Transport Act 1985

[F1 6B Applications for registration where quality contracts scheme in force E+W

(1) This section applies—

(a) by virtue of subsection (2B) of section 6 of this Act (“Case 1”), in relation to registration of the proposed local service mentioned in that subsection;

(b) by virtue of subsection (7A) of that section (“Case 2”), in relation to the proposed variation of the registration mentioned in that subsection.

(2) Where this section applies, the operator may apply to a traffic commissioner—

(a) in Case 1, for registration of the proposed service under section 6 of this Act, or

(b) in Case 2, for variation of the registration under that section,

notwithstanding anything in section 129(1)(a) of the Transport Act 2000 (sections 6 to 9 of this Act not to apply).

(3) The traffic commissioner must not accept the application except in accordance with subsections (4) to (6) below.

(4) On receipt of the application, the traffic commissioner must consult the authority or authorities who made the quality contracts scheme.

(5) If, within the prescribed time, the traffic commissioner receives from the authority or authorities a clearance certificate in respect of the application, the traffic commissioner must—

(a) in Case 1, register the service under section 6 of this Act, or

(b) in Case 2, vary the registration under that section.

(6) If the traffic commissioner does not receive such a certificate within that time, the application must be rejected.

(7) In relation to Case 2, regulations may prescribe cases in which subsections (3) to (6) above do not apply.

(8) In this section—

• “clearance certificate” means a certificate that the provision—

  (a)

  in Case 1, of the proposed local service, or

  (b)

  in Case 2, of the local service as proposed to be varied,

  will not have an adverse effect on local services provided under quality contracts in the area to which the quality contracts scheme relates;

• “prescribed” means prescribed in regulations;

• “the relevant authority or authorities” means the authority or authorities—

  (a)

  who last continued the quality contracts scheme in force under section 131A of the Transport Act 2000, or

  (b)

  if the scheme has not been so continued, who made it.

• [F2 “the traffic commissioner” means the traffic commissioner dealing with the application.]

[F3 (9) The power to make regulations under subsections (5) and (7), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State).]]

Textual Amendments

F1 S. 6B inserted (26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 49(5), 134(1)(c)(4); S.I. 2009/3242, art. 2(2)

F2 Words in s. 6B(8) inserted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F3 S. 6B(9) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 27(4), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(f)

Modifications etc. (not altering text)

C1 Ss. 6-9 excluded by 2000 c. 38, s. 123J(2) (as inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 4, 26(3)) (with transitional provisions (24.4.2018) in S.I. 2018/406, regs. 1(2), 4-8 (with reg. 1(3)))

C2 Ss. 6-9 excluded (S.) (4.12.2023) by 2001 asp 2, s. 13B(1)(a) (as substituted by Transport (Scotland) Act 2019 (asp 17), ss. 38(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.)

C3 S. 6B(3)-(6) excluded (E.W.) (11.1.2010 for E.) by The Public Service Vehicles (Registration of Local Services) (Quality Contracts Schemes) (England and Wales) Regulations 2009 (S.I. 2009/3245), regs. 1(2), 11