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Statutory Instruments

2009 No. 443

Public Passenger Transport, England And Wales

The Public Service Vehicles (Registration Restrictions) (England and Wales) Regulations 2009

Made

28th February 2009

Laid before Parliament

6th March 2009

Coming into force

6th April 2009

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 6(9)(b) and (c) and 6A(3)(b) and (11) of the Transport Act 1985(1) and section 5(1) of the Public Passenger Vehicles Act 1981(2).

Representative organisations have been consulted by the Secretary of State in accordance with section 61(2) of the Public Passenger Vehicles Act 1981(3).

The Secretary of State has consulted the Administrative Justice and Tribunals Council in accordance with paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007(4).

(1)

1985 c. 67. Under section 137 of this Act, “regulations” means regulations made by the Secretary of State. Section 6(2A) was inserted by section 48(1) and (2) of the Local Transport Act 2008 (c. 26). There are other amendments to section 6 but none is relevant. Section 6A was inserted by section 48(1) and (3) of the Local Transport Act 2008.

(2)

1981 c. 14. Section 5(1) was substituted by the Transport Act 1985, section 3(2).

(3)

Section 134 of the Transport Act 1985 provides that section 60 of the Public Passenger Vehicles Act 1981 (general power to make regulations for purposes of Act) has effect as if Parts 1 and 2 of the Transport Act 1985 were contained in the Public Passenger Vehicles Act 1981. The requirements in sections 60 and 61 of the Public Passenger Vehicles Act 1981 apply therefore to the making of these Regulations. Section 61 was amended by the Transport Act 1985, sections 135(1) and 139(3) and Schedule 8.

(4)

2007 c. 15. The effect of paragraph 24(1) of Schedule 7 to this Act is that the power of the Secretary of State to make procedural rules for any listed tribunal can be exercised only after consultation with the Council. The traffic commissioners for England and Wales are a listed tribunal for the purposes of paragraph 24(1) by virtue of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007 (S.I. 2007/2951).