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PART V E+W+S Miscellaneous and Supplementary

Provisions relating to traffic commissioners etc.E+W+S

[F154 Inquiries held by traffic commissioners.E+W+S

(1)A traffic commissioner may, at such places as appear to him to be convenient, hold such inquiries as he thinks fit in connection with the exercise of his functions.

(2)Where, as respects the proposed exercise of his powers on any occasion, a traffic commissioner receives a request for an inquiry from two or more persons [F2a single inquiry may be held] in response to those requests.

(3)Subject to any provision made by regulations, any inquiry held under this section shall be public.

(4)Where a traffic commissioner proposes to hold an inquiry for the purpose of considering any application or proposal, he shall publish notice of the inquiry in the prescribed manner.

(5)Where a traffic commissioner holds an inquiry he may, in such circumstances as may be prescribed and subject to any provision made under subsection (6) below, make such order as he thinks fit as to the payment, by such party to the inquiry as he thinks fit, of costs incurred by him or by the Secretary of State in connection with the holding of the inquiry.

(6)Regulations may make provision, in relation to orders under subsection (5) above, as to—

(a)the method of calculating the amount of any costs incurred as mentioned in that subsection; and

(b)the maximum amount which may be ordered to be paid under such an order.

(7)Any amount so ordered to be paid by any person may be recoverable from him—

(a)in England and Wales, as a debt due to the Crown; or

(b)in Scotland, by the Secretary of State.

(8)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 be disclosed, so long as that trade or business continues to be carried on, except—

(a)with the consent of the person for the time being carrying it on;

(b)for the purpose of the discharge by any person of his functions under any enactment mentioned in subsection (9) below [F3or under the 2009 Regulation] [F4or the 2011 Regulation]; or

(c)with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of any such enactment [F5or the 2009 Regulation] [F6or the 2011 Regulation] (including proceedings before the [F7Upper Tribunal]);

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

(9)The enactments referred to in subsection (8)(b) and (c) above are—

(a)sections 12 to 21 of this Act; F8...

(b)sections 24 to 28 of the Transport Act 1985

[F9(c)the Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013.]

(10)The Secretary of State may by order made by statutory instrument amend subsection (9) above by adding a reference to an enactment or by removing any such reference; and any statutory instrument made in exercise of the power conferred by this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

Modifications etc. (not altering text)

C2S. 54(8) disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. I para. 18

55 Annual report of traffic commissioners and metropolitan police commissioner.E+W+S

[F10Each traffic commissioner] shall make an annual report to the Secretary of State on [F11his] proceedings containing particulars with respect to such matters as the Secretary of State may direct . . . F12.

Textual Amendments

F12Words repealed by S.I. 1984/31, art. 5(f)

56 Records of licences. E+W+S

(1)[F13Each traffic commissioner] F14... shall keep a record in such form and containing such particulars as may be prescribed of all licences granted by F15... him under this Act [F16and shall allow the record to be inspected at all reasonable times by members of the public].

F17(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A record kept under this section shall be admissible in evidence of the matters required under this Act to be entered therein, and a copy of an entry made in such a record in pursuance of this section purporting to be signed by or on behalf of the authority by whom the record is kept and to be certified to be a true copy shall be evidence of the matters stated in that entry without proof of the signature or authority of the person signing the same.

Textual Amendments

F14Words repealed by S.I. 1984/31, art. 5(g)(i)

Modifications etc. (not altering text)

[F1856ACorrection of errorsE+W+S

(1)This section applies in any case where it appears to a traffic commissioner that there is a clerical error in a document purporting to record, or which is issued in consequence of, a decision taken by any traffic commissioner in the exercise of his functions.

(2)In any such case, the traffic commissioner may issue a corrected document or a notice in writing that the document is to have effect with such corrections as are stated in the notice.]

Textual Amendments