by S.I. 1995/2214
The Scottish Borders Tourist Scheme Amendment Order 1995 S.I. 1995/2214
The Ayrshire and Arran Tourist Board Scheme Amendment Order 1995 S.I. 1995/2232
The Dumfries and Galloway Tourist Board Scheme Amendment Order 1995 S.I. 1995/2233
The Edinburgh and Lothians Tourist Board Scheme Amendment Order 1995 S.I. 1995/2234
The Greater Glasgow and Clyde Valley Tourist Board Scheme Amendment Order 1995 S.I. 1995/2235
The Area Tourist Boards Amending Scheme (Scotland) Order 1998 S.I. 1998/496



EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes a scheme for the establishment of a new area tourist board for the local government areas of City of Edinburgh, East Lothian, Midlothian, West Lothian, Dumfries and Galloway, City of Glasgow, East Dunbartonshire, East Renfrewshire, Inverclyde, North Lanarkshire, Renfrewshire, South Lanarkshire, Scottish Borders, East Ayrshire, North Ayrshire and South Ayrshire ("the Board"). The Board is to be called "the Scottish Network 1 Tourist Board".

The following existing tourist boards for these areas shall be wound up with effect from 1st April 2005:

Article 3 provides that the scheme set out in Schedule 1 to the Order shall have effect from 1st April 2005, but provides that the scheme shall have effect from the date of coming into force of the Order, namely 1st December 2004, in relation to-

The scheme deals with-


Notes:

[1] 1994 c.39. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[2] 1985 c.6.back



ISBN 0 11069244 6


  © Crown copyright 2004

Prepared 28 September 2004


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