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Transport Act 1968

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Part IU.K. Integration of Freight Transport Services

1—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2U.K.

Redistribution of activities between Freight Corporation and Railways Board or Scottish GroupU.K.

7 Transfer schemes by authorities. U.K.

(1)Subject to subsection (4) of this section, the Railways Board,. . . F3, may as occasion seems to them to require it make schemes—

(a)for the reorganisation, amalgamation or dissolution of any of the wholly-owned subsidiaries of [F4the Board];

(b)for the transfer of any specified property, rights or liabilities, or of all property, rights and liabilities comprised in a specified part of their undertaking, from one to another of the following bodies, namely, the Board,. . . F3 and any wholly-owned subsidiary of the Board. . . F3

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3)Any scheme under. . . F3 this section may contain such supplementary, incidental and consequential provision as may appear to [F6the Board] to be necessary or expedient.

(4)A scheme under this section shall not come into force unless it has been approved by the Minister or until such date as the Minister may in giving his approval specify; and the Minister may approve a scheme either without modification or with such modifications as, after consultation with [F7the Board], he thinks fit; but without prejudice to his powers under section 8 of this Act the Minister shall not approve any such scheme which makes provision—

(a)for a transfer of any property, rights or liabilities which it appears to him would materially prejudice the proper discharge by the Railways Board. . . F3 of their. . . F3 duties under the Act of 1962 or this Act; or

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(5)Where in the case of a scheme made by virtue of subsection (1)(b). . . F3 of this section the Minister in approving the scheme under subsection (4) of this section certifies that the scheme is approved as giving effect to conclusions reported under section 45 of this Act or to a direction given under subsection (5) of that section. . . F9 then, subject to subsection (7) of this section, the property, rights and liabilities in question shall on the date of the coming into force of the scheme be transferred, and by virtue of this Act vest, in accordance with the scheme.

(6)Subject to subsection (7) of this section, in the case of any scheme made by virtue of subsection (1)(b). . . F3 of this section to which subsection (5) thereof does not apply, the property, rights and liabilities in question shall on the date of the coming into force of the scheme be transferred, and by virtue of the scheme vest, in accordance with the scheme.

(7)Schedule 4 to this Act—

(a)shall apply to any transfer under subsection (5) of this section; and

(b)shall apply to any transfer under subsection (6) of this section subject to any reference in that Schedule to a vesting by virtue of this Act being construed as a reference to a vesting by virtue of the scheme in question;

and the said subsection (5) or (6) shall have effect subject to the provisions of that Schedule;. . . F3

8 Transfer orders by Minister.U.K.

(1)Subject to subsection (6) of this section, the Minister may by order—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(b)make any such provision with respect to, or to any wholly-owned subsidiary of, [F11the Railways Board] as is mentioned in paragraph (a) or (b) of subsection (1). . . F12 of section 7 of this Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(3)Any order under. . . F12 of this section may contain such supplementary, incidental and consequential provision as may appear to the Minister to be necessary or expedient.

(4)Subject to subsection (5) of this section, in the case of an order under. . . F12 this section making such provision as is mentioned in section 7(1)(b) of this Act. . . F12, 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.

(5)Schedule 4 to this Act shall apply to any transfer under subsection (4) of this section and that subsection shall have effect subject to the provisions of that Schedule;. . . F12

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

and the order shall not be made unless the draft thereof so laid has been approved by resolution of each House of Parliament.

Part IIU.K. Passenger Transport Areas

Modifications etc. (not altering text)

C3Power to modify Pt. II conferred (S.) by Local Government (Scotland) Act 1973 (c. 65), s. 150(3)

C4Pt. 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 ExecutivesU.K.

9 Passenger Transport Areas, Authorities and Executives.U.K.

[F15(1)[F16Subject 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 [F17passenger 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 [F18county which is coterminous with or includes that] area.]

(5)Each of the councils of [F19the districts comprised in [F20a county which is coterminous with or includes] a passenger transport area][F21each of the districts comprised in the region in which the [F22passenger transport] area is situated] 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. . . F23thereto other than [F24section 20(6) and (7)] shall be construed as a reference to the Secretary of State.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

[F269A General functions of Passenger Transport Authorities and Executives.U.K.

(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 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.]

Textual Amendments

F26Ss. 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)

C6S. 9A(8) excluded (18.2.1993) by 1989 c. xix, s. 28(7) (as inserted by 1993 c. ii, s.14)

[F279B Consultation and publicity with respect to policies as to services.U.K.

(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 [F28the 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.]

Textual Amendments

F27Ss. 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.U.K.

(1)Subject to the provisions of this Act, the Executive for a [F29designated][F29passenger 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, [F30the 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;][F30the 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 the Railways Board in respect of railway passenger services provided by the Board 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;

(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 [F31and 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 [F32and 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 [F33the discharge of their duty under section 9(3) of this Act][F33their 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. . . F34 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 [F29passenger transport] area so request in writing, the Minister may authorise the Executive for that area to purchase compulsorily any land which the Executive or any wholly-owned subsidiary of theirs require for the purposes of their business, and the M1[F35Acquisition of Land Act 1981] shall [F36apply 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.][F36apply 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 [F37Acquisition of Land Act 1981] form part of a common, open space or fuel or field garden allotment.

(5)The Ferries (Acquisition by Local Authorities) M2Act 1919 shall apply to the Executive for a [F29passenger 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) M3Act 1937 shall apply to the Executive for a [F29passenger transport] area as if that area were a [F38region] and the Executive were the council of that [F38region].

(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 [F29passenger transport] area as a statutory corporation and nothing in those provisions shall be construed as authorising the disregard by the Executive of any enactment or rule of law, or any requirement of this Part of this Act as to the approval of the Authority or the consent of the Minister for a particular exercise of any of those powers.

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

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

(a)for the references to the M4[F39Acquisition of Land Act 1981] references to the M5Acquisition 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.

Textual Amendments

F29Words “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)

F30Words 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)

F33Words “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)

F36Words “apply to the compulsory purchase" substituted (E.W.) for words from “apply as if" to “that Act" by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 18(2)(b)

Modifications etc. (not altering text)

C7Power to exclude s. 10(1)(i) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(5)

C8Power to repeal s. 10(1)(i) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(7)(8)

C9Power to exclude s. 10(1)(viii) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(5)

C10Power to repeal s. 10(1)(viii) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(7)(8)

Marginal Citations

M11981 c. 67.(28:1).

11 Financial duty of Executive.U.K.

[F40(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 [F41section 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.

[F42(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.]

[F43(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.]

12 Borrowing powers of Executive.U.K.

(1)The provisions of this section shall have effect with respect to borrowing by the Executive for a [F44designated][F44passenger 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. . . F45

(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)[F46Each of the councils of constituent areas][F46The Authority for the Executive’s area] shall have power to lend money to the Executive [F47but 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.

F48(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M6

Textual Amendments

Modifications etc. (not altering text)

C13S. 12(2) amended (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 133(2)

C14S. 12(3)(d) amended (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 133(2)

C15S. 12(3)(g) amended (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 133(2)

C16S. 12(5)(b) amended (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 133(2)(b)

Marginal Citations

[F4913 Power of regional councils to make grants.E+W+S

(1)Without prejudice to any other power of a regional council to make grants for transport purposes, a regional council who are the Authority shall have power to make grants to the Executive for any purpose.

(2)The regional council shall from time to time by notice in writing to the Executive specify the amount of the grants which the council propose to make to the Executive in respect of expenditure incurred during any accounting period.]

[F54413 Power to make grants.E+W

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

Extent Information

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

Textual Amendments

Valid from 03/11/1994

[F5013A Guarantees by Authority.S

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

Textual Amendments

F50S. 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 [F51passenger transport] area shall—

(a)cause proper accounts and other records in relation to their business to be kept; F52. . .

F52(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F54(3)As soon as the accounts of the Executive for any accounting period have been audited in accordance with Part III of the Local Government Finance Act 1982 they shall send a copy of any statement of accounts prepared by them for that period pursuant to regulations under section 23 of that Act to the Minister, to the Authority [F55and 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.]

Extent Information

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

Textual Amendments

F52Word 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

Modifications etc. (not altering text)

14 Accounts of Executive.S

(1)The Executive for a [F545passenger 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 [F546Authority] 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 [F547who 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, [F548and] to the Authority F549. . . F550. . . together with a copy of the report made by the auditor or auditors on that statement.

Extent Information

E8This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and for Northern Ireland only.

Textual Amendments

F547Words 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 [F551who 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.

Extent Information

E9This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales only and for Scotland only

Textual Amendments

F551Words 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.U.K.

(1)The Executive for a [F56designated][F56passenger transport] area shall submit to the Authority and obtain the Authority’s approval of—

[F57(a)any proposal for a major reorganisation of any transport services provided within or to and from that area;]

[F58(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;]

[F58(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 the Railways Board for the provision by the Board 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 [F59or provided by any person in pursuance of an agreement with the Executive under section 19(2) of this Act]; and

(b)subject to section [F60138(1) of this Act][F60104(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;

[F61and, 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 [F62to be raised by precepts or, in Scotland, requisitions under section 13 of this Act,][F62of the grants which will be needed to enable the Executive to comply with their obligation under section 11(1) of this Act][F63and, 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.]]

[F64(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 [F56designated][F56passenger transport] 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 [F65to issue a precept][F65to make a grant] under section 13 of this Act to meet any cost incurred by the Executive in consequence of the direction.]

[F66(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, [F67to 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 [F56designated][F56passenger 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.

Textual Amendments

F56Words “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)

F58S. 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)

F60Words 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

F62Words “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)

F63Words repealed (S.) by Transport Act 1985 (c. 67, SIF 126), ss 57(6), 139(3) Sch. 3 para. 10(3), Sch. 8

F65Words “to make a grant" substituted (S.) for words “to issue a precept" by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 18 para. 7(c)

Modifications etc. (not altering text)

C19S. 15(2) excluded (27.7.1993) by 1993 c. xv, s. 66(5)

[F6815A Additional provisions as to control of Executive by Authority.U.K.

[F69(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.]

16 Publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities. U.K.

(1)The Authority for any [F70area designated by an order under section 9(1) of this Act][F70passenger 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 [F71as the Minister may direct][F71as 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 [F72by the order aforesaid][F72by 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 [F73which do not, [F74and if section 19(3)(a) of this Act had not passed would not], require authorisation by a road service licence][F73other 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; [F75and

(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.]

[F76(3)If, where the Executive or any subsidiary of theirs carry on such business as aforesaid, it appears at any time to the Minister that, having regard to all the circumstances appearing to the Minister to be relevant, the charges made for the services aforesaid provided by the Executive or subsidiary are unduly low in comparison with the cost of providing them, the Minister shall, after consultation with the Authority and with the Executive, either—

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

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

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

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

Textual Amendments

F70Words 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)

F71Words “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

F72Words 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)

F74Words 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)

C26S. 16(2) excluded (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(6)

Reorganisation of passenger transport in Passenger Transport AreasU.K.

[F7717 Transfer to Executive of local authority transport undertakings.U.K.

(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 M7Water 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.]

Textual Amendments

Marginal Citations

18, 19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78E+W+S

Textual Amendments

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

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

(2)Without prejudice to their [F80duty under section 9A(3)] of this Act, it shall be the special duty of the Executive for a [F81passenger transport] area. . . F82

(a)to. . . F83 keep under review, the railway passenger services provided by the Railways Board 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, to enter into such agreements with that Board as the Authority may approve for securing that the Board provide such railway passenger services as the Authority [F84consider it appropriate to secure to meet any public transport requirements within that area].

(3)The Railways Board 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 the Railways Board in respect of the railway passenger services provided by the Board 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 the Railways Board 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 the Board 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 [F81passenger transport] area in Scotland or Wales the Minister shall consult with the Secretary of State.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86E+W+S

GeneralU.K.

22 Provisions as to regulations and orders under Part II.U.K.

(1)In relation to orders. . . F87 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. . . F87 made under this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88

Textual Amendments

23 Consents of, or directions by, Minister under Part II.U.K.

(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 [F89passenger 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 [F90or an Authority for a [F89passenger transport] area] gives directions under this Part of this Act to give effect to those directions.

(3)Any direction given by the Minister [F90or an Authority for a [F89passenger transport] area] under this Part of this Act shall be in writing.

Textual Amendments

F89Words “passenger transport" substituted (E.W.S.) for “designated" by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 2(a)

Valid from 01/04/1994

[F9123A Interpretation of certain provisions of this Part relating to railways.U.K.

(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 M8Companies Act 1985.]

Textual Amendments

F91S. 23A inserted (1.4.1994) by 1993 c. 43, s. 36(3); S.I. 1994/571, art. 5

Marginal Citations

Part IIIU.K. Bus and Ferry Services

National Bus Company and Scottish Transport GroupU.K.

24 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.

Textual Amendments

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)

C29Power to exclude s. 24(2) conferred (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 60(2)

C31Power 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F552

(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.

Extent Information

E10This version of this provision extends to Northern Ireland only; a separate version has been created for Great Britain only.

Textual Amendments

Modifications etc. (not altering text)

[F9825General powers of Bus Company.U.K.

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.]

Textual Amendments

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

26 General powers of Scottish Group.U.K.

(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 [F99Highland 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.

27 Financial provisions with respect to Bus Company and Scottish Group.U.K.

(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 [F100to 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)[F101The Bus Company and] the Scottish Group shall [F101each] 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 [F102the 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 [F102Company or, as the case may be,] Group,

shall not exceed—

F103[(i)for the Bus Company, [F104the limit mentioned in subsection (4) of this section];]

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

[F105F106(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.]

Textual Amendments

F100Words in s. 27(1) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

F101Words in s. 27(2) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

F102Words in s. 27(3) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

F103S. 27(3)(i) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

F106S. 27(4)(5) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

28 Transfer to Bus Company or Scottish Group of certain securities, rights and liabilities.U.K.

F107[(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 [F108(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; [F108and 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)[F109The 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 [F110between 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 [F110the 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, [F110the 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 [F111(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.

Textual Amendments

F107S. 28(1) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

F108Words in s. 28(3) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

F109Words in s. 28(4) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

F110Words in s. 28(5) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

F111Words in s. 28(6) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

29 Transfer of certain property, rights and liabilities between Railways Board and Bus Company or Scottish Group.U.K.

(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 [F112Bus Company and] the Scottish Group [F112respectively], 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.

[F113(4)Notwithstanding anything in section 4 of the Act of 1962, [F113as 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 [F114subsection (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].

Textual Amendments

F112In 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).

F113S. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115E+W+S

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 M9Road 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 M10Local Government Act 1933, Part VI of the M11Local Government (Scotland) Act 1947, or Part II of the M12Local 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.

Assistance for bus and ferry servicesU.K.

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 [F116wholly 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 M13Hire-Purchase Act 1965 or, as the case may be, the M14Hire-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.

[F117(d)bus service” has the same meaning as in section 92 of the M15Finance 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.

33(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

(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.

Textual Amendments

Modifications etc. (not altering text)

C32The 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,. . . F120 or [F121district] 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. . . F122 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.

[F123(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F124

Extent Information

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

Textual Amendments

[F55334 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 regional or islands 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 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 any of the councils aforesaid 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 regional or islands councils in respect of expenditure incurred by such a 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.]

Extent Information

E11This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

Modifications etc. (not altering text)

Further provision relating to public service vehiclesE+W+S

35

(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127E+W+S

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,. . . F128

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129

Part IVU.K. Further Provisions as to Boards, New Authorities and Transport Services

Railways BoardU.K.

38 Composition of Railways Board and removal of requirement for regional boards.U.K.

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130

Textual Amendments

Modifications etc. (not altering text)

C33The 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.

C34The “said Board" means the Railways Board

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131E+W+S

Textual Amendments

40 Grants pending elimination of surplus track and signalling equipment.E+W+S

(1)Subject to the provisions of this section, the Minister may, for each of the five years beginning with 1969, make to the Railways Board a grant towards the expenditure of the Board in respect of track and signalling equipment which is in that year in the possession of the Board but which is in that year, or is likely within those five years to become, surplus to their requirements.

(2)The amount of any grant under this section shall be determined by the Minister after consultation with the Railways Board, and the amount of the grant for each of the said years shall be so determined before 1st January 1969 in such manner that—

(a)the amount for each year after the first is less than that for the preceding year; and

(b)the aggregate amount of the grants does not exceed £50 million.

(3)Any grant under this section shall be made on such terms and conditions as the Minister may determine.

(4)The approval of the Treasury shall be required for the making of any grant under this section and for any determination of the Minister under subsection (2) or (3) thereof.

(5)The report of the Railways Board under section 27(8) of the Act of 1962 for any year in respect of which a grant is made to the Board under this section shall include a statement of the amount of that grant.

Additional financial provisions with respect to Boards and new authoritiesU.K.

41 Financial provisions as to Boards and new authorities.U.K.

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

(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.

F134(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.

Textual Amendments

F134S. 41(9) omitted (01.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch., para. 21(3).

Modifications etc. (not altering text)

C36The 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.U.K.

(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.

(3)Without prejudice to section 53(5) of this Act, the Minister may from time to time by order vary the amount [F135of the commencing capital debt of the Board as determined by or under any enactment for the time being in force, where that appears to him expedient to take account of any transfer of property, rights or liabilities under section 7(5) or (6) or 8(4) of this Act].

(4)Any order under subsection (3) of this section 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 Board.

(5)The Minister’s power to make an order under subsection (3) 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.

(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

(b)the Board’s commencing capital debt,

[F136shall 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.

43 Additional financial provisions as to Waterways Board.U.K.

(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.

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F138

(5)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.

44 Account by Minister of receipt and disposal of certain sums.U.K.

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

F140[(iii)under the said section 20(1) as applied by section. . . F141 27(1) of this Act to. . . F141 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. . . F142; or

F143[(iii)by way of interest on, or the repayment of, the commencing capital debt of. . . F141 the Bus Company under Schedule 2 to this Act; or]

(iv)in respect of any surplus of. . . F142 the Railways Board or the Waterways Board,

are required by section 20(5),. . . F142 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. . . F142,. . . F141 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.

(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) ”.

Textual Amendments

F139S. 44(1)(a)(ii) repealed by S.I. 1973/338, Sch. 2

F140S. 44(1)(a)(iii) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

F142Words repealed by S.I. 1973/338, Sch. 2

F143S. 44(1)(b)(iii) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

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.

Additional duties of Boards and new authoritiesU.K.

45 Duty of Freight Corporation and Railways Board to review organisation.U.K.

(1)It shall be the duty—

(a)of the Railways Board forthwith after the appointed day for the purposes of this section,. . . F144

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F145

to undertake a review of the affairs of the Board. . . F146 for the purpose of determining whether the carrying on of their activities is organised, so far as regards the direction thereof, in the most efficient manner and to report their conclusions to the Minister, and so often thereafter as occasion seems to them to require it, or as the Minister may require, to undertake a further such review and to report similarly.

(2)Before reaching conclusions in consequence of a review undertaken in pursuance of subsection (1) of this section, the Board. . . F146 shall seek consultation with organisations appearing to them to represent substantial proportions of, or of any class of, the persons in the employment of, or of any subsidiary of, the Board. . . F146

(3)The first report under subsection (1) of this section by the Railways Board. . . F146 must be made before the expiration of the period of twelve months beginning with the appointed day referred to in paragraph (a) or, as the case may be, paragraph (b) of that subsection or such longer period as the Minister may allow.

(4)The Minister shall lay before each House of Parliament a copy of each report under subsection (1) of this section.

(5)After considering any report made to him under subsection (1) of this section, the Minister may give to the Railways Board. . . F146 such directions as, after consultation with [F147the Board], appear to him to be requisite to secure that the carrying on of their. . . F144 activities is organised, so far as regards the direction thereof, in the most efficient manner.

(6)The Railways Board. . . F146 shall not make, or permit to be made, any substantial change in the manner in which the carrying on of their activities is organised, so far as regards the direction thereof, except—

(a)in pursuance of a direction given by the Minister under subsection (5) of this section. . . F148 or

(b)in accordance with a scheme duly approved under section 7 of this Act; or

(c)in accordance with an order under section 8 of this Act; or

(d)with the consent of the Minister.

46 Duty of Boards and new authorities to promote research and development.U.K.

(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 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 ”.

Modifications etc. (not altering text)

C39The 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 authoritiesU.K.

47 Extension to new authorities of certain functions of Boards.U.K.

(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 [F149the 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.

Textual Amendments

F149Words in s. 47(2) repealed (G.B.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

48 Manufacture, repair and supply.U.K.

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

(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.

Modifications etc. (not altering text)

C42Part 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.U.K.

(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.

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F150

Textual Amendments

Modifications etc. (not altering text)

C43S. 49 restricted (E.W.S.) (1.1.1993) by S.I. 1992/3060, reg.4(2).

C44Part 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.U.K.

(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,. . . F151 and Waterways Board shall each have power, with the consent of the Minister, 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.

(2)The Railways Board shall have power to provide and manage hotels in any part of Great Britain and, with the consent of the Minister, elsewhere;and the following provisions of the Act of 1962, that is to say—

  • section 6 (which permits the Board to provide hotels only in places where those using the railway services provided by the Board may require them and to exercise their power of managing hotels only with the consent of the minister); and

  • section 25(3) (which prevents the Board from having any subsidiary, other than the Hotel Company, which owns or manages a hotel),

shall cease to have effect.

(3)The Waterways Board, [F152the Bus Company] and the 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 [F152the Bus Company] or Scottish Group may require them, for use both by those and other persons.

(4)In subsections (2) and (3) of this section the references to hotels include references 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, [F153the Bus Company] or the 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, 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, 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 ”.

Textual Amendments

F152Words in s. 50(3) repealed (E.W.S.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

F153Words in s. 50(4) repealed (E.W.S.) (1. 4. 1991) by S.I. 1991/510, reg. 5,Sch.

Modifications etc. (not altering text)

C45S. 50(1)(2) restricted (E.W.S) (1.1.1993) by S.I. 1992/3060, reg.4(2).

C46Part 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.

C48The 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.

51 Subsidiaries and joint subsidiaries.U.K.

(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 Parts V and 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 has not been obtained), and

(b)does not do anything which the Minister has directed any of those authorities not to do, and

(c)does not, except with the consent of the Minister, borrow money from any person other than those authorities, and

(d)does not, except with the consent of the Minister, raise money by the issue of shares or stock to any person other than those authorities;

and the Minister may give to those authorities such directions as appear to him appropriate for ensuring that they carry out the duty imposed on them by this subsection.

(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.

Modifications etc. (not altering text)

C49The 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. U.K.

(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. . . F154 powers of compulsory purchase for the purpose of their business) activities carried on by any of the Boards. . . F154 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. . . F154.

(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 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.

Textual Amendments

Modifications etc. (not altering text)

C53The 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.U.K.

53 Provisions with respect to Holding Company. U.K.

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155

(c)where by virtue of paragraph (a). . . F155 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). . . F155 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.

Textual Amendments

Modifications etc. (not altering text)

Miscellaneous further provisions with respect to transport servicesU.K.

54 Railway closures.E+W+S

(1)In discharging any of his functions under subsection (8) or (10) of section 56 of the Act of 1962 or under subsection (5) of this section in relation to, or to a proposal by the Railways Board or [F156the London Board][F156London Regional Transport] for, the discontinuance of all railway passenger services from any station or on any line (hereafter in this section, as in that section, referred to as a closure), the Minister shall have regard to any matters which for the time being appear to him to be relevant, including any social or economic considerations, and shall not give his consent to a proposed closure—

(a)unless he is satisfied that a reasonable opportunity has been afforded for the making to the Minister of representations with respect to the closure by or on behalf of persons who are employed by the Board concerned for the purposes of, or in connection with, the services in question and who appear to the Minister to be likely to be directly affected by the closure; or

(b)before he has considered any representations made while that opportunity remains available which he is satisfied are either made by such persons as aforesaid or made on behalf of such persons by an organisation appearing to him to represent such persons.

(2)In the case of a proposed closure of a station from which, or of a line on the whole or part of which, railway passenger services fall to be provided by the Railways Board in pursuance of an agreement under section 20(2)(b) of this Act with the Executive for an area [F157which is a passenger transport area for the purposes of Part II of this Act], the Board shall not publish a notice of that closure in pursuance of subsection (7) of the said section 56 without the consent of that Executive to its publication; and if the Board publish the notice before obtaining that consent, the notice shall be of no effect unless before the expiration of the period fixed by the notice for objecting to the closure either—

(a)the Executive have informed the Board in writing that they consent to the publication; or

(b)the Minister, on an application made for the purpose by the Board, whether before or after the publication of the notice, and after affording the Executive what the Minister considers a reasonable opportunity to make any representations, has directed that the notice shall have effect notwithstanding that the Executive have not consented to its publication;

but the giving by the Executive of their consent to publication of a notice in pursuance of the said subsection (7) shall not affect the right of the Executive under subsection (4) of this section to oppose the closure.

(3)Where, in the case of any proposed closure, subsection (2) of this section does not apply but the proposal is for the closure of a station, or of the whole or part of a line, which is situated within [F158any such area as is mentioned in that subsection], the Railways Board shall send to the Executive for that area a copy of the notice of the closure published by the Board in pursuance of the said subsection (7).

(4)Where, in the case of any closure to which subsection (2) or (3) of this section applies, notice of the closure has been published by the Railways Board in pursuance of the said subsection (7) (not being a notice which under the said subsection (2) is of no effect), the Executive concerned may, within the period specified in the notice for objecting to the closure, lodge with the Minister a statement in writing that they oppose the closure and of their reasons therefor; and where the Executive lodge such a statement with the Minister they shall send a copy of that statement to the Board and, notwithstanding that no objection is lodged in accordance with subsection (8) of the said section 56, the closure shall not be proceeded with until the Minister has given his consent.

(5)In the case of any closure requiring the consent of the Minister under the said section 56 or under subsection (4) of this section—

(a)the Minister may give his consent subject to such conditions as he thinks fit, including conditions to be complied with after the closure;

(b)[F159subject to section 119(4) of the Transport Act 1985] the Minister may from time to time vary or revoke the conditions for the time being required to be complied with in connection with the closure, whether the closure took place before or after the coming into force of this subsection;

(c)those conditions may include conditions [F160requiring the Railways Board to provide or (as the case may be) secure the provision of alternative services; and]

(d)whether before or after the closure, and whether the closure took place before or after the coming into force of this subsection, the Minister may from time to time give such directions to the Railways Board or, [F161(as the case may be) to London Regional Transport or, in relation to services provided by a subsidiary of London Regional Transport, to that subsidiary,. . . F162]. . . F162, as he thinks fit in connection with the closure;

and where any such condition or direction relates to the provision or assistance in the provision of alternative services, the Minister. . . F163 may refer to an Area Committee within the meaning of the said section 56 any matter relating to those services, and the committee shall consider and report on that matter to the Minister. . . F163.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164

(7)For the purposes of [F165subsection (5)] of this section any conditions imposed under subsection (11) of the said section 56, so far as still required to be complied with immediately before the coming into force of the said subsection (5), shall have effect as if imposed under the said subsection (5).

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166

Textual Amendments

F156Words “London Regional Transport" substituted for words “the London Board" in relation to services provided by London Regional Transport by virtue of London Regional Transport Act 1984 (c. 32, SIF 126), s. 42(3)(6)(a)

F161Words inserted by London Regional Transport Act 1984 (c. 3 SIF 126), Sch. 6

F162Words repealed by Transport Act 1985 (c. 67, SIF 126), ss. 123(8)(c), 139(3), Sch. 8

Modifications etc. (not altering text)

55 Amendments as to Transport Consultative Committees.U.K.

(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 the Consultative Committees established under that section falls to be exercised—

(a)shall not include any services or facilities provided by the Waterways Board or provided by virtue of section 48 or section 50(2) or (7) of this Act; but

(b)subject to paragraph (a) of this subsection shall, in addition to the services and facilities provided by any of the Boards other than the Waterways Board, include the services and facilities provided by any of the following bodies, namely,. . . F167 any subsidiary. . . F167 of any of the Boards other than the Waterways Board;

and accordingly—

(i)the reference in the said subsection (4) to any of the Boards shall be construed as a reference to any of the bodies aforesaid;

(ii)the reference in paragraph (b) of that subsection to a Board shall be construed as excluding a reference to the Waterways Board. . . F167;

(iii)the references in that subsection and in subsection (6) of the said section 56 to the Board concerned shall be construed as a reference to whichever of the Boards. . . F167 are concerned either directly or through a subsidiary of theirs;

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F168

and for the purposes of this subsection the provisions of section 51(5) of this Act shall be disregarded.

(2)Without prejudice to the provisions of section 54 of this Act and of the foregoing subsection, 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 the Area Committee for Scotland established under that section falls to be exercised shall include the services and facilities provided by [F169Caledonian MacBrayne Limited]; and for the purposes of this subsection the said section 56 shall have effect subject to the following modifications, that is to say—

(a)in relation to [F170Caledonian MacBrayne Limited], the Central Committee shall have no functions, and the Area Committee for Scotland shall have no functions in relation to the Central Committee;

(b)for references to the Minister in subsections (4) and (6) there shall be substituted references to the Secretary of State;

(c)the reference in subsection (4)(b) to a Board shall be construed as a reference to [F171Caledonian MacBrayne Limited], and the references in that subsection and in subsection (6) to the Board concerned shall be construed as a reference to [F171Caledonian MacBrayne Limited];

(d)in subsection (15) for the words from the beginning to “Minister", where second occurring, there shall be substituted the words “ The Area Committee for Scotland shall make an annual report to the Secretary of State on the services and facilities provided by the Scottish Group and their subsidiaries in relation to which the Committee have functions under subsection (4) of this section, and the Secretary of State ”.

(3)In the case of each of the Consultative Committees aforesaid, the Minister shall provide, or make arrangements under subsection (4) of this section for providing, that committee with such officers and servants, and such office accommodation, as appear to the Minister, after consultation with the committee, to be requisite for the proper discharge of the committee’s functions and shall defray any expenditure incurred by the committee with the Minister’s approval in the discharge of those functions; and the Minister may pay to the members of any such committee allowances in respect of loss of remunerative time in accordance with such scale as the Minister may with the approval of the Treasury allow and such travelling allowances and allowances in respect of out-of-pocket expenses as the Minister may determine.

(4)The Minister may, in the case of any such committee, instead of himself providing the officers and servants or office accommodation aforesaid, arrange with any of the Boards other than the Waterways Board. . . F167 for those officers and servants or that accommodation to be provided by that Board. . . F167in return for such payments by the Minister to the Board. . . F167 as may be agreed between them.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F172

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.

(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.

[F173(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.]

[F174(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 regional 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,. . . F175 or [F176district] in England or Wales;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F177

[F178(bb)a metropolitan county passenger transport authority;]

(c)the Council of the Isles of Scilly; or

(d)any [F179regional or islands] council in Scotland;

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.

57 Grants for research or development in connection with transport services, etc.U.K.

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.

Valid from 01/04/2001

[F18057A Grants for research or development in connection with transport services by inland waterways in ScotlandU.K.

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.]

Textual Amendments

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F181U.K.

Part VE+W+S Regulation of Carriage of Goods by Road

Modifications etc. (not altering text)

C62Pt. V extended by International Road Haulage Permits Act 1975 (c. 46, SIF 126), s. 1(8); modified by S.I. 1980/637, reg. 34(1), Sch. 5 and S.I. 1984/176 regs. 7(2), 32(3), Sch. 4 amended by S.I. 1984/176 reg. 36(7)

C63Part. V (ss. 59–94) modified by S.I. 1984/176, reg. 9(4) (as substituted by S.I. 1987/841, reg. 5)

C64Part. V (ss. 59–94) modified by Companies Act 1989 (c. 40, SIF 27), s. 144(4), Sch. 18 para. 7

The licensing authorityE+W+S

59 The licensing authority for Part V.E+W+S

[F182(1)The traffic commissioner for any traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981 shall exercise the functions conferred on him by this Part of this Act and is in this Part of this Act referred to as “the licensing authority.]

(2)In the exercise of his functions under this Part of this Act. . . F183 the licensing authority shall act under the general directions of the Minister.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F184

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185

Operators’ licencesE+W+S

60 Users of certain goods vehicles to hold operators’ licences.E+W+S

(1)Subject to subsection (2) of this section and to the other provisions of this Part of this Act, no person shall, after the appointed day for the purposes of this section, use a goods vehicle on a road for the carriage of goods—

(a)for hire or reward; or

(b)for or in connection with any trade or business carried on by him,

except under a licence granted under this Part of this Act (hereafter in this Part of this Act referred to as an “operator’s licence”).

(2)Subsection (1) of this section shall not apply—

(a)to the use of a small goods vehicle as defined in subsection (4) of this section; or

(b)to the use of a vehicle of any class specified in regulations.

(3)It is hereby declared that, for the purposes of this Part of this Act, the performance by a local or public authority of their functions constitutes the carrying on of a business.

(4)For the purposes of subsection (2)(a) of this section a small goods vehicle is a goods vehicle which—

(a)does not form part of a vehicle combination and has a relevant plated weight not exceeding [F1863.5 tonnes] or (not having a relevant plated weight) has an unladen weight not exceeding [F1861525 kilograms]; or

(b)forms part of a vehicle combination (not being an articulated combination) which is such that—

(i)if all the vehicles comprised in the combination (or all of them except any small trailer) have relevant plated weights, the aggregate of the relevant plated weights of the vehicles comprised in the combination (exclusive of any such trailer) does not exceed [F1863.5 tonnes];

(ii)in any other case, the aggregate of the unladen weights of those vehicles (exclusive of any such trailer) does not exceed [F1861525 kilograms]; or

(c)forms part of an articulated combination which is such that—

(i)if the trailer comprised in the combination has a relevant plated weight, the aggregate of the unladen weight of the motor vehicle comprised in the combination and the relevant plated weight of that trailer does not exceed [F1863.5 tonnes];

(ii)in any other case, the aggregate of the unladen weights of the motor vehicle and the trailer comprised in the combination does not exceed [F1861525 kilograms].

In any provision of this subsection “relevant plated weight” means a plated weight of the description specified in relation to that provision by regulations; and in paragraph (b) of this subsection “small trailer” means a trailer having an unladen weight not exceeding [F1871020 kilograms].

(5)A person who uses a vehicle in contravention of this section shall be liable on summary conviction to a fine not exceeding [F188level 4 on the standard scale].

Textual Amendments

F186Words substituted by S.I. 1981/1373, Sch. Pt. IIIA (as amended by S.I. 1984/177, reg. 2)

F187Words substituted by S.I. 1981/1373, Sch. Pt. IIIA

Modifications etc. (not altering text)

C66S. 60(1) excluded by S.I. 1984/176, reg. 34A, (as inserted by S.I. 1990/1849, reg. 6)

61 Authorised vehicles.E+W+S

(1)Subject to subsection (2) of this section, the vehicles authorised to be used under an operator’s licence shall be—

(a)such motor vehicles, being vehicles belonging to the holder of the licence or in his possession under an agreement for hire-purchase, hire or loan, as are specified in the licence;

(b)trailers from time to time belonging to the holder of the licence or in his possession under an agreement for hire-purchase, hire or loan, not exceeding at any time such maximum number as is specified in the licence;

(c)unless the licence does not permit the addition of authorised vehicles under this paragraph and subject to subsection (3) of this section, motor vehicles not exceeding such maximum number as is specified in the licence, being vehicles belonging to the holder of the licence or in his possession under an agreement for hire-purchase, hire or loan, but acquired by him, or coming into his possession under such an agreement, only after the grant of the licence.

For the purposes of paragraphs (b) and (c) of this subsection different types of trailers or different types of motor vehicles, as the case may be, may be distinguished in a licence and a maximum number may be specified in the licence for trailers or vehicles of each type.

(2)An operator’s licence shall not authorise the use of any vehicle unless the place which is for the time being its operating centre—

(a)is in the area of the licensing authority by whom the licence was granted; or

(b)is outside that area and has not been the operating centre of that vehicle for a period of more than three months.

For the purposes of paragraph (b) of this subsection, two or more successive periods which are not separated from each other by an interval of at least three months shall be treated as a single period having a duration equal to the total duration of those periods.

(3)A motor vehicle which, after the grant of an operator’s licence, is acquired by the holder of the licence, or comes into his possession under an agreement for hire-purchase, hire or loan, and thereupon becomes an authorised vehicle by virtue of subsection (1)(c) of this section, shall cease to be an authorised vehicle on the expiration of one month from the date on which it was acquired by him or came into his possession unless before the expiration of that period he delivers to the licensing authority a notice in such form as the authority may require to the effect that the vehicle has been acquired by him, or has come into his possession, as the case may be.

(4)Where the licensing authority by whom a licence was granted receives a notice under subsection (3) of this section to the effect that the holder of the licence has acquired, or come into possession of, a vehicle as mentioned in that subsection, he shall, if the vehicle has become an authorised vehicle by virtue of subsection (1)(c) of this section, vary the licence by directing that the vehicle be specified therein.

(5)A motor vehicle specified in an operator’s licence shall not, while it remains so specified, be capable of being effectively specified in any other operator’s licence.

(6)Where it comes to the knowledge of the licensing authority by whom an operator’s licence was granted that a vehicle specified therein—

(a)has ceased to be used under the licence (otherwise than because of a fluctuation in business or because it is undergoing repair or maintenance); or

(b)is specified in another operator’s licence,

he may vary the licence by directing that the vehicle be removed therefrom.

Prospective

[F18961A Maximum numbers of vehicles.E+W+S

(1)An operator’s licence—

(a)shall specify a maximum number for motor vehicles; and

(b)may specify a maximum number for motor vehicles the relevant weight of which exceeds a weight specified in the licence.

(2)An operator’s licence that does not contain a provision such as is mentioned in section 61(1A)(c) of this Act—

(a)shall specify a maximum number for trailers; and

(b)may specify a maximum number for trailers the relevant weight of which exceeds a weight specified in the licence.

(3)The number of vehicles being used under an operator’s licence by virtue of section 61(1)(c) of this Act at any one time may not exceed the maximum number specified in the licence under subsection (1)(a) of this section, less however many motor vehicles are specified in the licence.

(4)Where under subsection (1)(b) of this section an operator’s licence specifies a maximum number for motor vehicles the relevant weight of which exceeds a specified weight—

(a)the number of such vehicles being used under the licence by virtue of section 61(1)(c) of this Act at any one time may not exceed that maximum number, less however many motor vehicles the relevant weight of which exceeds the specified weight are specified in the licence; and

(b)the number of such vehicles that are specified in the licence and being used under it at any one time may not exceed that maximum number.

(5)The number of trailers being used under an operator’s licence at any one time may not exceed the maximum number specified in the licence under subsection (2)(a) of this section.

(6)Where under subsection (2)(b) of this section an operator’s licence specifies a maximum number for trailers the relevant weight of which exceeds a specified weight, the number of such trailers being used under the licence at any one time may not exceed that maximum number.

(7)The definition of “relevant weight” in section 61(1B) of this Act applies for the purposes of this section as it applies for the purposes of section 61(1A).

(8)If subsection (3), (4)(a) or (b), (5) or (6) of this section is contravened, the licence-holder shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.]

Textual Amendments

F189S. 61A inserted (prosp.) by 1994 c. 40, s. 42(3), 82(4)

62 Applications for operators’ licences.E+W+S

(1)A person may apply for an operator’s licence to the licensing authority for each area in which, if the licence is granted, the applicant will have an operating centre or operating centres; and a person may hold separate operators’ licences in respect of different areas but shall not at any time hold more than one such licence in respect of the same area.

(2)A person applying for an operator’s licence shall give to the licensing authority a statement giving such particulars as the authority may require of the motor vehicles proposed to be used under the licence which—

(a)belong to the applicant, or

(b)are in his possession under an agreement for hire-purchase, hire or loan, or

(c)he intends, if the application is granted, to acquire, or to obtain possession of under such an agreement,

and also stating the number and type of any trailers proposed to be so used.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F190

(4)A person applying for an operator’s licence shall give to the licensing authority any further information which he may reasonably require for the discharge of his duties in relation to the application, and in particular shall, if he is required by the licensing authority so to do, give to him—

(a)such particulars as he may require with respect to the purposes for which the vehicles referred to in the statement under subsection (2) of this section are proposed to be used;

(b)particulars of the arrangements for securing that Part VI of this Act (or, so long as those sections remain in force, sections 73 and 186 of the Act of 1960) will be complied with in the case of those vehicles, and for securing that those vehicles are not overloaded;

(c)particulars of the facilities and arrangements for securing that those vehicles will be maintained in a fit and serviceable condition;

(d)particulars of any activities carried on, at any time before the making of the application, by—

(i)the applicant,

(ii)any company of which the applicant is or has been a director;

(iii)where the applicant is a company, any person who is a director of the company;

(iv)where the applicant proposes to operate the said vehicles in partnership with other persons, any of those other persons;

(v)any company of which any such person as is mentioned in sub-paragraph (iii) or (iv) of this paragraph is or has been a director;

(vi)any company of which the applicant is a subsidiary,

being activities in carrying on any trade or business in the course of which vehicles of any description are operated, or as a person employed for the purposes of any such trade or business, or as a director of a company carrying on any such trade or business;

(e)particulars of any convictions during the five years preceding the making of the application—

(i)of the applicant; and

(ii)of any other person as to whose activities particulars may be required to be given under paragraph (d) of this subsection,

being convictions such as are mentioned in subsection (4) of section 69 of this Act (taking references in that subsection to the holder of the licence as references to the applicant or, as the case may be, to that other person);

(f)particulars of the financial resources which are or are likely to be available to the applicant;

(g)where the applicant is a company, the names of the directors and officers of the company, and of any company of which the first-mentioned company is a subsidiary, and where the authorised vehicles are proposed to be operated by the applicant in partnership with other persons, the names of those other pcrsons.

[F191(4A)A person who has applied for an operator’s licence shall forthwith notify the licensing authority if, in the interval between the making of the application and the date on which it is disposed of, a conviction occurs which, if the period of five years specified in paragraph (e) of subsection (4) of this section had not expired, would be a conviction falling within that paragraph; and for the purposes of this subsection an application shall be taken to be disposed of,—

(a)if the licensing authority is required, by virtue of regulations under section 91 of this Act, to cause a statement containing his decision on the application to be issued, on the date on which that statement is issued, and

(b)in any other case, on the date on which the applicant receives notice from the licensing authority of his decision on the application.

(4B)A person who knowingly fails to comply with subsection (4A) of this section shall be liable on summary conviction to a fine not exceeding [F192level 4 on the standard scale], and [F193section 6 of the Road Traffic Offenders Act 1988] (time for bringing summary proceedings for certain offences) shall apply in relation to an offence under this subsection as it applies in relation to the offences [F194under the Road Traffic Act 1988 or the Road Traffic Offenders Act 1988] to which it is applied by virtue of [F195Schedule 1 to the Road Traffic Offenders Act 1988].]

(5)Any statement or information to be given to a licensing authority under this section shall be given in such form as the authority may require.

63 Objections to grant of operators’ licences. E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F196

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F197

(3)Any of the following persons, that is to say—

(a)a prescribed trade union or association, being a trade union or association whose members consist of or include—

(i)persons holding operators’ licences or carriers’ licences; or

(ii)employees of any such persons;

(b)a chief officer of police;

(c)a local authority,

[F198(d)a planning authority]

may object to the grant of any application [F199for an operator’s licence] on the ground that any of the requirements mentioned in section 64(2) of this Act are not satisfied in the case of the application.

(4)Any objection under this section shall be made within the prescribed time and in the prescribed manner (which shall be stated in the notice published under subsection (1) of this section) and shall contain particulars of the ground on which it is made.

(5)The onus of proof of the existence of the ground on which an objection is made shall lie on the objector.

(6)In this section—

  • local authority” means—

(a)as respects England and Wales, the council of a county,. . . F200, [F201district] or London borough,. . . F202 and the Common Council of the City of London;

(b)as respects Scotland, a [F203regional, islands or district] council;

  • [F204planning authority” means any body other than a local authority which by virtue of any statutory provision for the time being in force is—

(a)in England and Wales, the local planning authority for any area for the purpose of determining applications for planning permission under [F205Part III of the Town and Country Planning Act 1990] (general planning control); and

(b)in Scotland, the planning authority for any area for the purpose of determining applications for planning permission under Part III of the Town and Country Planning (Scotland) Act 1972 (general planning control);

  • statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978; and]

  • trade union” has the same meaning as in the M16Trade Union Act 1913.

64 Decision on applications for operators’ licences.E+W+S

(1)[F206Subject to section 69E of this Act]On an application for an operator’s licence, the licensing authority shall in every case consider whether the requirements mentioned in paragraphs (a) to (d) of subsection (2) of this section, and, if the licensing authority in any case thinks fit, paragraph (e) of that subsection, are satisfied, and in doing so shall have regard to any objection duly made under section 63 of this Act.

(2)The said requirements are as follows—

(a)that the applicant is a fit person to hold an operator’s licence, having regard to the matters of which particulars may be required to be given under section 62(4)(d) and (e) of this Act [F207and to any conviction required to be notified in accordance with section 62(4A) thereof];

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

(c)that there will be satisfactory arrangements for securing that Part VI of this Act (or, so long as those sections remain in force, sections 73 and 186 of the Act of 1960) will be complied with in the case of the authorised vehicles, and for securing that those vehicles are not overloaded;

(d)that there will be satisfactory facilities and arrangements for maintaining the authorised vehicles in a fit and serviceable condition [F209and that the place which is to be the operating centre for those vehicles is suitable for that purpose];

(e)that the provision of such facilities and arrangements as are mentioned in paragraph (d) of this subsection [F210and of a suitable operating centre] will not be prejudiced by reason of the applicant’s having insufficient financial resources for that purpose.

(3)If the licensing authority determines that any requirement which he has taken into consideration in accordance with subsection (1) of this section is not satisfied, he shall refuse the application but, in any other case, he shall, subject to subsection (4) of this section [F211and section 69B of this Act], grant the application.

(4)In any case in which the licensing authority grants an application for an operator’s licence, the licensing authority may issue that licence in the terms applied for or, if the authority thinks fit, subject to either or both of the following modifications or limitations, that is to say—

(a)so that the licence is in respect of motor vehicles other than those of which particulars were contained in the application, or in respect of motor vehicles or trailers greater or less in number than, or differing in type from, those for the use of which authorisation was applied for;

(b)so that the licence does not permit the addition of authorised vehicles under section 61(1)(c) of this Act.

(5)In exercising his functions under this section in relation to the requirement mentioned in subsection (2)(e) thereof, a licensing authority may be assisted by an assessor drawn from a panel of persons appointed by the Minister for that purpose; and there shall be paid by the licensing authority to any such assessor in respect of his services remuneration on a scale prescribed by the Minister with the approval of the Treasury.

Prospective

F21264A Issue of operators’ licences.E+W+S

(1)Subject to subsection (2) of this section and to sections 64B, 66, 69B, 69C and 89(2) of this Act, on granting an application for an operator’s licence, the licensing authority shall issue that licence in the terms applied for.

(2)If the authority has determined that any of the requirements of section 64(3) or (4) of this Act that he has taken into consideration in accordance with section 64(1) of this Act would not be satisfied unless he exercised any of his powers under subsection (3) of this section, he shall exercise those powers accordingly.

(3)The authority may issue the licence in terms that differ from the terms applied for in any of the following respects—

(a)more or fewer motor vehicles are specified in the licence;

(b)different motor vehicles are specified in it;

(c)it includes a provision such as is mentioned in section 61(1A) of this Act;

(d)it includes a provision such as is mentioned in section 61A(1)(b) or (2)(b) of this Act;

(e)higher or lower maximum numbers are specified in it under section 61A of this Act;

(f)fewer places are specified in it as operating centres of the licence-holder.

(4)Any undertakings taken into account by the authority under section 64(6) of this Act that he considers to be material to the granting of the application shall be recorded in the licence issued.

Textual Amendments

F212Ss. 64, 64A substituted (prosp.) for s. 64 by 1994 c. 40, ss. 44(1), 82(4)

Prospective

[F21364B Conditions for securing road safety.E+W+S

(1)A licensing authority, on granting an operator’s licence or on varying such a licence under section 68 of this Act, may attach to it such conditions as he thinks fit for preventing vehicles that are authorised to be used under the licence from causing danger to the public—

(a)at any point where vehicles first join a public road on their way from an operating centre of the licence-holder (or last leave a public road on their way to such an operating centre); and

(b)on any road (other than a public road) along which vehicles are driven between such a point and the operating centre.

(2)On varying an operator’s licence under section 68 of this Act, the licensing authority may vary or remove any condition attached to the licence under this section.

(3)The licensing authority shall not—

(a)attach to an operator’s licence any condition such as is mentioned in this section; or

(b)vary in such manner as imposes new or further restrictions or requirements any condition attached to an operator’s licence under this section,

without first giving the applicant for the licence or (as the case may be) the licence-holder an opportunity of making representations to the authority with respect to the effect on his business of the proposed condition or variation.

(4)The licensing authority shall give special consideration to any representations made under subsection (3) of this section in determining whether to attach the proposed condition or make the proposed variation.

(5)In this section as it applies in relation to England and Wales, “public road” means a highway maintainable at the public expense for the purposes of M17 the Highways Act 1980.

(6)Any person who contravenes any condition attached under this section to a licence of which he is the holder shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.]

Textual Amendments

F213S. 64B inserted (prosp.) by 1994 c. 40, ss. 45, 82(4)

Marginal Citations

65 Conditions as to transport managers.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F214

66 Conditions as to matters required to be notified to licensing authority.E+W+S

(1)A licensing authority, in granting an operator’s licence, may attach thereto such conditions as he thinks fit for requiring the holder to inform him—

(a)of any change, of a kind specified in the conditions, in the organisation, management or ownership of the trade or business in the course of which the authorised vehicles are used;

(b)where the holder of the licence is a company, of any change, or of any change of a kind so specified, in the persons holding shares in the company;

(c)of any other event of a kind so specified affecting the holder of the licence which is relevant to the exercise of any powers of the authority in relation to the licence.

(2)Any person who contravenes any condition attached under this section to a licence of which he is the holder shall be liable on summary conviction to a fine not exceeding [F215level 4 on the standard scale].

67 Duration of operators’ licences and grant of interim licences.E+W+S

(1)There shall be specified in every operator’s licence the date on which the licence is to come into force.

(2)Regulations may specify the dates in the year on which operators’ licences shall expire, and, subject to subsections (4) and (5) of this section, an operator’s licence shall, unless previously revoked, [F216or prematurely terminated under section 69 of this Act] continue in force up till and including that one of the specified dates which occurs next before the expiration of the period of five years beginning with the date on which the licence came into force, or of such other period beginning with that date as the licensing authority may in accordance with the next following subsection direct.

(3)The licensing authority may, on granting an operator’s licence, direct that in the case of that licence the period relevant for the purposes of subsection (2) of this section—

(a)shall be a period shorter than five years [F217if it appears to the licensing authority to be appropriate in the case of any applicant];

(b)shall be a period longer or shorter than five years if the licensing authority is of opinion that it is desirable so to direct in order to arrange a suitable and convenient programme of work for the licensing authority.

(4)If, at the date on which an operator’s licence is due to expire, proceedings are pending before the licensing authority on an application by the holder of that licence for the grant to him of a new licence in substitution therefor, the existing licence shall continue in force until—

(a)the application; and

(b)any appeal under section 70 of this Act arising out of the application,

are disposed of, without prejudice, however, to the exercise in the meantime of the powers conferred by section 69 of this Act.

(5)If an applicant for an operator’s licence so requests, a licensing authority may, if the applicant does not hold an operator’s licence granted by that authority, grant to him, pending the determination of the application, an operator’s licence expressed to continue in force until the date on which any licence granted on the application or on an appeal arising out of it is expressed to come into force or, if no licence is granted as aforesaid, until the application is refused; and a request for the grant of a licence under this subsection shall not for the purposes of section 63 or [F218subsections (1) to (3) of section] 64 of this Act be treated as an application for an operator’s licence [F218but shall be so treated for the purposes of section 64(4) of this Act],. . . F219

Prospective

F22067A Interim licences.E+W+S

(1)Where on any application for an operator’s licence (a “full” licence) the applicant so requests, the licensing authority may grant to him an interim licence.

(2)An interim licence is an operator’s licence that (subject to its revocation or other termination under any provision of this Act or another statutory provision) will continue in force until it terminates under subsection (3), (4) or (5) of this section.

(3)If the licensing authority grants the application and issues to the applicant a full licence—

(a)that is in the terms applied for; or

(b)that is in those terms, subject only to the attachment under section 64B, 66 or 69C of this Act of any conditions that are also attached to the interim licence,

the interim licence shall terminate on the date on which the full licence comes into force.

(4)If, on an appeal arising out of the application, the Transport Tribunal orders the licensing authority to issue a full licence to the applicant, the interim licence shall terminate—

(a)on the date on which the full licence issued in pursuance of the order comes into force; or

(b)at the time at which the application is withdrawn or treated as withdrawn under section 89(3) of this Act.

(5)If neither subsection (3) nor subsection (4) of this section applies, the interim licence shall terminate on the date on which the application is finally disposed of or such earlier date as the applicant may specify in a written request to the licensing authority.

(6)In a case within subsection (5) of this section where the application is granted, the full licence issued to the applicant shall (notwithstanding any statement in it to the contrary) be of no effect before the interim licence terminates.

(7)A request for the grant of an interim licence shall not for the purposes of section 63, 64, 64A, 69B, 69E, 69J or 70 of, or Schedule 8A to, this Act be treated as an application for an operator’s licence, but shall be treated as such an application for any other purposes of this Part of this Act.

(8)The licensing authority may issue an interim licence in the same terms as those applied for in relation to the full licence or in terms that differ from those terms in any of the respects mentioned in section 64A(3) of this Act.

Textual Amendments

F220Ss. 67, 67A substituted (prosp.) for s. 67 by 1994 c. 40, ss. 46, 82(4)

68 Variation of operators’ licences.E+W+S

(1)[F221Subject to section 69E of this Act]On the application of the holder of an operator’s licence, the licensing authority by whom the licence was granted may at any time while it is in force vary the licence by directing—

(a)that additional vehicles be specified therein, that the maximum number of trailers or of motor vehicles specified therein under paragraph (b) or (c) of section 61(1) of this Act be increased, or, if the licence does not permit the addition of authorised vehicles under the said paragraph (c), that it shall so permit and that a maximum be specified under that paragraph accordingly; or

(b)that vehicles specified therein be removed therefrom or that any such maximum as is mentioned in paragraph (a) of this subsection be reduced; or

[F222(c)that an alteration or addition be made in or to any of the matters specified for the purposes of the M18Goods Vehicles (Operators Licences, Qualifications and Fees) Regulations 1984 in a standard licence as defined in Regulations 3(2) of those Regulations]

(d)that an alteration be made in any condition attached to the licence under section 66 of this Act or that any such condition be removed;

[F223or

(e)that a restricted licence as defined in Regulation 3(2) of the said Regulations of 1984 be converted into a standard licence as defined in that Regulation, or vice versa.]

(2)A person applying for a direction under this section shall give to the licensing authority such information as he may reasonably require for the discharge of his duties in relation to the application.

(3)Any information or particulars to be given to a licensing authority under subsection (2) of this section shall be given in such form as the authority may require.

(4)Except in the following cases, that is to say—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F224

(b)where the application is for a direction under subsection (1)(b) of this section; or

[F225(bb)where an application is for a direction as referred to in subsection (1)(c) or (e) of this section; or]

(c)where the licensing authority is satisfied that the application is of so trivial a nature that it is not necessary that an opportunity should be given for objecting to it,

the licensing authority shall publish notice of any application under this section in the manner provided for the publication of notices under subsection (1) of [F226section 63 of this Act]; and where notice of the application is published in pursuance of this subsection the other provisions of the said section 63 and the provisions of section 64 of this Act shall, so far as applicable and subject to any necessary modifications, apply to that application as they apply to an application for the grant of an operator’s licence of which notice is published under subsection (1) of the said section 63.

(5)If an applicant under this section so requests, the licensing authority may, pending the determination of the application, give an interim direction under this section, that is to say, a direction expressed to continue in force only until the application, and any appeal arising out of it, have been disposed of; and a request for such a direction shall not for the purposes of subsection (4) of this section be treated as an application under this section.

Textual Amendments

F222S. 68(1)(c) inserted by S.I. 1984/176. reg. 36(2)(a) as amended by S.I. 1986/666 reg. 8(a)

F223Word “or" and s. 68(1)(e) added by S.I. 1984/176, reg. 36(2)(b)

F225S. 68(4)(bb) inserted by S.I. 1984/176, reg. 36(2A) (as inserted by S.I. 1986/666, reg. 8(b))

Marginal Citations

Prospective

F22768A Interim variations.E+W+S

(1)Where an applicant for the variation of an operator’s licence under section 68 of this Act so requests, the licensing authority may, before he has determined the application, vary the licence by giving an interim direction in respect of it.

(2)An interim direction is a direction under section 68(1) of this Act that is expressed to continue in force until it ceases to have effect under subsection (3) or (4) of this section.

(3)If on determining the application the licensing authority varies the licence by giving a direction in the terms applied for (and does not also under section 64B(1) or (2) or 69C(1) or (3) of this Act attach or vary any conditions), the interim direction shall cease to have effect on the date on which the direction given on the application comes into force.

(4)If subsection (3) of this section does not apply, the interim direction shall cease to have effect on the date on which the application is finally disposed of or such earlier date as the applicant may specify in a written request to the licensing authority.

(5)In a case within subsection (4) of this section where on determining the application the licensing authority gives a direction varying the licence, that direction shall be of no effect before the interim direction ceases to have effect.

(6)A request for an interim direction to be given shall not for the purposes of section 68(4) or 70 of, or Schedule 8A to, this Act be treated as an application for the variation of an operator’s licence, but shall be treated as such an application for any other purposes of this Part of this Act.

Textual Amendments

F227Ss. 68, 68A substituted (prosp.) by 1994 c. 40, ss. 47(1), 82(4)

69 Revocation, suspension and curtailment of operators’ licences.E+W+S

(1)Subject to the provisions of this section, the licensing authority by whom an operator’s licence was granted may direct that it be revoked, suspended, [F228terminated on a date earlier than that on which it would otherwise expire under section 67 of this Act] or curtailed on any of the following grounds—

(a)that the holder of the licence has contravened. . . F229 or any condition attached to his licence under section 66 of this Act;

(b)that during the five years ending with the date on which the direction is given there has been (whether before or after the day on which this section comes into force)—

(i)any such conviction as is mentioned in [F230paragraphs (a) to (ffff)] of subsection (4) of this section or any such prohibition as is mentioned in paragraph (h) of that subsection; or

(ii)any such conviction as is mentioned in paragraph (g) of that subsection on occasions appearing to the licensing authority to be sufficiently numerous to justify the giving of a direction under this subsection;

(c)that the holder of the licence made or procured to be made for the purposes of his application for the licence, or for the purposes of an application for the variation of the licence, a statement of fact which (whether to his knowledge or not) was false, or a statement of intention or expectation which has not been fulfilled;

(d)that the holder of the licence has been adjudicated bankrupt or, where the holder is a company, has gone into liquidation (not being a voluntary liquidation for the purpose of reconstruction);

(e)that there has been since the licence was granted or varied a material change in any of the circumstances of the holder of the licence which were relevant to the grant or variation of his licence;

(f)that the licence is liable to revocation, suspension, [F228premature termination] or curtailment by virtue of a direction under subsection (6) of this section;

and during any time of suspension the licence shall be of no effect.

(2)In any case in which a licensing authority has power to give a direction under the foregoing subsection in respect of any licence, the authority shall also have power to direct that there be attached to the licence any, or any additional, condition such as is mentioned in section 66 of this Act.

(3)Where the existence of any of the grounds mentioned in subsection (1) of this section is brought to the notice of the licensing authority in the case of the holder of any licence granted by him, the authority shall consider whether or not to give a direction under this section in respect of that licence.

[F231(3A)Where the ground mentioned in subsection (1) of this section consists of a conviction mentioned in paragraph (ff) of subsection (4) of this section and there has been, within the 5 years preceding that conviction a previous conviction of the holder of the licence of the offence referred to in that paragraph, the licensing authority shall give a direction under this section to revoke the licence.]

(4)The convictions and prohibitions mentioned in subsection (1)(b) of this section are as follows—

(a)a conviction, in relation to a goods vehicle, of the holder of the licence, or a servant or agent of his [F232of an offence under section 46 of the Road Traffic Act 1972 [F233or section 53 of the Road Traffic Act 1988] (plating certificates and goods vehicle test certificates) or], of contravening any provision (however expressed) contained in or having effect under any enactment (including any enactment passed after this Act) relating to—

(i)the maintenance of vehicles in a fit and serviceable condition;

(ii)limits of speed and weight laden and unladen, and the loading of goods vehicles;

(iii)the licensing of drivers;

(b)a conviction of the holder of the licence under—

(i)this Part of this Act. . . F234;

(ii)section 233 or 235 of the Act of 1960 so far as applicable (by virtue of Schedule 10 to this Act) to licences, authorisations or means of identification under this Part of this Act. . . F234;

(iii)any regulation made under this Act which is prescribed for the purposes of this subsection;

(c)a conviction, in relation to a goods vehicle, of the holder of the licence or a servant or agent of his under, or of conspiracy to contravene, Part VI of this Act or section 73 or 186 of the Act of 1960;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F235

(e)a conviction, in relation to a goods vehicle, of the holder of the licence under, or of conspiracy to contravene, section 200 of the M19Customs and Excise Act 1952, [F236section 11 of the M20Hydrocarbon Oil (Customs and Excise) Act 1971 or section 13 of the M21Hydrocarbon Oil Duties Act 1979] (unlawful use of rebated fuel oil);

[F237(ee)a conviction of the holder of the licence or a servant or agent of his of a contravention, in relation to an international road haulage permit, within the meaning of [F238the Road Traffic Act 1988, of section 169 or 170 of the Road Traffic Act 1972 or of section 173 or 174 of the Road Traffic Act 1988];

(eee)a conviction of the holder of the licence or a servant or agent of his under section 2 of the M22International Road Haulage Permits Act 1975].

(f)a conviction of the holder of the licence under section 18 of the M23Royal Safety Act 1967 [F239or section 59 of the Road Traffic Act 1972][F240or section 74 of the Road Traffic Act 1988] (operator’s duty to inspect, and keep records of inspection of, goods vehicles);

[F241(ff)a conviction of the holder of a licence of an offence under Regulation 33(2) of the Goods Vehicles (Operators’ Licences Qualifications and Fees) Regulations 1984;

(fff)a conviction of the holder of the licence of an offence under Regulation 33(3) of the said Regulations of 1984;]

[F242(ffff)a conviction of the holder of the licence or a servant or agent of his under—

(i)section 3 of the Control of Pollution Act 1974;

(ii)section 2 of the Refuse Disposal (Amenity) Act 1978;

(iii)section 1 of the Control of Pollution (Amendment) Act 1989; and

(iv)section 33 of the Environmental Protection Act 1990.]

(g)a conviction, in relation to a goods vehicle, of the holder of the licence, or a servant or agent of his, of contravening

[F243(i)] any provision (however expressed) which prohibits or restricts the waiting of vehicles, being a provision contained in an order made under section 1, 6, 9 or [F24412 of the M24Road Traffic Regulation Act 1984 (including any such order made by virtue of paragraph 3 of Schedule 9 to that Act) or under any enactment repealed by that Act and re-enacted by any of those sections(including any such order made by virtue of section 84A(2) of the Road Traffic Regulation Act 1976);]

[F245or

(ii)any provision included in a traffic regulation order, within the meaning of section 1 of that Act, by virtue of [F246section 2(4) of the Road Traffic Regulation Act 1984 (lorry routes) or section 1(3AA) of the Road Traffic Regulation Act 1967]].

(h)a prohibition of the use of a vehicle under section 184 of the Act of 1960 or of the driving of a vehicle under section 16 of the M25Road Safety Act 1967 [F239or section 57 of the M26Road Traffic Act 1972][F247or section 69 or 70 of the Road Traffic Act 1988], being a vehicle of which the holder of the licence was the owner when the prohibition was imposed.

(5)Where the licensing authority directs that an operator’s licence be revoked, the authority may order the person who was the holder thereof to be disqualified, indefinitely or for such period as the authority thinks fit, from holding or obtaining an operator’s licence, and so long as the disqualification is in force—

(a)notwithstanding anything in section 64 of this Act, no operator’s licence shall be granted to him and any operator’s licence obtained by him shall be of no effect; and

(b)if he applies for or obtains an operator’s licence he shall be liable on summary conviction to a fine not exceeding [F248level 4 on the standard scale].

An order under this subsection may be limited so as to apply only to the holding or obtaining of an operator’s licence in respect of the area of one or more specified licensing authorities and, if the order is so limited, paragraphs (a) and (b) of this subsection shall apply only to any operator’s licence to which the order applies; but, notwithstanding section 61(2)(b) of this Act, no other operator’s licence held by the person in question shall authorise the use by him of any vehicle at a time when its operating centre is in an area in respect of which he is disqualified by virtue of the order.

(6)Where the licensing authority makes an order under subsection (5) of this section in respect of any person, the authority may direct that if that person, at any time or during such period as the authority may specify—

(a)is a director of, or holds a controlling interest in—

(i)a company which holds a licence of the kind to which the order in question applies; or

(ii)a company of which such a company as aforesaid is a subsidiary; or

(b)operates any goods vehicles in partnership with a person who holds such a licence,

that licence of that company, or, as the case may be, of that person, shall be liable to revocation, suspension [F249, premature termination] or curtailment under this section.

(7)The powers conferred by subsections (5) and (6) of this section in relation to the person who was the holder of a licence shall be exercisable also, where that person was a company, in relation to any director of that company, and, where that person operated the authorised vehicles in partnership with other persons, in relation to any of those other persons.

[F250(7A)Where a licensing authority directs that an operator’s licence be suspended or curtailed, the authority may order that—

(a)in the case of a suspension, any motor vehicle specified in the licence may not be used under any other operator’s licence, notwithstanding any authorisation under section 61(1)(c) of this Act, or

(b)in the case of a curtailment having the effect of removing any motor vehicle from the licence, the motor vehicle may not be used as mentioned in paragraph (a) above and shall not be capable of being effectively specified in any other operator’s licence,

and an order made under this subsection shall cease to have effect on such date, not being more than 6 months after the order is made, as may be specified therein or, if it is earlier, on the date on which the licence which is directed to be suspended or curtailed ceases to be in force.]

(8)A licensing authority who has made an order or given a direction under subsection (5), (6) [F251(7) or (7A)] of this section may, in such circumstances as may be prescribed, cancel that order or direction.

(9)A licensing authority shall not—

(a)give a direction under subsection (1) or (2) of this section in respect of any licence; or

(b)make an order or give a direction under subsection (5), (6) or (7) of this section in respect of any person,

[F252or

(c)make an order under subsection (7A) of this section in respect of any vehicle]without first holding an inquiry if the holder of the licence or that person, as the case may be, requests him to do so.

(10)The licensing authority may direct that any direction or order given or made by him under subsection (1), (2), (5), (6) [F253(7) or (7A)] of this section shall not take effect until the expiration of the time within which an appeal may be made to the Transport Tribunal against the direction or order and, if such an appeal is made, until the appeal has been disposed of; and if the licensing authority refuses to give a direction under this subsection the holder of the licence, or, as the case may be, the person in respect of whom the direction or order was given or made under any of those subsections, may apply to the tribunal for such a direction, and the tribunal shall give its decision on the application within fourteen days.

(11)For the purposes of this section a person holds a controlling interest in a company if he is the beneficial owner of more than half its equity share capital as defined in [F254section 744 of the Companies Act 1985].

Textual Amendments

F241S. 69(4)(ff)(fff) inserted by S.I. 1984/176, reg. 36(3)(c)

Marginal Citations

M211979 c. 5.(40:1).

M241984 c. 27.(107:1).

M261972 c. 20.(107:1).

[F25569A Operating centres for authorised vehicles to be specified in operators’ licences.E+W+S

(1)A person may not use a place in the area of any licensing authority as an operating centre for authorised vehicles under any operator’s licence granted to him by that authority unless it is specified in that licence.

(2)A person applying for an operator’s licence shall give to the licensing authority a statement giving such particulars as the authority may require of each place in the area of the authority which will an operating centre of the applicant if the licence is granted.

(3)Without prejudice to section 62(4) of this Act, a person applying for an operator’s licence shall also, if he is required by the licensing authority so to do, give to him such particulars as he may require with respect to the use which the applicant proposes to make, for authorised vehicles under the licence, of any place referred to in the statement under subsection (2) of this section.

(4)Any person who contravenes subsection (1) of this section shall be liable on summary conviction to a fine not exceeding [F256level 4 on the standard scale].]

[F25769B Objection to, or refusal or modification of, applications for operators’ licences on environmental grounds.E+W+S

(1)Any person entitled by virtue of section 63(3) of this Act to object to the grant of any application for an operators’ licence on the ground there mentioned may also object to the grant of any such application on the ground that any place which, if the licence is granted, will be an operating centre of the holder of the licence is unsuitable on environmental grounds for use as such.

(2)In the case of any such application, any person who is the owner or occupier of land in the vicinity of any place which, if the licence is granted, will be an operating centre of the holder of the licence may make representations against the grant of the application on the ground that the place is unsuitable on environmental grounds for use as such, provided that any adverse effects on environmental conditions arising from that use would be capable of prejudicially affecting the use or enjoyment of the land.

(3)Where any objection or representations are duly made under this section in respect of any application for an operators’ licence, the licensing authority may in any case refuse the application on the ground that the parking of authorised vehicles under the licence at or in the vicinity of any place which, if the licence were granted, would be an operating centre of the holder of the licence would cause adverse effects on environmental conditions in the vicinity of that place.

(4)Where any objection or representations are duly so made in respect of any such application, the licensing authority may refuse the application, subject to subsection (5) of this section, on the ground that any place which, if the licence is unsuitable for use as such on environmental grounds other than the ground mentioned in subsection (3) of this section.

(5)A licensing authority may not refuse an application for an operator’s licence under subsection (4) of this section if the applicant satisfies the authority that the grant of the application will not result in any material change as regards—

(a)the places in the area of the authority used or to be used as operating centres for authorised vehicles under any operator’s licence previously granted by the authority or under the licence applied for; or

(b)the use of any such place already in the use as an operating centre under an existing licence so granted.

(6)Without prejudice to the power of a licencing authority to issue an operator’s licence subject to either or both of the modifications of limitations mentioned in section 64(4) of this Act, in case where—

(a)the authority has power to refuse an application for any such licence under subsection (3) or (4) of this section; and

(b)any place other than a place unsuitable for use as an operating centre is referred to in the statement under section 69A(2) of this Act as a proposed operating centre of the applicant;

the authority may, instead of refusing the application, issue the licence specifying in it only such place or places referred to in that statement as are not unsuitable for use as an operating centre.

For the purposes of this subsection, a place referred to in any such statement given to a licensing authority has power to refuse the application under subsection (3) or (4) of this section in consequence of the proposed use of that place as an operating centre.

(7)A request for the grant of a licence under section 67(5) of this Act pending the determination of a current application for an application for an operator’s licence for the purposes of this section, but in granting a licence under section 67(5) a licensing authority may specify in the licence such place or places referred to in the statement given to the authority given to the authority by the applicant under section 69A(2) of this Act as the authority thinks fit.]

[F25869C Conditions as to the use of operating centres.E+W+S

(1)Subject to the following provisions of this section, a licensing authority may attach such conditions to an operator’s licence as appear to him to be appropriate for the purpose of preventing or minimising any adverse effects on environmental conditions arising from the use for authorised vehicles under the licence in the area of the authority.

(2)The conditions which may be attached to a licence under this section shall be of such description as may be prescribed; and, without prejudice to the generality of the preceding provision, the descriptions which may be prescribed include conditions regulating—

(a)the number, type and size of motor vehicles or trailers which may at any operating centre of the holder of the licence in the area of the authority for any prescribed purpose;

(b)the parking arrangements to be provided at or in the vicinity of any such centre; and

(c)the hours at which operations of any prescribed description may be carried on at any such centre.

(3)Subject to subsection (4) of this section, the licensing authority by whom an operator’s licence was granted may at any time vary or remove any condition attached to the licence under this section.

(4)The power to attach a condition to an operator’s licence under this section shall be exercisable by a licensing authority on granting the licence; and that power, and the power to vary or remove any condition so attached, shall also be exersisable in accordance with section 69D of this Act on an application by the holder for variation of the licence.

(5)Where a licensing authority is precluded by section 69B(5) of this Act from refusing an application for an operator’s licence, the authority may not attach any condition to the licence under this section without first giving the applicant for the licence an opportunity to make representations to the authority with respect to the effect on his business of any condition the authority proposes to attach; and where the applicant makes any such representations the authority shall give special consideration to those representations in determining whether to attach the proposed condition on granting the licence.

(6)Any person who contravenes any condition attached under this section to a licence of which he is the holder shall be liable on summary conviction to a fine not exceeding [F259level 4 on the standard scale].]

[F26069D Variation of operators’ licences with respect to operating centres and conditions affecting their use, etc.E+W+S

(1)Subject to section 69E of this Act, on the application of the holder of an operator’s licence, the licensing authority by whom the licence was granted may at any time while it is in force vary the licence by directing—

(a)that a new place shall be specified in the licence as an operating centre of the holder of the licence, or that any place so specified shall cease to be so specified; or

(b)that any condition attached to the licence under section 69C of this Act shall be varied or removed.

(2)A person applying for the variation of an operator’s licence under this section shall give to the licensing authority such information as he may reasonably require for the discharge of his duties in relation to the application.

(3)The licensing authority shall publish in the prescribed manner notice of any application for a variation under this section, unless the licensing authority is satisfied that the application is of so trivial a nature that it is not necessary that an opportunity should be given for objecting to it or making representations against it.

(4)Any person entitled to object to the grant of any application for a variation of which notice has been published under section 68(4) of this Act may object to the grant of any application for a variation of which notice has been published under section 68(4) or under subsection (3) of this section on either of the following grounds, that is to say—

(a)that any place which, if the application for variation is granted, will be an operating centre of the holder of the licence is unsuitable on environmental conditions in the vicinity of that centre.

(5)Subject to subsection (6) of this section, any person who is the owner or occupier of land in the vicinity of—

(a)any place which, if the application for variation is granted, will be an operating centre of the holder of the licence; or

(b)any existing operating of the holder of the licence to which the application relates;

may make representations against the grant of any application for a variation of which notice has been published under section 68(4) of this Act or under subsection (3) of this section on either of the grounds mentioned in subsection (4) of this section, but so far as relates to that place or operating centre.

(6)A person may not be virtue of subsection (5) of this section make representations against the grant of an application for variation of an operator’s licence unless any adverse effects on environmental conditions arising from the use of the place or operating centre in question would be capable of prejudicially affecting the use or enjoyment of the land there mentioned.

(7)Where any objection or representations are duly made under this section in respect of any application for a variation of an operator’s licence, the licensing authority may refuse the application in any case where it appears to him that the application ought to be refused on either of the grounds mentioned in subsection (4) of this section.

(8)In any case in which the licensing authority grants an application for a variation of an operator’s licence of which notice has been published under section 68(4) of this Act or under subsection (3) of this section, the licensing authority may direct that any condition attached to the licence under section 69C of this Act shall be varied or removed or that a condition shall be attached to the licence under that section.

(9)If an applicant under this section so requests, the licensing authority may, pending the determination of the application, give an interim direction under subsection (1) or (8) of this section, that is to say, a direction expressed to continue in force only until the application, and any appeal arising out of it, have been disposed of; and a request for such a direction shall not for the purposes of subsection (3) to (7) of this section be treated as an application for a variation under this section.]

[F26169E Publication of notice of applications for licences and variations in localities affected.E+W+S

(1)The licensing authority for any area shall refuse—

(a)any application to the authority for an opportunity for an operator’s licence; and

(b)any application to the authority for the variation of an operator’s licence of which notice has been published under section 68(4) or 69D(3) of this Act;

without considering the merits of the application unless he is satisfied that notice of the application in such form and containing such information as may be prescribed has been published within the period mentioned in subsection (2) of this section in a local newspaper or newspapers circulating in each locality affected by the application.

(2)The period referred to in subsection (1) of this section is the period beginning twenty-one days before the date on which the application is made and ending twenty-one days after that date.

(3)For the purposes of this section a locality shall be taken to be affected by an application to a licensing authority for, or for the variation of, an operator’s licence if it contains any place in the area of the authority which will be an operating centre of the holder of the licence if the application is granted, or (in the case of an application for variation) any existing operating centre of the holder of the licence to which the application relates.]

70 Rights of appeal in connection with operators’ licences. E+W+S

(1)Subject to subsection (2) of this section, a person who—

(a)being an applicant for, or for the variation of, an operator’s licence, is aggrieved by the refusal of the application or, as the case may be, by the terms or conditions of the licence or of the variation; or

(b)being the holder of an operator’s licence in respect of which, or a person in respect of whom, [F262or the holder of an operator’s licence which specifies a motor vehicle in respect of which] a direction or order has been given or made under section 61(6) or 69(1) to [F263(7A)][F264or 69F(1) ]of this Act, is aggrieved by that direction or order, or

(c)having duly made an objection to an application for, or for the variation of, an operator’s licence, is aggrieved by the grant of the application,

may appeal to the Transport Tribunal.

(2)No appeal shall lie under the foregoing subsection on the ground that a direction has been given under subsection (3) of section 67 of this Act if it has been given by virtue of paragraph (b) of the said subsection (3).

Textual Amendments

Modifications etc. (not altering text)

Prospective

[F265 Further provisions about operating centres]E+W+S

Textual Amendments

F265Crossheading inserted (prosp.) by 1994 c. 40, ss. 50(1), 82(4)

F26669EA Periods of review for operating centres.E+W+S

(1)Within such time after any period of review as may be prescribed, the licensing authority by whom an operator’s licence was granted may serve a notice on the licence-holder stating that the authority is considering whether to exercise any of his powers under sections 69EB and 69EC of this Act in relation to a place specified in the licence as an operating centre of the licence-holder.

(2)The periods of review in relation to an operator’s licence are—

(a)the period of five years beginning with the date specified in the licence as the date on which it came into force; and

(b)each consecutive period of five years.

(3)Regulations may amend subsection (2) of this section by substituting a higher or lower number (but not a number lower than five) for the number of years currently mentioned in paragraphs (a) and (b).

(4)Regulations may make provision as to the manner in which notices under this section are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served).

Textual Amendments

F266S. 69EA inserted (prosp.) by 1994 c. 40, ss. 50(1), 82(4)

F26769EB Power to remove operating centres on review.E+W+S

(1)If, having served notice under section 69EA of this Act in respect of a place specified in an operator’s licence, the licensing authority determines that the place is unsuitable—

(a)on grounds other than environmental grounds; or

(b)on the ground mentioned in subsection (2) of this section,

for use as an operating centre of the licence-holder, he may (subject to subsection (3) of this section) direct that it cease to be specified in the licence.

(2)The ground referred to in subsection (1)(b) of this section is that the parking of vehicles used under the licence at or in the vicinity of the place causes adverse effects on environmental conditions in that vicinity.

(3)Where the only ground for giving a direction under subsection (1) of this section is the ground mentioned in subsection (2) of this section, the authority may not give such a direction unless during the period of review in question representations were made to him—

(a)by a person such as is mentioned in section 63(3) of this Act; or

(b)by a person who is the owner or occupier of any land in the vicinity of the place in question,

as to the place’s unsuitability on environmental grounds for continued use as an operating centre for vehicles used under any operator’s licence.

(4)Representations made by a person such as is mentioned in subsection (3)(b) of this section shall be disregarded for the purposes of this section if, when they were made, any adverse effects on environmental conditions arising from the continued use of the place in question would not have been capable of prejudicially affecting the use or enjoyment of the land mentioned in subsection (3)(b).

Textual Amendments

F267S. 69EB inserted (prosp.) by 1994 c. 40, ss. 50(1), 82(4)

F26869EC Powers to attach conditions etc. on review.E+W+S

(1)If, having served notice under section 69EA of this Act in respect of a place specified in an operator’s licence, the licensing authority does not give a direction in respect of the place under section 69EB of this Act, he may direct—

(a)that conditions (or additional conditions) such as are mentioned in section 64B, 66(1)(c) or 69C of this Act be attached to the licence;

(b)that any conditions already attached to the licence under section 64B, 66(1)(c) or 69C be varied.

(2)Any conditions attached to the licence under subsection (1)(a) of this section shall relate (or in the case of conditions such as are mentioned in section 66(1)(c) of this Act, only require the authority to be informed of events that relate) only to the place referred to in subsection (1) of this section (or only to that place and any other places in respect of which the authority has power to attach conditions under that subsection).

(3)Any variation under subsection (1)(b) of this section shall be such as imposes new or further restrictions or requirements in relation to that place, and only that place (or only that place and any other such places).

(4)Where the licensing authority gives a direction in respect of an operator’s licence under section 69EB of this Act or subsection (1)(a) of this section, he may also vary the licence by directing—

(a)that any vehicle cease to be specified in the licence;

(b)that any maximum number specified in the licence under section 61A of this Act be reduced;

(c)that a provision such as is mentioned in section 61(1A) of this Act be included in the licence;

(d)that a provision such as is mentioned in section 61A(1)(b) or (2)(b) of this Act be included in the licence.

(5)In this Part of this Act any reference, in relation to an operator’s licence, to a condition attached to the licence under section 64B, 66, or 69C of this Act includes any condition such as is mentioned in section 64B, 66 or (as the case may be) 69C that was attached to the licence under subsection (1)(a) of this section.

Textual Amendments

F268S. 69EC inserted (prosp.) by 1994 c. 40, ss. 50(1), 82(4)

F26969ED Transfer of operating centres.E+W+S

Schedule 8A to this Act (which makes provision in relation to certain applications for, or for the variation of, operators’ licences where the proposed operating centres of the applicant are already specified in an operator’s licence) shall have effect.

Textual Amendments

F269S. 69ED inserted (prosp.) by 1994 c. 40, ss. 50(1), 82(4)

[F27069F Revocation, etc. of operators’ licences for breach of provisions controlling use of operating centres.E+W+S

(1)Subject to subsection (2) of this section, the licensing authority by whom an operator’s licence was granted may direct that it be revoked, suspended, terminated on a date earlier than that on which it would otherwise expire under section 67 of this Act, or curtailed on the ground that the holder of the licence has contraved section 69A of this Act or any condition attached to his licence under section 69C of this Act; and during any time of suspension the licence shall be of no effect.

(2)Section 69 of this Act shall apply as if the power to give a direction under subsection (1) of this section and the ground there mentioned were respectively conferred by and mentioned in subsection (1) of that section.]

[F27169G Provisions supplementary to sections 69A to 69F.E+W+S

(1)Any objection or representations under section 69B or 69D of this Act shall contain particulars of any matters alleged by the person making the objection or representations to be relevant to the determination of the licensing authority to which the objections or representations relate; and the onus of proof of any matters so alleged shall lie on the person making the objection or representations.

(2)Any objection or representation under either of those sections with respect to any application for, or for the variation of, an operator’s licence shall be made within the prescribed time and in the prescribed manner, which—

(a)may differ for representations from that prescribed for objections; and

(b)shall in either case be stated in the notice of the application published under section 63(1) of this Act or (as the case may be) under section 68(4) of this Act.

(3)In making any of the following determinations, that is to say—

(a)any determination with respect to the suitability of any place on environmental grounds for use as an operating centre for authorised vehicles under an operator’s licence;

the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description.

(4)In making any such determination for the purposes of exercising any of his powers under sections 69B to 69D of this Act in relation to an application for or for the variation of, an operator’s license, the licensing authority shall also have regard to—

(a)any information supplied by the applicant in accordance with section 68, 69A or 69D of this Act; and

(b)any objections or representations duly made under section 69B or 69D.

(5)Any statement or information to be given to a licensing authority under section 69A or 69D of this Act shall be given in such form as the authority may require.

(6)For the purposes of sections 69D(5)(b) and 69(3) of this Act an application for a variation of an operator’s licence shall be taken to relate to an operating centre of the holder of the licence if any]

F27269H Determinations as to environmental matters: supplementary provisions.E+W+S

(1)In making any determination of a description mentioned in subsection (2) of this section, the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description.

(2)The determinations referred to are—

(a)any determination with respect to the suitability of any place on environmental grounds for use as an operating centre of the holder of an operator’s licence;

(b)any determination with respect to attaching any condition such as is mentioned in section 69C of this Act to an operator’s licence or varying or removing any such condition attached to an operator’s licence; and

(c)any determination with respect to the effect on environmental conditions in any locality of the use in any particular manner of any operating centre of the holder of an operator’s licence.

(3)In making any such determination for the purposes of exercising—

(a)any of his functions in relation to an application for, or for the variation of, an operator’s licence; or

(b)any of his functions under sections 69EA to 69EC of this Act,

the licensing authority may take into account any undertakings given by the applicant or licence-holder (or procured by him to be given) for the purposes of the application or the review under sections 69EA to 69EC, and may assume that those undertakings will be fulfilled.

(4)In making for those purposes a determination of a description mentioned in subsection (2)(a) or (c) of this section, the licensing authority may take into account any conditions such as are mentioned in section 69C of this Act that could be attached to the licence in question, and may assume that any conditions so attached will not be contravened.

(5)Where the licensing authority—

(a)grants an application for, or for the variation of, an operator’s licence; or

(b)having served notice under section 69EA of this Act in respect of any place specified in such a licence, exercises or determines not to exercise any of his powers under sections 69EB and 69EC of this Act in relation to that place,

any undertakings taken into account by the authority under subsection (4) of this section that the authority considers to be material to the application or (as the case may be) to his decision under sections 69EB and 69EC shall be recorded in the licence in question.

Textual Amendments

F272Ss. 69G, 69H substituted (prosp.) for s. 69G by 1994 c. 40, ss. 57, 82(4), Sch. 13 Pt. I para. 9

Valid from 03/01/1995

[F273 Operators’ licences: supplementary provisions]E+W+S

Textual Amendments

F273Crossheading inserted (3.1.1995) by 1994 c. 40, s. 51; S.I. 1994/3188, arts. 2, 3(g)

F27469I Assessors.E+W+S

(1)In considering any financial question which appears to him to arise in relation to the exercise of his functions under this Part of this Act or M27 the Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984, the licensing authority may be assisted by an assessor drawn from a panel of persons appointed for that purpose by the Secretary of State.

(2)The Secretary of State shall pay to any such assessor in respect of his services such remuneration as may be determined by the Secretary of State with the consent of the Treasury.

Textual Amendments

Marginal Citations

Prospective

[F27569J Review of decisions.E+W+S

(1)Subject to subsection (2) of this section, the licensing authority may review and, if he thinks fit, vary or revoke any decision of his to grant or refuse—

(a)an application for an operator’s licence; or

(b)an application for the variation of such a licence in a case where section 68(4) of this Act required notice of the application to be published,

if he is satisfied that a procedural requirement imposed by or under any enactment has not been complied with in relation to the decision.

(2)The licensing authority may only review a decision under subsection (1) of this section—

(a)if, within such period after taking the decision as may be prescribed, he has given notice to the applicant or (as the case may be) the licence-holder that he intends to review the decision;

(b)if, within that period, a person who appears to him to have an interest in the decision has requested him to review it; or

(c)where neither paragraph (a) nor paragraph (b) of this subsection applies, if he considers there to be exceptional circumstances that justify the review.

(3)Regulations may make provision as to the manner in which notices under subsection (2)(a) of this section are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served).

(4)The variation or revocation of a decision under this section shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.]

Textual Amendments

F275S. 69J inserted (prosp.) by 1994 c. 40, ss. 52, 82(4)

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

71 Control of the use of large goods vehicles.E+W+S

(1)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F276

(6)For the purposes of. . . F277 the subsequent provisions of this Part of this Act, a large goods vehicle is a goods vehicle (other than a hauling vehicle) which—

(a)has a relevant plated weight exceeding [F27816260 kilograms] or (not having a relevant plated weight) has an unladen weight exceeding [F2785080]; or

(b)forms part of a vehicle combination (not being an articulated combination) which is such that—

(i)if all the vehicles comprised in the combination (or all of them except any small trailer) have relevant plated weights, the aggregate of the relevant plated weights of the vehicles comprised in the combination (exclusive of any such trailer) exceeds [F27816260 kilograms];

(ii)in any other case, the aggregate of the unladen weights of those vehicles (exclusive of any such trailer) exceeds [F2785080]; or

(c)forms part of an articulated combination which is such that—

(i)if the trailer comprised in the combination has a relevant plated weight, the aggregate of the unladen weight of the motor vehicle comprised in the combination and the relevant plated weight of that trailer exceeds [F27816260 kilograms];

(ii)in any other case, the aggregate of the unladen weights of the motor vehicle and the trailer comprised in the combination exceeds [F2785080].

In any provision of this subsection “relevant plated weight” means a plated weight of the description specified in relation to that provision by regulations; and in paragraph (b) of this subsection “small trailer” means a trailer having an unladen weight not exceeding [F2781020 kilograms].

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F276

(8)In this section—

  • hauling vehicle” means a motor tractor, a light locomotive, a heavy locomotive or the motor vehicle comprised in an articulated combination;

F279(9), (10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F276

Textual Amendments

F276Ss. 71(1)–(5)(7)(9)(10), 72–80, 87(2), 94(4)–(6) repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. II

F278Words substituted by S.I. 1981/1373, Sch. Pt. IIIA.

72—80. F280. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F280Ss. 71(1)–(5)(7)(9)(10), 72–80, 87(2), 94(4)–(6) repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. II

EnforcementE+W+S

Prospective

81 Consignment notes.E+W+S

(1)Subject to subsection (2) of this section, no goods shall be carried on a large goods vehicle unless a document (in this section referred to as a “consignment note”) in the prescribed form and containing the prescribed particulars has been completed and signed in the prescribed manner and is carried by the driver of the vehicle.

(2)Subsection (1) of this section shall not apply—

(a)to the carriage of goods on any journey or in a vehicle of any class exempted from that subsection by regulations; or

(b)to any carriage of goods which is lawful without the authority of an operator’s licence;

and, subject to the provisions of regulations, a licensing authority may dispense with the observance, as respects the carriage of goods under an operator’s licence granted by him, of any requirement of that subsection, and may grant such a dispensation either generally, or as respects a particular vehicle, or as respects the use of vehicles for a particular purpose, but he shall not grant such a dispensation unless satisfied that it is not reasonably practicable for the requirement dispensed with to be observed.

(3)The consignment note relating to the goods carried by a vehicle on any journey shall, at the conclusion of that journey, be preserved for the prescribed period by the person who used the vehicle. . . F281 for carrying the goods on that journey.

(4)Any person who uses or drives a vehicle in contravention of subsection (1) of this section or who fails to comply with subsection (3) thereof shall be liable on summary conviction to a fine not exceeding [F282level 4 on the standard scale].

82 Powers of entry and inspection.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. . . F283 document which is required by or under section. . . F283 81 of this Act to be carried by that person as driver of a vehicle;

(b)any. . . F283 document which that person is required by or under [F284that section] to preserve;

and that. . . F283 document shall, if the officer so requires by notice in writing served on that person, be produced at the office of the licensing authority 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—

(a)at any time, enter any large goods vehicle and inspect that vehicle and any goods carried by it;

(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. . . F283 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. . . F283 document, which he finds there.

(3)For the purpose of exercising his powers under subsection (1)(a) or (2)(a) of this section, an officer may detain the vehicle in question during such time as is required for the exercise of that power.

(4)An officer may, at any time which is reasonable having regard to the circumstances of the case, enter any premises of an applicant for an operator’s licence or of the holder of such a licence and inspect any facilities on those premises for maintaining the authorised vehicles in a fit and serviceable condition.

(5)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), (3) or (4) of this section,

shall be liable on summary conviction to a fine not exceeding [F285level 3 on the standard scale].

(6)If an officer has reason to believe that a document or article carried on or by the driver of a vehicle, or a document produced to him in pursuance of this Part of this Act or Schedule 9 thereto, is a document or article in relation to which an offence has been committed under—

(a)section 83 of this Act; or

(b)section 233 or 235 of the Act of 1960 as amended by Schedule 10 to this Act,

he may seize that document or article; and where a document or article is seized as aforesaid and within six months of the date on which it was seized no person has been charged since that date with an offence in relation to that document or article under any of those sections and that document or article is still detained, a magistrates’ court shall, on an application made for the purpose by the driver or owner of the vehicle, by the person from whom the document was seized or by an officer, make such order respecting the disposal of the document or article and award such costs as the justice of the case may require.

(7)Any proceedings in Scotland under the last foregoing subsection shall be taken by way of summary application in the sheriff court; and in the application of that subsection to Scotland references to costs shall be construed as references to expenses.

(8)In this section “officer” means an examiner appointed under [F286section 68 of the Road Traffic Act 1988] and any person authorised for the purposes of this section by the licensing authority for any area.

(9)The powers conferred by this section on an officer as defined in subsection (8) of this section shall be exercisable also by a police constable who shall not, if wearing uniform, be required to produce any authority.

Prospective

83 Falsification of consignment notes and records.E+W+S

Any person who makes, or causes to be made, any. . . F287 document required to be made under section. . . F287 81 of this Act which he knows to be false or, with intent to deceive, alters or causes to be altered any such. . . F287 document shall be liable—

(a)on summary conviction, to a fine not exceeding £200;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years.

Textual Amendments

84 Evidence by certificate. E+W+S

In any proceedings for an offence under this Part of this Act or Schedule 9 thereto a certificate signed by or on behalf of a licensing authority and stating—

(a)that, on any date, a person was or was not the holder of an operator’s licence,. . . F288. . . F289 granted by the authority;

(b)the dates of the coming into force and expiration of any such licence. . . F288 granted by the authority;

(c)the terms and conditions of any operator’s licence. . . F288 granted by the authority;

(d)that a person is by virtue of an order of the authority disqualified from holding or obtaining an operator’s licence,. . . F288. . . F289 licence indefinitely or for a specified period;

(e)that a direction, having effect indefinitely or for a specified period, has been given by the licensing authority under section 69(6) of this Act in relation to any person;

(f)that, on any date or during any specified period, any such licence. . . F288 granted by the authority was of no effect by reason of a direction that it be suspended,

shall be evidence, and in Scotland sufficient evidence, of the facts stated; and a certificate stating any of the matters aforesaid and purporting to be signed by or on behalf of a licensing authority shall be deemed to be so signed unless the contrary is proved.

Textual Amendments

Modifications etc. (not altering text)

SupplementaryE+W+S

85 Holding companies and subsidiaries.E+W+S

(1)The Minister may by regulations make provision for the purpose of enabling any company, or other body corporate, which has one or more subsidiaries to hold—

(a)an operator’s licence under which the authorised vehicles consist of or include vehicles belonging to or in the possession of any of its subsidiaries;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F290

(2)Regulations under this section may modify or supplement any of the provisions of this Part of this Act or [F291Schedule 10] thereto so far as appears to the Minister to be necessary or expedient for the purpose mentioned in subsection (1) of this section or in connection therewith, and may contain such other supplementary and incidental provisions as appear to the Minister to be requisite.

Valid from 03/11/1994

[F29285A Partnerships.E+W+S

Regulations may provide for this Part of this Act to apply in relation to partnerships with such modifications as may be specified in the regulations.]

Textual Amendments

F292S. 85A inserted (3.11.1994) by 1994 c. 40, ss. 54, 82(3)(e)

86 Operators’ licences and special authorisations not to be transferable.E+W+S

Subject to any provision made by regulations under section 85 of this Act, an operator’s licence. . . F293 shall not be capable of being transferred or assigned, but provision may be made by regulations for treating a person carrying on the trade or business of the holder of an operator’s licence. . . F293 as if he were the holder thereof (for such purposes, for such period and to such extent as may be specified in the regulations), in the event of the death, incapacity, [F294or bankruptcy of the holder or, in the case of a company, of the holder going into liquidation, of an administration order being made in relation to] the holder, or of the appointment of a receiver or manager in relation to the trade or business.

87 Inquiries. E+W+S

(1)A licensing authority may hold such inquiries as he thinks necessary for the proper exercise of his functions under this Part of this Act. . . F295

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F296

(3)Where, as respects the proposed exercise of his powers on any occasion under section 69. . . F297[F298or 69F] of this Act, a licensing authority receives a request for an inquiry from two or more persons he may hold a single inquiry in response to both or all of those requests.

(4)Subject to any provision made by regulations, any inquiry held by a licensing authority for the purposes of this Part of this Act. . . F295 shall be held in public.

(5)Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not, so long as that trade or business continues to be carried on, be disclosed except—

(a)with the consent of the person for the time being carrying on that trade or business; or

(b)for the purpose of the discharge by any person of his functions under this Part of this Act. . . F295; or

(c)with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of this Part of this Act. . . F295 (including proceedings before the Transport Tribunal);

and any person who discloses any information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding [F299level 4 on the standard scale].

88 Provisions relating to Transport Tribunal. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F300

Textual Amendments

Modifications etc. (not altering text)

89 Fees.E+W+S

(1)Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged by the licensing authority in respect of the grant or variation of operators’ licences. . . F301. . . F302

(2)All fees payable under this Part of this Act. . . F302 shall be paid into the Consolidated Fund in such manner as the Treasury may direct.

90 Appointment and remuneration of officers and servants. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F303

Textual Amendments

Modifications etc. (not altering text)

91 Regulations and orders for purposes of Part V. E+W+S

(1)The Minister may make regulations for any purpose for which regulations may be made under this Part of this Act and for prescribing anything which may be prescribed under this Part of this Act and generally for the purpose of carrying this Part of this Act into effect and, in particular, but without prejudice to the generality of the foregoing provisions of this subsection, may make regulations with respect to the following matters—

(a)the procedure on applications for, and the determination of questions in connection with, the grant and variation of operators’ licences. . . F304, and the procedure under, and the determination of questions for the purposes of, [F305sections 69 and 69F] of this Act;

(b)the issue of operators’ licences. . . F304 and the issue on payment of the prescribed fee of copies of such licences. . . F304 in the case of licences. . . F304 lost or defaced;

(c)the means by which vehicles may be identified, whether by plates, marks or otherwise, as being authorised vehicles. . . F304;

(d)the custody of operators’ licences. . . F304, the production, return and cancellation of such licences. . . F304 on expiration or on the giving of a direction under section 69 [F306or 69F]. . . F304 of this Act, and the custody, production and return of documents and plates;

(e)the notification to the licensing authority of vehicles which have ceased to be used under an operator’s licence. . . F304;

(f)the repayment in the prescribed circumstances of fees paid under this Part of this Act;

(g)the circumstances in which goods are to be treated for the purposes of this Part of this Act as carried for hire or reward and the circumstances in which goods are to be treated for those purposes as carried by any person for or in connection with a trade or business carried on by him;

and different regulations may be made as respects different classes of vehicles.

(2)The power conferred by subsection (1) of this section to make regulations with respect to the means by which vehicles are to be identified as being authorised vehicles. . . F304 shall include power to require that any such means of identification prescribed for a vehicle shall be carried notwithstanding that for the time being the vehicle is not being used for a purpose for which an operator’s licence. . . F304 is required.

(3)The Minister may by regulations substitute for any weight, distance, volume or area specified by or under this Part of this Act a weight, distance, volume or area expressed in terms of the metric system, being a weight, distance, volume or area which is equivalent to that for which it is substituted or does not differ from it by more than five per cent. thereof.

(4)The Minister may make regulations—

(a)for providing that any provision of this Part of this Act shall, in relation to vehicles brought temporarily into Great Britain, have effect subject to such modifications as may be prescribed;

(b). . . F307

and different provision may be made by the regulations for different classes of case.

(5)A definition or description of a class of vehicles for the purposes of any regulation under this Part of this Act may be framed by reference to any characteristic of the vehicles or to any other circumstances whatsoever.

(6)Any person who contravenes a provision of regulations under this section, a contravention of which is declared by the regulations to be an offence, shall be liable on summary conviction to a fine not exceeding [F308level 1 on the standard scale].

(7)Any order or regulations made by the Minister under this Part of this Act. . . F309 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)Before making any regulations under this Part of this Act. . . F309 the Minister shall consult with such representative organisations as he thinks fit.

92 Interpretation of Part V. E+W+S

(1)In this Part of this Act. . . F310, unless the context otherwise requires—

  • articulated combination” means a combination made up of—

(a)a motor vehicle which is 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

(b)a trailer attached to it as aforesaid:

  • authorised vehicle” means, in relation to an operator’s licence, a vehicle authorised to be used thereunder, whether or not it is for the time being in use for a purpose for which an operator’s licence is required and whether it is specified therein as so authorised or, being of a type so authorised subject to a maximum number, belongs to the holder of the licence or is in his possession under an agreement for hire-purchase, hire or loan;

  • carriage of goods” includes haulage of goods;

  • carrier’s licence” means a licence granted under Part IV of the Act of 1960;

  • contravention”, in relation to any condition or provision, includes a failure to comply with the condition or provision, and “contravenes” shall be construed accordingly;

  • driver” means, in relation to a trailer, the driver of the vehicles by which the trailer is drawn and “drive” shall be construed accordingly;

  • goods” includes goods or burden of any description;

  • goods vehicle” means, subject to subsection (5) of this section, a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted;

  • large goods vehicle” shall be construed in accordance with section 71 of this Act;

  • [F311operating centre”, in relation to any vehicle, means the base or centre at which the vehicle is normally kept, and references to an operating centre of the holder of an operator’s licence are references to any place which is an operating centre for authorised vehicles under the licence];

  • [F312owner”, in relation to any land in England and Wales, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent, would be so entitled it it were so let];

  • prescribed” means prescribed by regulations;

  • regulations” means regulations made by the Minister under this Part of this Act;

subsidiary” means a subsidiary as defined by [F313section 736 of the Companies Act 1985];

  • vehicle combination” means a combination of goods vehicles made up of one or more motor vehicles and one or more trailers all of which are linked together when travelling;

and any expression not defined above which is also used in the Act of 1960 has the same meaning as in that Act.

(2)For the purposes of this Part of this Act, the driver of a vehicle, if it belongs to him or is in his possession under an agreement for hire, hire-purchase or loan, and in any other case the person whose servant or agent the driver is, shall be deemed to be the person using the vehicle; and references to using a vehicle shall be construed accordingly.

(3)In this Part of this Act references to directing that an operator’s licence be curtailed are references to directing (with effect for the remainder of the duration of the licence or for any shorter period) all or any of the following, that is to say—

(a)that any one or more of the vehicles specified in the licence be removed therefrom;

(b)that the maximum number of trailers or of motor vehicles specified in the licence in pursuance of section 61(1)(b) or (c) of this Act be reduced;

(c)that the addition of authorised vehicles under the said section 61(1)(c) be no longer permitted.

[F314(d)that any one or more of the places specified in the licence as operating centres be removed therefrom].

(4)In this Part of this Act, references to the bankruptcy of a person shall, as respects Scotland, be construed as references to an award of sequestration having been made of his estate.

(5)In this Part of this Act. . . F310 references to goods vehicles do not include references to tramcars or trolley vehicles operated under statutory powers within the meaning of [F315Schedule 4 to the Road Traffic Act 1988].

(6)Anything required or authorised by this Part of this Act to be done to or by a licensing authority by whom a licence. . . F316 was granted may be done to or by any person for the time being acting as licensing authority for the area for which the first-mentioned authority was acting at the time of the granting of the licence. . . F316.

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

93 Carriers’ licences not to be required for small vehicles or for medium vehicles covered by operators’ licences.E+W+S

(1)Section 164 of the Act of 1960 (users of goods vehicles to hold carriers’ licences) shall cease to apply to the use of any vehicle the unladen weight of which does not exceed F317, and any carrier’s licence so far as it authorises the use of such a vehicle shall cease to have effect.

(2)The said section 164 shall not apply to the use of any vehicle for the use of which an operator’s licence is required, unless that vehicle is a large goods vehicle.

Textual Amendments

F317Words substituted by S.I. 1981/1373, Sch. Pt. IIIA.

Transitional provisions and amendmentsE+W+S

94 Transitional provisions and amendments.E+W+S

(1)Where, before the day on which section 60 of this Act comes into force in relation to any vehicles, an application for an operator’s licence is made in respect of those vehicles by a person who is the holder of a carrier’s licence in respect of all or any of those vehicles, section 63 of this Act shall not apply to the application and section 64 of this Act shall apply to it with the omission of subsection (2)(b), (c) and (e).

(2)Notwithstanding section 171(3) of the Act of 1960 (which requires an application for a C licence under Part IV of that Act to be made to the licensing authority for the area in which the principal place of business of the applicant or his head office is situated), any application for such a licence in respect of vehicles which consist of or include vehicles in relation to which section 60 of this Act has come into force shall be made to the licensing authority (within the meaning of the said Part IV) for the area containing the operating centre or operating centres of the vehicles proposed to be used under the licence.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F318

(4)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F319

(7)The enactments specified in Part I of Schedule 10 to this Act shall have effect subject to the amendments there specified.

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

(a)the enactments specified in Part II of Schedule 10 to this Act shall have effect subject to the amendments there specified;. . . F320

(b). . . F320

. . . F321

(9)Regulations may provide for the repayment in the prescribed circumstances of fees paid under section 182 of the Act of 1960 in respect of carriers’ licences which are in force on the appointed day for the purpose of the last foregoing subsection.

(10)If on the appointed day for the purposes of subsection (8) of this section—

(a)the operation of a wages regulation order in force under Part II of the M28Wages Councils Act 1959 depends on whether or not a vehicle is, or is deemed to be, specified in an A licence or a B licence granted under Part IV of the Act of 1960; or

(b)the description of the workers in relation to whom the Road Haulage Wages Council operates under that Act is such as to depend on whether or not a vehicle is, or is deemed to be, specified as aforesaid,

then, for the purposes of that order and that description, any vehicle which immediately before that day is, or for those purposes is deemed to be, specified as aforesaid, shall be treated as so specified on and after that day; and if on or after the day on which section 93 of this Act comes into force the operation of any such order depends on the matters mentioned in paragraph (a) of this subsection, or the description of the workers in relation to whom the said Council operates is such as mentioned in paragraph (b) of this subsection, then, for the purposes of that order and that description, any vehicle not specified as aforesaid shall be treated as so specified if used wholly or mainly for a purpose for which, but for the said section 93, an A licence or a B licence would be required.

Textual Amendments

F319Ss. 71(1)–(5)(7)(9)(10), 72–80, 87(2), 94(4)–(6) repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. II

Modifications etc. (not altering text)

C82The 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.

Marginal Citations

Part VIU.K. Drivers’ Hours

Modifications etc. (not altering text)

C84Pt. VI (ss. 95–103) modified by S.I. 1986/1459, arts. 2, 3

C85Pt. 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 [F322or 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. [F323but 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.

(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.

Textual Amendments

Modifications etc. (not altering text)

C86S. 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.

[F324For 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 [F325operations 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 [F326commissioner] 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 [F326commissioner 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 [F327the 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 [F328level 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.

[F329(11A)Where, in the case of a driver F330 of a motor vehicle, there is in Great Britain a contravention of any requirement of [F331the 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 [F328level 4 on the standard scale]]

[F332(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.

[F333(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)]

[F33497 Installation and use of recording equipment.E+W+S

[F335(1)No person shall use, or cause or permit to be used, a vehicle to which this section applies

[F336(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 [F337Articles 13 to 15] of that Regulation;][F338, or]

[F338(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 [F339level 5] on the standard scale.]

[F340(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) [F341(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) [F341(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 [F342Article 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) [F341(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 [F343Articles 13 to 15] of the Community Recording Equipment Regulation.

(5)For the purposes of this section recording equipment is used as provided by [F343Articles 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—

  • [F344the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 3821/85 of 20th December 1985 on recording equipment in road transport as read with the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986;]

  • recording equipment” means equipment for recording information as to the use of a vehicle.]

Textual Amendments

F334Ss. 97, 97A, 97B substituted for s. 97 by S.I. 1979/1746, reg. 2

F336By 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

F337Words substituted by S.I. 1986/1457, reg. 3(3)(a)

F338S. 97(1)(b) and word “or" preceding it inserted by S.I. 1989/2121, art. 2(2)

F339Words substituted by S.I. 1989/2121, art. 2(2)

F341 “(a)" inserted by S.I. 1989/2121, art. 2(4)

F342Words substituted by S.I. 1986/1457, reg. 3(3)(b)

F343Words substituted by S.I. 1986/1457, reg. 3(3)(a)

F344Definition substituted by S.I. 1986/1457, reg. 3(1)(2)(a)

[F34597A Provisions supplementary to section 97.E+W+S

(1)If an employed [F346driver] 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 [F346driver] 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 [F347level 4 on the standard scale].

(2)If the employer of [F348drivers] 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 [F347level 4 on the standard scale].

(3)Where a [F346driver] 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.]