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Public Passenger Vehicles Act 1981

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This is the original version (as it was originally enacted).

Schedule 5Authorisations Under Section 48 in Relation to Experimental Areas

General authorisations

1There shall by virtue of this paragraph be attached to every general authorisation the following conditions—

(a)a journey in pursuance of the authorisation must not be made in conjunction with, or in extension of, a service provided under a road service licence if the vehicle is owned by, or made available under any arrangement with, the holder of the licence or any person who receives any remuneration in respect of the service provided thereunder or in respect of arrangements for that service ;

(b)any such journey must be made without previous advertisement to the public;

(c)vehicles used in pursuance of the authorisation must not stand or ply for hire ;

(d)any carriage of passengers by a vehicle in pursuance of the authorisation must be carriage for which arrangements were made before the journey began.

2(1)A general authorisation shall be granted by resolution of the local authority concerned.

(2)Paragraph 13 below applies in relation to any such resolution.

3(1)The local authority concerned may by resolution vary a general authorisation in one or both of the following ways, where applicable, that is to say so as to—

(a)increase the number specified in pursuance of section 48(3)(a)(ii) of this Act; or

(b)in the case of an authorisation which does not apply to the whole of an experimental area, add one or more other parts of the experimental area to that or those previously specified in accordance with section 48(4) of this Act, or make the authorisation apply to the whole of the experimental area.

(2)Paragraph 13 below applies in relation to any such resolution.

Special authorisations

4In deciding whether to grant a special authorisation or whether to exercise their discretion to revoke such an authorisation the local authority concerned shall, in particular, have regard to the fitness for use in pursuance of the authorisation of any vehicle which is to be or is a specified vehicle, and to the suitability of the persons who will be or are using any such vehicle in pursuance of the authorisation.

5(1)The local authority granting a special authorisation may attach to it such conditions as they think fit with respect to all or any of the following matters—

(a)the persons by whom the specified vehicle or vehicles may be used in pursuance of the authorisation;

(b)the routes on which the specified vehicle or vehicles are to be used in pursuance of the authorisation;

(c)the timetables to be observed with respect to specified journeys;

(d)the advertisement of services provided by means of any specified vehicle;

(e)the points at which passengers may be taken up or set down ;

(f)the rates of payment to be charged to passengers ;

(g)any other matter which appears to the authority to be appropriate having regard to local circumstances.

(2)Paragraph 13 below applies in relation to the grant of a special authorisation.

6(1)The local authority concerned—

(a)may by notice in writing given to the specified person vary the conditions attached to a special authorisation under paragraph 5 above, either on the initiative of the authority or on an application in that behalf made to them by the specified person; and

(b)if so directed by the Secretary of State, shall so vary those conditions in accordance with the direction.

(2)The power conferred by sub-paragraph (1)(a) above shall be exercised only with the approval of the Secretary of State given either for the particular exercise of it in question or generally for cases of a class or description into which that exercise of it falls.

(3)If the local authority concerned fails to comply with a direction of the Secretary of State requiring them to vary the conditions attached to a special authorisation under paragraph 5 above, the Secretary of State may himself by notice in writing given to the specified person vary those conditions.

7A special authorisation shall not be transferable.

Duration of authorisations

8Unless previously revoked, an authorisation shall cease to have effect when the order under section 47(2) of this Act by virtue of which it was granted ceases to have effect.

Revocation of authorisations

9The local authority concerned may revoke an authorisation at any time, and shall do so if so directed by the Secretary of State.

10(1)Revocation of a general authorisation shall be effected by resolution of the local authority concerned.

(2)Revocation of a special authorisation shall be effected by giving notice of its revocation to the specified person.

(3)If the local authority concerned fails to comply with a direction of the Secretary of State requiring them to revoke an authorisation, the Secretary of State may himself revoke the authorisation—

(a)in the case of a general authorisation, by order ; or

(b)in the case of a special authorisation, by giving notice of its revocation to the specified person.

(4)Paragraph 13 below applies in relation to the revocation of a general authorisation or special authorisation.

Special authorisations requiring the consent of other local authorities

11Every special authorisation granted with the consent of one or more local authorities other than the authority by whom it is granted shall include a statement to that effect specifying the consenting authorities; and a statement in any special authorisation under section 48 of this Act to the effect that it was so granted shall be evidence, and in Scotland sufficient evidence, of the matters stated.

General

12Where an authorisation ceases to have effect or is varied under or by virtue of the preceding provisions of this Schedule, its previous operation shall not be affected thereby.

13(1)A local authority shall before—

(a)passing any resolution in pursuance of paragraph 2, 3 or 10(1) above for the purpose of granting, varying or revoking a general authorisation ; or

(b)granting or revoking a special authorisation. give the appropriate notice in one or more relevant newspapers; and where a local authority intend to revoke a special authorisation they shall also give the appropriate notice in writing to every district council, London borough council, parish council and, in Scotland or Wales, community council who may in the opinion of the local authority be affected by the revocation of the authorisation.

(2)In sub-paragraph (1) above " the appropriate notice " means—

(a)not less than 21 days' notice of intention to consider a resolution or grant a special authorisation; and

(b)not less than 56 days notice of intention to revoke a special authorisation.

(3)Before passing the resolution or granting or revoking the special authorisation in question the local authority shall take account of any representations received by them in relation to it.

(4)The local authority may—

(a)pass any resolution; or

(b)grant any special authorisation,

in respect of which notice has been given under sub-paragraph (1) above either with or without modifications.

(5)As soon as may be after—

(a)a local authority have passed any such resolution as is mentioned in sub-paragraph (1)(a) above ; or

(b)the Secretary of State has made an order under paragraph 10(3)(a) above for the purpose of revoking a general authorisation,

the local authority or the Secretary of State, as the case may be, shall give notice of its having been passed or made in one or more relevant newspapers; and the grant, variation or revocation, as the case may be, shall not take effect before notice of the resolution or order having been passed or made is so given.

(6)A notice under sub-paragraph (5) above of any resolution granting an authorisation shall include particulars of the terms of the authorisation (including the conditions attached to it); and a local authority or the Secretary of State may include in any notice under this paragraph such other relevant information as they or he may think fit.

(7)For the purposes of any notice under this paragraph a " relevant newspaper " is any local newspaper which the local authority or the Secretary of State, as the case may be, may consider appropriate.

14For the purposes of paragraph 1(b) above no account shall be taken of any advertisement consisting of a notice or announcement such as is mentioned in paragraph 9 of Schedule 1 to this Act, and paragraph 5(1)(d) above shall not extend to advertisement by means of any such notice or announcement.

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