Part 1The traffic commissioners
4Amendments of Schedule 2 to the PPVA 1981
I1I31
Schedule 2 to the PPVA 1981 (traffic commissioners) is amended as follows.
I22
In paragraph 1 (removal of traffic commissioner for inability or misbehaviour) for “for inability or misbehaviour” substitute
on the grounds that the traffic commissioner—
a
has misbehaved; or
b
is unable, unfit or unwilling to perform the functions of traffic commissioner to a standard which the Secretary of State considers satisfactory
I23
The amendment made by subsection (2) has effect in relation to traffic commissioners appointed before, as well as traffic commissioners appointed on or after, the day on which that amendment comes into force.
I44
After paragraph 2 insert—
2ADeputy traffic commissioners for England and Wales
1
The Secretary of State may appoint such number of persons to be deputy traffic commissioners for England and Wales as the Secretary of State thinks fit.
2
A deputy traffic commissioner for England and Wales—
a
may exercise any functions of a traffic commissioner in any traffic area in England and Wales; and
b
may exercise in relation to the Scottish Traffic Area any functions of a traffic commissioner that relate to reserved matters.
3
Appointment as a deputy traffic commissioner for England and Wales shall be upon such terms and conditions, including conditions as to the time to be devoted to the duties of the office, as the Secretary of State may determine.
4
A deputy traffic commissioner for England and Wales shall carry out such of the functions of that office as the senior traffic commissioner may determine under section 4B of this Act—
a
in relation to such matters relating to England and Wales, or
b
as respects Scotland, in relation to such reserved matters,
as the senior traffic commissioner may so determine.
5
A deputy traffic commissioner for England and Wales shall carry out such of those functions as the senior traffic commissioner may determine under section 4B of this Act at such places—
a
in England and Wales, or
b
in the case of functions which relate to reserved matters and are exercisable in relation to Scotland, in Scotland,
as the senior traffic commissioner may so determine.
6
In this paragraph “reserved matters” means reserved matters within the meaning of the Scotland Act 1998.
I45
In consequence of the amendments made by this section, at the end of the italic heading preceding paragraph 3 there is inserted “
in Scotland
”
.
I46
After that heading, insert—
2B
Paragraphs 3 to 5 below have effect in relation to the Scottish Traffic Area only.
I47
After paragraph 5 insert—
5AAppointment of acting traffic commissioner during vacancy
1
Where the office of any traffic commissioner for England and Wales becomes vacant, the Secretary of State may appoint a person (whether or not over the age of 65) to act as a traffic commissioner for England and Wales pending the appointment of a new traffic commissioner under section 4 of this Act.
2
Any person appointed under sub-paragraph (1) above shall—
a
hold office for such period as the Secretary of State specifies when making the appointment; and
b
during that period be treated for all purposes (except those of paragraph 9 below) as a traffic commissioner for England and Wales.
I48
In consequence of the amendment made by subsection (7), in paragraph 6(1)
(appointment of acting traffic commissioner during vacancy) after “for any traffic area” insert “
in Scotland
”
.
I49
In paragraph 9 (principal civil service pension scheme) for “traffic commissioner for each of the traffic areas” substitute “
traffic commissioner for England and Wales or for the Scottish Traffic Area
”
.