Transport Act 2000 (c. 38)

SCHEDULES

SCHEDULE 11 E+W Minor and consequential amendments about local transport

Transport Act 1985 (c.67) E+W

9 E+W The Transport Act 1985 has effect subject to the following amendments.

Commencement Information

I1 Sch. 11 para. 9 wholly in force at 1.8.2001; Sch. 11 para. 9 not in force at Royal Assent see s. 275(1); Sch. 11 para. 9 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

10 (1) Section 26(1) (conditions attached to PSV operator’s licence) is amended as follows. E+W

(2) In paragraph (b), after “section” insert “ or section 118(4) or 129(1)(b) of the Transport Act 2000 ”.

(3) After that paragraph insert “; or

(ba) the operator has failed to comply with section 138 or 140(3) of that Act;”.

Commencement Information

I2 Sch. 11 para. 10 wholly in force; Sch. 11 para. 10 not in force at Royal Assent see s. 275(1); Sch. 11 para. 10(1)(3) in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 10 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 10(2) in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

11 (1) Section 63 (functions of local councils with respect to passenger transport in areas other than passenger transport areas) is amended as follows. E+W

(2) In subsection (1), omit paragraph (b) and the word “and” before it.

(3) In subsection (3)—

(a) omit “(1)(b) or” and “(1)(a) or”,

(b) in paragraph (a), omit “as a local education authority or (as the case may be)”, and

(c) in paragraph (b), omit “social services or (as the case may be)”.

(4) In subsection (7), for the words from “so to conduct” to the end substitute “ to have regard to a combination of economy, efficiency and effectiveness. ”

(5) [F1 In subsection (8), at end insert “ and to the appropriate bus strategy. ”]

(6) [F1 After that subsection insert—

“(8A) In subsection (8) “the appropriate bus strategy” means—

(a) in the case of a council which is a local transport authority (within the meaning of section 108(4) of the Transport Act 2000), their bus strategy;

(b) in the case of a district council which is not such an authority, the bus strategy of the council for the county in which the district is situated.”]

Textual Amendments

F1 Sch. 11 para. 11(5)(6) repealed (31.1.2010 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 1; S.I. 2009/3294, art. 2(d)

Commencement Information

I3 Sch. 11 para. 11 wholly in force at 1.8.2001; Sch. 11 para. 11 not in force at Royal Assent see s. 275(1); Sch. 11 para. 11 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 11 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

12 (1) Section 64 (consultation and publicity with respect to policies as to services) is amended as follows. E+W

(2) In subsection (1)—

(a) for “63(1)(b) or (2)(b)” substitute “ 63(2)(b) ”,

(b) for “either of those provisions” substitute “ that provision ”, and

(c) omit the words following paragraph (b).

(3) In subsection (2), omit “under section 63(1)(a) or (as the case may be)”.

Commencement Information

I4 Sch. 11 para. 12 wholly in force; Sch. 11 para. 12 not in force at Royal Assent see s. 275(1); Sch. 11 para. 12 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

F2 13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 11 para. 13 repealed (9.2.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 3; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/3294, art. 2(d)

14 E+W In section 82 (bus stations: restrictions on discriminatory practices), after subsection (4) insert—

“(4A) Nothing done pursuant to a quality partnership scheme under Part II of the Transport Act 2000 by—

(a) a Passenger Transport Executive,

(b) a local authority, or

(c) a person to whom subsection (3) above applies,

shall be taken to be discrimination prohibited by subsection (1) or (3) above.”

Commencement Information

I5 Sch. 11 para. 14 wholly in force at 26.10.2001; Sch. 11 para. 14 not in force at Royal Assent see s. 275(1); Sch. 11 para. 14 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 14 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

15 E+W In section 93(7) (persons eligible to receive travel concessions under local scheme), for paragraphs (d) and (e) substitute—

“(d) persons who are blind;

(e) persons who are partially sighted;

(ea) persons who are deaf;

(eb) persons who are without speech;

(ec) persons who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;

(ed) persons who do not have arms or have long-term loss of the use of both arms;

(ee) persons who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning;

(ef) persons who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the M1 Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol;

(eg) any person travelling as the companion of a person who—

(i) is eligible to receive travel concessions by virtue of any other paragraph of this subsection; and

(ii) requires the assistance of a companion in order to travel on journeys on public passenger transport services;”.

Commencement Information

I6 Sch. 11 para. 15 wholly in force at 1.4.2002; Sch. 11 para. 15 not in force at Royal Assent see. S. 275; Sch. 11 para. 15 in force (E.) at 1.6.2001 by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 15 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2

Marginal Citations

M1 1988 c. 52.

16 E+W In section 94(4) (definition of eligible service), for the words from “a service is” to the end substitute ““eligible service” means—

(a) until section 92 of the M2 Finance Act 1965 (grants towards duty charged on bus fuel) ceases to have effect as a result of section 154(6) of the Transport Act 2000, a service qualifying for fuel duty grant, and

(b) after that time, a service using public service vehicles of a class specified in an order made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).”

Commencement Information

I7 Sch. 11 para. 16 wholly in force at 1.4.2002; Sch. 11 para. 16 not in force at Royal Assent see. S. 275; Sch. 11 para. 16 in force (E.) at 1.6.2001 by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 16 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2

Marginal Citations

M2 1965 c. 25.

17 E+W In section 103(3) (no subsidies for concessions available under a scheme), insert at the end “ or under section 145(1) of the Transport Act 2000. ”

Commencement Information

I8 Sch. 11 para. 17 wholly in force at 1.4.2002; Sch. 11 para. 17 not in force at Royal Assent see. S. 275; Sch. 11 para. 17 in force (E.) at 1.6.2001 by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 17 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2

18 (1) Section 104 (travel concessions on services provided by Passenger Transport Executives) is amended as follows. E+W

(2) In subsection (1), for the words from “other than” to “that section” substitute “ otherwise than in accordance with a scheme established under section 93 of this Act or in accordance with section 145(1) of the Transport Act 2000 ”.

(3) In subsection (2), after paragraph (a) insert—

“(aa) in accordance with section 145(1) of the Transport Act 2000; or”.

Commencement Information

I9 Sch. 11 para. 18 wholly in force at 1.4.2002; Sch. 11 para. 18 not in force at Royal Assent see. S. 275; Sch. 11 para. 18 in force (E.) at 1.6.2001 by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 18 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2

19 E+W In section 105(1) (travel concessions on services provided by local authorities), for the words “of any description” onwards substitute “ in accordance with a scheme established under section 93 of this Act or in accordance with section 145(1) of the Transport Act 2000. ”

Commencement Information

I10 Sch. 11 para. 19 wholly in force at 1.4.2002; Sch. 11 para. 19 not in force at Royal Assent see. S. 275; Sch. 11 para. 19 in force (E.)(1.6.2001 for specified purposes) by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 19 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2

F3 20 (1) Section 108 (grants for establishment of rural passenger services in Wales and Scotland) is amended as follows. E+W

(2) In subsection (1), omit “Wales or”.

(3) In the sidenote, omit “Wales and”.

Textual Amendments

F3 Sch. 11 para. 20 partly in force; Sch. 11 para. 20 not in force at Royal Assent see s. 275; Sch. 11 para. 20 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2

21 E+W Omit section 109 (transitional rural bus grants).

Commencement Information

I11 Sch. 11 para. 21 wholly in force at 26.10.2001; Sch. 11 para. 21 not in force at Royal Assent see s. 275(1); Sch. 11 para. 21 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 21 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

22 (1) Section 111 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)). E+W

(2) For subsection (1) substitute—

“(1) Where the traffic commissioner for any traffic area is satisfied that the operator of a local service has, without reasonable excuse—

(a) failed to operate a local service registered under section 6 of this Act;

(b) operated a local service in contravention of that section or section 118(4) or 129(1)(b) of the Transport Act 2000; or

(c) failed to comply with section 138 or 140(3) of that Act;

he may make a determination to that effect.”

Commencement Information

I12 Sch. 11 para. 22 partly in force; Sch. 11 para. 22 not in force at Royal Assent see s. 275(1); Sch. 11 para. 22 in force for specified purposes (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 22 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 22 in force in so far as it is not already in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.