The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013

Article 4

SCHEDULE 4 Amendments extending to England and Wales — Subordinate Legislation

The Public Service Vehicles (Lost Property) Regulations 1978(1)

Provision	Amendment
Regulation 7(2) (safe custody and recording of property).	In paragraph (3), for “the traffic commissioners for the area in which the record is kept”, substitute “a traffic commissioner”.

The Public Service Vehicles (Registration of Local Services) Regulations 1986(3)

Provision	Amendment
Regulation 3(4) (applications for registration),	For paragraphs (1) and (2), substitute— “(1) An application for registration of particulars of a service shall be made to a traffic commissioner.”
	In paragraph (3), for “the traffic commissioner to whom it is made”, substitute “a traffic commissioner”.
	In paragraph (4), for “the traffic commissioner”, substitute “a traffic commissioner”.
	In paragraph (5)— (a) for “The traffic commissioner”, substitute “A traffic commissioner”; and (b) omit “by him”.
Regulation 7(5) (which modifies section 6 of the Transport Act 1985(6) in certain cases),	In paragraph (1)(a), for “the traffic commissioner”, substitute “a traffic commissioner”.
Regulation 9(7) (variations of registered services),	In paragraph (3), for “the traffic commissioner with whom the service is registered”, substitute “a traffic commissioner”.
Regulation 9A(8) (cancellation).	In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”.
	In paragraph (2)— (a) in sub-paragraph (a), for the words from “without first” to “to do so”, substitute “unless a notice in writing of the intention to do so has been sent by post”; and (b) in sub-paragraph (b), for “he sent the notice”, substitute “the notice was sent”.
	In paragraph (4)— (a) for “The traffic commissioner”, substitute “A traffic commissioner”; and (b) omit “by him”.

The Public Service Vehicles (Traffic Regulation Conditions) (England and Wales) Regulations 2004(9)

Provision	Amendment
regulation 6 (requests for inquiries),	In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”.
	In paragraph (2), for the words from “the traffic commissioner” to “traffic regulation conditions)”, substitute “for an inquiry to be held after a determination of traffic regulation conditions has been made)”.
Regulation 7 (appeals),	In paragraph (3)(a), after “is made”, insert “or, as the case may be, such other traffic commissioner as may be required by the senior traffic commissioner to deal with the appeal”.
	In paragraph (3)(b), for “the traffic commissioner” where those words first occur, substitute “a traffic commissioner”.
regulation 8 (requirements for writing and delivery),	For “the traffic commissioner in question” substitute “a traffic commissioner”.
regulation 9 (computation of time).	In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”.

The Public Service Vehicles (Registration Restrictions) (England and Wales) Regulations 2009(10)

Provision	Amendment
Regulation 2 (interpretation),	In paragraph (1) in the definition of “notice”, for “the traffic commissioner”, substitute “a traffic commissioner”.
regulation 3 (procedure for giving notice),	In paragraph (2)(b), for “the traffic commissioner”, substitute “a traffic commissioner”.
regulation 4 (procedure for making relevant representations),	In paragraph (1)(b), for “who gave the notice”, substitute “dealing with the relevant application”.
	In paragraph (3), for “the traffic commissioner”, substitute “the traffic commissioner dealing with the relevant application”.
	In paragraph (4)— (a) for “the traffic commissioner has made a decision”, substitute “a decision has been made”; and (b) for “the traffic commissioner” in the second place where those words occur, substitute “the traffic commissioner dealing with the relevant application”.
regulation 5 (procedure to be followed in determining the application),	In paragraph (1)— (a) for “to the traffic commissioner, the traffic commissioner must”, substitute “, the traffic commissioner dealing with the relevant application must”; and (b) for “the relevant application”, substitute “the application”.
	In paragraph (3)(b), for “the traffic commissioner”, substitute “a traffic commissioner”.
	In paragraph (5), for “the traffic commissioner” in the first place where those words occur, substitute “the traffic commissioner dealing with the relevant application”.
regulation 6 (period of notice for purposes of section 6 of the 1985 Act).	In paragraph (1), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”.
	In paragraph (3)(a), for “the traffic commissioner”, substitute “the traffic commissioner dealing with the relevant application”.

The Public Service Vehicles (Registration of Local Services) (Quality Contracts Schemes) (England and Wales) Regulations 2009(11)

Provision	Amendment
regulation 4 (period of notice for new registration during transitional period),	In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”.
regulation 5 (period of notice for cancellation of registration during transitional period),	In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”.
regulation 6 (period of notice for variation of registration during transitional period),	In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”.
	In paragraph (3), for “the traffic commissioner”, substitute “the traffic commissioner dealing with the matter in question”.
regulation 7 (determination of period by traffic commissioner),	In paragraph (1)(a), for “the traffic commissioner”, substitute “a traffic commissioner”.
regulation 10 (prescribed time for submission of clearance certificate).	For “the traffic commissioner”, in both places where those words occur, substitute “a traffic commissioner”.

The Quality Contracts Schemes (Application of TUPE) Regulations 2009(12)

Provision	Amendment
Regulation 2 (interpretation),	In paragraph (1), in sub-paragraph (b) of the definition of “relevant operator”, for “the traffic commissioner”, substitute “a traffic commissioner”.
regulation 9 (additional provisions where situation in section 134B(2) arises).	In paragraph (1)(a), for “the traffic commissioner”, substitute “a traffic commissioner”.

(1)

S.I. 1978/1684.

(2)

Paragraph (3) was amended by S.I. 1995/185, regulation 2(3).

(3)

S.I. 1986/1671. The Regulations were revoked in relation to Scotland by SSI 2001/219, regulation 3(1) and Schedule 2.

(4)

Regulation 3(1) and (2) were substituted by S.I. 2004/10, regulations 2 and 4.

(5)

To which there are amendments which are not relevant to this Order.

(6)

1985 c.67.

(7)

Regulation 9(3) was inserted by S.I. 1988/1879, regulation 6. There are other amendments to regulation 9 which are not relevant to this Order.

(8)

Regulation 9A was inserted by S.I. 1988/1879, regulation 7. There are amendments which are not relevant to this Order.

(9)

S.I. 2004/2682.

(10)

S.I. 2009/443.

(11)

S.I. 2009/3245. These Regulations come into force as respects Wales on a date to be appointed.

(12)

S.I. 2009/3246.