Transport Act 1968

9[F3Passenger Transport Areas, Authorities and Executives.] [F3Areas, Authorities and Executives.]E+W+N.I.

[F4(1)[F5Subject to any order under section 42(1)(c) of the Local Government Act 1985 (alteration or abolition of passenger transport areas, etc.)] for the purposes of this Part of this Act—

(a)each of the following areas [F6shall be designated as follows], that is to say—

(i)in England and Wales, [F7each of the metropolitan counties [F8except [F9a metropolitan county which is or is included in a combined authority area]] [F10or a combined county authority area] shall be an integrated transport area]; F11...

F12(ia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)in Scotland, such area to be known as the Strathclyde Passenger Transport Area as the Minister may designate for the purposes of section 40 of the Local Government etc. (Scotland) Act 1994 [F13shall be a passenger transport area];

[F14(aa)any reference to a “combined authority” is to an authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009 for an area which is or includes a metropolitan county;

(ab)any reference to a “combined authority area” is to an area for which a combined authority is established;]

[F15(ac)any reference to a “combined county authority” is to an authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 for an area which is or includes a metropolitan county;

(ad)any reference to a “combined county authority area” is to an area for which a combined county authority is established;]

(b)[F16any reference to “the Authority” is a reference to—

(i)in relation to an integrated transport area in England and Wales, the Integrated Transport Authority established for the metropolitan county which is coterminous with or includes that integrated transport area; F17...]

[F18(ia)in relation to a combined authority area [F19(except as mentioned in sub-paragraph (ib))], the combined authority;]

[F20(iaa)in relation to a combined county authority area, the combined county authority;]

[F21(ib)in relation to the areas of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, those authorities acting jointly through the joint transport committee appointed under article 8 of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018;]

[F22(ii)in relation to the Strathclyde Passenger Transport Area, the Strathclyde Passenger Transport Authority]

(c)[F23the Passenger Transport Executive for a passenger transport area (referred to below in this Part of this Act, in relation to that area, as “the Executive") shall be ] [F23any reference to “the Executive” is a reference to—]

[F24(i)in England and Wales] [F25(except as mentioned in [F26sub-paragraph (ia)] [F26sub-paragraphs (ia) to (ie)])] the body which immediately before the date mentioned in paragraph (a) above was the Passenger Transport Executive for the designated area for the purposes of this Part of this Act corresponding to that passenger transport area; [F27and

[F28(ia)in relation to the area of the West Yorkshire Combined Authority, that Authority;]

[F29(iaa)in relation to the area of the West Midlands Combined Authority, that Authority;]

[F30(ib)in relation to the area of the Greater Manchester Combined Authority, the Greater Manchester Passenger Transport Executive;

(ic)in relation to the area of the Greater Merseyside Combined Authority, the Merseyside Passenger Transport Executive;

(id)in relation to the area of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority, the South Yorkshire Passenger Transport Executive;

[F31(ie)in relation to the areas of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, the Tyne and Wear Passenger Transport Executive;]]

(ii)in Scotland, the Strathclyde Passenger Transport Executive]

(2)The Executive for [F32an integrated transport area [F33, [F34a combined authority area]] [F35, a combined county authority area] or] a passenger transport area consists of—

(a)a Director General appointed in accordance with Part II of Schedule 5 to this Act by the Authority; and

(b)not less than two nor more than eight other members so appointed by the Authority after consultation with the Director General.

(3)Subject to subsection (2) of this section and Part II of Schedule 5 to this Act, the Secretary of State may by order make with respect to the Executive for any [F36integrated transport area [F33, [F37a combined authority area]] [F38, a combined county authority area] or] passenger transport area—

(a)such provision with respect to any of the matters referred to in Part III of that Schedule; and

(b)such supplementary, incidental and consequential provision;

as appears to the Secretary of State to be necessary or expedient.

(4)Before making any order under subsection (3) of this section, the Secretary of State shall consult with [F39the Passenger Transport Authority] [F39the Authority] for the area and, where the area is in England and Wales, with the councils of the districts comprised in the [F40county which is coterminous with or includes that] area.]

(5)Each of the councils of the districts comprised in [F41a county which is coterminous with or includes] [F42a passenger transport area] [F42an integrated transport area] [F43[F44or [F45a combined authority area] [F44a combined authority area or a combined county authority area]]] and each of the following bodies namely, the Authority, the Executive and any subsidiary of the Executive, shall have power to enter into and carry out agreements with one another for the giving of assistance by that council to that body or, as the case may be, by that body to that council by way of making available to the assisted party any services or facilities provided by, or any property of, the assisting party.

F46(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In relation to any area in Scotland or Wales, any reference to the Minister in any provision of this Part of this Act or Schedule 5 F47. . . thereto other than [F48section 20(6) and (7)] shall be construed as a reference to the Secretary of State.

[F49(6A)This section applies in relation to [F50each of the authorities within subsection (6B)] as if—

(a)subsections (2) to (4) were omitted; and

(b)in subsection (5), the words “the Executive and any subsidiary of the Executive”. were omitted.]

[F51(6B)The authorities referred to in subsection (6A) are—

(a)the West Yorkshire Combined Authority;

(b)the West Midlands Combined Authority.]

[F52(6C)Subsection (1)(ab) applies in relation to each of the authorities within subsection (6D) as if for the words “an area for which a combined authority is established” there were substituted “the area consisting of the areas for which the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority are established”.

(6D)The authorities referred to in subsection (6C) are—

(a)the Durham, Gateshead, South Tyneside and Sunderland Combined Authority;

(b)the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority.]

Extent Information

E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F4S. 9(1)–(4) substituted by Transport Act 1985 (c.67, SIF 126) s. 57(1)(a)

F7Words in s. 9(1)(a)(i) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 2(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F10Words in s. 9(1)(a)(i) inserted (26.12.2023) (E.W.) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(2)(a) (with s. 247)

F11Word in s. 9(1)(a)(i) omitted (E.W.) (1.4.2011) by virtue of The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), art. 1, Sch. 2 para. 2(b)

F13Words in s. 9(1)(a) become words in s. 9(1)(a)(ii) (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 2(2)(c); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F15S. 9(1)(ac)(ad) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(2)(b) (with s. 247)

F17Word in s. 9(1)(b)(i) omitted (E.W.) (1.4.2011) by virtue of The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), art. 1, Sch. 2 para. 3(a)

F22S. 9(1)(b)(ii) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(b); S.I. 1996/323, art. 4(1)(b)(c)

F24Words inserted and words in s. 9(1)(c) renumbered as s. 9(1)(c)(i) (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(c)(i); S.I. 1996/323, art. 4(1)(b)(c)

F26Words in s. 9(1)(c)(i) substituted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 9(2)(a)

F27S. 9(1)(c)(ii) and preceding word inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(c)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F30S. 9(1)(c)(ib)-(ie) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 9(2)(b)

F35Words in s. 9(2) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(3) (with s. 247)

F38Words in s. 9(3) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(4) (with s. 247)

F44Words in s. 9(5) substituted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(5) (with s. 247)

Modifications etc. (not altering text)

C5S. 9(5) modified (E.W.) (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 19(1)

9 Passenger Transport Areas, Authorities and Executives.S

[F53(1)[F54Subject to any order under section 42(1)(c) of the Local Government Act 1985 (alteration or abolition of passenger transport areas, etc.)] for the purposes of this Part of this Act—

(a)each of the following areas , that is to say—

(i)in England and Wales, the metropolitan counties; and

[F55(ii)in Scotland, such area to be known as the Strathclyde Passenger Transport Area as the Minister may designate for the purposes of section 40 of the Local Government etc. (Scotland) Act 1994;]

shall be a passenger transport area;

(b)the Passenger Transport Authority for a passenger transport area (referred to below in this Part of this Act, in relation to that area, as “the Authority”) shall be—

(i)in relation to a passenger transport area in England and Wales, the metropolitan county [F56passenger transport authority for the county which is coterminous with or includes that passenger transport area]; and

[F22(ii)in relation to the Strathclyde Passenger Transport Area, the Strathclyde Passenger Transport Authority]

(c)the Passenger Transport Executive for a passenger transport area (referred to below in this Part of this Act, in relation to that area, as “the Executive") shall be

[F24(i)in England and Wales] the body which immediately before the date mentioned in paragraph (a) above was the Passenger Transport Executive for the designated area for the purposes of this Part of this Act corresponding to that transport area]

[F27and

(ii)in Scotland, the Strathclyde Passenger Transport Executive]

(2)The Executive for a passenger transport area consists of—

(a)a Director General appointed in accordance with Part II of Schedule 5 to this Act by the Authority; and

(b)not less than two nor more than eight other members so appointed by the Authority after consultation with the Director General.

(3)Subject to subsection (2) of this section and Part II of Schedule 5 to this Act, the Secretary of State may by order make with respect to the Executive for any passenger transport area—

(a)such provision with respect to any of the matters referred to in Part III of that Schedule; and

(b)such supplementary, incidental and consequential provision;

as appears to the Secretary of State to be necessary or expedient.

(4)Before making any order under subsection (3) of this section, the Secretary of State shall consult with the Passenger Transport Authority for the area and, where the area is in England and Wales, with the councils of the districts comprised in the [F57county which is coterminous with or includes that] area.

(5)Each of the councils [F58constituted under section 2 of the Local Government etc.(Scotland) Act 1994 whose area (or any part of whose area) falls within the Strathclyde Passenger Transport Area] and each of the following bodies namely, the Authority, the Executive and any subsidiary of the Executive, shall have power to enter into and carry out agreements with one another for the giving of assistance by that council to that body or, as the case may be, by that body to that council by way of making available to the assisted party any services or facilities provided by, or any property of, the assisting party.

(6)In relation to any area in Scotland or Wales, any reference to the Minister in any provision of this Part of this Act or Schedule 5. . . F59thereto other than [F60section 20(6) and (7)] shall be construed as a reference to the Secretary of State.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only.

Textual Amendments

F22S. 9(1)(b)(ii) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(b); S.I. 1996/323, art. 4(1)(b)(c)

F24Words inserted and words in s. 9(1)(c) renumbered as s. 9(1)(c)(i) (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(c)(i); S.I. 1996/323, art. 4(1)(b)(c)

F27S. 9(1)(c)(ii) and preceding word inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(c)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F53S. 9(1)–(4) substituted by Transport Act 1985 (c.67, SIF 126) s. 57(1)(a)

F55S. 9(1)(a)(ii) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(a); S.I. 1996/323, art. 4(1)(b)(c)

F58Words in s. 9(5) substituted (S.) (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. I para. 2