SCHEDULES

[F1 SCHEDULE 7A U.K. Reserved matters

Textual Amendments

F1 Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 1 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2

Part 2 U.K.Specific Reservations

Reservations U.K.

Head E—Transport U.K.

Section E1 U.K.E1 Road transport

103 U.K.Road freight transport services in the United Kingdom (including goods vehicles operator licensing).

104 U.K.Regulation of the construction and equipment of motor vehicles and trailers, and regulation of the use of motor vehicles and trailers on roads.

105 U.K.Road traffic offences.

106 U.K.Driver licensing (including training, testing and certification).

107 U.K.Driving instruction.

108 U.K.Drivers' hours.

109 U.K.Traffic regulation on special roads, other than regulation relating to speed limits or traffic signs.

110 U.K.Exemptions from speed limits.

111 U.K.The application of traffic signs or pedestrian crossings to vehicles being used for a purpose that gives rise to an exemption from speed limits in Wales.

112 U.K.International road transport services for passengers or goods.

113 U.K.Public service vehicle operator licensing.

114 U.K.Documents relating to vehicles and drivers for the purposes of travel abroad and vehicles brought temporarily into Wales by persons resident outside the United Kingdom.

115 U.K.Vehicle insurance and vehicle registration.

116 U.K.The subject-matter of Parts 2 and 3 of the Severn Bridges Act 1992 so far as relating to the second Severn crossing.

Exceptions

• The subject-matter of Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic contraventions).

• Regulation relating to trunk road charging schemes.

• Regulation relating to the descriptions of motor vehicles and trailers that may be used under arrangements for persons to travel to and from the places where they receive education or training, unless the regulation is the setting of technical standards for construction or equipment of motor vehicles or trailers which differ from the standards that would or might otherwise apply to them.

• Regulation of the carriage of animals in motor vehicles or trailers for the purposes of protecting human, animal or plant health, animal welfare or the environment.

• Licensing of taxis, taxi drivers, private hire vehicles, private hire vehicle drivers and private hire vehicle operators (but not enforcement by means of penalty points).

Interpretation

• “"Second Severn crossing”” means the bridge referred to as the new bridge in the Severn Bridges Act 1992.

• “"Trunk road charging schemes”” means schemes for imposing charges in respect of the use or keeping of vehicles on trunk roads in Wales (other than schemes in relation to the second Severn crossing).

Section E2 U.K.E2 Rail transport

117 U.K.Railway services.

118 U.K.The subject-matter of the Channel Tunnel Act 1987.

Exception

Financial assistance so far as relating to railway services; but this exception does not apply in relation to—

(a)

financial assistance relating to the carriage of goods,

(b)

financial assistance made in connection with a railway administration order, or

(c)

financial assistance made in connection with [F2 the Public Service Obligations in Transport Regulations 2023].

Textual Amendments

F2Words in Sch. 7A substituted (25.12.2023) by The Public Service Obligations in Transport Regulations 2023 (S.I. 2023/1369), reg. 1(1), Sch. 3 para. 2(2) (with reg. 28)

Interpretation

“"Railway services”” has the meaning given by section 82 of the Railways Act 1993 (excluding the wider meaning of ““railway”” given by section 81(2) of that Act).

Section E3 U.K.E3 Marine and waterway transport etc

119 U.K.Navigational rights and freedoms.

120 U.K.Shipping and technical and safety standards of vessels that are not ships (whether or not capable of navigation), including the subject-matter of—

(a) section 2 of the Protection of Wrecks Act 1973 (prohibition on approaching dangerous wrecks),

(b) the Dangerous Vessels Act 1985, and

(c) the Merchant Shipping Act 1995.

121 U.K.Reserved trust ports and harbours not wholly in Wales.

122 U.K.Pilotage other than devolved pilotage.

123 U.K.Coastguard services and maritime search and rescue.

124 U.K.Hovercraft.

Exceptions

• The reference to navigational rights and freedoms does not reserve the regulation of works that may obstruct or endanger navigation apart from works in relation to, or for constructing, reserved trust ports or harbours not wholly in Wales.

• The reference to maritime search and rescue does not reserve participation by Welsh fire and rescue authorities in maritime search and rescue responses.

• Financial assistance for shipping services to, from or within Wales.

• Regulation of the carriage of animals on vessels for the purposes of protecting human, animal or plant health, animal welfare or the environment.

Interpretation

• “"Devolved pilotage”” means pilotage that —

  (a)

  relates to a harbour wholly in Wales that is not a reserved trust port, and

  (b)

  is provided in a pilotage jurisdiction that does not extend beyond Wales.

• “"Pilotage jurisdiction”” means an area in relation to which the duty of a competent harbour authority under section 2(1) of the Pilotage Act 1987 is exercisable.

• “"Reserved trust port”” has the meaning given by section 32 of the Wales Act 2017.

Section E4 U.K.E4 Air transport

125 U.K.Aviation, air transport, airports and aerodromes.

Exceptions

• Financial assistance to providers or proposed providers of air transport services or airport facilities or services.

• Strategies by the Welsh Ministers or local or other public authorities about provision of air services.

• Regulation of the carriage of animals on aircraft for the purposes of protecting human, animal or plant health, animal welfare or the environment.

Section E5 U.K.E5 Transport security

126 U.K.Transport security.

Exception

Regulation of transport security relating to the carriage of adults who supervise persons travelling to and from the places where they receive education or training.

Section E6 U.K.E6 Other matters

127 U.K.Technical specifications for public passenger transport for disabled persons, including the subject-matter of—

(a) section 125(7) and (8) of the Transport Act 1985 (Secretary of State's guidance and consultation with the Disabled Persons Transport Advisory Committee), and

(b) Part 12 of the Equality Act 2010 (disabled persons: transport).

128 U.K.Technical specifications for fuel or other energy sources or processes for use in road, rail, marine, waterway or air transport.

129 U.K.Carriage of dangerous goods (including transport of radioactive material).

Interpretation

“"Radioactive material”” means any material having a specific activity in excess of—

(a)

0.1 kilobecquerels per kilogram, or

(b)

such other specific activity (not exceeding 70 kilobecquerels per kilogram) as may be specified in regulations made by the Secretary of State.]