(1) In this section and section 23 of this Act—
“community bus service” means a local service provided—
(a) by an exempt body concerned for the social and welfare needs of one or more communities;
(b) without a view to profit, either on the part of that body or of anyone else; and
(c) by means of a vehicle adapted to carry more than eight ... passengers; ...
“community bus permit” means a permit granted to an exempt body under this section in relation to the use of a public service vehicle—
(a) in providing a community bus service; or
(b) in providing a community bus service and (other than in the course of a local service) carrying passengers for hire or reward where the carriage of those passengers will directly assist the provision of the community bus service by providing financial support for it ; and
“exempt body” has the same meaning as in section 18 of this Act.
(2) A community bus permit may be granted by a traffic commissioner.
(3) A traffic commissioner shall not grant a community bus permit unless he is satisfied that there will be adequate facilities or arrangements for maintaining in a fit and serviceable condition any vehicle used under the permit.
(4) An exempt body may hold more than one community bus permit but may not use more than one vehicle at any one time under the same permit.
23 Further provision with respect to community bus permits.
(1) The requirements mentioned in subsection (2) below shall be conditions of every community bus permit and shall apply in relation to any use of a vehicle under such a permit.
(2) Those requirements are that—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the driver either holds a passenger-carrying vehicle driver’s licence or PCV Community licence (within the meaning of Part IV of the Road Traffic Act 1988) or a public service vehicle driver’s licence or PCV Community licence or fulfils any conditions prescribed in relation to a person driving a vehicle which is being used under a community bus permit; and
(c) any vehicle used under the permit fulfils any prescribed conditions of fitness for such use.
(3) A traffic commissioner may at any time attach to a community bus permit ... such conditions (or additional conditions) of a prescribed description as he thinks fit for restricting or regulating the use of any vehicle under the permit.
(4) A traffic commissioner may at any time while a community bus permit is in force vary or remove any condition attached to it under subsection (3) above.
(5) Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a condition attached to a community bus permit is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) A traffic commissioner may at any time revoke a community bus permit on the ground—
(a) that he is not satisfied with respect to the adequacy of facilities or arrangements for maintaining in a fit and serviceable condition any vehicle used under the permit;
(b) that there has been a contravention of any condition attached to the permit; or
(c) that a prohibition under section 9 of the 1981 Act (power to prohibit driving of unfit public service vehicles) has been imposed with respect to a vehicle used under the permit ....
(6A) A community bus permit shall remain in force until—
(a) it is revoked under subsection (6) above, or
(b) it ceases to have effect under subsection (6B) or (6C) below.
(6B) A community bus permit granted at any time to an exempt body ceases to have effect on the date on which the body ceases to be an exempt body.
(6C) A community bus permit granted before 1st October 2019 ceases to have effect on that date if the body to whom it was granted is not an exempt body on that date.
(7) Where regulations are made by virtue of subsection (1)(c) above, section 6 of the 1981 Act (certificate of initial fitness for public service vehicles) shall not apply in relation to any vehicle subject to the regulations.
(8) Regulations may prescribe—
(a) the form of community bus permits; and
(b) the documents, plates and marks to be carried by any vehicle while it is being used under a community bus permit and the manner and position in which they are to be carried.
(9) See also section 23A of this Act (power to limit permits under section 19 or 22 to 5 years).
23A Power to limit permits under section 19 or 22 to 5 years
(1) Regulations may provide that any permit granted under section 19 or 22 of this Act on or after a date specified in the regulations is to be for such period not exceeding 5 years as may be identified in the permit by the person granting it.
(2) Nothing in subsection (1) above or any regulations made by virtue of that subsection prevents the grant of subsequent permits under section 19 or 22 of this Act to any person for further such periods.
24 Limit on number of vehicles to be used under a restricted licence.
(1) In section 16 of the 1981 Act (conditions attached to PSV operators’ licences)—
(a) the following subsection shall be inserted after subsection (1)—
(1A) In the case of a restricted licence, the number specified as the maximum in any condition imposed under subsection (1) above shall not, except in any prescribed case or class of case, exceed two.
;
(b) in subsection (8) of that section (power of traffic commissioner to dispense temporarily with conditions attached under that subsection), after the words “under this section” there shall be inserted the words “(other than a condition so attached under subsection (1A) above)”; and
(c) in subsection (9) of that section (limited effect of conditions attached under subsection (1)), after the words “subsection (1)” there shall be inserted the words “or (1A)”.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 Objections to application for PSV operator’s licence.
After section 14 of the 1981 Act (grant of licences) there shall be inserted the following section—
Objections to application for PSV operator’s licence.
14A (1) Where an application is made for the grant of a PSV operator’s licence under this Act, any chief officer of police or local authority may object to the grant of the licence on the ground that one or more of the requirements mentioned in section 14(1) and (3) of this Act are not satisfied in relation to the application.
(2) An objection under this section shall be made within the prescribed time and in the prescribed manner and shall contain particulars of the ground on which it is made.
(3) The onus of proof of the existence of the ground on which an objection is made shall lie on the objector.
(4) In this section “local authority” means—
(a) in England and Wales, the council of a county, district or London borough or the Common Council of the City of London or a Passenger Transport Executive; and
(b) in Scotland, a regional or islands council.
(5) This section does not apply in relation to any application for a special licence (within the meaning of section 12 of the Transport Act 1985).
(1) Where Subsection (1A) below applies in any case where it appears to a traffic commissioner, in relation to a person (“the operator”) who has been granted or to whom it is proposed to grant a PSV operator’s licence, that—
(a) the operator has failed to operate a local service registered under section 6 of this Act; or
(b) the operator has operated a local service in contravention of that section or section 113J(4) or (5), 118(4) , 123J(3) , 129(1)(b) or 138J(9) of the Transport Act 2000; or section 3F(1) or section 13B(1)(b) or (3) of the Transport (Scotland) Act 2001; or
(bza) the operator has failed to comply with a requirement imposed by virtue of section 123X(7)(c), 134B(7)(c) or 138S(7)(c) of the Transport Act 2000; or
(ba) the operator has failed to comply with section 134F, 138 or 140(3) of the Transport Act 2000; or ; or
(baa) the operator has failed to take all reasonable steps to comply with a requirement imposed under section 143A or 143B of the Transport Act 2000; or
(bb) the operator has failed to comply with section 32(1) or 34(3) of the Transport (Scotland) Act 2001;
(bba) the operator has failed to comply with a requirement to provide information (including a requirement to provide it within a specified time or in a specified form) under section 3K(2) or 13R(2) of the Transport (Scotland) Act 2001,
(bbb) the operator has failed to comply with a requirement under section 6ZA of this Act,
(bbc) the operator has failed to comply with a requirement under article 28 of the Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023
(bc) the operator has failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010;
(c) the arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition are not adequate for the use of those vehicles in providing the local service or services in question; or
(d) the operator, or any employee or agent of his, has—
(i) intentionally interfered with the operation of a local service provided by another operator;
(ii) operated a local service in a manner dangerous to the public; or
(iii) been guilty of any other serious misconduct (whether or not constituting a criminal offence) in relation to the operation of a local service; or
(e) a condition attached under section 8 of this Act to the operator’s licence has been contravened;
(1A) The traffic commissioner A traffic commissioner may (on granting the licence or at any other time) attach , or direct a traffic commissioner for another traffic area to attach, a condition falling within subsection (1B) below to any one or more of the following PSV operator's licences (wherever granted)—
(a) the licence mentioned in subsection (1) above;
(b) any other licence held by the operator;
(c) where the operator is an undertaking, any licence held by a group undertaking in relation to that undertaking (see subsection (7) below).
(1B) The conditions are—
(a) a condition prohibiting the holder of the licence from using vehicles under the licence to provide any local service of a description specified in the condition;
(b) a condition prohibiting the holder of the licence from so using vehicles to provide local services of any description.
(1C) A condition under subsection (1A) may be attached—
(a) indefinitely; or
(b) for a period of time specified by the traffic commissioner (which may commence immediately or on a date so specified).
(2) The commissioner may attach a condition to a PSV operator’s licence under subsection (1) subsection (1A) above, by reference to circumstances falling within paragraph (a) or (b) of that subsection subsection (1) above if, but only if, it appears to him that the operator did not have a reasonable excuse for his conduct or that it is appropriate to attach ... the condition in view of—
(a) the danger to the public involved in the operator’s conduct; or
(b) the frequency of conduct of the kind in question on the part of the operator.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where the effect of a condition attached to a PSV operator’s licence under subsection (1) subsection (1A) above is that the operator of a local service registered under section 6 of this Act is prohibited from using vehicles under the licence to provide that service, a traffic commissioner may cancel the registration.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Where Subsection (5A) below applies in any case where it appears to a traffic commissioner that—
(a) vehicles used under the licence (or under any PSV operator’s licence previously held by the operator) have not been maintained in a fit and serviceable condition; or
(b) the operator has been involved in arrangements with any other operator for the use of each other’s vehicles with a view to hindering enforcement of any requirements of the law relating to the operation of those vehicles;
(5A) The traffic commissioner A traffic commissioner may (on granting the licence or at any other time) attach , or direct a traffic commissioner for another traffic area to attach, to any one or more of the licences mentioned in subsection (5B) below a condition restricting the vehicles which the operator may use under the licence to vehicles specified in the condition.
(5B) The licences are the following PSV operator's licences (wherever granted)—
(a) the licence mentioned in subsection (5) above;
(b) any other licence held by the operator;
(c) where the operator is an undertaking, any licence held by a group undertaking in relation to that undertaking (see subsection (7) below).
(5C) Where a direction is given under subsection (5A) above to a traffic commissioner for another area, that traffic commissioner must either—
(a) attach the condition to the licence; or
(b) if he considers that there is a good reason not to attach the condition to the licence, inform the traffic commissioner who gave the direction of that fact and of the reason.
(6) A condition attached to a licence under subsection (5) subsection (5A) above shall—
(a) apply only to vehicles which have their operating centre in the traffic area to which the licence relates; and
(b) be in addition to (and not be taken as prejudicing in any way) any conditions attached to the licence under section 16 of the 1981 Act as to the maximum number of vehicles which the operator may at any one time use under the licence.
(7) In this section “undertaking” and “group undertaking” have the same meaning as in the Companies Acts (see section 1161 of the Companies Act 2006).
27 Supplementary provisions with respect to conditions attached to PSV operator’s licence under section 26.
(1) Before attaching any condition to a PSV operator’s licence under section 26 of this Act, a traffic commissioner shall hold an inquiry if a request for an inquiry has been received by a traffic commissioner (within the prescribed period) from the holder of, or (as the case may be) applicant for, the licence.
(2) Subsection (1) above shall not apply where the traffic commissioner is satisfied that the condition should be attached without delay.
(3) Where, in reliance on subsection (2) above, a traffic commissioner attaches any such condition to a PSV operator’s licence without first holding an inquiry, he or another traffic commissioner shall hold one as soon as is reasonably practicable if a request for a traffic commissioner to do so is made to a traffic commissioner, before the end of such period as may be prescribed, by the holder of the licence.
(4) For the purposes of section 16(5) of the 1981 Act (traffic commissioner’s power to vary or remove conditions attached under section 16(3) of that Act to a PSV operator’s licence), a condition attached under section 26 of this Act shall be treated as attached under section 16(3) of that Act.
(5) Nothing in section 26 shall be taken as prejudicing the generality of the power under that Act to prescribe descriptions of conditions for the purposes of section 16(3) of that Act.
27A Additional powers where service not operated as registered
(1) This section applies in any case where it appears to a traffic commissioner that a person (“the operator”)—
(a) has, or may have, failed to operate a local service registered under section 6 of this Act; or
(b) has, or may have, failed to operate such a service in accordance with the particulars registered under that section.
(2) The traffic commissioner may direct a local traffic authority to provide him or another traffic commissioner, within a specified period, with specified information connected with any aspect of the performance of their duties under section 16 or 17 of the Traffic Management Act 2004 (the network management duty, and arrangements for network management).
This subsection is supplemented by provisions in section 27B of this Act.
(3) If the traffic commissioner holds an inquiry in connection with deciding whether—
(a) to attach a condition under section 26 of this Act, or
(b) to make an order under section 155 of the Transport Act 2000,
subsections (2) and (3) of section 250 of the Local Government Act 1972 (attendance of witnesses etc) apply to the inquiry as they apply to an inquiry under that section.
(4) If the traffic commissioner identifies any remedial measures (see subsection (5)) which, in the traffic commissioner's opinion, could be taken—
(a) by the operator, or
(b) by a local traffic authority,
the traffic commissioner may prepare a report recommending the implementation of those measures.
(5) In this section “remedial measures” means measures which, in the opinion of the traffic commissioner, would enable or facilitate the operation of the service in accordance with the particulars registered under section 6 of this Act.
(6) A traffic commissioner who prepares a report under subsection (4) above—
(a) must send a copy of the report to the operator and, if any of the recommended remedial measures are for implementation by a local traffic authority, to that authority;
(b) must, if the implementation of any of the measures in the report would affect the operation of bus services in an integrated transport area, send a copy of the report to the Integrated Transport Authority for that area;
(c) may send a copy of the report to any one or more of the persons in subsection (7) below;
(d) may publish the report.
(7) The persons are—
(a) the appropriate national authority,
(b) any local traffic authority , Integrated Transport Authority , combined authority or combined county authority which the traffic commissioner considers appropriate,
and any other persons whom the traffic commissioner considers appropriate.
(7A) In this section “the traffic commissioner” means the traffic commissioner dealing with the matter.
(8) See subsection (6) of section 27B of this Act for the meaning of some of the expressions used in this section.
(1) This section supplements section 27A of this Act.
(2) In this section “direction” means a direction under subsection (2) of that section.
(3) The information that may be specified in a direction must be information which the local traffic authority have in their possession or can reasonably be expected to acquire.
(4) The information that may be specified in a direction includes information relating to—
(a) the management of a local traffic authority’s road network; or
(b) the use of their road network by different kinds of traffic or the effects of that use.
(5) A direction may be given—
(a) to one or more local traffic authorities; or
(b) to local traffic authorities of a description specified in the direction.
(6) In section 27A of this Act and in this section the following expressions have the same meaning as in Part 2 of the Traffic Management Act 2004 (network management by local traffic authorities)—
appropriate national authority,
local traffic authority,
road network,
traffic,
except that “local traffic authority” does not include Transport for London, a London borough council or the Common Council of the City of London.
(1) Where a traffic commissioner revokes a PSV operator’s licence, he may order the former holder to be disqualified, indefinitely or for such period as he thinks fit, from holding or obtaining a PSV operator’s licence.
(2) So long as a disqualification imposed under subsection (1) above is in force with respect to any person,
(a) any PSV operator’s licence held by him at the date of the making of the order under subsection (1) above (other than the licence revoked) shall be suspended (that is, shall remain in force subject to the limitation that no vehicles are authorised to be used under it); and
(b) notwithstanding section 14(3) of the 1981 Act, no PSV operator’s licence may be granted to him.
(2A) If a person obtains a PSV operator’s licence while he is disqualified under subsection (1) above, the licence shall be void.
(3) An order under subsection (1) above may be limited so as to apply only to the holding or obtaining of a PSV operator’s licence in respect of one or more specified traffic areas and, if the order is so limited, subsection (2) above shall apply only to any PSV operator’s licence to which the order applies.
(4) Where a traffic commissioner makes an order under subsection (1) above with respect to any person, he may direct that if that person, at any time during such period as he may specify—
(a) is a director of, or holds a controlling interest in—
(i) a company which holds a licence of the kind to which the order applies; or
(ii) a company of which a company which holds such a licence is a subsidiary; or
(b) operates any public service vehicles in partnership with a person who holds such a licence;
the powers under section 17(2) of the 1981 Act (revocation, suspension, etc., of PSV operators’ licences) shall be exercisable in relation to that licence by a traffic commissioner.
(5) The powers conferred by this section in relation to the person who was the holder of a licence shall be exercisable also—
(a) where that person was a company, in relation to any officer of that company; and
(b) where that person operated the vehicles used under the licence in partnership with other persons, in relation to any of those other personsand any reference in subsection (6A) below to subsection (1) above or to subsection (4) above includes that subsection as it applies by virtue of this subsection.
(6) A traffic commissioner shall not make any such order or give any such direction without first holding an inquiry if any person affected by the proposed order or direction requests him to do so.
(6A) Where an order disqualifying a person has been made under subsection (1) above, a traffic commissioner may at any time—
(a) cancel that order together with any direction that was given under subsection (4) above when the order was made;
(b) cancel any such direction; or
(c) with the consent of the person disqualified, vary the order or any such direction (or both the order and any such direction).
(7) For the purposes of this section a person holds a controlling interest in a company if he is the beneficial owner of more than half its equity share capital.
29 Duty to give Secretary of State information about certain matters.
In subsections (1) and (2) of section 20 of the 1981 Act (which require the holder of a PSV operator’s licence to inform the traffic commissioners of certain kinds of failure of, or damage or alteration to, a public service vehicle owned by him), for the words “traffic commissioners who granted the licence” there shall be substituted the words “Secretary of State”.
30 Plying for hire by large public service vehicles.
(1) A public service vehicle which is adapted to carry more than eight passengers shall not be used on a road in plying for hire as a whole.
(2) Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
For sections 50 and 51 of the 1981 Act (appeals) there shall be substituted the following sections—
Appeals to the Transport Tribunal.
50 (1) An applicant for the grant of a PSV operator’s licence under this Act may appeal to the Transport Tribunal against any decision of the traffic commissioner—
(a) to refuse to grant the licence in accordance with the application; or
(b) to attach any condition to the licence otherwise than in accordance with the application.
(2) Where a person who has applied for a new PSV operator’s licence in substitution for a licence held by him and in force at the date of his application appeals to the Transport Tribunal under subsection (1) above, the existing licence shall continue in force until the appeal is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 17 of this Act.
(3) Where an application for a PSV operator’s licence is granted under this Act and a person who duly made an objection to the grant under section 14A of this Act is aggrieved by the grant of the licence he may appeal to the Transport Tribunal.
(4) The holder of a PSV operator’s licence may appeal to the Transport Tribunal against any decision of the traffic commissioner—
(a) to refuse his application for the variation or removal of any condition attached to the licence;
(b) to vary any such condition, or to attach any new condition to the licence, otherwise than on his application; or
(c) to revoke or suspend the licence or to curtail its period of validity.
(5) Where—
(a) the holder of a PSV operator’s licence in respect of which an order or direction has been made or given under section 28 of the Transport Act 1985 (power to disqualify PSV operators); or
(b) any person in respect of whom any such order or direction has been made or given;
is aggrieved by the order or direction he may appeal to the Transport Tribunal.
(6) The traffic commissioner—
(a) making any such decision with respect to a licence as is mentioned in subsection (4)(b) or (c) above;
(b) making any such order or giving any such direction as is mentioned in subsection (5) above;
may, if the holder of the licence or any such person as is mentioned in subsection (5)(b) above so requests, direct that his decision shall not have effect until the expiration of the period within which an appeal against it may be made to the Transport Tribunal and, if an appeal is made, until it is disposed of.
(7) Where a traffic commissioner has given a direction under subsection (6) above he may withdraw it at any time.
(8) If the traffic commissioner refuses to give a direction under subsection (6) above or withdraws such a direction, the person requesting it may apply for such a direction to the Transport Tribunal and the Transport Tribunal shall give their decision on the application within fourteen days.
(9) This section does not apply in relation to conditions attached to a PSV operator’s licence under section 8 of the Transport Act 1985 (enforcement of traffic regulation conditions).
Appeals to the Secretary of State.
51 (1) A person applying for—
(a) a certificate of initial fitness under section 6 of this Act; or
(b) a certificate under section 10 of this Act that a vehicle conforms to a type vehicle;
may appeal to the Secretary of State against the refusal of a certifying officer to issue such a certificate.
(2) Where the refusal by a certifying officer or public service vehicle examiner to remove a prohibition under subsection (1) of section 9 of this Act (including a prohibition under that subsection as it applies by virtue of section 9A of this Act) has been referred to a certifying officer (“the referee”) under subsection (8) of that section by a traffic commissioner, any person aggrieved by the refusal of the referee to remove the prohibition may appeal to the Secretary of State.
(3) An appeal under this section must be made within the prescribed time and in the prescribed manner; and provision may be made by regulations as to the procedure to be followed in connection with such appeals.
(4) On the determination of an appeal under this section, the Secretary of State may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to the certifying officer for giving effect to his decision; and it shall be the duty of the certifying officer to comply with any such directions.
33 Extension of safety controls to certain passenger vehicles other than public service vehicles.
The following section shall be inserted in the 1981 Act after section 9 (prohibition on driving unfit public service vehicle following inspection under section 8)—
Extension of sections 8 and 9 to certain passenger vehicles other than public service vehicles.
9A (1) Section 8 of this Act shall apply, with the omission of subsection (1)(b), to any motor vehicle (other than a tramcar) which is adapted to carry more than eight passengers but is not a public service vehicle as it applies to a public service vehicle.
(2) Section 9 of this Act shall apply to any such motor vehicle as it applies to a public service vehicle with the omission of subsection (4).
(1) In this Act “London local service” means (subject to subsection (3) below) a local service with one or more stopping places in London.
(2) In this Part of this Act—
(a) “bus service” means a local service other than an excursion or tour; and
(b) “London bus service” means a London local service other than an excursion or tour.
(3) Where a local service is or is to be provided both inside and outside London, any part of the service which is or is to be provided outside London shall be treated as a separate service for the purposes of this Act if there is any stopping place for that part of the service outside London.
(1) Subject to subsection (2) below and to section 36 of this Act, a London local service shall not be provided except under a London local service licence granted in accordance with the following provisions of this Part of this Act.
(2) A London local service licence is not required for the provision by any person under an agreement with the Railways Board , or the Director of Passenger Rail Franchising, of any service secured by the Board or, as the case may be, the Director of Passenger Rail Franchising under section 4A of the 1962 Act (provision of road passenger transport services.)
(3) The traffic commissioner for the Metropolitan Traffic Area (referred to below in this Part of this Act as the metropolitan traffic commissioner) shall be responsible for granting London local service licences.
(4) Subject to subsection (5) below and to section 39(4) of this Act, a London local service licence shall be of no effect at any time at which the holder does not also hold—
(a) a PSV operator’s licence granted by the metropolitan traffic commissioner or by the traffic commissioner for any other traffic area . . .; or
(b) a permit under section 22 of this Act.
(5) Subsection (4) above does not apply to a London local service licence held by a local education authority.
(6) Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a London local service is provided in contravention of subsection (1) above, the operator of the service shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
36 London bus services under control of London Regional Transport.
(1) A London local service licence is not required for the provision of a London bus service—
(a) by London Regional Transport or any subsidiary of theirs; or
(b) by any other person in pursuance of any agreement entered into by London Regional Transport by virtue of section 3(2) or (2A)(a)of the London Regional Transport Act 1984 (referred to below in this section as the 1984 Act).
(2) Where—
(a) London Regional Transport or any subsidiary of theirs propose to provide a new bus service which is to be operated wholly or in part as a London bus service or to vary a bus service currently provided by them which is being so operated; or
(b) London Regional Transport propose to enter into an agreement by virtue of section 3(2) or (2A)(a)of the 1984 Act for the provision of such a new bus service by any other person or to agree to a variation in any bus service currently provided in pursuance of any such agreement which is being so operated;
then, before deciding on, or on the provisions to be contained in any such agreement with respect to, or on any variation affecting, any relevant aspects of that service London Regional Transport shall, so far as the service is or is to be provided in London, consult with the commissioner or commissioners of police concerned, with the local authorities affected, with the Passengers’ Committee and with any other person they think fit.
(3) In subsection (2) above the reference to relevant aspects of the service is a reference to the route of the service, a terminal point, a point at which passengers may or may not be taken up or set down, or a place at which, or street by the use of which, vehicles used for the service may turn at a terminal point.
(4) Where—
(a) London Regional Transport or any subsidiary of theirs propose to discontinue a bus service currently provided by them which is being operated wholly or in part as a London bus service; or
(b) London Regional Transport propose not to renew any agreement entered into by them by virtue of section 3(2) or (2A)(a) of the 1984 Act for the provision by any other person of any bus service which is being so operated, or to agree to the discontinuance of any such bus service currently provided in pursuance of any such agreement;
then, before any decision is taken to that effect, London Regional Transport shall, so far as the service is provided in London, consult with the local authorities affected, with the Passengers’ Committee and with any other person they think fit.
(5) Where an agreement entered into by London Regional Transport by virtue of section 3(2) or (2A)(a) of the 1984 Act for the provision of a bus service relates to such a service part only of which is operated as a London bus service, any provision contained in that agreement with respect to the carriage of passengers other than those who are both taken up and set down in London shall be of no effect if or so far as it is inconsistent with any condition for the time being attached under section 8 of this Act to—
(a) a PSV operator’s licence; or
(b) a permit under section 22 of this Act;
held by the operator of the service.
(6) For the purposes of this section the local authorities affected by any proposal with respect to a bus service are any of the following councils, that is to say, the councils of the London boroughs and the Common Council, in whose area there is situated—
(a) in the case of a proposal to which subsection (2) above applies, any part of the route in question or (as the case may be) the point, place or street in question; or
(b) in the case of a proposal to which subsection (4) above applies, any part of the route of the service.
(7) In this section—
(a) references to a new bus service are references to a bus service which has not been provided continuously since before the date on which this section comes into force (disregarding, in the case of a bus service operated during certain periods of the year only, any period other than one during which the service is due to be operated);
(b) “the Passengers’ Committee” means the London Regional Passengers’ Committee established under section 40 of the 1984 Act;
(c) “subsidiary” has the same meaning as in that Act;
and section 6(5) of and paragraph 11(4) of Schedule 5 to that Act shall apply to references in this section to an agreement entered into by London Regional Transport by virtue of section 3(2) or (2A)(a)of that Act as they apply to such references in that Act.
(1) An application for a London local service licence shall be made in such a form as the metropolitan traffic commissioner may require, and an applicant shall give the commissioner such information as he may reasonably require for disposing of the application.
(2) Where an application is made for the grant of a London local service licence, the commissioner—
(a) shall grant the licence unless he is satisfied that to do so would be against the interests of the public; and
(b) if he grants the licence, shall do so in accordance with the application except to the extent that he is satisfied that to do so would be against the interests of the public.
(3) In considering under subsection (2) above whether the grant of a licence would be against the interests of the public, or the extent to which the grant of a licence in accordance with the application would be against those interests, the commissioner shall in particular have regard to—
(a) the transport needs for the time being of London as a whole and of particular communities within London;
(b) any transport policies or plans which have been made and drawn to his attention by the council of a London borough or by the Common Council; and
(c) any objections or other representations made to the commissioner in the prescribed manner which in his opinion are relevant.
(4) The metropolitan traffic commissioner, on granting a London local service licence, shall send notice of the grant, including particulars of the services to be provided under the licence, to the commissioner or commissioners of police concerned and to each of the local authorities affected.
(1) Subject to subsection (3) below, and to any regulations, the metropolitan traffic commissioner may, on granting a London local service licence, attach to the licence such conditions as he thinks fit having regard to the interests of the public, and in particular to the matters mentioned in section 37(3)(a) to (c) of this Act.
(2) The conditions that may be attached to a London local service licence by virtue of subsection (1) above include, in particular, such conditions as the commissioner thinks fit for securing—
(a) that suitable routes are used in providing any service which may be provided under the licence; and
(b) that passengers are not taken up or are not set down except at specified points, or are not taken up or are not set down between specified points;
and generally for securing the safety and convenience of the public, including persons who are elderly or disabled.
(3) No condition as to fares shall be attached under this section to a London local service licence.
(4) The metropolitan traffic commissioner may at any time while a London local service licence is in force vary the licence by—
(a) altering, in such manner as he thinks fit having regard to the interests of the public, any condition attached to the licence; or
(b) removing any condition attached to the licence, if he thinks fit having regard to those interests; or
(c) attaching to the licence any such condition or additional condition as he thinks fit having regard to those interests.
(5) Where the holder of such a licence makes an application to the commissioner requesting him to exercise his powers under subsection (4) above, the commissioner shall exercise those powers in accordance with the application except to the extent that he is satisfied that to do so would be against the interests of the public.
(6) Compliance with any condition attached to a London local service licence under this section may be temporarily dispensed with by the commissioner if he is satisfied—
(a) that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered; and
(b) that such a dispensation would not be against the interests of the public.
(7) Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a condition attached under this section to a London local service licence is contravened, the holder of the licence shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
39 Grant of licences for certain excursions or tours.
(1) This section applies where, in the case of any application for a London local service licence, the metropolitan traffic commissioner is satisfied that the service which the applicant proposes to provide under the licence (“the proposed service”) would be an excursion or tour and is also satisfied either—
(a) that the proposed service would not compete directly with any authorised London bus service; or
(b) that the proposed service would operate only to enable passengers to attend special events.
(2) In subsection (1)(a) above, “authorised London bus service” means—
(a) any London bus service for which a London local service licence has been granted; and
(b) any London bus service which, by virtue of section 36(1) of this Act, does not require a London local service licence.
(3) In any case to which this section applies, sections 35, 37 and 38 of this Act shall apply subject to the modifications provided by the following provisions of this section.
(4) Section 35(4) of this Act shall not prevent a London local service licence granted in pursuance of this section from having effect for the purposes of the provision of a service by means of a vehicle whose operator holds any such licence or permit as is there mentioned . . ..
(5) The interests of the public falling to be considered under any provision of section 37 or 38 shall be confined to the interests of the public in securing that only places which are suitable for use as such are used as stopping places for the service in question in London.
The reference above in this subsection to the service in question is a reference to the proposed service or the service provided under any London local service licence granted on an application to which this section applies (as the case may require).
(6) For the purposes of this section a place is to be regarded as not being suitable for use as a stopping place for any service if the commissioner is satisfied that its use as such would be prejudicial to the safety or convenience of the public.
(7) Section 37 shall apply with the omission of paragraphs (a) and (b) of subsection (3); and paragraph (c) of that subsection shall apply only in relation to objections or representations made by the commissioner or commissioners of police concerned or by any of the local authorities affected.
(8) Section 38 shall apply with the omission of subsections (1) and (2), but the metropolitan traffic commissioner in granting a licence on any application to which this section applies may attach to the licence such conditions of a description within section 38(2)(b) as he thinks fit, having regard to any objections or other representations that fall to be considered in relation to that application by virtue of section 37(3)(c), for securing that only places which are suitable for use as such are used as stopping places for the proposed service in London.
(9) Any condition attached to a licence under subsection (8) above shall be treated for the purposes of section 38(6) and (7) as if it had been attached under that section.
(10) Every London local service licence granted in pursuance of this section shall include a statement that it is so granted.
(1) Subject to subsection (2) below, a London local service licence may be revoked or suspended by the metropolitan traffic commissioner on the ground that there has been a contravention of any condition attached to it.
(2) The commissioner shall not revoke or suspend a London local service licence unless, owing to the frequency of the breach of conditions, or to the breach having been committed intentionally, or to the danger to the public involved in the breach, the commissioner is satisfied that the licence should be revoked or suspended.
(3) On revoking or suspending a London local service licence the metropolitan traffic commissioner shall send notice of the revocation or suspension to every commissioner of police or local authority notified of the grant of the licence in accordance with section 37(4) of this Act.
(4) A London local service licence suspended under this section shall during the time of suspension be of no effect.
(1) Subject to subsection (2) below, a London local service licence shall, unless previously revoked, continue in force until the end of the period of five years beginning with the date on which it takes effect, unless at the time of the granting of the licence the metropolitan traffic commissioner for special reasons determines that it shall continue in force only for a shorter period, in which case it shall, unless previously revoked, continue in force only until the end of that shorter period.
(2) If, on the date on which a London local service licence is due to expire, proceedings are pending before the metropolitan traffic commissioner on an application for the grant of a new licence in substitution for it, the existing licence shall continue in force until the application is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 40 of this Act.
(3) Nothing in this section shall prevent—
(a) the grant of a London local service licence limited to one or more particular periods or occasions; or
(b) the attachment to a London local service licence of a condition that the service shall be so limited.
(1) A person who has applied for the grant of a London local service licence may appeal to the Secretary of State against any decision of the metropolitan traffic commissioner—
(a) to refuse to grant the licence in accordance with the application; or
(b) to attach any condition to the licence otherwise than in accordance with the application.
(2) Where a person who has applied for a new London local service licence in substitution for a licence held by him and in force at the date of his application appeals to the Secretary of State under subsection (1) above against any such decision as is mentioned in paragraph (a) or (b) of that subsection, the existing licence shall continue in force until the appeal is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 40 of this Act.
(3) The holder of a London local service licence may appeal to the Secretary of State against any decision of the metropolitan traffic commissioner—
(a) to refuse an application by the holder for the variation or removal of any condition attached to the licence;
(b) to vary any such condition, or to attach any new condition to the licence, otherwise than on an application by the holder; or
(c) to revoke or suspend the licence.
(4) Where the commissioner makes any such decision with respect to a licence as is mentioned in subsection (3)(b) or (c) above he may, if the holder of the licence so requests, direct that his decision shall not have effect until the expiration of the period within which an appeal against it may be made to the Secretary of State under that subsection and, if such an appeal is made, until the appeal is disposed of.
(5) If the commissioner refuses to give a direction under subsection (4) above, the holder of the licence may apply to the Secretary of State for such a direction, and the Secretary of State shall give his decision on the application within fourteen days.
(6) A person who has applied for the grant of a London local service licence, or for the variation or removal of any conditions attached to such a licence, shall, if the metropolitan traffic commissioner fails to come to a decision on the application within a reasonable time, have the same right to appeal to the Secretary of State as if the commissioner had decided to refuse the application.
(7) A person other than the applicant for, or holder of, a London local service licence may, if he has standing in the matter in accordance with the following provisions of this section, appeal to the Secretary of State against any decision of the metropolitan traffic commissioner with respect to—
(a) the grant, revocation or suspension of a London local service licence; or
(b) the attachment of any condition to a London local service licence or the variation or removal of any condition attached to such a licence.
(8) Subject to subsection (9) below, the persons having standing to appeal under subsection (7) above against a decision of the metropolitan traffic commissioner with respect to a London local service licence are—
(a) any local authority affected; and
(b) any person providing transport facilities along or near the route, or part of the route, of the service which is being or is to be provided under the licence;
being a local authority or person who has made objections or other representations to the commissioner in the course of the proceedings resulting in that decision.
(9) Subsection (8)(b) above shall not apply in the case of any decision of the metropolitan traffic commissioner on an application to which section 39 of this Act applies or with respect to a London local service licence granted in pursuance of that section.
(10) An appeal under this section must be made within the prescribed time and in the prescribed manner; and provision may be made by regulations as to the procedure to be followed in connection with appeals under this section.
(11) On any appeal under this section the Secretary of State may, if he thinks fit, remit the matter to the metropolitan traffic commissioner for rehearing and determination by him; and, if he does so, he may give to the commissioner such directions as he thinks fit with respect to the consideration to be given to any circumstances of the case.
(12) On the determination of an appeal under this section the Secretary of State may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to the metropolitan traffic commissioner for giving effect to his decision.
(1) An appeal lies to the High Court at the instance of any of the persons mentioned in subsection (2) below on any point of law arising from a decision of the Secretary of State on an appeal from a decision of the metropolitan traffic commissioner.
(2) The persons who may appeal against any such decision of the Secretary of State are—
(a) the person who appealed to the Secretary of State;
(b) any person who had a right to appeal to the Secretary of State against the relevant decision of the commissioner but did not exercise that right;
(c) any person who would have had a right of appeal to the Secretary of State against the relevant decision of the commissioner if aggrieved by that decision and who is aggrieved by the decision of the Secretary of State on the appeal; and
(d) the metropolitan traffic commissioner.
(3) If on an appeal under this section the High Court is of opinion that the decision appealed against was erroneous in point of law, it shall remit the matter to the Secretary of State with the opinion of the court for rehearing and determination by him.
(4) No appeal to the Court of Appeal may be brought from a decision of the High Court under this section except with the leave of the High Court or the Court of Appeal.
(1) The provision of the 1981 Act mentioned in subsection (2) below shall apply in relation to the grant of London local service licences, or to London local service licences granted, under this Part of this Act, as they apply in relation to the grant of PSV operators’ licences, or to PSV operators’ licences granted, under that Act.
(2) Those provisions are—
section 57 (death, bankruptcy, etc., of licence holder);
section 58(2) (grant of licences to unincorporated body or to persons jointly); and
section 59 (regulations with respect to procedure on applications for licences).
(3) Section 84 of that Act (which relates to the effect of that Act in relation to general public interests) shall have effect as if the provisions of this Part of this Act were contained in that Act.
(1) In this Part of this Act—
“commissioner of police” means—
(a) in relation to the metropolitan police district, the Commissioner of Police of the Metropolis; and
(b) in relation to the City of London, the Commissioner of Police for the City of London;
“the Common Council” means the Common Council of the City of London;
“bus service” and “London bus service” have the meanings given by section 34(2) of this Act; and
“metropolitan traffic commissioner” shall be read in accordance with section 35(3) of this Act.
(2) Subject to subsection (3) below, for the purposes of—
(a) section 37(4) of this Act; and
(b) section 42(8)(a) of this Act;
the local authorities affected are any of the following councils, that is to say, the councils of the London boroughs and the Common Council, in whose area the service, or any part of the service, is being or (as the case may be) is to be provided under the licence in question.
(3) For the purposes of—
(a) section 39(7) of this Act; and
(b) section 42(8)(a) of this Act as it applies in a case within subsection (9) of that section;
the local authorities affected are any of the councils mentioned in subsection (2) above in whose area there is situated any stopping place for the proposed service or (as the case may be) for the service which is being provided under the licence in question.
(1) The Secretary of State may by order repeal this Part of this Act.
(2) Any order made under this section may contain such supplementary, incidental, consequential and transitional provisions as may appear to the Secretary of State to be necessary or expedient (including provision making such amendments or repeals in any provision of this or any other Act as may appear to the Secretary of State to be required in consequence of the repeal of this Part of this Act).
(3) 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) When it appears to the Secretary of State that the Bus Company have completed their disposal programme, the Secretary of State may by order provide for the dissolution of the Company.
(2) Any such order may provide for the disposal of any remaining property, rights or liabilities of the Company, and may contain such supplementary, incidental and consequential provisions as may appear to the Secretary of State to be necessary or expedient.
(3) Without prejudice to the generality of subsection (2) above, any such order may in particular make provision—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) making such amendments or repeals in any provision of the 1962 Act or the 1968 Act or of this or any other Act as appear to the Secretary of State to be required in consequence of the dissolution of the Company.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Part of this Act—
(a) references to the Bus Company shall be read in accordance with section 47(1) of this Act; and
(b) “the Company’s disposal programme” has the meaning given by subsection (4) of that section.
(1) In section 9 of the 1968 Act (designation of passenger transport areas and establishment of Passenger Transport Authorities and Executives)—
(a) for subsections (1) to (4) there shall be substituted the following subsections—
(1) For the purposes of this Part of this Act—
(a) each of the following areas, that is to say—
(i) in England and Wales, the metropolitan counties; and
(ii) in Scotland, that part of the Strathclyde region which was a designated area for the purposes of this Part of this Act immediately before the date on which section 57 of the Transport Act 1985 came into operation;
shall be a passenger transport area;
(a) the Passenger Transport Authority for a passenger transport area (referred to below in this Part of this Act, in relation to that area, as “the Authority”) shall be—
(i) in relation to a passenger transport area in England and Wales, the metropolitan county council; and
(ii) in relation to the Strathclyde passenger transport area, the Strathclyde regional council; and
(c) the Passenger Transport Executive for a passenger transport area (referred to below in this Part of this Act, in relation to that area, as “the Executive”) shall be the body which immediately before the date mentioned in paragraph (a) above was the Passenger Transport Executive for the designated area for the purposes of this Part of this Act corresponding to that passenger transport area.
(2) The Executive for a passenger transport area consists of—
(a) a Director General appointed in accordance with Part II of Schedule 5 to this Act by the Authority; and
(b) not less than two nor more than eight other members so appointed by the Authority after consultation with the Director General.
(3) Subject to subsection (2) of this section and Part II of Schedule 5 to this Act, the Secretary of State may by order make with respect to the Executive for any passenger transport area—
(a) such provision with respect to any of the matters referred to in Part III of that Schedule; and
(b) such supplementary, incidental and consequential provision;
as appears to the Secretary of State to be necessary or expedient.
(4) Before making any order under subsection (3) of this section, the Secretary of State shall consult with the Passenger Transport Authority for the area and, where the area is in England and Wales, with the councils of the districts comprised in the area.
;
(b) in subsection (5), as it applies to England and Wales, for the words “constituent areas” there shall be substituted the words “the districts comprised in a passenger transport area”;
(c) in subsection (5), as it applies to Scotland, for the word “designated” there shall be substituted the words “passenger transport”; and
(d) subsection (7) shall be omitted.
(2) After section 9 there shall be inserted the following sections—
General functions of Passenger Transport Authorities and Executives.
9A (1) It shall be the duty of the Authority for any passenger transport area to formulate from time to time general policies with respect to the descriptions of public passenger transport services they consider it appropriate for the Executive for their area to secure for the purpose of meeting any public transport requirements within their area which in the view of the Authority would not be met apart from any action taken by the Executive for that purpose.
(2) The Authority shall seek and have regard to the advice of the Executive for their area in formulating their policies under subsection (1) of this section.
(3) It shall be the duty of the Executive for any passenger transport area to secure the provision of such public passenger transport services as they consider it appropriate to secure for meeting any public transport requirements within their area in accordance with policies formulated by the Authority for their area under subsection (1) of this section.
(4) The Executive shall have power to enter into an agreement providing for service subsidies for the purpose of securing the provision of any service under subsection (3) of this section; but their power to do so—
(a) shall be exercisable only where the service in question would not be provided without subsidy; and
(b) is subject to sections 89 to 92 of the Transport Act 1985 (tendering for local services, etc.).
(5) Where it appears to the Authority for any passenger transport area that it would be appropriate for the Executive for that area to take any measures for the purpose of or in connection with promoting, so far as relates to that area—
(a) the availability of public passenger transport services other than subsidised services and the operation of such services, in conjunction with each other and with any available subsidised services, so as to meet any public transport requirements the Authority consider it appropriate to meet; or
(b) the convenience of the public (including persons who are elderly or disabled) in using all available public passenger transport services (whether subsidised or not);
the Authority may from time to time formulate general policies with respect to the description of such measures to be taken by the Executive for that area, and the Executive shall take such measures for the purpose or in the connection mentioned above as appear to them to be appropriate for carrying out those policies.
(6) It shall be the duty—
(a) of the Authority for any passenger transport area, in formulating any such policies; and
(b) of the Executive for any passenger transport area, in carrying out any such policies;
so to conduct themselves as not to inhibit competition between persons providing or seeking to provide public passenger transport services in their area.
(7) It shall be the duty both of the Authority and of the Executive for any passenger transport area, in exercising or performing any of their functions under the preceding provisions of this section, to have regard to the transport needs of members of the public who are elderly or disabled.
(8) No person who is for the time being—
(a) the operator of any public passenger transport services;
(b) a director of any company or (as the case may be) an employee of any company or other person who is such an operator;
(c) a director or employee of any company which is a member of a group of inter-connected bodies corporate any one or more of which is such an operator;
(d) in Scotland, a partner or (as the case may be) an employee of a partner of such an operator;
shall be appointed as a member, officer or servant of the Executive for any passenger transport area; and any person so appointed who subsequently becomes such an operator, director, partner or employee shall immediately vacate his membership of the Executive, or (as the case may be) his office or employment with the Executive.
(9) References in subsection (5) above to subsidised services are references to services provided under an agreement providing for service subsidies entered into—
(a) by the Executive for the area in question or for any other area under subsection (4) of this section; or
(b) by any non-metropolitan county or district council in England and Wales or by any regional or islands council in Scotland under section 63 of the Transport Act 1985.
(10) For the purposes of subsection (8) above, any two bodies corporate are to be treated as interconnected if one of them is a body corporate of which the other is a subsidiary or if both of them are subsidiaries of the same body corporate; and in that subsection “group of interconnected bodies corporate” means a group consisting of two or more bodies corporate all of which are interconnected with each other in the sense given above.
(11) In this section and section 9B of this Act “public passenger transport services” has the same meaning as in the Transport Act 1985; and—
(a) references in this section to agreements providing for service subsidies; and
(b) references in this section and that section to the operator of, or to persons operating, any public passenger transport services;
shall be read as if contained in that Act.
Consultation and publicity with respect to policies as to services.
9B (1) When considering from time to time the formulation of policies for the purposes of section 9A(1) of this Act, the Authority for a passenger transport area shall consult—
(a) with every Passenger Transport Authority, county council or regional council whose area may be affected by those policies; and
(b) either with persons operating public passenger transport services within their area or with organisations appearing to the Authority to be representative of such persons;
and where the passenger transport area is in England and Wales the Authority shall also consult with the councils of the districts comprised in that area about the requirements of transport arising out of or in connection with the exercise and performance by those councils of their functions as local education authorities or of their social services functions.
(2) As soon as practicable after any occasion when they formulate new or altered policies for those purposes, the Authority concerned shall publish a statement of all policies so formulated by them on that or any previous occasion which for the time being apply in relation to the performance by the Executive for their area of their duty to secure services under section 9A(3).
(3) When the Authority publish such a statement, they shall send a copy of the statement—
(a) to each Authority or council whom they were required to consult under subsection (1)(a) above; and
(b) to each of the persons or (as the case may be) organisations whom they consulted under subsection (1)(b) above;
in relation to the formulation of their policies on the occasion in question.
(4) The Authority shall also—
(a) cause a copy of the statement last published by them under subsection (2) above to be made available for inspection (at all reasonable hours) at such places as they think fit; and
(b) give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of that statement may be inspected.
(3) Section 20 of the 1968 Act (which imposes a special duty on the Executive for any passenger transport area to which that section is applied by an order made by the Secretary of State under subsection (1) of that section to secure by agreement with the Railways Board the provision of such railway passenger services as the Authority decide to be necessary to ensure a proper contribution towards the provision of a properly integrated and efficient system of public passenger transport to meet the needs of their area) shall apply in relation to the Executive for every passenger transport area; and subsection (1) of that section shall accordingly cease to have effect.
(4) Without prejudice to section 17(2)(b) of the Interpretation Act 1978 (preservation of subordinate legislation) any order under section 9(1) of the 1968 Act or under section 202(4) of the 1972 Act (orders establishing Passenger Transport Executives) which applies in relation to a Passenger Transport Executive immediately before this section comes into force shall have effect, so far as it makes with respect to that Executive any such provision as is mentioned in section 9(3) (as substituted by subsection (1) above), as if made under that provision (as so substituted).
(5) Section 9A(8) of the 1968 Act shall not apply in relation to any person appointed before this section comes into force as a member, officer or servant of the Passenger Transport Executive for any passenger transport area.
(6) Schedule 3 to this Act shall have effect for the purpose of making amendments consequential on the provisions of this section in the 1968 Act and in the other enactments there mentioned.
58 Local government reorganisation: transport functions.
(1) The following provisions of this section, with the exception of subsection (5), shall have effect from the abolition date within the meaning of the Local Government Act 1985 (that is to say, 1st April 1986).
(2) In section 9 of the 1968 Act (as amended by section 57(1) of this Act)—
(a) in subsection (1)—
(i) at the beginning there shall be inserted the words “Subject to any order under section 42(1)(c) of the Local Government Act 1985 (alteration or abolition of passenger transport areas, etc.)”; and
(ii) in paragraph (b)(i), for the word “council” there shall be substituted the words “passenger transport authority for the county which is coterminous with or includes that passenger transport area”;
(b) in subsection (4), after the word “the” (where it last occurs) there shall be inserted the words “county which is coterminous with or includes that”; and
(c) in subsection (5), as it applies in England and Wales, after the words “comprised in” there shall be inserted the words “a county which is coterminous with or includes”.
(3) In section 9B(1) of that Act, after the words “comprised in” there shall be inserted the words “the county which is coterminous with or includes”.
(4) In the Local Government Act 1985—
(a) paragraphs 1, 2 and 4 of Schedule 12 shall be omitted;
(b) in section 39(2) (operative dates for Schedule 12), for the words “paragraphs 1 to 4” there shall be substituted the words “paragraph 3”; and
(c) in section 42(1)(c) (reorganisation of functions with respect to passenger transport), after the words “section 39 above” there shall be inserted the words “or section 58 of the Transport Act 1985”.
(5) Provisions of that Act referring generally to that Act, or to any provision made by or under that Act, shall have effect as if subsections (1) to (3) above were contained in that Act.