125A The Public Transport Users' Committee for England
(1) The Secretary of State may by order establish a body corporate, to be known as the Public Transport Users' Committee for England.
A body established under this subsection is referred to in this section and sections 125B and 125C as the Committee.
(2) The Secretary of State may by order provide for a body established under subsection (1) to be known by a different name.
(3) An order under subsection (1) may include provision—
(a) about the status and membership of the Committee (including how members are to be appointed);
(b) about the proceedings of the Committee;
(c) about the declaration by members of any financial or other interests, and the recording of such interests;
(d) about officers and staff of the Committee;
(e) about the discharge of functions of the Committee (including provision for the discharge of functions by sub-committees with members who are not all members of the Committee);
(f) about the making of reports by the Committee to—
(i) the Secretary of State, or
(ii) such other person as the Secretary of State may determine;
(g) about the making of payments to or in respect of officers, staff and members of the Committee;
(h) about the payment of pensions and the making of other payments to or in respect of former officers and staff of the Committee;
(i) about the keeping of accounts by the Committee and their audit and submission to the Secretary of State;
(j) about the acquisition and disposal by the Committee of property, rights and liabilities (including land);
(k) authorising the Committee to charge for any services it provides in the discharge of any of its functions;
(l) requiring the Committee to have regard to the policies and activities of such other persons or bodies as the Secretary of State may determine;
(m) for the transfer of staff, property, rights and liabilities to the Committee.
(4) The Secretary of State may make payments to the Committee of such amounts, at such times, and on such conditions (if any) as the Secretary of State considers appropriate.
(5) The Secretary of State may by order make provision for the transfer of staff, property, rights and liabilities from the Committee to any other person.
(6) An order made by virtue of subsection (2) may make such provision, including provision amending, repealing or revoking any provision of this Act or any other enactment (whenever passed or made), as appears to the Secretary of State to be necessary in consequence of the order.
In this subsection “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
(7) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
(1) The Committee may consider and make recommendations or representations to the Secretary of State about any matter relating to—
(a) prescribed public passenger transport services, or public passenger transport services that are of a prescribed description, to the extent that they operate in England; or
(b) prescribed public passenger transport facilities in England, or public passenger transport facilities in England that are of a prescribed description.
(2) The Committee must consider and make recommendations to the Secretary of State about any such matter if asked to do so by the Secretary of State.
(3) The Secretary of State may by order—
(a) confer further functions on the Committee;
(b) remove functions from the Committee;
(c) make changes to any functions of the Committee;
(d) transfer any functions of the Committee to another person (including to the Secretary of State).
(4) An order under subsection (3) may confer a function on the Committee, or make changes to a function of the Committee, only if the new function, or the function as changed, relates to—
(a) public passenger transport services, so far as operating in England; or
(b) public passenger transport facilities in England.
(5) The functions that may be conferred on the Committee under subsection (3)(a) include a power—
(a) to enter into arrangements with another body for discharging functions on behalf of that body in relation to England;
(b) to give effect to any such arrangements;
(c) to enter into arrangements with another body for that body to discharge any functions of the Committee on behalf of the Committee.
(6) The discharge of a function by the Committee on behalf of another body does not affect the responsibility of the body for the discharge of the function.
(7) The discharge of a function by another body on behalf of the Committee does not affect the responsibility of the Committee for the discharge of the function.
(8) The provision that may be made in an order under subsection (3) includes provision amending or repealing any provision of this Act or any other enactment conferring functions on the Committee.
(9) The Committee may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.
(10) In this section—
“prescribed” means prescribed by order made by the Secretary of State;
“public passenger transport facilities” means facilities for public passenger transport services.
(11) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
125C Power to confer functions in relation to the Committee
(1) This section applies where an order under section 125B(3) confers on the Committee power to make recommendations or representations to a body or person.
(2) The Secretary of State may by order confer on the body or person functions in respect of such recommendations or representations.
(3) An order under this section may confer a function on a body or person only if the new function relates to—
(a) public passenger transport services, so far as operating in England; or
(b) public passenger transport facilities in England.
(4) The provision that may be made in an order under this section includes provision amending, repealing or revoking any provision of this Act or any other enactment (whenever passed or made) conferring functions on the body or person.
(5) In this section “public passenger transport facilities” has the same meaning as in section 125B.
(6) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
126 Application of sections 52 and 56 of the 1981 Act.
(1) The power under section 52(1) of the 1981 Act (fees for grant of licences, etc.) to prescribe fees chargeable by traffic commissioners shall apply in relation to fees so chargeable in respect of—
(a) applications for the registration of services under section 6 of this Act and for the variation or cancellation of such registrations;
(aa) the continuation in force of registrations under that section;
(b) the issue of any documents issued in accordance with regulations under that section with respect to registrations under that section;
(c) applications for, and the grant of, permits under section 19 or 22 of this Act; and
(d) applications for, and the grant of, London local service licences.
(2) Subsection (2) of that section (power of traffic commissioners to decline to proceed until any fee or instalment of a fee is paid) shall accordingly apply as if subsection (1) above were included in subsection (1) of that section; and for that purpose the references in subsection (2) of that section to licences shall include references to permits.
(3) Section 56 of the 1981 Act (records of licences) shall apply in relation to each of the following —
(a) registrations under section 6 of this Act;
(b) traffic regulation conditions determined under section 7 of this Act;
(bb) permits under section 19 or 22 of this Act granted, varied or revoked by a traffic commissioner;
(bc) copies of permits submitted to a traffic commissioner by way of a return made pursuant to an order under section 19(7)(c) of this Act;
(c) London local service licences granted under Part II of this Act;
as it applies in relation to licences granted under that Act.
(1) Section 65 of the 1981 Act (forgery and misuse of documents) shall apply to the following documents, namely—
(a) a permit under section 19 or 22 of this Act; and
(b) a London local service licence.
(2) Section 66 of that Act (false statements to obtain licence, etc.) shall apply in relation to a false statement for the purpose of obtaining the grant of any such permit or licence as it applies in relation to a false statement for the purposes there mentioned.
(3) Section 67 of that Act (penalty for breach of regulations under that Act) shall have effect as if Parts I and II of this Act were contained in that Act.
(4) The defence provided by section 68(3) of that Act (that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of an offence under certain provisions of that Act) shall apply in relation to an offence under any of the following provisions of this Act, that is to say, sections 23(5), 30(2), 35(6) and 38(7).
(5) The provisions of that Act mentioned in subsection (6) below shall apply in relation to an offence, or (as the case may be) in relation to proceedings for an offence, under Part I or II of this Act as they apply in relation to an offence, or in relation to proceedings for an offence, under Part II of that Act.
(6) Those provisions are—
section 69 (restriction on institution in England or Wales of proceedings for an offence under Part II);
section 70 (duty to give information as to identity of driver in certain cases);
section 71 (evidence by certificate in proceedings in England or Wales for an offence under Part II);
section 72 (proof in summary proceedings in England or Wales of identity of driver of vehicle); and
section 74 (offences under Part II committed by companies).
(7) Section 75 of that Act (destination of fines in respect of certain offences committed in Scotland) shall have effect as if Part I of this Act were contained in provisions of that Act preceding section 75.
(1) The provisions of the 1981 Act mentioned in subsection (2) below shall have effect as if Parts I and II of this Act were contained in that Act.
(2) Those provisions are—
sections 76 and 77 (power of Secretary of State to hold inquiries for the purposes of that Act and general provisions as to inquiries so held); and
section 85 (nothing in that Act to authorise a nuisance).
(1) This section applies to any scheme under section 50(2), 59, 61(9) or 68 of this Act (referred to below in this section as a transfer scheme).
(2) A transfer scheme may define the property, rights and liabilities to be transferred by the scheme—
(a) by specifying the property, rights or liabilities in question; or
(b) by referring to all the property, rights and liabilities comprised in the whole or any specified part of the transferor’s undertaking;(or partly in one way and partly in the other) and may contain such supplementary, incidental and consequential provisions as may appear to the authority making the scheme to be necessary or expedient (including in particular, but without prejudice to the generality of that, provision with respect to the consideration to be provided by the transferee for any transfer under the scheme).
(3) Subject to the following provisions of this section, Schedule 4 to the 1968 Act (supplementary provisions as to certain transfers of property, rights and liabilities) shall apply to any transfer under section 50(4), 59(7), 61(11) or 68(7) of this Act; and each of those provisions shall have effect subject to the provisions of that Schedule.
(4) In Schedule 4 as it applies by virtue of subsection (3) above—
(a) any reference to a transfer by or a vesting by virtue of that Act shall be read as a reference to a transfer by or a vesting by virtue of the transfer scheme in question; and
(b) the reference in paragraph 13(5) to the relevant provisions of that Act shall be read as including a reference to the relevant provisions of this Act.
(5) The Secretary of State may by order make modifications in Schedule 4 for the purposes of its application to transfers under section 50(4), 59(7), 61(11) or 68(7) of this Act.
(1) Section 16(1)(a) of the Finance Act 1970 (which excludes precept income and grants in computing the profits of a Passenger Transport Executive chargeable to corporation tax) shall not apply with respect to any accounting period beginning on or after the passing of this Act.
(2) In computing for the purposes of the Corporation Tax Acts the profit or loss of a Passenger Transport Executive for any accounting period beginning on or after the passing of this Act, the loss of any earlier accounting period shall be computed as if section 16(1)(a) of the Finance Act 1970 had not been enacted.
(3) For the purposes of the Taxation of Chargeable Gains Act 1992, the transfer under section 59(8) or section 85(4) of this Act of any asset from a Passenger Transport Executive to an Integrated Transport Authority or a Passenger Transport Authority shall be deemed to be for a consideration such that no gain or loss accrues to the Executive; and Schedule 2 to that Act (assets held on 6th April 1965) shall have effect in relation to any asset so transferred as if the acquisition or provision of it by the Executive had been the acquisition or provision of it by the Authority.
(4) If, under section 59 of this Act, a company is formed by a Passenger Transport Executive and the shares in or securities of that company are subsequently transferred to a Passenger Transport Authority, section 178 or 179 of the Taxation of Chargeable Gains Act 1992 (deemed disposals of assets for capital gains purposes where member leaves group) shall not have effect as respects any of the assets of the company on its ceasing to be a 75 per cent. subsidiary (within the meaning of the Tax Acts) of the Executive.
(1)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Stamp duty shall not be chargeable—
(a) on any scheme made under section 50(2) of this Act or on any scheme or order made under any provision of Part IV of this Act; or
(b) on any instrument which is certified to the Commissioners of Inland Revenue by the transferring authority or (as the case may be) by both or all the transferring authorities as having been made or executed in pursuance of Schedule 4 to the 1968 Act as it applies by virtue of any provision of this Act in relation to a transfer in pursuance of any such scheme or order; or
(c) on any instrument which is so certified as having been made or executed for the purpose of giving effect to any transfer authorised by section 50(1) or (as the case may be) required under section 59(8) of this Act.
(7) No such instrument as is mentioned in subsection (6)(b) or (c) above shall be treated as duly stamped unless it is stamped with the duty to which it would but for subsection (6) above be liable or it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.
Section 58(1) of the 1981 Act (power to modify the provisions of that Act in their application to the operation of vehicles and the provision of services by persons in partnership) shall apply in relation to the provisions of this Act.
133 Functions of Passenger Transport Authorities and Executives Authorities and Executives: supplementary.
(1) In Part II of the 1968 Act, the references to that Part of that Act or (as the case may be) to that Act mentioned in subsection (2) below shall include references to this Act.
(2) Those references are—
(a) the references to that Part of that Act in section 12(2), (3)(d) and (g) (borrowing powers of Executive) and in section 15(5) (expenditure by Authority in performing their functions to be defrayed by Executive); and
(b) the reference to that Act in section 12(5)(b) (which refers to rights of priority in respect of any liability assumed by or transferred to an Executive in pursuance of that Act).
(1) Section 60 of the 1981 Act (general power to make regulations for purposes of that Act) shall have effect as if Parts I and II of this Act were contained in that Act.
(2) In that section—
(a) in subsection (1) (which, in effect, provides that all regulations authorised under that Act are to be made under that section) the words from “for any purpose” to “generally” and the words from “and regulations under this section” to the end of the subsection shall be omitted;
(b) the following subsection shall be inserted after subsection (1)—
(1A) Regulations made under any provision of this Act may make different provision for different cases to which the regulations apply, and may in particular—
(a) make different provision as respects different areas; and
(b) make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances.
;
(c) in subsection (2) (which defines “regulations” as meaning regulations under that section), for the words “under this section” there shall be substituted the words “by the Secretary of State”; and
(d) subsection (3) (which excepts certain provisions of that Act from being included in references to that Act in that section and is unnecessary in view of the amendments made above in this section) shall be omitted.
(3) The power to make regulations under that section, as it applies by virtue of this section, shall extend to any of the following matters—
(a) applications for, and the issue of, permits under section 19 or 22 of this Act; and
(b) the issue of copies of such permits in the case of permits lost or destroyed.
(4) The Secretary of State may make regulations under this section for the purpose of carrying the provisions of this Act (apart from Parts I and II) into effect.
(5) Regulations or rules made under any provision of this Act (other than one contained in Part I or II), and any order made by the Secretary of State under any provision of this Act (including one so contained), may make different provision for different cases to which those regulations or rules or (as the case may be) to which that order applies, and may in particular make different provision as respects different areas.
(6) Regulations made by the Welsh Ministers under any of the specified provisions may make different provision for different cases to which the regulations apply, and may in particular—
(a) make different provision as respects different areas; and
(b) make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances.
(7) The ““specified provisions”” are—
(a) section 6(2), (3) and (9);
(b) section 6A(11);
(c) section 6B(5) and (7);
(d) section 7(6)(d), (9) and (11);
(e) section 10(5)(c) and (8).
(8) An order made by the Welsh Ministers under section 13(1) may make different provision for different cases to which the order applies, and may in particular make different provision as respects different areas.
135 Procedure for making regulations, rules and orders.
(1) Section 61 of the 1981 Act (procedure for making regulations under that Act) shall have effect as if Parts I and II of this Act were contained in that Act; . . .
(1A) But section 61(2) of the 1981 Act (consultation with representative organisations) does not apply to regulations made under sections 6ZA(2) or (5), 6ZB(2) or 6ZC(1) of this Act.
(2) Any power of the Secretary of State—
(a) to make regulations or rules under any provision of this Act (other than one contained in Part I or II); or
(b) to make an order under any provision of this Act (including one so contained);
shall be exercisable by statutory instrument.
(3) Subject to subsection (4) subsections (4) and (4A) below, any statutory instrument containing any such regulations, rules or orders shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Subsection (3) above does not apply to a statutory instrument containing an order under section 46, 52(5), 53(1), 85 , 125A, 125B, 125C or 140(2) of this Act.
(4A) Regulations under section 6ZC(1), which make provision of the type mentioned in paragraph (d) of that section, are subject to the affirmative procedure.
(5) The power of the Welsh Ministers to make regulations or an order under any of the specified provisions (see subsection (8)) is exercisable by statutory instrument.
(6) A statutory instrument containing regulations or an order made by the Welsh Ministers under any of the specified provisions is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(7) The Welsh Ministers must consult such representative organisations as they think fit before making regulations under any of the specified provisions.
(8) The ““specified provisions”” are—
(a) section 6(2), (3) and (9);
(b) section 6A(11);
(c) section 6B(5) and (7);
(d) section 7(6)(d), (9) and (11);
(e) section 10(5)(c) and (8);
(f) section 13(1).
(1) It shall be the duty of any person to whom the Secretary of State gives directions under this Act to give effect to those directions.
(2) Any direction given by the Secretary of State under any provision of this Act (including a direction specifying a period or date for any purposes of Part IV of this Act) may be varied or revoked by a subsequent direction given under that provision.
(3) Any direction given by the Secretary of State under this Act shall be in writing.
(1) In this Act, unless the context otherwise requires—
“the 1962 Act” means the Transport Act 1962;
“the 1972 Act” means the Local Government Act 1972;
“the 1968 Act” means the Transport Act 1968;
“the 1981 Act” means the Public Passenger Vehicles Act 1981;
“body” means a body of persons, whether corporate or unincorporate;
“bus service condition” has the meaning given by section 119(4) of this Act;
“bus substitution service” has the meaning given by section 119(1) of this Act;
“council”, in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“employees’ share scheme” means a scheme for encouraging or facilitating the holding of shares or debentures in a company by or for the benefit of—
the bona fide employees or former employees of the company or of a subsidiary of the company; or
the wives, husbands, widows, widowers or children or step-children under the age of eighteen of such employees or former employees;
“equity share capital” has the same meaning as in the Companies Acts (see section 548 of the Companies Act 2006);
“excursion or tour” means a service for the carriage of passengers by road at separate fares on which the passengers travel together on a journey, with or without breaks, from one or more places to one or more other places and back;
“functions” includes powers, duties and obligations;
“interest” means, in relation to a company’s share capital of any description, a beneficial interest (whether held directly or through nominees or subsidiaries) in that share capital;
“liability” includes an obligation;
“local service” has the meaning given by section 2 of this Act;
“London” means the administrative area of Greater London as for the time being constituted;
“London local service” has the meaning given by section 34(1) of this Act;
“pension”, in relation to a person, means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of him, and includes—
a gratuity so payable;
a return of contributions to a pension fund, with or without interest on or any other addition to those contributions; and
any sums payable on or in respect of the death of that person;
“pension rights” includes, in relation to any person, all forms of right to or eligibility for the present or future payment of a pension, and any expectation of the accruer of a pension under any customary practice, and includes a right of allocation in respect of the present or future payment of a pension;
“prescribed” means prescribed by regulations;
“public passenger transport services” has the meaning given by section 63(10)(a) of this Act;
“the Railways Board” means the British Railways Board established under section 1 of the 1962 Act;
“regulations” means regulations made by the Secretary of State;
“securities”, in relation to a body corporate, means any shares, stock, debentures, debenture stock, and any other security of a similar nature, of the body corporate;
“social services functions” means functions which are social services functions for the purposes of the Local Authority Social Services Act 1970 or the Social Services and Well-being (Wales) Act 2014;
“social work functions” means functions which are social work functions for the purposes of the Social Work (Scotland) Act 1968;
. . .
“stopping place” means, in relation to any service or part of a service, a point at which passengers are (or, in the case of a proposed service, are proposed to be) taken up or set down in the course of that service or part;
“subsidiary” means, in relation to any body corporate, a body corporate which is a subsidiary of the first-mentioned body corporate within the meaning of section 736 of the Companies Act 1985 as originally enacted (and not as substituted by section 144(1) of the Companies Act 1989);
“traffic area” means a traffic area constituted for the purposes of the 1981 Act, and section 80 of that Act shall apply to references in this Act to the Metropolitan Traffic Area;
. . .
“wholly-owned subsidiary” means a subsidiary all the securities of which are owned by a body corporate of which it is a subsidiary, or by one or more other wholly-owned subsidiaries of that body, or partly by that body and partly by any wholly-owned subsidiary of that body;
and the expressions listed in subsection (2) below have the same meaning as in the 1981 Act.
(2) Those expressions are—
“company”;
“contravention”;
“fares”;
“modification”;
“operator” (in references to the operator of a vehicle);
“operating centre”;
“PSV operator’s licence”;
“public service vehicle”;
“road”;
“statutory provision”; and
“traffic commissioner”.
(2A) In this Act—
(a) any reference to a county shall be construed in relation to Wales as including a reference to a county borough;
(b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and
(c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.
(3) References in this Act to a vehicle’s being used for carrying passengers for hire or reward shall be read in accordance with section 1(5) of the 1981 Act.
(4) References in this Act to agreements providing for service subsidies shall be read in accordance with section 63(10)(b) of this Act.
(5) References in this Act to Integrated Transport Authorities, Passenger Transport Authorities and Passenger Transport Executives and to integrated transport areas and passenger transport areas are references respectively to the Integrated Transport Authorities, Passenger Transport Authorities and Passenger Transport Executives, and to integrated transport areas and passenger transport areas, for the purposes of Part II of the 1968 Act.
(5A) References in this Act to a combined authority are references to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
(5B) References in this Act to a combined county authority are references to a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
(6) References in this Act, in relation to a bus substitution service, to the withdrawal of service shall be read in accordance with section 120(1) of this Act (and references to a withdrawal of service or to withdrawals of service have a corresponding meaning).
(7) For the purposes of this Act the operator of a passenger transport service of any description is the person, or each of the persons, providing the service; and for those purposes the operator of a vehicle being used on a road for the carriage of passengers for hire or reward at separate fares shall be taken to be providing the service provided by means of the vehicle unless it is proved that the service is or forms part of a service provided not by himself but by one or more other persons.
(8) For the purposes of this Act an interest in a company’s equity share capital is a controlling interest if it subsists in more than half in nominal value of that capital.
The following are authorised by this section—
(a) the payment out of money provided by Parliament of any expenditure incurred by the Secretary of State under section 54(4) of or paragraph 7 of Schedule 4 to this Act or in making grants under section 108, 109 or 124 of this Act;
(b) any increase in payments out of money so provided arising from any increase in administrative expenses of the Secretary of State or the expenses of local authorities attributable to the provisions of this Act; and
(c) any increase attributable to this Act in the sums payable into the Consolidated Fund by virtue of section 52(3) or 75 of the 1981 Act (fees received by traffic commissioners and certain fines to be paid into the Consolidated Fund).
139 Transitional provisions, savings, amendments, repeals and revocation.
(1) This Act shall have effect subject to the transitional provisions and savings set out in Schedule 6 to this Act.
(2) The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments specified in that Schedule (which are minor amendments and amendments consequential on the provisions of this Act).
(3) The enactments mentioned in Schedule 8 to this Act (which include certain provisions which are already spent) are repealed to the extent specified in the third column of that Schedule.
(4) Without prejudice to section 13 of this Act, the Secretary of State may, for the purpose of taking account of any of the provisions of Part I of this Act, by order modify or repeal any provision made by any local Act passed before the commencement of this subsection.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This Act may be cited as the Transport Act 1985.
(2) This Act (apart from this section, section 58 of this Act and paragraph 12 of Schedule 6 to this Act) shall come into force on such day or days as the Secretary of State may by order appoint, and different days may be appointed for different purposes (including different purposes of the same provision).
(3) An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State necessary or expedient in connection with the provisions brought (wholly or partly) into force by the order.
(4) The following provisions of this Act do not extend to Scotland, that is to say—
sections 10 and 11;
Part II; and
section 102.
(5) This Act, with the exceptions mentioned in subsection (6) below, does not extend to Northern Ireland.
(6) Those exceptions are—
section 114(1)(a) and (2); and
section 115.
SCHEDULE 1 Amendments Consequential on the Abolition of Road Service Licensing
Section 1.
The Transport Act 1968
1 In section 159(1) of the Transport Act 1968 (interpretation)—
(a) for the definition of “bus service” there shall be substituted the following—
“bus service” means a local service other than one on which the passengers travel together on a journey, with or without breaks, from one or more places to one or more places and back
; and
(b) the following definition shall be inserted at the appropriate place—
“local service” has the same meaning as in the Transport Act 1985;
.
The Local Government (Miscellaneous Provisions) Act 1976
2 In section 63(3)(b) of the Local Government (Miscellaneous Provisions) Act 1976 for the words “road service licence” there shall be substituted the words “local service within the meaning of the Transport Act 1985”.
The Energy Act 1976
3 (1) Paragraph 1 of Schedule 1 to the Energy Act 1976 (relaxation of road traffic and transport law) shall be amended as follows.
(2) In sub-paragraph (1), for the words from “any”, where it first occurs, to “contract carriage” there shall be substituted the words “a local service within the meaning of the Transport Act 1985 or use any public service vehicle on a road for carrying passengers for hire or reward”.
(3) In sub-paragraph (1), after paragraph (a) there shall be inserted the following paragraph—
(aa) without complying with the requirements of sections 6 (registration of local services outside London) and 35 (provision of local services within London under London local service licences) of the 1985 Act;
(4) In sub-paragraph (1)(c) the words “or Part III” shall be omitted and after “1981” there shall be inserted the words “or Part I or II of the Transport Act 1985”.
(5) In sub-paragraph (2), the words “section 60 of”, and the words from “general” to first “vehicles”, shall be omitted and after “1981” there shall be inserted “or Part I of the Transport Act 1985”.
The Public Passenger Vehicles Act 1981
4 In section 12 of the 1981 Act (PSV operator’s licence), for subsection (1) there shall be substituted the following subsection—
(1) A public service vehicle shall not be used on a road for carrying passengers for hire or reward except under a PSV operator’s licence granted in accordance with the following provisions of this Part of this Act.
.
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 In section 53(1) of that Act (payment of expenses), for the words “II or III” there shall be substituted the words “or II”.
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 In section 68(4)(a) of that Act (provisions to which a defence under subsection (3) of that section applies), for the words “27(2) and 30(6) and (7)” there shall be substituted the words “and 27(2)”.
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 In section 82(1) of that Act (definitions of expressions used in that Act) the definitions of the following expressions shall be omitted—
“contract carriage”;
“excursion or tour”;
“express carriage” and “express carriage service”;
“road service licence”;
“stage carriage” and “stage carriage service”; and
“trial area”;
and after the definition of “local authority” there shall be inserted the following definition—
“”local service’ has the same meaning as in the Transport Act 1985;”.
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Road Traffic Regulation Act 1984
15 (1) The Road Traffic Regulation Act 1984 shall be amended as follows.
(2) In section 7(5) (restriction on the right to appeal from road service licensing decisions of traffic commissioners in any case where the decision is certified to be necessary to secure conformity with a traffic regulation order), for the words from “traffic commissioners” to “the commissioners” there shall be substituted the words “traffic commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of his with respect to a London local service licence if and so far as he certifies”.
(3) In section 10—
(a) in subsection (4) (restriction on the right to appeal from road service licensing decisions of traffic commissioners in any case where the decision is certified to be necessary to secure conformity with an experimental traffic order), for the words from “traffic commissioners” to “the commissioners” there shall be substituted the words “commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of the commissioner with respect to a London local service licence if and so far as he certifies”; and
(b) after subsection (5) there shall be inserted the following subsection—
(6) The reference in subsection (4) above to the Metropolitan Traffic Area shall be construed as if it were contained in the Public Passenger Vehicles Act 1981.
(4) In section 142(1) (interpretation), in the definition of “public service vehicle”, for the words “and ”stage carriage’ have the same meanings” there shall be substituted the words “has the same meaning”.
(5) In Schedule 9—
(a) in paragraph 13(3)(b), for the words “stage carriage” there shall be substituted the words “vehicle being used in the provision of a local service within the meaning of the Transport Act 1985”; and
(b) in paragraph 13(3)(c)(i), there shall be substituted for the words from “stage carriage”, where they first occur, to “1981” the words “local service (within the meaning of the Transport Act 1985)” and for the words “stage carriage”, where they next occur, the word “vehicle”.
16 (1) Subject to any provision made by or under this Act, in any enactment or instrument passed or made before the commencement of section 1 of this Act—
(a) any reference to a stage carriage service shall be construed as a reference to a local service;
(b) any reference to an express carriage service shall be construed as a reference to any service for the carriage of passengers for hire or reward at separate fares which is neither a local service nor one provided by a vehicle to which sub-paragraph (2) below applies;
(c) any reference to a stage carriage shall be construed as a reference to a public service vehicle being used in the provision of a local service;
(d) any reference to an express carriage shall be construed as a reference to a public service vehicle being used to carry passengers for hire or reward at separate fares other than one being used in the provision of a local service; and
(e) any reference to a contract carriage shall be construed as a reference to a public service vehicle being used to carry passengers for hire or reward otherwise than at separate fares.
(2) When used in circumstances in which the conditions set out in Part III of Schedule 1 to the 1981 Act are fulfilled, a public service vehicle carrying passengers at separate fares shall be treated, for the purposes of any enactment or instrument to which paragraph (d) or (e) of sub-paragraph (1) above applies, as being used to carry passengers otherwise than at separate fares.
SCHEDULE Substituted for Schedule 2 to the 1981 Act
SCHEDULE 2
Traffic Commissioners
Terms of service of traffic commissioners
1 The Secretary of State may remove a traffic commissioner from his office for inability or misbehaviour.
2 If a traffic commissioner acquires a financial interest in a transport undertaking which carries passengers or goods by road within Great Britain he shall, within four weeks after so doing, give notice of that acquisition in writing to the Secretary of State specifying the interest so acquired and the Secretary of State, after taking the matter into consideration, may if he thinks fit declare that the traffic commissioner has vacated his office.
Appointment and terms of office of deputies to traffic commissioners
3 In the case of illness, incapacity or absence of a traffic commissioner, the Secretary of State may appoint some other person to act as his deputy.
4 If the Secretary of State considers that the duties to be performed by a traffic commissioner, or any deputy appointed under paragraph 3 above to the traffic commissioner, cannot conveniently or efficiently be performed by one person, the Secretary of State may appoint one or more persons to act as deputy to the traffic commissioner.
5 A person appointed under paragraph 4 above shall be appointed upon such terms and conditions, including conditions as to the time which he is to devote to the duties of his office, as the Secretary of State may determine, and shall act for the traffic commissioner whose deputy he is in such matters as the traffic commissioner, or any deputy appointed by reason of the traffic commissioner’s illness, incapacity or absence, may from time to time direct or as the Secretary of State may from time to time by general directions require, and for that purpose shall exercise and perform all the powers and duties of the traffic commissioner.
6 (1) Where the office of traffic commissioner for any traffic area becomes vacant the Secretary of State may, pending the appointment of a new traffic commissioner for that area under section 4 of this Act, appoint a person (whether or not over the age of sixty-five) under this paragraph to act as traffic commissioner for that area for a limited period.
(2) Any person appointed under sub-paragraph (1) above shall—
(a) hold office for such period as the Secretary of State specifies when making the appointment; and
(b) during that period be treated for all purposes (except those of paragraph 9 below) as the traffic commissioner for the traffic area in question.
Staff of traffic commissioners
7 Subject to the approval of the Treasury, the Secretary of State may appoint such persons to act as officers and servants of a traffic commissioner as he considers appropriate.
Remuneration and pensions
8 There shall be paid to a traffic commissioner and deputy traffic commissioner, and to the persons acting as officers or servants of a traffic commissioner, such remuneration and allowances as may be determined by the Secretary of State with the consent of the Treasury.
9 The principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972) which is for the time being in force shall apply to persons holding the office of traffic commissioner for each of the traffic areas.
Part II Further Consequential Amendments
The Transport Act 1968
1 (1) The Transport Act 1968 shall be amended as follows.
(2) In section 96(10)(b), there shall be substituted for the words “commissioners or licensing authority” the word “commissioner” and for the words “commissioners or authority think” the words “commissioner thinks”.
(3) In section 98(3), there shall be substituted for the words “commissioners or licensing authority” in both places the word “commissioner” and for the words “commissioners or authority think” the words “commissioner thinks”.
(4) In section 99, there shall be substituted for the words “commissioners or licensing authority” in subsections (1) and (8) the word “commissioner”.
(5) In section 103(5), for the words “commissioners or licensing authority” there shall be substituted the word “commissioner”.
The Tribunals and Inquiries Act 1971
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Public Passenger Vehicles Act 1981
4 (1) The Public Passenger Vehicles Act 1981 shall be amended as follows.
(2) In section 3(3), for the word “commissioners”, whenever occurring, there shall be substituted the word “commissioner”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In section 12, there shall be substituted—
(a) for the word “commissioners”, whenever occurring, the word “commissioner”;
(b) in subsection (3), for the words “different areas” the words “a different area”; and
(c) in subsection (4), for the word “they” the word “he”.
(5) In section 14 (grant of licences)—
(a) for the word “commissioners”, whenever occurring, there shall be substituted the word “commissioner”;
(b) in subsections (1) and (3), for the word “are” in each place (other than where it first occurs in subsection (3)) there shall be substituted the word “is”;
(c) in subsection (4), there shall be substituted for the word “determine” the word “determines” and for the word “they” the word “he”.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In section 16, there shall be substituted—
(a) in subsection (1), for the words “Traffic commissioners” the words “A traffic commissioner” and for the words “those commissioners” the words “that commissioner”;
(b) in subsection (3), for the words “Traffic commissioners” the words “A traffic commissioner” and for the word “them” the word “him” and for the words “they think” the words “he thinks”;
(c) in subsection (5), for the word “commissioners” the word “commissioner” and for the words “they think” the words “he thinks”;
(d) in subsection (6) for the word “commissioners” in both places the word “commissioner”, for the word “their” in both places the word “his” and for the word “they” the word “he”;
(e) in subsection (8), for the word “commissioners” the word “commissioner” and for the words “they are” the words “he is”; and
(f) in subsection (9), for the word “commissioners” in both places the word “commissioner”.
(8) In section 17, there shall be substituted—
(a) in subsection (1), for the word “commissioners” the word “commissioner” and for the word “them” the word “him”;
(b) in subsection (2), for the word “commissioners” where it first occurs the word “commissioner” and for the words “the commissioners direct” the words “he directs”;
(c) in subsection (4), for the words “Traffic commissioners” the words “A traffic commissioner” and for the word “them” the word “him”; and
(d) in subsection (5), for the words “traffic commissioners decide” the words “a traffic commissioner decides” and for the words “they” and “them” the words “he” and “him”.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) In section 19, there shall be substituted—
(a) in subsections (1), (2) and (3), for the word “commissioners” the word “commissioner”; and
(b) in subsection (4) for the words “Traffic commissioners” the words “A traffic commissioner”, for the word “them” in each place the word “him” and for the word “his” the words “the holder’s”.
(11) In section 20, there shall be substituted—
(a) in subsection (3), for the word “commissioners” where first occurring the word “commissioner”, for the words “those commissioners” in both places the words “that commissioner”, for the word “them” in each place the word “him”, for the word “they” in both places the word “he”, for the word “him”, in both places in paragraph (a), the words “the holder” and for the word “him”, in paragraph (b), the words “the holder or former holder”; and
[0(b) in subsection (6), for the word “commissioners” the word “commissioner”.]
(12) In section 21, there shall be substituted—
(a) for the word “commissioners”, whenever occurring, the word “commissioner”;
(b) in subsection (2), for the words “they” and “their” the words “he” and “his”; and
(c) in subsection (3), for the words “they are satisfied they” the words “he is satisfied he” and for the word “them” the words “the commissioner”.
(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(14) In section 52, there shall be substituted—
(a) in subsection (1), for the word “commissioners” whenever occurring the word “commissioner”;
(b) in subsection (2), for the words “The traffic commissioners” the words “A traffic commissioner”; and
(c) in subsection (3), for the words “the traffic commissioner” the words “a traffic commissioner”.
(15) In section 55, for the word “commissioners” there shall be substituted the word “commissioner” and for the word “their” there shall be substituted the word “his”.
(16) In section 56, in subsection (1), there shall be substituted for the word “commissioners” the word “commissioner” and there shall be omitted the words “them or”.
(17) In section 57, for the word “commissioners”, whenever occurring, there shall be substituted the word “commissioner.”
(18) In section 60(1), for the words “the commissioners” there shall be substituted the words “traffic commissioners”.
(19) In section 69(1), for the words “the traffic commissioners” there shall be substituted the words “a traffic commissioner”.
(20) In section 82 (interpretation), the following definition shall be inserted at the appropriate place—
“”traffic commissioner’ means the person appointed to be the commissioner for a traffic area constituted for the purposes of this Act;”
(21) In Schedule 3 there shall be substituted—
(a) in paragraph 1, for the words “traffic commissioners” in both places the words “a traffic commissioner” and for the word “commissioners”, in both places, the word “commissioner”; and
(b) in paragraphs 5 and 9, for the word “commissioners” whenever occurring the word “commissioner”.
The Civic Government (Scotland) Act 1982
5 In section 18 of the Civic Government (Scotland) Act 1982, there shall be substituted—
(a) for the word “commissioners” whenever occurring the word “commissioner”;
(b) in subsection (2), for the word “them” the word “him”;
(c) in subsection (3), for the words “they consider” in both places the words “he considers”, for the words “they decided” the words “he decided” and for the words “they should consider” the words “he should consider”;
(d) in subsection (5), for the words “they alter” the words “he alters”; and
(e) in subsection (8), for the word “their” in both places the word “his”.
The Road Traffic Regulation Act 1984
6 In section 38(4) and (7) of and paragraph 31(a) of Schedule 9 to the Road Traffic Regulation Act 1984 there shall be substituted for the word “commissioners” in each place the word “commissioner”.
The London Regional Transport Act 1984
7 In Schedule 5 to the London Regional Transport Act 1984, there shall be substituted—
(a) in paragraph 11(5), for the word “commissioners”, where it first occurs, the word “commissioner” and for the words “those commissioners” the words “the commissioner”;
(b) in paragraph 11(8), for the word “commissioners”, in both places, the word “commissioner”; and
(c) in paragraph 12(7), for the word “commissioners” the word “commissioner”.
Section 57(6).
The Transport Act 1968
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 In—
(a) sections 10, 12, 14, 15, 20 and 23 of that Act; and
(b) paragraph 11(a) of Schedule 5 to that Act;
for the word “designated” (in each place where it occurs) there shall be substituted the words “passenger transport”.
3 In section 9(6) of that Act, the words “or 6” shall be omitted, and for the words “sections 20(6) and (7) and 21(5)” there shall be substituted the words “section 20(6) and (7)”.
4 In section 10 of that Act (general powers of Executive)—
(a) in subsection (1)—
(i) in paragraph (ii) (power to carry passengers by land, otherwise than by road, and by water), for the words from “the following distance” to the end of the paragraph there shall be substituted the words “the distance of twenty-five miles from the nearest point on the boundary of that area;”; and
(ii) in paragraph (xxiii), for the words “the discharge of their duty under section 9(3) of this Act” there shall be substituted the words “their business;”; and
(b) in subsection (2) (things done by subsidiaries to count as things done by Executive for certain purposes), the words from “or with the consent” to “Act” (which refer to consents under Schedule 6 to that Act) shall be omitted.
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 In section 12 of that Act (borrowing powers of Executive)—
(a) in subsection (3)(d) the words from “or by” to the end of the paragraph shall be omitted; and
(b) in subsection (4)—
(i) for the words “Each of the councils of constituent areas” there shall be substituted the words “The Authority for the Executive’s area”;
(ii) for the words “such a council” there shall be substituted the words “the Authority for a passenger transport area”; and
(iii) for the word “council” in each place where it occurs in paragraphs (a) and (b) there shall be substituted the word “Authority”.
7 For section 13 of that Act (precepting powers), as it applies to England and Wales, there shall be substituted the following section—
Power to make grants.
13 The Authority shall have power to make grants to the Executive for any purpose.
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 In section 16 of that Act (publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities)—
(a) in subsection (1)—
(i) for the words “area designated by an order under section 9(1) of this Act” there shall be substituted the words “passenger transport area”; and
(ii) for the words “by the order aforesaid” there shall be substituted the words “by any order made, or having effect as if made, under section 9(3) of this Act”; and
(b) in subsection (2), the words from “and if” to “would not” shall be omitted.
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 In section 24(2) of that Act (co-operation between Passenger Transport Executives and the National Bus Company and the Scottish Transport Group), for the words from the beginning to “Act” there shall be substituted the words “In the case of any area which is a passenger transport area for the purposes of Part II of this Act”.
16 In section 54 of that Act (provisions with respect to railway closures)—
(a) in subsection (2), for the words “designated under section 9(1) thereof” there shall be substituted the words “which is a passenger transport area for the purposes of Part II of this Act”; and
(b) in subsection (3), for the words “an area designated as aforesaid” there shall be substituted the words “any such area as is mentioned in that subsection”.
17 In section 134(1) of that Act (authorities to whom duty to act as a body engaged in a commercial enterprise applies), for the words from “designated” to “section 9(1)” there shall be substituted the words “area which is a passenger transport area for the purposes of Part II”.
18 In section 137 of that Act (obligation to establish machinery for negotiation and consultation with staff)—
(a) in subsection (1) (authorities to whom the section applies), for the words from “designated” to “section 9(1)” there shall be substituted the words “area which is a passenger transport area for the purposes of Part II”;
(b) in subsection (3)(b), for the words from “Authority” to the end of the paragraph there shall be substituted the words “Passenger Transport Authority for the passenger transport area in question (referred to below in this section as the relevant Passenger Transport Authority)”; and
(c) in subsection (4), for the words “Authority established as aforesaid” and “Authority so established” there shall be substituted the words “relevant Passenger Transport Authority”.
19 In section 141(1) of that Act (application of Town and Country Planning Acts), for the words from “designated” to “section 9(1)” there shall be substituted the words “for any area which is a passenger transport area for the purposes of Part II”.
20 —In section 160(5) of that Act (stamp duty not chargeable on certain instruments), for the words “established under section 9(1)” there shall be substituted the words “for any area which is a passenger transport area for the purpose of Part II”.
21 (1) In Schedule 5 to that Act (constitution, etc., of Passenger Transport Authorities and Executives), Part I (which relates to Passenger Transport Authorities) shall be omitted.
(2) In Part II of that Schedule—
(a) paragraph 1 shall be omitted;
(b) in paragraph 2, as it applies to England and Wales, for the words “any of the councils of constituent areas” (in each place where they occur) there shall be substituted the words “the Authority for the passenger transport area”; and
(c) in paragraph 2, as it applies to Scotland, for the word “designated” there shall be substituted the words “passenger transport”.
(3) In Part III of that Schedule the following provisions shall be omitted—
(a) paragraphs 1, 2, 3(a), 4, 5, 10, 11(c), 12, 16 and 17;
(b) in paragraphs 6, 7 and 9 the words “the Authority and” and “respectively”, in each place where they occur;
(c) in paragraph 8 the words “the Authority or” and “the chairman of the Authority or, as the case may be”;
(d) in paragraph 11, the words “the Authority or” in sub-paragraph (a) and “the Authority” in sub-paragraph (b); and
(e) in paragraph 13, the words “the Authority or”, in both places where they occur, and “the Authority” where those words last occur;
and in paragraph 3(b), for “9(1)(b)” there shall be substituted “9(2)”.
The Post Office Act 1969
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Pensions (Increase) Act 1971
23 In paragraph 6(2)(c) of Schedule 3 to the Pensions (Increase) Act 1971 (extended definition of employing authority), for the words from “established under section 9(1)” to the end there shall be substituted the words “for the purposes of Part II of the Transport Act 1968”.
The Local Government Act 1972
24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government (Scotland) Act 1973
26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government, Planning and Land Act 1980
29 In section 82 of the Local Government, Planning and Land Act 1980 (Passenger Transport Executives and their subsidiaries)—
(a) in subsection (1)—
(i) in paragraph (a) the words “whose area is either the whole or part of one county” shall be omitted, and for the words “county council” there shall be substituted the words “metropolitan county passenger transport authority for the county which is coterminous with or includes that Executive’s area”; and
(ii) for the word “council” in each place where it occurs in paragraphs (b) to (d) there shall be substituted the word “authority”;
(b) subsections (2) and (3) shall be omitted; and
(c) in subsection (4), for the words “subsections (1) to (3)” there shall be substituted the words “subsection (1)”.
The Transport Act 1983
30 In section 1 of the Transport Act 1983 (interpretation of Part I), in paragraph (a) of the definition of “Executive”, for the words from “an area” to “county” there shall be substituted the words “any passenger transport area (within the meaning of Part II of the Act of 1968)”.
31 In section 3(3) of that Act (formulation of Executive’s financial plan may assume grants will be provided by the Authority to extent considered necessary by the Executive for discharge of certain duties), for the words “general duty under section 9(3)” there shall be substituted the words “duty under section 9A(3)”.
32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Road Traffic Regulation Act 1984
33 In paragraph 31(b) of Schedule 9 to the Road Traffic Regulation Act 1984 (local authority to consult Passenger Transport Executive before making certain orders) for the words from “designated under section 9(1)” to the end there shall be substituted the words “which is a passenger transport area for the purposes of Part II of the Transport Act 1968, shall consult with the Passenger Transport Executive for that passenger transport area.”.
SCHEDULE 4 Constitution, Powers and Proceedings of the Transport Tribunal
Section 117(2).
Constitution
1 The Transport Tribunal (referred to in this Schedule as “the tribunal”) shall be a court of record and have an official seal which shall be judicially noticed.
2 (1) The tribunal shall consist of—
(a) a president and two or more chairmen appointed by the Lord Chancellor (referred to below in this Schedule as judicial members); and
(b) two or more other members appointed by the Secretary of State.
(2) The president of the tribunal shall be—
(a) a person who satisfies the judicial-appointment eligibility condition on a 7-year basis; or
(b) an advocate or solicitor in Scotland of at least 7 years’ standing.
(2A) Each chairman shall be—
(a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or
(b) an advocate or solicitor in Scotland of at least 5 years’ standing.
Tenure of Office
3 (1) Subject to the following provisions of this paragraph ..., each judicial member of the tribunal shall hold office until the day on which he attains the age of 75 and shall then retire.
[(2) Where the Lord Chancellor considers it desirable in the public interest to retain a judicial member in office after he reaches that age, he may from time to time authorise that member’s continuance in office until such date (not later than the date on which that member reaches seventy-five) as he thinks fit.]
(3) The Lord Chancellor may, if he thinks fit, remove a judicial member from office on the ground of incapacity or misbehaviour.
(3A) The Lord Chancellor may remove a judicial member from office under sub-paragraph (3) only with the concurrence of the appropriate senior judge.
(3B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the judicial member who is to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.
(4) A judicial member may at any time by notice in writing to the Lord Chancellor resign his office.
(5) Subject to the preceding provisions of this paragraph and to paragraph 6 below, a judicial member shall hold and vacate office in accordance with such terms and conditions as may be determined by the Lord Chancellor at the time of his appointment and shall, on ceasing to hold office, be eligible for reappointment.
4 (1) A member of the tribunal appointed by the Secretary of State shall hold and vacate office in accordance with such terms and conditions (both as to his term of office and otherwise) as may be determined by the Secretary of State at the time of his appointment and, on ceasing to hold office, be eligible (subject to the following provisions of this paragraph) for reappointment.
(2) Subject to sub-paragraph (3) below, a person shall not be appointed as a member of the tribunal by the Secretary of State for a term extending beyond the end of the completed year of service in which he reaches seventy.
(3) Where the Secretary of State considers it desirable in the public interest that a person should be appointed for a term exceeding that allowed under sub-paragraph (2) above, that person may be appointed for such term, not extending beyond the date on which he reaches seventy-five, as the Secretary of State thinks fit.
(4) A member appointed by the Secretary of State may at any time by notice in writing to the Secretary of State resign his office.
Staff of the tribunal
5 The Lord Chancellor may make available to the tribunal such staff as he considers necessary for assisting the tribunal in the proper execution of their duties.
Remuneration and expenses
6 There shall be paid to the members of the tribunal such remuneration and such allowances as the Lord Chancellor may with the consent of the Treasury determine.
7 Any remuneration or allowances payable under paragraph 6 above and any other expenses of the tribunal shall be met by the Lord Chancellor.
Powers and proceedings
8 (1) ... The tribunal shall for the purpose of the exercise of any of their functions have full jurisdiction to hear and determine all matters whether of law or of fact.
(2) As respects—
(a) the attendance and examination of witnesses;
(b) the production and inspection of documents;
(c) the enforcement of their orders;
(d) the entry on and inspection of property; and
(e) other matters necessary or proper for the due exercise of their jurisdiction;
the tribunal shall have, in England and Wales, all such powers, rights and privileges as are vested in the High Court, and, in Scotland, all such powers, rights and privileges as are vested in the Court of Session.
(3) Execution may be had in England and Wales of any order of the tribunal as if it were an order of the High Court, and any order of the tribunal may be recorded for execution in the books of council and session in Scotland, and shall be enforceable accordingly.
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 (1) The president or, in his absence, such one of the other judicial members as the president or (if the president is unable for any reason to exercise the power conferred on him by this sub-paragraph) the Lord Chief Justice may direct, shall preside at any sitting of the tribunal.
(1A) Before exercising his functions under sub-paragraph (1) the Lord Chief Justice must—
(a) consult the Lord Chancellor, and
(b) obtain the agreement of the Lord President of the Court of Session.
(2) The president or other judicial member presiding at a sitting of the tribunal in pursuance of sub-paragraph (1) above is referred to below in this paragraph as the presiding member.
(3) If at any sitting of the tribunal the members sitting are evenly divided as to any decision, the presiding member shall have a second or casting vote; but otherwise decisions of the tribunal shall be by a majority of the members sitting.
(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1).
(5) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (1A)(b).
11 (1) Subject to paragraph 10 above, the Lord Chancellor may from time to time make general rules governing the procedure and practice of the tribunal and generally for carrying into effect the tribunal’s duties and powers.
(2) Without prejudice to the generality of sub-paragraph (1) above, rules under that sub-paragraph may provide for—
(a) the awarding of costs by the tribunal;
(b) the reference of any question to a member of the tribunal, or to any other person appointed by them, for report after holding a local inquiry;
(c) the review by the tribunal of decisions previously given by them;
(d) the number of members of the tribunal to constitute a quorum;
(e) enabling the tribunal to dispose of any proceedings notwithstanding that in the course of those proceedings there has been a change in the persons sitting as members of the tribunal; and
(f) the right of audience before the tribunal.
(3) Rules under sub-paragraph (1) above may also, subject to the consent of the Treasury, prescribe the scale of fees for and in connection with proceedings before the tribunal.
12 (1) The Secretary of State shall give to the tribunal such assistance as the tribunal may reasonably require.
(2) The Secretary of State shall place at the disposal of the tribunal any information in his possession which he considers will be of assistance to the tribunal in connection with any matter before them, and shall be entitled to appear and be heard in any proceedings before the tribunal.
13 (1) Subject to sub-paragraph (2) below and to any rules made under paragraph 11 above, the tribunal may sit in any part of Great Britain in such place or places as may be convenient for the determination of the proceedings before them.
(2) An appeal from a determination of any traffic commissioner in relation to a traffic area in Scotland shall be heard in Scotland.
Appeals
14 (1) Subject to sub-paragraphs (2) and (3) below, an appeal shall lie in accordance with rules made by the Lord Chancellor from the tribunal to the Court of Appeal or to the Court of Session.
(2) No appeal shall lie from the tribunal upon a question of fact or locus standi.
(3) An appeal shall not be brought except in conformity with such rules of court as may from time to time be made in relation to such appeals by the authority having power to make rules of court for the Court of Appeal or the Court of Session (as the case may be).
(4) On the hearing of an appeal the Court of Appeal and the Court of Session may draw all such inferences as are not inconsistent with the facts expressly found and are necessary for determining the question of law, and may make any order which the tribunal could have made, and also any such further or other order as may be just.
(5) The costs of and incidental to an appeal shall be at the discretion of the Court, but neither the tribunal nor any member of the tribunal shall be liable to any costs by reason or in respect of any appeal.
(6) Subject to sub-paragraph (7) below, the decision of the Court of Appeal or the Court of Session (as the case may be) shall be final.
(7) Where there has been a difference of opinion between those Courts, either of those Courts in which a matter affected by such a difference of opinion is pending may give leave to appeal to the Supreme Court on such terms as to costs as the Court of Appeal or Court of Session (as the case may be) shall determine.
Exercise of powers by Lord Chancellor
15 The Lord Chancellor shall consult the Lord Advocate before exercising any of his powers under paragraph 2 or 3 above.
Annual Report
16 The tribunal shall make annually a report of all their proceedings to the Lord Chancellor and it shall be laid before Parliament.
Powers of First-tier Tribunal and Upper Tribunal in relation to transport appeals
17 (1) The First-tier Tribunal and the Upper Tribunal are to have full jurisdiction to hear and determine all matters (whether of law or of fact) for the purpose of the exercise of any of their functions under an enactment relating to transport.
In the case of the Upper Tribunal, this is subject to sub-paragraph (3).
(2) On an appeal from any determination of a traffic commissioner other than an excluded determination, the Upper Tribunal is to have power—
(a) to make such order as it thinks fit; or
(b) to remit the matter to—
(i) the traffic commissioner who made the decision against which the appeal is brought; or
(ii) as the case may be, such other traffic commissioner as may be required by the senior traffic commissioner to deal with the appeal,
for rehearing and determination by the commissioner in any case where the tribunal considers it appropriate;
and any such order is binding on the commissioner.
(3) The Upper Tribunal may not on any such appeal take into consideration any circumstances which did not exist at the time of the determination which is the subject of the appeal.
(4) A determination of a traffic commissioner is an excluded determination for the purposes of this paragraph if it is made under—
(a) the Goods Vehicles (Community Authorisations) Regulations 1992; or
(b) the Public Service Vehicles (Community Licences) Regulations 1999.
18. Paragraph 12 applies in relation to the First-tier Tribunal and the Upper Tribunal for the purpose of the exercise of any of their functions under an enactment relating to transport.
SCHEDULE 5 The Disabled Persons Transport Advisory Committee
Section 125(9).
Administration, etc.
1 The Secretary of State shall make arrangements for the Committee to be provided with such administrative support and office accommodation as he considers appropriate.
2 (1) The Secretary of State shall provide the Committee with funds with which to pay to their members such remuneration, and such travelling and other allowances, and to defray such other expenses in connection with their functions, as he may determine.
(2) In relation to Scotland, the only remuneration that may be paid under this paragraph is remuneration for the performance of functions which relate to reserved matters (within the meaning of the Scotland Act 1998).
Constitution and procedure
3 (1) Any person appointed to be a member of the Committee shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to be a member of the Committee, be eligible for re-appointment.
(2) Any person so appointed may at any time resign his office by written notice given to the Secretary of State.
4 (1) The Committee shall meet whenever convened by the Chairman and at least four times a year.
(2) Without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call one when required to do so by any five members of the Committee.
(3) Minutes shall be kept of the proceedings of every meeting of the Committee.
(4) Subject to the preceding provisions of this paragraph, the Committee shall determine their own procedure (including the quorum at their meetings).
5 The Committee may delegate the exercise and performance of any of their functions to such of their sub-committees as they think fit.
6 The validity of any proceedings of the Committee shall not be affected by any vacancy amongst the members, by any defect in the appointment of a member or by any failure to comply with the requirement imposed by section 125(3) of this Act.
Section 139(1).
Road service licensing during transitional period
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration of local services outside London
6 (1) In paragraphs 7 to 12 below—
“local service” means a local service which is not a London local service;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“road service licence” has the same meaning as in the 1981 Act; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Section 135(3) of this Act shall not apply to any regulations made under paragraphs 7 to 11 below.
(3) For the purposes of paragraph 8 below, a local service is improved if, but only if, there is any increase in—
(a) the frequency of the service;
(b) the length of its route;
(c) the number of stopping places for the service; or
(d) the number of passengers which can be carried by the service taken as a whole.
7 (1) Where an application for registration of the prescribed particulars of a local service falls within one of the Cases mentioned in sub-paragraph (2) below—
(a) the traffic commissioner to whom the application is made shall register those particulars;
(b) they shall be deemed to have been registered with him under section 6 of this Act; and
(c) the period of notice (mentioned in section 6) in relation to that registration shall be deemed to have expired.
(2) The Cases are—
Case A
Where—
(a) the application for registration of the prescribed particulars of a local service is received by the traffic commissioner at any time before 1st March 1986; and
(b) the prescribed requirements are satisfied in relation to the application.
Case B
Where—
(a) the application for registration of the prescribed particulars of a local service is received by the traffic commissioner at any time after the grant of the licence mentioned in paragraph (b) below but before 14th September 1986;
(b) a road service licence has been granted for that service at any time after 28th February 1986; and
(c) the prescribed requirements are satisfied in relation to the application.
Case C
Where—
(a) the application for registration of the prescribed particulars of a local service is received by the traffic commissioner at any time during the period beginning with 1st March 1986 and ending with 13th September 1986;
(b) the particulars of the service are the same as those of a trial area service; and
(c) the prescribed requirements are satisfied in relation to the application.
In this Case “trial area service” means a local service provided in a trial area (as defined by section 38 of the 1981 Act) and in respect of which the requirements of section 40 of that Act (duty to publish particulars of services in trial areas) have been satisfied.
Case D
Where—
(a) the application for registration of the prescribed particulars of a local service is received by the traffic commissioner at any time during the period beginning with 1st March 1986 and ending with 25th October 1986;
(b) the application is supported in writing, in accordance with sub-paragraph (3) below, by an authority responsible for expenditure on public passenger transport services (as defined for Part V of this Act by section 88(8)); and
(c) the prescribed requirements are satisfied in relation to the application.
(3) An authority of the kind mentioned in paragraph (b) of Case D shall give their support to an application in accordance with this sub-paragraph if, but only if, the local service in question is one—
(a) which the operator has contracted with that authority to operate under an agreement providing for service subsidies; or
(b) for the provision of which that authority have issued an invitation to tender under section 89 of this Act and for which the person applying for registration of the particulars of the service has submitted a tender to provide the service without subsidy; or
(c) in respect of which the conditions mentioned in sub-paragraph (4) below are satisfied.
(4) The conditions are that—
(a) the service is to be operated by a person who has entered into an agreement with London Regional Transport (“LRT”) to operate it; and
(b) the authority has entered into an agreement or arrangement with LRT to contribute to the costs incurred by LRT in securing the service.
Variation and cancellation of registrations during transitional period
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Duty to notify relevant authorities of applications for registrations etc.
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Publication of information by traffic commissioner
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School buses
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Continuation of existing road service licences
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Traffic commissioners
13 (1) The person who, immediately before the commencement of section 3 of this Act, was the chairman of the traffic commissioners for any traffic area shall be deemed to have been appointed by the Secretary of State (under section 4 of the 1981 Act as substituted by section 3 of this Act) as the traffic commissioner for that area on the same terms and conditions as those on which he was appointed as chairman of the traffic commissioners; and in relation to any such person appointed before 1st May 1985, subsection (4)(b) of the substituted section 4 shall have effect as if for the words from “sixty-five” to “direct” there were substituted the word “seventy”.
(2) For the purposes of the principal civil service pension scheme any period of service as chairman of the traffic commissioners for any area which ends with the commencement of section 3 of this Act and any period of service as traffic commissioner for that area which begins on that commencement shall be treated as a single, unbroken, period of service.
PSV operators’ licences
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Appeals under section 18 of Civic Government (Scotland) Act 1982 (c.45)
15 Anything done or treated by virtue of any enactment as having been done under section 18 of the Civic Government (Scotland) Act 1982 before the coming into force of paragraph 5 of Part II of Schedule 2 to this Act which could be done under the said section 18 as amended by the said paragraph shall be treated as having been done under the said section 18 as so amended.
London local service licences
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17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compensation for loss of employment, etc.
19 Any regulations made under section 17(3) of the 1968 Act which are in force immediately before the repeal of that section by this Act—
(a) shall continue in force notwithstanding that repeal; and
(b) may be varied or revoked by regulations made under section 84 of this Act as if they had been made by reason of any such transfer of property, rights and liabilities as is mentioned in section 84(1)(c).
Tendering
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agreements under section 3 of the Transport Act 1978
21 (1) Where—
(a) before the date on which the repeal by this Act of section 3 of the Transport Act 1978 comes into force any non-metropolitan county council have, in exercise of the power conferred by that section, entered into an agreement with London Regional Transport under which payments fall to be made by that council towards expenses incurred by London Regional Transport in securing the provision of a public passenger transport service (“the old agreement”);
(b) the service is provided under an agreement entered into by London Regional Transport accepting a tender invited for its provision; and
(c) the old agreement is still in force immediately before that date;
that council shall have power to enter into a new agreement with London Regional Transport to contribute towards any of the expenses to which they were liable to contribute in respect of that service under the old agreement.
(2) An agreement entered into under this paragraph shall be made so as to remain in force for a period ending not later than the date on which the agreement mentioned in sub-paragraph (1)(b) above expires.
Travel concessions
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23 (1) Notwithstanding the repeal by this Act of the Travel Concessions Acts 1955 and 1964, section 138 of the 1968 Act and section 1(1) of the Concessionary Travel for Handicapped Persons (Scotland) Act 1980, but subject to the following provisions of this paragraph—
(a) the Acts of 1955 and 1964 and section 1(1) of the Act of 1980 shall continue to have effect in relation to any council of any description within section 66(1) of this Act who—
(i) at the time when section 66 comes into force are providing a service for the carriage of passengers by road which requires a PSV operator’s licence; and
(ii) immediately before the date on which that repeal comes into force are granting travel concessions under arrangements made under the Acts of 1955 and 1964 or (as the case may be) under section 1(1) of the Act of 1980 to persons travelling on any such service operated by them;
so long as the council retain their bus operating powers and continue to provide that service; and
(b) section 138(2) of the 1968 Act shall continue to have effect for the purpose of authorising any local authority who immediately before that date are contributing to the cost incurred by that council in granting those concessions to continue to do so.
(2) Subject to the following provisions of this paragraph, where in the case of any such council—
(a) any such arrangements (“the former arrangements”) are in force immediately before the date on which any scheme or order under Part IV of this Act providing for the transfer to any company or companies of property, rights and liabilities comprised in that council’s bus undertaking comes into force; and
(b) that council retain their bus operating powers during any period after that date;
the council may reimburse the cost incurred by any company to which any public service vehicles formerly used or appropriated for use for the purposes of the council’s bus undertaking are transferred under the scheme or order in granting travel concessions at any time during that period in accordance with arrangements made with that company (“the new arrangements”) which meet the requirements of sub-paragraph (3) below.
(3) Subject to the following provisions of this paragraph, the travel concessions to be granted under the new arrangements—
(a) shall correspond to the travel concessions available under the former arrangements; and
(b) shall be available in respect of journeys on public service vehicles transferred to the company in question under the scheme or order and used in operating services on routes to which the former arrangements applied.
(4) In any case to which sub-paragraph (2) above applies any local authority who immediately before the date on which the scheme or order in question comes into force are contributing to the cost incurred by the council in question in granting travel concessions under the former arrangements may contribute to any cost incurred by that council under sub-paragraph (2) above.
(5) Sub-paragraph (1) above, and sub-paragraph (2) above so far as relates to travel concessions granted on or after the date on which the repeal mentioned in sub-paragraph (1) above comes into force—
(a) shall not apply in relation to any council unless there is in operation on that date a scheme established under section 93 of this Act by that council, or by authorities who include that council, which covers the whole of that council’s area; and
(b) where any such scheme which is in operation on that date subsequently ceases to operate, shall not apply in relation to the granting of travel concessions or (as the case may be) in relation to travel concessions granted at any time after the date on which the scheme ceases to operate.
(6) The travel concessions—
(a) that may be provided under the Acts of 1955 and 1964 or (as the case may be) under the Act of 1980 by virtue of sub-paragraph (1) above; and
(b) that may be financed by any council under sub-paragraph (2) above;
shall be limited to concessions which correspond to travel concessions available at the time in question under the scheme mentioned in sub-paragraph (5) above.
(7) For the purposes of sub-paragraph (3)(a) or (as the case may be) sub-paragraph (6) above, travel concessions correspond to any other travel concessions in question if they are—
(a) of the same value;
(b) available subject to the same terms, limitations or conditions; and
(c) available to persons of the same descriptions;
as those other concessions.
(8) A council of any description within section 66(1) of this Act who at the time when that section comes into force are providing a service for the carriage of passengers by road which requires a PSV operator’s licence shall be regarded for the purposes of this paragraph as retaining their bus operating powers until section 66(1) has effect in relation to that council.
(9) In this paragraph “local authority” has the same meaning as in section 93 of this Act, and expressions to which a meaning is given for any purposes of Part IV or Part V of this Act have the same meaning.
24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Transport Tribunal
25 (1) The repeals made by this Act which relate to the Transport Tribunal shall not affect any judgment or order given, any document issued or any other thing done under any repealed enactment before the date on which the repeals take effect; and any such judgment or order, document or thing shall have effect as if it had been given, issued or (as the case may be) done under the provision of this Act corresponding to the repealed enactment.
(2) Any reference in any instrument or other document to such an enactment shall be taken as regards anything done after that date as a reference to the corresponding provision of this Act.
(3) Without prejudice to the generality of sub-paragraph (1) above, any rules made by the Transport Tribunal under paragraph 11 of Schedule 10 to the 1962 Act which are in operation immediately before Schedule 4 to this Act comes into force shall have effect as if they had been made by the Secretary of State under paragraph 11 of Schedule 4.
(4) Sub-paragraph (1) above does not apply in relation to any appointment made under Schedule 10 to the 1962 Act.
(5) Paragraphs 3 and 4(1) of Schedule 10 to the 1962 Act (appointment of members of the tribunal and tenure of office of the president) shall continue to apply in relation to the person who, at the time when section 117 of this Act comes into force, is the president of the Transport Tribunal, notwithstanding their repeal by this Act; and Schedule 4 to this Act shall have effect, so far as relates to the appointment and tenure of office of the president of the tribunal, subject to the provisions of this sub-paragraph.
(6) Any person who, immediately before section 117 of this Act comes into force, is a member of the special panel mentioned in subsection (3)(a) of that section, shall be treated as if he had been appointed by the Lord Chancellor, on the coming into force of that section, as a chairman of the Transport Tribunal under paragraph 2(1)(a) of Schedule 4 to this Act.
(7) Sub-paragraph (6) above applies in relation to any such person whether or not he would be qualified for such appointment in accordance with paragraph 2(2) of that Schedule; and, subject to paragraphs 3 and 6 of that Schedule, the terms and conditions applicable to any such person’s tenure of office as such a chairman shall be the same as those applicable to his office immediately before section 117 of this Act comes into force.
(8) Any person other than the president of the Transport Tribunal who is a member of the tribunal at the time when that section comes into force shall be treated as if he had been appointed as such a member by the Secretary of State under paragraph 2(1)(b) of Schedule 4 to this Act for a term ending when his current term of office expires, and otherwise on the same terms and conditions as those applicable to his office immediately before that section comes into force.
(9) Rules made by the Secretary of State under paragraph 11 of Schedule 4 to this Act may include provision for applying those rules to proceedings pending before the tribunal at the time when those rules come into force with any modifications which appear to the Secretary of State to be necessary or desirable.
Transfers under section 17 of the 1968 Act
26 Notwithstanding the repeal by this Act of—
(a) section 17 of the 1968 Act (transfer of Executive of local authority transport undertakings); and
(b) section 202(4) of the 1972 Act (power by order establishing Passenger Transport Executive to make any provision that could be made by an order under section 17 of the 1968 Act);
the provisions of Schedule 4 to the 1968 Act, as they had effect immediately before that repeal came into operation, continue to apply for the purpose of determining the effect or giving effect to, or making any provision consequential on or incidental to, any transfer under section 17 (including that section as applied by section 202(4)).
Section 139(2).
General
1 In England and Wales, the provisions made by or under any enactment which apply to motor vehicles used—
(a) to carry passengers under a contract express or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum; and
(b) to ply for hire for such use;
shall apply to motor vehicles adapted to carry less than nine passengers as they apply to motor vehicles adapted to carry less than eight passengers.
The London Hackney Carriages Act 1843
2 In section 25 of the London Hackney Carriages Act 1843 (power to revoke or suspend licences of drivers of hackney carriages), the following paragraph shall be added at the end—
“A magistrates” court that makes an order revoking or suspending any licence under this section may, if the court thinks fit, suspend the effect of the order pending an appeal against the order.
The Town Police Clauses Act 1847
3 Section 46 of the Town Police Clauses Act 1847 (drivers not to act without first obtaining a licence) shall not apply to a person driving a hackney carriage licensed under that Act for the purpose of or in connection with—
(a) any test of the mechanical condition or fitness of the hackney carriage or its equipment carried out for the purposes of section 45 of the Road Traffic Act 1988 (tests of satisfactory condition of vehicles other than goods vehicles) or for the purposes of any requirements with respect to such condition or fitness imposed by or under any other enactment; or
(b) any test of that person’s competence to drive a hackney carriage carried out for the purposes of any application made by him for a licence to drive a hackney carriage.
The Road Traffic Act 1930
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The Transport Charges &c. (Miscellaneous Provisions) Act 1954
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Transport Act 1962
6 In section 3(3) of the 1962 Act (powers of the Railways Board), for paragraph (b) (power to carry goods and passengers by road) there shall be substituted the following paragraph—
(b) in the circumstances specified in sections 4 and 4A of this Act respectively, to carry goods by road and to secure the provision by other persons of services for the carriage of passengers by road
.
The Transport Act 1968
7 In section 10(1)(xiii) of the 1968 Act (power of Passenger Transport Executive to charge for services, etc.), after the word “Act” there shall be inserted the words “and section 104(1) of the Transport Act 1985 (travel concessions on services provided by Passenger Transport Executives)”.
8 In section 15(2)(b) of that Act (approval of Passenger Transport Authority required for reduction or waiver of charges by Executive), for the words “138(1) of this Act” there shall be substituted the words “104(2) of the Transport Act 1985 (travel concessions on services provided by Passenger Transport Executives)”.
9 In section 16(2) of that Act (annual report of Authorities and Executives to include information with respect to certain businesses carried on by Executives and their subsidiaries), for the words from “which do not” to “road service licence” there shall be substituted the words “other than local services”.
10 In section 34 of that Act (assistance for rural bus or ferry services), as it applies to England and Wales—
(a) in subsection (1) the words “bus service or” shall be omitted; and
(b) after that subsection there shall be inserted the following subsection—
(1A) The Council of the Isles of Scilly may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any bus service if in the opinion of that Council that service is or will be for the benefit of persons residing in rural areas.
.
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 In section 56 of that Act (assistance towards capital expenditure on public transport facilities), for subsection (4) (which excludes grants under the section unless the grant-making authorities are satisfied that the purpose in view accords with general transport planning for the relevant locality) there shall be substituted the following subsection—
(4) No grant under subsection (1) of this section shall be made for any purpose unless the Secretary of State is satisfied that the provision, improvement or development of the facilities in question is appropriate in the light of—
(a) any general policies formulated by a Passenger Transport authority under section 9A(1) or (5) of this Act;
(b) any general policies formulated by a non-metropolitan county council under section 63(1) or by a regional or islands council under section 63(2) of the Transport Act 1985 (policies with respect to services to be secured to meet public transport requirements within the county); and
(c) any measures adopted by such a council under subsection (6) of that section (measures for promoting co-ordination of services and convenience of the public in using services for their area);
which are relevant to the need for facilities of the description in question in the locality in which they are, or are to be, provided; and no payment under subsection (2) of this section shall be made for any purpose unless the local authority or local authorities in question are so satisfied.
The Post Office Act 1969
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Authority Social Services Act 1970
14 At the end of section 5(6) of the Local Authority Social Services Act 1970 (definition of “disqualified” in relation to membership of a social services committee) there shall be inserted the words “or under section 74 of the Transport Act 1985 (disabilities of directors of public transport companies)”.
The Tribunals and Inquiries Act 1971
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government (Scotland) Act 1973
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government (Miscellaneous Provisions) Act 1976
17 (1) In section 46(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976 (prohibition on use as a private hire vehicle of a vehicle which is not a licensed hackney carriage), after the words “hackney carriage” there shall be inserted the words “or London cab”.
(2) In section 75(1) of that Act (vehicles to which Part II does not apply), the following paragraph shall be inserted after paragraph (c)—
(cc) apply to a vehicle while it is being used in connection with a wedding;
and paragraph (d)(i) shall be omitted.
(3) In section 80(1) of that Act (interpretation of Part II)—
(a) the following definition shall be inserted at the appropriate place—
“London cab” means a vehicle which is a hackney carriage within the meaning of the Metropolitan Public Carriage Act 1869;
;
(b) in the definition of “private hire vehicle”, after the words “service vehicle” there shall be inserted the words “or a London cab”; and
(c) in the definition of “vehicle licence”, after the words “the Act of 1847” there shall be inserted the words “in relation to a London cab a licence under section 6 of the Metropolitan Public Carriage Act 1869”.
The Licensing (Scotland) Act 1976
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Concessionary Travel for Handicapped Persons (Scotland) Act 1980
19 (1) In section 1 of the Concessionary Travel for Handicapped Persons (Scotland) Act 1980 (travel concessions for handicapped persons)—
(a) subsection (1) shall be omitted; and
(b) for subsection (2) there shall be substituted the following subsection—
(2) Section 93 of the Transport Act 1985 (travel concession schemes) shall apply in relation to handicapped persons as it applies in relation to persons mentioned in subsection (7) of that section.
.
(2) In section 2(1) of that Act (interpretation)—
(a) in the definition of “handicapped persons”, for the words from “qualified” to “1964” there shall be substituted the words “eligible persons within the meaning of section 93(7) of the Transport Act 1985”;
(b) the definition of “public service vehicle” shall be omitted; and
(c) in the definition of “travel concession”, for the word “1955” there shall be substituted the word “1985”.
The Transport Act 1980
20 In section 64(3) of the Transport Act 1980 (definition of taxi), for the words “section 270 of the Burgh Police (Scotland) Act 1892” there shall be substituted the words “section 10 of the Civic Government (Scotland) Act 1982”.
The Public Passenger Vehicles Act 1981
21 (1) The Public Passenger Vehicles Act 1981 shall be amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In section 16(1), there shall be inserted at the beginning “Subject to subsection (1A) below and section 12(7) of the Transport Act 1985”.
(5) In section 17(3) (grounds for the revocation, suspension, etc., of a PSV operator’s licence by a traffic commissioner), there shall be added at the end—
(f) the licence is one in relation to which a direction given by a traffic commissioner under section 28(4) of the Transport Act 1985 (power when disqualifying a former licence holder to direct that certain other PSV operators’ licences should be liable to be revoked, suspended, etc.) has effect
.
(6) In section 17(4) (traffic commissioners not to take action under section 17(1) or (2) without first holding public sitting) for the words “a public sitting” there shall be substituted the words “an inquiry”.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In section 56(1) (records of licences, etc.), there shall be added at the end, the words “and shall allow the record to be inspected at all reasonable times by members of the public”.
(9) In section 60 (power to make regulations), in subsection (1)(f) after the word “by” there shall be inserted the words “, and the information to be displayed in or on”, and at the end there shall be added the words “or it is to be displayed”.
(10) In section 79 (vehicles excluded from regulation as private hire vehicles), for the words “or 42(1)” there shall be substituted the words “or (4)”.
(11) In section 87 (power to repeal specified sections of the Act), for the reference to “50(6)(b)” there shall be substituted a reference to “51(1)(b)”.
(12) In Schedule 1 (conditions affecting status or classification as a public service vehicle), paragraph 4 (parties of overseas visitors) shall cease to have effect.
The Local Government Finance Act 1982
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Civic Government (Scotland) Act 1982
23 (1) The Civic Government (Scotland) Act 1982 shall be amended as follows.
(2) In section 18(6) (power of Secretary of State to make rules as to procedure in relation to appeals in respect of taxi fares), after the word “may” there shall be inserted the words “by order made by statutory instrument”.
(3) In section 20(1) (regulations relating to taxis and private hire cars and their drivers), at the end there shall be added the words—
and may provide that such conditions shall be imposed or, as the case may be, shall not be imposed for different areas or classes of areas; and different conditions or classes of conditions may be prescribed in relation to different categories of taxi or private hire car.
(4) In section 21(2) (offences), after the word “driver” where second occurring there shall be inserted the words—
(otherwise than in a public place from the person to be conveyed in it, or a person acting on his behalf, for a journey beginning there and then)
.
(5) In section 10 (taxi and private hire car licences), for subsection (3) (refusal to grant taxi licences) there shall be substituted the following subsection—
(3) Without prejudice to paragraph 5 of Schedule 1 to this Act, the grant of a taxi licence may be refused by a licensing authority for the purpose of limiting the number of taxis in respect of which licences are granted by them if, but only if, they are satisfied that there is no significant demand for the services of taxis in their area which is unmet.
The London Regional Transport Act 1984
24 In section 35(1) of the London Regional Transport Act 1984 (application of section to certain businesses carried on by London Regional Transport or any subsidiary of theirs), for the words from “which do not” to the end there shall be substituted the words “other than local services (within the meaning of the Transport Act 1985)”.
25 In section 55(3) of that Act (definitions of expressions used in the penalty fares provisions), for the definition of “bus service” there shall be substituted the following—
“”bus service’ means a local service within the meaning of the Transport Act 1985 other than an excursion or tour within the meaning of that Act;”.
26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 In Schedule 5 to that Act (transitional provisions and savings)—
(a) at the end of paragraph 10 there shall be added the following sub-paragraph—
(9) In this paragraph and paragraphs 11 and 12 below—
(a) “London bus service” has the same meaning as in Part II of the Transport Act 1985; and
(b) “London local service licence” means a London local service licence under that Part of that Act.
;
(b) for the word “road”, in each place where it occurs in paragraphs 11 and 12, there shall be substituted the words “London local”;
(c) in paragraph 11(4) the words from “(and shall accordingly” to the end shall be omitted;
(d) in paragraph 12(3), for the words “the Public Passenger Vehicles Act 1981” there shall be substituted the words “Part II of the Transport Act 1985”;
(e) in paragraph 12(4), for the words “31(2) to (4), 34 and 35” there shall be substituted the words “37(2) and (3) and 39”;
(f) in paragraph 12(5), for “32(1)” there shall be substituted the words “38(1) and (2)” and for the words “subsection (5)” there shall be substituted the words “subsections (6) and (7)”;
(g) paragraph 12(6) shall be omitted; and
(h) in paragraph 12(7), for “37(2)” there shall be substituted “41(1)”.
Section 139(3).
Chapter | Short title | Extent of repeal
. . . | . . . | . . .
20 & 21 Geo. 5. c. 43. | The Road Traffic Act 1930. | In section 101(2), paragraph (a).
In section 121(1A), the words “contract carriages”.
2 & 3 Eliz. 2 c. 64. | The Transport Charges &c. (Miscellaneous Provisions) Act 1954. | Section 1.
In section 12, in subsection (1), the words from “including” to “Act” and subsection (2).
In section 13(1), the words “public service vehicles, road service licences and”.
3 & 4 Eliz. 2. c. 26. | The Public Service Vehicles (Travel Concessions) Act 1955. | The whole Act.
10 & 11 Eliz. 2. c. 46. | The Transport Act 1962. | In section 4, in subsection (1)(a), the word “and” immediately following sub-paragraph (ii), sub-paragraph (iii) and the words “and passengers”, subsection (5), and in subsection (6) the words “or passengers”.
Section 57, except subsection (7).
In section 92, the definitions of the following expressions— “contract carriage”; “express carriage”; and “stage carriage”.
Schedule 10.
1964 c. 95. | The Travel Concessions Act 1964. | The whole Act.
1965 c. 25. | The Finance Act 1965. | In section 92(1), the words “any bus service”.
1968 c. 73. | The Transport Act 1968. | In section 9, in subsection (6) the words “or 6”, and subsection (7).
In section 10(2), the words from “or with the consent” to “Act”.
Section 11(1), as it applies to England and Wales.
In section 12(3)(d), the words from “or by” to the end of the paragraph.
In section 14(3), as it applies to Scotland, the words “for the designated area”.
In section 15, subsection (1)(a), in subsection (2)(a) the words from “or provided by” to “Act”, subsection (3) and—
(a) in relation to England and
Chapter | Short title | Extent of repeal
1968 c. 73.—cont. | The Transport Act 1968—cont. | Wales, the words in subsection (2) following paragraph (b) and subsection (4); and
(b) in relation to Scotland, the words in subsection (2) from “and, in the case” to the end.
Section 15A(1).
In section 16(2), the words from “and if” to “would not”.
Sections 17 to 19.
In section 20, subsection (1), in subsection (2) the words “to which this section applies” and in paragraph (a) the words “review as soon as may be, and subsequently”, and subsection (8).
Section 21.
In section 22, in subsections (1) and (2) the words “or regulations”, and subsections (3) to (6).
Section 24(3).
Section 29(4).
In section 34(1) as it applies to England and Wales, the words “bus service or”.
In section 34, as it applies to Scotland, subsection (1) and, in subsection (3), the words “(1) or”.
Section 36.
In section 54, in subsection (5)(d) the words from “and to the Bus Company” to “Scottish Group”, and in the words following paragraph (d) the words from “or, where” to “jointly” and the words from “or, as the case may be” to the end, and subsection (6).
Section 59(3).
Section 88.
Section 90.
In section 103(1), the definition of “licensing authority”.
Section 138.
In section 159(1), the definitions of the following expressions— “area bus service”; “excursion or tour”; “express carriage” and “state carriage”; and “road service licence”.
Chapter | Short title | Extent of repeal
1968 c. 73.—cont. | The Transport Act 1968—cont. | In Schedule 5—
Part I;
in Part II, paragraph 1; and in Part III—
paragraphs 1, 2, 3(a), 4, 5, 10, 11(c), 12, 16 and 17;
in paragraphs 6, 7 and 9, the words “the Authority and” and “respectively” in each place where they occur;
in paragraph 8, the words “the Authority or” and “the chairman of the Authority or, as the case may be”;
in paragraph 11, in sub-paragraph (a), the words “the Authority or” and in sub-paragraph (b), the words “the Authority”; and
in paragraph 13, the words “the Authority or”, in both places where they occur, and “the Authority” where those words last occur.
Schedule 6.
In Part II of Schedule 10, the entries relating to the Transport Act 1962.
1969 c. 48. | The Post Office Act 1969. | In section 7(1A)(f), the words from “above” to the end.
1970 c. 24. | The Finance Act 1970. | Section 16(1).
1972 c. 70. | The Local Government Act 1972. | Section 80(4).
Section 186(5).
In section 202, subsection (1), the words “Subject to subsection (3) below” in subsection (2) and subsections (3) to (7).
In Schedule 24, Part II.
1973 c. 65. | The Local Government (Scotland) Act 1973. | Section 150(5).
Section 151.
In Schedule 18, paragraphs 1(a) to (d) and (f), 7(c), 10, 11, 20, 21(1), 27 and 28.
1974 c. 7. | The Local Government Act 1974. | In Schedule 6, paragraph 22(7).
1976 c. 76. | The Energy Act 1976. | In Schedule 1, in paragraph 1(1)(c) the words “or Part III” and “and”, paragraph 1(1)(d) and in paragraph 1(2) the words “section 60 of” and the words from “general” to “first vehicles”.
Chapter | Short title | Extent of repeal
1978 c. 55. | The Transport Act 1978. | Sections 1 to 4.
1980 c. 29. | The Concessionary Travel for Handicapped Persons (Scotland) Act 1980. | Section 1(1).
In section 2(1), the definition of “public service vehicle”.
1980 c. 34. | The Transport Act 1980. | In Schedule 5, in Part II, the paragraph amending the Transport Act 1968.
1980 c. 65. | The Local Government, Planning and Land Act 1980. | In section 4(4)(e), the words from “established” to the end.
In section 82, in subsection (1)(a) the words “whose area is either the whole or part of one county”, and subsections (2) and (3).
1981 c. 14. | The Public Passenger Vehicles Act 1981. | In section 1, in subsection (3) the word “II” and in subsection (5) the words “section 2”.
Section 2.
In section 16(8), the words “under this section”.
Section 28.
Part III.
Sections 42 to 45.
In section 46, in subsection (1)(b) the word “bus” (where it occurs in “local bus service”), and in subsection (3) the definition of “local bus service”.
Sections 47 to 49.
In section 52(1)(a)(i), the words “and road service licences”.
In section 52(3), the words “or by virtue of regulations under section 44 of this Act”.
In section 53(1), the word “the” before the words “traffic commissioners” and the words “or section 45”.
In section 56, in subsection (1) the words “them or” and subsection (2).
In section 57, the words “or road service licence” (in each place where they occur).
In section 58(2), the words “or road service licence”.
In section 59, in paragraph (a) the words “road service licences”, and in paragraph (b) the words “or road service licences”.
Chapter | Short title | Extent of repeal
1981 c. 14.—cont. | The Public Passenger Vehicles Act 1981.—cont. | In section 60—
in subsection (1), the words from “for any purpose” to “generally”, the words from “and regulations under this section” to the end, paragraph (d) and in paragraph (h) the words “or, as the case may be, the commissioner of police of the metropolis”; and
subsection (3).
In section 61(2), the words “section 59 or 60 of”.
Section 62.
In section 65(1)(a), the words “or III”.
In section 66(a), the words “or III”.
In section 67, the words “other than regulations made under section 44 thereof”.
In section 68, in subsection (2) the words “33(7), 40(6)”.
In section 69(1), the words “or III”.
In section 70(1), the words “or III”.
In section 71(1), the words “or III”.
In section 72, the words “or III”.
In section 74(1), the words “or Part III”.
In section 76, the words from “except” to the end.
Section 81(2).
In section 82(1), the definitions of the following expressions—
“community bus service”;
“contract carriage”;
“excursion or tour”;
“express carriage” and “express carriage service”;
“road service licence”;
“stage carriage” and “stage carriage service”; and
“trial area”.
In section 83, in subsection (1) the words “”stage carriage”, “express carriage” or “contract carriage”’, and subsection (2).
In Schedule 1, paragraphs 3 and 4.
Schedule 4.
Schedule 5.
Chapter | Short title | Extent of Repeal
1982 c. 49. | The Transport Act 1982. | Part I.
In section 73(4), the words “5(5) or”.
1983 c. 10. | The Transport Act 1983. | In section 3, in subsection (1) the word “and” immediately following paragraph (a), and in subsection (4) the word “and” immediately following paragraph (b).
Section 9(2).
1984 c. 27. | The Road Traffic Regulation Act 1984. | Section 3(4).
In Schedule 13, paragraphs 48 and 49.
1984 c. 32. | The London Regional Transport Act 1984. | In section 28, in subsection (1) paragraph (d) and the word “or” immediately preceding it, and in subsection (2) the words “and the council of any district”.
Sections 43 to 45.
In section 50, subsections (2) and (6) and, in subsection (8)(a), sub-paragraph (i) and the words from “and any person” to the end of the paragraph.
In section 68, the definitions of “London bus service” and “road service licence”.
In Schedule 5, in paragraph 11(4) the words from “(and shall accordingly” to the end, and paragraph 12(6).
In Schedule 6, paragraphs 3, 5, 6 and 15(1)(a).
1985 c. 51. | The Local Government Act 1985. | In section 42(1)(c), the words “which is or was coterminous with a metropolitan county”.
In Schedule 12, paragraphs 1, 2, 3(2) and 4.
In Schedule 14, paragraph 59(1)(e).