Transport Act 1985

72 The public transport companies and their controlling authorities. E+W+S

(1) References in this Part of this Act to a public transport company are references to any of the following—

(a) any company which was formed under section 59 of this Act by the Passenger Transport Executive for any [F1 integrated transport area or] passenger transport area and is for the time being a subsidiary of that Executive or of the [F2 Integrated Transport Authority or] Passenger Transport Authority for that area;

(b) any company which was formed under section 61 of this Act [F3 by the Integrated Transport Authority for any integrated transport area or] by the Passenger Transport Authority for any passenger transport area and is for the time being a subsidiary of that Authority; and

(c) [F4 any company which was formed by one or more councils under section 67 of this Act and is for the time being under local authority control.]

(2) [F5 A company formed under section 67 of this Act shall be treated for the purposes of subsection (1)(c) above as under local authority control at any time when either—

(a) it is a subsidiary of a single district council in England and Wales or, in Scotland, of a single [F6 council (other than the council for Orkney Islands, Shetland Islands or Western Isles)] or

(b) if two or more such councils who are members of the company were a single body corporate, it would be a subsidiary of that body corporate.]

(3) References in this Part of this Act to a public transport company’s controlling authority—

(a) in relation to a company within subsection (1)(a) or (b) above, are references to the Passenger Transport Executive or (as the case may be) [F7 the Integrated Transport Authority or] the Passenger Transport Authority of whom it is a subsidiary; and

(b) [F8 in relation to a company within subsection (1)(c) above, are references to the council or councils referred to in subsection (2) above.]

(4) References in this Part of this Act to a composite authority are references to a controlling authority consisting of two or more such councils as are referred to in subsection (2) above, and the councils concerned are referred to as the component councils of that authority.

(5) For the purposes of this Part of this Act a public transport company is an associated company—

(a) in relation to [F9 an Integrated Transport Authority or] a Passenger Transport Authority if that Authority or the Passenger Transport Executive for that Authority’s area are its controlling authority;

(b) in relation to a Passenger Transport Executive if that Executive or the [F10 Integrated Transport Authority or] Passenger Transport Authority for that Executive’s area are its controlling authority; and

(c) [F11 in relation to a district council in England and Wales or, in Scotland, a [F6 council (other than the council for Orkney Islands, Shetland Islands or Western Isles)] if that council are its controlling authority or one of the component councils of a composite authority who are its controlling authority.]

Textual Amendments

F1 Words in s. 72(1)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(2)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F2 Words in s. 72(1)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F3 Words in s. 72(1)(b) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(3); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F4 S. 72(1)(c) repealed (S.) (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 34(2), 130(2) (with ss. 34(3), 126); S.S.I. 2022/204, reg. 2(a)

F5 S. 72(2) repealed (S.) (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 34(2), 130(2) (with ss. 34(3), 126); S.S.I. 2022/204, reg. 2(a)

F6 Words in s. 72(2)(a)(5)(c) substituted (S.) (1.4.1996) by S.I. 1996/974, art. 2(1), Sch. 1 Pt. I para. 7(d)

F7 Words in s. 72(3)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F8 S. 72(3)(b) repealed (S.) (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 34(2), 130(2) (with ss. 34(3), 126); S.S.I. 2022/204, reg. 2(a)

F9 Words in s. 72(5) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(5)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F10 Words in s. 72(5) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(5)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F11 S. 72(5)(c) repealed (S.) (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 34(2), 130(2) (with ss. 34(3), 126); S.S.I. 2022/204, reg. 2(a)

Modifications etc. (not altering text)

C1 Pt. 4: functions made exercisable (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(1)

C2 Ss. 72-76: functions made exercisable concurrently (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(4)