Transport Act 1968

Designation of [F2 Integrated Transport Areas or] Passenger Transport Areas and establishment and functions of Authorities and Executives E+W

Textual Amendments

F2 Words in s. 9 cross-heading inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 11(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

9 [F3 Passenger Transport Areas, Authorities and Executives.] [F3 Areas, Authorities and Executives.] E+W+N.I.

[F4 (1) [F5 Subject to any order under section 42(1)(c) of the Local Government Act 1985 (alteration or abolition of passenger transport areas, etc.)] for the purposes of this Part of this Act—

(a) each of the following areas [F6 shall be designated as follows], that is to say—

(i) in England and Wales, [F7 each of the metropolitan counties [F8 except [F9 a metropolitan county which is or is included in a combined authority area]] [F10 or a combined county authority area] shall be an integrated transport area]; F11 ...

F12 (ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) in Scotland, such area to be known as the Strathclyde Passenger Transport Area as the Minister may designate for the purposes of section 40 of the Local Government etc. (Scotland) Act 1994 [F13 shall be a passenger transport area];

[F14 (aa) any reference to a “combined authority” is to an authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009 for an area which is or includes a metropolitan county;

(ab) any reference to a “combined authority area” is to an area for which a combined authority is established;]

[F15 (ac) any reference to a “combined county authority” is to an authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 for an area which is or includes a metropolitan county;

(ad) any reference to a “combined county authority area” is to an area for which a combined county authority is established;]

(b) [F16 any reference to “the Authority” is a reference to—

(i) in relation to an integrated transport area in England and Wales, the Integrated Transport Authority established for the metropolitan county which is coterminous with or includes that integrated transport area; F17 ...]

[F18 (ia) in relation to a combined authority area [F19 (except as mentioned in sub-paragraph (ib))], the combined authority;]

[F20 (iaa) in relation to a combined county authority area, the combined county authority;]

[F21 (ib) in relation to the areas of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, those authorities acting jointly through the joint transport committee appointed under article 8 of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018;]

[F22 (ii) in relation to the Strathclyde Passenger Transport Area, the Strathclyde Passenger Transport Authority]

(c) [F23 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 ] [F23 any reference to “the Executive” is a reference to—]

[F24 (i) in England and Wales] [F25 (except as mentioned in [F26 sub-paragraph (ia)] [F26 sub-paragraphs (ia) to (ie)])] 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; [F27 and

[F28 (ia) in relation to the area of the West Yorkshire Combined Authority, that Authority;]

[F29 (iaa) in relation to the area of the West Midlands Combined Authority, that Authority;]

[F30 (ib) in relation to the area of the Greater Manchester Combined Authority, the Greater Manchester Passenger Transport Executive;

(ic) in relation to the area of the Greater Merseyside Combined Authority, the Merseyside Passenger Transport Executive;

(id) in relation to the area of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority, the South Yorkshire Passenger Transport Executive;

[F31 (ie) in relation to the areas of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, the Tyne and Wear Passenger Transport Executive;]]

(ii) in Scotland, the Strathclyde Passenger Transport Executive]

(2) The Executive for [F32 an integrated transport area [F33 , [F34 a combined authority area]] [F35 , a combined county authority area] or] 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 [F36 integrated transport area [F33 , [F37 a combined authority area]] [F38 , a combined county authority area] or] 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 [F39 the Passenger Transport Authority] [F39 the Authority] for the area and, where the area is in England and Wales, with the councils of the districts comprised in the [F40 county which is coterminous with or includes that] area.]

(5) Each of the councils of the districts comprised in [F41 a county which is coterminous with or includes] [F42 a passenger transport area] [F42 an integrated transport area] [F43 [F44 or [F45 a combined authority area] [F44 a combined authority area or a combined county authority area]]] and each of the following bodies namely, the Authority, the Executive and any subsidiary of the Executive, shall have power to enter into and carry out agreements with one another for the giving of assistance by that council to that body or, as the case may be, by that body to that council by way of making available to the assisted party any services or facilities provided by, or any property of, the assisting party.

F46 (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In relation to any area in Scotland or Wales, any reference to the Minister in any provision of this Part of this Act or Schedule 5 F47 . . . thereto other than [F48 section 20(6) and (7)] shall be construed as a reference to the Secretary of State.

[F49 (6A) This section applies in relation to [F50 each of the authorities within subsection (6B)] as if—

(a) subsections (2) to (4) were omitted; and

(b) in subsection (5), the words “the Executive and any subsidiary of the Executive”. were omitted.]

[F51 (6B) The authorities referred to in subsection (6A) are—

(a) the West Yorkshire Combined Authority;

(b) the West Midlands Combined Authority.]

[F52 (6C) Subsection (1)(ab) applies in relation to each of the authorities within subsection (6D) as if for the words “an area for which a combined authority is established” there were substituted “the area consisting of the areas for which the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority are established”.

(6D) The authorities referred to in subsection (6C) are—

(a) the Durham, Gateshead, South Tyneside and Sunderland Combined Authority;

(b) the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority.]

Extent Information

E1 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F3 S. 9 heading substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 2(9); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F4 S. 9(1)–(4) substituted by Transport Act 1985 (c.67, SIF 126) s. 57(1)(a)

F5 Words in s. 9(1) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 98(4), 134(4), Sch. 7 Pt. 4; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F6 Words in s. 9(1)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 2(2)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F7 Words in s. 9(1)(a)(i) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 2(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F8 Words in s. 9(1)(a)(i) inserted (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), art. 1, Sch. 2 para. 2(a)

F9 Words in s. 9(1)(a)(i) substituted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 2(2)(a)

F10 Words in s. 9(1)(a)(i) inserted (26.12.2023) (E.W.) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(2)(a) (with s. 247)

F11 Word in s. 9(1)(a)(i) omitted (E.W.) (1.4.2011) by virtue of The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), art. 1, Sch. 2 para. 2(b)

F12 S. 9(1)(a)(ia) omitted (1.4.2014) by virtue of The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 2(2)(b)

F13 Words in s. 9(1)(a) become words in s. 9(1)(a)(ii) (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 2(2)(c); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F14 S. 9(1)(aa)(ab) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 2(3)

F15 S. 9(1)(ac)(ad) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(2)(b) (with s. 247)

F16 Words in s. 9(1)(b) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 2(3); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F17 Word in s. 9(1)(b)(i) omitted (E.W.) (1.4.2011) by virtue of The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), art. 1, Sch. 2 para. 3(a)

F18 S. 9(1)(b)(ia) substituted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 2(4)

F19 Words in s. 9(1)(b)(ia) inserted (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 11(a)(i) (with art. 28)

F20 S. 9(1)(b)(iaa) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(2)(c) (with s. 247)

F21 S. 9(1)(b)(ib) inserted (E.W.) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 11(a)(ii) (with art. 28)

F22 S. 9(1)(b)(ii) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(b); S.I. 1996/323, art. 4(1)(b)(c)

F23 Words in s. 9(1)(c) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 2(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F24 Words inserted and words in s. 9(1)(c) renumbered as s. 9(1)(c)(i) (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(c)(i); S.I. 1996/323, art. 4(1)(b)(c)

F25 Words in s. 9(1)(c)(i) inserted (E.W.) (1.4.2014) by The West Yorkshire Combined Authority Order 2014 (S.I. 2014/864), art. 1(2), Sch. 2 para. 2(2)(a)

F26 Words in s. 9(1)(c)(i) substituted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 9(2)(a)

F27 S. 9(1)(c)(ii) and preceding word inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(c)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F28 S. 9(1)(c)(ia) inserted (E.W.) (1.4.2014) by The West Yorkshire Combined Authority Order 2014 (S.I. 2014/864), art. 1(2), Sch. 2 para. 2(2)(b)

F29 S. 9(1)(c)(iaa) inserted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 2(2)

F30 S. 9(1)(c)(ib)-(ie) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 9(2)(b)

F31 S. 9(1)(c)(ie) substituted (E.W.) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 11(b) (with art. 28)

F32 Words in s. 9(2) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 2(5); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F33 Words in s. 9(2)(3) inserted (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), art. 1, Sch. 2 para. 4

F34 Words in s. 9(2) substituted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 2(5)

F35 Words in s. 9(2) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(3) (with s. 247)

F36 Words in s. 9(3) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 2(6); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F37 Words in s. 9(3) substituted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 2(5)

F38 Words in s. 9(3) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(4) (with s. 247)

F39 Words in s. 9(4) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 2(7); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F40 Words inserted by Transport Act 1985 (c. 67, SIF 126), s. 58(2)(b)

F41 Words inserted (E.W.) by Transport Act 1985 (c. 67, SIF 126), s. 58(2)(c)

F42 Words in s. 9(5) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 2(8); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F43 Words in s. 9(5) inserted (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), art. 1, Sch. 2 para. 5

F44 Words in s. 9(5) substituted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(5) (with s. 247)

F45 Words in s. 9(5) substituted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 2(5)

F46 S. 9(5A) omitted (1.4.2014) by virtue of The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 2(6)

F47 Words repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 3, Sch. 8

F48 Words substituted by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 3, Sch. 8

F49 S. 9(6A) inserted (E.W.) (1.4.2014) by The West Yorkshire Combined Authority Order 2014 (S.I. 2014/864), art. 1(2), Sch. 2 para. 2(3)

F50 Words in s. 9(6A) substituted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 2(3)

F51 S. 9(6B) inserted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 2(4)

F52 S. 9(6C)(6D) inserted (E.W.) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 11(c) (with art. 28)

Modifications etc. (not altering text)

C4 Pt. 2: functions made exercisable (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 9 (with art. 28)

C5 S. 9(5) modified (E.W.) (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 19(1)

9 Passenger Transport Areas, Authorities and Executives. S

[F185 (1) [F186 Subject to any order under section 42(1)(c) of the Local Government Act 1985 (alteration or abolition of passenger transport areas, etc.)] 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

[F187 (ii) in Scotland, such area to be known as the Strathclyde Passenger Transport Area as the Minister may designate for the purposes of section 40 of the Local Government etc. (Scotland) Act 1994;]

shall be a passenger transport area;

(b) 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 [F188 passenger transport authority for the county which is coterminous with or includes that passenger transport area]; and

[F22 (ii) in relation to the Strathclyde Passenger Transport Area, the Strathclyde Passenger Transport Authority]

(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

[F24 (i) in England and Wales] 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 transport area]

[F27 and

(ii) in Scotland, the Strathclyde Passenger Transport Executive]

(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 [F189 county which is coterminous with or includes that] area.

(5) Each of the councils [F190 constituted under section 2 of the Local Government etc.(Scotland) Act 1994 whose area (or any part of whose area) falls within the Strathclyde Passenger Transport Area] and each of the following bodies namely, the Authority, the Executive and any subsidiary of the Executive, shall have power to enter into and carry out agreements with one another for the giving of assistance by that council to that body or, as the case may be, by that body to that council by way of making available to the assisted party any services or facilities provided by, or any property of, the assisting party.

(6) In relation to any area in Scotland or Wales, any reference to the Minister in any provision of this Part of this Act or Schedule 5. . . F191 thereto other than [F192 section 20(6) and (7)] shall be construed as a reference to the Secretary of State.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F193

Extent Information

E8 This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only.

Textual Amendments

F22 S. 9(1)(b)(ii) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(b); S.I. 1996/323, art. 4(1)(b)(c)

F24 Words inserted and words in s. 9(1)(c) renumbered as s. 9(1)(c)(i) (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(c)(i); S.I. 1996/323, art. 4(1)(b)(c)

F27 S. 9(1)(c)(ii) and preceding word inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(c)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F185 S. 9(1)–(4) substituted by Transport Act 1985 (c.67, SIF 126) s. 57(1)(a)

F186 Words inserted by Transport Act 1985 (c. 67, SIF 126), s. 58(2)(a)(i)

F187 S. 9(1)(a)(ii) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(a); S.I. 1996/323, art. 4(1)(b)(c)

F188 Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 58(2)(a)(ii)

F189 Words inserted by Transport Act 1985 (c. 67, SIF 126), s. 58(2)(b)

F190 Words in s. 9(5) substituted (S.) (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. I para. 2

F191 Words repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 3, Sch. 8

F192 Words substituted by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 3, Sch. 8

F193 S. 9(7), which was added (S.) by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 18 para. 1(f), repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(1)(d), 139(3), Sch. 8

[F53 9A [F54 General functions of Authorities and Executives.] E+W

F55 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F56 (3) It shall be the duty of the Executive for each [F57 integrated transport area] [F58 , combined authority area] [F59 , combined county authority area] or passenger transport area in England to secure the provision of such public passenger transport services as the Authority for the area consider it appropriate for the Executive to secure for meeting any public transport requirements within the area which in the Authority’s view would not be met apart from any action taken by the Executive for that purpose.

(3A) The Authority shall seek and have regard to the advice of the Executive for their area in determining which services it would be appropriate for the Executive to secure under subsection (3) 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 [F60 , or would not be provided to a particular standard,] without subsidy; and

(b) is subject to sections 89 to 92 of the Transport Act 1985 (tendering for local services, etc.).

[F61 (4A) The reference in subsection (4)(a) of this section to the standard to which a service is provided includes—

(a) the frequency or timing of the service;

(b) the days, or times of day, when the service is provided;

(c) the vehicles used to provide the service.]

(5) Where it appears to the Authority for any [F57 integrated transport area] [F62 , combined authority area] [F63 , combined county authority area] or 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 [F57 integrated transport area] [F64 , combined authority area] [F65 , combined county authority area] or passenger transport area, in formulating any such policies; and

(b) of the Executive for any [F57 integrated transport area] [F66 , combined authority area] [F67 , combined county authority area] or passenger transport area, in carrying out any such policies;

[F68 to have regard to a combination of economy, efficiency and effectiveness.]

(7) It shall be the duty both of the Authority and of the Executive for any [F57 integrated transport area] [F69 , combined authority area] [F70 , combined county authority area] or 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 F71 ....

(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 [F57 integrated transport area] [F72 , combined authority area] [F73 , combined county authority area] or 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 inter-connected 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.

[F74 (12) This section applies to [F75 each of the authorities within subsection (13)] as if—

(a) the duty under subsection (3) were a duty for the Authority to secure the provision of such public passenger transport services as it considers appropriate for meeting any public transport requirements within its area which in the view of the Authority would not be met apart from any action taken by it for that purpose;

(b) subsection (3A) were omitted;

(c) in subsection (5)—

(i) the words “for the Executive of that area” were omitted;

(ii) for the words “by the Executive for that area, and the Executive” there were substituted “and”;

(d) in subsections (6) and (7), the references to the Executive were omitted.]

[F76 (13) The authorities referred to in subsection (12) are—

(a) the West Yorkshire Combined Authority;

(b) the West Midlands Combined Authority.]]

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only

Textual Amendments

F53 Ss. 9A, 9B inserted (with savings for s. 9A(8) by Transport Act 1985 (c. 67, SIF 126), s. 57(2)(5)

F54 S. 9A heading substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 3(3); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F55 S. 9A(1)(2) repealed (1.2.2001 (E.) and omitted 1.8.2001 (W.) and repealed 14.8.2002 (W.)) by 2000 c. 38, ss. 161, 274, Sch. 11 para. 3(2), Sch. 31 Pt. II; S.I. 2001/57, art. 3, Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2002/2024, art. 2

F56 S. 9A(3)(3A) substituted (1.2.2001 (E.) and 1.8.2001 (W.)) for s. 9A(3) by 2000 c. 38, ss. 161, 275(1), Sch. 11 para. 3(3); S.I. 2001/57, art. 3, Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II); S.I. 2001/2788, art. 2, Sch. 1 para. 11

F57 Words in s. 9A inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 3(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F58 Words in s. 9A(3) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 3

F59 Words in s. 9A(3) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 9 (with s. 247)

F60 Words in s. 9A(4)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 67(2), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F61 S. 9A(4A) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 67(3), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F62 Words in s. 9A(5) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 3

F63 Words in s. 9A(5) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 9 (with s. 247)

F64 Words in s. 9A(6)(a) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 3

F65 Words in s. 9A(6)(a) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 9 (with s. 247)

F66 Words in s. 9A(6)(b) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 3

F67 Words in s. 9A(6)(b) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 9 (with s. 247)

F68 Words in s. 9A(6) substituted (1.2.2001 for E and 1.8.2001 for W.) by 2000 c. 38, ss. 161, 275(1), Sch. 11 para. 3(4); S.I. 2001/57, art. 3, Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II); S.I. 2001/2788, art. 2, Sch. 1 para. 11

F69 Words in s. 9A(7) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 3

F70 Words in s. 9A(7) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 9 (with s. 247)

F71 Words in s. 9A(7) repealed (E.W.) (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(8), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

F72 Words in s. 9A(8) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 3

F73 Words in s. 9A(8) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 9 (with s. 247)

F74 S. 9A(12) inserted (1.4.2014) by The West Yorkshire Combined Authority Order 2014 (S.I. 2014/864), art. 1(2), Sch. 2 para. 3

F75 Words in s. 9A(12) substituted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 3(2)

F76 S. 9A(13) inserted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 3(3)

Modifications etc. (not altering text)

C6 S. 9A excluded (24.12.1993) by 1993 c. 43, ss. 144(1), 150(1)(j); S.I. 1993/3237, art. 2(1)

C7 S. 9A(8) excluded (18.2.1993) by 1989 c. xix, s. 28(7) (as inserted by 1993 c. ii, s. 14)

[F194 9A General functions of Passenger Transport Authorities and Executives. S+N.I.

(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 [F195 sections 89 to] [F195 section] 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 [F196 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 inter-connected 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.]

Extent Information

E9 This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F194 Ss. 9A, 9B inserted (with savings for s. 9A(8) by Transport Act 1985 (c. 67, SIF 126), s. 57(2)(5)

F195 Word in s. 9A(4)(b) substituted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(2), 62(2); S.S.I. 2003/134, art. 2(1), sch.

F196 Words in s. 9A(9)(b) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 80(3), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C31 S. 9A excluded (24.12.1993) by 1993 c. 43, ss. 144(1), 150(1)(j); S.I. 1993/3237, art. 2(1)

C32 S. 9A(8) excluded (18.2.1993) by 1989 c. xix, s. 28(7) (as inserted by 1993 c. ii, s. 14)

[F77 [F78 9B Consultation and publicity with respect to policies as to services. E+W+N.I.

(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 [F79 the county which is coterminous with or includes] 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.]]

Extent Information

E3 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F77 Ss. 9A, 9B inserted (with savings for s. 9A(8)) by Transport Act 1985 (c. 67, SIF 126), s. 57(2)(5)

F78 S. 9B repealed (1.2.2001 (E.) and omitted 1.8.2001 (W.) and repealed 14.8.2002 (W.) and otherwise prosp.) by 2000 c. 38, ss. 161, 274, 275(1), Sch. 11 para. 4, Sch. 31 Pt. II; S.I. 2001/57, art. 3, Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2002/2024, art. 2

F79 Words inserted by Transport Act 1985 (c. 67, SIF 126), s. 58(3)

[F197 9B Consultation and publicity with respect to policies as to services. S

(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 [F198 council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994)] 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 [F199 the county which is coterminous with or includes] 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.]

Extent Information

E10 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F197 Ss. 9A, 9B inserted (with savings for s. 9A(8)) by Transport Act 1985 (c. 67, SIF 126), s. 57(2)(5)

F198 Words in s. 9B(1)(a) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(4); S.I. 1996/323, art. 4(1)(b)(c)

F199 Words inserted by Transport Act 1985 (c. 67, SIF 126), s. 58(3)

10 General powers of Executive. E+W+N.I.

(1) Subject to the provisions of this Act, the Executive for a [F80 an integrated transport area ] [F81 , a combined authority area] [F82 , a combined county authority area] or[F83 passenger transport] area shall have power—

(i) [F84 to carry passengers by road within, to and from that area;]

[F85 (ia) to carry passengers by railway—

(a) where that area is in England, between places in that area, between such places and any place in Great Britain which is outside that area, or between places in Great Britain which are outside that area, or

(b) where that area is in Wales or Scotland, between places in that area or between such places and any place outside that area but within the permitted distance, that is to say, the distance of twenty-five miles from the nearest point on the boundary of that area;]

(ii) to carry passengers by any [F86 form of land transport other than road or railway] or by any form of water transport (including in either case hovercraft) between places in that area or between such places and any place outside that area but within the permitted distance, that is to say, [F87 the distance of twenty-five miles from the nearest point on the boundary of that area;]

(iii) so far as the Executive consider requisite—

(a) in connection with the exercise of their powers under paragraph[F88 (i) or] [F89 (ia)(b) or] (ii) of this subsection, or

(b) in order to avoid an interruption of existing services which would otherwise result from an exercise by them of any of their functions under this Part of this Act,

to carry passengers as mentioned in the said paragraph [F88 (i) or] [F89 (ia)(b) or] (ii) between places outside that area;

(iv) in any vehicle or vessel used for the carriage of passengers in pursuance of paragraph [F90 (i),] [F91 (ia),] (ii) or (iii) of this subsection, or in a trailer drawn by any vehicle so used, to carry also luggage and other goods;

(v) to store within that area goods which have been or are to be carried by the Executive, and, so far as any premises provided for the purposes of that or any other part of their business are not required for those purposes, to use them to provide facilities for the storage of other goods;

F92 (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92 (viza) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F93 (via) with the approval of the Authority, to enter into and carry out agreements with any person who is the operator of, or who has an estate or interest in, or right over, a network, station or light maintenance depot or some part of a network, station or light maintenance depot, in connection with the building, replacement, redevelopment, refurbishment, repair, maintenance, operation or staffing of the network, station or light maintenance depot or any part thereof;]

(vii) with the approval of the Authority, to make arrangements with any person providing passenger transport services by air for the provision of such services between places in that area or between such places and places outside that area, and to include in such arrangements provision for the making of payments to that person by the Executive;

(viii) [F94 to let passenger vehicles on hire with or without trailers for the carriage of goods;]

[F94 to let passenger vehicles on hire (with or without trailers for the carriage of goods)—

(a) as part of, or in connection with, an agreement providing for service subsidies, to an operator of public passenger transport services within the meaning of section 9A;

(b) to a body holding a permit granted under section 19 of the Transport Act 1985 (permits in relation to the use of vehicles by educational and other bodies);]

[F95 (viiia) to let locomotives and other rolling stock on hire to any person who is (within the meaning of Part I of the Railways Act 1993) the franchisee or the franchise operator under a franchise agreement to which the Executive is a party;

[F96 (viiiaa) where that area is in England, to let locomotives and other rolling stock on hire to a person not falling within paragraph (viiia) for or in connection with the provision of railway passenger services;]

(viiib) [F97 where that area is in Wales or Scotland,] to let locomotives and other rolling stock on hire to a person not falling within paragraph (viiia) above—

(a) for or in connection with the provision of railway passenger services within that area or within the permitted distance; or

(b) with the written consent of the Secretary of State, for or in connection with the provision of railway passenger services outside that area and beyond the permitted distance;

(viiic) with the approval of the Authority, to enter into and carry out agreements with the owner of any locomotive or other rolling stock concerning the persons to whom, or the terms on which, the locomotive or other rolling stock may be let on hire;]

(ix) where an undertaking has been—

(a) transferred to the Executive under subsection (1) of section 17 of this Act; or

(b) wholly or partly resumed by the Executive under subsection (2)(b) of the said section 17; or

(c) acquired by the Executive otherwise than under the said section 17,

to carry on (but, in a case falling within sub-paragraph (c) of this paragraph, only with the approval of the Authority) any activities which the Executive would not otherwise have power to carry on but which were carried on by that undertaking immediately before the date of that transfer, the date of the disposal which gave rise to that resumption, or the date of that acquisition, as the case may be;

(x) in places where persons using the services and facilities provided by the Executive may require them, to provide both for those and other persons facilities for the purchase and consumption of food and drink, places of refreshment and such other amenities or facilities as it may appear to the Executive requisite or expedient to provide;

(xi) at any place where the Executive, in the exercise of their powers under paragraph (x) of this subsection, provide a car park, to repair motor vehicles for any persons, and to sell to any persons petrol, oil and spare parts and accessories for motor vehicles, whether or not those persons are using the car park;

(xii) to provide interchange facilities for the purpose of enabling passengers travelling by one means of transport to continue their journey by another;

(xiii) subject to section 15(2) of this Act [F98 and section 104(1) of the Transport Act 1985 (travel concessions on services provided by Passenger Transport Executives)], to demand, take and recover or waive such charges for the services and facilities provided by them, and to make the use of those services and facilities subject to such terms and conditions, as they think fit, so, however, that, without prejudice to any other limitation on the power conferred by this paragraph subsisting by virtue of subsection (7) of this section, this paragraph shall not be construed as entitling the Executive to carry passengers by any form of land or water transport on terms or conditions which—

(a) purport, whether directly or indirectly, to exclude or limit their liability in respect of the death of, or bodily injury to, any passenger; or

(b) purport, whether directly or indirectly, to prescribe the time within which or the manner in which any such liability may be enforced;

(xiv) to construct, manufacture, produce, purchase, maintain and repair anything required for the purposes of their business;

(xv) to enter into and carry out agreements with any person for the carrying on by that person, whether as agent for the Executive or otherwise, of any activities which the Executive have power to carry on, and in particular for the provision of combined services for the through carriage of passengers or goods, for the quoting of through rates, and for the pooling of receipts or expenses, to include in any such agreement provision for the making of payments to that person by the Executive, and to enter into any such agreement notwithstanding that it involves the delegation of functions of the Executive under any enactment relating to part of their undertaking;

(xvi) with the approval of the Authority F99 . . ., to make with any person with whom they have entered into an agreement under paragraph (xv) of this subsection for the carrying on by that person of any activities arrangements for the transfer from the Executive to that person in such manner and on such terms as may be provided for by the arrangements of any part of the undertaking or property of the Executive relevant to the carrying on of those activities;

(xvii) to acquire by agreement any undertaking or part of an undertaking if the assets comprised in that undertaking or part are wholly or mainly assets which the Executive require for the purposes of their business;

(xviii) for the purposes of the business of the Executive, to lend money to, or give a guarantee for the benefit of, any person for the purposes of an undertaking carried on by that person, or, where that person is a body corporate, by any undertaking carried on by a subsidiary of that body corporate;

(xix) for the purposes of the business of the Executive, to form, promote and assist, or join with any other person in forming, promoting and assisting, a company for carrying on any activities which the Executive have power to carry on, and, where that company is a subsidiary of the Executive, to transfer to that company any part of the undertaking or property of the Executive, and to subscribe for or acquire by agreement any securities of any body corporate;

(xx) to acquire land by agreement—

(a) for the purposes of their business; or

(b) with the approval of the Authority, for the purpose of adding it to and disposing of it with other contiguous land of theirs of which they propose to dispose;

(xxi) to develop their land for the purposes of their business in such manner as they may think fit;

(xxii) with the approval of the Authority—

(a) to develop for use by other persons any part of their land which is not required for the purposes of their business; or

(b) where the use of their land for the purposes of their business can be combined with its use for other purposes, to develop the land by constructing or adapting buildings thereon for use wholly or partly by other persons; and

(c) where they propose to develop any of their land as mentioned in sub-paragraph (a) or (b) of this paragraph, to acquire by agreement adjoining land for the purpose of developing it together with the other land,

with a view to selling or otherwise disposing of any right or interest in the land or, as the case may be, the buildings or any part of the buildings, after the development is carried out;

(xxiii) subject, in the case of a disposal of land, to the approval of the Authority, to dispose (whether absolutely or for a terms of years) of any property which in their opinion is not required to be retained by them for the purposes of [F100 their business;], and, in particular, to dispose of an interest in, or right over, any property which, subject to the interest or right, is retained by them;

(xxiv) to do anything for the purposes of advancing the skill of persons employed by them or the efficiency of their equipment or of the manner in which that equipment is operated, including the provision by the Executive, and the assistance of the provision by others, of facilities for training, education and research;

(xxv) to provide houses, hostels and other like accommodation for persons employed by them;

(xxvi) to make loans to persons employed by them for the purpose of assisting those persons to acquire housing accommodation, and to guarantee loans made by building societies and other bodies to such persons for that purpose;

(xxvii) to invest [F101 any sums which are not immediately required by them for the purposes of their business] [F101 their money];

(xxviii) to turn their resources to account [F102 so far as not required for the purposes of their business];

(xxix) with the approval of the Authority, to promote or oppose any Bill in Parliament;

(xxx) to establish and administer pension schemes and pension funds in the interest of persons who are or have been employed by the Executive and to pay pensions to or in respect of such persons, or to enter into and carry into effect agreements or arrangements with any other person for securing or preserving pension rights for such persons;

(xxxi) to provide for any person technical advice or assistance, including research services, as respects any matter in which the Executive have skill or experience;

(xxxii) to do all other things which in their opinion are necessary to facilitate the proper carrying on of their business.

(2) For the purposes of paragraphs (v), (x), (xiv) and (xxiv) to (xxvi) of subsection (1) of this section, goods carried by, services and facilities provided by, things required for the purposes of the business of, and persons employed by, a subsidiary of the Executive or, for the purposes of the said paragraphs (v), (x) and (xiv), by a person providing bus services in the area under an agreement with the Executive F103 . . . shall be deemed to be goods carried by, services and facilities provided by, things required for the purposes of the business of, or persons employed by, that Executive.

[F104 (2A) The reference in subsection (1)(viii) above to an agreement providing for service subsidies includes—

(a) an agreement for such subsidies under section 9A(4) above;

(b) provision included in a quality contract under section 124 of the Transport Act 2000 for the making of payments by the PTE (see subsection (5)(a) of that section).]

(3) If the Authority for [F105 an integrated transport area ] [F106 , a combined authority area] [F107 , a combined county authority area] or a [F83 passenger transport] area so request in writing, the Minister may authorise the Executive for that area to purchase compulsorily any land which the Executive or any wholly-owned subsidiary of theirs require for the purposes of their business, and the M1 [F108 Acquisition of Land Act 1981] shall [F109 apply to the compulsory purchase].

(4) The power of purchasing land compulsorily in subsection (3) of this section shall include power to acquire an easement or other right in, over or under land by the creation of a new right; but this subsection shall not apply to an easement or other right in, over or under any land which would for the purposes of the [F110 Acquisition of Land Act 1981] form part of a common, open space or fuel or field garden allotment.

(5) The Ferries (Acquisition by Local Authorities) M2 Act 1919 shall apply to the Executive for [F111 an integrated transport area ] [F112 , a combined authority area] [F113 , a combined county authority area] or a [F83 passenger transport] area as if the Executive were within the meaning of that Act a local authority for that area.

(6) Part I of the Harbours, Piers and Ferries (Scotland) M3 Act 1937 shall apply to the Executive for a [F83 passenger transport] area as if that area were a [F114 region] and the Executive were the council of that [F114 region].

(7) Each of the powers conferred by the foregoing provisions of this section shall be deemed to be in addition to, and not in derogation of, any other of them; but it is hereby declared that those provisions relate only to the capacity of the Executive for a [F83 passenger transport] area as a statutory corporation and nothing in those provisions shall be construed as authorising the disregard by the Executive of any enactment or rule of law, or any requirement of this Part of this Act as to the approval of the Authority or the consent of the Minister for a particular exercise of any of those powers.

(8) It shall be the duty of an Executive who have a subsidiary to exercise their control over the subsidiary so as to ensure that the subsidiary does not engage in activities in which the Executive have no power to engage (including activities in which the Executive have no power to engage because any requisite consent or approval has not been obtained).

(9) In the application of subsections (3) and (4) of this section to Scotland there shall be substituted—

(a) for the references to the M4 [F115 Acquisition of Land Act 1981] references to the M5 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947; and

(b) for the references to an easement references to a servitude;

and the reference in the said subsection (4) to a fuel or field garden allotment shall be omitted.

[F116 (10) This section applies to [F117 each of the authorities within subsection (11)] as if—

(a) in subsection (1)—

(i) in paragraph (xxiii), the words “subject, in the case of a disposal of land, to the approval of the Authority” were omitted, and

(ii) any other reference to the approval of the Authority were omitted;

(b) in subsection (7), the words “the approval of the Authority or” were omitted.]

[F118 (11) The authorities referred to in subsection (10) are—

(a) the West Yorkshire Combined Authority;

(b) the West Midlands Combined Authority.]

Extent Information

E4 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only.

Textual Amendments

F80 Words in s. 10(1) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 4; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F81 Words in s. 10(1) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 4

F82 Words in s. 10(1) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 10(2) (with s. 247)

F83 Words “passenger transport" substituted (E.W.S.) for words “designated" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 2(a)

F84 S. 10(1)(i) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 66(6)(a), 134(4), Sch. 7 Pt. 3; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F85 S. 10(1)(ia) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 49(1)(a), 115(7); S.I. 2015/994, art. 11(o)

F86 Words in s. 10(1)(ii) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 49(1)(b), 115(7); S.I. 2015/994, art. 11(o)

F87 Words commencing “the distance of" substituted (E.W.S.) for words commencing “the following distance" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 4(a)(i)

F88 Words in s. 10(1)(iii) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 3; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F89 Words in s. 10(1)(iii) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 2(2)

F90 Word in s. 10(1)(iv) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 3; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F91 Word in s. 10(1)(iv) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 2(3)

F92 S. 10(1)(vi)(viza) repealed (E.W.S.) (24.7.2005 for E.W.) by Railways Act 2005 (c. 14), ss. 14(1)(a), 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F93 S. 10(1)(via) inserted (1.4.1994) by 1993 c. 43, s. 36(1); S.I. 1994/571, art. 5

F94 S. 10(1)(viii) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 66(2), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F95 S. 10 (1)(viiia)-(viiic) inserted (E.W.S.) (1.4.1994) by 1993 c. 43, s. 36(2); S.I. 1994/571, art. 5

F96 S. 10(1)(viiiaa) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 2(4)

F97 Words in s. 10(1)(viiib) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 2(5)

F98 Words inserted (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 7

F99 Words repealed (S.) by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29 and (E.W.) by Local Government Act 1974 (c. 7, SIF 81:2), Sch. 8

F100 Words “their business" substituted (E.W.S.) for words commencing “the discharge" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 4(a)(ii)

F101 Words in s. 10(1)(xxvii) substituted (E.W.) (18.2.2012) by Localism Act 2011 (c. 20), ss. 12(2)(a), 240(2); S.I. 2012/411, art. 2(e)

F102 Words in s. 10(1)(xxviii) repealed (E.W.) (18.2.2012) by Localism Act 2011 (c. 20), ss. 12(2)(b), 240(2), Sch. 25 Pt. 3; S.I. 2012/411, art. 2(e)(g)

F103 Words repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 4(b), Sch. 8

F104 S. 10(2A) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 66(3), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F105 Words in s. 10(3) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 4; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F106 Words in s. 10(3) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 4

F107 Words in s. 10(3) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 10(3) (with s. 247)

F108 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 18(2)(a)

F109 Words “apply to the compulsory purchase" substituted (E.W.) for words from “apply as if" to “that Act" by Aquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 18(2)(b)

F110 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 18(3)(a)

F111 Words in s. 10(5) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 4; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F112 Words in s. 10(5) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 4

F113 Words in s. 10(5) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 10(4) (with s. 247)

F114 Word substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 18 para. 2(b)

F115 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 18(2)(b)

F116 S. 10(10) inserted (E.W.) ( (1.4.2014) by The West Yorkshire Combined Authority Order 2014 (S.I. 2014/864), art. 1(2), Sch. 2 para. 4

F117 Words in s. 10(10) substituted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 4(2)

F118 S. 10(11) inserted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 4(3)

Modifications etc. (not altering text)

C8 S. 10: transfer of functions (S.) (28.11.2005) by The Transfer of Rail Functions To The Scottish Ministers Order 2005 (S.S.I. 2005/598), arts. 1, 3, sch. 1 (with art. 5)

C9 S. 10(1)(vi) modified (temp.) (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 3; S.I. 2015/994, art. 11(o)

C10 S. 10(1)(viza) modified (temp.) (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 3; S.I. 2015/994, art. 11(o)

C11 S. 10(1)(xiii) restricted (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 104(1)

C12 S. 10(1)(xv) restricted (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 82(5)

Marginal Citations

M1 1981 c. 67.(28:1).

M2 1919 c. 75.

M3 1937 c. 28.

M4 1981 c. 67.(28:1)

M5 1947 c. 42(28:2)

10 General powers of Executive. S

(1) Subject to the provisions of this Act, the Executive for a [F200 passenger transport] area shall have power—

(i) to carry passengers by road within, to and from that area;

[F85 (ia) to carry passengers by railway—

(a) where that area is in England, between places in that area, between such places and any place in Great Britain which is outside that area, or between places in Great Britain which are outside that area, or

(b) where that area is in Wales or Scotland, between places in that area or between such places and any place outside that area but within the permitted distance, that is to say, the distance of twenty-five miles from the nearest point on the boundary of that area;]

(ii) to carry passengers by any [F86 form of land transport other than road or railway] or by any form of water transport (including in either case hovercraft) between places in that area or between such places and any place outside that area but within the permitted distance, that is to say, [F201 the distance of twenty-five miles from the nearest point on the boundary of that area;]

(iii) so far as the Executive consider requisite—

(a) in connection with the exercise of their powers under paragraph (i) or [F89 (ia)(b) or] (ii) of this subsection, or

(b) in order to avoid an interruption of existing services which would otherwise result from an exercise by them of any of their functions under this Part of this Act,

to carry passengers as mentioned in the said paragraph (i) or [F89 (ia)(b) or] (ii) between places outside that area;

(iv) in any vehicle or vessel used for the carriage of passengers in pursuance of paragraph (i), [F91 (ia),] (ii) or (iii) of this subsection, or in a trailer drawn by any vehicle so used, to carry also luggage and other goods;

(v) to store within that area goods which have been or are to be carried by the Executive, and, so far as any premises provided for the purposes of that or any other part of their business are not required for those purposes, to use them to provide facilities for the storage of other goods;

(vi) to make payments to [F202 the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority in respect of railway passenger services provided] for meeting the needs of persons travelling within that area or between places in that area and places outside that area but within the permitted distance for the purposes of paragraph (ii) of this subsection;

(viza) to enter into agreements with the Strategic Rail Authority under which the Executive make payments to the Strategic Rail Authority in respect of the cost incurred by it in securing the provision of a bus substitution service (within the meaning of the M7 Railways Act 1993) between places in that area or between such places and places outside that area but within the permitted distance for the purposes of paragraph (ii) of this subsection;

[F203 (via) with the approval of the Authority, to enter into and carry out agreements with any person who is the operator of, or who has an estate or interest in, or right over, a network, station or light maintenance depot or some part of a network, station or light maintenance depot, in connection with the building, replacement, redevelopment, refurbishment, repair, maintenance, operation or staffing of the network, station or light maintenance depot or any part thereof;]

(vii) with the approval of the Authority, to make arrangements with any person providing passenger transport services by air for the provision of such services between places in that area or between such places and places outside that area, and to include in such arrangements provision for the making of payments to that person by the Executive;

(viii) to let passenger vehicles on hire with or without trailers for the carriage of goods;

[F204 (viiia) to let locomotives and other rolling stock on hire to any person who is (within the meaning of Part I of the Railways Act 1993) the franchisee or the franchise operator under a franchise agreement to which the Executive is a party;

[F96 (viiiaa) where that area is in England, to let locomotives and other rolling stock on hire to a person not falling within paragraph (viiia) for or in connection with the provision of railway passenger services;]

(viiib) [F97 where that area is in Wales or Scotland,] to let locomotives and other rolling stock on hire to a person not falling within paragraph (viiia) above—

(a) for or in connection with the provision of railway passenger services within that area or within the permitted distance; or

(b) with the written consent of the Secretary of State, for or in connection with the provision of railway passenger services outside that area and beyond the permitted distance;

(viiic) with the approval of the Authority, to enter into and carry out agreements with the owner of any locomotive or other rolling stock concerning the persons to whom, or the terms on which, the locomotive or other rolling stock may be let on hire;]

(ix) where an undertaking has been—

(a) transferred to the Executive under subsection (1) of section 17 of this Act; or

(b) wholly or partly resumed by the Executive under subsection (2)(b) of the said section 17; or

(c) acquired by the Executive otherwise than under the said section 17,

to carry on (but, in a case falling within sub-paragraph (c) of this paragraph, only with the approval of the Authority) any activities which the Executive would not otherwise have power to carry on but which were carried on by that undertaking immediately before the date of that transfer, the date of the disposal which gave rise to that resumption, or the date of that acquisition, as the case may be;

(x) in places where persons using the services and facilities provided by the Executive may require them, to provide both for those and other persons facilities for the purchase and consumption of food and drink, places of refreshment and such other amenities or facilities as it may appear to the Executive requisite or expedient to provide;

(xi) at any place where the Executive, in the exercise of their powers under paragraph (x) of this subsection, provide a car park, to repair motor vehicles for any persons, and to sell to any persons petrol, oil and spare parts and accessories for motor vehicles, whether or not those persons are using the car park;

(xii) to provide interchange facilities for the purpose of enabling passengers travelling by one means of transport to continue their journey by another;

(xiii) subject to section 15(2) of this Act and [F205 section 104(1) of the Transport Act 1985 (travel concessions on services provided by Passenger Transport Executives)], to demand, take and recover or waive such charges for the services and facilities provided by them, and to make the use of those services and facilities subject to such terms and conditions, as they think fit, so, however, that, without prejudice to any other limitation on the power conferred by this paragraph subsisting by virtue of subsection (7) of this section, this paragraph shall not be construed as entitling the Executive to carry passengers by any form of land or water transport on terms or conditions which—

(a) purport, whether directly or indirectly, to exclude or limit their liability in respect of the death of, or bodily injury to, any passenger; or

(b) purport, whether directly or indirectly, to prescribe the time within which or the manner in which any such liability may be enforced;

(xiv) to construct, manufacture, produce, purchase, maintain and repair anything required for the purposes of their business;

(xv) to enter into and carry out agreements with any person for the carrying on by that person, whether as agent for the Executive or otherwise, of any activities which the Executive have power to carry on, and in particular for the provision of combined services for the through carriage of passengers or goods, for the quoting of through rates, and for the pooling of receipts or expenses, to include in any such agreement provision for the making of payments to that person by the Executive, and to enter into any such agreement notwithstanding that it involves the delegation of functions of the Executive under any enactment relating to part of their undertaking;

(xvi) with the approval of the Authority F206 . . ., to make with any person with whom they have entered into an agreement under paragraph (xv) of this subsection for the carrying on by that person of any activities arrangements for the transfer from the Executive to that person in such manner and on such terms as may be provided for by the arrangements of any part of the undertaking or property of the Executive relevant to the carrying on of those activities;

(xvii) to acquire by agreement any undertaking or part of an undertaking if the assets comprised in that undertaking or part are wholly or mainly assets which the Executive require for the purposes of their business;

(xviii) for the purposes of the business of the Executive, to lend money to, or give a guarantee for the benefit of, any person for the purposes of an undertaking carried on by that person, or, where that person is a body corporate, by any undertaking carried on by a subsidiary of that body corporate;

(xix) for the purposes of the business of the Executive, to form, promote and assist, or join with any other person in forming, promoting and assisting, a company for carrying on any activities which the Executive have power to carry on, and, where that company is a subsidiary of the Executive, to transfer to that company any part of the undertaking or property of the Executive, and to subscribe for or acquire by agreement any securities of any body corporate;

(xx) to acquire land by agreement—

(a) for the purposes of their business; or

(b) with the approval of the Authority, for the purpose of adding it to and disposing of it with other contiguous land of theirs of which they propose to dispose;

(xxi) to develop their land for the purposes of their business in such manner as they may think fit;

(xxii) with the approval of the Authority—

(a) to develop for use by other persons any part of their land which is not required for the purposes of their business; or

(b) where the use of their land for the purposes of their business can be combined with its use for other purposes, to develop the land by constructing or adapting buildings thereon for use wholly or partly by other persons; and

(c) where they propose to develop any of their land as mentioned in sub-paragraph (a) or (b) of this paragraph, to acquire by agreement adjoining land for the purpose of developing it together with the other land,

with a view to selling or otherwise disposing of any right or interest in the land or, as the case may be, the buildings or any part of the buildings, after the development is carried out;

(xxiii) subject, in the case of a disposal of land, to the approval of the Authority, to dispose (whether absolutely or for a terms of years) of any property which in their opinion is not required to be retained by them for the purposes of [F207 their business;], and, in particular, to dispose of an interest in, or right over, any property which, subject to the interest or right, is retained by them;

(xxiv) to do anything for the purposes of advancing the skill of persons employed by them or the efficiency of their equipment or of the manner in which that equipment is operated, including the provision by the Executive, and the assistance of the provision by others, of facilities for training, education and research;

(xxv) to provide houses, hostels and other like accommodation for persons employed by them;

(xxvi) to make loans to persons employed by them for the purpose of assisting those persons to acquire housing accommodation, and to guarantee loans made by building societies and other bodies to such persons for that purpose;

(xxvii) to invest any sums which are not immediately required by them for the purposes of their business;

(xxviii) to turn their resources to account so far as not required for the purposes of their business;

(xxix) with the approval of the Authority, to promote or oppose any Bill in Parliament;

(xxx) to establish and administer pension schemes and pension funds in the interest of persons who are or have been employed by the Executive and to pay pensions to or in respect of such persons, or to enter into and carry into effect agreements or arrangements with any other person for securing or preserving pension rights for such persons;

(xxxi) to provide for any person technical advice or assistance, including research services, as respects any matter in which the Executive have skill or experience;

(xxxii)

to do all other things which in their opinion are necessary to facilitate the proper carrying on of their business.

(2) For the purposes of paragraphs (v), (x), (xiv) and (xxiv) to (xxvi) of subsection (1) of this section, goods carried by, services and facilities provided by, things required for the purposes of the business of, and persons employed by, a subsidiary of the Executive or, for the purposes of the said paragraphs (v), (x) and (xiv), by a person providing bus services in the area under an agreement with the Executive F208 . . . shall be deemed to be goods carried by, services and facilities provided by, things required for the purposes of the business of, or persons employed by, that Executive.

(3) If the Authority for a [F200 passenger transport] area so request in writing, the Minister may authorise the Executive for that area to purchase compulsorily any land which the Executive or any wholly-owned subsidiary of theirs require for the purposes of their business, and the M8 [F209 Acquisition of Land Act 1981] shall apply as if the Executive were a local authority within the meaning of that Act, and as if this Act had been in force immediately before the commencement of that Act.

(4) The power of purchasing land compulsorily in subsection (3) of this section shall include power to acquire an easement or other right in, over or under land by the creation of a new right; but this subsection shall not apply to an easement or other right in, over or under any land which would for the purposes of the [F210 Acquisition of Land Act 1981] form part of a common, open space or fuel or field garden allotment.

(5) The Ferries (Acquisition by Local Authorities) M9 Act 1919 shall apply to the Executive for a [F200 passenger transport] area as if the Executive were within the meaning of that Act a local authority for that area.

(6) Part I of the Harbours, Piers and Ferries (Scotland) M10 Act 1937 shall apply to the Executive for a [F200 passenger transport] area as if [F211 the Executive were within the meaning of that Act a local authority for that area].

(7) Each of the powers conferred by the foregoing provisions of this section shall be deemed to be in addition to, and not in derogation of, any other of them; but it is hereby declared that those provisions relate only to the capacity of the Executive for a [F200 passenger transport] area as a statutory corporation and nothing in those provisions shall be construed as authorising the disregard by the Executive of any enactment or rule of law, or any requirement of this Part of this Act as to the approval of the Authority or the consent of the Minister for a particular exercise of any of those powers.

(8) It shall be the duty of an Executive who have a subsidiary to exercise their control over the subsidiary so as to ensure that the subsidiary does not engage in activities in which the Executive have no power to engage (including activities in which the Executive have no power to engage because any requisite consent or approval has not been obtained).

(9) In the application of subsections (3) and (4) of this section to Scotland there shall be substituted—

(a) for the references to the M11 [F212 Acquisition of Land Act 1981] references to the M12 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947; and

(b) for the references to an easement references to a servitude;

and the reference in the said subsection (4) to a fuel or field garden allotment shall be omitted.

Extent Information

E11 This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and Northern Ireland only.

Textual Amendments

F85 S. 10(1)(ia) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 49(1)(a), 115(7); S.I. 2015/994, art. 11(o)

F86 Words in s. 10(1)(ii) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 49(1)(b), 115(7); S.I. 2015/994, art. 11(o)

F89 Words in s. 10(1)(iii) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 2(2)

F91 Word in s. 10(1)(iv) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 2(3)

F96 S. 10(1)(viiiaa) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 2(4)

F97 Words in s. 10(1)(viiib) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 2(5)

F200 Words “passenger transport" substituted (E.W.S.) for words “designated" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 2(a)

F201 Words commencing “the distance of" substituted (E.W.S.) for words commencing “the following distance" by Transport Act 1985 (c. 67, SIF 126) s. 57(6), Sch. 3 para. 4(a)(i)

F202 Words in s. 10(1)(vi) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 3(2); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F203 S. 10(1)(via) inserted (1.4.1994) by 1993 c. 43, s. 36(1); S.I. 1994/571, art. 5

F204 S. 10(1)(viiia)-(viiic) inserted (1.4.1994) by 1993 c. 43, s. 36(2); S.I. 1994/571, art. 5

F205 Words inserted (E.W.S) by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 7

F206 Words repealed (S.) by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29 and (E.W.) by Local Government Act 1974 (c. 7, SIF 81:2), Sch. 8

F207 Words “their business" substituted (E.W.S.) for words commencing “the discharge" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 4(a)(ii)

F208 Words repealed (E.W.S) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 4(b), Sch. 8

F209 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 18(2)(a)

F210 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 18(3)(a)

F211 Words in s. 10(6) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(5); S.I. 1996/323, art. 4(1)(b)(c)

F212 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 18(2)(b)

Modifications etc. (not altering text)

C8 S. 10: transfer of functions (S.) (28.11.2005) by The Transfer of Rail Functions To The Scottish Ministers Order 2005 (S.S.I. 2005/598), arts. 1, 3, sch. 1 (with art. 5)

C9 S. 10(1)(vi) modified (temp.) (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 3; S.I. 2015/994, art. 11(o)

C10 S. 10(1)(viza) modified (temp.) (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 3; S.I. 2015/994, art. 11(o)

C33 S. 10 modified (28.11.2005) by The Transfer of Rail Functions To The Scottish Ministers Order 2005 (S.I. 2005/598), art. 4, Sch. 2 para. 1

C34 Power to exclude s. 10(1)(i) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(5)

C35 Power to repeal s. 10(1)(i) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(7)(8)

C36 Power to exclude s. 10(1)(viii) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(5)

C37 Power to repeal s. 10(1)(viii) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(7)(8)

C38 S. 10(1)(xiii) restricted (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 104(1)

C39 S. 10(1)(xv) restricted (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 82(5)

Marginal Citations

M7 1993 c. 43.

M8 1981 c. 67.(28:1).

M9 1919 c. 75.

M10 1937 c. 28.

M11 1981 c. 67.(28:1)

M12 1947 c. 42(28:2)

[F119 10A Further powers of Executives E+W

(1) The Executive of an integrated transport area [F120 , combined authority area or combined county authority area] in England may do—

(a) anything the Executive considers appropriate for the purposes of the carrying-out of any of the Executive's functions (the Executive's “functional purposes”),

(b) anything the Executive considers appropriate for purposes incidental to the Executive's functional purposes,

(c) anything the Executive considers appropriate for purposes indirectly incidental to the Executive's functional purposes through any number of removes,

(d) anything the Executive considers to be connected with—

(i) any of the Executive's functions, or

(ii) anything the Executive may do under paragraph (a), (b) or (c), and

(e) for a commercial purpose anything which the Executive may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

(2) Where subsection (1) confers power on the Executive to do something, it confers power (subject to section 10B) to do it anywhere in the United Kingdom or elsewhere.

(3) The Executive's power under subsection (1) is in addition to, and is not limited by, the other powers of the Executive.

Textual Amendments

F119 Ss. 10A-10C inserted (E.W.) (18.2.2012) by Localism Act 2011 (c. 20), ss. 12(1), 240(2); S.I. 2012/411, art. 2(e)

F120 Words in s. 10A(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 11 (with s. 247)

10B Boundaries of power under section 10A E+W

(1) Section 10A(1) does not enable the Executive to do—

(a) anything which the Executive is unable to do by virtue of a pre-commencement limitation, or

(b) anything which the Executive is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(i) to the Executive's power under section 10A(1),

(ii) to all of the Executive's powers, or

(iii) to all of the Executive's powers but with exceptions that do not include the Executive's power under section 10A(1).

(2) If exercise of a pre-commencement power of the Executive is subject to restrictions, those restrictions apply also to exercise of the power conferred on the Executive by section 10A(1) so far as it is overlapped by the pre-commencement power.

(3) Section 10A(1) does not authorise the Executive to borrow money.

(4) Section 10A(1)(a) to (d) do not authorise the Executive to charge a person for anything done by the Executive otherwise than for a commercial purpose, but this does not limit any power to charge that the Executive has otherwise than under section 10A(1)(a) to (d).

(5) Section 10A(1)(e) does not authorise the Executive to do things for a commercial purpose in relation to a person if a statutory provision requires the Executive to do those things in relation to the person.

(6) Where under section 10A(1)(e) the Executive does things for a commercial purpose, it must do them through—

(a) a company within the meaning given by section 1(1) of the Companies Act 2006, or

(b) [F121 a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under] the Industrial and Provident Societies Act (Northern Ireland) 1969.

(7) In this section—

• “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

  (a)

  is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force on or after the commencement of section 12(1) of that Act;

• “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

  (a)

  is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force before the commencement of section 12(1) of that Act;

• “pre-commencement power” means power conferred by a statutory provision that—

  (a)

  is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force before the commencement of section 12(1) of that Act;

• “statutory provision” means a provision of an Act or of an instrument made under an Act.

Textual Amendments

F119 Ss. 10A-10C inserted (E.W.) (18.2.2012) by Localism Act 2011 (c. 20), ss. 12(1), 240(2); S.I. 2012/411, art. 2(e)

F121 Words in s. 10B(6)(b) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 22 (with Sch. 5)

10C Power to make provision supplemental to section 10A E+W

(1) The Secretary of State may by order make provision preventing the Executive from doing under section 10A(1) anything which is specified, or is of a description specified, in the order.

(2) The Secretary of State may by order provide for the exercise by the Executive of power conferred by section 10A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

(3) The power under subsection (1) or (2) may be exercised in relation to—

(a) all Executives,

(b) particular Executives, or

(c) particular descriptions of Executives.

(4) Before making an order under subsection (1) or (2) the Secretary of State must consult—

(a) such representatives of Executives,

(b) such representatives of local government, and

(c) such other persons (if any),

as the Secretary of State considers appropriate.

(5) Subsection (4) does not apply to an order under subsection (1) or (2) which is made only for the purpose of amending an earlier such order—

(a) so as to extend the earlier order, or any provision of the earlier order, to a particular Executive or to Executives of a particular description, or

(b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular Executive or to Executives of a particular description.

(6) Power to make an order under this section includes—

(a) power to make different provision for different cases, circumstances or areas, and

(b) power to make incidental, supplementary, consequential, transitional or transitory provision or savings.

(7) A statutory instrument containing an order to which subsection (8) applies (whether alone or with other provisions) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(8) This subsection applies to—

(a) an order under subsection (1), other than one that is made only for the purpose mentioned in subsection (5)(b);

(b) an order under subsection (2), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose.

(9) A statutory instrument that—

(a) contains an order made under this section, and

(b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F119 Ss. 10A-10C inserted (E.W.) (18.2.2012) by Localism Act 2011 (c. 20), ss. 12(1), 240(2); S.I. 2012/411, art. 2(e)

11 Financial duty of Executive. E+W

[F122 (1) The Executive for a designated area shall so perform their functions under this Act as to ensure so far as practicable that the cumulative net balance of the consolidated revenue account of the Executive and any subsidiaries of theirs does not show a deficit at the end of any accounting period of the Executive after taking into account any amount which, at the date when that period ends, has been specified in a notice under [F123 section 13(2)] of this Act in respect of expenditure incurred before that date but has not yet been received by the Executive.]

(2) In respect of each accounting period of the Executive, the Executive shall charge to revenue account, and secure that any subsidiary of theirs so charges, all charges which are proper to be made to revenue account, including, in particular, proper provision for the depreciation or renewal of assets.

(3) The Executive may make charges to capital account representing interest on expenditure of a capital nature for any period which ends with or before the end of the accounting period in which the project or scheme to which the expenditure relates is completed.

[F124 (3A) Without prejudice to any power of the Executive to establish specific reserves, the Executive may establish and maintain a general reserve, and the Authority may give to the Executive directions as to any matter relating to the establishment or management of any such general reserve and the carrying of sums to the credit thereof, or the application thereof; but no part of the moneys comprised in such a general reserve shall be applied otherwise than for purposes of the Executive or a subsidiary of theirs.]

[F125 (3B) Subsection (3A) applies to [F126 each of the authorities within subsection (3C)] as if the words from “and the Authority” to “the application thereof” were omitted.]

[F127 (3C) The authorities referred to in subsection (3B) are—

(a) the West Yorkshire Combined Authority;

(b) the West Midlands Combined Authority.]

[F128 (4) The Executive shall from time to time, at such times, in such form and manner, and as respects such periods, as the Minister may after consultation with the Authority require, submit to the Minister a statement approved by the Authority of the Executive’s proposals for expenditure on capital account by the Executive and any subsidiaries of theirs; and—

(a) the Minister may from time to time by notice in writing to the Executive impose a limit on such expenditure by the Executive and their subsidiaries; and

(b) the Executive shall secure that any such expenditure is restricted within that limit.]

(5) If any of the councils of constituent areas so request the Executive in writing, the Executive shall send to that council a copy of any statement submitted by the Executive to the Minister under subsection (4) of this section.]

Textual Amendments

F122 S. 11(1) repealed (E.W.) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 5, Sch. 8

F123 Words substituted (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 18 para. 3

F124 S. 11(3A) inserted (E.W.) by Local Government Act 1972 (c. 70, SIF 81:1), s. 202(2), Sch. 24 para. 2 and (S.) by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 18 para. 3

F125 S. 11(3B) inserted (1.4.2014) by The West Yorkshire Combined Authority Order 2014 (S.I. 2014/864), art. 1(2), Sch. 2 para. 5

F126 Words in s. 11(3B) substituted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 5(2)

F127 S. 11(3C) inserted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 5(3)

F128 S. 11(4)(5) repealed (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 29 and (E.W.) by Local Government Act 1974 (c. 7), Sch. 8

12 Borrowing powers of Executive. U.K.

(1) The provisions of this section shall have effect with respect to borrowing by the Executive for [F129 an integrated transport area [F130 , a combined authority area] [F131 , a combined county authority area] or] a [F132 designated] [F132 passenger transport] area.

(2) The Executive may borrow temporarily, by way of overdraft or otherwise, from any person such sums as they may require for meeting their obligations and discharging their functions under this Part of this Act; but the Executive shall ensure that the aggregate of the amounts outstanding in respect of any temporary loans raised by thg Executive under this subsection or raised by any subsidiary of the Executive does not at any time exceed such amount as the Authority for the area may for the time being have approved.

(3) The Executive may, with the approval of the Authority for the area, borrow otherwise than by way of temporary loan from any person and in any manner such sums as the Executive may require for all or any of the following purposes, namely—

(a) for meeting any expenses properly chargeable to capital, being expenses incurred in connection with the provision or improvement of assets in connection with their business;

(b) for the provision of working capital;

(c) for acquiring an undertaking or part of an undertaking;

(d) for the making of any payment which they are required by or under this Part of this Act to make by way of compensation. . . F133

(e) for subscribing for or acquiring securities of a body corporate otherwise than by way of investment;

(f) for the payment of interest charged to capital account under section 11(3) of this Act;

(g) to pay off any debt incurred by the Executive or any liability assumed by or transferred to the Executive in pursuance of this Part of this Act;

(h) for making any loan, or fulfilling any guarantee given, in pursuance of the powers conferred by section 10(1)(xviii) of this Act;

(j) for any purpose for which capital moneys are properly applicable, whether or not specified in the foregoing paragraphs of this subsection;

and the Executive shall exercise their control over any subsidiary of theirs so as to ensure that the subsidiary does not borrow otherwise than by way of temporary loan from any person without the approval of the Authority or for any purpose other than purposes of the subsidiary such as are specified in paragraphs (a) to (e) and (j) of this subsection or for paying off any debt incurred by the subsidiary.

(4) [F134 Each of the councils of constituent areas] [F134 The Authority for the Executive’s area] shall have power to lend money to the Executive [F135 but only if the rate of interest payable by the Executive to the Authority in respect of the loan is not less than that which would be payable by the Authority if they were to borrow the same sum on equivalent terms (disregarding any terms as to interest) from another person]

(5) All moneys borrowed by the Executive shall be charged indifferently on all their revenues, and all securities created by the Executive shall rank equally without any priority; but nothing in this subsection shall—

(a) apply to any money borrowed by way of temporary loan without security; or

(b) affect any right to priority conferred by a security for any liability assumed by or transferred to the Executive in pursuance of this Act.

F136 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The Executive shall be deemed to be a local authority for the purposes of—

(a) the enactments relating to loans by or borrowing from the Public Works Loan Commissioners;

M6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F137 (8) This section does not apply to—

(a) the West Yorkshire Combined Authority, or

(b) the West Midlands Combined Authority.]

Textual Amendments

F129 Words in s. 12(1) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F130 Words in s. 12(1) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 6

F131 Words in s. 12(1) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 12 (with s. 247)

F132 Words substituted (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), S. 57(6), Sch. 3 para 2(a)

F133 Words repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 6(a), Sch. 8

F134 Words substituted (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 6(b)(i)

F135 Words substituted (E.W.S.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(1), Sch. 11 para. 16

F136 S. 12(6) repealed (E.W.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(2), Sch. 12 Part I, and (E.W.S.) (11.2.1991) by Government Trading Act 1990 (c. 30, SIF 99:1), s. 4(2), Sch. 2 Pt. I; S.I. 1991/132, art. 2; and repealed (N.I.) (1.4.1991) by S.I. 1991/761, art. 9(2), Sch. 2; S.R. 1991/116, art.2

F137 S. 12(8) substituted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 6

Modifications etc. (not altering text)

C13 S. 12(2) amended (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 133(2)

C14 S. 12(3)(d) amended (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 133(2)

C15 S. 12(3)(g) amended (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 133(2)

C16 S. 12(5)(b) amended (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 133(2)(b)

Marginal Citations

M6 1975 c. 30

[F138 13 Power to make grants. E+W

[F139 (1)] The Authority shall have power to make grants to the Executive for any purpose.

[F140 (2) This section does not apply to—

(a) the West Yorkshire Combined Authority, or

(b) the West Midlands Combined Authority.]]

Extent Information

E5 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F138 S. 13 substituted (E.W.) by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 7

F139 S. 13 renumbered as s. 13(1) (E.W.) (1.4.2014) by The West Yorkshire Combined Authority Order 2014 (S.I. 2014/864), art. 1(2), Sch. 2 para. 7(a)

F140 S. 13(2) substituted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 7

[F213 13 Grants and payments. S

(1) Any expenditure of the Strathclyde Passenger Transport Authority shall, in so far as not otherwise met, be met by the local authorities whose areas lie wholly or partly within the area of the Authority in such proportions as the M13 authorities may agree.

(2) Where—

(a) the authorities mentioned in subsection (1) above cannot reach agreement as to the proportions in which the expenditure of the Authority shall be met by them and the Authority make an application to the Secretary of State for resolution of the matter; or

(b) it appears to the Secretary of State that those authorities are unable to reach such agreement,

the Secretary of State shall determine the proportions in which such expenditure shall be met by those authorities.

(3) The Authority shall have power to make grants to the Executive for any purpose.]

Extent Information

E12 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F213 S. 13 substituted (S.) (1.4.1996) by 1994 c. 39, s. 41 (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1

Marginal Citations

M13 1968 c. 73.

[F141 13A Guarantees by Authority. S

The Authority may guarantee any obligation entered into by the Executive with the approval of the Authority.]

Textual Amendments

F141 S. 13A inserted (S.) (3.11.1994) by 1994 c. 39, ss. 163, 184(2)

14 Accounts of Executive. E+W

(1) The Executive for [F142 an integrated transport area ] [F143 , a combined authority area] [F144 , a combined county authority area] or a [F145 passenger transport] area shall—

(a) cause proper accounts and other records in relation to their business to be kept; F146 . . .

F146 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F147 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F148 (3) As soon as the accounts of the Executive for any accounting period have been audited in accordance with the Local Audit and Accountability Act 2014, they must send a copy of the statement of accounts prepared by them for that period under section 3 of that Act, together with a copy of the auditor's opinion on that statement—

(a) to the Secretary of State,

(b) to the Authority, and

(c) to each of the councils of the districts comprised in the county which is coterminous with or includes the Executive's area.]

[F149 (4) This section does not apply to—

(a) the West Yorkshire Combined Authority, or

(b) the West Midlands Combined Authority.]

Extent Information

E6 This version of this provision extends to England and Wales only; separate versions have been created for Scotland only and for Northern Ireland only

Textual Amendments

F142 Words in s. 14(1) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 6; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F143 Words in s. 14(1) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 7

F144 Words in s. 14(1) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 13 (with s. 247)

F145 Words in s. 14(1) substituted (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 2(a)

F146 Word in s. 14(1) and s. 14(1)(b) repealed (E.W.) with saving by Local Government Finance Act 1982 (c. 32, SIF 81:1), S. 38(5), Sch. 6 Pt. IV

F147 S. 14(2) repealed (E.W.) with saving by Local Government Finance Act 1982 (c. 32, SIF 81:1), s. 38(5), Sch. 6 Pt. IV

F148 S. 14(3) substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 3; S.I. 2015/841, art. 3(x) (with Sch. paras. 1, 7) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F149 S. 14(4) substituted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 8

Modifications etc. (not altering text)

C17 S. 14(1)(a) excluded (E.W.) by Local Government Finance Act 1982 (c. 32, SIF 81:1), s. 31(3)

S. 14(1)(a) restricted (E.W.) (11.9.1998) by 1998 c. 18, ss. 30(2), 55(2)

C18 S. 14(3) applied (with modifications) (10.2.2015) by The Local Audit (Smaller Authorities) Regulations 2015 (S.I. 2015/184), reg. 1, Sch. para. 33

14 Accounts of Executive. S

(1) The Executive for a [F214 passenger transport] area shall—

(a) cause proper accounts and other records in relation to their business to be kept;and

(b) prepare an annual statement of accounts in respect of such accounting period, in such form, and containing such particulars, compiled in such manner, as the [F215 Authority] may from time to time direct.

(2) The accounts of the Executive shall be audited by an auditor or auditors to be appointed annually by the Authority for the area, and any person so appointed as auditor shall be either the district auditor or some other person [F216 who is eligible for appointment as a [F217 statutory auditor under Part 42 of the Companies Act 2006] or who is a member of the Chartered Institute of Public Finance and Accountancy;] and any auditor so appointed shall be entitled to require from any officer of the Executive or of any subsidiary of theirs such books, deeds, contracts, accounts, vouchers, receipts, and other documents, and such information and explanations, as may be necessary for the performance of his duties.

(3) So soon as the accounts of the Executive have been audited as aforesaid, they shall send a copy of the statement of accounts referred to in subsection (1)(b) of this section to the Minister, [F218 and] to the Authority F219 . . . F220 . . . together with a copy of the report made by the auditor or auditors on that statement.

Extent Information

E13 This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and for Northern Ireland only.

Textual Amendments

F214 Words in s. 14(1) substituted (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 2(a)

F215 Word in s. 14(1)(b) substituted (S.) by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 18 para. 6(a)

F216 Words in s. 14(2) substituted (1.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch. para. 21(2).

F217 Words in s. 14(2) substituted (N.I. and S.) (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 1(k) (with arts. 6, 11, 12)

F218 Word in s. 14(3) inserted (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 18 para. 6(b)

F219 Words s. 14(3) repealed (S.) by Transport Act 1985 (c.67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 9, Sch. 8

F220 Words in s. 14(3) repealed (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 29 and repealed (S.) by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 21(3)(b)

14 Accounts of Executive. N.I.

(1) The Executive for a designated area shall—

(a) cause proper accounts and other records in relation to their business to be kept; and

(b) prepare an annual statement of accounts in respect of such accounting period, in such form, and containing such particulars, compiled in such manner, as the Minister may from time to time direct.

(2) The accounts of the Executive shall be audited by an auditor or auditors to be appointed annually by the Authority for the area, and any person so appointed as auditor shall be either the district auditor or some other person [F221 who is eligible for appointment as a [F217 statutory auditor under Part 42 of the Companies Act 2006] or who is a member of the Chartered Institute of Public Finance and Accountancy;] and any auditor so appointed shall be entitled to require from any officer of the Executive or of any subsidiary of theirs such books, deeds, contracts, accounts, vouchers, receipts, and other documents, and such information and explanations, as may be necessary for the performance of his duties.

(3) So soon as the accounts of the Executive have been audited as aforesaid, they shall send a copy of the statement of accounts referred to in subsection (1)(b) of this section to the Minister, to the Authority for the designated area and to each of the councils of constituent areas, together with a copy of the report made by the auditor or auditors on that statement.

Extent Information

E14 This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales only and for Scotland only

Textual Amendments

F217 Words in s. 14(2) substituted (N.I. and S.) (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 1(k) (with arts. 6, 11, 12)

F221 Words in s. 14(2) substituted (1.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch. para. 21(2).

15 Further functions of Authority. E+W

(1) The Executive for [F150 an integrated transport area ] [F151 , a combined authority area] [F152 , a combined county authority area] or a [F153 passenger transport] area shall submit to the Authority and obtain the Authority’s approval of—

F154 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F155 (b) such annual or other estimates of income or expenditure of the Executive and any subsidiaries of theirs as the Authority may require to be submitted to the Authority, and any major change proposed to be made in any of those estimates after their approval by the Authority;

(c) any proposal for expenditure by the Executive or any subsidiary of theirs, or by any other person in pursuance of arrangements with the Executive, which involves a substantial outlay on capital account].

(d) any agreement proposed to be entered into by the Executive F156 ...;

(2) The Executive shall obtain the approval of the Authority—

(a) before making, or authorising or consenting to the making of, any alteration in the general level of charges for the transport services or facilities provided by the Executive or any subsidiary of theirs F157 . . .; and

(b) subject to section [F158 104(2) of the Transport Act 1985 (travel concessions on services provided by Passenger Transport Executives)], for any proposal of the Executive for reducing or waiving those charges in a particular case or cases of a particular class;

F159 . . .

F160 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F161 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any expenditure incurred by the Authority in performing their functions under this Part of this Act shall be defrayed by the Executive.

(6) Notwithstanding anything in this Part of this Act, nothing done by the Executive for [F162 an integrated transport area ] [F163 , a combined authority area] [F164 , a combined county authority area] or a [F153 passenger transport] area shall be held to be unlawful on the ground that the approval of the Authority for that area to the doing of that thing was required by or under this Part of this Act and that it was done without obtaining that approval; but if it appears to the Authority that the Executive propose to do anything, or have done anything, without the approval of the Authority which in the opinion of the Authority requires that approval, the Authority may, after consultation with the Executive, give to the Executive such directions as appear to the Authority to be appropriate to secure so far as practicable the observance of the rights of the Authority in relation to the doing of that thing, and those directions may include directions to discontinue any specified activity or dispose of any specified assets; and the Executive shall comply with any such directions notwithstanding that they may result in the Executive having to dispose of any assets at a loss or incurring liability to other persons.

(7) Any approval or direction given by the Authority in pursuance of this Part of this Act shall be given in writing.

[F165 (8) This section does not apply to—

(a) the West Yorkshire Combined Authority, or

(b) the West Midlands Combined Authority.]

Extent Information

E7 This version of this provision extends to England and Wales only; separate versions have been made for Scotland only and Northern Ireland only

Textual Amendments

F150 Words in s. 15(1) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 7; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F151 Words in s. 15(1) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 8

F152 Words in s. 15(1) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 14(2) (with s. 247)

F153 Words “passenger transport" substituted (E.W.S.) for word “designated" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 2(a)

F154 S. 15(1)(a) repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 10(1)(a), Sch. 8

F155 S. 15(1)(b)(c) beginning “such annual" substituted (E.W.S.) for s. 15(b)(c) beginning “all annual" by Local Government Act 1972 (c. 70, SIF 81:1), s. 202(2), Sch. 24 para. 5 and Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 18 para. 7(a)

F156 Words in s. 15(1)(d) repealed (E.W.S.) (24.7.2005 for E.W.) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F157 Words repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 10(1)(b), Sch. 8

F158 Words commencing “104(2)" substituted (E.W.S.) for words commencing “138(1)" by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 8

F159 Words repealed (E.W.) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 10(2)(a), Sch. 8

F160 S. 15(3) repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 10(1)(c), Sch. 8

F161 S. 15(4) repealed (E.W.) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 10(2)(b), Sch. 8

F162 Words in s. 15(6) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 7; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F163 Words in s. 15(6) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 8

F164 Words in s. 15(6) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 14(3) (with s. 247)

F165 S. 15(8) substituted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 9

Modifications etc. (not altering text)

C19 S. 15(2) modified (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 104(2)

C20 S. 15(2) excluded (27.7.1993) by 1993 c. xv, s. 66(5)

S. 15(2) restricted (11.11.1996) by S.I. 1996/2714, art. 44(5)

S. 15(2) explained (14.3.2002) by S.I. 2002/412, art. 32(5) (with s. 38)

C21 S. 15(2) restricted (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), arts. 1, 45(5)

C22 S. 15(2) excluded (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 47(5) (with art. 52)

C23 S. 15(2) excluded (E.W.S.) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 42(12)

C24 S. 15(2)(a) modified (E.W.) by Transport Act 1983 (c. 10, SIF 126), s. 6(6)(a)

C25 S. 15(2)(a) amended (E.W.) by Transport Act 1983 (c. 10, SIF 126), s. 6(7)

C26 S. 15(2)(b) modified (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(1), Sch. 6 para. 24

C27 S. 15(5) extended (E.W.) by Transport Act 1983 (c. 10, SIF 126), ss. 9(3), 10(1)(a)

C28 S. 15(5) amended (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 133(2)

15 Further functions of Authority. S

(1) The Executive for a [F222 passenger transport] area shall submit to the Authority and obtain the Authority’s approval of— F223

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F224 (b) such annual or other estimates of income or expenditure of the Executive and any subsidiaries of theirs as the Authority may require to be submitted to the Authority, and any major change proposed to be made in any of those estimates after their approval by the Authority;

(c) any proposal for expenditure by the Executive or any subsidiary of theirs, or by any other person in pursuance of arrangements with the Executive, which involves a substantial outlay on capital account].

(d) any agreement proposed to be entered into by the Executive otherwise than under section 20(2)(b) of this Act with [F225 the Strategic Rail Authority or a wholly-owned subsidiary of the Strategic Rail Authority for the provision] of that Board for the provision by the Board or the wholly-owned subsidiary of any railway passenger services within, or to and from, that area;;

(2) The Executive shall obtain the approval of the Authority—

(a) before making, or authorising or consenting to the making of, any alteration in the general level of charges for the transport services or facilities provided by the Executive or any subsidiary of theirs F226 . . .; and

(b) subject to section [F227 104(2) of the Transport Act 1985 (travel concessions on services provided by Passenger Transport Executives)], for any proposal of the Executive for reducing or waiving those charges in a particular case or cases of a particular class;

and, without prejudice to subsection (4) of this section, the Authority shall before giving or withholding any approval required by virtue of paragraph (a) of this subsection have regard in particular to the extent to which their decision will affect the amount [F228 of the grants which will be needed to enable the Executive to comply with their obligation under section 11(1) of this Act]. . .

F229 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[(4) The Authority, in exercising or performing any of their functions under this Part of this Act, shall have regard to the duty imposed on the Executive by subsection (1) of section 11 of this Act, F230 . . .]

(5) Any expenditure incurred by the Authority in performing their functions under this Part of this Act shall be defrayed by the Executive.

(6) Notwithstanding anything in this Part of this Act, nothing done by the Executive for a [F222 passenger transport] area shall be held to be unlawful on the ground that the approval of the Authority for that area to the doing of that thing was required by or under this Part of this Act and that it was done without obtaining that approval; but if it appears to the Authority that the Executive propose to do anything, or have done anything, without the approval of the Authority which in the opinion of the Authority requires that approval, the Authority may, after consultation with the Executive, give to the Executive such directions as appear to the Authority to be appropriate to secure so far as practicable the observance of the rights of the Authority in relation to the doing of that thing, and those directions may include directions to discontinue any specified activity or dispose of any specified assets; and the Executive shall comply with any such directions notwithstanding that they may result in the Executive having to dispose of any assets at a loss or incurring liability to other persons.

(7) Any approval or direction given by the Authority in pursuance of this Part of this Act shall be given in writing.

Extent Information

E15 This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and Northern Ireland only

Textual Amendments

F222 Words “passenger transport" substituted (E.W.S.) for word “designated" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 2(a)

F223 S. 15(1)(a) repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 10(1)(a), Sch. 8

F224 S. 15(1)(b)(c) beginning “such annual" substituted (E.W.S.) for s. 15(b)(c) beginning “all annual" by Local Government Act 1972 (c. 70, SIF 81:1), s. 202(2), Sch. 24 para. 5 and Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 18 para. 7(a)

F225 S. 15(1)(d) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 4; S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F226 Words repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 10(1)(b), Sch. 8

F227 Words commencing “104(2)" substituted (E.W.S.) for words commencing “138(1)" by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 8

F228 Words “of the grants" to “Act" substituted (S.) for words “to be raised" to “Act" by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 18 para. 7(b)

F229 S. 15(3) repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 10(1)(c), Sch. 8

F230 Words repealed (E.W.) by Local Government Act 1974 (c. 7, SIF 81:2), Sch. 8 and (S.) by Local Government (Scotland) Act 1975 (c. 30, SIF 81:2), Sch. 7

Modifications etc. (not altering text)

C23 S. 15(2) excluded (E.W.S.) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 42(12)

C40 S. 15(2) modified (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 104(2)

C41 S. 15(2) excluded (27.7.1993) by 1993 c. xv, s. 66(5)

S. 15(2) restricted (11.11.1996) by S.I. 1996/2714, art. 44(5)

S. 15(2) explained (14.3.2002) by S.I. 2002/412, art. 32(5) (with s. 38)

C42 S. 15(2)(b) modified (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(1), Sch. 6 para. 24

C43 S. 15(5) amended (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 133(2)

15 Further functions of Authority. N.I.

(1) The Executive for a designated area shall submit to the Authority and obtain the Authority’s approval of—

(a) any proposal for a major reorganisation of any transport services provided within or to and from that area;

(b) all annual or other estimates of income and expenditure prepared by the Executive or any subsidiary of theirs;

(c) any proposal for the development or extension of any services or facilities provided by the Executive or any subsidiary of theirs or provided in pursuance of arrangements with the Executive which involves a substantial outlay on capital account;

(d) any agreement proposed to be entered into by the Executive otherwise than under section 20(2)(b) of this Act with [F231 the Strategic Rail Authority or a wholly-owned subsidiary of the Strategic Rail Authority for the provision] of that Board for the provision by the Board or the wholly-owned subsidiary of any railway passenger services within, or to and from, that area;

(2) The Executive shall obtain the approval of the Authority—

(a) before making, or authorising or consenting to the making of, any alteration in the general level of charges for the transport services or facilities provided by the Executive or any subsidiary of theirs or provided by any person in pursuance of an agreement with the Executive under section 19(2) of this Act; and

(b) subject to section138(1) of this Act, for any proposal of the Executive for reducing or waiving those charges in a particular case or cases of a particular class;

and, without prejudice to subsection (4) of this section, the Authority shall before giving or withholding any approval required by virtue of paragraph (a) of this subsection have regard in particular to the extent to which their decision will affect the amountto be raised by precepts or, in Scotland, requisitions under section 13 of this Act, and, in the case of services or facilities provided in pursuance of such an agreement as is mentioned in the said paragraph (a), to the terms of the agreement.

(3) If the Authority are satisfied that a particular passenger transport service which the Executive have power to provide is required to meet the needs of their designated area, but the Executive are not willing to provide it or to arrange for its provision because they consider that the cost of providing it would be too high in relation to the contribution which it would make to the needs of the area, the Authority may give the Executive a direction requiring the Executive to provide or secure the provision of that service, and the Executive shall comply with that direction; but on giving any such direction the Authority shall, unless the Executive agree to the contrary in writing, give the Executive a written undertaking to issue a precept under section 13 of this Act to meet any cost incurred by the Executive in consequence of the direction.

(4) The Authority, in exercising or performing any of their functions under this Part of this Act, shall have regard to the duty imposed on the Executive by subsection (1) of section 11 of this Act, to the provisions of subsection (4) of that section, and to any limit on capital expenditure by the Executive and their subsidiaries imposed by the Minister under the said subsection (4).

(5) Any expenditure incurred by the Authority in performing their functions under this Part of this Act shall be defrayed by the Executive.

(6) Notwithstanding anything in this Part of this Act, nothing done by the Executive for a designated area shall be held to be unlawful on the ground that the approval of the Authority for that area to the doing of that thing was required by or under this Part of this Act and that it was done without obtaining that approval; but if it appears to the Authority that the Executive propose to do anything, or have done anything, without the approval of the Authority which in the opinion of the Authority requires that approval, the Authority may, after consultation with the Executive, give to the Executive such directions as appear to the Authority to be appropriate to secure so far as practicable the observance of the rights of the Authority in relation to the doing of that thing, and those directions may include directions to discontinue any specified activity or dispose of any specified assets; and the Executive shall comply with any such directions notwithstanding that they may result in the Executive having to dispose of any assets at a loss or incurring liability to other persons.

(7) Any approval or direction given by the Authority in pursuance of this Part of this Act shall be given in writing.

Extent Information

E16 This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales and Scotland only

Textual Amendments

F231 Words in s. 15(1)(d) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 4; S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

Modifications etc. (not altering text)

C44 S. 15(2) excluded (27.7.1993) by 1993 c. xv, s. 66(5)

S. 15(2) restricted (11.11.1996) by S.I. 1996/2714, art. 44(5)

[F166 15A Additional provisions as to control of Executive by Authority. E+W

[F167 (1) In addition to any power of the Authority under any other provision of this Part of this Act to give directions to the Executive as respects any matter, the Authority may give to the Executive directions as to the exercise and performance by the Executive of their functions (including the exercise of rights conferred by the holding of interests in companies) in relation to matters appearing to the Authority to affect the carrying out by the Authority or the Executive of their respective duties under section 9(3) of this Act.]

(2) The Executive shall provide the Authority at such time or intervals and in such form and manner as the Authority may require with information with respect to the operations and the expenditure on capital and revenue account respectively which are planned or under consideration by the Executive and shall furnish the Authority with such returns, accounts and other information with respect to the property and activities of the Executive or any subsidiary of theirs as the Authority may from time to time require.

(3) The Authority may from time to time cause a review to be made of the organisation of the Executive’s undertaking and may give to the Executive such directions as appear to the Authority from any such review to be requisite to secure that the Executive’s undertaking is organised in the most efficient manner; and the Executive shall not make, or permit to be made, any substantial change in the manner in which their undertaking is organised except in pursuance of a direction given by the Authority under this subsection, or with the approval of the Authority.]

[F168 (4) This section does not apply to—

(a) the West Yorkshire Combined Authority, or

(b) the West Midlands Combined Authority.]

Textual Amendments

F166 S. 15A inserted (E.W.) by Local Government Act 1972 (c. 70, SIF 81:1), s. 202(2), Sch. 24 para. 4 and (S.) by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 18 para. 8

F167 S. 15A(1) repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 11, Sch. 8

F168 S. 15A(4) substituted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 10

16 Publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities. E+W

(1) The Authority for any [F169 integrated transport area [F170 , combined authority area] [F171 , combined county authority area] or] [F172 area designated by an order under section 9(1) of this Act] [F172 passenger transport area] shall as soon as practicable after the end of each accounting period of the Executive cause to be prepared jointly by the Authority and the Executive, and to be published in such manner [F173 as the Minister may direct][F173 as the Authority consider appropriate] a report on the exercise and performance by the Authority and the Executive of their respective functions during that period, including in particular any matters which by virtue of paragraph 15 of Part III of Schedule 5 to this Act are required [F174 by the order aforesaid] [F174 by any order made, or having effect as if made, under section 9(3) of this Act] to be dealt with in the report.

(2) Where the activities of the Executive or any subsidiary of theirs include the carrying on of the business of providing services for the carriage of passengers by road [F175 which do not, [F176 and if section 19(3)(a) of this Act had not passed would not], require authorisation by a road service licence] [F175 other than local services], the report under this section for any accounting period shall include a statement of—

(a) the amount, as determined by the Executive, of the turnover of the Executive or subsidiary for that period in respect of that business;

(b) the extent or approximate extent (expressed in either case in monetary terms) to which, as so determined, the carrying on of that business contributed to, or restricted, the profit or loss of the Executive or subsidiary for that period before taxation;

(c) the method by which any determination for the purposes of paragraph (a) or (b) of this subsection was arrived at; [F177 and

(d) such further information, if any, relating to the carrying on by the Executive or subsidiary of that business as the Minister may from time to time direct.]

[F178 (2A) In its application to [F179 each of the authorities within subsection (2B)], [F180 subsection (1)] has effect as if—

(a) the words “jointly by the Authority and the Executive” were omitted;

(b) “and the Executive” (in the second place) were omitted; F181 ...

(c) for “their respective” there were substituted “its”] [F182 ; and

(d) the words from “including in particular” to the end of the subsection were omitted.]

[F183 (2B) The authorities referred to in subsection (2A) are—

(a) the West Yorkshire Combined Authority, and

(b) the West Midlands Combined Authority.]

[F184 (3) If, where the Executive or any subsidiary of theirs carry on such business as aforesaid, it appears at any time to the Minister that, having regard to all the circumstances appearing to the Minister to be relevant, the charges made for the services aforesaid provided by the Executive or subsidiary are unduly low in comparison with the cost of providing them, the Minister shall, after consultation with the Authority and with the Executive, either—

(a) direct the Executive to make, or, as the case may be, to ensure that the subsidiary makes, such modifications in their or its method of conducting that business as may be specified in the direction; or

(b) direct the Executive to discontinue, or, as the case may be, to ensure that the subsidiary discontinues, that business.

(4) The Minister may by order provide that subsections (2) and (3) of this section shall apply with or without modifications to any specified business of the Executive or any subsidiary of theirs which appears to the Minister to be of a character only subsidiary or incidental to the discharge of the Executive’s duty under section 9(3) of this Act and to be carried on on a substantial scale as those subsections apply to the business referred to in the said subsection (2).

(5) The Executive shall secure that no subsidiary of theirs carries on any business with respect to which the Minister has given the Executive a direction under subsection (3)(b) of this section]

Textual Amendments

F169 Words in s. 16(1) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 8; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F170 Words in s. 16(1) inserted (1.4.2014) by The Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), art. 1, Sch. para. 9

F171 Words in s. 16(1) inserted (E.W.) (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 15 (with s. 247)

F172 Words commencing “passenger" substituted (E.W.S.) for words commencing “area designated" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 12(a)(i)

F173 Words “as the Authority consider appropriate" substituted (E.W.S.) for words “as the Minister may direct" by Local Government Act 1972 (c. 70, SIF 81:1), s. 202(2), Sch. 24 para. 6 and Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 18 para. 9

F174 Words commencing “by any order" substituted (E.W.S.) for words commencing “by the order" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 12(a)(ii)

F175 Words substituted (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 9

F176 Words expressed to be repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 12(b), Sch. 8

F177 Words repealed (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 29 and (E.W.) by Local Government Act 1974 (c. 7, SIF 81:1), Sch. 8

F178 S. 16(2A) inserted (1.4.2014) by The West Yorkshire Combined Authority Order 2014 (S.I. 2014/864), art. 1(2), Sch. 2 para. 11

F179 Words in s. 16(2A) substituted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 11(2)(a)

F180 Words in s. 16(2A) substituted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 11(2)(b)

F181 Word in s. 16(2A)(b) omitted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 9(3)(b); S.I. 2015/994, art. 11(o)

F182 S. 16(2A)(d) and word inserted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 9(3)(c); S.I. 2015/994, art. 11(o)

F183 S. 16(2B) inserted (E.W.) (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 2 para. 11(3)

F184 S. 16(3)–(5) repealed (E.W.) (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 29 and Local Government Act 1974 (c. 7), Sch. 8

Modifications etc. (not altering text)

C29 S. 16 amended by Transport Act 1983 (c. 10, SIF 126), s. 8(5)

C30 S. 16(2) excluded (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(6)