The Community Drivers' Hours and Recording Equipment Regulations 2007

1.—(1) Any vehicle which is owned or hired without a driver by a public authority to undertake carriage by road otherwise than in competition with private transport undertakings. E+W+S

(2) A vehicle does not fall within the description specified in this paragraph unless the vehicle—

(a) is being used for the provision of ambulance services—

(i) by a relevant NHS body, F1 ...

(ii) in pursuance of arrangements made by or at the request of a relevant NHS body, or made with the Secretary of State or with the Welsh or Scottish Ministers; [F2 or

(iii) services for persons who are aged 18 or over and have a disability within the meaning given by section 6 of the Equality Act 2010 (disability).]

(b) is being used for the transport of organs, blood, equipment, medical supplies or personnel—

(i) by a relevant NHS body, or

(ii) in pursuance of arrangements of the kind mentioned in paragraph (a)(ii);

(c) is being used by a local authority to provide, in the exercise of social services functions—

(i) services for old persons; or

(ii) services for persons to whom section 29 of the National Assistance Act 1948 M1 (welfare arrangements for physically and mentally handicapped persons) applies;

(d) is being used by Her Majesty's Coastguard, a general lighthouse authority or a local lighthouse authority;

(e) is being used for the purpose of maintaining railways by the British Railways Board, any holder of a network licence (within the meaning of Part 1 of the Railways Act 1993) M2 which is a company wholly owned by the Crown (within the meaning of that Act), Transport for London, any wholly owned subsidiary of Transport for London, a Passenger Transport Executive or a local authority;

(f) is being used by the British Waterways Board [F3 or Canal & River Trust] for the purpose of maintaining navigable waterways.

(3) In this paragraph—

“general lighthouse authority” and “local lighthouse authority” have the same meaning as in Part 8 of the Merchant Shipping Act 1995 M3 ;

“local authority” means—

(a)

in relation to England and Wales, a county or district council, a London borough council or the Common Council of the City of London; and

(b)

in relation to Scotland, a regional, islands or district council;

“relevant NHS body” means—

(a)

in England, [F4 NHS England], [F5 an integrated care board], a National Health Service Trust, a Special Health Authority, and an NHS foundation trust;

(b)

in Wales, a Local Health Board, a National Health Service Trust, and a Special Health Authority; and

(c)

in Scotland, a Health Board, a Special Health Board, or the Common Services Agency for the Scottish Health Service;

“social services functions”—

(a)

in relation to England and Wales, has the meaning given by section 1A of the Local Authority Social Services Act 1970 M4 ; and

(b)

in relation to Scotland, means functions under the enactments referred to in section 5(1B) of the Social Work (Scotland) Act 1968 M5 ;

“wholly owned subsidiary” in relation to Transport for London, has the meaning given by section 736(2) of the Companies Act 1985 M6 .

Textual Amendments

F1 Word in Sch. para. 1(2)(c)(i) omitted (1.4.2015) by virtue of The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 28(a) (with art. 4); S.I. 2015/993, art. 2(a)

F2 Word in Sch. para. 1(2)(c)(iii) inserted (1.4.2015) by virtue of The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 28(b) (with art. 4); S.I. 2015/993, art. 2(a)

F3 Words in Sch. para. 1(2)(f) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 36 (with arts. 4-6)

F4 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F5 Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

Marginal Citations

M1 1948 c.29. Section 29 has been amended by the National Assistance (Amendment) Act 1959 (c.30), section 1, the Mental Health (Scotland) Act 1960 (c.61), sections 113 and 114 and Schedule 4, the Social Work (Scotland) Act 1968 (c.49), section 95 and Schedule 9, Part 1, the Local Government Act 1972 (c.70), sections 195 and 272 and Schedule 23, paragraph 2 and Schedule 30, the Employment and Training Act 1973 (c.50), section 14 and Schedule 2, paragraph 3, the National Health Service Act 1977 (c.49), section 129 and Schedule 15, paragraph 6, the Health Service and Social Security Adjudications Act 1983 (c.41), section 30 and Schedule 10, Part 1, the Children Act 1989 (c.41), Schedule 14, paragraph 11 and the National Health Service and Community Care Act 1990 (c.19), section 44.

M2 1993 c.21.

M3 1995 c.21.

M4 1970 c.42. Section 1A was inserted by section 102(3) of the Local Government Act 2000 (c.22).

M5 1968 c.49. Section 5(1B) was inserted by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 76 and has subsequently been amended by the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 15, and by the Criminal Procedure (Consequential Provisions)(Scotland) Act 1995 (c.40), Schedule 4, paragraph 6.

M6 1985 c.6; section 736 was substituted by section 144(1) of the Companies Act 1989 (c.40). A further amendment to that section is not relevant to these Regulations.