Transport Act 1985

[F1 6A Applications for registration etc where restrictions are in force E+W

(1) This section applies in any case where—

(a) any registration restrictions imposed under section [F2 113D(1) or] 114(3A) of the Transport Act 2000 are in force in the case of [F3 an advanced quality partnership scheme or] a quality partnership scheme (“the scheme”);

(b) an application for registration, or for variation or cancellation of registration, is made under section 6 of this Act F4 ... in respect of a local service in relation to which those restrictions have effect; and

(c) the application is one which would fall to be accepted by [F5 a traffic commissioner], apart from this section.

(2) In any such case the traffic commissioner, before deciding whether or not to accept the application, must give to—

(a) each relevant authority, and

(b) each relevant operator,

a notice complying with subsection (3) below.

(3) The notice must—

(a) identify the application and state that it has been made;

(b) provide prescribed particulars of the application;

(c) inform the persons to whom it is required to be sent of the right of each of them to make relevant representations to the traffic commissioner about the application.

(4) If no relevant representations are made, the application is to be accepted.

(5) If any relevant representations are made by a relevant authority or a relevant operator, the traffic commissioner must decide whether the effect of accepting the application would be detrimental to the provision of local services under the scheme.

(6) The traffic commissioner may decide that question only after—

(a) considering those representations;

(b) taking account of any other relevant applications and any relevant representations made in relation to those applications;

(c) holding such inquiries under section 54 of the 1981 Act as the traffic commissioner may think fit; and

(d) applying the registration criteria.

(7) If the traffic commissioner decides that the effect of accepting the application would not be detrimental to the provision of such services, the application is to be accepted.

(8) If subsection (7) above does not apply, the traffic commissioner may do any one or more of the following—

(a) refuse to accept the application;

(b) require the applicant to amend the application in such respects as the traffic commissioner may require before submitting it again;

(c) if the applicant has not given a written undertaking under section [F6 113J(4) or (5) or] 118(4) of the Transport Act 2000 in relation to the scheme, require the applicant to give such an undertaking before the application may be accepted.

(9) An appeal against any decision of a traffic commissioner under this section may be made to the [F7 Upper Tribunal] by any of the following persons—

(a) the person who made the application;

(b) any relevant authority that made relevant representations against the application;

(c) any relevant operator who made relevant representations against the application.

F8 ...

F9 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) Regulations may be made for the purposes of carrying this section into effect; and the provision that may be made by any such regulations includes provision—

(a) as to the procedure for giving notice under subsection (2) above;

(b) prescribing the particulars of the application that are to be provided in such a notice;

(c) as to the procedure for making relevant representations;

(d) as to the procedure to be followed in determining the application.

(12) In this section—

• [F10 “advanced quality partnership scheme” means a scheme under section 113C of the Transport Act 2000;]

• “quality partnership scheme” means a scheme under section 114 of the Transport Act 2000;

• [F11 “registration criteria”—

  (a)

  in relation to an advanced quality partnership scheme, means the criteria specified in the scheme by virtue of section 113D(3) of the Transport Act 2000;

  (b)

  in relation to a quality partnership scheme, means the criteria specified in the scheme by virtue of section 114(3C) of the Transport Act 2000;]

• “relevant application” means any application under section 6 of this Act—

  (a)

  which is made in respect of a local service in relation to which the registration restrictions have effect, and

  (b)

  which (whenever made) is awaiting the decision of [F12 a traffic commissioner];

• “relevant authority” means the authority, or any of the authorities, that made the scheme;

• “relevant operator” means—

  (a)

  any operator of local services who has given an undertaking under section [F13 113J(4) or (5) or] 118(4) of the Transport Act 2000 in respect of the scheme;

  (b)

  any other operator of local services which might be affected if the application were to be accepted;

• “relevant representations” means representations that the effect of accepting the application would be detrimental to the provision of services under the scheme, having regard to the registration criteria.

• [F14 “the traffic commissioner” means the traffic commissioner dealing with the application mentioned in subsection (1).]

[F15 (13) The power to make regulations under subsection (11), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State).]]

Textual Amendments

F1 S. 6A inserted (E.W.) (26.11.2008 for specified purposes) by Local Transport Act 2008 (c. 26), ss. 48(3), 134(1)(c)(4)

F2 Words in s. 6A(1)(a) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 3(2)(a)

F3 Words in s. 6A(1)(a) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 3(2)(b)

F4 Words in s. 6A(1)(b) omitted (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F5 Words in s. 6A(1)(c) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F6 Words in s. 6A(8)(c) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 3(3)

F7 Words in s. 6A(9) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 6(a)(i)

F8 Words in s. 6A(9) omitted (1.9.2009) by virtue of The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 6(a)(ii)

F9 S. 6A(10) omitted (1.9.2009) by virtue of The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 6(b)

F10 Words in s. 6A(12) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 3(4)(a)

F11 Words in s. 6A(12) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 3(4)(b)

F12 Words in s. 6A(12) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F13 Words in s. 6A(12) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 3(4)(c)

F14 Words in s. 6A(12) inserted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F15 S. 6A(13) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 27(3), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(f)

Modifications etc. (not altering text)

C1 Ss. 6-9 excluded by 2000 c. 38, s. 123J(2) (as inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 4, 26(3)) (with transitional provisions (24.4.2018) in S.I. 2018/406, regs. 1(2), 4-8 (with reg. 1(3)))

C2 Ss. 6-9 excluded (S.) (4.12.2023) by 2001 asp 2, s. 13B(1)(a) (as substituted by Transport (Scotland) Act 2019 (asp 17), ss. 38(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.)