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The West Yorkshire Passenger Transport Area (Establishment of Executive) Order 1973

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11.—(1) Subject to the provisions of this Article and of Article 12 below, any statutory provision which confers or imposes, or which otherwise relates to, any such power or duty as is transferred to the Executive under Article 10 above shall have effect, as respects anything falling to be done on or after 1st April 1974, as if any reference therein (however worded and whether expressed or implied) to the operating authority were construed—

(a)in a case where the statutory provision relates solely to the transferred undertaking, as a reference to the Executive, and

(b)in a case where the statutory provision relates to the transferred undertaking and to other activities of the operating authority, as including a reference to the Executive.

(2) Where by reason of this Order any power conferred by a local statutory provision to make byelaws or other regulations in relation to a transferred undertaking is transferred to the Executive, any byelaws or regulations made in exercise of that power and in force immediately before 1st April 1974 shall have effect on and after that date as if they had been made by the Executive.

(3) No local statutory provision with respect to the financial duties, the application of revenue, the borrowing powers or the accounts of the operating authority in relation to a transferred undertaking shall apply to the Executive, and no local statutory provision shall have effect so as to require the Executive to keep separate accounts or records for each transferred undertaking, or to use particular facilities or assets for the purpose only of a particular transferred undertaking, or otherwise to retain a transferred undertaking as a separate undertaking.

(4) No local statutory provision which immediately before 1st April 1974 has effect as respects a transferred undertaking so as to—

(a)impose a prohibition on the manufacture of vehicles by the operating authority, or

(b)prohibit or restrict the operation by the operating authority of public service vehicles on roads outside the area of that authority, or require the consent of the Secretary of State or of the relevant local or highway authority to, or to the manner of, such operation, or provide for the termination of such operation in certain events, or

(c)require the operating authority to make to the highway authority for any road on which there is being, or is to be, operated a service provided by the transferred undertaking, a contribution towards the cost of the maintenance, adaptation or improvement of that road so that it can be used or prepared for use by the service in question, or

(d)prohibit the carriage of goods on vehicles of that undertaking, or

(e)limit the discretion of the operating authority as to the fares or rates which they may charge, or as to any other charges which they may demand, for the use of any service or facility provided by the transferred undertaking (whether by specifying, or providing for specifying, the fares, rates or charges, or by fixing, or providing for fixing, maximum fares, rates or charges, or otherwise),

shall apply to the Executive, and no local statutory provision which in any other way limits the manner or extent of the operation of a transferred undertaking shall have effect on and after 1st April 1974 so as to prevent or restrict the exercise by the Executived of the powers, or the performance by them of the duties, conferred or imposed on them by Part II of the Act of 1968, but nothing in this paragraph shall—

(i)affect the application (subject to section 19 of the Act of 1968) of Part III of the Road Traffic Act 1960 or of any condition attached to a road service licence granted under that Act, or

(ii)affect the application of any order made, or having effect as if made, under the Road Traffic Regulation Act 1967, or the application of any other local statutory provision of a similar nature, which prohibits, restricts, or regulates the use of any road by all vehicles or by all vehicles of any particular class or description, or

(iii)entitle the Executive to disregard a prohibition or restriction on the use of a particular route by public service vehicles of a transferred undertaking in a case where the prohibition or restriction was specifically imposed for the protection of a particular operator of public service vehicles (not being an operating authority) named in the statutory provision imposing the prohibition or restriction, and that operator or a successor in title of his continues to operate such vehicles on that route on and after 1st April 1974, or

(iv)entitle the Executive to disregard a prohibition on the use of a particular highway or the highways in a particular locality, being a highway or highways which are not maintainable at the public expense by a highway authority, by public service vehicles of a transferred undertaking, before obtaining the consent of the person (not being a highway authority) named in the statutory provision imposing the prohibition as the person whose prior consent to such use is requisite.

(5) Where any local statutory provision, which immediately before 1st April 1974 has effect as respects a transferred undertaking so as to empower the operating authority—

(a)to provide and maintain in any highway which is comprised in the route of public service vehicles, or on any land abutting on such a highway, shelters or other accommodation at stopping places on the route for the use of persons intending to travel on such vehicles, or

(b)to erect and maintain in any such highway barriers or posts for the regulation of persons waiting to enter public service vehicles,

has effect on and after that date so as to empower the Executive to provide and maintain such shelters or other accommodation or to erect and maintain such barriers or posts as aforesaid, then the provisions of sections 5 and 6 of the Local Government (Miscellaneous Provisions) Act 1953 (which relate to consents to the exercise of powers to provide omnibus shelters and contain supplementary provisions as to such shelters) shall—

(i)apply in relation to any exercise by the Executive of the power under the local statutory provision in question as they apply in relation to the exercise by a local authority of the power conferred by section 4 of the said Act of 1953, and

(ii)have effect as respects anything falling to be done on or after 1st April 1974 in substitution for so much (if any) of that local statutory provision as relates to the matters provided for in the said sections 5 and 6.

(6) Any local statutory provision which immediately before 1st April 1974 has effect as respects a transferred undertaking so as to empower the operating authority to place on or attach to posts or structures on or in the highway signs, directions or notices relating to the services provided by the undertaking shall have effect on and after that date so as to empower the Executive to place or attach signs, directions or notices relating to any of the services provided by them on or to such posts or structures belonging to the council of the county or the district in which they are situated as well as to other persons, but the Executive shall not exercise such power to place or attach any sign, direction or notice on or to a post or structure without first obtaining the consent of the person to whom the post or structure belongs.

(7) No local statutory provision shall by virtue of this Article apply to any area to which it did not apply immediately before 1st April 1974.

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