Transport Act 1980
The purposes for which this Part is enacted include— and accordingly the provisions mentioned in subsection (2) (which, except so far as they are re-enacted with or without alteration in this Part, are no longer required) shall cease to have effect.
redefining and reclassifying public service vehicles;
abolishing road service licences for express carriages as redefined;
making it easier for applicants to obtain road service licences, and restricting the power to attach thereto conditions as to fares;
providing for the designation of areas as trial areas in which road service licences are not required for stage carriage services;
making new provision for securing the fitness of public service vehicles;
substituting a system of public service vehicle operators' licences for the system of public service vehicle licences; and
providing an appeal against a refusal by the London Transport Executive to enter into an agreement with a person other than the Executive for the provision of a London bus service ;
Those provisions are—
in the Road Traffic Act 1960—
sections 117 and 118 and Schedule 12 (classification of public service vehicles);
sections 127, 129 and 132 to 133A (licensing and fitness of public service vehicles); and
sections 134 to 140 (road service licences);
section 30 of the Transport Act 1968 (permits for certain bus services in lieu of road service licences).
This Part and the 1960 Act shall be construed and have effect as if this Part (except so far as it textually amends any enactment) were contained in Part III of that Act; and section 44 of this Act shall apply for the interpretation of the said Part III as well as for the interpretation of this Part.
Without prejudice to subsection (3), any reference to, or to Part III of, the 1960 Act in any statutory provision not contained in this Part or the 1960 Act shall, unless the context otherwise requires, be construed as including a reference to this Part.
Subject to the provisions of this section, in this Part "public service vehicle" means a motor vehicle (other than a tramcar) which—
being a vehicle adapted to carry more than eight passengers, is used for carrying passengers for hire or reward; or
being a vehicle not so adapted, is used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers.
For the purposes of subsection (1) a vehicle " is used " as mentioned in paragraph (a) or (b) of that subsection if it is being so used or if it has been used as mentioned in that paragraph and that use has not been permanently discontinued.
A vehicle carrying passengers at separate fares in the course of a business of carrying passengers, but doing so in circumstances in which the conditions set out in Part I, II or III of Schedule 1 are fulfilled, shall be treated as not being a public service vehicle unless it is adapted to carry more than eight passengers.
For the purposes of this section a journey made by a vehicle in the course of which one or more passengers are carried at separate fares shall not be treated as made in the course of a business of carrying passengers if— and for the purposes of paragraph (a) the running costs of a vehicle for a journey shall be taken to include an appropriate amount in respect of depreciation and general wear.
the fare or aggregate of the fares paid in respect of the journey does not exceed the amount of the running costs of the vehicle for the journey; and
the arrangements for the payment of fares by the passenger or passengers so carried were made before the journey began;
For the purposes of this section, section 3 and Schedule 1—
a vehicle is to be treated as carrying passengers for hire or reward if payment is made for, or for matters which include, the carrying of passengers, irrespective of the person to whom the payment is made and, in the case of a transaction effected by or on behalf of a member of any association of persons (whether incorporated or not) on the one hand and the association or another member thereof on the other hand, notwithstanding any rule of law as to such transactions;
a payment made for the carrying of a passenger shall be treated as a fare notwithstanding that it is made in consideration of other matters in addition to the journey and irrespective of the person by or to whom it is made;
a payment shall be treated as made for the carrying of a passenger if made in consideration of a person's being given a right to be carried, whether for one or more journeys and whether or not the right is exercised.
Where a fare is paid for the carriage of a passenger on a journey by air, no part of that fare shall be treated for the purposes of subsection (5) as paid in consideration of the carriage of the passenger by road by reason of the fact that, in case of mechanical failure, bad weather or other circumstances outside the operator's control, part of that journey may be made by road.
For the purpose of this Part— and references in this Part to use as a stage, express or contract carriage shall be construed accordingly.
a " stage carriage " is a public service vehicle being used in the operation of a local service;
an " express carriage " is a public service vehicle being used in the operation of an express service ; and
a " contract carriage " is a public service vehicle being used to carry passengers otherwise than at separate fares;
In this section—
" local service" means a service for the carriage of passengers by road at separate fares, not being an express service;
" express service " means a service for the carriage of passengers by road at separate fares, being a service as regards which the conditions specified in subsection (3) are satisfied.
The conditions referred to in subsection (2)(b) are—
except in the case of an emergency, either of the following requirements as to length of journey is satisfied in respect of every passenger using the service, namely—
the place where he is set down is 30 miles or more, measured in a straight line, from the place where he was taken up ; or
some point on the route between those places is 30 miles or more, measured in a straight line, from either of those places ; and
either—
the service is an excursion or tour; or
the prescribed particulars of the service (including the route and the timetable) and of every change of any prescribed kind made in the service have, not later than the prescribed time for doing so, been notified in the prescribed manner to the traffic commissioners in whose area the place specified in the notification as the beginning of the route is situated.
Where, in the case of any service for the carriage of passengers by road at separate fares, the condition specified in subsection (3) (a) is satisfied as regards any part of the service taken in isolation, but not as regards the service as a whole—
that part of the service shall be treated for the purposes of subsections (2) (b) and (3) as a separate service (and will accordingly be an express service if the condition specified in subsection (3) (b) is satisfied as regards it); and
any part of the service which is not an express service by virtue of the preceding paragraph shall be treated for the purposes of this section as a separate local service.
A public service vehicle carrying passengers at separate fares shall be treated as a contract carriage, and not as a stage carriage or an express carriage, when used in circumstances in which the conditions set out in Part II or III of Schedule 1 are fulfilled.
Subject to section 13 and to the provisions of section 23 of the Transport (London) Act 1969 as to London bus services, a stage carriage service shall not be provided except under a road service licence granted in accordance with the following provisions of this Part.
The authority having power to grant a road service licence in respect of a stage carriage service is the traffic commissioners for any traffic area in which the service is proposed to be provided, not being an area in which passengers will be neither taken up nor set down in the course of the service; and a road service licence authorises the holder to provide the service specified in the licence in the area of the traffic commissioners by whom it was granted and in any other traffic area in which passengers are neither taken up nor set down in the course of the service.
Where a stage carriage service is proposed to be provided ©n a route running through more than one traffic area, a separate road service licence is required for each traffic area in which passengers will be either taken up or set down in the course of the service.
Subject to subsection (5) and section 9(2), a road service licence granted by the traffic commissioners for any traffic area shall be of no effect at any time at which the holder does not also hold a PSV operator's licence granted by the commissioners for that or any other traffic area, not being a licence which is at that time of no effect by reason of its suspension.
Subsection (4) does not apply
to a road service licence held by a local education authority or, in Scotland, an education authority ;
to a road service licence granted in respect of a community bus service within the meaning of section 5 of the Transport Act 1978.
If a stage carriage service is provided in contravention of subsection (1), the operator of the service shall be liable on summary conviction to a fine not exceeding £200.
If a condition attached under section 6 or 7 to a road service licence is contravened, the holder of the licence shall be liable on summary conviction to a fine not exceeding £200.
A road service licence is required for a stage carriage service notwithstanding that the provision of such a service is authorised under Part V of the Road Traffic Act 1930 or by a special Act or an order having the force of an Act.
An application for a road service licence shall be made in such form as the traffic commissioners may require, and an applicant shall give the commissioners such information as they may reasonably require for disposing of the application.
Where an application for the grant of a road service licence is made, the traffic commissioners—
shall grant the licence unless they are satisfied that to do so would be against the interests of the public ; and
if they grant the licence, shall do so in accordance with the application except to the extent that they are satisfied that to do so would be against the interests of the public.
In considering under subsection (2) whether the grant of a licence would be against the interests of the public, or the extent to which the grant of a licence in accordance with the application would be against those interests, the traffic commissioners shall in particular have regard to—
the transport requirements of the area as a whole (including so much as is relevant not only of the commissioners' own traffic area but also of adjoining traffic areas) and of particular communities in the area ;
any transport policies or plans which have been made by the local authorities concerned and have been drawn to the commissioners' attention by those authorities; and
any objections or other representations made to the commissioners in the prescribed manner which in their opinion are relevant.
In subsection (3) " the local authorities concerned" means—
in Greater London, the Greater London Council;
elsewhere in England and Wales, county councils ; and
in Scotland, regional and islands councils.
The traffic commissioners, on granting a road service licence, shall send notice thereof, including particulars of the services to be provided thereunder, to the chief officer of police of every police district in which any such service is to be provided and to each of the following councils in whose area any such service is to be provided, that is to say—
the Greater London Council, any London borough council and the Common Council of the City of London;
any county council or district council in England or Wales; and
any regional, islands or district council in Scotland.
Subject to subsection (2) and to any regulations, traffic commissioners granting a road service licence may attach to the licence such conditions as they think fit having regard to the interests of the public, and in particular to the matters mentioned in section 5 (3) (a) to (c), and may in particular attach thereto such conditions as they think fit (having regard as aforesaid) for securing— and generally for securing the safety and convenience of the public, including persons who are disabled.
that suitable routes are used in providing any service which may be provided under the licence;
that copies of the timetable and fare-table are carried and are available for inspection in vehicles used on any such service;
that passengers are not taken up or are not set down except at specified points, or are not taken up or are not set down between specified points,
No such condition as to fares as is mentioned in section 7(1) shall be attached under this section to a road service licence.
The traffic commissioners by whom a road service licence was granted may at any time while it is in force vary the licence by—
altering, in such manner as they think fit having regard to the interests of the public, any condition attached to the licence ; or
removing any condition attached to the licence, if they think fit having regard to those interests ; or
attaching to the licence any such condition or additional condition as they think fit having regard to those interests.
Where the holder of such a licence makes an application to the traffic commissioners requesting them to exercise their powers under subsection (3), the commissioners shall exercise those powers in accordance with the application except to the extent that they are satisfied that to do so would be against the interests of the public.
Compliance with any condition attached to a road service licence under this section may be temporarily dispensed with by the traffic commissioners by whom the licence was granted if they are satisfied—
that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered ; and
that such a dispensation would not be against the interests of the public.
Subject to subsection (3) and any regulations, traffic commissioners may (whether at the time when the licence is granted or at any time thereafter, and whether or not in response to any particulars received by them under this Part) attach to a road service licence granted by them conditions or additional conditions as to the fares, or the minimum or maximum fares, which may be charged for services provided under the licence.
Subject to subsection (3), the traffic commissioners by whom a road service licence was granted may at any time while it is in force vary the licence by—
altering in such manner as they think fit any condition as to fares attached under subsection (1) to the licence ; or
removing any condition as to fares so attached to the licence.
The traffic commissioners shall not exercise their powers under subsection (1) or their powers of alteration under subsection (2) in any particular case unless satisfied that the proposed exercise of those powers in that case is essential in the interests of the public—
to protect the public from unreasonable use by the holder of the licence of his position as such; or
to regulate the terms of competition between stage carriage services on any route or routes.
Where the holder of a road service licence makes an application to the traffic commissioners requesting them to exercise their powers (whether of alteration or removal) under subsection (2), the commissioners—
shall remove all the conditions attached under subsection (1) to the licence except to the extent that they are satisfied that it is essential in the interests of the public to maintain them, with or without alteration, for one or both of the purposes mentioned in paragraphs (a) and (b) of subsection (3); and
shall not exercise their powers of alteration under subsection (2) unless satisfied that the proposed exercise of those powers is consistent with their reasons for not removing all the conditions attached under subsection (1) to the licence.
Compliance with any condition attached to a road service licence under subsection (1) may be temporarily dispensed with by the traffic commissioners by whom the licence was granted if they are satisfied—
that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered ; and
that such a dispensation would not be against the interests of the public.
Where it is proposed to make any change in the fares charged for any service provided under a road service licence, it shall be the duty of the holder of the licence to supply to the traffic commissioners, not later than the prescribed time before the date of the proposed change, the prescribed particulars of the proposed change.
A person who fails to supply within the prescribed time any particulars which he is required to supply under subsection (6) shall be liable on summary conviction to a fine not exceeding £200.
A person who in purporting to comply with subsection (6) supplies any particulars which he knows to be false or does not believe to be true shall be liable on summary conviction to a fine not exceeding £500.
If, in the case of any application for a road service licence, the traffic commissioners are satisfied that there are no other transport facilities available to meet the reasonable needs of the route on which the service which the applicant proposes to provide under the licence would operate—
the commissioners shall grant the applicant a road service licence in respect of that route, and shall do so in accordance with the application except to the extent that they are satisfied that to do so would be against the interests of the public ; and
in relation to the application and to the licence granted on it, sections 5 and 6 shall have effect as if section 5(2) to (4) and, in section 6(1), the words " and in particular to the matters mentioned in section 5(3)(a) to (c) " were omitted.
Every road service licence granted in pursuance of this section shall include a statement that it is so granted.
No appeal shall lie under section 28 from a decision of the traffic commissioners to refuse to grant a road service licence in pursuance of this section.
If, in the case of any application for a road service licence, the traffic commissioners are satisfied that the service which the applicant proposes to provide under the licence (" the proposed service ") would be an excursion or tour and are also satisfied either— the commissioners shall grant the applicant a road service licence in accordance with the application and, in relation to the application and to the licence granted on it, sections 5(2) to (4), 6 and 7 shall not apply.
that the proposed service would not compete directly with—
any other road service for which a road service licence has been granted, not being an excursion or tour, or
any London bus service within the meaning of section 23 of the Transport (London) Act 1969, or
any service being provided by means of one or more tramcars; or
that the proposed service would operate only to enable passengers to attend special events,
Section 4(4) does not prevent a road service licence granted in pursuance of this section from having effect for the purposes of the provision of a service by means of a vehicle whose operator holds a PSV operator's licence granted by the traffic commissioners for any traffic area, not being a licence which is for the time being of no effect by reason of its suspension.
Every road service licence granted in pursuance of this section shall include a statement that it is so granted.
No appeal shall lie under section 28 from a decision of the traffic commissioners to refuse to grant a road service licence in pursuance of this section.
Subject to subsection (2), a road service licence may be revoked or suspended by the traffic commissioners who granted the licence on the ground that there has been a contravention of any condition attached to it.
The traffic commissioners shall not revoke or suspend a road service licence unless, owing to the frequency of the breach of conditions, or to the breach having been committed intentionally, or to the danger to the public involved in the breach, the commissioners are satisfied that the licence should be revoked or suspended.
On revoking or suspending a road service licence the traffic commissioners shall send notice thereof—
to the chief officer of police of every police district in which the service to which the licence relates was provided; and
to each of the councils mentioned in section 5(5)(a) to (c) in whose area that service was provided.
A road service licence suspended under this section shall during the time of suspension be of no effect.
Regulations shall specify the dates in the year on which road service licences are to expire.
Subject to subsection (3), a road service licence shall, unless previously revoked, continue in force up to and including that one of the dates so specified which occurs next before the expiration of five years from the date on which the licence is expressed to take effect unless at the time of the granting of the licence the traffic commissioners for special reasons determine that it shall continue in force only up to and including an earlier date (being one of those so specified), in which case it shall, unless previously revoked, continue in force only up to and including that date.
If, on the date on which a road service licence is due to expire, proceedings are pending before the traffic commissioners on an application for the grant of a new licence in substitution for it, the existing licence shall continue in force until the application is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 10.
Nothing in this section shall prevent—
the grant of a road service licence in respect of a service limited to one or more particular periods or occasions; or
the attachment to a road service licence of a condition that the service shall be so limited.
For the purposes of this Part a trial area is any area in Great Britain (outside Greater London) for the time being designated in accordance with the following provisions of this section as an area in which road service licences are not required for stage carriage services.
The Minister may, if he thinks fit, make an order (in this section referred to as a " designation order") so designating any area consisting of the whole or part of the area of a local authority, but shall not make such an order in respect of any area except on an application made to him by the local authority concerned.
An application for a designation order shall specify the area which the local authority concerned wishes to be designated by the order; and the area designated by such an order as originally made—
shall not include any area outside the area specified in the application on which the order is made; and
shall not consist of less than the whole of the area so specified unless the reduction is made with the consent of the local authority concerned.
Subject to subsection (5), the Minister may by order vary or revoke a designation order but shall not do so except on an application made to him by the local authority concerned; and the Minister—
on an application for an order varying a designation order, may at his discretion refuse the application or make the order applied for either with or without modifications; and
on an application for an order revoking a designation order may at his discretion refuse the application or make the order applied for.
A designation order—
shall not be revoked before the end of the period specified in the order, as originally made, as the minimum period for which the order is to be in force, being a period of not less than two and not more than five years beginning with the day on which it comes into force;
shall not before the end of that period be varied so as to exclude from the area designated by it any part of the area originally so designated ; and
shall at no time be varied so as to include in the area designated by it any area outside the area originally so designated.
The preceding provisions of this section have effect subject to the provisions of Schedule 2 (which relate to the making of applications for, and the variation and revocation of, designation orders).
Any order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this section and Schedule 2—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
" statutory provision " means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978.
in relation to England and Wales, any local authority within the meaning of the Local Government Act 1972;
in relation to Scotland, a regional, islands or district council.
" the local authority concerned ", in relation to any area designated or proposed to be designated under this section, means the local authority whose area is or contains that area.
A road service licence is not required for the provision of a stage carriage service within a trial area.
Where a stage carriage service operates partly within one or more trial areas and partly not within a trial area—
a road service licence is not required in respect of so much of the service as operates not within a trial area but. within a traffic area in which (except in any trial area) passengers are neither taken up nor set down in the course of the service ; and
any conditions attached to a road service licence under which any part of that service is provided shall not apply in relation to so much of the service as operates within any trial area.
So much of subsection (3) of section 1 of the Road Traffic Regulation Act 1967 as provides that no prohibition or restriction on waiting imposed by a traffic regulation order under that section shall apply to a stage carriage shall not operate within a trial area.
This section applies to any stage carriage service which operates wholly within a trial area; but where a stage carriage service operates only partly within a trial area, so much of it as operates within that area shall for the purposes of this section be treated as a separate service to which this section applies.
“ trustees ”, in relation to a guaranteed pension scheme, has the same meaning as in section 52B.
starting to provide a new service to which this section applies; or
for " use, or cause or permit the use of," substitute " provide any stage carriage service or use ";
making, otherwise than temporarily, any changes in a service to which this section apples; or
in paragraph (a), for " permit " substitute " certificate " ;
discontinuing a service to which this section applies,
at the end of paragraph (b) insert ; and.
“the Corporation” has the meaning given by section 45(1);
give to the local authority concerned, and to every district council in whose area passengers will be or are taken up or set down in the course of the service in question (including, in a case within paragraph (b), the service as proposed to be changed), a notice giving the prescribed information about the new service, the changes or the discontinuance, as the case may be; and
publish in a local newspaper circulating in the locality served or to be served by the service a notice giving the prescribed information about the new service, the changes or the discontinuance, as the case may be.
Subject to subsection (4), any notice required by subsection (2) shall be given or published not later than the prescribed time before the operator does as mentioned in subsection (2)(a), (b) or (c), as the case may be.
Where the operator of a service to which this section applies does as mentioned in subsection (2)(a), (b) or (c) in consequence of unforeseen circumstances making it impracticable for him to give or, as the case may be, publish in accordance with subsection (3) a notice required by subsection (2), subsection (3) shall not apply to that notice, but instead the notice in question shall be given or, as the case may be, published (with any necessary modifications) as soon as is practicable.
If, at the time when any area becomes a trial area, there is being provided under a road service licence a stage carriage service which operates wholly or partly within that area, that service shall for the purposes of subsection (1) be treated as one which operates wholly or, as the case may be, partly within a trial area.
A person who fails to give or publish as required by this section any notice which this section requires him to give or publish shall be liable on summary conviction to a fine not exceeding £200.
Where more than one person falls to be regarded as the operator of a service to which this section applies, the requirements of this section are complied with if the requisite notices are given and published by any of those persons.
In this section—
“statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978.
begins on 1st April 1980; and
ends with the last day of an accounting year of the scheme,
Subject to subsection (3) the duties of public passenger transport operators under the provisions mentioned in subsection (2), being duties to co-operate with and afford information to one another, shall not apply in relation to a service so far as it is provided within a trial area.
The provisions referred to in subsection (1) are—
section 24(2) and (3) of the Transport Act 1968 (services in passenger transport areas);
section 1(1)(c) of the Transport Act 1978 (services in England and Wales outside passenger transport areas); and
section 151(1)(b) of the Local Government (Scotland) Act 1973 (services in Scotland outside passenger transport areas).
Subsection (1) shall not affect the duties of public passenger transport operators to co-operate with or afford information to— for the purpose of the discharge by any such Executive or council of its function of coordinating passenger transport services.
a Passenger Transport Executive ;
a county council; or
a regional or islands council,
In this section " public passenger transport operators " means persons providing public passenger transport services within the meaning of section 1(2) of the Transport Act 1978.
A certifying officer or public service vehicle examiner, on production if so required of his authority—
may at any time inspect any public service vehicle, and for that purpose—
may enter the vehicle; and
may detain the vehicle during such time as is required for the inspection ;
may at any time which is reasonable having regard to the circumstances of the case enter any premises on which he has reason to believe that there is a public service vehicle.
A person who intentionally obstructs a certifying officer or public service vehicle examiner acting in the exercise of his powers under subsection (1) shall be liable on summary conviction to a fine not exceeding £200.
The Minister may— and in this Part " official PSV testing station " means a station provided, or any premises for the time being designated, under this subsection.
provide and maintain stations where inspections of public service vehicles for the purposes of this Part may be carried out;
designate premises as stations where such inspections may be carried out; and
provide and maintain apparatus for the carrying out of such inspections;
A public service vehicle adapted to carry more than eight passengers shall not be used on a road unless—
a certifying officer has issued a certificate (in this section referred to as a " certificate of initial fitness ") that the prescribed conditions as to fitness are fulfilled in respect of the vehicle ; or
a certificate under section 130 of the 1960 Act (type approval) was in force immediately before this section came into force or has since been issued in respect of the vehicle; or
there has been issued in respect of the vehicle a certificate under section 47 of the Road Traffic Act 1972 (type approval) of a kind which by virtue of regulations is to be treated as the equivalent of a certificate of initial fitness.
For the purposes of this Part and Part III of the 1960 Act a certificate of fitness issued in respect of a vehicle under section 129 of that Act which is in force immediately before the date on which this section comes into force shall have effect on and after that date as if it were a certificate of initial fitness issued in respect of the vehicle on that date.
If a vehicle is used in contravention of subsection (1), the operator of the vehicle shall be liable on summary conviction to a fine not exceeding £500.
If on any inspection of a public service vehicle it appears to a certifying officer or public service vehicle examiner that owing to any defects therein the vehicle is, or is likely to become, unfit for service, he may prohibit the driving of the vehicle on a road either—
absolutely; or
for one or more specified purposes ; or
except for one or more specified purposes.
A prohibition under subsection (1) may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at an official PSV testing station.
Where a certifying officer or examiner prohibits the driving of a vehicle under subsection (1), he shall forthwith give notice in writing of the prohibition to the person in charge of the vehicle at the time of the inspection—
specifying the defects which occasioned the prohibition ;
stating whether the prohibition is on all driving of the vehicle or driving it for one or more specified purposes or driving it except for one or more specified purposes (and, where applicable, specifying the purpose or purposes in question); and
stating whether the prohibition is to come into force immediately or at the end of a specified period.
If the person to whom written notice of a prohibition is given under subsection (3) as being the person in charge of the vehicle at the time of the inspection is not— the officer or examiner shall as soon as practicable take steps to bring the contents of the notice to the attention of the said operator or owner.
the operator of the vehicle ; or
if there is no operator at that time, the owner of the vehicle,
If in the opinion of the certifying officer or examiner concerned, the defects in the vehicle in question are such that driving it or driving it for any purpose prohibited by the notice given to the person in charge of it, would involve danger to the driver or to passengers or other members of the public, the prohibition under subsection (1) with respect to the vehicle shall come into force as soon as that notice has been given.
In any other case a prohibition under subsection (1) shall come into force at such time not later than ten days from the date of the inspection as seems appropriate to the certifying officer or examiner having regard to all the circumstances.
Where a notice has been given under subsection (3), any certifying officer or public service vehicle examiner may—
grant an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purpose or purposes as may be specified in the exemption ;
by endorsement on the notice vary its terms and, in particular—
alter the time at which the prohibition is to come into force, or suspend it if it has come into force; or
cancel a direction under subsection (2) with which the prohibition was imposed.
Subject to any subsisting direction under subsection (2), a prohibition under subsection (1) with respect to any vehicle may be removed by any certifying officer or public service vehicle examiner if he is satisfied that the vehicle is fit for service; and a person aggrieved by the refusal of a public service vehicle examiner to remove a prohibition may make an application to the traffic commissioners for any area to have the vehicle inspected by a certifying officer and, where such an application is made, the certifying officer to whom the matter is referred by the commissioners shall, if he considers that the vehicle is fit for service, remove the prohibition.
Except in such cases as may be prescribed, a person who— shall be liable on summary conviction to a fine not exceeding £1,000.
knowingly drives a vehicle in contravention of a prohibition under subsection (1); or
causes or permits a vehicle to be driven in contravention of such a prohibition,
A vehicle shall not be used on a road as a stage, express or contract carriage except under a PSV operator's licence granted in accordance with the following provisions of this Part.
The authority having power to grant a PSV operator's licence is the traffic commissioners for any traffic area in which, if the licence is granted, there will be one or more operating centres of vehicles used under the licence; and, subject to the provisions of this Part, a PSV operator's licence authorises the holder to use anywhere in Great Britain vehicles which have their operating centre in the area of the traffic commissioners by whom the licence was granted.
A person may hold two or more PSV operators' licences each granted by the traffic commissioners for different areas, but shall not at the same time hold more than one such licence granted by the commissioners for the same area.
An application for a PSV operator's licence shall be made in such form as the traffic commissioners may require, and an applicant shall give the commissioners such information as they may reasonably require for disposing of the application.
If a vehicle is used in contravention of subsection (1) the operator of the vehicle shall be liable on summary conviction to a fine not exceeding £500.
A PSV operator's licence may be either a standard licence or a restricted licence.
A standard licence authorises the use of any description of public service vehicle and may authorise use either—
on both national and international operations; or
on national operations only.
A restricted licence authorises the use (whether on national or international operations) of—
public service vehicles not adapted to carry more than eight passengers; and
public service vehicles not adapted to carry more than sixteen passengers when used—
otherwise than in the course of a business of carrying passengers; or
by a person whose main occupation is not the operation of public service vehicles adapted to carry more than eight passengers.
For the purposes of subsection (3)(b)(i), a vehicle used for carrying passengers by a local or public authority shall not be regarded as used in the course of a business of carrying passengers unless it is used by the public service vehicle undertaking of that authority.
An application for a standard licence shall not be granted unless the traffic commissioners are satisfied that the applicant meets the following requirements, namely— and an application for a restricted licence shall not be granted unless the, traffic commissioners are satisfied that the applicant meets the requirements to be of good repute and of appropriate financial standing.
the requirement to be of good repute;
the requirement to be of appropriate financial standing; and
the requirement as to professional competence;
The provisions of Schedule 3 shall have effect for supplementing the provisions of subsection (1), and for modifying the operation of that subsection in the case of persons engaged in road passenger transport before 1st January 1978.
Notwithstanding that it appears to the traffic commissioners on an application for a standard or restricted licence that the requirements mentioned in subsection (1) are met, the application shall not be granted unless the commissioners are further satisfied—
that there will be adequate facilities or arrangements for maintaining in a fit and serviceable condition the vehicles proposed to be used under the licence ; and
that there will be adequate arrangements for securing compliance with the requirements of the law relating to the driving and operation of those vehicles.
If on an application for a PSV operator's licence the traffic commissioners determine that the relevant requirements mentioned in subsection (1) and the further requirements mentioned in subsection (3) are satisfied they shall, subject to the following provisions of this section and to section 22, grant the licence in accordance with the application.
There shall be specified in every PSV operator's licence the date on which the licence is to come into force and the date with which it is to expire; and, subject to subsection (6), the last-mentioned date shall be such as will make the duration of the licence such period not exceeding five years as the traffic commissioners on granting the licence consider appropriate in the circumstances.
Traffic commissioners on granting a PSV operator's licence may direct that the duration of the licence shall be such period not exceeding five years as is in the opinion of the commissioners desirable in order to arrange a reasonably convenient programme of work for the commissioners.
If, immediately before a PSV operator's licence is due to expire, proceedings are pending before the traffic commissioners on an application by the holder of that licence for the grant to him of a new licence in substitution for it, the existing licence shall continue in force until the application is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 23.
Where an application is made to the traffic commissioners by the holder of a PSV operator's licence for the grant to him of a new licence to take effect on the expiry of the existing licence and the traffic commissioners decide not to grant the new licence they may direct that the existing licence continue in force for such period as appears to them reasonably required to enable the business carried on under the licence to be transferred to another person duly licensed to carry it on.
Traffic commissioners on granting a PSV operator's licence shall attach to it one or more conditions specifying the maximum number of vehicles (being vehicles having their operating centre in the area of those commissioners) which the holder of the licence may at any one time use under the licence.
Conditions attached under subsection (1) to a PSV operator's licence may specify different maximum numbers for different descriptions of vehicle.
Traffic commissioners may (whether at the time when the licence is granted or at any time thereafter) attach to a PSV operator's licence granted by them such conditions or additional conditions as they think fit for restricting or regulating the use of vehicles under the licence, being conditions of any prescribed description.
Without prejudice to the generality of the power to prescribe descriptions of conditions for the purposes of subsection (3), the descriptions which may be so prescribed include conditions for regulating the places at which vehicles being used under a PSV operator's licence may stop to take up or set down passengers.
The traffic commissioners by whom a PSV operator's licence was granted may at any time while it is in force vary the licence by—
altering in such manner as they think fit any condition attached under subsection (3) to the licence ; or
removing any condition so attached to the licence.
On the application of the holder of a PSV operator's licence, the traffic commissioners by whom the licence was granted may at any time while it is in force— and a person making an application under this subsection shall give to the traffic commissioners such information as they may reasonably require for the discharge of their duties in relation to the application.
vary the conditions attached under subsection (1) to the licence ; or
exercise their powers (whether of alteration or removal) under subsection (5);
If a condition attached to a PSV operator's licence is contravened, the holder of the licence shall be liable on summary conviction to a fine not exceeding £200.
Compliance with any condition attached to a PSV operator's licence under this section may be temporarily dispensed with by the traffic commissioners by whom the licence was granted if they are satisfied that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered.
It is hereby declared that the conditions attached under subsection (1) to a PSV operator's licence granted by the traffic commissioners for any area do not affect the use by the holder of the licence of a vehicle—
under a PSV operator's licence granted to him by the traffic commissioners for another area ; or
in circumstances such that another person falls to be treated as the operator of the vehicle (for example, by virtue of regulations under section 44(2)(a)).
The traffic commissioners by whom a standard licence was granted shall revoke the licence if it appears to them at any time that the holder no longer satisfies the requirement to be of good repute, the requirement to be of appropriate financial standing or the requirement as to professional competence.
Without prejudice to subsection (1), the traffic commissioners by whom a PSV operator's licence was granted may, on any of the grounds specified in subsection (3), at any time—
revoke the licence;
suspend the licence for such period as the commissioners direct (during which time it shall be of no effect);
curtail the period of validity of the licence ;
vary any condition attached under subsection (1) of section 22 to the licence, or attach to the licence (whether in addition to or in place of any existing condition so attached to it) any such condition as is mentioned in that subsection.
The grounds for action under subsection (2) are—
that the holder of the licence made or procured to be made for the purposes of his application for the licence, or for the purposes of an application for a variation of the licence, a statement of fact which (whether to his knowledge or not) was false, or a statement of intention or expectation which has not been fulfilled;
that there has been a contravention of any condition attached to the licence ;
that a prohibition under section 18 has been imposed with respect to a vehicle owned or operated by the holder of the licence, or that the holder of the licence has been convicted of an offence under subsection (9) of that section;
in the case of a restricted licence, that the holder no longer satisfies the requirement to be of good repute or the requirement to be of appropriate financial standing;
that there has been since the licence was granted or varied a material change in any of the circumstances of the holder of the licence which were relevant to the grant or variation of his licence.
Traffic commissioners shall not take any action under subsection (1) or (2) in respect of any licence without first holding a public sitting if the holder of the licence requests them to do so.
Where traffic commissioners decide to revoke a licence under this section, they may direct that the revocation shall not take effect for such period as appears to them reasonably required to enable the business carried on under the licence to be transferred to another person duly licensed to carry it on.
The provisions of Schedule 3 shall apply for the purposes of subsections (1) and (3)(d) as they apply for the purposes of section 21(1).
Where a vehicle is being used in circumstances such that a PSV operator's licence is required, there shall be fixed and exhibited on the vehicle in the prescribed manner an operator's disc issued under this section showing particulars of the operator of the vehicle and of the PSV operator's licence under which the vehicle is being used.
Traffic commissioners on granting a PSV operator's licence shall supply the person to whom the licence is granted with a number of operator's discs equal to the maximum number of vehicles which he may use under the licence in accordance with the condition or conditions attached to the licence under section 22(1); and if that maximum number is later increased on the variation of one or more of those conditions, the traffic commissioners on making the variation shall supply him with further operator's discs accordingly.
Regulations may make provision—
as to the form of operator's discs and the particulars to be shown on them;
with respect to the custody and production of operator's discs;
for the issue of new operator's discs in place of those lost, destroyed, or defaced ;
for the return of operator's discs on the revocation or expiration of a PSV operator's licence or in the event of a variation of one or more conditions attached to a licence under section 22(1) having the effect of reducing the maximum number of vehicles which may be used under the licence.
If a vehicle is used in contravention of subsection (1), the operator of the vehicle shall be liable on summary conviction to a fine not exceeding £200.
A person who has applied for a PSV operator's licence shall forthwith notify the traffic commissioners to whom the application was made if, in the interval between the making of the application and the date on which it is disposed of, a relevant conviction occurs of the applicant, or any employee or agent of his, or of any person proposed to be engaged as transport manager whose repute and competence are relied on in connection with the application.
It shall be the duty of the holder of a PSV operator's licence to give notice in writing to the traffic commissioners by whom the licence was granted of— and to do so within 28 days of the conviction in the case of a conviction of the holder or his transport manager and within 28 days of the conviction coming to the holder's knowledge in any other case.
any relevant conviction of the holder ; and
any relevant conviction of any officer, employee or agent of the holder for an offence committed in the course of the holder's road passenger transport business,
It shall be the duty of the holder of a PSV operator's licence within 28 days of the occurrence of— to give notice in writing of that event to the traffic commissioners, by whom the licence was granted.
the bankruptcy or liquidation of the holder, or the sequestration of his estate or the appointment of a receiver, manager or trustee of his road passenger transport business; or
any change in the identity of the transport manager of the holder's road passenger transport business,
Traffic commissioners on granting or varying a PSV operator's licence, or at any time thereafter, may require the holder of the licence to inform them forthwith or within a time specified by them of any material change specified by them in any of his circumstances which were relevant to the grant or variation of the licence.
A person who fails to comply with subsection (1), (2) or (3) or with any requirement under subsection (4) shall be liable on summary conviction to a fine not exceeding £200.
It shall be the duty of the holder of a PSV operator's licence, on the happening to any public service vehicle owned by him of any failure or damage of a nature calculated to affect the safety of occupants of the public service vehicle or of persons using the road, to report the matter as soon as is practicable to the traffic commissioners who granted the licence.
It shall be the duty of the holder of a PSV operator's licence, on any alteration otherwise than by replacement of parts being made in the structure or fixed equipment of any public service vehicle owned by him, to give notice of the alteration as soon as is practicable to the traffic commissioners who granted the licence.
The traffic commissioners by whom a PSV operator's licence was granted may— In this subsection " material time " means a time when the PSV operator's licence in question was in force.
require the holder of the licence to supply them forthwith or within a specified time with such information as they may reasonably require about the public service vehicles owned by him and normally kept at an operating centre within the area of those commissioners, and to keep up to date information supplied by him under this paragraph; or
require the holder or former holder of the licence to supply them forthwith or within a specified time with such information as they may reasonably require about the public service vehicles owned by him at any material time specified by them which were at that time normally kept at an operating centre within the area of those commissioners.
A person who fails to comply with the provisions of subsection (1) or (2) or with any requirement under subsection (3) shall be liable on summary conviction to a fine not exceeding £200.
A person who in purporting to comply with any requirement under subsection (3) supplies any information which he knows to be false or does not believe to be true shall be liable on summary conviction to a fine not exceeding £500.
Where a certifying officer or public service vehicle examiner imposes or removes a prohibition on the driving of a public service vehicle, he shall forthwith give notice of that fact to the traffic commissioners who granted the PSV operator's licence under which the vehicle was last used before the prohibition was imposed.
A person who wishes to do either of the following things in another member State or in Northern Ireland, namely to carry on a road passenger transport business or to be the transport manager of such a business, may apply— for a certificate as to his repute and professional competence and, where relevant, his financial standing.
if he holds a standard licence, to the traffic commissioners by whom that licence was granted or, if he holds more than one, by whom the last such licence was granted;
in any other case, to the traffic commissioners for any traffic area,
A person applying for a certificate under subsection (1) shall give to the traffic commissioners such information as they may reasonably require for the discharge of their duties in relation to the application.
The traffic commissioners to whom an application under subsection (1) is made shall certify such matters relating to the applicant as—
they are satisfied they may properly certify, and
appear to them to be of assistance to the applicant in satisfying the requirements of the law of the other member State in which he wishes to carry on business or to work or, as the case may be, the requirements of the law of Northern Ireland.
A person who has applied for the grant of a licence under this Part may appeal to the Minister against any decision of the traffic commissioners—
to refuse to grant the licence in accordance with the application; or
to attach any condition to the licence otherwise than in accordance with the application.
Where a person who has applied for a new licence under this Part in substitution for a licence held by him and in force at the date of his application appeals to the Minister under subsection (1) against any such decision of the traffic commissioners as is mentioned in paragraph (a) or (b) of that subsection, the existing licence shall continue in force until the appeal is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 10 or 23.
The holder of a licence granted under this Part may appeal to the Minister against any decision of the traffic commissioners—
to refuse an application by the holder for the variation or removal of any condition attached to the licence ;
to vary any such condition, or to attach any new condition to the licence, otherwise than on an application by the holder ; or
to revoke or suspend the licence or to curtail its period of validity.
Traffic commissioners making any such decision with respect to a licence as is mentioned in paragraph (b) or (c) of subsection (3) may, if the holder of the licence so requests, direct that their decision shall not have effect until the expiration of the period within which an appeal against it may be made to the Minister under that subsection and, if such an appeal is made, until the appeal is disposed of; and if they refuse to give such a direction, the holder of the licence may apply to the Minister for such a direction, and the Minister shall give his decision on the application within 14 days.
A person who has applied for the grant of a licence under this Part, or for the variation or removal of any conditions attached to such a licence, shall, if the traffic commissioners to whom the application was made fail to come to a decision on the application within a reasonable time, have the same right to appeal to the Minister as if the commissioners had decided to refuse the application.
A person applying for— may appeal to the Minister against the refusal of a certifying officer to issue such a certificate.
a certificate of initial fitness ; or
a certificate under section 130 of the 1960 Act (type approval),
A person other than the applicant for, or holder of, a road service licence may, if he has standing in the matter in accordance with subsection (8), appeal to the Minister against any decision of the traffic commissioners with respect to—
the grant, revocation or suspension of a road service licence; or
the attachment of any condition to the road service licence or the variation or removal of any condition attached to such a licence.
The persons having standing to appeal under subsection (7) against a decision of the traffic commissioners with respect to a road service licence are— being an authority or person who has made objections or other representations to the traffic commissioners in the course of the proceedings resulting in that decision.
any local authority in whose area the service, or any part of the service, is being or is to be provided under the licence; and
any person providing transport facilities along or near the route, or part of the route, of the service which is being or is to be provided under the licence,
An appeal under this section must be made within the prescribed time and in the prescribed manner, and provision may be made by regulations as to the procedure to be followed in connection with appeals under this section.
On the determination of an appeal under this section, the Minister may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to the traffic commissioners or, as the case may be, to the certifying officer for giving effect to his decision; and it shall be the duty of the traffic commissioners or certifying officer to comply with any such directions.
An appeal lies at the instance of any of the persons mentioned in subsection (2) on any point of law arising from a decision of the Minister on an appeal from a decision of the traffic commissioners for any area—
to the High Court where the proceedings before the traffic commissioners were in England or Wales; and
to the Court of Session where the proceedings before the traffic commissioners were in Scotland.
The persons who may appeal against any such decision of the Minister are—
the person who appealed to the Minister ;
any person who had a right to appeal to the Minister against the relevant decision of the traffic commissioners but did not exercise that right; and
the traffic commissioners whose decision was appealed against.
If on an appeal under this section the High Court or Court of Session is of opinion that the decision appealed against was erroneous in point of law, it shall remit the matter to the Minister with the opinion of the court for rehearing and determination by him.
No appeal to the Court of Appeal may be brought from a decision of the High Court under this section except with the leave of the High Court or the Court of Appeal.
An appeal shall lie, with the leave of the Court of Session or the House of Lords, from any decision of the Court of Session under this section; and such leave may be given on such terms as to costs, expenses or otherwise as the Court of Session or the House of Lords determine.
Provision may be made by regulations for modifying the provisions of this Part, and any other statutory provisions relating to public service vehicles, in their application to the operation of vehicles and the provision of services by persons in partnership.
A road service licence or PSV operator's licence shall not be granted to an unincorporated body as such or to more than one person jointly except in cases permitted by regulations under this section.
A road service licence or PSV operator's licence is not assignable or, subject to the following provisions of this section, transmissible on death or in any other way.
A road service licence or PSV operator's licence held by an individual terminates if he—
dies; or
is adjudged bankrupt or, in Scotland, has his estate sequestrated; or
becomes a patient within the meaning of Part VIII of the Mental Health Act 1959 or, in Scotland, becomes incapable of managing his own affairs.
In relation to a road service licence or PSV operator's licence held by an individual or by a company regulations may specify other events relating to the licence-holder on the occurrence of which the licence is to terminate.
The traffic commissioners by whom a road service licence or PSV operator's licence was granted may—
direct that the termination of the licence by subsection (2), or under subsection (3), be deferred for a period not exceeding 12 months or, if it appears to the commissioners that there are special circumstances, 18 months ; and
authorise the business of the licence-holder to be carried on under the licence by some other person during the period of deferment, subject to such conditions as the commissioners may impose.
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use a school bus, when it is being used to provide free school transport, to carry as fare-paying passengers persons other than those for whom the free school transport is provided ; and
use a school bus belonging to the authority, when it is not being used to provide free school transport, to provide a local bus service ;
Subsection (1) does not affect the duties of a local education authority in relation to the provision of free school transport or authorise a local education authority to make any charge for the carriage of a pupil on a journey which he is required to make in the course of his education at a school maintained by such an authority.
In this section—
" stage carriage " has the meaning given by section 3, and " stage carriage service " means a service provided by means of one or more stage carriages;
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In the application of this section to Scotland—
for the references to a local education authority there shall be substituted references to an education authority;
in subsection (2) for " maintained by " there shall be substituted " under the management of "; and
in subsection (3) for the definition of " free school trans port " there shall be substituted—.
The repeal by this Act of section 12 of the Education (Miscellaneous Provisions) Act 1953 and section 118(4) of the 1960 Act shall not affect the operation of those provisions in relation to any consent given under the said section 12 which is in force immediately before that repeal takes effect.
In subsection (1) of section 1 of the Minibus Act 1977 (exemption of certain vehicles from requirements applicable to public service vehicles) for " vehicle which is adapted to carry more than seven but not more than sixteen passengers " there shall be substituted " small passenger-carrying vehicle " , and after that subsection there shall be inserted the following subsection—.
In section 1(2) of that Act (persons authorised to grant permits)—
at the beginning of paragraph (a) (powers of traffic commissioners) there shall be inserted " in the case of small passenger-carrying vehicles, "; and
at the beginning of paragraph (b) (power of designated bodies) there shall be inserted " in the case of small or large passenger-carrying vehicles, ".
After section 1(3) of that Act (designation orders) there shall be inserted the following subsection—; and a designation order made under the said section 1(3) before the commencement of this section shall not apply in relation to large passenger-carrying vehicles.
In section 3(1) of that Act (power to make regulations), in paragraph (e) (power to prescribe conditions of fitness) for "vehicles" there shall be substituted " small passenger-carrying vehicles ".
After section 3(1) of that Act there shall be inserted the following subsection—.
In section 3(2) of that Act (consequences of breach of regulations) for "Section 1(1)" substitute " Subsection (1) or, as the case may be, subsection (1A) of section 1 ".
In section 4(2) of that Act (interpretation) after paragraph (b) there shall be inserted the following paragraph—.
In section 44 of the Road Traffic Act 1972 (obligatory test certificates), in subsection (4) (excluded classes of vehicles) the following words (which relate to the exclusion of large public service vehicles) shall be omitted—
the words from “to public service vehicles” to “passengers or” ; and
the words from “but shall apply” onwards.
Subsection (1) of section 144 of the 1960 Act (drivers’ and conductors licences) shall cease to have effect so far as it requires a person acting as conductor of a public service vehicle on a road to be licensed for the purpose under that section or prohibits the employment for that purpose of a person not so licensed.
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the driver is not engaged in the carriage of passengers and either holds a PSV driver's licence or is acting under the supervision of a person who holds a PSV driver's licence; or
the driver holds a PSV driver's licence and is engaged in the carriage of passengers—
on a regular service over a route which does not exceed 50 kilometres ; or
on a national transport operation when the vehicle used is constructed and equipped to carry not more than 15 persons including the driver,
In subsection (2)—
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In section 121 of the 1960 Act (appointment etc. of traffic commissioners), for subsections (4) and (5) (appointments, and constitution of panels of nominees for appointment) there shall be substituted—.
In the case of an offence against any provision of the 1960 Act specified in column 1 of Schedule 4 (of which the general nature is indicated in column 2) the maximum punishment is increased from that now in force (which is indicated in column 3) to that specified in column 4; and for that purpose the provisions of that Act specified in column 1 shall have effect subject to the amendments specified in column 5.
Where an offence under this Part or Part III of the 1960 Act committed by a company is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the company, or any person who was purporting to act in any such capacity, he, as well as the company, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
Where the affairs of a company are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the company.
It shall be a defence for a person charged with an offence under any of the provisions mentioned in subsection (2) to prove that there was a reasonable excuse for the act or omission in respect of which he is charged.
The provisions referred to in subsection (1) are—
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in the 1960 Act—
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sections 146(2) and (3), 147(2) and 148(2);
so much of section 232(3) as relates to failure to comply with the requirement of section 232(2)(b); and
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It shall be a defence for a person charged with an offence under any of the provisions mentioned in subsection (4) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of any offence under that provision.
The provisions referred to in subsection (3) are—
sections 4(6) and (7), 17(3). 18(9)(b). 19(5), 22(7) and 24(4);
in the 1960 Act—
so much of section 144(8) as relates to contravention of section 144(1)(b) ; and
sections 148(2) and 157(2).
The provisions of the 1960 Act mentioned in Part I of Schedule 5, and the enactments specified in Part II of that Schedule, shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Part.
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a local Act (including an Act confirming a provisional order) passed before the commencement of this subsection ; or
an instrument made before the commencement of this subsection under any such local Act,
In this Part, unless the context otherwise requires—
" PSV operator's licence " means a PSV operator's licence granted under the provisions of this Part;
" operator " has the meaning given by subsections (2) and (3);
For the purposes of this Part—
regulations may make provision as to the person who is to be regarded as the operator of a vehicle which is made available by one holder of a PSV operator's licence to another under a hiring arrangement; and
where regulations under paragraph (a) do not apply, the operator of a vehicle is—
the driver, if he owns the vehicle; and
in any other case, the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work).
For the purposes of this Part the operator of a stage or express carriage service is the person, or each of the persons, providing the service; and for those purposes the operator of a vehicle being used as a stage or express carriage shall be taken to be providing the service thereby provided unless he proves that the service is or forms part of a service provided not by himself but by one or more other persons.
Any reference in this Part to a Community instrument or to a particular provision of such an instrument—
is a reference to that instrument or provision as amended from time to time, and
if that instrument or provision is replaced, with or with out modification, shall be construed as a reference to the instrument or provision replacing it.
On the appointed day the whole of the undertaking of the National Freight Corporation (in this Part referred to as “the Corporation”) shall, subject to subsection (4), be transferred by virtue of this section and without further assurance to a company formed for the purposes of this section and nominated under subsection (5) (in this Part referred to as “the successor company”).
In this Part “the appointed day” means such day as the Minister, with the consent of the Treasury, may appoint for the purposes of this section by order made by statutory instrument.
References in this Part to the undertaking of the Corporation are references to all the property, rights, liabilities and obligations of the Corporation, whether or not of such a nature that they could be assigned by the Corporation.
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the commencing capital debt of the Corporation; and
outstanding loans to the Corporation from the Minister,
The Minister may by order made by statutory instrument nominate for the purposes of this section a company formed and registered under the Companies Act 1948 which on the appointed day satisfies the following requirements, that is to say—
it is a company limited by shares; and
all the issued shares of the company are held by the Minister or by nominees for him.
This section shall have effect subject to the provisions of Schedule 6, being supplementary provisions with respect to the transfer by virtue of this section of the undertaking of the Corporation to the successor company; but nothing in those provisions shall be taken as prejudicing the general effect of subsection (1).
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shall be of such nominal value as the Minister may direct; and
shall be credited as fully paid up.
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Securities of the successor company held by the Minister or by nominees for him shall not be disposed of except with the consent of the Treasury and in such manner and on such terms as the Treasury may direct.
Subject to section 49(5), any dividends or other sums received by the Minister, or by nominees for him, in right of, on the disposal of, or otherwise in connection with, any securities of the successor company shall be paid into the Consolidated Fund.
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effected for the purpose of complying with the requirements of this section ; or
where any convertible securities were issued in pursuance of this section, effected in consequence of the exercise of the conversion rights attached to those securities.
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An amount corresponding to any reserves of the Corporation immediately before the appointed day which represent accumulated profits shall be treated by the successor company as reserves of that company applicable for the same purposes as the corresponding reserves of the Corporation.
Nothing in section 56 of the Companies Act 1948 (which requires premiums received on the issue of shares to be transferred to a share premium account) shall affect the operation of subsection (1).
The successor company shall treat the reserves of any company in which the Corporation held shares which were available for distribution immediately before the appointed day as if they had arisen immediately after the appointed day.
Where any dividend is paid to the successor company in respect of shares transferred to the company by virtue of section 45, that dividend shall be available for distribution as profits of the successor company notwithstanding that it is paid out of profits of the company paying the dividend attributable to a period falling wholly or partly before the appointed day.
In ascertaining for the purposes of section 56 of the Companies Act 1948 what amount (if any) falls to be treated as a premium received on the issue of any shares in pursuance of section 46, the amount of the net assets transferred by virtue of section 45 shall be taken to be reduced by an amount corresponding to the amount of any reserve within subsection (1).
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The Corporation shall cease to exist on the appointed day.
The successor company shall prepare a statement of the Corporation's accounts for the period from the end of that dealt with in the last annual statement of accounts published by the Corporation down to the appointed day (in the following provisions of this section referred to as " the final period").
The statement shall be in such form and contain such particulars, compiled in such manner, as the Minister may direct with the approval of the Treasury.
The successor company shall arrange for the accounts of the Corporation for the final period to be audited by auditors appointed by the Minister; and a person shall not be qualified to be so appointed unless he is a member of, or is a Scottish firm in which all the partners are members of, one or more bodies of accountants established in the United Kingdom and for the time being recognised by the Secretary of State for the purposes of section 161(1)(a) of the Companies Act 1948.
As soon as the accounts for the final period have been audited, the successor company shall send to the Minister a copy of the statement of accounts for that period together with a copy of the auditors' report on that statement; and the Minister shall lay a copy of the statement and report before each House of Parliament.
If it appears to the Minister, having determined that all or any of the securities of the successor company held by him or by nominees for him should be offered for sale, that on the date on which those securities are to be so offered the relevant pension obligations will not be completely funded, he may, with the consent of the Treasury, undertake to make to the persons administering the relevant pension schemes such payments towards the funding of those obligations as he may specify in the undertaking.
An undertaking under subsection (1)—
shall specify the aggregate amount of the payments which the Minister proposes to make in pursuance of the undertaking; and
shall be conditional on the amount received by the Minister in consideration for the disposal of the securities being not less than that amount.
If the Minister gives an undertaking under subsection (1) but the condition mentioned in subsection (2) is not fulfilled, he may nevertheless, with the consent of the Treasury, make to the persons administering the relevant pension schemes such payments towards the funding of the relevant pension obligations as he thinks fit.
If no undertaking is given under subsection (1) but it appears to the Minister that, on the date on which all or any of the securities of the successor company held by him or by nominees for him are offered for sale, the relevant pension obligations are not completely funded, he may, with the consent of the Treasury, make to the persons administering the relevant pension schemes such payments towards the funding of those obligations as he thinks fit.
The aggregate amount of any payments made under subsection (3) or (4) shall not exceed the amount received in consideration for the disposal of the securities of the successor company; and the sums required for making any such payments or any payments in pursuance of an undertaking under subsection (1) shall be paid out of that amount.
In this section— and for the purposes of this section the N.F.C. (1978) Pension Fund shall be taken to comprise the pension schemes specified or described in the Schedule to the Central Trust deed within the meaning of the National Freight Corporation (Central Trust) Order 1978.
" the relevant pension obligations " has the meaning given by section 50;
for the definition of " excursion or tour " substitute—; and
for a definition of " bus service" substitute —.
In section 44(4) (test certificates: exemption for certain public service vehicles), for “eight” substitute “ nine ”.
“the relevant pension schemes” means the National Freight Corporation (Salaried Staff) Pension Fund, the National Freight Corporation (Wages Grades) Pension Fund and the N.F.C. (1978) Pension Fund;
In section 49 “the relevant pension obligations” means, subject to subsection (2)—
any obligations of the successor company or a relevant subsidiary which were owed on 1st April 1975 (“the operative date”) in connection with any of the relevant pension schemes; and
where any such obligation is one to pay or secure the payment of pensions, any obligation of the successor company or a relevant subsidiary arising after the operative date to pay or secure the payment of increases of those pensions; and
any obligation of the successor company or a relevant subsidiary arising after the operative date to pay or secure the payment of increases payable under any of the relevant pension schemes, being increases of pensions payable under any other pension scheme established before that date (whether one of the relevant pension schemes or not); and
any obligation of the successor company or a relevant subsidiary which results from an amendment made to any of the relevant pension schemes by virtue of section 74 of the Transport Act 1962 after the operative date and before 1st January 1980.
The definition in subsection (1) does not include—
any obligation which, in relation to one of the relevant pension schemes, is a relevant pension obligation for the purposes of Part III;
any obligation to pay or secure the payment of increases of pensions in excess of increases payable on official pensions under the Pensions (Increase) Act 1971 and section 59 of the Social Security Pensions Act 1975;
any obligation to pay contributions in respect of current periods of employment of a member of a scheme;
any obligation owed by a body in their capacity as the trustees of a scheme or the persons administering a scheme; and
any obligation to pay expenses incurred in connection with a scheme which is specifically imposed on the body by which it is owed;
any obligation in respect of which the body by which it is owed have a right to indemnified by any other body.
In this section—
“ guaranteed pension scheme ” has the same meaning as in section 52B;
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“relevant subsidiary” means any subsidiary of the successor company other than National Carriers Limited and any subsidiary of National Carriers Limited;
For the purposes of this section—
any increase in an obligation which results from an amendment made to a scheme after the operative date shall be treated as a separate obligation; and
where at any time, whether before or after the operative date, any pensions or increases payable under any of the relevant pension schemes are or have been paid by any person, that person shall be treated as being or having been under an obligation at that time to make those payments.
In this Part— and references to the undertaking of the Corporation shall be construed in accordance with section 45(3).
" the appointed day" has the meaning given by section 45(2);
" the successor company" has the same meaning as in Part II.
The making of the agreement for the payment of separate fares must not have been initiated by the driver or by the owner of the vehicle, by any person who has made the vehicle available under any arrangement, or by any person who receives any remuneration in respect of the arrangements for the journey.
The journey must be made without previous advertisement to the public of facilities for its being made by passengers to be carried at separate fares, except where the local authorities concerned have approved the arrangements under which the journey is made as designed to meet the social and welfare needs of one or more communities, and their approvals remain in force. In relation to a journey the local authorities concerned for the purposes of this paragraph are those in whose area any part of the journey is to be made; and in this sub-paragraph " local authority " means—
The journey must not be made in conjunction with, or in extension of, a service provided under a road service licence if the vehicle is owned by, or made available under any arrangement with, the holder of the licence or any person who receives any remuneration in respect of the service provided under it or in respect of arrangements for that service.
Each of the passengers making the journey must have been outside Great Britain at the time of concluding his arrangements to make the journey.
Arrangements for the bringing together of all the passengers for the purpose of making the journey must have been made otherwise than by, or by a person acting on behalf of— and otherwise than by any person who receives any remuneration in respect of the arrangements.
the holder of the operator's licence under which the vehicle is to be used, if such a licence is in force,
the driver or the owner of the vehicle or any person who has made the vehicle available under any arrangement, if no such licence is in force,
The journey must be made without previous advertisement to the public of the arrangements therefor.
All the passengers must, in the case of a journey to a particular destination, be carried to, or to the vicinity of, that destination, or, in the case of a tour, be carried for the greater part of the journey.
No differentiation of fares for the journey on the basis of distance or of time must be made.
For the purposes of paragraphs 2 and 6 no account shall be taken of any such advertisement as follows, that is to say—
a notice displayed or announcement made—
at or in any place of worship for the information of persons attending that place of worship;
at or in any place of work for the information of persons who work there ; or
by any club or other voluntary association at or in any premises occupied or used by the club or association ;
a notice or announcement contained in any periodical published for the information of, and circulating wholly or mainly among—
persons who attend or might reasonably be expected to attend a particular place of worship or a place of worship in a particular place ; or
persons who work at a particular place of work or at any of two or more particular places of work; or
the members of a. club or other voluntary association.
Section 12.
not less than 21 days before making an application to the Minister for a designation order in respect of any area the local authority concerned shall publish in one or more relevant newspapers a notice describing the area in question and stating their intention to apply for a designation order in respect of it and the date on which they propose to make the application. For the purposes of any notice under this paragraph a "relevant newspaper" is any local newspaper which the local authority concerned may consider appropriate.
Before making such an application the local authority concerned shall also notify— In this paragraph " public passenger transport services " has the meaning given by section 1(2) of the Transport Act 1978.
Every application for a designation order shall be accompanied by the original or a copy of any representations in writing (by whoever made) which relate to the application and were received by the local authority concerned before the date on which the application is made; and before making a designation order the Minister shall consider any such representations.
Before making an application to the Minister for an order under section 12(4) varying or revoking a designation order the local authority concerned—
shall notify—
every local authority (if any) whose area adjoins the trial area in question ;
every district council whose area adjoins the trial area;
any person who is for the time being providing a stage carriage service in the trial area; and
such organisations as appear to the local authority concerned appropriate as representing persons providing or employed in the provision of public passenger transport services (within the meaning of paragraph 2) in the trial area ; and
shall consult with every district council whose area is wholly or partly comprised in the trial area.
Paragraph 3 shall apply in relation to an application for, and the making of, an order under section 12(4) as it applies in relation to an application for, and the making of, a designation order.
Subject to sub-paragraph (2), an order under section 12 which revokes or varies a designation order may contain such transitional provisions as the Minister thinks fit. An order under section 12(4) which revokes a designation order or varies it so as to exclude from the area designated by it any part of that area shall contain such transitional provisions as the Minister thinks fit for securing that any person who has, throughout the relevant period ending with the date of the order, provided a stage carriage service which he will be unable to continue to provide after the time when the revocation or variation takes effect unless granted a road service licence in respect of it, can obtain as of right a road service licence that will enable him to continue to provide that service for as long as the licence remains in force after that time. In sub-paragraph (2) " the relevant period ", in relation to an order under section 12(4), means such period of not less than three months as may be specified in the order.
Sections 21(2) and 23(6).
In determining whether an individual is of good repute, traffic commissioners shall have regard to all the relevant evidence and in particular to— In determining whether a company is of good repute, traffic commissioners shall have regard to all the relevant evidence and in particular to—
Being of appropriate financial standing in relation to an applicant for, or holder of, a PSV operator's licence consists in having available sufficient financial resources to ensure the establishment and proper administration of the business carried on, or proposed to be carried on, under the licence.
References in this Part of this Act to professional competence are to the professional competence of an individual; and a company satisfies the requirement as to professional competence if, and so long as, it has a transport manager of its road passenger transport business who is of good repute and professionally competent.
Where an individual is not himself professionally competent, the requirement as to professional competence shall be regarded as satisfied in relation to him if, and so long as, he has a transport manager of his road passenger transport business who is of good repute and professionally competent.
Where the holder of a PSV operator's licence relies on a transport manager to satisfy the requirement as to professional competence and that manager— the holder shall nevertheless not be treated as failing to satisfy that requirement until the expiry of such period as in the opinion of the relevant traffic commissioners is reasonably required for the appointment of a new transport manager.
dies or ceases by reason of physical disability or mental disorder to be capable of discharging his duties as transport manager;
ceases to work for the business ; or
ceases to be of good repute,
Subject to paragraph 10, an individual shall be regarded as professionally competent for the purposes of this Part of this Act if, and only if.—
he is the holder of a certificate issued by an approved body to the effect that he possesses the requisite skills ; or
he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this paragraph by the Minister.
In paragraph 6 " approved body " means— and " the requisite skills " means skills in the subjects listed in Part A of the Annex to that Directive and, in the case of a licence to cover international operations, also skills in the subjects listed in Part B of that Annex.
a body approved by the Minister for the purposes of that paragraph; or
a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46A(5)(c) of the Transport Act (Northern Ireland) 1967 ; or
a body or authority designated by another member State for the purposes of Article 2(4) of Council Directive (EEC) 74/562 of 12th November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations ;
Paragraphs 9 and 10 apply only to persons applying for, and to holders of, standard licences, and accordingly in those paragraphs " a licence " means a standard licence. For the purposes of those paragraphs, a person was authorised to engage in the occupation of road passenger transport operator at any time if, and only if, at that time—
An individual or company authorised to engage in the occupation of road passenger transport operator at any time before 1st January 1978 shall be deemed until the contrary is proved to satisfy the requirements to be of good repute and appropriate financial standing and, if so authorised before 1st January 1975, also to satisfy the requirement as to professional competence. An applicant for a PSV operator's licence, or for the variation of such a licence, shall not be obliged to furnish to the traffic commissioners in support of his application information relating to a requirement which is deemed to be satisfied by virtue of subparagraph (1) unless it appears to the commissioners that there are grounds for thinking that the requirement is not in fact satisfied.
For the purpose of this Part of this Act, an individual shall be regarded as professionally competent if he was authorised to engage in the occupation of road passenger transport operator before 1st January 1978, and was so authorised—
for a period of, or for periods amounting in the aggregate to, two years during the period 1st January 1975 to 31st December 1979; or
at any time in the period 1st January 1970 to 31st December
Section 40. Provision creating offence General nature of offence Existing maximum punishment New maximum punishment Amendment Section 144 Unlicensed person driving public service vehicle, or employment of such a person. £100 £500 In section 144(8) for “£100” substitute “£500”. 146(2) Contravention of regulations as to conduct of persons licensed to act as drivers of public service vehicles. £20 £50 In section 146(2) for “£20” substitute “£50”. 146(3) Failure to produce driver’s licence for purpose of endorsement. £100 £200 In section 146(3) for “£100” substitute “£200”. Section 147(2) Contravention of regulations as to conduct of passengers in public service vehicles. £100 £200 In section 147(2) for “£100” substitute “£200”. Section 157(2) Failure by person carrying on the business of operating public service vehicles to keep accounts and records and to make financial and statistical returns. £100 £200 In section 157(2) for “£100” substitute “£200”. . . . . . . . . . . . . . . . Section 249(2) Failure to comply with an order requiring evidence to be given or documents to be produced at an inquiry. £25 £200 In section 249(2) for the words from “to a fine” onwards substitute “to a fine not exceeding £200”.
Section 43.
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In section 130 (approval of type vehicles), in subsection (3) (withdrawal of approval), for the words from " and " onwards substitute " and thereafter no certificate that any other vehicle conforms to the type vehicle shall be issued ; but as regards any such certificate previously issued, the withdrawal of the approval shall not affect the operation of that certificate for the purposes of section 17 of the Transport Act 1980 (certificates of initial fitness or their equivalents). ".
Section 131 (certificates of fitness for experimental vehicles) shall be amended as follows. For subsection (1) (and the side-note), substitute—. For subsections (4) and (5) substitute—.
In section 144 (drivers' licences)—
in subsection (3), for " either such " substitute " such a ";
in subsection (6) (duration of licences), for "three years" substitute " five years "; and
after subsection (8) insert—.
Section 146 (regulation of conduct of drivers and conductors) shall be amended as follows. For subsection (1) (power to make regulations as to conduct of drivers or conductors of public service vehicles) substitute—. In subsection (2) (penalty for contravention of regulations), after the words " £20, and " insert " , in the case of an offence by a person acting as driver, ".
Section 146 (regulation of conduct of drivers and conductors) and section 147 (regulation of conduct of passengers) shall apply in relation to inspectors as they apply in relation to conductors. In sub-paragraph (1) " inspector ", in relation to a public service vehicle, means a person authorised to act as such by the holder of the PSV operator's licence under which the vehicle is being used. In section 147(1)(d) the words " or other person authorised by the licensee of the vehicle " shall be omitted.
Section 149 (power of Minister to modify restrictions on use of roads by public service vehicles) shall cease to have effect.
In section 152 (wages and conditions of employment of persons employed in connection with public service vehicles), for any reference to, or to the holder of, a public service vehicle licence or to the holder of a road service licence there shall be substituted a reference to, or to the holder of, a PSV operator's licence.
Section 153 (procedure of traffic commissioners) shall be amended as follows. Omit subsection (2) (requirement to hold public sittings for certain purposes). In subsection (3), for " of an application " substitute " of an opposed application for the grant of a road service licence ", and after " where " insert " such ". In subsection (4) (power of commissioners to delegate functions to one of their members), for " requiring to be discharged at a public sitting" substitute " of hearing and determining opposed applications for the grant of road service licences ". After subsection (4) insert—
In section 158 (power to regulate procedure on applications for licences etc.), in paragraph (a)—
for " public service vehicle licences " substitute " PSV opera tors' licences "; and
after " road service licences ", in the second place where it occurs, insert " or PSV operators' licences ".
In section 160(1) (regulations for purposes of Part III)—
in paragraphs (b) and (g), before " fitness " insert " initial ";
in paragraph (cc) for " section 5(6)" substitute " section 5(2) ";
for paragraphs (k) to (a) substitute—; and
for " and different regulations may be made " substitute " and regulations under these actions may make different provision for different circumstance, and may in particular make different provision "
The documents to which section 233(forgery and misuse of documents, etc.) applies shall include— and in section 235 (false statements to obtain licence, etc.) the reference to obtaining the grant of a licence shall include a reference to obtaining the issue of such a certificate or disc.
a certificate of initial fitness under section 17 of this Act ¢
an operator's disc under section 24 of this Act ;
a certificate under section 27 of this Act as to the repute, financial standing or professional competence of any person ;
a certificate under section 130 of the 1960 Act that a vehicle conforms to a type vehicle ; and
a document evidencing the appointment of a person as a certifying officer or public service vehicle examiner ;
In section 248 (power to hold inquiries) after “the London Government Act 1963” insert “ or section 23A of the Transport (London) Act 1969 ”.
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In section 260(2) (consultation before regulations are made), for " or they think " substitute " thinks ".
In section 4 (power of local authority to provide bus shelters), in subsection (4) (definitions), for the words from “and the references” onwards substitute “and “public service vehicle” has the meaning which it would have in Part I of the Transport Act 1980 if in section 2(1) of that Act the words “(other than a tramcar)” were omitted.”.
In section 7(1) (interpretation), after the definition of “local authority” insert— “ “public service vehicle” has the meaning which it would have in Part I of the Transport Act 1980 if in section 2(1) of that Act the words “(other than a tramcar)” were omitted. ”.
In section 4(5) (by virtue of which the Railways Board are not authorised to carry passengers by road in certain hackney carriages adapted to carry less than eight passengers), for “eight” substitute “ nine ”.
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So much of subsection (3) of section 1 as prevents a prohibition or restriction on waiting imposed by a traffic regulation order under that section from applying to an express carriage shall cease to have effect.
In sections 6(8) and 9(8), for the words from " section 135(8)" to " 1960 " substitute " section 28 of the Transport Act 1980 ".
In section 104(1) (interpretation), for the words from " shall be construed " onwards substitute " have the same meaning as in Part I of the Transport Act 1980".
Schedule 5 (speed limits for vehicles of certain classes) shall be amended as follows. In paragraph 1— In paragraph 26, after the definition of "maximum gross weight" insert —. This paragraph does not affect the power to vary Schedule 5 by regulations under section 78.
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In section 23(7) (regulation of London bus services : interpretation) after the definition of " road service licence " insert—.
In section 24(4)(c), for "sections 135(8) and 163(1)" substitute "section 163(1) ".
In section 4(2)(b) (circumstances in which drivers of foreign public service vehicles may be required to produce certain documents)—
for “section 127(1) of the Road Traffic Act 1960” substitute “ section 19(1) of the Transport Act 1980 ” ; and
for “brought into Great Britain to carry persons staying there temporarily” substitute “ registered outside Great Britain ”.
In section 7 (interpretation), in the definition of “public service vehicle” for “sections 117 and 118” substitute “ Part III ”.
In Schedule 1 (enactments conferring functions on examiners), for "Section 128(3) of the Road Traffic Act 1960" substitute "Section 16(1) of the Transport Act 1980 ".
In Schedule I (enactments conferring functions on examiners), for “Section 128(3) of the Road Traffic Act 1960” substitute “ Section 16(1) of the Transport Act 1980 ”.
In section 63(3)(b) (hackney carriage stands not to be appointed so as to impede use of authorised stopping places by public service vehicles), for the words from “granted” to “1968”, substitute “ or PSV operator’s licence granted under Part I of the Tranport Act 1980 ”.
In section 80(1) (interpretation of Part 11)—
in the definition of " private hire vehicle ", for " fewer than eight passengers " substitute " fewer than nine passengers "; and
in the definition of “private hire vehicle”, for “fewer than eight passengers” substitute “ fewer than nine passengers ”; and
in the definition of "public service vehicle", for "section 117 " substitute " Part III ".
in the definition of “public service vehicle”, for “section 117” substitute “ Part III ”.
In Schedule I (permissible relaxations of road traffic and transport law), in paragraph 1(1)—
for “use, or cause or permit the use of,” substitute “ provide any stage carriage service or use ”;
in paragraph (a), for “permit” substitute “ certificate ”
at the end of paragraph (b) insert; and .
In section 2(8) (authorised vehicle in experimental area not to be regarded as a public service vehicle) at the beginning insert " Subject to subsection (8A) below," and after that subsection insert—.
In section 2(9)—
in the definition of " commercial vehicle ", for " not more than five passengers" substitute " not more than eight passengers " ; and
for "section 118(3) of the Road Traffic Act 1960" substitute " section 2(5) of the Transport Act 1980 " .
In the Schedule, in paragraph 14—
after " notice ", in both places where it occurs, insert " or announcement " ; and
for "section 118(3) of the Road Traffic Act 1960" substistitute " paragraph 9 of Schedule 1 to the Transport Act 1980".
In section 1(5) (power of non-metropolitan counties to make grants) for paragraph (b) substitute—.
For subsections (1) to (9) of section 5 (community bus services) substitute the following subsections—.
Section 6 shall be omitted.
In section 7(3) (vehicles excluded from regulation as private hire vehicles)—
for the words " section 118 of the 1960 Act" there shall be substituted the words " section 2(3) of the Transport Act 1980 " ;
for the words " no more than 7 passengers " there shall be substituted the words " no more than 8 passengers " ; and
for the words " 8 to 16 seaters " substitute " 9 to 16 seaters " .
Section 45.
Where any right, liability or obligation is transferred to the successor company by virtue of section 45 that company and all other persons shall, on and after the appointed day, have the same rights, powers and remedies (and, in particular, the same rights as to the taking or resisting of legal proceedings) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of that company. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any reference in sub-paragraph (1) ... to legal proceedings shall be construed as including a reference to any application to an authority, and any reference to the taking or resisting of legal proceedings shall be construed accordingly.
The transfer to the successor company by virtue of section 45 of the property, rights, liabilities and obligations of the Corporation shall have effect notwithstanding any statutory or other restriction on the powers of any other body affected by the transfer.
Where immediately before the appointed day there is in force an agreement which confers or imposes on the Corporation any rights, liabilities or obligations which are transferred to the successor company by virtue of section 45, that agreement shall have effect on and after that day as if—
the successor company had been a party to the agreement; and
for any reference (in whatever terms and whether expressly or by implication) to the Corporation there were substituted, in relation to anything falling to be done on or after that day, a reference to the successor company; and
for any reference (in whatever terms and whether expressly or by implication) to an officer or employee of the Corporation, not being a party to the agreement and beneficially interested therein, there were substituted, in relation to anything falling to be done on or after that day, a reference to such person as the successor company may appoint or, in default of appointment, to the officer or employee of that company who corresponds as nearly as may be to the officer or employee of the Corporation.
Subject to sub-paragraph (2), no right, liability or obligation under any agreement for the rendering by any person of services to the Corporation as a member of the Corporation shall be transferred by virtue of section 45. Sub-paragraph (1) does not apply to any liability for remuneration or allowances payable in respect of any period before the appointed day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The obligations of the Corporation transferred by virtue of section 45 include any obligations of the Corporation to make payments under regulations made under section 135 of the Transport Act 1968 or section 2(4) of the Transport Holding Company Act 1972 (compensation for loss of employment, etc. in consequence of reorganisations under those Acts).
The obligations of the Corporation transferred by virtue of section 45 include any obligation of the Corporation to comply with a determination of the Minister under paragraph 8(1) of Schedule 1 to the Transport Act 1962 relating to the pension (within the meaning of that Act) payable to or in respect of a former member of the Corporation.
Subject to sub-paragraph (2), the provisions of section 74 of the Transport Act 1962 (Minister’s powers to make provision about pensions in the nationalised transport industry) shall have effect on and after the appointed day as if— Except on the application of the successor company, no order shall be made under the said section 74 on or after the appointed day which has the effect of placing the successor company or a subsidiary of the successor company in any worse position; but for this purpose the successor company or a subsidiary shall not be regarded as being placed in a worse position because an order provides that any changes in a pension scheme are not to be effected without the consent of the Minister. An order such as is mentioned in sub-paragraph (2) which is made without the application of the successor company shall not be invalid because in fact it does not have the effect of securing that the successor company and its subsidiaries are not placed in any worse position, but except in so far as the successor company approves the effect of the order the Minister shall as soon as may be make the necessary amending order. Subject to sub-paragraph (6), any order under the said section 74 and any regulations to which paragraph 17 of Schedule 7 to the Transport Act 1962 applies (which continues in force certain earlier pension provisions) which— shall continue in force, subject to any provision made by virtue of sub-paragraph (1), and as respects anything falling to be done on or after the appointed day shall have effect as if for any reference (however worded and whether express or implied) to the Corporation there were substituted a reference to the successor company. A person who on the appointed day— shall not thereby cease to be eligible to participate in any pension scheme in which he was a participant immediately before the appointed day. Subject to sub-paragraph (5), a person who on or after the appointed day leaves or enters the employment of the group consisting of the successor company and its subsidiaries (in this sub-paragraph referred to as “the NFC group”) shall not be eligible by virtue of any provision of an order under the said section 74 made before that day— In this paragraph—
The obligations of the Corporation transferred by virtue of section 45 include any obligation to comply with terms and conditions attached to a grant made under section 18 of the Transport Act 1978 (grants in respect of capital expenditure by National Carriers Limited or its subsidiaries). For the reference in that section to the Corporation there shall be substituted, as from the appointed day, a reference to the successor company. In considering the exercise of his powers under that section in favour of the successor company, the Minister shall take into account any capital expenditure within that section not previously taken into account, including expenditure incurred before the appointed day; and the financial limits set by subsection (2) of that section shall apply in relation to such an exercise of the Minister’s powers as if grants made to the Corporation at any time before the appointed day had been made to the successor company at that time.
The obligations of the Corporation transferred by virtue of section 45 include any obligation to comply with terms attached to a payment made under section 21 of the Transport Act 1978 (reimbursement of amounts paid in connection with travel concessions enjoyed by certain employees and others). For the references in that section to the Corporation there shall be substituted, as from the appointed day, references to the successor company. In considering the exercise of his powers under that section in favour of the successor company, the Minister shall take into account any amounts paid as mentioned in that section and not previously taken into account, including amounts paid by the Corporation and amounts paid in respect of concessionary travel enjoyed before the appointed day.
The obligations of the Corporation transferred by virtue of section 45 include any obligation of the Corporation under subsection (2) of section 162 of the Transport Act 1968 to make a payment to the British Railways Board in respect of any period of occupation before the appointed day by the Corporation or a subsidiary of premises which by virtue of subsection (1) of that section are to be treated for rating purposes as occupied by the Board. If any dispute between the Board and the Corporation as to the amount so payable stands referred to the Minister immediately before the appointed day, it shall be dealt with thereafter as if the successor company had at all times been a party to the reference. Any dispute arising on or after the appointed day between the Board and the successor company as to the amount due under the said subsection (2) shall be referred to the Minister for determination, and his determination shall be final.
Section 51.
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in subsection (1)(a) for the words from " the authority " to the end;
in subsection (3) for the words " the authority or authorities making it" ; and
in subsection (4) for the words " the authority or authorities by whom the scheme was prepared ".
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In section 29(6) for the words from “subsection (2) of the said section” to the end substitute “ subsection (1)(b) of the said section 7 or, as the case may be, to an order under subsection (1)(b) of the said section 8 making such provision as is mentioned in the said section 7(1)(b), but as if for the reference in subsection (6)(a) of the said section 8 to the Railways Board there were substituted a reference to the Scottish Group and the Railways Board ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph 4 of Schedule 16 for the words from “subsection (1)” to “of that section” substitute “ subsection (2) of section 67 of the Act of 1962 ”.
In paragraph 5 of Schedule 16—
in sub-paragraph (2), for “either of the authorities to whom this section applies” substitute “ the Scottish Group ” and for “authority” in both places where it occurs substitute “ Group ”;
in sub-paragraph (3), for “the authority or subsidiary in question” substitute “ the Scottish Group or, as the case may be, the subsidiary in question ”;
in sub-paragraph (4), for “either or both of the authorities to whom this paragraph applies” substitute “ the Scottish Group ” and for the words from “authority” to “each of those authorities” substitute “ Group ”.
Section 60. British Railways Superannuation Fund: New Section GWR Section LMSR Section LNER Section so far as relating to persons admitted to the London and North Eastern Railway Superannuation Fund before 1st June 1957 LNER Section so far as not so relating RCS Section SR Section British Railways (Wages Grades) Pension Fund British Transport Police Force Superannuation Fund B.R. (1974) Pension Fund Great Eastern Railway New Pension Fund and New Pension (Supplemental) Fund Trust Account Great Northern Railway Superannuation Fund Great Western Railway Inspectors and Foremen’s Special Pension Fund Great Western Railway Pension Society Great Western Railway Salaries Staff Supplemental Pension Fund Great Western Railway Supplemental Pensions Reserve Fund Great Western Railway Widows and Orphans’ Benevolent Fund Lancashire and Yorkshire Railway Pension Fund Society London, Brighton and South Coast Railway Pension Fund London Midland and Scottish Railway (L.N.W.) Insurance Society London Midland and Scottish Railway (L.N.W.) Provident and Pensions Society London Midland and Scottish Railway (L.N.W.) Supplementary Pension Fund and Locomotive Foremen’s Pension Fund London Midland and Scottish Railway Midland Friendly Society London Midland and Scottish Railway (North Staffordshire Section) Friendly Society North British Railway Insurance Society North Eastern and Great Eastern Superannuation Societies and Pensions Funds Joint Trust Account Southern Railway (South Eastern & Chatham Section) Enginemen & Motormen’s Pension Fund Society Thomas Bantock & Co. Superannuation Fund.
Section 69.
Chapter Short title Extent of repeal 1 & 2 Eliz. 2. c. 33. Education (Miscellaneous Provisions) Act 1953. Section 12. 2 & 3 Eliz. 2. c. 64. Transport Charges &c.(Miscellaneous Provisions) Act 1954. Section 2. Schedule 1. 3 & 4 Eliz. 2. c. 26. Public Service Vehicles (Travel Concessions) Act 1955. In section 1(7), the words “and two”. 6 & 7 Eliz. 2. c. 50. Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958. In section 7(1), the words from “and the references” onwards. 8 & 9 Eliz. 2. c. 16 Road Traffic Act 1960. Sections 117 and 118. In section 119(3)(a), the words “or backed”. Section 127. In section 128(2), the, words from “In the application” onwards. Section 129. In section 130, in subsection (2), the words from “and such” onwards. Sections 132 to 140. Section 143. In section 144, the words “or act as conductor of”, wherever occurring, and, in subsection (3), the words from “and for” to “eighteen”. In section 145(1), the words “or act as conductor of”. In section 147(1)(d) the words “or other person authorised by the licensee of the vehicle”. Section 149. Section 153(2). In section 154, the words “or act as conductor of”. In section 155, the words “or act as conductor of”. In section 156(1), the words “or backed”. In section 158, the words “or act as conductor of”. In section 160—(a) Subsection (1), the words “or the Twelfth Schedule thereto”;(b)in subsection (1)(f), the words “and conductors”;(c)in subsection (2), the words “and the Twelfth Schedule thereto”. In section 163(1), the words “or act as conductor of.” Section 234. Section 240. In section 247(2), the words from “or (in a case” onwards. In section 257(1), the definitions of “owner” and “road service licence”. Section 258. Schedule 12. In Schedule 17, the entries relating to the Local Government (Miscellaneous Provisions) Act 1953 and the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958. 1O & 11 Eliz. 2. c. 46. Transport Act 1962. In Schedule 2, in Part 1, the entries relating to section 12 of the Education (Miscellaneous Provisions) Act 1953 and section 135 of the 1960 Act. 1963 c. 33. London Government Act 1963. In section 9(6)(b), the words from “except” to “1960”. Section 14(6)(d). In Schedule 5, in Part I, paragraph 25. 1965 c. 25. Finance Act 1965. In section 92(8), the definition of “road service licence”. 1967 c. 76. Road Traffic Regulation Act 1967. In section 1(3), the words “or express carriage”. In Schedule 6, the amendment of section 135(2) of the 1960 Act. 1968 c. 73. Transport Act 1968. Section 21(1). Section 30. Section 35(1), (2) and (3)(a). In section 138, in subsection (1)(a) the words from “subject” to “granted or backed”, and in subsection (3)(a) the words “subject as mentioned in subsection (1)(a) of this section”. Section 145(1). In section 159(1), in the definition of “road service licence” the words from “and except” onwards. 1969 c. 35. Transport (London) Act 1969. In section 23(6), the words from “except” to “that section”. In section 23(7), in the definition of “road service licence” the words from “and includes” onwards. In section 24(2), the words “or act as conductor of”. Section 24(3). Section 24(4)(b) and (d). In Schedule 3, in paragraph 8, in the subsection substituted in section 92 of the Finance Act 1965, the definition of “road service licence”; and paragraph 11. 1971 c. 62. Tribunals and Inquiries Act 1971. Section 13(5). In section 13(6)(a) the words from “or to a decision” to “traffic commissioners”. In Schedule 1, in paragraph 30(a), the words from “and” onwards. 1972 c. 20. Road Traffic Act 1972. In section 44(4)—(a) the words from “to public service vehicles” to “passengers or”;(b) the words from “but shall apply” to “1978”;(c) the words from “if no” to the end. 1972 c. 68. European Communities Act 1972. In Schedule 4, paragraph 10. 1972 c. 70. Local Government Act 1972. Section 186(3). 1973 c. 65. Local Government (Scotland) Act 1973. In Schedule 18, paragraphs 26 and 30 to 35. 1974 c. 50. Road Traffic Act 1974. In Schedule 2, paragraphs 1 and 3 to 5. In Schedule 5, all the entries in Part I except those relating to sections 148(2) and 239 of the 1960 Act. In Schedule 6, paragraph 1 and, in paragraph 2, the words “or act as conductor of”. In Schedule 7, the entry relating to section 131(1)(b) of the 1960 Act. 1976 c. 76. Energy Act 1976. In Schedule 1, in paragraph 2, the words “or act as conductor of” in both places where they occur. 1978 c. 55. Transport Act 1978. Section 5(10). Section 6. Section 7(1) and (2). Section 8. Schedule 1. Schedule 2, except paragraph 5.
Chapter Title Extent of repeal 1960 c. 16. Road Traffic Act 1960. In section 232(1)(b), the words “or 71”. 1968 c. 73. Transport Act 1968. Section 6. In section 7(5), the words “or under section 6(1) of this Act”. In section 8(6)(a), sub-paragraph (iv). In section 45(6)(a), the words “or under section 6(1) of this Act”. In section 71—(a) subsections (1) to (5);(b) in subsection (6), the words “this section and”;(c) subsection (7);(d) in subsection (8) the definition of “pallet”;(e) subsections (9) and (10). Sections 72 to 80. In section 81(3), the words from “(or, if” to “last vehicle)”. In section 82—(a) in subsection (1), the words “record or other”, “76 or”, “record or other” and “record or”;(b) in subsection (2), the words “records or” and “record or”. In section 83, the words “record or other”, “76 or” and “record or”. In section 84—(a) in paragraph (a), the words “a special authorisation”;(b) in paragraph (b), the words “or authorisation”;(c) in paragraph (c), the words “or special authorisation”;(d) in paragraph (d), the words “a special authorisation”;(e) in paragraph (f), the words “or authorisation”. Section 85(1)(b). In section 86, the words “and a special authorisation” and “or special authorisation”. In section 87, subsection (2) and in subsection (3) the words “or 79”. In section 89(1), the words “and special authorisations”. In section 91—(a) in subsection (1)(a), the words “and special authorisations”;(b) in subsection (1)(b), the words “and special authorisations”, “or authorisations” and “or authorisations”;(c) in subsection (1)(c), the words from “or as vehicles” to the end;(d) in subsection (1)(d), the words “and special authorisations”, “or authorisations” and “or 79”;(e) in subsection (1)(e), the words “or special authorisation”;(f) in subsection (2), the words “or as vehicles used under a special authorisation” and “or special authorisation”;(g) subsection (4)(b). In section 92(6), the words “or authorisation” in both places where they occur. In section 94, subsections (4) to (6) and in subsection (8) the words from “but if” to the end. Section 150. In section 162(2), the words from “who may” to “their recommendations”. In Schedule 10, in Part I—(a) in the amendment of section 233(1)(a) of the Road Traffic Act 1960, the words “or authorisation”;(b) in the amendment of section 233(1)(c) of that Act, the words from “and that paragraph” to the end;(c) in the amendment of section 235(1) of that Act the words “or authorisation”;(d) in the amendment of section 263(1) of that Act, the words from “and the references” to the end. In Schedule 10, in Part II, in the amendment of section 232(1)(b) of the Road Traffic Act 1960 the words “or 71”. 1969 c. 48. Post Office Act 1969. In Schedule 4, paragraph 88. 1974 c. 48. Railways Act 1974. Sections 5 to 7. 1975 c. 24. House of Commons Disqualification Act 1975. In Schedule 1, in Part II, the entry relating to the Freight Integration Council. 1975 c. 25. Northern Ireland Assembly Disqualification Act 1975. In Schedule 1, in Part II, the entry relating to the Freight Integration Council. 1978 c. 55. Transport Act 1978. Sections 19 and 20.
Chapter Title Extent of repeal 1938 c. 44. Road Haulage Wages Act 1938. In section 4(2), the words “the National Freight Corporation,”. 1964 c. 40. Harbours Act 1964. In section 57(1), in the definition of “the Boards”, the words “the National Freight Corporation” and “Corporation or”. 1966 c. 27. Building Control Act 1966. In the Schedule, the entry relating to the National Freight Corporation. 1966 c. 34. Industrial Development Act 1966. In Schedule 2, the entry relating to the National Freight Corporation. 1968 c. 73. Transport Act 1968. Sections 1 to 5. In section 7—(a) in subsection (1), the words from “or the Freight Corporation” to “acting jointly” and in paragraph (b) the words “the Corpora tion” and “or Corporation”;(b) subsection (2);(c) in subsection (3), the words “subsection (1) or (2) of”;(d) in subsection (4), in paragraph (a) the words “or the Freight Corporation” and “respective” and paragraph (b);(e) in subsection (5), the words “or subsection (2)”;(f) in subsection (6), the words “or subsection (2)”;(g) in subsection (7), the words from “and in the application” to the end. In section 8—(a) in subsection (1), paragraph (a) and in paragraph (b) the words “or paragraph (b) of subsection (4)”;(b) subsection (2);(c) in subsection (3), the words “subsection (1) or (2) of”;(d) in subsection (4), the words “subsection (1) of” and the words from “and in the case” to “of this section”;(e) in subsection (5), the words from “and in the application” to the end;(f) in subsection (6), the words from the beginning to “Corporation; and” and in paragraph (a), sub-paragraph (i), in sub-paragraph (ii) the words from “in the case” to “of this section” and sub-paragraph (iii). In section 44—(a) in subsection (1)(a)(iii), the words “3(1) or” and the words “the Freight Corporation or”;(b) in subsection (1)(b)(iii), the words “the Freight Corporation or”;(c) in the concluding words of subsection (1)(b), the reference to section 3(1). In section 45—(a) in subsection (1), paragraph (b), the word “and” immediately preceding that paragraph and the words “or, as the case may be, the Corporation”;(b) in subsection (2), the words “or, as the case may be, the Corporation” in both places where they occur;(c) in subsection (3), the words “or the Freight Corporation”;(d) in subsection (5),the Words “or the Freight Corporation or each of them” and “respective”;(e) in subsection (6), the words “or the Freight Corporation”. In section 52(2), the words “and the Freight Corporation”, “or the Corporation” and “or Corporation” In section 55—(a) in subsection (1)(b), the words “the Freight Corporation and” and the words “of that Corporation or”;(b) in subsection (1)(ii), the words “but including a reference to the Freight Corporation”;(c) in subsection (1)(iii), the, words “or the Freight Corporation”,(d) subsection (1)(iv);(e) in subsection (4) the words “or with the Freight Corporation” and the words “or Corporation” in both places where they occur. In section 121, in subsection (1) the words from “and sections 116 and 117” to the end and in subsection (2)(a) the words “the Freight Corporation or the subsidiaries of that Corporation”. In section 125(4), the words “and to the Freight Corporation”. In section 134(3)(b), the reference to section 2(1)(g)(ii) and (m). In section 156(1), the words “the Freight Corporation”, “or Corporation”, “Corporation or”, “the Minister or, in the case of the Scottish Group”, and “the Minister or, as the case may be,”. In section 159(1),the definition of “the Freight Corporation” and in the definition of “the new authorities” the words “the Freight Corporation”. In section 160(3), paragraph (a) and in paragraph (b) the reference to section 4(1). In section 162—(a) in subsection (1), paragraph (b) and the word “or” immediately preceding it, the words “or (b)” and the words from “or, as the case may be” to “that Corporation”;(b) subsection (2);(c) in subsection (3), the words “or the Freight Corporation” and the words “or that Corporation”;(d) in subsection (4), the words “or (b)” and the words “of the Freight Corporation or”. In Schedule 1, paragraph 1 and in paragraph 5 the words from “and, in the case” to the end. In Schedule 2, in paragraph, 3(a), the words “5(3)(a) or”. Schedule 3. In Schedule 4, in paragraph 5 the words from “by or on behalf” to “Freight Corporation, or” and in paragraph 6 the words “the Freight Corporation”. In Schedule 10, in Part 1, in the second amendment to section 4(2) of the Road Haulage Wages Act 1938, the words “the National Freight Corporation,”. In Schedule 16—(a) paragraphs 1 and 2;(b) in paragraph 4, in sub-paragraph (1) the words “the Corporation and”, sub-paragraph (2) and in sub-paragraph (5) the words “the Freight Corporation” and “Corporation”;(c) in paragraph 5, sub-paragraph (1);(d) in paragraph 7(1), the words “to the Freight Corporation and” and “of the Freight Corporation or”;(e) in paragraph 8, in sub-paragraph (1)(d)(j), the words “the National Freight Corporation” and “Corporation or” and in sub-paragraph (2) the words “the Freight Corporation”;(f) in paragraph 9, the words “The National Freight Corporation”;(g) in paragraph 10, the words “The National Freight Corporation”. 1974 c. 8. Statutory Corporations (Financial Provisions) Act 1974. In Schedule 2, in the first column of the entry amending section 19(2) of the Transport Act 1962, the reference to the National Freight Corporation. 1975 c. 24. House of Commons Disqualification Act 1975. In Schedule 1, in Part II, the entry relating to the National Freight Corporation. 1975 c. 25. Northern Ireland Assembly Disqualification Act 1975. In Schedule 1, in Part II, the entry relating to the National Freight Corporation. 1977 c. 20. Transport (Financial Provisions) Act 1977. Section 2. 1978 c. 55. Transport Act 1978. Section 17.
Chapter Title Extent of repeal 1967 c. 76. Road Traffic Regulation Act 1967. Section 100.
The enactments mentioned in Schedule 7 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Part.
Subject to the provisions of this section and sections 52A to 52D and 58,, the Minister shall, in relation to each B.R. or N.F.C. pension scheme and for each financial year, make to the persons administering the scheme payments equal in aggregate to the product of—
the proportion determined under section 54(1) as the proportion of the relevant pension obligations which has not been funded;
the proportion determined in relation to that year under section 55(1) as the proportion of the pensions, increases and expenses payable under or incurred in connection with the scheme which corresponds to those obligations; and
the aggregate amount of the pensions, increases and expenses payable under or incurred in connection with the scheme for that year.
Where in the case of any such scheme the funding of the relevant pension obligations has, by virtue of subsection (3) of section 54, been left out of account in making a determination under subsection (1) of that section, the aggregate amount of the payments made under subsection (1) to the persons administering the scheme shall be reduced for each financial year—
by the amount of any income accruing to the scheme for that year which may be applied towards the payment of such of the pensions, increases and expenses payable under or incurred in connection with the scheme as correspond to the obligations; and
in the case of the first financial year, by an amount equal to the value of the assets by which the obligations are funded.
Where, for any financial year, the aggregate amount of the payments made under subsection (1) to the persons administering any such scheme requires adjustment by reason of— that adjustment shall be made by increasing or, as the case may require, reducing the aggregate amount of the payments made under subsection (1) for the following financial year.
any variation between the proportion finally determined under section 55(1) in relation to that year and the proportion previously so determined; or
any unforeseen increase or reduction in the aggregate amount of the pensions, increases and expenses payable under or incurred in connection with the scheme for that year,
Payments under subsection (1) shall be made, so far as practicable, not later than the day on which the pensions, increases and expenses to which they relate fall to be paid or incurred.
The making of any payment under subsection (1) shall be subject to compliance with such conditions as to the keeping of records, the issue of certificates and the auditing of accounts as the Minister may with the approval of the Treasury determine.
Any sums required for making payments under subsection (1) shall be paid out of money provided by Parliament.
In this Part “the relevant pension obligations”, in relation B.R. pension scheme, means subject to subsection (3)—
any obligations of the Authority which were owed by the Board on 1st January 1975 (“the operative date”) in connection with the scheme; and
where any such obligation is one to pay or secure the payment of pensions, any obligation of the Authority which arose as an obligation of the Board after the operative date or was never an obligation of the Board to pay or secure the payment of increases of or sums representing accrued rights in respect of those pensions; and
any obligation of the Authority which arose as an obligation of the Board after the operative date or was never an obligation of the Boardto pay or secure the payment of increases payable under the scheme, being increases of pensions payable under any other pension scheme established before that date (whether a B.R. pension scheme or not).
In this Part “the relevant pension obligations”, in relation to an N.F.C. pension scheme, means subject to subsection (3)— being (in each case) obligations which relate to employees or former employees of a relevant subsidiary or employees or former employees of the successor company or the Corporation who are or were employed as directors or managers of a relevant subsidiary.
any obligations of the successor company or a relevant subsidiary which were owed on 1st April 1975 (“the operative date”) in connection with the scheme; and
where any such obligation is one to pay or secure the payment of pensions, any obligation of the successor company or a relevant subsidiary arising after the operative date to pay or secure the payment of increases of or sums representing accrued rights in respect of those pensions; and
any obligation of the successor company or a relevant subsidiary arising after the operative date to pay or secure the payment of increases payable under the scheme, being increases of pensions payable under any other pension scheme established before that date (whether an N.F.C. pension scheme or not); and
any obligation of the successor company or a relevant subsidiary which results from an amendment made to the scheme by virtue of section 74 of the Transport Act 1962 after the operative date and before 1st January 1980,
The definitions in subsections (1) and (2) do not include—
any obligation to pay or secure the payment of increases of pensions in excess of increases payable on official pensions under the Pensions (Increase) Act 1971 and section 59 of the Social Security Pensions Act 1975;
any obligation to pay contributions in respect of current periods of employment of a member of a scheme;
any obligation to pay expenses incurred in connection with the management of a scheme which is specifically imposed on the body by which it is owed;
any obligation owed by a body in their capacity as the trustees of a scheme or the persons administering a scheme; and
subject to subsection (4), any obligation in respect of which the body by which it is owed have a right to be indemnified by any other body.
Subsection (3)(e) does not apply—
in the case of an obligation owed by the Authority, where the Authorityhas a right to be indemnified by the successor company;
in the case of an obligation owed by the successor company, where the successor company has a right to be indemnified by a relevant subsidiary;
in the case of an obligation owed by the successor company, where the successor company has a right to be indemnified by the Authority and the obligation relates to employees or former employees of Freightliners Limited or employees or former employees of the successor company or the Corporation who are or were employed as directors or managers of Freightliners Limited;
in the case of an obligation owed by a relevant subsidiary, where that subsidiary has a right to be indemnified by the successor company or by another relevant subsidiary; and
in the case of an obligation owed by Freightliners Limited, where Freightliners Limited has a right to be indemnified by the Authority.
In this section “relevant subsidiary” means National Carriers Limited, Freightliners Limited and any subsidiary of National Carriers Limited.
For the purposes of this section—
any increase in an obligation which results from an amendment made to a scheme after the operative date shall be treated as a separate obligation; and
where at any time, whether before or after the operative date, any pensions or increases payable under a B.R. or N.F.C. pension scheme are or have been paid by any person, that person shall be treated as being or as having been under an obligation at that time to make those payments.
If the Minister is desirous of making to the persons administering a B.R. pension scheme one or more payments by way of final discharge of his liability to make payments to them under section 52(1) in relation to that scheme, to the extent that that liability relates to so much of the relevant pension obligations as are owed in respect of— he may give to the persons administering the scheme a notice identifying the pension rights in question and specifying in relation to those pension rights the matters set out in subsection (2), as determined in accordance with the following provisions of this section.
all pension rights under the scheme,
pension rights of some particular class or description under the scheme, or
pension rights of persons of some particular class or description under the scheme,
The matters mentioned in subsection (1) are—
the capital value of the attributable unfunded obligations in question, as at the beginning of the next financial year;
the amount or amounts, or the method of determining the amount or amounts, of the payment or payments to be made under this section by way of final discharge of the Minister’s liability to make payments under section 52(1), so far as relating to the pension rights identified in the notice under subsection (1); and
the date or dates on which that payment or those payments are to be made.
In making any determination for the purposes of paragraph (b) of subsection (2), the amount or, as the case may be, the aggregate of the amounts mentioned in that paragraph shall be such as to include—
a sum equal to the capital value determined under paragraph (a) of that subsection; and
interest, payable at such rate as may be determined by the Minister, on so much (if any) of that sum as may from time to time be outstanding after the beginning of the financial year mentioned in the said paragraph (a).
For the purposes of this section, the capital value mentioned in paragraph (a) of subsection (2) shall either— and it shall be for the Minister to determine the matters mentioned in paragraphs (b) and (c) of that subsection.
be determined by the Minister, or
if the Minister so requires in the particular case, be determined by the actuary to the scheme in question and approved by the Minister,
Notice under subsection (1) above shall only be given after consultation— and any such notice must be given not less than one month before the beginning of the financial year mentioned in subsection (2)(a).
with the persons administering the scheme in question; and
with the actuary to that scheme, except in a case where the capital value mentioned in subsection (2)(a) is determined by that actuary pursuant to subsection (4)(b);
The giving of a notice under subsection (1) shall—
terminate the liability of the Minister to make payments under section 52(1), so far as relating to the pension rights identified in the notice, for financial years beginning after the giving of the notice; and
impose upon the Minister a duty—
to make to the persons administering the scheme in question the payment or payments mentioned in subsection (2)(b); and
to do so at the time or times specified in pursuance of subsection (2)(c).
Where notice has been given under subsection (1), the Minister may— amend that notice by giving notice of the amendment to the persons administering the scheme.
at any time before the expiration of the period of eleven months beginning with the financial year mentioned in subsection (2)(a) as it applies in relation to that notice, and
after consultation with the persons administering the scheme in question and the actuary to the scheme,
If notice is given under subsection (7) of an amendment affecting the amount of a payment which has been made pursuant to this section, the Minister may also give notice to the persons administering the scheme in question requiring them— and where notice is given under paragraph (a) or (b), the amount required to be repaid or, as the case may be, the amount of interest required to be paid from time to time, shall be treated as a debt due from those persons to the Minister.
to repay to him so much of the payment made as exceeds the amended amount; and
to pay interest to him, at such rate as he may determine, on the amount to be repaid, as from the date on which the payment in question was made by him;
In any case where— payments by way of adjustment, of an amount equal in the aggregate to the amount of the required adjustment, shall instead be made by the Minister to the persons administering the scheme or, as the case may require, by those persons to the Minister, before the expiration of the period of six months beginning with the date on which the amount of the required adjustment is determined.
notice has been given under subsection (1), the effect of which (whether taken alone or with other notices under that subsection) is that notice has been given under that subsection in respect of all pension rights under the scheme in question, and
for that financial year in which the notice mentioned in paragraph (a) is given, the aggregate amount of the payments made under section 52(1) in relation to the scheme requires adjustment for the reason set out in section 52(3)(a) or (b), but
the required adjustment cannot be made as mentioned in section 52(3), because (in consequence of the notice mentioned in paragraph (a)) no payments under section 52(1) fall to be made in relation to that scheme for subsequent financial years,
The Minister may give a direction to the persons administering a B.R. pension scheme requiring them to furnish to him—
information from which the proportion mentioned in section 55(1)(a) can be finally determined for the financial year mentioned in subsection (9)(b) in the case of the scheme; or
information about any such unforeseen increase or reduction in the aggregate amount of the pensions, increases and expenses payable under or incurred in connection with the scheme for that financial year as is mentioned in section 52(3)(b).
Where payments by way of adjustment fall to be made under subsection (9), interest shall be payable from the end of the financial year in which the notice mentioned in subsection (9)(a) is given, by the person liable to make those payments, at such intervals and rates as may be determined by the Minister, on so much of the aggregate amount of the payments in question as for the time being remains unpaid.
So much of— as has not been paid shall be treated as a debt due.
any payment by way of adjustment under subsection (9) which falls to be made, or
any interest accrued under subsection (11),
Nothing in this section affects the liability of the Authority in respect of any relevant pension obligations.
For the purposes of this section, the “capital value of the attributable unfunded obligations”, in the case of any B.R. pension scheme, means such amount as is, in the opinion of the person determining that capital value pursuant to subsection (4), the capital equivalent of the payments that would, apart from this section, have been expected to be made by the Minister under section 52(1), so far as relating to the pension rights identified in the notice under subsection (1), for the successive financial years beginning with the one mentioned in subsection (2)(a).
Any sums required for the making of payments under this section by the Minister shall be paid out of money provided by Parliament.
The Minister shall, in relation to each B.R. or N.F.C. pension scheme—
determine, as soon as practicable after the passing of this Act, what proportion of the relevant pension obligations has not been funded; and
after consulting with persons administering the scheme and the Board or, as the case may be, the successor company, confirm or vary that determination, before the end of the first financial year, by a further determination of that proportion contained in an order.
Where at the time when a determination under subsection (1) falls to be made any class of the relevant pension obligations appear to be completely funded, that class of obligations and their funding may, if the Minister thinks fit, be left out of account in making that determination.
Where at the time when a determination under subsection (1) falls to be made the assets by which the relevant pension obligations are funded appear to be insufficient to meet such of the pensions, increases and expenses payable under or incurred in connection with the scheme for the first financial year as correspond to those obligations, that funding may, if the Minister thinks fit, be left out of account in making that determination.
An order under subsection (1)—
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament; and
may be varied or revoked by a subsequent order made before the end of the first financial year.
References in subsection (1) to a determination or further determination made by the Minister shall include references to a determination or further determination made by the actuary to the scheme and approved by the Minister.
The Minister may make a substitution order in relation to any occupational pension scheme— and any reference in this section to a “ guaranteed pension scheme ” is a reference to such an occupational pension scheme.
which is a new scheme, within the meaning of Schedule 11 to the Railways Act 1993;
which is designated under paragraph 10(1) of that Schedule (designation of schemes which are to be treated as B.R. pension schemes for certain purposes of this Part); and
in relation to which a guarantee has been given by the Secretary of State under paragraph 11 of that Schedule;
The Minister may also make a substitution order in relation to any section of a new scheme, within the meaning of Schedule 11 to the Railways Act 1993, if the section is one— and the following provisions of this section (and sections 52C and 52D) shall apply in relation to any such section of a new scheme as if any reference to a guaranteed pension scheme included a reference to such a section.
which is designated under paragraph 10(1) of that Schedule; and
in relation to which a guarantee has been given by the Secretary of State under paragraph 11 of that Schedule;
For the purposes of this section, a “ substitution order ” is an order under this section the effect of which is—
to terminate, from the termination date, the Minister’s liability to make to the persons administering the guaranteed pension scheme in question payments under section 52(1) in relation to the scheme; and
to impose on the Minister, in substitution for that liability, an obligation to make to those persons, subject to and in accordance with the following provisions of this section, one or more other payments (the “ substitution payments ”) in relation to that scheme.
Subject to the following provisions of this section, the amount of the substitution payments to be made in the case of a guaranteed pension scheme shall be equal in the aggregate to the sum of—
the amount specified pursuant to subsection (5)(a) as the capital value of the unfunded obligations in the case of the scheme; and
the aggregate amount of any interest which is dealt with as mentioned in subsection (8)(b)(ii) in the case of the scheme.
A substitution order must specify—
the capital value of the unfunded obligations in the case of the guaranteed pension scheme in question, as at the termination date; and
the date which, for the purposes of this section, is to be the termination date in relation to that scheme, being a date not earlier than one month after the coming into force of the substitution order.
Any determination for the purposes of this section of the capital value of the unfunded obligations in the case of a guaranteed pension scheme shall either—
be made by the Minister; or
if the Minister so requires in the particular case, be made by the actuary to the guaranteed pension scheme in question and approved by the Minister.
A substitution order may specify— and may provide for the obligation to make substitution payments to be discharged if the guaranteed pension scheme in question has, in the opinion of a person specified or described in, or nominated under, the order, been wound up.
the amount or amounts, or the method of determining the amount or amounts, of the substitution payments,
the date or dates on which the substitution payments are to be made,
circumstances (which may, if the Minister so desires, be defined by reference to the opinion of any person) in which substitution payments are to be made,
A substitution order must provide— and the provision that may be made by virtue of paragraph (a) includes provision for the rate of interest to be calculated by reference to any variable or to be such rate as the Minister may from time to time determine and specify in a notice to the persons administering the scheme in question.
for interest to accrue from the termination date on the outstanding balance of the capital value for the time being at such rate, and at such intervals, as may be specified in, or determined under or in accordance with, the order; and
for any such interest which accrues— (or to be dealt with partly in one of those ways and partly in the other);
to be paid to the persons administering the guaranteed pension scheme in question, or
to be added to the outstanding balance of the capital value,
For the purposes of subsection (8), the “outstanding balance of the capital value”, in the case of a guaranteed pension scheme, means the capital value of the unfunded obligations in the case of the scheme, as specified pursuant to subsection (5)(a),—
reduced by the amount of any substitution payments made in relation to that scheme; and
increased by any additions of accrued interest under or by virtue of subsection (8)(b)(ii) in relation to that scheme.
Nothing in this section affects the liability of the Authority in respect of any relevant pension obligations.
Any sums required for the making of payments under this section by the Minister shall be paid out of money provided by Parliament.
In this section— “the capital value of the unfunded obligations”, in the case of any guaranteed pension scheme, means such amount as is, in the opinion of the person determining that capital value pursuant to subsection (6), the capital equivalent of the payments that would, apart from this section, have been expected to be made by the Minister under section 52(1) in relation to that scheme after the termination date in the case of that scheme; “ occupational pension scheme ” means an occupational pension scheme as defined in section 1 of the Pension Schemes Act 1993; “the terminal period”, in the case of any guaranteed pension scheme, means— if a financial year of the scheme ends with the termination date, that financial year; or in any other case, so much of the financial year of the scheme in which the termination date falls as ends with that date; “the termination date”, in the case of any guaranteed pension scheme, shall be construed in accordance with subsection (5)(b); “the termination year”, in the case of any guaranteed pension scheme, means the financial year of the scheme which consists of or includes the terminal period; “ trustees ”, in relation to a guaranteed pension scheme, includes a reference to any persons who, under the rules of the scheme, are under a liability to provide pensions or other benefits but who are not trustees of the scheme.
The Minister shall, in relation to each B.R. or N.F.C. pension scheme and for each financial year—
determine, before the beginning of the year or, in the case of the first financial year, as soon as practicable after the passing of this Act, what proportion of the pensions, increases and expenses payable under or incurred in connection with the scheme corresponds to the relevant pension obligations; and
confirm or vary that determination, from time to time during the year and as soon as practicable after the end of the year, by a further determination of that proportion.
Where in the case of any such scheme any class of the relevant pension obligations and their funding have, by virtue of subsection (2) of section 54, been left out of account in making a determination under subsection (1) of that section, that class of obligations shall not be regarded as relevant pension obligations for the purposes of any determination under subsection (1).
References in subsection (1) to a determination or further determination made by the Minister shall include references to a determination or further determination made by the actuary or auditor to the scheme and approved by the Minister.
As soon as practicable after the termination date in the case of any guaranteed pension scheme, there shall be determined, for the terminal period, what proportion of the pensions, increases and expenses payable under, or incurred in connection with, the scheme corresponds to the relevant pension obligations.
Any determination under subsection (1) shall either—
be made by the Minister; or
if the Minister so requires in the particular case, be made by the actuary or auditor to the guaranteed pension scheme in question and approved by the Minister.
The Minister may give a direction to the persons administering a guaranteed pension scheme requiring them to determine the aggregate amount of the pensions, increases and expenses payable under or incurred in connection with the scheme for the terminal period or the termination year and to notify him in writing of their determination.
As respects the termination year of a guaranteed pension scheme, the extent of the liability of the Minister to make payments under section 52(1) in relation to that scheme shall be restricted to a liability to make payments of an amount (the “termination year amount”) equal in the aggregate to the product of— and payments by way of adjustment shall be made by the Minister to the persons administering the scheme, or (as the case may be) by those persons to the Minister, before the expiration of the period of six months beginning with the date of the last of the determinations made under subsection (1) or (3) with respect to the scheme.
the proportion determined under section 54(1) for that scheme;
the proportion determined pursuant to subsection (1) in the case of that scheme; and
the aggregate amount of the pensions, increases and expenses payable under or incurred in connection with that scheme in the terminal period;
Where, in the case of a guaranteed pension scheme, the funding of the relevant pension obligations has, by virtue of subsection (3) of section 54, been left out of account in making a determination under subsection (1) of that section, the termination year amount in the case of that scheme shall be the difference between—
what that amount would have been, apart from this subsection; and
the amount of any income accruing for the terminal period which may be applied towards the payment of such of the pensions, increases and expenses payable under or incurred in connection with the scheme as correspond to those obligations.
The Minister may give a direction to the persons administering a guaranteed pension scheme requiring them to determine the amount mentioned in subsection (5)(b) and to notify him in writing of their determination.
Where payments by way of adjustment fall to be made, interest shall be payable, as from the termination date, by the person liable to make those payments, at the rates and intervals from time to time applicable for the purposes of section 52B(8)(a) in the case of the scheme in question, on so much of the aggregate amount of the payments in question as for the time being remains unpaid.
So much of— as has not been paid shall be treated as a debt due.
any payment by way of adjustment which falls to be made, or
any interest accrued under subsection (7),
Any sums required for the making of payments under this section by the Minister shall be paid out of money provided by Parliament.
In this section, “payments by way of adjustment”, in the case of a guaranteed pension scheme, means—
if the Minister has made payments under section 52(1) in relation to that scheme for the termination year which, in the aggregate, exceed the termination year amount, payment to the Minister by the persons administering the scheme of an amount equal to the excess;
if the Minister has made no payments under section 52(1) in relation to that scheme for the termination year, payment by the Minister to those persons of the termination year amount; or
if the Minister has made payments under section 52(1) in relation to that scheme for the termination year which, in the aggregate, fall short of the termination year amount, payment by the Minister to those persons of an amount equal to the shortfall.
Expressions used in this section and in section 52B have the same meaning in this section as they have in that section.
This section applies where, in relation to a B.R. or N.F.C. pension scheme (“the supplementation scheme”), the relevant pension obligations include obligations arising after the passing of this Act to pay or secure the payment of increases of pensions payable under any other pension scheme, being a scheme established by the Board or the Corporation (“the basic scheme”).
If the actuary to the basic scheme certifies that the assets of that scheme exceed its liabilities, then, in relation to the supplementation scheme, any obligation arising after the date of the actuary’s certificate to pay or secure the payment of any increases of pensions payable under the basic scheme or, if less, the relevant proportion of any such increases shall not be regarded as a relevant pension obligation for the purposes of any determination under section 55(1).
In subsection (2) “the relevant proportion”, in relation to any increases, means, subject to subsection (4), the proportion (if any) certified by the actuary to the basic scheme to be the proportion of those increases which, if payable under that scheme, could be funded by 75 per cent. of the amount by which the assets of that scheme exceed its liabilities.
Where any obligation arising after the date of a certificate under subsection (3) is an obligation to pay or secure the payment of a proportion only of any increases to which the certificate relates, then, in relation to that obligation, the relevant proportion for the purposes of subsection (2) shall be given by the formula— where A is the first mentioned proportion and B is the proportion certified by the actuary.
The Minister may direct the persons administering the basic scheme— but no direction shall be given under this subsection within the period of three years beginning with the giving by the actuary of such a certificate.
to arrange for the actuary to the scheme to certify whether or not the assets of the scheme exceed its liabilities; and
to send a copy of the actuary’s certificate to the Minister;
References in this section to the assets and liabilities of the basic scheme are references to the assets and liabilities of that scheme so far as it relates to the payment of pensions increases of which are or are likely to become payable under the supplementation scheme.
Any power to make an order under section 52B shall be exercisable by statutory instrument made by the Minister after consultation with the trustees of the guaranteed pension scheme to which the order relates.
A statutory instrument containing an order under section 52B shall be subject to annulment in pursuance of a resolution of either House of Parliament.
At the time when a statutory instrument containing an order under section 52B is laid before each House of Parliament pursuant to subsection (2), the Minister shall, if he has not already done so, also lay before each House of Parliament a copy of the guarantee mentioned in subsection (1)(c) of that section; but this subsection is without prejudice to the validity of the order in question.
Any power to make an order under section 52B includes power, exercisable in the same manner, to make such incidental, supplemental, consequential or transitional provision as may appear necessary or expedient to the Minister.
Any order under section 52B may make different provision for different cases or for different classes or descriptions of case.
It shall be the duty of any person to whom a direction is given under section 52A or 52C to comply with and give effect to that direction; and compliance with any such direction shall be enforceable by civil proceedings by the Minister for an injunction or interdict or for any other appropriate relief.
Any power to give a direction under section 52A or 52C includes power to vary or revoke the direction.
Any direction under section 52A or 52C shall be given in writing.
In this section—
Where the whole or any part of a person’s accrued pension rights under a B.R. or N.F.C. pension scheme are transferred to any other pension scheme, being a scheme established by the Board or the successor company or any subsidiary of either of those bodies, the Minister may direct that for the purposes of— it shall be assumed that the said rights had not been transferred and that the payment of any sum representing those rights had not been made.
any determination of the aggregate amount of the pensions, increases and expenses payable under or incurred in connection with the first-mentioned scheme; and
any determination under section 55(1) in relation to that scheme,
In consequence of the foregoing provisions of this Part— are hereby cancelled and those sections are hereby repealed.
the debts owed by the Board by virtue of sections 5 and 6 of the Railways Act 1974 (funding of the relevant pension obligations of the Board); and
the debts owed by the Corporation by virtue of sections 19 and 20 of the Transport Act 1978 (funding of the relevant pension obligations of the Corporation),
Any payments in respect of the principal of or interest on any such debt— shall be deemed to be payments made to those persons in advance under section 52(1), and any money which is deemed to be money so paid, and any investments representing any such money, shall be left out of account in making any determination under section 54(1).
which are made on or after 1st April 1980 and before the passing of this Act to the persons administering a scheme to which this subsection applies; and
in respect of which the Minister reimburses the Board or, as the case may be, the Corporation,
Subsection (2) applies to any B.R. or N.F.C. pension scheme other than one in the case of which the relevant pension obligations have been completely funded.
The Minister may discharge his liability to make any payment under section 52(1) to the persons administering a scheme to which subsection (2) applies by appropriating to that payment so much of any money which is deemed to be money paid to those persons in advance under section 52(1) as, with the appropriate interest thereon, is equal to the amount of that payment.
Any money which is deemed to be money paid in advance under section 52(1 ) shall carry interest for the period beginning with the date on which it was paid to the persons administering the scheme and ending with the date on which it is appropriated by the Minister at such rate as the Minister may with the consent of the Treasury determine.
The making of any payment under section 52(1) to the persons administering any B.R. or N.F.C. pension scheme shall not discharge any relevant pension obligation so far as it is an obligation to pay pensions or increases of pensions under the scheme or is an obligation to secure the payment of those pensions or increases.
If the persons administering any such scheme or any other pension scheme established by the Board or the Corporation have no power to amend the scheme apart from this subsection, they may amend it by instrument in writing for the purpose of— and the power of amending any such scheme apart from this subsection may for either purpose be exercised without regard to any limitations on the exercise of the power and without compliance with any procedural provisions applicable to its exercise.
enabling them to pay increases of any pensions payable under the scheme; or
bringing the scheme into conformity with any provision of this Part;
" the Corporation " means the National Freight Corporation ;
" first financial year ", in relation to a B.R. or N.F.C. pension scheme, means such period as— and is a period of not less than twelve months and less than two years, and " financial year ", in relation to any such scheme, means that period and each successive accounting year of the scheme ;
For the purposes of this Part—
the B.R. (1974) Pension Fund shall be taken to comprise the pension schemes specified or described in the Schedule to the Central Trust deed within the meaning of the British Railways (Central Trust) Order 1974; and
the N.F.C. (1 978) Pension Fund shall be taken to comprise the pension schemes specified or described in the Schedule to the Central Trust deed within the meaning of the National Freight Corporation (Central Trust) October 1978.
References in this Part to any pension scheme established by the Board include references to any scheme in relation to which the rights, liabilities and functions of the British Transport Commission were transferred to the Board by the British Transport Reorganisation (Pensions of Employees) (No. 3) Order 1962.
In relation to any time before the day appointed by the Minister for the purposes of Part II, references in this Part to the successor company shall be construed as references to the Corporation.
In subsection (8) of section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel), for the definition of “bus service” there shall be substituted— “ “bus service” means a stage carriage service within the meaning of Part I of the Transport Act 1980 which is available to the general public and is neither an excursion or tour within the meaning of that Part nor a service as regards which the condition specified in section 3(3)(a) of that Act (long journeys only) is satisfied; ”.
In section 32 of the Transport Act 1968 (new bus grants)—
in subsection (1), for the words “wholly or mainly as a stage carriage” there shall be substituted the words “ wholly or mainly in the operation of bus services ”; and
in subsection (2), after paragraph (c) there shall be inserted—.
There shall not, in any part of England and Wales outside the metropolitan police district and the City of London, be displayed on or above the roof of any vehicle which is used for carrying passengers for hire or reward but which is not a taxi—
any sign which consists of or includes the word “taxi” or “cab”, whether in the singular or plural, or “hire”, or any word of similar meaning or appearance to any of those words, whether alone or as part of another word; or
any sign, notice, mark, illumination or other feature which may suggest that the vehicle is a taxi.
Any person who knowingly— shall be liable on summary conviction to a fine not exceeding [level 3 on the standard scale].
drives a vehicle in respect of which subsection (1) is contravened; or
causes or permits that subsection to be contravened in respect of any vehicle,
In this section “taxi” means a vehicle licensed under section 37 of the Town Police Clauses Act 1847, section 6 of the Metropolitan Carriage Act 1869, section 10 of the Civic Government (Scotland) Act 1982 or any similar local enactment.
The provisions of section 2 of, and Schedule 1 to, the Transport charges &c. (Miscellaneous Provisions) Act 1954 (which relate to charges on independent tramways, trolley vehicles and railways of the nature of a tramway), including those provisions as extended or applied by or under any other Act (including a local or private Act), shall cease to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Freight Integration Council established under section 6 of the Transport Act 1968 is hereby abolished.
The provisions of Part V of the Transport Act 1968 relating to special authorisations for the use of large goods vehicles (which have not been brought into force) are hereby repealed, and accordingly—
in section 82(1)(b) of that Act, for "either of those sections " there shall be substituted " that section "; and
in section 91(1)(a) of that Act, for " sections 69 and 79 " there shall be substituted " section 69 ".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
There shall be paid out of money provided by Parliament—
any administrative expenses incurred by any government department in consequence of the provisions of this Act; and
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
The enactments mentioned in Schedule 9 (which include spent enactments) are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Transport Act 1980.
In this Act—
“the appointed day” has the meaning given by section 45(2);
a gratuity or lump sum so payable;
a return of contributions to the scheme, with or without interest thereon or any other addition thereto;
any sum payable under the scheme on or in respect of the death of any person; and
any sum payable under the scheme in respect of any person and representing the whole or any part of his accrued pension rights under the scheme; ”the relevent pension obligations” has the meaning given by section 53; ”subsidiary” has the same meaning as in theTransport Act 1962; ”the successor company” has the same meaning as in Part II.
“modification” includes addition, omission and alteration, and related expressions shall be construed accordingly;
The following provisions of this Act, namely— shall come into force on the passing of this Act.
Part II, except section 51(2) and Schedule 7 ;
Part III;
sections ... 68 and this section;
Part II of Schedule 9 (and section 69 so far as it relates to that Part),
The following provisions of this Act, namely— shall come into force on the appointed day within the meaning of Part II of this Act.
section 51(2) and Schedule 7 ; and
Part III of Schedule 9 (and section 69 so far as it relates to that Part),
Subject to subsections (3) and (4), this Act shall come into force on such day as the Minister may by order made by statutory instrument appoint, and different days may be appointed under this subsection for different purposes.
An order under subsection (5) may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Minister necessary or expedient in connection with the provisions thereby brought (wholly or partly) into force.
The following provisions of this Act do not extend to Northern Ireland, namely,—
Part I (which includes Schedules 1 to 5);
section 61 to 65 ...; and
Parts I and IV of Schedule 9 (and section 69 so far as it relates to those Parts).