Transport Act 1985

134 Regulations, rules and orders. E+W+S

(1) Section 60 of the 1981 Act (general power to make regulations for purposes of that Act) shall have effect as if Parts I and II of this Act were contained in that Act.

(2) In that section—

(a) in subsection (1) (which, in effect, provides that all regulations authorised under that Act are to be made under that section) the words from “for any purpose” to “generally” and the words from “and regulations under this section” to the end of the subsection shall be omitted;

(b) the following subsection shall be inserted after subsection (1)—

“(1A) Regulations made under any provision of this Act may make different provision for different cases to which the regulations apply, and may in particular—

(a) make different provision as respects different areas; and

(b) make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances.”;

(c) in subsection (2) (which defines “regulations” as meaning regulations under that section), for the words “under this section” there shall be substituted the words “by the Secretary of State”; and

(d) subsection (3) (which excepts certain provisions of that Act from being included in references to that Act in that section and is unnecessary in view of the amendments made above in this section) shall be omitted.

(3) The power to make regulations under that section, as it applies by virtue of this section, shall extend to any of the following matters—

(a) applications for, and the issue of, permits under section 19 or 22 of this Act; and

(b) the issue of copies of such permits in the case of permits lost or destroyed.

(4) The Secretary of State may make regulations under this section for the purpose of carrying the provisions of this Act (apart from Parts I and II) into effect.

(5) Regulations or rules made under any provision of this Act (other than one contained in Part I or II), and any order made by the Secretary of State under any provision of this Act (including one so contained), may make different provision for different cases to which those regulations or rules or (as the case may be) to which that order applies, and may in particular make different provision as respects different areas.

[F1 (6) Regulations made by the Welsh Ministers under any of the specified provisions may make different provision for different cases to which the regulations apply, and may in particular—

(a) make different provision as respects different areas; and

(b) make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances.

(7) The ““specified provisions”” are—

(a) section 6(2), (3) and (9);

(b) section 6A(11);

(c) section 6B(5) and (7);

(d) section 7(6)(d), (9) and (11);

(e) section 10(5)(c) and (8).

(8) An order made by the Welsh Ministers under section 13(1) may make different provision for different cases to which the order applies, and may in particular make different provision as respects different areas.]

Textual Amendments

F1 S. 134(6)-(8) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 44 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

Modifications etc. (not altering text)

C1 S. 134 modified (26.11.2008 for specified purposes, 6.4.2009 in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 60(5), 134(1)(c)(4); S.I. 2009/107, art. 4(1), Sch. 4 Pt. 1