Transport Act 1985

63 Functions of local councils with respect to passenger transport in areas other than passenger transport areas. E+W

(1) In each non-metropolitan county of England and Wales it shall be the duty of the county council—

(a) to secure the provision of such public passenger transport services as the council consider it appropriate to secure to meet any public transport requirements within the county which would not in their view be met apart from any action taken by them for that purpose; F1 . . .

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) It shall be the duty of a F2 . . . council in Scotland, in relation to any part of their area which is not a passenger transport area—

(a) to secure the provision of such public passenger transport services as the council consider it appropriate to secure to meet any public transport requirements within their area which would not in their view be met apart from any action taken by them for that purpose; and

(b) to formulate from time to time general policies as to the descriptions of services they propose to secure under paragraph (a) above.

(3) In formulating policies under subsection F3 . . . (2)(b) above with respect to the descriptions of services they propose to secure under subsection F3 . . . (2)(a) above, a council shall have regard to any measures they are required or propose to take for meeting any transport requirements in exercise or performance of—

(a) any of their functions F4 . . . as an education authority; or

(b) any of their F5 . . . social work functions.

(4) A non-metropolitan district council in England F6 . . . shall have power to secure the provision of such public passenger transport services as they consider it appropriate to secure to meet any public transport requirements within their area which would not in their view be met apart from any action taken by them for that purpose.

(5) For the purpose of securing the provision of any service under subsection (1)(a) or (2)(a) or (as the case may be) under subsection (4) above any council shall have power to enter into an agreement providing for service subsidies; 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 this Act.

(6) A non-metropolitan county council in England and Wales or, in Scotland, a F2 . . . council shall have power to take any measures that appear to them to be appropriate for the purpose of or in connection with promoting, so far as relates to their 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 council 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).

(7) It shall be the duty of a county council or (as the case may be) of a regional or islands council, in exercising their power under subsection (6) above, [F7 to have regard to a combination of economy, efficiency and effectiveness.]

(8) It shall be the duty of any council, 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 [F8 and to the appropriate bus strategy.].

[F9 (8A) In subsection (8) “the appropriate bus strategy” means—

(a) in the case of a council which is a local transport authority (within the meaning of section 108(4) of the Transport Act 2000), their bus strategy;

(b) in the case of a district council which is not such an authority, the bus strategy of the council for the county in which the district is situated.]

(9) References in subsection (6) above to subsidised services are references to services provided under an agreement providing for service subsidies entered into—

(a) by the council in question or by any other county or district council or regional or islands council under this section; or

(b) by the Passenger Transport Executive for any passenger transport area under section 9A(4) of the 1968 Act.

(10) In this Act—

(a) “public passenger transport services” means all those services on which members of the public rely for getting from place to place, when not relying on private facilities of their own, including school transport but not—

(i) services provided under permits under section 19 of this Act, other than services provided wholly or mainly to meet the needs of members of the public who are elderly or disabled; or

(ii) excursions or tours; and

(b) references, in relation to any Passenger Transport Executive, non-metropolitan county or district council or regional or islands council, to agreements providing for service subsidies are references to agreements under which any person undertakes to provide a public passenger transport service of any description on terms which include provision for the making of payments to that person by that Executive or council.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version of this provision has been created for Scotland only

Textual Amendments

F1 S. 63(1)(b) and the preceding word omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 11(2) and repealed (1.2.2001 for E. and 14.8.2002 for W.) by ss. 161, 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2002/2024{art. 2(b)}

F2 Words in s. 63(2)(6) repealed (1.4.1996) by S.I. 1996/974, art. 2(2), Sch. 2

F3 Words in s. 63(3) omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 11(3)(a) and repealed (1.2.2001 for E. and 14.8.2002 for W.) by s. 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2002/2024, {art. 2 (b)}

F4 Words in s. 63(3)(a) omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 11(3)(b) and repealed (1.2.2001 for E. and 14.8.2002 for W. ) by s. 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2002/2024, {art.2 (b)}

F5 Words in s. 63(3)(b) omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 11(3)(c) and repealed (1.2.2001 for E. and 14.8.2002 for W.) by s. 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; and S.I. 2002/2024, art. 2(b)

F6 Words in s. 63(4) repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 39(1), Sch 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2

F7 Words in s. 63(7) substituted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 11(4); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11

F8 Words in s. 63(8) inserted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 11(5); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11

F9 S. 63(8A) inserted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 11(6); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11

Modifications etc. (not altering text)

C2 S. 63 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 7(2)(b), Sch. 2 Pt. 2 para. 1 (with art. 7(4))

C3 S. 63(7) excluded (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 51(1) of Order

S. 63(7) excluded (24.7.2001) by S.I. 2001/3627, art. 50

63 Functions of local councils with respect to passenger transport in areas other than passenger transport areas. S

(1) In each non-metropolitan county of England and Wales it shall be the duty of the county council—

(a) to secure the provision of such public passenger transport services as the council consider it appropriate to secure to meet any public transport requirements within the county which would not in their view be met apart from any action taken by them for that purpose; and

(b) to formulate from time to time general policies as to the descriptions of services they propose to secure under paragraph (a) above.

(2) It shall be the duty of a F10 . . . council in Scotland, in relation to any part of their area which is not a passenger transport area—

(a) to secure the provision of such public passenger transport services as the council consider it appropriate to secure to meet any public transport requirements within their area which would not in their view be met apart from any action taken by them for that purpose; and

(b) to formulate from time to time general policies as to the descriptions of services they propose to secure under paragraph (a) above.

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A non-metropolitan district council in England F12 . . . shall have power to secure the provision of such public passenger transport services as they consider it appropriate to secure to meet any public transport requirements within their area which would not in their view be met apart from any action taken by them for that purpose.

(5) For the purpose of securing the provision of any service under subsection (1)(a) or (2)(a) or (as the case may be) under subsection (4) above any council shall have power to enter into an agreement providing for service subsidies; but their power to do so—

(a) shall be exercisable only where the service in question[F13 —(i)] would not be provided [F14 ;or

(ii) would not be provided to the standard specified in a quality partnership scheme made under section 6 of the Transport (Scotland) Act 2001 (asp 2),]

without subsidy; and

(b) is subject to [F15 section] 92 of this Act.

(6) A non-metropolitan county council in England and Wales or, in Scotland, a F10 . . . council shall have power to take any measures that appear to them to be appropriate for the purpose of or in connection with promoting, so far as relates to their 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 council 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).

(7) It shall be the duty of a county council or [F16 , in Scotland , a] council, in exercising their power under subsection (6) above, so to conduct themselves as not to inhibit competition between persons providing or seeking to provide public passenger transport services in their area.

(8) It shall be the duty of any council, 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.

(9) References in subsection (6) above to subsidised services are references to services provided under an agreement providing for service subsidies entered into—

(a) by the council in question or by any other county or district council or [F17 in Scotland] council under this section; or

(b) by the Passenger Transport Executive for any passenger transport area under section 9A(4) of the 1968 Act.

(10) In this Act—

(a) “public passenger transport services” means all those services on which members of the public rely for getting from place to place, when not relying on private facilities of their own, including school transport but not—

(i) services provided under permits under section 19 of this Act, other than services provided wholly or mainly to meet the needs of members of the public who are elderly or disabled; or

(ii) excursions or tours; and

(b) references, in relation to any Passenger Transport Executive, non-metropolitan county or district council or [F17 in Scotland] council, to agreements providing for service subsidies are references to agreements under which any person undertakes to provide a public passenger transport service of any description on terms which include provision for the making of payments to that person by that Executive or council.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version of this provision has been created for England and Wales only

Textual Amendments

F10 Words in s. 63(2)(6) repealed (1.4.1996) by S.I. 1996/974, art. 2(2), Sch. 2

F11 S. 63(3) repealed (S.) (1.4.2001) by 2001 asp 2, s. 82, Sch. 2 para. 4 (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I

F12 Words in s. 63(4) repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 39(1), Sch 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2

F13 S. 63(5)(a)-(i) inserted (S.) (1.7.2001) by 2001 asp 2, s. 12(a) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II

F14 S. 63(5)(b)(ii) and the preceding word ";or" inserted (S.) (1.7.2001) by asp 2, s. 12(b) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt .II

F15 Words in s. 63(5)(b) substituted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(3)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F16 Words in s. 63(7) substituted (S.) (1.4.1996) by S.I. 1996/974, art. 2(1), Sch. 1 Pt. 1 para. 7(b)

F17 Words in s. 63(9)(a)(10)(b) substituted (S.) (1.4.1996) by S.I. 1996/974, art. 2(1), Sch. 1 Pt. 1 para. 7(c)

Modifications etc. (not altering text)

C4 S. 63: functions transferred (S.) (1.11.2006) by The Transfer of Functions to the Shetland Transport Partnership Order 2006 (S.S.I. 2006/527), art. 3, Sch. 1 (with art. 5)

S. 63: functions transferred (S.) (7.11.2006) by The Transfer of Functions to the South-West of Scotland Transport Partnership Order 2006 (S.S.I. 2006/538), art. 3, Sch. 1 (with art. 5)

C5 S. 63(7) excluded (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 51(1) of Order

S. 63(7) excluded (24.7.2001) by S.I. 2001/3627, art. 50

S. 63(7) excluded (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 53 (with s. 75)

S. 63(7) excluded (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 53 (with ss. 76, 84)