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The Traffic Areas (Reorganisation) (Wales) Order 1999

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.

Commencement and citation

1.  (1)  This Order may be cited as the Traffic Areas (Reorganisation) (Wales) Order 1999.

(2) The provisions of the Order shall come into force on the fourteenth day after the day on which this Order is approved by resolution of each House of Parliament.

Interpretation

2.  In this Order–

“the 1981 Act” means the Public Passenger Vehicles Act 1981;

“the 1995 Act” means the Goods Vehicles (Licensing of Operators) Act 1995(1);

“the 1990 Order” means the Traffic Areas (Reorganisation) Order 1990(2);

“goods vehicle operator’s licence” means an operator’s licence within the meaning of section 2 of the 1995 Act;

“operating centre”, in relation to a goods vehicle operator’s licence, has the meaning given by section 7(3) of the 1995 Act and, in relation to a PSV operator’s licence, has the meaning given by section 82(1) of the 1981 Act;

“PSV operator’s licence” has the meaning given by section 82(1) of the 1981 Act;

“review” means a review of a goods vehicle operating centre in accordance with sections 30 to 32 of the 1995 Act;

“the reorganisation date” has the meaning given by article 4; and

“transferred part of the North-Western Traffic Area” means the area transferred by article 3(3) to the Welsh Traffic Area.

Reorganisation of Traffic Areas

3.  (1)  In this Order “the reorganisation date” means the date that this Order comes into force.

(2) On the reorganisation date, the South-Wales Traffic Area shall be abolished and in accordance with paragraph (4) the area which that Traffic Area comprises shall become part of the Welsh Traffic Area.

(3) On the reorganisation date, and in accordance with paragraph (4) the part of the North-Western Traffic Area which comprises the former counties of Clwyd and Gwynedd shall be transferred to the Welsh Traffic Area, and the rest shall remain as the North-Western Traffic Area.

(4) On the reorganisation date Schedule 1 to the 1990 Order shall be amended as follows–

(a)in column (1) “Welsh” shall be substituted for “South-Wales”;

(b)in column (2) “Clwyd” and “Gwynedd” shall be deleted, and “Wales” shall be substituted for “the Counties of Dyfed, Gwent, Mid Glamorgan, Powys, South Glamorgan and West Glamorgan”.

Construction and amendment of enactments and other documents

4.  (1)  A reference in any enactment passed or made before the reorganisation date or in any other document made or issued before that date to the South-Wales Traffic Area, or to the traffic commissioner for the South-Wales Traffic Area, shall, in relation to any time on or after that date, be construed as a reference to the Welsh Traffic Area, or (as the case may be) the traffic commissioner for the Welsh Traffic Area.

(2) In respect of the transferred part of the North-Western Traffic Area, any reference in any enactment passed or made before the reorganisation date or in any other document made or issued before that date to the North-Western Traffic Area, or to the traffic commissioner for the North-Western Traffic Area, shall, in relation to any time on or after that date, be construed as a reference to the Welsh Traffic Area, or (as the case may be) the traffic commissioner for the Welsh Traffic Area.

Traffic Commissioners

5.  (1)  Subject to paragraph (2), nothing in this Order shall affect the appointment of a traffic commissioner or a deputy traffic commissioner.

(2) The traffic commissioner for the Welsh Traffic Area shall be the person who immediately before the reorganisation date was the traffic commissioner for the South-Wales Traffic Area.

Debts and liabilities

6.  (1)  Any debt in respect of the South-Wales Traffic Area or the transferred part of the North-Western Traffic Area which is due immediately before the reorganisation date shall be treated as a debt due to the traffic commissioner for the Welsh Traffic Area.

(2) Any liability in respect of the South-Wales Traffic Area or the transferred part of the North-Western Traffic Area which is outstanding immediately before the reorganisation date shall be treated as the liability of the traffic commissioner for the Welsh Traffic Area.

Goods vehicle operators' and PSV operators' licences

7.  The Schedule to this Order shall have effect in relation to goods vehicle operators' licences and PSV operators' licences.

Continuity of exercise of functions

8.  (1)  Nothing in this Order shall affect the validity of anything done by a traffic commissioner before the reorganisation date.

(2) Anything which immediately before the reorganisation date is in the process of being done by or in relation to a traffic commissioner in relation to the South-Wales Traffic Area or the transferred part of the North-Western Traffic Area may be continued by or in relation to the traffic commissioner for the Welsh Traffic Area.

(3) Anything done by or in relation to a traffic commissioner before the reorganisation date in relation to the South-Wales Traffic Area or the transferred part of the North-Western Traffic Area shall, so far as is required for continuing its effect on or after that date, have effect as if done by or in relation to the traffic commissioner for the Welsh Traffic Area.

(4) Without prejudice to the generality of paragraphs (2) and (3), those paragraphs apply in particular to–

(a)any decision or determination made by a traffic commissioner;

(b)any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by a traffic commissioner;

(c)any notice, direction or certificate given by or to a traffic commissioner;

(d)any application, request, proposal, representation or objection made to a traffic commissioner;

(e)any condition or requirement imposed by a traffic commissioner;

(f)any undertaking given to a traffic commissioner;

(g)any matter affecting fees;

(h)any appeal against a decision of a traffic commissioner and any order made on such an appeal;

(i)any appeal allowed or dismissed by a traffic commissioner;

(j)any proceedings instituted by or against a traffic commissioner.

(5) The foregoing provisions of this article are subject to article 6 and without prejudice to the Schedule.

Inquiries

9.  (1)  This article applies where–

(a)an inquiry held by a traffic commissioner under any Act or statutory instrument has begun before the reorganisation date; and

(b)but for this article, the matter to be determined at the inquiry would fall to be determined in whole or in part by the traffic commissioner for the South-Wales Traffic Area or the North-Western Traffic Area.

(2) In such a case, the traffic commissioner holding the inquiry may if he thinks fit, on and after the reorganisation date, continue to hold the inquiry (if it is not already completed) and, after it has been completed, make the determination.

(3) Any determination made by virtue of this article shall have effect as if it had been made by the traffic commissioner to whom, but for this article, the determination would have fallen to be made.

(4) Paragraphs (1) to (3) shall apply with appropriate modification where an inquiry is held by a deputy traffic commissioner.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Larry Whitty

Department of the Environment, Transport and the Regions

9th March 1999

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