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Transport Act 1968

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E+W+S

Transport Act 1968

1968 CHAPTER 73

An Act to make further provision with respect to transport and related matters.

[25th October 1968]

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Modifications etc. (not altering text)

C1Power to amend and repeal conferred by Transport (Scotland) Act 1989 (c. 23, SIF 126), s. 14(3)(d)

C3Provisions of the Act requiring transport managers for operating centres for authorised vehicles under goods vehicle operator's licences repealed (E.W.) by Transport Act 1982 (c. 49, SIF 126), Sch. 5 para. 6

C4This Act is not necessarily in the form in which it has effect in Northern Ireland

C5Act modified (1.6.1993) by S.I. 1993/1119, regs. 3, 4(1), Sch. 1

Act modified (1.6.1993) by S.I. 1993/1119, regs. 3, 4(2), Sch. 2

Act: power to apply conferred (S.) (4.1.1995) by 1994 c. 39, s. 40, Sch. 5 Pt. II para. 15 (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

Part IE+W+S+N.I. Integration of Freight Transport Services

1—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S+N.I.

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Amendments (Textual)

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S+N.I.

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Amendments (Textual)

Redistribution of activities between Freight Corporation and Railways Board or Scottish GroupE+W+S+N.I.

F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Part IIE+W+S+N.I. Passenger Transport Areas

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Modifications etc. (not altering text)

C7Power to modify Pt. II conferred (S.) by Local Government (Scotland) Act 1973 (c. 65), s. 150(3)

C8Pt. II (ss. 9-23) amended (S.) (4.1.1996) by 1994 c. 39, s. 40(1) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

Designation of Passenger Transport Areas and establishment and functions of Authorities and ExecutivesE+W+S+N.I.

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

[F5(1)[F6Subject 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

(ii)in Scotland, that part of the Strathclyde region which was a designated area for the purposes of this Part of this Act immediately before the date on which section 57 of the Transport Act 1985 came into operation;

shall be a passenger transport area;

(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 [F7passenger transport authority for the county which is coterminous with or includes that passenger transport area]; and

(ii)in relation to the Strathclyde passenger transport area, the Strathclyde regional council; and

(c)the Passenger Transport Executive for a passenger transport area (referred to below in this Part of this Act, in relation to that area, as “the Executive") shall be the body which immediately before the date mentioned in paragraph (a) above was the Passenger Transport Executive for the designated area for the purposes of this Part of this Act corresponding to that passenger transport area.

(2)The Executive for a passenger transport area consists of—

(a)a Director General appointed in accordance with Part II of Schedule 5 to this Act by the Authority; and

(b)not less than two nor more than eight other members so appointed by the Authority after consultation with the Director General.

(3)Subject to subsection (2) of this section and Part II of Schedule 5 to this Act, the Secretary of State may by order make with respect to the Executive for any passenger transport area—

(a)such provision with respect to any of the matters referred to in Part III of that Schedule; and

(b)such supplementary, incidental and consequential provision;

as appears to the Secretary of State to be necessary or expedient.

(4)Before making any order under subsection (3) of this section, the Secretary of State shall consult with the Passenger Transport Authority for the area and, where the area is in England and Wales, with the councils of the districts comprised in the [F8county which is coterminous with or includes that] area.]

(5)Each of the councils of [F9the districts comprised in [F10a county which is coterminous with or includes] a 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. . . F11thereto other than [F12section 20(6) and (7)] shall be construed as a reference to the Secretary of State.

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Amendments (Textual)

F7Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 58(2)(a)(ii)

F9Words substituted (E.W.) by virtue of Transport Act 1985 (c. 67, SIF 126), s. 57(1)(b)

9 Passenger Transport Areas, Authorities and Executives.S

[F728(1)[F729Subject 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

[F730(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 [F731passenger transport authority for the county which is coterminous with or includes that passenger transport area]; and

[F732(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

[F733(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]

[F734and

(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 [F735county which is coterminous with or includes that] area.

(5)Each of the councils [F736constituted 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. . . F737thereto other than [F738section 20(6) and (7)] shall be construed as a reference to the Secretary of State.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F739

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Extent Information

E20This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only.

Amendments (Textual)

F733Words in s. 9(1)(c) renumbered as para. (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)

F736Words in s. 9(5) substituted (S.) (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. I para. 2

[F139A General functions of Passenger Transport Authorities and Executives.E+W

F14(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(3)It shall be the duty of the Executive for each 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 without subsidy; and

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

(5)Where it appears to the Authority for any passenger transport area that it would be appropriate for the Executive for that area to take any measures for the purpose of or in connection with promoting, so far as relates to that area—

(a)the availability of public passenger transport services other than subsidised services and the operation of such services, in conjunction with each other and with any available subsidised services, so as to meet any public transport requirements the Authority consider it appropriate to meet; or

(b)the convenience of the public (including persons who are elderly or disabled) in using all available public passenger transport services (whether subsidised or not);

the Authority may from time to time formulate general policies with respect to the description of such measures to be taken by the Executive for that area, and the Executive shall take such measures for the purpose or in the connection mentioned above as appear to them to be appropriate for carrying out those policies.

(6)It shall be the duty—

(a)of the Authority for any passenger transport area, in formulating any such policies; and

(b)of the Executive for any passenger transport area, in carrying out any such policies;

[F16to 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 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 [F17and to the bus strategy made jointly by the Authority and the councils for the metropolitan districts comprised in the area.]

(8)No person who is for the time being—

(a)the operator of any public passenger transport services;

(b)a director of any company or (as the case may be) an employee of any company or other person who is such an operator;

(c)a director or employee of any company which is a member of a group of inter-connected bodies corporate any one or more of which is such an operator;

(d)in Scotland, a partner or (as the case may be) an employee of a partner of such an operator;

shall be appointed as a member, officer or servant of the Executive for any passenger transport area; and any person so appointed who subsequently becomes such an operator, director, partner or employee shall immediately vacate his membership of the Executive, or (as the case may be) his office or employment with the Executive.

(9)References in subsection (5) above to subsidised services are references to services provided under an agreement providing for service subsidies entered into—

(a)by the Executive for the area in question or for any other area under subsection (4) of this section; or

(b)by any non-metropolitan county or district council in England and Wales or by any regional or islands council in Scotland under section 63 of the Transport Act 1985.

(10)For the purposes of subsection (8) above, any two bodies corporate are to be treated as 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.]

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only

Amendments (Textual)

F13Ss. 9A, 9B inserted (with savings for s. 9A(8) by Transport Act 1985 (c. 67, SIF 126), s. 57(2)(5)

F14S. 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

F15S. 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

F16Words 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

F17Words in s. 9A(7) substituted (1.2.2001 for E. and 1.8.2001 for W.) by 2000 c. 38, ss. 161, 275(1), Sch. 11 para. 3(5); 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

Modifications etc. (not altering text)

C10S. 9A(8) excluded (18.2.1993) by 1989 c. xix, s. 28(7) (as inserted by 1993 c. ii, s. 14)

[F7409A 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 sections 89 to 92 of the Transport Act 1985 (tendering for local services, etc.).

(5)Where it appears to the Authority for any passenger transport area that it would be appropriate for the Executive for that area to take any measures for the purpose of or in connection with promoting, so far as relates to that area—

(a)the availability of public passenger transport services other than subsidised services and the operation of such services, in conjunction with each other and with any available subsidised services, so as to meet any public transport requirements the Authority consider it appropriate to meet; or

(b)the convenience of the public (including persons who are elderly or disabled) in using all available public passenger transport services (whether subsidised or not);

the Authority may from time to time formulate general policies with respect to the description of such measures to be taken by the Executive for that area, and the Executive shall take such measures for the purpose or in the connection mentioned above as appear to them to be appropriate for carrying out those policies.

(6)It shall be the duty—

(a)of the Authority for any passenger transport area, in formulating any such policies; and

(b)of the Executive for any passenger transport area, in carrying out any such policies;

so to conduct themselves as not to inhibit competition between persons providing or seeking to provide public passenger transport services in their area.

(7)It shall be the duty both of the Authority and of the Executive for any passenger transport area, in exercising or performing any of their functions under the preceding provisions of this section, to have regard to the transport needs of members of the public who are elderly or disabled.

(8)No person who is for the time being—

(a)the operator of any public passenger transport services;

(b)a director of any company or (as the case may be) an employee of any company or other person who is such an operator;

(c)a director or employee of any company which is a member of a group of inter-connected bodies corporate any one or more of which is such an operator;

(d)in Scotland, a partner or (as the case may be) an employee of a partner of such an operator;

shall be appointed as a member, officer or servant of the Executive for any passenger transport area; and any person so appointed who subsequently becomes such an operator, director, partner or employee shall immediately vacate his membership of the Executive, or (as the case may be) his office or employment with the Executive.

(9)References in subsection (5) above to subsidised services are references to services provided under an agreement providing for service subsidies entered into—

(a)by the Executive for the area in question or for any other area under subsection (4) of this section; or

(b)by any non-metropolitan county or district council in England and Wales or by any [F741regional 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.]

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Extent Information

E21This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

Amendments (Textual)

F740Ss. 9A, 9B inserted (with savings for s. 9A(8) by Transport Act 1985 (c. 67, SIF 126), s. 57(2)(5)

Modifications etc. (not altering text)

C159S. 9A excluded (24.12.1993) by 1993 c. 43, ss. 144(1), 150(1)(j); S.I. 1993/3237, art. 2(1)

C160S. 9A(8) excluded (18.2.1993) by 1989 c. xix, s. 28(7) (as inserted by 1993 c. ii, s. 14)

[F189B 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 [F20the 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.]]

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Extent Information

E2This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Amendments (Textual)

F18Ss. 9A, 9B inserted (with savings for s. 9A(8)) by Transport Act 1985 (c. 67, SIF 126), s. 57(2)(5)

F19S. 9B repealed (1.2.2001 (E.) and omitted 1.8.2001 (W.) and repealed 14.8.2002 (W.) and otherwiseprosp.) 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

[F7429B 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 [F743council (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 [F744the 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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E22This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Amendments (Textual)

F742Ss. 9A, 9B inserted (with savings for s. 9A(8)) by Transport Act 1985 (c. 67, SIF 126), s. 57(2)(5)

10 General powers of Executive.E+W

(1)Subject to the provisions of this Act, the Executive for a [F21passenger transport] area shall have power—

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

(ii)to carry passengers by any other form of land transport 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, [F22the 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 (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 (ii) between places outside that area;

(iv)in any vehicle or vessel used for the carriage of passengers in pursuance of paragraph (i), (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 [F23the 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;

[F24(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 M1Railways 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;]

[F25(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;

[F26(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;

(viiib)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 [F27and 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 F28. . ., 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;

  • 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 [F29their 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. . . F30 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 [F21passenger 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 M2[F31Acquisition of Land Act 1981] shall [F32apply 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 [F33Acquisition of Land Act 1981] form part of a common, open space or fuel or field garden allotment.

(5)The Ferries (Acquisition by Local Authorities) M3Act 1919 shall apply to the Executive for a [F21passenger 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) M4Act 1937 shall apply to the Executive for a [F21passenger transport] area as if that area were a [F34region] and the Executive were the council of that [F34region].

(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 [F21passenger 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 M5[F35Acquisition of Land Act 1981] references to the M6Acquisition 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E3This version of this provision extends to England and Wales only; separate versions have been created for Scotland only and Northern Ireland only.

Amendments (Textual)

F21Words “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)

F22Words 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)

F23Words 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)

F24S. 10(1)(viza) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 3(3); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F26S. 10 (1)(viiia)-(viiic) inserted (E.W.S.) (1.4.1994) by 1993 c. 43, s. 36(2); S.I. 1994/571, art. 5

F29Words “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)

F32Words “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)

Modifications etc. (not altering text)

C11Power to exclude s. 10(1)(i) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(5)

C12Power to repeal s. 10(1)(i) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(7)(8)

C13Power to exclude s. 10(1)(viii) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(5)

C14Power to repeal s. 10(1)(viii) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(7)(8)

Marginal Citations

M21981 c. 67.(28:1).

10 General powers of Executive.S

(1)Subject to the provisions of this Act, the Executive for a [F745passenger transport] area shall have power—

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

(ii)to carry passengers by any other form of land transport 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, [F746the 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 (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 (ii) between places outside that area;

(iv)in any vehicle or vessel used for the carriage of passengers in pursuance of paragraph (i), (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 [F747the 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;

[F748(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 M105Railways 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;]

[F749(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;

[F750(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;

(viiib)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 [F751section 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 F752. . ., 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 [F753their 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 F754. . . 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 [F745passenger 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 M106[F755Acquisition 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 [F756Acquisition of Land Act 1981] form part of a common, open space or fuel or field garden allotment.

(5)The Ferries (Acquisition by Local Authorities) M107Act 1919 shall apply to the Executive for a [F745passenger 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) M108Act 1937 shall apply to the Executive for a [F745passenger transport] area as if [F757the 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 [F745passenger 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 M109[F758Acquisition of Land Act 1981] references to the M110Acquisition 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.

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Extent Information

E23This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and Northern Ireland only.

Amendments (Textual)

F745Words “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)

F746Words 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)

F747Words 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)

F748S. 10(1)(viza) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 3(3); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F753Words “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)

Modifications etc. (not altering text)

C162Power to exclude s. 10(1)(i) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(5)

C163Power to repeal s. 10(1)(i) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(7)(8)

C164Power to exclude s. 10(1)(viii) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(5)

C165Power to repeal s. 10(1)(viii) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(7)(8)

Marginal Citations

10 General powers of Executive.N.I.

(1)Subject to the provisions of this Act, the Executive for a designated area shall have power—

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

(ii)to carry passengers by any other form of land transport 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, the following distance from the nearest point on the boundary of that area, namely—

(a)in the case of such an other form of land transport, such distance not exceeding twenty-five miles as may be specified in the order with respect to that area under section 9(1) of this Act or, if no distance of twenty-five miles;

(b)in the case of any form of water transport, such distance as may be specified as aforesaid;

(iii)so far as the Executive consider requisite—

(a)in connection with the exercise of their powers under paragraph (i) 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 (ii) between places outside that area;

(iv)in any vehicle or vessel used for the carriage of passengers in pursuance of paragraph (i), (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;

[F759(vi)to make payments to [F760the 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 M111Railways 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;]

[F761(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;

(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 , 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 and the consent of the Minister, 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 the discharge of their duty under section 9(3) of this Act, 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 or with the consent of the Executive granted under Schedule 6 to this Act 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 designated 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 M112[F762Acquisition 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 [F763Acquisition of Land Act 1981] form part of a common, open space or fuel or field garden allotment.

(5)The Ferries (Acquisition by Local Authorities) M113Act 1919 shall apply to the Executive for a designated 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) M114Act 1937 shall apply to the Executive for a designated area as if that area were a [F764region] and the Executive were the council of that [F764region].

(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 designated 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 M115[F765Acquisition of Land Act 1981] references to the M116Acquisition 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.

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Extent Information

E24This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales only and Scotland only.

For application to Northern Ireland see Sch. 17 Pt. I

Amendments (Textual)

F759S. 10(1)(viza) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 3(3); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F760Words 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)

Marginal Citations

11 Financial duty of Executive.E+W+S+N.I.

[F36(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 [F37section 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.

[F38(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.]

[F39(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.]

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Amendments (Textual)

12 Borrowing powers of Executive.E+W+S+N.I.

(1)The provisions of this section shall have effect with respect to borrowing by the Executive for a [F40designated][F40passenger 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. . . F41

(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)[F42Each of the councils of constituent areas][F42The Authority for the Executive’s area] shall have power to lend money to the Executive [F43but 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.

F44(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;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M7

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Amendments (Textual)

F42Words substituted (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 6(b)(i)

Modifications etc. (not altering text)

Marginal Citations

[F4513 Power to make grants.E+W

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

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Extent Information

E4This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

[F76613 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 M117authorities 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.]

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Extent Information

E25This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F766S. 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

[F4613A Guarantees by Authority.S

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

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Amendments (Textual)

F46S. 13A inserted (S.) (3.11.1994) by 1994 c. 39, ss. 163, 184(2)

14 Accounts of Executive.E+W

(1)The Executive for a [F47passenger transport] area shall—

(a)cause proper accounts and other records in relation to their business to be kept; F48. . .

F48(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F50(3)As soon as the accounts of the Executive for any accounting period have been audited in accordance with the Audit Commission Act 1998 they shall send a copy of any statement of accounts prepared by them for that period pursuant to regulations under section 27 of that Act to the Minister, to the Authority and to each of the councils of the districts comprised in the county which is coterminous with or includes the Executive’s area, together with a copy of the auditor’s opinion on that statement.]

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Extent Information

E5This version of this provision extends to England and Wales only; separate versions have been created for Scotland only and for Northern Ireland only

Amendments (Textual)

F48Word 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

F50S. 14(3) substituted (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 2

Modifications etc. (not altering text)

14 Accounts of Executive.S

(1)The Executive for a [F767passenger 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 [F768Authority] 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 [F769who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 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, [F770and] to the Authority F771. . . F772. . . together with a copy of the report made by the auditor or auditors on that statement.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E26This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and for Northern Ireland only.

Amendments (Textual)

F769Words in s. 14(2) substituted (01.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch. para. 21(2).

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 [F773who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E27This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales only and for Scotland only

Amendments (Textual)

F773Words in s. 14(2) substituted (01.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch. para. 21(2).

15 Further functions of Authority.E+W

(1)The Executive for a [F51passenger transport] area shall submit to the Authority and obtain the Authority’s approval of— F52

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

[F53(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 [F54the Strategic Rail Authority or a wholly-owned subsidiary of the Strategic Rail Authority for the provision] 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 F55. . .; and

(b)subject to section [F56104(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;

F57. . .

F58(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(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 [F51passenger 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E6This version of this provision extends to England and Wales only; separate versions have been made for Scotland only and Northern Ireland only

Amendments (Textual)

F51Words “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)

F53S. 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)

F54Words 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)

F56Words 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

Modifications etc. (not altering text)

C23S. 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)

15 Further functions of Authority.S

(1)The Executive for a [F774passenger transport] area shall submit to the Authority and obtain the Authority’s approval of— F775

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

[F776(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 [F777the 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 F778. . .; and

(b)subject to section [F779104(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 [F780of the grants which will be needed to enable the Executive to comply with their obligation under section 11(1) of this Act]. . .

F781(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, F782. . .]

(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 [F774passenger 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E28This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and Northern Ireland only

Amendments (Textual)

F774Words “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)

F776S. 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)

F777S. 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)

F779Words 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

F780Words “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)

Modifications etc. (not altering text)

C169S. 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)

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 [F783the 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E29This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales and Scotland only

Amendments (Textual)

F783Words 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)

C172S. 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)

[F6015A Additional provisions as to control of Executive by Authority.E+W+S+N.I.

[F61(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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

(1)The Authority for any [F62area designated by an order under section 9(1) of this Act][F62passenger 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 [F63as the Minister may direct][F63as 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 [F64by the order aforesaid][F64by 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 [F65which do not, [F66and if section 19(3)(a) of this Act had not passed would not], require authorisation by a road service licence][F65other 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; [F67and

(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.]

[F68(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]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F62Words 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)

F63Words “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

F64Words 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)

F66Words 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

Modifications etc. (not altering text)

Reorganisation of passenger transport in Passenger Transport AreasE+W+S+N.I.

[F6917 Transfer to Executive of local authority transport undertakings.E+W+S+N.I.

(1)In the case of each designated area the Minister shall by order make provision—

(a)with respect to any of the councils of constituent areas in the case of whom, on such date as may be appointed by the order, either—

(i)the council are carrying on, or are a member of some other body which is carrying on, an undertaking which either is at that date a road passenger transport, ferry or railway undertaking or was on the identifying date (that is to say, 8th December 1967 or a date five years before the date of the making of the order, whichever is the later) comprised in such an undertaking; or

(ii)any of the members of any such other body fall to be appointed by the council,

for the transfer on the date so appointed to the Executive from that council of all interests of that council in such fixed or movable property, and of all such rights and liabilities of that council, as may be determined by or under the order, being property, rights and liabilities which are on the date so appointed, or have at any time since the identifying date been, property used, rights enjoyed or liabilities incurred for or in connection with the purposes of that undertaking;

(b)for the transfer to the Executive (subject to paragraph 11(c) of Part III of Schedule 5 to this Act) of all property, rights and liabilities of, and for the dissolution of, any such other body as aforesaid which may be specified in the order, being a body in the case of which in consequence of provision made under paragraph (a) of this subsection no person other than the Executive or persons appointed by the Executive are entitled to be or become members;

(c)for the transfer to the Executive from any of the councils of constituent areas or any body specified for the purposes of paragraph (b) of this subsection of all such powers and duties as may be determined by or under the order, being powers or duties conferred or imposed on that council or body by or under any Act for the purposes of or in connection with any such undertaking as is referred to in paragraph (a) of this subsection;

(d)for the transfer to the service of the Executive of all such persons as may be determined by or under the order, being persons who immediately before the date appointed as aforesaid are employed by any of the councils of constituent areas or any body specified for the purposes of paragraph (b) of this subsection and who either are on that date or were on the identifying date aforesaid so employed in connection with any such undertaking as is referred to in paragraph (a) of this subsection;

(e)for the protection of the interests of persons transferred by the order to the service of the Executive.

(2)Any order under subsection (1) of this section may contain such supplementary, incidental and consequential provision as the Minister thinks necessary or expedient for the purposes of the order, and in particular, but without prejudice to the generality of the foregoing provisions of this subsection, may include provision—

(a)for the assumption by any council such as is mentioned in subsection (1)(a)(i) of this section and by the Executive of such liabilities to one another as may be determined by or under the order to be appropriate having regard to the financial arrangements of that council before the severance of the undertaking so mentioned from the other activities of that council;

(b)for—

(i)the exclusion from transfer to, or the disclaimer by, the Executive of any property acquired or contract entered into for the purposes of any undertaking affected by the order or any variation made in such a contract; or

(ii)the resumption by the Executive of any property, rights or liabilities formerly included in any such undertaking which have been disposed of before the transfer date; or

(iii)the resumption by the Executive of any interests in property, rights and liabilities of any of the councils of constituent areas, being property used, rights enjoyed or liabilities incurred for or in connection with the purposes of a road passenger transport, ferry or railway undertaking to which subsection (1)(a) of this section would have applied but for a disposal of the undertaking before the date appointed under the said subsection (1)(a), and whether before or after the making of the order,

if the acquisition of that property, the making of that contract or variation, or that disposal, took place after such date as may be specified in the order, not being earlier than the identifying date referred to in the said subsection (1)(a), and was not reasonably necessary or expedient for the purposes of the undertaking or was an act of unreasonable imprudence on the part of the person carrying on the undertaking;

(c)for the payment by such of the councils of constituent areas as are concerned of compensation to any person from whom any property, rights and liabilities are resumed by the Executive by virtue of paragraph (b)(ii) or (iii) of this subsection;

(d)for the settlement by a court or otherwise of any dispute or other matter arising in connection with the order;

(e)for securing that any undertaking affected by the order is properly carried on and maintained pending any relevant transfer under the order;

(f)for making in any Act, or in any instrument made under an Act, being an Act or instrument relating to, or to a class of undertakings which includes, any undertaking affected by the order, such modifications or repeals as may appear to the Minister to be required in consequence of any transfer under the order;

(g)for the making by the Executive to any council such as is mentioned in subsection (1)(a)(i) of this section of payments by way of contributions to the cost of any adjustments arising from the severance of the undertaking so mentioned from the other activities of that council.

(3)Section 1(1) to (5) of the M8Water Officers Compensation Act 1960 (which relates to compensation for loss of employment, etc., attributable to certain orders) shall apply to an order under subsection (1) of this section as it applies to the orders referred to in subsection (1) of that section but as if the definition of “the appropriate Minister” in subsection (4) of that section were omitted and for any other reference in that section to the appropriate Minister there were substituted a reference to the Minister; and the Minister shall exercise as respects any order under subsection (1) of this section the power to make regulations conferred by the said section 1 as applied by this subsection.

(4)Before making an order under subsection (1) of this section with respect to any designated area the Minister shall consult with any such councils of constituent areas as are referred to in paragraph (a), and any such other bodies as are referred to in paragraph (b), of that subsection; and those councils or bodies shall furnish the Minister with such information as he may reasonably require for the purpose of making the order.

(5)Subject to subsection (6) of this section, any property or interests in property, rights and liabilities for the transfer of which provision is made by an order under subsection (1) of this section shall on the date appointed for the purpose by the order be transferred, and by virtue of this Act vest, in accordance with the order.

(6)Schedule 4 to this Act shall apply to any transfer under subsection (5) of this section and that subsection shall have effect subject to the provisions of that Schedule; but—

(a)for the purposes of an order under subsection (1) of this section with respect to an area in Scotland or Wales, any reference in that Schedule to the Minister shall be construed as a reference to the Secretary of State;

(b)any order under the said subsection (1) may make modifications in that Schedule for the purposes of its application to a transfer effected by that order.]

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Amendments (Textual)

Marginal Citations

18, 19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70E+W+S

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Amendments (Textual)

F7120 Special duty of certain Executives with respect to railway passenger services. E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

(2)Without prejudice to their [F73duty under section 9A(3)] of this Act, it shall be the special duty of the Executive for a [F74passenger transport] area. . . F75

(a)to. . . F76 keep under review, the railway passenger services provided [F77by passenger service operators (within the meaning of Part I of the Railways Act 1993)] for meeting the needs of persons travelling between places in that area or between such places and places outside that area but within the permitted distance for the purposes of section 10(1)(ii) of this Act as it applies to that Executive; and

(b)without prejudice to the general powers of the Executive under section 10 of this Act [F78, to enter into such agreements with the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority as the Passenger Transport Authority for that area may approve for securing the provision of such railway passenger services as the Passenger Transport Authority][F79consider it appropriate to secure to meet any public transport requirements within that area].

(3)[F80The Strategic Rail Authority] shall furnish the Executive with any information which the Executive may reasonably require for the purposes of the discharge of their functions under subsection (2) of this section.

(4)Without prejudice to the general power of the Executive under section 10(1)(vi) of this Act, any agreement under this section may include provision for the making of payments by the Executive to [F81the Strategic Rail Authority or a wholly-owned subsidiary of the Strategic Rail Authority in respect of the railway passenger services provided] in pursuance of the agreement.

(5)Before entering into any agreement under this section, the Executive shall send a copy of the proposed agreement to the Minister; but a failure to comply with this subsection shall not affect the validity of the agreement.

(6)If any dispute arises between the Executive and [F82the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority] in connection with the provisions of subsection (2) or (3) of this section, either of them may require the dispute to be referred to the Minister for determination, and any agreement under the said subsection (2) may include provision for any dispute in connection with the agreement to be so referred; and where any dispute is referred to the Minister under or by virtue of this subsection, then, subject to subsection (7) of this section, the Minister may give such directions to the Executive and [F83the Strategic Rail Authority or the subsidiary] with respect to the dispute as he thinks fit.

(7)Before giving any directions under subsection (6) of this section to the Executive for a [F74passenger transport] area in Scotland or Wales the Minister shall consult with the Secretary of State.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

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Amendments (Textual)

F77Words in s. 20(2) inserted (1.4.1994) by 1993 c. 43, s. 36(3); S.I. 1994/571, art. 5 (with art. 7)

F78Words in s. 20(2)(b) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(2); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F80Words in s. 20(3) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(3); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F81Words in s. 20(4) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(4); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 PT. II)

F82Words in s. 20(6) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(5)(a); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F83Words in s. 20(6) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(5)(b); 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)

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85E+W+S

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Amendments (Textual)

GeneralE+W+S+N.I.

22 Provisions as to regulations and orders under Part II.E+W+S+N.I.

(1)In relation to orders. . . F86 made under this Part of this Act, the provisions of this section shall have effect in addition to the provisions of section 157 of this Act.

(2)Any order. . . F86 made under this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

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Amendments (Textual)

23 Consents of, or directions by, Minister under Part II.E+W+S+N.I.

(1)Section 28 of the Act of 1962 (which contains general provisions with respect to Ministerial consents under that Act) shall apply to a consent of the Minister under any provision of this Part of this Act to an action of the Executive for a [F88passenger transport] area as it applies to a consent under any of the provisions mentioned in the said section 28 to an action of any of the Boards and, where that area is in Scotland or Wales, as if any reference therein to the Minister of Transport included a reference to the Secretary of State.

(2)It shall be the duty of any person to whom the Minister [F89or an Authority for a [F88passenger transport] area] gives directions under this Part of this Act to give effect to those directions.

(3)Any direction given by the Minister [F89or an Authority for a [F88passenger transport] area] under this Part of this Act shall be in writing.

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Amendments (Textual)

F88Words “passenger transport" substituted (E.W.S.) for “designated" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 2(a)

[F9023A Interpretation of certain provisions of this Part relating to railways.E+W+S+N.I.

(1)For the purposes of sections 10, 15 and 20 of this Act—

(a)light maintenance depot”, “locomotive”, “network”, “railway passenger services”, “rolling stock” and “station” have the meaning given in section 83(1) of the Railways Act 1993; and

(b)operator” has the meaning given in section 6(2) of that Act.

(2)For the purposes of sections 10(1)(vi), 15(1)(d) and 20(2)(b), (4) and (6) of this Act “wholly-owned subsidiary” has the meaning given by section 736 of the M9Companies Act 1985.]

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Amendments (Textual)

Marginal Citations

Part IIIE+W+S+N.I. Bus and Ferry Services

National Bus Company and Scottish Transport GroupE+W+S+N.I.

[F9124 Establishment and general duties of Bus Company and Scottish Group.E+W+S

(1)There shall be constituted in accordance with Schedule 1 to this Act—

F92(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a public authority to be called the Scottish Transport Group (hereafter in this Act referred to as “the Scottish Group”).

(2)[F93In the case of any area which is a passenger transport area for the purposes of Part II of this Act], it shall be the duty—

(a)of the Executive for that area; and

(b)F94. . . of the Scottish Group, F95. . ., either acting directly, or acting indirectly through subsidiaries of that F94. . . Group,

to co-operate with one another in the re-organisation of bus services within, to and from that area, and for that purpose to enter into agreements as to the services to be provided by the F94. . . Group or their subsidiaries in or in connection with that area, and as to the terms on which those services are to be provided; and any such agreement may include arrangements for the transfer between the parties thereto in such manner and on such terms (including payments by one of the parties to the other) as may be provided for by the agreement of specified property, rights or liabilities.

F96(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97

(4)[F97Subsection (2)] of this section shall not be construed as imposing, either directly or indirectly, on any of the authorities mentioned therein any form of duty or liability enforceable by proceedings before any court to which that authority would not otherwise be subject.]

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Extent Information

E7This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F91S. 24 repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

F92S. 24(1)(a) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F93Words in s. 24(2) commencing “In the case of any area" substituted (E.W.S.) for words commencing “Where any area" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 15

F94Words in s. 24(2) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F95In s. 24(2) the words "or of both that Company and that Group (as the case may be appropriate having regard to where that area is situated)" are expressed to be repealed (G.B.) (1. 4.1991) by S.I. 1991/510, reg. 5, Sch.

F96S. 24(3) repealed (G.B.) by Transport Act 1985 (c. 67, SIF 126), ss. 113(1), 139(3), Sch. 8; and by S.I. 1991/510, reg. 5, Sch., s. 24(3)(b)(d) is expressed to be repealed (G.B.) ( 1. 4.1991).

F97Words in s. 24(4) substituted (E.W.S.) for words “Subsections (2) and (3)" by Transport Act 1985 (c. 67, SIF 126), s. 113(2)

Modifications etc. (not altering text)

C33Power to exclude s. 24(2) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(2)

C35Power to repeal s. 24(2) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(7)(a)(8)

24 Establishment and general duties of Bus Company and Scottish Group.N.I.

(1)There shall be constituted in accordance with Schedule 1 to this Act—

(a)a public authority to be called the National Bus Company (hereafter in this Act referred to as “the Bus Company”); and

(b)a public authority to be called the Scottish Transport Group (hereafter in this Act referred to as “the Scottish Group”).

(2)[Where any area has been designated under section 9(1) of this Act, it shall be the duty—

(a)of the Executive for that area; and

(b)of the Bus Company, or of the Scottish Group, or of both that Company and that Group (as may be appropriate having regard to where that area is situated), either acting directly, or acting indirectly through subsidiaries of that Company or Group,

to co-operate with one another in the re-organisation of bus services within, to and from that area, and for that purpose to enter into agreements as to the services to be provided by the Company or Group or their subsidiaries in or in connection with that area, and as to the terms on which those services are to be provided; and any such agreement may include arrangements for the transfer between the parties thereto in such manner and on such terms (including payments by one of the parties to the other) as may be provided for by the agreement of specified property, rights or liabilities.

[(3)It shall be the duty respectively—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F784

(b)of the Bus Company and the Railways Board;

(c)of the Scottish Group and the Railways Board;

(d)of the Bus Company and the Scottish Group,

either directly, or indirectly through subsidiaries of theirs, to co-operate with one another in the exercise and performance of their respective functions for the purpose of co-ordinating the passenger transport services provided by, or by subsidiaries of, those authorities respectively and to afford to one another such information as to proposed changes in their services as may be reasonably required for that purpose.]]

(4)[Subsections (2) and (3) of this section shall not be construed as imposing, either directly or indirectly, on any of the authorities mentioned therein any form of duty or liability enforceable by proceedings before any court to which that authority would not otherwise be subject.]

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Extent Information

E30This version of this provision extends to Northern Ireland only; a separate version has been created for Great Britain only.

Amendments (Textual)

Modifications etc. (not altering text)

[F9825General powers of Bus Company.E+W+S+N.I.

Subject and without prejudice to the provisions of, or of any enactment applied by, sections 47 to 52 of this Act, the Bus Company shall have power—

(a)to carry passengers by road, whether in or outside England and Wales;

(b)to carry passengers by vessel or hovercraft where that carriage forms part of a passenger transport service which includes the carriage of passengers by road by the Company or a subsidiary of theirs or by some other person, whether or not as agent for the Company, in pursuance of an agreement with the Company;

(c)where any vehicle or vessel is used for the carriage of passengers in pursuance of paragraph (a) or (b) of this section, to carry also luggage or other goods in that vehicle or a trailer drawn thereby or in that vessel;

(d)to store goods which have been or are to be carried by the Company in pursuance of paragraph (c) of this section or by a subsidiary of the Company, 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;

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

(f)to carry on business as travel agents;

(g)to enter into and carry out agreements with any person engaged in the provision of transport services, by whatever form of transport, for co-ordinating the activities of that person with those of the Bus Company, and in particular for the provision of combined services for the through carriage of passengers or goods, whether by the same or partly by one and partly by another form of transport, for the quoting of through rates and for the pooling of receipts or expenses;

(h)to join with any person engaged as mentioned in paragraph (g) of this section in forming, promoting and assisting a company for carrying on any activities in connection with such combined services as are so mentioned which the Bus Company or that person have power to carry on;

(j)with the consent of the Minister, to carry on any activities which the Company would not apart from this paragraph have power to carry on but which a subsidiary of the Company was carrying on immediately before it became such a subsidiary.]

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Amendments (Textual)

F98S. 25 repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

[F9926 General powers of Scottish Group.E+W+S+N.I.

(1)Subject and without prejudice to the provisions of, or of any enactment applied by, sections 47 to 52 of this Act, the Scottish Group shall have power—

(a)to carry passengers by road, subway or water or by hovercraft, whether in or outside Scotland;

(b)to carry goods by road or water or by hovercraft within, or to or from any place situated within, the [F100Highland region, the islands areas of Orkney, Shetland and the Western Isles, the Argyll district and in the Cunninghame district the former burgh of Millport and the former districts of Arran and Cumbrae];

(c)where any vehicle or vessel is used for the carriage of passengers in pursuance of paragraph (a) of this subsection, to carry also luggage and other goods in that vehicle or a trailer drawn thereby or in that vessel;

(d)to consign goods on behalf of other persons;

(e)to store goods which have been or are to be carried by the Group or by a subsidiary of theirs and—

(i)so far as any premises provided by the Group 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;

(ii)with the consent of the Secretary of State to provide such facilities at any other premises;

(f)to carry on business as travel agents;

(g)to enter into and carry out agreements with any person engaged in the provision of transport services, by whatever form of transport, for co-ordinating the activities of that person with those of the Group, and in particular for the provision of combined services for the through carriage of passengers or goods, whether by the same or partly by one and partly by another form of transport, for the quoting of through rates, and for the pooling of receipts or expenses;

(h)to join with any person engaged as mentioned in paragraph (g) of this subsection in forming, promoting and assisting a company for carrying on any activities in connection with such combined services as are so mentioned which the Group or that person have power to carry on;

(j)either alone or together with any other person, to provide maintain and operate depots for the sorting of goods, with facilities for the reception, storage, weighing and handling of goods and for compliance with the requirements of the enactments relating to customs and excise;

(k)to let for hire any vehicle, vessel or other means of transport;

(l)to operate harbours;

(m)with the consent of the Secretary of State, to carry on any activities which the Group would not apart from this paragraph have power to carry on but which a subsidiary of the Group was carrying on immediately before it became such a subsidiary.

(2)The Scottish Group shall not be regarded as common carriers in respect of any of their activities concerned with the carriage of goods.]

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Amendments (Textual)

F99S. 26 repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

[F10127 Financial provisions with respect to Bus Company and Scottish Group.E+W+S+N.I.

(1)Subject and without prejudice to the provisions of section 41 of this Act, the following provisions of the Act of 1962, namely—

(a)section 18 (financial duty of Boards);

(b)section 19 (borrowing powers of Boards);

(c)section 20 (loans out of National Loans Fund);

(d)section 21 (Treasury guarantees);

(e)section 24 (accounts),

shall apply [F102to the Bus Company and] to the Scottish Group as they apply to the Boards, except that any reference in those sections to the Minister shall, in relation to the Scottish Group, be construed as a reference to the Secretary of State.

(2)[F103The Bus Company and] the Scottish Group shall [F103each] assume a commencing capital debt in accordance with the provisions of Schedule 2 to this Act.

(3)The aggregate amount outstanding in respect of—

(a)the principal of any money borrowed by [F104the Bus Company or, as the case may be,] the Scottish Group, under section 19 of the Act of 1962, and

(b)the commencing capital debt of that [F104Company or, as the case may be,]Group,

shall not exceed—

[F105(i)for the Bus Company, [F106the limit mentioned in subsection (4) of this section];]

(ii)for the Scottish Group, £50 million.

[F107F108(4)The limit referred to in subsection (3)(i) of this section is £250 million or such greater sum not exceeding £275 million as the Secretary of State may specify by order.

(5)No order shall be made under subsection (4) of this section unless a draft of the order has been laid before and approved by resolution of the House of Commons.]]]

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Amendments (Textual)

F101S. 27 repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

F102Words in s. 27(1) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F103Words in s. 27(2) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F104Words in s. 27(3) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F105S. 27(3)(i) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F108S. 27(4)(5) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

[F10928 Transfer to Bus Company or Scottish Group of certain securities, rights and liabilities.E+W+S+N.I.

[F110(1)On the appointed day for the purposes of this subsection—

(a)the securities of the bodies listed in Schedule 7 to this Act, so far as beneficially owned on that day by the Holding Company or by any wholly-owned subsidiary of that Company, and

(b)any rights or liabilities on that day of that Company or subsidiary regarding the securities of any of those bodies, and

(c)the right to any money owed on that day to that Company or subsidiary by any of those bodies, and

(d)the liability represented by any money owed on that day by that Company or subsidiary to any of those bodies, and

(e)any rights and liabilities on that day of that Company in connection with Tilling Association Limited, and

(f)any rights and liabilities of the Holding Company under any agreement such as is mentioned in paragraph 6 of Schedule 5 to the Act of 1962 so far as subsisting in England or Wales,

shall, subject to subsection (3) of this section, be transferred to, and by virtue of this Act vest in, the Bus Company.]

(2)On the appointed day for the purposes of this subsection—

(a)the securities of the following bodies, namely—

(i)David MacBrayne Limited; and

(ii)Scottish Bus Group Limited,

so far as beneficially owned on that day by the Holding Company or by any wholly-owned subsidiary of that Company, and

(b)the securities of the following body, namely, the Caledonian Steam Packet Company Limited, so far as beneficially owned on that day by the Railways Board, and

(c)any rights or liabilities on that day of the Holding Company or that subsidiary thereof or, as the case may be, of that Board regarding the securities of any of those bodies, and

(d)the right to any money owed on that day to the Holding Company or subsidiary or, as the case may be, to that Board by any of those bodies, and

(e)the liability represented by any money owed on that day by the Holding Company or subsidiary or, as the case may be, by that Board to any of those bodies, and

(f)any rights and liabilities of the Holding Company under any agreement such as is mentioned in paragraph 6 of Schedule 5 to the Act of 1962 so far as subsisting in Scotland,

shall, subject to subsection (3) of this section, be transferred to, and by virtue of this Act vest in, the Scottish Group.

(3)Where any of the securities referred to in subsection [F111(1) or] (2) of this section are beneficially owned as mentioned in that subsection but held by a nominee, that subsection shall operate only to transfer the beneficial interest in the securities; [F111and paragraphs (c) and (d) of the said subsection (1) and]paragraphs (d) and (e) of the said subsection (2) shall not apply to money owed in the ordinary course of trading.

(4)[F112The Minister may by order made not later than the appointed day for the purposes of subsection (1) of this section, and]the Minister and the Secretary of State acting jointly may by order made not later than the appointed day for the purposes of subsection (2) of this section, add to the said Schedule 7 or, as the case may be, to paragraph (a) or (b) of the said subsection (2), any body not for the time being listed therein if he is, or, as the case may be, they are, satisfied—

(a)that the activities of the body are similar to those of the bodies for the time being so listed, and

(b)that the Holding Company or a wholly-owned subsidiary thereof or, as the case may be, the Railways Board are for the time being the beneficial owners of any securities of that body.

(5)The rights and liabilities of the Holding Company under such agreements for the rendering of personal services by persons who immediately before the appointed day for the purposes of subsection (1) or, as the case may be, subsection (2) of this section, are employed by the Holding Company as may be determined in accordance with arrangements agreed [F113between the Holding Company and the Bus Company or, as the case may be, between the Holding Company and the Scottish Group, or, in default of such agreement, in accordance with such arrangements as [F113the Minister or, as the case may be,] the Minister and the Secretary of State acting jointly may direct, shall on that day be transferred to, and by virtue of this Act vest in, [F113the Bus Company or, as the case may be,] the Scottish Group.

(6)Paragraph 2(3) and (4) of Schedule 4 to this Act shall apply to any transfer under subsection (5) of this section, and paragraphs 7 to 13 of that Schedule shall apply to any transfer under that subsection or under subsection [F114(1) or] (2) of this section; and in the application of any provision of that Schedule by virtue of this subsection to a transfer under the said subsection (2) any reference in that provision to the Minister shall be construed as a reference to the Minister and the Secretary of State acting jointly.]]

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Amendments (Textual)

F109S. 28 repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

F110S. 28(1) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F111Words in s. 28(3) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F112Words in s. 28(4) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F113Words in s. 28(5) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F114Words in s. 28(6) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

[F11529 Transfer of certain property, rights and liabilities between Railways Board and Bus Company or Scottish Group.E+W+S+N.I.

(1)Before the appointed day for the purposes of the relevant transfer referred to in subsection (2) of this section, the Railways Board shall take steps to the satisfaction of the Minister to separate from the remainder of their undertaking the parts thereof concerned respectively—

(a)with the provision of road passenger transport services within or to and from the city of Sheffield, the county borough of Halifax, the county borough of Huddersfield or the borough of Todmorden; and

(b)with the provision of shipping services in Scotland by the Caledonian Steam Packet Company Limited, and with the provision by the Board of the ferry service to and from Kyle of Lochalsh and Kyleakin;

and the Board shall from time to time furnish the Minister with such information as he may require with respect to the property and interests which the Board propose to treat as included in each respectively of those parts of their undertaking, and the Minister may give directions to the Board as to the property, rights and liabilities to be so treated.

(2)Subject to subsection (3) of this section, on the relevant appointed day for the purposes of this subsection there shall be transferred to, and by virtue of this Act vest in, the [F116Bus Company and]the Scottish Group [F116respectively], all the property, rights and liabilities comprised in the part of the Railways Board’s undertaking referred to in paragraph (a) or, as the case may be, paragraph (b) of subsection (1) of this section.

(3)Schedule 4 to this Act shall apply to any transfer under subsection (2) of this section, and that subsection shall have effect subject to the provisions of that Schedule; and in the application of any provision of that Schedule to a transfer affecting the Scottish Group, any reference in that provision to the Minister shall be construed as a reference to the Minister and the Secretary of State acting jointly.

[F117(4)Notwithstanding anything in section 4 of the Act of 1962, [F117as from the appointed day for the purposes of the transfer under subsection (2) of this section to the Bus Company] the Railways Board shall not have power to carry passengers by road except as permitted by subsection (1)(a)(iii) of the said section 4.]

(5)Subject to subsection (6) of this section—

(a)the Scottish Group and the Railways Board acting jointly may as occasion seems to them to require it make schemes for the transfer from one to another of the following bodies, namely, that Group, that Board and any wholly-owned subsidiary of that Group or Board, of any specified property, rights or liabilities, or of all property, rights or liabilities comprised in a specified part of their undertaking, being property, rights and liabilities held or subsisting for the purposes of or in connection with, or, as the case may be, a part of their undertaking concerned with, a transport service by water (including such a service by means of a hovercraft) which carries passengers and operates regularly between two or more points at least one of which is in Scotland;

(b)the Minister and the Secretary of State acting jointly may by order make any such provisions as aforesaid with respect to any of the bodies aforesaid.

(6)Subsections (3) to (7) of section 7 of this Act shall apply to any scheme, and subsections (3) to (6) of section 8 of this Act shall apply to any order, under subsection (5) of this section as they apply to a scheme under [F118subsection (1)(b) of the said section 7 or, as the case may be, to an order under subsection (1)(b) of the said section 8 making any such provision as is mentioned in the said section 7(1)(b), but as if for the reference in subsection (6)(a) of the said section 8 to the Railways Board there were substituted a reference to the Scottish Group and the Railways Board].]

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Amendments (Textual)

F115S. 29 repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

F116In s. 29(2) by S.I. 1991/510, reg. 5, Sch it is provided that the words "Bus Company and" and the word "respectively" are repealed (G.B.) (1. 4. 1991).

F117S. 29(4) repealed (G.B.) by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8; and by S.I. 1991/510, reg. 5, Sch. the words in s. 29(4) from "as from" to "Bus Company" are expressed to be repealed (G.B.) (1. 4. 1991).

Relaxation of control over certain bus servicesE+W+S

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119E+W+S

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Amendments (Textual)

31 Abolition of special control over bus services provided by local authorities outside their areas.E+W+S

(1)So much of subsection (1) of section 101 of the M10Road Traffic Act 1930 as requires a local authority to obtain the consent of the appropriate traffic commissioners before running public service vehicles outside the district of the authority shall cease to have effect, and accordingly—

(a)in that subsection for the words from “on any road within their district”to the end shall be substituted the words “ on any road inside or outside their district ”; and

(b)section 102 of that Act (which contains procedural provisions with respect to consents under subsection (1) of the said section 101) shall cease to have effect.

(2)Any provision in a local Act or in any order under Part VI of the M11Local Government Act 1933, Part VI of the M12Local Government (Scotland) Act 1947, or Part II of the M13Local Government Act 1958—

(a)imposing any requirement corresponding to that which ceases to have effect by virtue of the foregoing subsection; or

(b)in relation to any such requirement, applying or making provision corresponding to the said section 102,

together with section 38(6) of the said Act of 1958 (which, in certain cases, requires orders under the said Part II to contain such provisions as aforesaid) shall cease to have effect.

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Marginal Citations

Assistance for bus and ferry servicesE+W+S+N.I.

32 New bus grants.E+W+S

(1)Subject to the provisions of this section, the Minister may, with the approval of the Treasury, make in such cases as he thinks fit a grant to any person operating public service vehicles in Great Britain towards approved capital expenditure incurred by that person in providing a new vehicle of a type approved for the purposes of this section by the Minister, being a vehicle which is provided for use by that person [F120wholly or mainly in the operation of bus services] in Great Britain and which first becomes available to that person for such use on or after such date, not being earlier than 1st September 1968, as the Minister may by order specify.

(2)In the foregoing subsection—

(a)the expression “approved capital expenditure” means expenditure appearing to the Minister to be of a capital nature and approved by him for the purposes of grant under this section;

(b)the expression “expenditure” in relation to the provision by a person of a vehicle includes—

(i)expenditure consisting of instalments under a hire-purchase agreement within the meaning of the M14Hire-Purchase Act 1965 or, as the case may be, the M15Hire-Purchase (Scotland) Act 1965, or otherwise consisting of instalments of or payments towards the purchase price of, or cost of providing, the vehicle; and

(ii)where the vehicle is provided by being manufactured or wholly or partly constructed by that person, such sum as appears to the Minister to be properly attributable to its provision by him in that manner;

(c)the expression “new” means unused and not second-hand.

[F121(d)bus service” has the same meaning as in section 92 of the M16Finance Act 1965].

(3)In making any grant under this section in respect of any vehicle the Minister shall impose such conditions for securing that the vehicle will be used as mentioned in subsection (1) of this section, and may impose such other conditions, as he thinks fit; and those conditions may include conditions for repayment in specified circumstances.

(4)Subject to subsection (5) of this section, the amount of any grant under this section shall be twenty-five per cent. of the approved capital expenditure in respect of which it is granted, and no amount by way of such a grant shall be paid in respect of a vehicle which first becomes available for such use as is mentioned in subsection (1) of this section after the date of the expiration of the period of seven years beginning with the date specified under the said subsection (1).

(5)The Minister may by order made with the consent of the Treasury—

(a)vary, as respects any vehicle first becoming available for such use as is mentioned in subsection (1) of this section on or after such date as may be specified in the order, the percentage specified in subsection (4) of this section; or

(b)amend the said subsection (4) by substituting for the date of the expiration of the period there mentioned such later date as may be specified in the order;

but no order shall be made under this subsection unless a draft thereof has been approved by resolution of each House of Parliament.

(6)The provisions of Schedule 8 to this Act shall have effect for the purpose of avoiding fraudulent applications for grant under this section and of securing the observance of any conditions attached to any such grant.

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Amendments (Textual)

Marginal Citations

[F12233

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F124

(3)So much of subsection (9) of the said section 92 as enables the Parliament of Northern Ireland to make laws for purposes similar to the purposes of the provisions of that section shall apply to those provisions as amended by subsection (1) of this section.]

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Amendments (Textual)

F122S. 33 repealed (1.2.2001 (E.) and 14.8.2002 (W.) and otherwiseprosp.) by 2000 c. 38, ss. 274, 275(1), Sch. 31 Pt. II; S.I. 2001/57, art. 3, Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II); S.I. 2002/2024, art. 2

Modifications etc. (not altering text)

C36The text of s. 33(3), which is spent, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

34 Assistance for rural bus or ferry services.E+W

(1)Any of the following councils, namely the council or any county,. . . F125 or [F126district] in England or Wales, any county, town or district council in Scotland, and the Council of the Isles of Scilly, or any two or more of those councils acting jointly, may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any. . . F127 ferry service if in the opinion of the council or councils in question that service is or will be for the benefit of persons residing in rural areas.

[F128(1A)The Council of the Isles of Scilly may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any bus service if in the opinion of that Council that service is or will be for the benefit of persons residing in rural areas.]

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129

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Extent Information

E8This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

[F78534 Assistance for rural bus or ferry service.S

(1)A regional, islands or district council or any two or more of those councils acting jointly, may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any bus service if in the opinion of the council or councils in question that service is or will be for the benefit of persons residing in rural areas.

(2)A [F786council or two or more councils acting jointly], may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any ferry service if in the opinion of the council or councils in question that service is or will be for the benefit of persons residing in rural areas.

(3)The Secretary of State may, with the approval of the Treasury, make grants in such cases and subject to such conditions as he thinks fit to [F787a council] in respect of expenditure incurred by that council in making grants under subsection (1) or (2) above, and any grant under this subsection in respect of expenditure in connection with a bus service shall be of an amount equal to half the expenditure in respect of which the grant is made.

(4)The Secretary of State may, with the approval of the Treasury make grants in such cases and subject to such conditions as he thinks fit to [F788a council] in respect of expenditure incurred by [F788that] council in providing a ferry service which in the opinion of the council is or will be for the benefit of persons residing in rural areas.]

[F789(5)In this section “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.]

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Extent Information

E31This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

Modifications etc. (not altering text)

Further provision relating to public service vehiclesE+W+S

35

(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131

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Amendments (Textual)

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132E+W+S

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Amendments (Textual)

37 Power for local authorities to acquire or dispose of public service vehicle undertakings.E+W+S

(1)Without prejudice to any powers apart from this section, any local authority within the meaning of Part V of the Road Traffic Act 1930 who, under powers conferred by section 101(1) of that Act or by any local Act or order, are running public service vehicles may,. . . F133

(a)acquire by agreement the whole or any part of a public service vehicle undertaking carried on by any other person; or

(b)dispose of the whole or any part of the authority’s public service vehicle undertaking to any other person, whether by purchase or sale, by lease, or by exchange or, in Scotland, excambion.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134

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Amendments (Textual)

Part IVE+W+S+N.I. Further Provisions as to Boards, New Authorities and Transport Services

Railways BoardE+W+S+N.I.

38 Composition of Railways Board and removal of requirement for regional boards.E+W+S+N.I.

(1)In section 1(3) of the Act of 1962 (which relates to the composition of the Railways Board) for the words “shall consist of a chairman, a vice chairman, or two vice chairmen, and not more than sixteen nor less than ten other members" there shall be substituted the words “ shall consist of a chairman and not more than fifteen nor less than nine other members ”.

(2)The Minister may from time to time, if after consultation with the chairman of the said Board he thinks fit so to do, appoint one or more members of the Board to be deputy chairman or deputy chairmen, or vice chairman or vice chairmen, of the Board.

(3)A person appointed as deputy chairman or vice chairman of the said Board shall not by reason only of ceasing to be deputy chairman or vice chairman cease to be a member of the Board.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

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Amendments (Textual)

Modifications etc. (not altering text)

C37The text of ss. 38(1), 41(8)(9), 44(4), 46(5), 50(10), 51(3), 52(4), 94(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C38The “said Board" means the Railways Board

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136E+W+S

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Amendments (Textual)

F13740. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Additional financial provisions with respect to Boards and new authoritiesE+W+S+N.I.

41 Financial provisions as to Boards and new authorities.E+W+S+N.I.

(1)This section applies to the following authorities, namely, the Boards and the new authorities.

(2)It shall be the duty of each of the authorities to whom this section applies so to perform their functions under the Act of 1962 or this Act as to secure that combined revenues of the authority and of their subsidiaries taken together are not less than sufficient to meet their combined charges properly chargeable to revenue account, taking one year with another.

(3)Each of the authorities to whom this section applies shall secure that their subsidiaries charge to revenue account in every year all charges which are proper to be made to revenue account, including, in particular, proper provision for the depreciation or renewal of assets.

(4)Notwithstanding anything in paragraph (a) of the proviso to section 18(4) of the Act of 1962, the purposes for which the moneys comprised in the general reserve of any of the authorities to whom this section applies may be applied shall include the purposes of any subsidiary of theirs.

(5)Subsection (1) of section 18 of the Act of 1962 shall cease to have effect, and references to that subsection in the Act of 1962 shall be construed as references to subsection (2) of this section.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F138

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139

(8)In section 22 of the Act of 1962 as amended by the Transport Finances Act 1966, subsections (2) and (3) (which relate to deficits on revenue account of the Railways Board or the London Board) and subsection (6) (which temporarily relieves those Boards of the obligation to establish a general reserve) shall cease to have effect.

F140(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)For the purposes of subsections (2) and (3) of this section, the provisions of section 51(5) of this Act shall be disregarded.

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Amendments (Textual)

F140S. 41(9) omitted (01.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch., para. 21(3).

Modifications etc. (not altering text)

C40The text of ss. 38(1), 41(8), 44(4), 46(5), 50(10), 51(3), 52(4), 94(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

42 Additional financial provisions as to Railways Board.E+W+S+N.I.

(1)This section applies to the Railways Board.

(2)On 1st January 1969 there shall be extinguished—

(a)the part of the commencing capital debt of the Board under section 39 of the Act of 1962 which under section 40 of that Act constitutes the suspended debt of the Board on that date; and

(b)subject to subsection (3) of this section, such further part of the commencing capital debt of the Board as is required to be extinguished in order to reduce the commencing capital debt of the Board outstanding on that date to £300 million.

F141(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F142(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F142(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)As from 1st January 1969, the aggregate amount outstanding in respect of—

(a)the principal of any money borrowed by the Board under section 19 of the Act of 1962; and

F143(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F144(c) the principal of any money borrowed by wholly owned subsidiaries of the Board under that section in its application by virtue of section 110 of the Railways Act 1993,]

[F145shall not exceed £3,000 million or such greater sum not exceeding £5,000 million as the Secretary of State] may from time to time by order specify; but no order shall be made under this subsection unless a draft thereof has been approved by a resolution of the Commons House of Parliament.

(7)The Board shall as soon as practicable after 1st January 1969 adjust their accounts so that the total net book value of their capital assets does not exceed the aggregate of the amount specified in subsection (2)(b) of this section and their other liabilities.

(8)If in any accounting year of the Board there is an excess of the revenue of the Board over the total sums properly chargeable by them to revenue, the Minister may, with the approval of the Treasury, require that excess, so far as it appears to him, after consultation with the Board, to be surplus to the requirements of the Board, to be paid over to the Minister, who shall pay it into the Consolidated Fund.

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Amendments (Textual)

43 Additional financial provisions as to Waterways Board.E+W+S+N.I.

(1)This section applies to the Waterways Board.

(2)The Minister or any other Minister of the Crown may, with the approval of the Treasury, from time to time make grants to the Board.

[F146(2A)The Scottish Ministers may from time to time make grants to the Board.]

(3)On 1st January 1969—

(a)without prejudice to any further adjustment under section 53(5) of this Act, there shall be extinguished such part of the commencing capital debt of the Board under section 39 of the Act of 1962 as is required to be extinguished in order to reduce the commencing capital debt of the Board outstanding on that date to £3,750,000;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

(5)[F149Subject to subsection (6) below,] if in any accounting year of the Board there is an excess of the revenue of the Board over the total sums properly chargeable by them to revenue, the Minister may, with the approval of the Treasury, require that excess, so far as it appears to him, after consultation with the Board, to be surplus to the requirements of the Board, to be paid over to the Minister, who shall pay it into the Consolidated Fund.

[F150(6)Where an excess under subsection (5) of this section arises in relation to the activities of the Board in Scotland, the Scottish Ministers may require that excess, so far as it appears to them, after consultation with the Board, to be surplus to the requirements of the Board, to be paid over to the Scottish Ministers.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F149Words in s. 43(5) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(3) (with art. 4)

44 Account by Minister of receipt and disposal of certain sums.E+W+S+N.I.

(1)The Minister shall, as respects each financial year, prepare in such form and manner as the Treasury may direct an account of, and of the disposal by him of, the following sums, namely—

(a)any sums issued to the Minister by the Treasury out of the National Loans Fund under section 20(3) of the Act of 1962 for the purpose of making loans—

(i)under section 20(1) of that Act to any of the Boards; or

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F151

[F152(iii)under the said section 20(1) as applied by section. . . F153 27(1) of this Act to. . . F153 the Bus Company;]

(b)any sums which, being received by the Minister—

(i)by way of interest on, or the repayment of, any such loan as aforesaid; or

(ii)by way of interest on, or the repayment of, the commencing capital debt under section 39 of that Act of any of the Boards. . . F154; or

[F155(iii)by way of interest on, or the repayment of, the commencing capital debt of. . . F153 the Bus Company under Schedule 2 to this Act; or]

(iv)in respect of any surplus of. . . F154 the Railways Board or the Waterways Board,

are required by section 20(5),. . . F154 or 39(8) of the Act of 1962, by section 42(8) or 43(5) of this Act, by the said section 20(5) as applied by the said section. . . F154,. . . F153 or 27(1), or by the said section 39(8) as applied by paragraph 1 of the said Schedule 2 to be paid by the Minister into the National Loans Fund or the Consolidated Fund, as the case may be.

[F156(2)The Secretary of State shall, as respects each financial year, prepare in such form and manner as the Treasury may direct an account of, and of the disposal by him of, the following sums, namely—

(a)any sums issued to the Secretary of State by the Treasury out of the National Loans Fund under section 20(3) of the Act of 1962 for the purpose of making loans to the Scottish Group under section 20(1) of that Act as applied by section 27(1) of this Act;

(b)any sums which, being received by the Secretary of State—

(i)by way of interest on, or the repayment of, any such loan as aforesaid; or

(ii)by way of interest on, or the repayment of, the commencing capital debt of the Scottish Group under Schedule 2 to this Act,

are required by section 20(5) of the Act of 1962 as applied by the said section 27(1), or by section 39(8) of the Act of 1962 as applied by paragraph 1 of the said Schedule 2, to be paid by the Secretary of State into the National Loans Fund.]

(3)The Minister and the Secretary of State shall each send every account prepared by him under subsection (1) or (2) of this section to the Comptroller and Auditor-General not later than the end of November following the year to which the account relates; and the Comptroller and Auditor-General shall examine, certify and report on the account and lay copies of it, together with his report, before each House of Parliament.

(4)In consequence of the foregoing provisions of this section—

(a)in section 20 of the Act of 1962, subsection (6) (which makes provision corresponding to this section in respect of certain of the sums aforesaid) shall cease to have effect; and

(b)in section 29(12) of that Act (which applies subsections (2) to (6) of the said section 29) for the words “subsections (2) to (6)" there shall be substituted the words “ subsections (2)(5) ”.

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Amendments (Textual)

F151S. 44(1)(a)(ii) repealed by S.I. 1973/338, Sch. 2

F152S. 44(1)(a)(iii) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F154Words repealed by S.I. 1973/338, Sch. 2

F155S. 44(1)(b)(iii) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F156S. 44(2)(a)(b) repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

Modifications etc. (not altering text)

C41The text of ss. 38(1), 41(8)(9), 44(4), 46(5), 50(10), 51(3), 52(4), 94(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Additional duties of Boards and new authoritiesE+W+S+N.I.

F15745 Duty of Freight Corporation and Railways Board to review organisation.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

46 Duty of Boards and new authorities to promote research and development.E+W+S+N.I.

(1)This section applies to the following authorities namely, the Boards and the new authorities.

(2)It shall be incumbent on each of the authorities to whom this section applies to take such steps as appear to them to be practicable and desirable for promoting—

(a)research on lines settled from time to time with the approval of the Minister [F158or, in the case of the Waterways Board, in respect of their functions in Scotland, the Scottish Ministers] into matters affecting, or arising out of, the exercise of the functions of that authority or of any subsidiary of that authority; and

(b)the doing of such work as is requisite to enable—

(i)the results of any research into any such matter as aforesaid (whether or not promoted by that authority); and

(ii)anything resulting from any idea affecting, or arising out of, the exercise of any of those functions,

to be turned to account;

but nothing in this subsection shall be construed as imposing upon that authority, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which that authority would not otherwise be subject.

(3)An authority to whom this section applies may take such steps as aforesaid with respect to any matter either by themselves carrying out the necessary research or doing the necessary work or by arranging for that research to be carried out or that work to be done by some other person with or without assistance (including financial assistance) from that authority; but nothing in this section shall authorise any such authority to do themselves, either directly or through a subsidiary, any work such as is mentioned in subsection (2)(b) of this section which the authority would not have power to do apart from this section.

(4)In the application of this section to the Scottish Group, the reference to the Minister shall be construed as a reference to the Secretary of State.

(5)In section 27(3) of the Act of 1962 for the words “education and research”there shall be substituted the words “ and education ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C42The text of ss. 38(1), 41(8)(9), 44(4), 46(5), 50(10), 51(3), 52(4), 94(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Additional powers of Boards and new authoritiesE+W+S+N.I.

47 Extension to new authorities of certain functions of Boards.E+W+S+N.I.

(1)Without prejudice to the provisions of sections 48 to 52 of this Act, but subject to the provisions of this section—

(a)the following provisions of the Act of 1962 (which confer certain powers on the Boards), that is to say—

(i)section 11 (development of land);

(ii)section 12 (pipe-lines);

(iii)section 13 (powers of manufacture and production) other than subsection (2) thereof;

(iv)section 14 (supplementary powers);

(v)section 15 (compulsory purchase of land);

(vi)section 16 (working agreements involving the delegation of special statutory powers);

(vii)section 17 (power to promote and oppose Bills);

(viii)section 43(1) to (3) (power to make charges for services and facilities); and

(b)section 25 of the Act of 1962 (which relates to subsidiaries of the Boards),

shall have effect as if each of the new authorities were one of the Boards.

(2)In relation to [F159the Bus Company and] the Scottish Group, subsection (1)(a) of this section shall have effect as if sub-paragraphs (ii) and (v) thereof were omitted.

(3)In the application of sections 11, 13, 14, 17 and 25 of the Act of 1962 to the Scottish Group any reference to the Minister shall be construed as a reference to the Secretary of State.

(4)The reference in subsection (1) of section 16 of the Act of 1962 to a working agreement to which that section applies shall include a reference to any arrangements such as are mentioned in section 50(9) of this Act.

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Amendments (Textual)

F159Words in s. 47(2) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

48 Manufacture, repair and supply.E+W+S+N.I.

(1)This section applies to the following authorities, namely, the Boards and the new authorities, [F160but in its application to the Scottish Group any reference to the Minister shall be construed as a reference to the Secretary of State].

[F161(1A)In the application of this section to the Waterways Board in connection with any activity in Scotland, any reference to the Minister shall be construed as a reference to the Scottish Ministers and, in subsection (6) the words “and with the approval of the Treasury” shall be omitted.]

(2)Each of the authorities to whom this section applies shall have power—

(a)to manufacture for sale to outside persons (that is to say, to persons other than an authority to whom this section applies or a subsidiary of such an authority), and to repair for outside persons, anything which the authority consider can advantageously be so manufactured or, as the case may be, repaired by the authority by reason of the fact that the authority or a subsidiary of theirs have materials or facilities for, or skill in, the manufacture or repair of that thing connection with some existing activity of that authority or subsidiary;

(b)to sell to outside persons, and for that purpose to purchase, anything which is of a kind which the authority or a subsidiary of theirs purchase in the course of some existing activity of that authority or subsidiary;

(c)at any place where the authority, in the exercise of their powers under section 14(1)(d) of the Act of 1962, provide a car park, to repair motor vehicles for outside persons, and to sell to outside persons petrol, oil and spare parts and accessories for motor vehicles, and for that purpose to purchase any of those things, whether or not those persons are using the car park;

and the Waterways Board shall have power to sell goods of any description to outside persons, whether or not persons using their waterways, at any place where persons using those waterways may require facilities for the purchase of those goods, and for that purpose to purchase any such goods; and in paragraph (a) or (b) of this subsection the expression “existing activity” means, in relation to any activity at any time undertaken by virtue of that paragraph, any other activity already carried on at that time, including any such activity carried on by virtue of any provision of this section other than paragraph (c) of this subsection and other than the provisions of this subsection relating only to the Waterways Board.

(3)An authority to whom this section applies shall not engage in any activity authorised by subsection (2) of this section, and shall exercise their control over any subsidiary of theirs so as to ensure that the subsidiary does not engage in any such activity, unless the authority are satisfied that they or the subsidiary can do so without detriment to the duties imposed on the authority by the Act of 1962 or this Act.

(4)Each of the authorities to whom this section applies shall from time to time submit to the Minister for his approval proposals as to the manner in which any activities authorised by subsection (2) of this section or any activities of manufacture authorised by section 13 of the Act of 1962 are to be carried on by them or any subsidiary of theirs, and shall carry on, or, as the case may be, exercise their control over that subsidiary so as to ensure that the subsidiary carries on, those activities in accordance with the Minister’s approval, and the Minister may—

(a)in approving any proposals, approve them subject to such modifications or subject to compliance with such conditions as he thinks fit; and

(b)at any time, after consultation with the authority, direct the authority to discontinue or, as the case may be, to exercise their control over any of their subsidiaries so as to require the subsidiary to discontinue, any of the activities which the authority or subsidiary are carrying on in accordance with the Minister’s approval.

(5)The Minister shall publish, in such manner as he thinks fit, any proposals approved by him under subsection (4) of this section, and shall send copies of those proposals to the Confederation of British Industry and the Trades Union Congress.

(6)Each authority to whom this section applies shall include in the report in respect of any year required to be submitted by them under section 27(8) of the Act of 1962 such particulars as the Minister may, after consultation with the authority and with the approval of the Treasury, direct with respect to all or any of the activities authorised by subsection (2) of this section or the activities of manufacture authorised by section 13 of the Act of 1962 which have been carried on in that year by the authority or any of their subsidiaries.

(7)The foregoing provisions of this section shall have effect notwithstanding subsection (1) of section 13 of the Act of 1962 (so far as it confines any authority’s powers of manufacture, purchase and repair to those conferred by that section), and in that section—

  • subsection (2) (which relates to the powers of the Waterways Board to manufacture for sale and to repair plant and equipment of a kind ordinarily made for use in connection with the operation of an inland waterway);

  • subsection (3) (which is superseded by the provisions of subsection (4) of this section) except as respects proposals approved thereunder before the appointed day for the purposes of this section;

  • subsection (5) (which restricts the power of the Boards to manufacture road vehicles, bodies or chassis for road vehicles or major components of road vehicles);

  • subsection (6) (which restricts the power of the Boards to purchase or trade in road vehicles or in spare parts, accessories, petrol or oil for such vehicles and from engaging in the maintenance or repair of such vehicles, spare parts or accessories); and

  • subsection (7) (which restricts the power of the Boards to engage in shipbuilding),

shall cease to have effect.

(8)Section 29(7) of the Act of 1962 (which relates to manufacture or production by subsidiaries of the Holding Company) shall have effect as if each of the new authorities were one of the Boards.

(9)In this section references to manufacture include references to construction and production, references to repair include references to maintenance, and references to selling or purchasing include references to supplying, or, as the case may be, obtaining, by exchange, hire or hire-purchase.

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Amendments (Textual)

F160Words in s. 48(1) repealed (S.) (7.6.2002) by virtue of S.S.I. 2002/263, art. 5(2), Sch.

Modifications etc. (not altering text)

C45Part of the text of s. 48(7), s. 49(1) and s. 50(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

49 Powers with respect to land.E+W+S

(1)Where a Board or a new authority propose under section 11 of the Act of 1962 to develop any of their land for use otherwise than for the purposes of their business, the Minister may give his consent under subsection (4) of that section to the acquisition by that Board or authority by agreement of adjoining land for the purpose of developing it with the other land whether or not it appears to him that the other land cannot be satisfactorily developed unless the adjoining land is so acquired;and accordingly, in the said subsection (4), the words from “but the Minister" to “by the Board" (which preclude the Minister from giving his consent unless it so appears to him) shall cease to have effect.

(2)A Board or new authority may exercise the power conferred by the said subsection (4) without the consent of the Minister in any case where the Minister has under subsection (3) of the said section 11 consented to the incurring by that Board or new authority of a substantial item of expenditure in developing land as aforesaid which includes expenditure proposed to be incurred in that exercise of that power.

(3)Notwithstanding anything in the said subsection (4), where a Board or new authority propose to dispose of any of their land they shall have power to acquire by agreement adjoining land for the purpose of disposing of it together with the other land; but the Board or new authority shall not incur any substantial item of expenditure under this subsection without the consent of the Minister, and the Minister may from time to time give directions to the Boards and the new authorities indicating what is to be treated for the purposes of this subsection as a substantial item of expenditure.

(4)Notwithstanding anything in the said subsection (4), the Railways Board and the Waterways Board shall each have power with the consent of the Minister to acquire land by agreement with a view to its development, whether by that Board or by some other person, for use otherwise than for the purposes of their business if that land—

(a)in the case of the Railways Board adjoins other land of that Board; or

[F162(b)in the case of the Waterways Board adjoins or is situated in the vicinity of any inland waterway comprised in the undertaking of that Board,]

and the Minister is satisfied that the land acquired will be so connected by rail or so situated in relation to a railway line or, as the case may be, will be so connected by waterway to, or is so situated in relation to, [F163that waterway] that the rail services of the Railways Board F164. . . can be directly used [F165or, as the case may be, the waterway can be conveniently used] by the person for the time being occupying the land proposed to be acquired.

[F166(4A)In the application of this section to the development of their land in Scotland by the Waterways Board, any reference to the Minister shall be construed as a reference to the Scottish Ministers.]

(5)In the application of subsections (1) to (3) of this section to the Scottish Group, any reference therein to the Minister shall be construed as a reference to the Secretary of State.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F167

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Extent Information

E9This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F162S. 49(4)(b) substituted (16.1.1995) by 1995 c. i, s. 23(a) (with s. 34)

F163Words in s. 49(4) substituted (16.1.1995) by 1995 c. i, s. 23(b) (with s. 34)

F164Words in s. 49(4) omitted (16.1.1995) by virtue of 1995 c. i, s. 23(c) (with s. 34)

F165Words in s. 49(4) inserted (16.1.1995) by 1995 c. i, s. 23(d) (with s. 34)

Modifications etc. (not altering text)

C46S. 49 restricted (E.W.S.) (1.1.1993) by S.I. 1992/3060, reg. 4(2).

C47Part of the text of s. 48(7), s. 49(1) and s. 50(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

49 Powers with respect to land.N.I.

(1)Where a Board or a new authority propose under section 11 of the Act of 1962 to develop any of their land for use otherwise than for the purposes of their business, the Minister may give his consent under subsection (4) of that section to the acquisition by that Board or authority by agreement of adjoining land for the purpose of developing it with the other land whether or not it appears to him that the other land cannot be satisfactorily developed unless the adjoining land is so acquired;and accordingly, in the said subsection (4), the words from “but the Minister" to “by the Board" (which preclude the Minister from giving his consent unless it so appears to him) shall cease to have effect.

(2)A Board or new authority may exercise the power conferred by the said subsection (4) without the consent of the Minister in any case where the Minister has under subsection (3) of the said section 11 consented to the incurring by that Board or new authority of a substantial item of expenditure in developing land as aforesaid which includes expenditure proposed to be incurred in that exercise of that power.

(3)Notwithstanding anything in the said subsection (4), where a Board or new authority propose to dispose of any of their land they shall have power to acquire by agreement adjoining land for the purpose of disposing of it together with the other land; but the Board or new authority shall not incur any substantial item of expenditure under this subsection without the consent of the Minister, and the Minister may from time to time give directions to the Boards and the new authorities indicating what is to be treated for the purposes of this subsection as a substantial item of expenditure.

(4)Notwithstanding anything in the said subsection (4), the Railways Board and the Waterways Board shall each have power with the consent of the Minister to acquire land by agreement with a view to its development, whether by that Board or by some other person, for use otherwise than for the purposes of their business if that land—

(a)in the case of the Railways Board adjoins other land of that Board; or

(b)in the case of the Waterways Board adjoins any of the commercial or cruising waterways of the Board within the meaning of section 104 of this Act,

and the Minister is satisfied that the land acquired will be so connected by rail or so situated in relation to a railway line or, as the case may be, will be so connected by waterway to, or is so situated in relation to, that commercial or cruising waterway that the rail services of the Railways Board or, as the case may be, the waterway services of the Waterways Board can be directly used by the person for the time being occupying the land proposed to be acquired.

[F790(4A)In the application of this section to the development of their land in Scotland by the Waterways Board, any reference to the Minister shall be construed as a reference to the Scottish Ministers.]

(5)In the application of subsections (1) to (3) of this section to the Scottish Group, any reference therein to the Minister shall be construed as a reference to the Secretary of State.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F791

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Extent Information

E32This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only

Amendments (Textual)

Modifications etc. (not altering text)

C175Part of the text of s. 48(7), s. 49(1) and s. 50(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

50 Miscellaneous provisions as to powers.E+W+S+N.I.

(1)In addition to their power under the provisions of sections 3(3)(e), 9(2)(c) or 10(3)(f) of the Act of 1962 to store certain goods and to use certain premises to provide facilities for the storage of other goods, the Railways Board,. . . F168 and Waterways Board shall each have power, with the consent of the Minister [F169or, in the case of the Waterways Board, in connection with the exercise of their functions in Scotland, the Scottish Ministers], to provide such facilities at any other premises; and the said section 3(3)(e) shall apply to goods which have been or are to be carried by a subsidiary of the Railways Board as it applies to goods which have been or are to be carried by that Board.

F170(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Waterways Board, [F171the Bus Company] and [F172the Scottish Group] shall each have power to provide and manage hotels in places where those using the inland waterways owned or managed by the Waterways Board or, as the case may be, the transport services provided by [F171the Bus Company] or [F172Scottish Group] may require them, for use both by those and other persons.

(4)[F173In subsection (3) of this section the reference to hotels includes a reference] to any other form of residential accommodation or facilities, including caravan and camping sites, for travellers or persons on holiday; and the said subsection (3) shall be without prejudice to the powers of the Waterways Board, [F174the Bus Company] or [F172the Scottish Group] under section 14(1)(d) of the Act of 1962 to provide amenities and facilities for persons for whom they do not provide residential accommodation or facilities.

(5)In addition to the powers of the Waterways Board to provide the transport services by road authorised by section 10(3)(c) of the Act of 1962 (carriage of goods which have been or are to be carried by the Board by inland waterway and carriage of goods where the use of an inland waterway owned or managed by the Board has been temporarily interrupted), that Board shall have power, with the consent of the Minister [F175or, in the case of the Waterways Board, in connection with the exercise of their functions in Scotland, the Scottish Ministers], to provide other transport services by road for the carriage of goods and to carry goods by those services.

(6)Without prejudice to the powers of the Waterways Board apart from this subsection, that Board shall have power to provide services and facilities for the use for amenity or recreational purposes (including fishing) of the inland waterways and reservoirs owned or managed by them.

(7)Each of the Boards and new authorities shall have power to provide for any person technical advice or assistance, including research services, as respects any matter in which the Board or new authority have skill or experience.

(8)Without prejudice to their powers apart from this subsection, each of the Boards and the new authorities shall have power to form, promote and assist, or join with any other person in forming, promoting and assisting, a company for carrying on any activities which that Board or new authority have power to carry on.

(9)Where a company for carrying on any activities which any of the Boards or new authorities have power to carry on has been formed in the exercise of the powers conferred by subsection (8) of this section by that Board or new authority, whether alone or jointly with some other person, or where in the exercise of their powers under paragraph (a) of section 14(1) of the Act of 1962 any of the Boards or new authorities have entered into an agreement with any person for the carrying on by that person, whether as agent for that Board or new authority or otherwise, of any of the activities which that Board or new authority may themselves carry on, then, without prejudice to their powers under paragraph (b) of the said section 14(1), that Board or new authority may, with the consent of the Minister [F176or, in the case of the Waterways Board, in connection with the exercise of their functions in Scotland, the Scottish Ministers][F177, or, in the case of the Scottish Group, with the consent of the Secretary of State], enter into arrangements with that company or person for the transfer from that Board or new authority to that company or person, in such manner and on such terms (including payments by any of the parties to the arrangements to any other of them) as may be provided for by the arrangements, of any property, rights or liabilities of that Board or new authority relevant to the carrying on of those activities.

(10)In section 43(3) of the Act of 1962, after the word “recover" there shall be inserted the words “ or waive ”.

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Amendments (Textual)

F169Words in s. 50(1) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(8) (with art. 4)

F171Words in s. 50(3) repealed (E.W.S.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F172S. 50(3)(4): “The Scottish Group" repealed (S.) (7.6.2002) by virtue of S.S.I. 2002/263, art. 5(2), Sch.

F174Words in s. 50(4) repealed (E.W.S.) (1. 4. 1991) by S.I. 1991/510, reg. 5, Sch.

F175Words in s. 50(5) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(9) (with art. 4)

F177Words in s. 50(9) repealed (S.) (7.6.2002) by virtue of S.S.I. 2002/263, art. 5(2), Sch.

Modifications etc. (not altering text)

C48S. 50(1)(2) restricted (E.W.S) (1.1.1993) by S.I. 1992/3060, reg. 4(2).

51 Subsidiaries and joint subsidiaries.E+W+S+N.I.

(1)This section applies to the following authorities, namely, the Boards and the new authorities.

(2)For the purposes of paragraphs (d), (f), (g) and (h) of section 14(1) of the Act of 1962, services and facilities provided by, persons employed by, or equipment of, a subsidiary of an authority to whom this section applies, and, for the purposes of section 15(1) of that Act, land required for the purposes of the business of a wholly-owned subsidiary of such an authority, shall be deemed to be services and facilities provided by, persons employed by, equipment of, or land required for the purposes of the business of, that authority; and section 43(1) to (3) of the Act of 1962 shall apply to any subsidiary of an authority to whom this section applies as they apply to that authority.

(3)In section 27(1) of the Act of 1962 (which empowers the Minister or, as the case may be, the Secretary of State to give directions of a general character as to the exercise and performance by any authority to whom this section applies of their functions in relation to matters which appear to him to affect the national interest) after the word “functions”there shall be inserted the words “ (including the exercise of rights conferred by the holding of interests in companies) ”.

(4)A wholly-owned subsidiary of an authority to whom this section applies shall not be regarded as a common carrier when carrying on any activity which that authority have power to carry on and in carrying on which that authority are not to be so regarded.

(5)Where a company of which two or more authorities to whom this section applies are members would, if those authorities were a single body corporate, be a wholly-owned subsidiary of that body corporate, then, whether or not that company is apart from this subsection a subsidiary of one of those authorities, that company shall be deemed for the purposes of the Act of 1962 and of the provisions other than [F178Part VI] of this Act to be a wholly-owned subsidiary of each of those authorities; and any such company is hereafter in this section referred to in relation to each of those authorities as a “joint subsidiary” of that authority.

(6)In the case of a joint subsidiary, section 25(1) of the Act of 1962 shall not apply but it shall be the joint duty of both or all the authorities of which it is a joint subsidiary to exercise their control over the subsidiary so as to ensure that the subsidiary—

(a)does not engage in activities in which none of those authorities have power to engage (including activities in which none of those authorities have power to engage because the consent of the Minister [F179or, as the case may be, the Scottish Ministers] has not been obtained), and

(b)does not do anything which the Minister has [F180or, as the case may be, the Scottish Ministers have] directed any of those authorities not to do, and

(c)does not, except with the consent of the Minister [F181or, as the case may be, the Scottish Ministers], borrow money from any person other than those authorities, and

(d)does not, except with the consent of the Minister [F182or, as the case may be, the Scottish Ministers], raise money by the issue of shares or stock to any person other than those authorities;

and the Minister [F183or, as the case may be, the Scottish Ministers] may give to those authorities such directions as appear to him [F183or, as the case may be, to them]appropriate for ensuring that they carry out the duty imposed on them by this subsection.

[F184(7)In the application of subsection (6) of this section to a joint subsidiary of the Scottish Group, any reference in that subsection to the Minister shall be construed as including a reference to the Secretary of State.]

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Amendments (Textual)

F178Words in s. 51(5) substituted (1.1.1996) by 1995 c. 23, s. 60(1), Sch. 7 para. 3 (with ss. 54, 55); S.I. 1995/2181, art. 2

F184S. 51(7) repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

Modifications etc. (not altering text)

C51The text of ss. 38(1), 41(8)(9), 44(4), 46(5), 50(10), 51(3), 52(4), 94(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

52 Supplementary and miscellaneous provisions. E+W+S+N.I.

(1)Section 14(6) of the Act of 1962 (which provides that the powers conferred by the foregoing provisions of that Act are cumulative and that those provisions relate only to the capacity as a statutory corporation of any authority on whom those powers are conferred and that nothing in those provisions shall be construed as authorising the disregard by any such authority of any enactment or rule of law) shall apply to any powers conferred on any Board or new authority by any provision of this Act and to the provision of this Act conferring that power as it applies to the powers and provisions mentioned in the said section 14(6).

(2)For the purposes of section 15 of the Act of 1962 (which confers on the Boards. . . F185 powers of compulsory purchase for the purpose of their business) activities carried on by any of the Boards. . . F185 by virtue of section 48 or subsections (1) to (7) of section 50 of this Act shall be deemed not to form part of the business of the Board. . . F185.

(3)Sections 27, 28 and 89 of the Act of 1962 (which relate respectively to the powers of the Minister to give directions to the Boards, to powers exercisable subject to the Minister’s consent, and to the duty to give effect to the Minister’s directions) shall apply to each of the new authorities as if they were one of the Boards [F186 and, in their application to the Scottish Group, as if any reference therein to the Minister were a reference to the Secretary of State]; and any reference in the said section 27 or 89 to that Act or in the said section 28 to the foregoing provisions of that Act shall include a reference to this Act.

(4)In Schedule 1 to the Act of 1962, for paragraph 4 (which relates to the authentication of the application of the seal of a Board) there shall be substitututed the following:—

4The application of the seal of any Board shall be authenticated by the signature of the secretary of the Board or some other person authorised by the Board, either generally or specially, to act for that purpose.

(5)It is hereby declared that none of the new authorities are to be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown, or (subject to the provisions of sections 160, 161 and 162 of this Act) as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and that their property is not to be regarded as property of, or property held on behalf of, the Crown.

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Amendments (Textual)

F186Words in s. 52(3) repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

Modifications etc. (not altering text)

C55The text of ss. 38(1), 41(8)(9), 44(4), 46(5), 50(10), 51(3), 52(4), 94(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Power to dissolve Holding Company, etc.E+W+S+N.I.

53 Provisions with respect to Holding Company. E+W+S+N.I.

(1)The Minister may by order, which shall be subject to annulment in pursuance of a resolution of either House of Parliament—

(a)transfer any such property, rights and liabilities of the Holding Company as may be specified in the order, being property, rights or liabilities not already transferred under section 4 or 28 of this Act or this paragraph, from the Holding Company to such other person, being either a publicly-owned body (that is to say, a body established for the carrying on of any industry or part of an industry, or of any undertaking, under national ownership or control, or a wholly-owned subsidiary of a body so established) or a Minister of the Crown, as may be specified in the order;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F187

(c)where by virtue of paragraph (a). . . F187 of this subsection any property, rights and liabilities are transferred to, or to a subsidiary of, any of the Boards or the new authorities, confer on the Board or new authority in question any powers necessary to ensure the continued carrying on of any activities carried on before the transfer which would otherwise fall by virtue of section 25 of the Act of 1962 or section 51(6) of this Act to be discontinued after the transfer.

(2)In the case of any order made by virtue of paragraph (a). . . F187 of subsection (1) of this section, the property, rights and liabilities in question shall on such date as may be appointed for the purpose by the order be transferred, and by virtue of this Act vest, in accordance with the order; and Schedule 4 to this Act shall apply to any transfer under this subsection.

(3)Any order under subsection (1) of this section may contain such supplementary, incidental and consequential provision as may appear to the Minister to be necessary or expedient, and in particular, in the case of an order by virtue of paragraph (b) of that subsection, may make provision—

(a)for the preparation by such person or persons as may be specified in the order of a statement or statements of the Holding Company’s accounts for the period from the end of that dealt with in the last annual statement of accounts published by that Company down to the date of the dissolution of that Company;

(b)for the auditing of any such statement of accounts;

(c)for the making to the Minister by such person or persons as may be specified in the order of a report or reports on the exercise and performance by the Holding Company of their functions during any period not dealt with in the reports made by that company under section 29(16) of the Act of 1962;

(d)repealing any provision of the Act of 1962 or of this or any other Act which the Minister is satisfied has become unnecessary in consequence of the dissolution of the Holding Company.

(4)The Minister may, with the consent of the Treasury, pay to any person upon whom duties are imposed by virtue of subsection (3)(a) to (c) of this section such remuneration, and such allowances in respect of expenses, as the Minister may with the agreement of the Treasury determine.

(5)The Minister may from time to time by order—

(a)vary the commencing capital debt under section 39 of the Act of 1962 of the Holding Company or of any of the Boards or under Schedule 2 to this Act of any of the new authorities; or

(b)extinguish the liability of the Holding Company in respect of all or any sums lent to that Company by the Minister under section 29(12) of the Act of 1962 on or after 1st January 1963,

where that appears to the Minister expedient to take account of any transfer of property, rights and liabilities—

(i)in the case of the Holding Company, under section 4 or 28 of this Act or under subsection (1) of this section;

(ii)in the case of any of the Boards or new authorities, under the said subsection (1);

and any such order may contain such transitional provisions as appear to the Minister expedient to take account of any interest underpaid or overpaid on the commencing capital debt of the authority in question or on the sums referred to in paragraph (b) of this subsection.

(6)On requiring any of the new authorities to make provisional payments under paragraph 2 of Schedule 2 to this Act in respect of the commencing capital debt of that new authority, the Minister may by notice in writing to the Holding Company specify what part of those payments is to be treated as attributable to transfers to that new authority from the Holding Company under section 4 or 28 of this Act; and where such notice is given, then, in respect of any period in respect of which those provisional payments are made, the liability of the Holding Company to make payments of interest under section 39(6) or 20(2) of the Act of 1962 on the commencing capital debt of, or loans to, that Company shall be correspondingly reduced.

(7)For the purposes of any order made by virtue of paragraph (a) of subsection (5) of this section with respect to the Scottish Group, any reference in that subsection to the Minister shall be construed as a reference to the Minister and the Secretary of State acting jointly.

(8)The power of the Minister or of the Minister and the Secretary of State acting jointly to make an order under subsection (5) of this section shall be subject to the approval of the Treasury and any such order shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.

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Amendments (Textual)

Modifications etc. (not altering text)

Miscellaneous further provisions with respect to transport servicesE+W+S+N.I.

F18854. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

55 Amendments as to Transport Consultative Committees.E+W+S+N.I.

(1)The services and facilities in relation to which, under section 56 of the Act of 1962, the duty imposed, subject to the subsequent provisions of that section, by subsection (4) thereof on [F189the Rail Passengers’ Council and the Rail Passengers’ Committees] falls to be exercised—

(a)shall not include any services or facilities provided by the Waterways Board F190. . .

F191(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and accordingly—

F192(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the reference in paragraph (b) of that subsection to a Board shall be construed as excluding a reference to the Waterways Board. . . F193;

F192(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F194

F195. . .

F196(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F197

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Amendments (Textual)

F189Words in s. 55(1) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 17; S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F191S. 55(1)(b) repealed (1.4.1994) by 1993 c. 43, ss. 150(1)(o), Sch. 12. para. 6(6)(b)(ii), Sch. 14; S.I. 1994/571, art. 5

56 Assistance by Minister or local authority towards capital expenditure on public transport facilities. E+W+S

(1)Subject to subsections (3) and (4) of this section, the Minister may with the approval of the Treasury make grants upon such terms and conditions as the Minister thinks fit to any person towards expenditure appearing to the Minister to be of a capital nature incurred or to be incurred by that person for the purpose of the provision, improvement or development of facilities for public passenger transport in Great Britain.

(2)Subject to subsections (3) and (4) of this section, any local authority, or any two or more local authorities acting jointly, may make payments, upon such terms and conditions as they think fit, to any other person towards expenditure appearing to the authority or authorities in question to be of a capital nature incurred or to be incurred by that other person for the purpose of the provision, improvement or development of any facilities for public passenger transport if it appears to the authority or each of the authorities in question that those facilities are or will be of benefit to the area of that authority.

[F198(2A)Where a relevant local authority proposes to make payments under subsection (2) of this section in respect of any facilities, that authority may enter into an agreement with the [F199Strategic Rail Authority under which the Authority undertakes to exercise any of its franchising functions], to refrain from exercising such functions, or to exercise such functions in a particular manner, in relation to the use of the facilities in question.

(2B)In subsection (2A) of this section, the following expressions have the following meanings respectively, that is to say—

  • F200. . .

  • franchising functions”, in relation to the [F201Strategic Rail Authority], has the same meaning as it has in relation to [F201it] in section 54 of the Railways Act 1993;

  • relevant local authority” means—

    (a)

    a non-metropolitan county or district council in England or in Wales;

    (b)

    a London borough council or the Common Council of the City of London; or

    (c)

    a [F202council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in Scotland;

and any reference to a relevant local authority shall be taken to include a reference to any two or more such authorities acting jointly.]

(3)No grant under subsection (1) of this section and no payment under subsection (2) thereof shall be made for the purposes of the provision, improvement or development of an airfield, a harbour, or (except when used or to be used for the purposes of a ferry service) a dock, pier or jetty.

[F203(3A)Nothing in subsection (3) of this section precludes the making of grants under subsection (1) or payments under subsection (2) thereof for the purposes of the provision, improvement or development of facilities for or in connection with public passenger transport by land to or from an airfield, harbour, dock, pier or jetty.]

[F204(4)No grant under subsection (1) of this section shall be made for any purpose unless the Secretary of State is satisfied that the provision, improvement or development of the facilities in question is appropriate in the light of—

(a)any general policies formulated by a Passenger Transport Authority under section 9A(1) or (5) of this Act;

(b)any general policies formulated by a non-metropolitan county council under section 63(1) or by a [F205regional or islands] council under section 63(2) of the Transport Act 1985 (policies with respect to services to be secured to meet public transport requirements within the county); and

(c)any measures adopted by such a council under subsection (6) of that section (measures for promoting co-ordination of services and convenience of the public in using services for their area);

which are relevant to the need for facilities of the description in question in the locality in which they are, or are to be, provided; and no payment under subsection (2) of this section shall be made for any purpose unless the local authority or local authorities in question are so satisfied.]

(5)Where a person has used or proposes to use an asset of his for the purpose of the provision, improvement or development of facilities for public passenger transport, the Minister or, as the case may be, the local authority or local authorities in question may for the purposes of this section treat as expenditure of a capital nature incurred or to be incurred by that person for that purpose such amount not exceeding the capital value of that asset as the Minister or, as the case may be, the local authority or authorities in question may determine to be appropriate.

(6)In this section the expression “local authority” means—

(a)the council of any county,. . . F206 or [F207district] in England or Wales;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F208

[F209(bb)a metropolitan county passenger transport authority;]

(c)the Council of the Isles of Scilly; [F210or]

(d)any [F211council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in Scotland; [F212or

(e)Strathclyde Passenger Transport Authority;]

and in the application of this section to Scotland or Wales any reference to the Minister shall be construed as a reference to the Secretary of State.

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Amendments (Textual)

F199Words in s. 56(2A) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 1(2); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F200S. 56(2B): Definition of “the Franchising Director" omitted (1.2.2001) by virtue of 2000 c. 38, s. 215, Sch. 16 para. 1(3); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II); and repealed (prosp.) by 2000 c. 38, s. 274, Sch. 31 Pt. IV

F201S. 56(2B): Words in definition of “franchising functions" substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 1(3); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provsions in Sch. 2 Pt. II)

F202S. 56(2B): words in para. (c) in the definition of

relevant local authority

substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(7)(a); S.I. 1996/323, art. 4(1)(b)(c)

F203S. 56(3A) inserted (retrospectively) by 1993 c. 43, s. 138(3); S.I. 1994/571, art. 5

F210Word in s. 56(6)(c) ceased to have effect (S.) (20.3.1997) by virtue of S.I. 1997/318, art. 2(a)

F212S. 56(6)(e) and preceding word inserted (S.) (20.3.1997) by S.I. 1997/318, art. 2(b)

Modifications etc. (not altering text)

57 Grants for research or development in connection with transport services, etc.E+W+S+N.I.

The Minister shall have power with the approval of the Treasury to make grants upon such terms and conditions as he thinks fit to any person towards expenditure incurred or to be incurred by that person—

(a)in carrying out research in connection with the provision or improvement of transport services by land or inland waterway or of harbour facilities; or

(b)in developing for the purposes of the provision or improvement of such services or facilities the results of any research carried out by, or any invention or idea of, that or any other person.

[F21357A Grants for research or development in connection with transport services by inland waterways in ScotlandE+W+S+N.I.

Without prejudice to the Minister’s power to make grants for research or development in connection with transport services by inland waterways in Scotland under section 57, the Scottish Ministers may make grants upon such terms and conditions as they think fit to any person towards expenditure incurred or to be incurred by that person–

(a)in carrying out research in connection with the provision or improvement of transport services by inland waterway in Scotland; or

(b)in developing for the purposes of the provision or improvement of such services or facilities the results of any research carried out by, or any invention or idea of, that or any other person.]

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Amendments (Textual)

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F214E+W+S+N.I.

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Amendments (Textual)

F215Part VE+W+S

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Amendments (Textual)

F215Pt. V (ss. 59-94) repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2

The licensing authorityE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

O perators’ licencesE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F299 Further provisions about operating centres]E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F299Crossheading inserted (prosp.) by 1994 c. 40, ss. 50(1), 82(4)

Operators’ licences: supplementary provisionsE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special authorisations for use of large goods vehiclesE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EnforcementE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SupplementaryE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of carriers’ licensing for certain vehiclesE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions and amendmentsE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VIE+W+S+N.I. Drivers’ Hours

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Modifications etc. (not altering text)

C78Pt. VI (ss. 95–103) modified by S.I. 1986/1459, arts. 2, 3

C79Pt. VI (ss. 95-103) excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(a)(6)(7)

95 Vehicles and drivers subject to control under Part VI.E+W+S

(1)This Part of this Act shall have effect with a view to securing the observance of proper hours [F360or periods] of work by persons engaged in the carriage of passengers or goods by road and thereby protecting the public against the risks which arise in cases where the drivers of motor vehicles are suffering from fatigue. [F361but the Secretary of State may by regulations make such provision by way of substitution for or adaptation of the provisions of this Part, or supplemental or incidental to this Part, as he considers necessary or expedient to take account of the operation of any relevant Community provision.

(1A)Regulations under subsection (1) above may in particular—

(a)substitute different requirements for the requirements of the domestic drivers’ hours code or add to, make exceptions from or otherwise modify any of the requirements of that code;

(b)apply to journeys and work to which no relevant Community provision applies;

(c)include provision as to the circumstances in which a period of driving or duty to which a relevant Community provision or the domestic drivers’ hours code applies is to be included or excluded in reckoning any period for purposes of the domestic drivers’ hours code or any relevant Community provision respectively; and

(d)may contain such transitional, supplemental or consequential provisions as the Secretary of State thinks necessary or expedient]

(2)This Part of this Act applies to—

(a)passenger vehicles, that is to say—

(i)public service vehicles; and

(ii)motor vehicles (other than public service vehicles) constructed or adapted to carry more than twelve passengers;

(b)goods vehicles, that is to say—

(i)heavy locomotives, light locomotives, motor tractors and any motor vehicle so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle; and

(ii)motor vehicles (except those mentioned in paragraph (a) of this subsection) constructed or adapted to carry goods other than the effects of passengers.

[F362(c)vehicles not falling within paragraph (a) or (b) of this subsection which—

(i)are vehicles within the meaning given by Article 1 of Council Regulation (EEC) No. 3820/85 of 29th December 1985 on the harmonization of certain social legislation relating to road transport; and

(ii)are not referred to in Article 4 of that Regulation.]

(3)This Part of this Act applies to any such person as follows (in this Part of this Act referred to as “a driver”), that is to say—

(a)a person who drives a vehicle to which this Part of this Act applies in the course of his employment (in this Part of this Act referred to as “an employee-driver”); and

(b)a person who drives such a vehicle for the purposes of a trade or business carried on by him (in this Part of this Act referred to as “an owner-driver”);

and in this Part of this Act references to driving by any person are references to his driving as aforesaid.

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Amendments (Textual)

F362S. 95(2)(c) inserted (24.8.1998) by S.I. 1998/2006, reg. 2

Modifications etc. (not altering text)

C80S. 95 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

96 Permitted driving time and periods of duty. E+W+S

(1)Subject to the provisions of this section, a driver shall not on any working day drive a vehicle or vehicles to which this Part of this Act applies for periods amounting in the aggregate to more than ten hours.

(2)Subject to the provisions of this section, if on any working day a driver has been on duty for a period of, or for periods amounting in the aggregate to, five and a half hours and—

(a)there has not been during that period, or during or between any of those periods, an interval of not less than half an hour in which he was able to obtain rest and refreshment; and

(b)the end of that period, or of the last of those periods, does not mark the end of that working day,

there shall at the end of that period, or of the last of those periods, be such an interval as aforesaid.

(3)Subject to the provisions of this section, the working day of a driver—

(a)except where paragraph (b) or (c) of this subsection applies, shall not exceed eleven hours;

(b)if during that day he is off duty for a period which is, or periods which taken together are, not less than the time by which his working day exceeds eleven hours, shall not exceed twelve and a half hours;

(c)if during that day—

(i)all the time when he is driving vehicles to which this Part of this Act applies is spent in driving one or more express carriages or contract carriages; and

(ii)he is able for a period of not less than four hours to obtain rest and refreshment,

shall not exceed fourteen hours.

(4)Subject to the provision of this section, there shall be, between any two successive working days of a driver, an interval for rest which—

(a)subject to paragraph (b) of this subsection, shall not be of less than eleven hours;

(b)if during both those days all or the greater part of the time when he is driving vehicles to which this Part of this Act applies is spent in driving one or more passenger vehicles, may, on one occasion in each working week, be of less than eleven hours but not of less than nine and a half hours;

and for the purposes of this Part of this Act a period of time shall not be treated, in the case of an employee-driver, as not being an interval for rest by reason only that he may be called upon to report for duty if required.

(5)Subject to the provisions of this section a driver shall not be on duty in any working week for periods amounting in the aggregate to more than sixty hours.

(6)Subject to the provisions of this section, there shall be, in the case of each working week of a driver, a period of not less than twenty-four hours for which he is off duty, being a period either falling wholly in that week or beginning in that week and ending in the next week; but—

(a)where the requirements of the foregoing provisions of this subsection have been satisfied in the case of any week by reference to a period ending in the next week, no part of that period (except any part after the expiration of the first twenty-four hours of it) shall be taken into account for the purpose of satisfying those requirements in the case of the next week; and

(b)those requirements need not be satisfied in the case of any working week of a driver who on each working day falling wholly or partly in that week drives one or more stage carriages if that week is immediately preceded by a week in the case of which those requirements have been satisfied as respects that driver or during which he has not at any time been on duty.

(7)If in the case of the working week of any driver the following requirement is satisfied, that is to say, that, in each of the periods of twenty-four hours beginning at midnight which make up that week, the driver does not drive a vehicle to which this Part of this Act applies for a period of, or periods amounting in the aggregate to, more than four hours, the foregoing provisions of this section shall not apply to him in that week, except that the provisions of subsections (1), (2) and (3) shall nevertheless have effect in relation to the whole of any working day falling partly in that week and partly in a working week in the case of which that requirement is not satisfied.

(8)If on any working day a driver does not drive any vehicle to which this Part of this Act applies—

(a)subsections (2) and (3) of this section shall not apply to that day, and

(b)the period or periods of duty attributable to that day for the purposes of subsection (5) of this section shall, if amounting to more than eleven hours, be treated as amounting to eleven hours only.

(9)For the purposes of subsections (1) and (7) of this section no account shall be taken of any time spent driving a vehicle elsewhere than on a road if the vehicle is being so driven in the course of operations of agriculture or forestry.

[F363For the purposes of subsections (1) and (7) of section 96 no account shall be taken of any time spent in driving a goods vehicle elsewhere than on a road if the vehicle is being so driven in the course of [F364operations of quarrying or of] carrying out any work in the construction, reconstruction, alteration, extension or maintenance of, or of a part of, a building, or of any other fixed works of construction or civil engineering (including works for the construction, improvement or maintenance of a road) and, for the purposes of this exemption where the vehicle is being driven on, or on a part of a road in the course of carrying out any work for the improvement or maintenance of, or of that part of, that road, it shall be treated as if it were being driven elsewhere than on a road.]

(10)For the purpose of enabling drivers to deal with cases of emergency or otherwise to meet a special need, the Minister may by regulations—

(a)create exemptions from all or any of the requirements of subsections (1) to (6) of this section in such cases and subject to such conditions as may be specified in the regulations;

(b)empower the traffic [F365commissioner] for any area, subject to the provisions of the regulations—

(i)to dispense with the observance of all or any of those requirements (either generally or in such circumstances or to such extent as the [F365commissioner thinks] fit) in any particular case for which provision is not made under paragraph (a) of this subsection;

(ii)to grant a certificate (which, for the purposes of any proceedings under this Part of this Act, shall be conclusive evidence of the facts therein stated) that any particular case falls or fell within any exemption created under the said paragraph (a);

and regulations under this subsection may enable any dispensation under paragraph (b)(i) of this subsection to be granted retrospectively and provide for a document purporting to be a certificate granted by virtue of paragraph (b)(ii) of this subsection to be accepted in evidence without further proof.

(11)If any of the requirements of [F366the domestic drivers’ hours code], is contravened in the case of any driver—

(a)that driver; and

(b)any other person (being that driver’s employer or a person to whose orders that driver was subject) who caused or permitted the contravention,

shall be liable on summary conviction to a fine not exceeding [F367level 4 on the standard scale]; but a person shall not be liable to be convicted under this subsection if he proved to the court—

(i)that the contravention was due to unavoidable delay in the completion of a journey arising out of circumstances which he could not reasonably have foreseen; or

(ii)in the case of a person charged under paragraph (b) of this subsection, that the contravention was due to the fact that the driver had for any particular period or periods driven or been on duty otherwise than in the employment of that person or, as the case may be, otherwise than in the employment in which he is subject to the orders of that person, and that the person charged was not, and could not reasonably have become, aware of that fact.

[F368(11A)Where, in the case of a driver F369 of a motor vehicle, there is in Great Britain a contravention of any requirement of [F370the applicable Community rules] as to periods of driving, or distance driven, or periods on or off duty, then the offender and any other person (being the offender’s employer or a person to whose orders the offender was subject) who caused or permitted the contravention shall be liable on summary conviction to a fine not exceeding [F367level 4 on the standard scale]]

[F371(11B)But a person shall not be liable to be convicted under subsection (11A) if—

(a)he proves the matters specified in paragraph (i) of subsection (11); or

(b)being charged as the offender’s employer or a person to whose orders the offender was subject, he proves the matters specified in paragraph (ii) of that subsection]

(12)The Minister may by order—

(a)direct that subsection (1) of this section shall have effect with the substitution for the reference to ten hours of a reference to nine hours, either generally or with such exceptions as may be specified in the order;

(b)direct that paragraph (a) of subsection (3) of this section shall have effect with the substitution for the reference to eleven hours of a reference to any shorter period, or remove, modify or add to the provisions of that subsection containing exceptions to the said paragraph (a);

(c)remove, modify or add to any of the requirements of subsections (2), (4), (5) or (6) of this section or any of the exemptions provided for by subsections (7), (8) and (9) thereof;

and any order under this subsection may contain such transitional and supplementary provisions as the Minister thinks necessary or expedient, including provisions amending any definition in section 103 of this Act which is relevant to any of the provisions affected by the order.

[F372(13)In this Part of this Act “the domestic driver’s hours code” means the provisions of subsections (1) to (6) of this section as for the time being in force (and, in particular, as modified, added to or substituted by or under any instrument in force under section 95(1) of this Act or subsection (10) or (12) of this section)]

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Amendments (Textual)

F363Exemption added by S.I. 1970/257, art. 4

F364Words inserted by S.I. 1971/818, art. 5(b)

F369Words repealed by S.I. 1986/1457, reg. 2

Modifications etc. (not altering text)

C81Power to restrict s. 96 conferred by Energy Act 1976 (c. 76), s. 4(2), Sch. 1 para. 3

C82S. 96 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

[F37397 Installation and use of recording equipment.E+W+S

[F374(1)No person shall use, or cause or permit to be used, a vehicle to which this section applies

[F375(a)unless there is in the vehicle recording equipment which—

(i)has been installed in accordance with the Community Recording Equipment Regulation;

(ii)complies with Annexes I and II to that Regulation; and

(iii)is being used as provided by [F376Articles 13 to 15] of that Regulation;][F377, or]

[F377(b)in which there is recording equipment which has been repaired (whether before or after installation) otherwise than in accordance with the Community Recording Equipment Regulation;]

and any person who contravenes this subsection shall be liable on summary conviction to a fine not exceeding [F378level 5] on the standard scale.]

[F379(1A)A person shall not be liable to be convicted under subsection (1) of this section if he proves to the court that he neither knew nor ought to have known that the recording equipment had not been installed or repaired, as the case may be, in accordance with the Community Recording Equipment Regulation.]

(2)A person shall not be liable to be convicted under subsection (1) [F380(a)] of this section if he proves to the court that the vehicle in question was proceeding to a place where recording equipment which would comply with the requirements of Annexes I and II of the Community Recording Equipment Regulation was to be installed in the vehicle in accordance with that Regulation.

(3)A person shall not be liable to be convicted under subsection (1) [F380(a)] of this section by reason of the recording equipment installed in the vehicle in question not being in working order if he proves to the court that—

(a)it had not become reasonably practicable for the equipment to be repaired by an approved fitter or workshop; and

(b)the requirements of [F381Article 16(2)] of the Community Recording Equipment Regulation were being complied with.

(4)A person shall not be liable to be convicted under subsection (1) [F380(a)] of this section by reason of any seal on the recording equipment installed in the vehicle in question not being intact if he proves to the court that—

(a)the breaking or removal of the seal could not have been avoided;

(b)it had not become reasonably practicable for the seal to be replaced by an approved fitter or workshop; and

(c)in all other respects the equipment was being used as provided by [F382Articles 13 to 15] of the Community Recording Equipment Regulation.

(5)For the purposes of this section recording equipment is used as provided by [F382Articles 13 to 15] of the Community Recording Equipment Regulation if, and only if, the circumstances of its use are such that each requirement of those Articles is complied with.

(6)This section applies at any time to any vehicles to which this Part of this Act applies if, at that time, Article 3 of the Community Recording Equipment Regulation requires recording equipment to be installed and used in that vehicle; and in this section and sections 97A and 97B of this Act any expression which it is also used in that Regulation has the same meaning as in that Regulation.

(7)In this Part of this Act—

  • [F383[F384“the Community Recording Equipment Regulation”means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport F385 as it has effect in accordance with—

    (a)

    Commission Regulation (EEC) No. 3314/90 F386;

    (b)

    Commission Regulation (EEC) No. 3688/92 F387; and

    (c)

    Commission Regulation (EC) No. 2479/95 F388;

    and as read with the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 F389;]

  • recording equipment” means equipment for recording information as to the use of a vehicle.]]

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Amendments (Textual)

F373Ss. 97, 97A, 97B substituted for s. 97 by S.I. 1979/1746, reg. 2

F375By S.I. 1989/2121, art. 2(2) it is provided that in s. 97(1) the words from “unless" to the end of paragraph (c) shall become paragraph(a), with paragraphs (a), (b) and (c) becoming sub-paragraphs “(i)", “(ii)" and “(iii)" of that paragraph

F376Words substituted by S.I. 1986/1457, reg. 3(3)(a)

F377S. 97(1)(b) and word “or" preceding it inserted by S.I. 1989/2121, art. 2(2)

F378Words substituted by S.I. 1989/2121, art. 2(2)

F380 “(a)" inserted by S.I. 1989/2121, art. 2(4)

F381Words substituted by S.I. 1986/1457, reg. 3(3)(b)

F382Words substituted by S.I. 1986/1457, reg. 3(3)(a)

F383Definition substituted by S.I. 1986/1457, reg. 3(1)(2)(a)

F384S. 97(7) substituted (25.4.1996) by S.I. 1996/941, art. 3(1)(2)(a)

F385O.J. No. L370, 31.12.85, p.8.

F386O.J. No. L318, 17.11.90, p.20.

F387O.J. No. L374, 22.12.92, p.12.

F388O.J. No. L256, 26.10.95, p.8.

F389S.I. 1986/1456; the relevant amending instruments are S.I. 1987/805 and S.I. 1988/760.

Modifications etc. (not altering text)

C84S. 97 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7); S.I. 1994/2850, art. 3(a), Sch. 2

[F39097A Provisions supplementary to section 97.E+W+S

(1)If an employed [F391driver] of a vehicle to which section 97 of this Act applies fails—

(a)without reasonable excuse to return any record sheet which relates to him to his employer within twenty-one days of completing it; or

(b)where he has two more employers by whom he is employed as a [F391driver] of such a vehicle, to notify each of them of the name and address of the other or others of them,

he shall be liable on summary conviction to a fine not exceeding [F392level 4 on the standard scale].

(2)If the employer of [F393drivers] of a vehicle to which section 97 of this Act applies fails without reasonable excuse to secure that they comply with subsection (1)(a) of this section, he shall be liable on summary conviction to a fine not exceeding [F392level 4 on the standard scale].

(3)Where a [F391driver] of a vehicle to which section 97 or this Act applies has two of more employers by whom he is employed as a crew member of such a vehicle, subsection (1)(a) and subsection (2) of this section shall apply as if any reference to his employer, or any reference which is to be construed as such a reference, were a reference to such of those employers as was the first to employ him in that capacity.]

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Amendments (Textual)

F390Ss. 97, 97A, 97B substituted for s. 97 by S.I. 1979/1746, reg. 2

F391Word substituted by S.I. 1986/1457, reg. 3(3)(c)

F392Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III it is provided (S.) (1.4.1996) that s. 97A(1)(2) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding £200.

F393Word substituted by S.I. 1986/1457, reg. 3(3)(d)

Modifications etc. (not altering text)

C85S. 97A applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7); S.I. 1994/2850, art. 3(a), Sch. 2

Prospective

[F39497AA Forgery, etc of seals on recording equipmentE+W+S

(1)A person who, with intent to deceive, forges, alters or uses any seal on recording equipment installed in, or designed for installation in, a vehicle to which section 97 of this Act applies, shall be guilty of an offence.

(2)A person guilty of an offence under subsection (1) above shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, or

(b)on summary conviction, to a fine not exceeding the statutory maximum.

(3)In the application of this section to England and Wales a person “forges” a seal if he makes a false seal in order that it may be used as genuine.]

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Amendments (Textual)

[F39597B

(1)Where recording equipment is installed in a vehicle to which this Part of this Act applies, any record produced by means of the equipment shall, in any proceedings under this Part of this Act, be evidence, and in Scotland sufficient evidence, of matters appearing from the record.

(2)Any entry made on a record sheet by a [F396driver] for the purposes of [F397Article 15(2) or (5) or 16(2)] of the Community Recording Equipment Regulation shall, in any proceedings under this Part of this Act, be evidence, and in Scotland sufficient evidence, of matters appearing from that entry.]

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Amendments (Textual)

F395Ss. 97, 97A, 97B substituted for s. 97 by S.I. 1979/1746, reg. 2

F396Word substituted by S.I. 1986/1457, reg. 3(3)(e)

F397Words substituted by S.I. 1986/1457, reg. 3(3)(e)

Modifications etc. (not altering text)

C86S. 97B applied (with modifications) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

98 Written records.E+W+S

(1)The Minister may make regulations—

(a)for requiring drivers to keep, and employers of employee-drivers to cause to be kept, in such books as may be specified in the regulations records with respect to such matters relevant to the enforcement of this Part of this Act as may be so specified; and

(b)for requiring owner-drivers and the employers of employee-drivers to maintain such registers as may be so specified with respect to any such books as aforesaid which are in their possession or in that of any employee-drivers in their employment.

(2)Regulations under this section may contain such supplementary and incidental provisions [F398including provisions supplementary and incidental to the requirements of [F399the applicable Community rules] as to [F400books, records or documents]] as the Minister thinks necessary or expedient, including in particular provisions—

(a)specifying the person or persons from whom books and registers required for the purposes of the regulations [F398or of [F399the applicable Community rules]] are to be obtained and, if provision is made for them to be obtained from the Minister, charging a fee for their issue by him (which shall be payable into the Consolidated Fund);

(b)as to the form and manner of making of entries in such books and registers;

(c)as to the issue by and return to the employers of employee-drivers of books required to be kept by the latter for the purposes of the regulations;

(d)requiring any book in current use for the purposes of the regulations to be carried on, or by the driver of, any vehicle, as to the preservation of any books and registers used for those purposes, and otherwise as to the manner in which those books and registers are to be dealt with;

(e)for exemptions from all or any of the requirements of the regulations in respect of drivers of small goods vehicles as defined in section 103(6) of this Act and for other exemptions from all or any of those requirements.

[F401(2A)The requirements of regulations made under this section shall not apply as respects the driving of a vehicle to which section 97 of this Act applies and in relation to which subsection (1)(b) of that section has come into force.]

(3)Subject to the provisions of any regulations made by the Minister, the traffic [F402commissioner] for any area may dispense with the observance by any employee-driver or his employer, or by any owner-driver, of any requirement imposed under this section, either generally or in such circumstances or to such extent as the [F403commissioner thinks] fit, but the traffic [F402commissioner] shall not grant such a dispensation unless satisfied that it is not reasonably practicable for the requirement dispensed with to be observed.

(4)Any person who contravenes any regulations made under this section [F404or any requirement as to [F400books, records or documents] of [F399the applicable Community rules]] shall be liable on summary conviction to a fine not exceeding [F405level 4 on the standard scale], but the employer of an employee-driver shall not be liable to be convicted under this subsection by reason of contravening any such regulation whereby he is required to cause any records to be kept if he proved to the court that he has given proper instructions to his employees with respect to the keeping of the records and has from time to time taken reasonable steps to secure that those instructions are being carried out.

[F406(4A)A person shall not be liable to be convicted under subsection (4) of this section by reason of contravening any regulation made under this section if he proves to the court that, if the vehicle in question had been such a vehicle as is mentioned in subsection (2A) of this section, there would have been no contravention of the provisions of this Part of this Act so far as they relate to the use of such vehicles.]

(5)Any entry made by an employee-driver for the purposes of regulations under this section [F404or of [F399the applicable Community rules]] shall, in any proceedings under this Part of this Act, be admissible in evidence against his employer.

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Amendments (Textual)

Modifications etc. (not altering text)

C87S. 98 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

99 Inspection of records and other documents. E+W+S

(1)An officer may, on production if so required of his authority, require any person to produce, and permit him to inspect and copy—

(a)any book or register which that person is required by regulations under section 98 of this Act to carry or have in his possession for the purpose of making in it any entry required by those regulations or which is required under those regulations to be carried on any vehicle of which that person is the driver;

(b)any F407, book or register which that person is required by regulations under section F407 98 of this Act to preserve;

[F408(bb)any record sheet which that person is required by [F409Article 14(2)] of the Community Recording Equipment Regulation to retain or by [F409Article 15(7)] of that Regulation to be able to produce;]

(c)if that person is the owner of a vehicle to which this Part of this Act applies, any other document of that person which the officer may reasonably acquire to inspect for the purpose of ascertaining whether the provisions of this Part of this Act or of regulations made thereunder have been complied with;

[F410(d)any F411 book, register or document required by [F412the applicable Community rules] or which the officer may reasonably require to inspect for the purpose of ascertaining whether the requirements of [F412the applicable Community rules] have been complied with];

and that record [F413sheet], book, register or document shall, if the officer so requires by notice in writing served on that person, be produced at the office of the traffic [F414commissioner] specified in the notice within such time (not being less than ten days) from the service of the notice as may be so specified.

(2)An officer may, on production if so required of his authority—

[F415(a)at any time, enter any vehicle to which this Part of this Act applies and inspect that vehicle and any recording equipment installed in it and inspect and copy any record sheet on the vehicle on which a record has been produced by means of the equipment or an entry has been made;]

(b)at any time which is reasonable having regard to the circumstances of the case, enter any premises on which he has reason to believe that such a vehicle is kept or that any such [F416record sheets], books, registers or other documents as are mentioned in subsection (1) of this section are to be found, and inspect any such vehicle, and inspect and copy any such record [F417sheet], book, register or document, which he finds there.

(3)For the purpose of exercising his powers under subsection (2)(a) and, in respect of a document carried on, or by the driver of, a vehicle, under subsection (1)(a) [F418or (d)] of this section, an officer may detain the vehicle in question during such time as is required for the exercise of that power.

(4)Any person who—

(a)fails to comply with any requirement under subsection (1) of this section; or

(b)obstructs an officer in the exercise of his powers under subsection (2) or (3) of this section,

shall be liable on summary conviction to a fine not exceeding [F419level 3 on the standard scale].

[F420(4A)A person shall not be liable to be convicted under subsection (4) of this section by reason of failing to comply with any requirement under subsection (1)(a) or (b) of this section if he proves to the court that, if the vehicle in question had been such a vehicle as is mentioned in section 98(2A) of this Act, there would have been no contravention of the provisions of this Part of this Act so far as they relate to the use of such vehicles.]

(5)Any person who makes, or causes to be made, [F421any record or entry on a record sheet kept or carried for the purposes of the Community Recording Equipment Regulation or] section 97 of this Act or any entry in a [F422book, register or document kept or carried] for the purposes of regulations under section 98 thereof [F423or [F412the applicable Community rules]] which he knows to be false or, with intent to deceive, alters or causes to be al