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Part IIE+W Regulation of Road Passenger Transport in London

Modifications etc. (not altering text)

C1Pt. II (ss. 34–46) modified by S.I. 1984/748, regs. 5(2), 6(2) (as amended by S.I. 1987/1755, reg. 2(2)(a))

Pt. II modified during the transitional period (beginning with 3rd July 2000 and ending with the last day on which a London local service licence granted under the 1985 Act ceases to be in force) and cease to have effect immediately after the end of that transitional period by virtue of S.I. 2000/1462, art. 3

London local service licencesE+W

35 London local service licences.E+W

(1)Subject to subsection (2) below and to section 36 of this Act, a London local service shall not be provided except under a London local service licence granted in accordance with the following provisions of this Part of this Act.

(2)A London local service licence is not required for the provision by any person under an agreement with the Railways Board [F1, or the Director of Passenger Rail Franchising, of any service secured by the Board or, as the case may be, the Director of Passenger Rail Franchising under section 4A of the 1962 Act (provision of road passenger transport services.)]

(3)The traffic commissioner for the Metropolitan Traffic Area (referred to below in this Part of this Act as the metropolitan traffic commissioner) shall be responsible for granting London local service licences.

(4)Subject to subsection (5) below and to section 39(4) of this Act, a London local service licence shall be of no effect at any time at which the holder does not also hold—

(a)a PSV operator’s licence granted by the metropolitan traffic commissioner or by the traffic commissioner for any other traffic area F2. . .; or

(b)a permit under section 22 of this Act.

(5)Subsection (4) above does not apply to a London local service licence held by a local education authority.

(6)Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a London local service is provided in contravention of subsection (1) above, the operator of the service shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F1Words in s. 35(2) substituted (14.7.1994) by S.I. 1994/1649, art. 2, Sch. para. 2(b)

F2Words in s. 35(4)(a) repealed (8.11.1995) by 1995 c. 44, s. 1 Sch. 1 Pt. V Group 2