Provision of services by local transport authorities – section 34
106.Section 34 of the Act inserts new section 2A to the 2001 Act which enables local transport authorities to provide services for the carriage of passengers by road using vehicles requiring a PSV operator’s licence. The local transport authority must be satisfied that the provision of such services will contribute to the implementation of their relevant general policies (as defined in section 48 of the 2001 Act). The new function in section 2A is also added to the list of matters, in section 79 of the 2001 Act, which the Scottish Ministers may issue guidance in relation to the exercise of, and local transport authorities must have regard to any such guidance.
107.Subsection (2) repeals the provisions of the 1985 Act which placed a restriction on councils operating such services and which allowed for a transition of existing services out to public transport companies. However, subsection (3) provides that repealed provisions will continue to have effect in so far as is necessary for any existing services or undertaking which relies upon them.
