Local Transport Act 2008
Section 3 of the PPVA 1981 (traffic areas) is amended as follows.
After subsection (2) (orders varying traffic areas) insert—.
Section 4 of the PPVA 1981 (traffic commissioners) is amended as follows.
For subsections (1) and (2) (commissioner to be appointed for each traffic area etc) substitute—.
In subsection (3) (function of issuing licences) for “The traffic commissioner for each traffic area” substitute “ A traffic commissioner ”.
After subsection (3) insert—.
In subsection (4) (terms of office) in the opening words, for “the traffic commissioner for a traffic area” substitute “ a traffic commissioner ”.
In subsection (5) (declaration of certain financial interests before appointment) for “the traffic commissioner for a traffic area” substitute “ a traffic commissioner ”.
“the Scottish traffic commissioner” is to be read in accordance with section 4(1)(b) (the traffic commissioner for the Scottish Traffic Area);
After section 4 of the PPVA 1981 (traffic commissioners) insert—.
In each of the following provisions (which provide for traffic commissioners to act under general directions of the Secretary of State)— for “the general directions of the Secretary of State” substitute “ the general directions of, and shall have regard to any guidance given by, the senior traffic commissioner ”.
section 4(4)(a) of the PPVA 1981,
section 1(2) of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23),
In Schedule 2 to the PPVA 1981 (traffic commissioners) in paragraph 8, at the beginning insert “ (1) ” and at the end insert—.
The person who, on the date on which section 4A(1) of the PPVA 1981 comes into force, is the person designated by the Secretary of State as senior traffic commissioner—
is to become, on that date, the first holder of the office of senior traffic commissioner, and
is to remain in that office until the expiry of the term for which that person was so designated (but subject to section 4A(3)(b) of, and Schedule 2 to, the PPVA 1981).
Schedule 2 to the PPVA 1981 (traffic commissioners) is amended as follows.
In paragraph 1 (removal of traffic commissioner for inability or misbehaviour) for “for inability or misbehaviour” substituteon the grounds that the traffic commissioner— .
The amendment made by subsection (2) has effect in relation to traffic commissioners appointed before, as well as traffic commissioners appointed on or after, the day on which that amendment comes into force.
After paragraph 2 insert—.
In consequence of the amendments made by this section, at the end of the italic heading preceding paragraph 3 there is inserted “ in Scotland ”.
After that heading, insert—.
After paragraph 5 insert—.
In consequence of the amendment made by subsection (7), in paragraph 6(1) (appointment of acting traffic commissioner during vacancy) after “for any traffic area” insert “ in Scotland ”.
In paragraph 9 (principal civil service pension scheme) for “traffic commissioner for each of the traffic areas” substitute “ traffic commissioner for England and Wales or for the Scottish Traffic Area ”.
Any existing traffic commissioner for a traffic area in England and Wales—
on the relevant commencement, becomes instead a traffic commissioner for England and Wales with all the powers and duties of such a commissioner,
holds that office on the terms and conditions that applied to the commissioner immediately before the relevant commencement,
is subject to paragraph 1 of Schedule 2 to the PPVA 1981 (grounds for dismissal), as amended by section 4, as from the coming into force of that amendment.
Any appointment of a person as a deputy traffic commissioner for a traffic area in England and Wales before the relevant commencement—
continues in force notwithstanding the substitution of subsections (1) and (2) of section 4 of the PPVA 1981 effected by section 2,
has effect as from the relevant commencement as an appointment under paragraph 2A of Schedule 2 to that Act as a deputy traffic commissioner for England and Wales with all the powers and duties of such a commissioner,
as from the relevant commencement is held on the terms and conditions that applied to the deputy traffic commissioner immediately before the relevant commencement.
Any appointment of a person as an acting traffic commissioner for a traffic area in England and Wales before the relevant commencement—
continues in force notwithstanding the substitution of subsections (1) and (2) of section 4 of the PPVA 1981 effected by section 2,
has effect as from the relevant commencement as an appointment under paragraph 5A of Schedule 2 to that Act to act as a traffic commissioner for England and Wales with all the powers and duties of such a commissioner,
as from the relevant commencement is held on the terms and conditions that applied to the acting traffic commissioner immediately before the relevant commencement.
Any existing traffic commissioner for the Scottish Traffic Area—
on the relevant commencement, becomes instead the Scottish traffic commissioner with all the powers and duties of that commissioner,
holds that office on the terms and conditions that applied to the traffic commissioner immediately before the relevant commencement, and
is subject to paragraph 1 of Schedule 2 to the PPVA 1981 (grounds for dismissal), as amended by section 4, as from the coming into force of that amendment.
In this section—
“acting traffic commissioner” means a person appointed under paragraph 6 of Schedule 2 to the PPVA 1981 to act as a traffic commissioner for a traffic area;
includes a Minister of the Crown or a government department;
Paragraph 16 is amended as follows. In sub-paragraph (1)— Sub-paragraph (1) above is subject to paragraph 18(1A) and (1B) below. Omit sub-paragraphs (2) to (4). In sub-paragraph (6) for “(1) to (5)” substitute “(1) and (5)”. Omit sub-paragraph (7).
In paragraph 17, omit sub-paragraphs (1), (2) and (6).
“transport strategy” has the meaning given by section 102I(11);
does not include a local authority as defined by section 102J.
“overseas registration information” means information derived from particulars contained in a register of vehicles that is maintained by an overseas registration authority;
in relation to an existing traffic commissioner, the coming into force of the substitution of subsections (1) and (2) of section 4 of the PPVA 1981 effected by section 2;
For the italic heading preceding paragraph 1 substitute—Part 1.
“combined county authority” means a body established as a combined county authority under section 9(1) of the Levelling-up and Regeneration Act 2023;
is contained in an instrument made under an Act and comes into force on or after the commencement of section 21 of that 2016 Act;
Paragraph 1 (functions to which Schedule 10 applies) is amended as follows. In sub-paragraph (1) after “The functions to which” insert “this Part of”. In sub-paragraph (2)—
in relation to an acting traffic commissioner for a traffic area in England and Wales, the coming into force of paragraph 5A of Schedule 2 to the PPVA 1981 (which is inserted by section 4).
The Race Relations Act 1976 is amended as follows. In Schedule 1A (bodies and other persons subject to general statutory duty), in paragraph 38, after “A Passenger Transport Executive for” insert “an integrated transport area or”.
Paragraph 2 (competition test) is amended as follows. In sub-paragraph (1)— In sub-paragraph (3)(b) omit “substantial”.
Omit paragraphs 3 and 4.
In paragraph 5 (investigation by OFT)—
for “the OFT” substitute “the Office of Fair Trading (in this Schedule referred to as “the OFT”);
after “a function to which” insert “this Part of”.
In paragraph 10 (decisions) omit paragraph (a).
Omit paragraph 11.
In paragraph 12(1) (enforcement of decision) after “a function to which” insert “this Part of”.
In paragraph 13(1) (restriction on disclosure of information) after “its functions under” insert “this Part of”.
In paragraph 14 (offence of disclosing information) after “its functions under” (in both places) insert “this Part of”.
After paragraph 14 insert—.
In paragraph 15 (defamation)—
after “or notice given” insert “, and to any advice or information given,”;
after “its functions under” insert “this Part of”.
Paragraph 16 (fees) is amended as follows. In sub-paragraph (1) after “its functions under” insert “this Part of”. Omit sub-paragraph (3).
In section 167(2)(b) after “a local traffic authority” insert “, an Integrated Transport Authority”.
Section 170 is amended as follows. In subsection (5) after “joint local-London charging scheme” insert “or joint ITA-London charging scheme”. In subsection (7)(a) after “local traffic authority” insert “or Integrated Transport Authority”.
“eligible local traffic authority” has the meaning given by section 163(4A), “joint local-ITA charging scheme” shall be construed in accordance with section 163(3)(bb), “joint ITA-London charging scheme” shall be construed in accordance with section 163(3)(cc),
“ pre-commencement power ” means power conferred by a statutory provision that—
is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or
is contained in an instrument made under an Act and comes into force before the commencement of section 11 of that Act;
The Secretary of State may by order make such provision as the Secretary of State may consider necessary or expedient for the purposes of, or in consequence of, or for giving full effect to, any amendment made by sections 2 to 5.
The power conferred by subsection (1) includes—
power to make different provision for different cases or for different areas, and
power to make incidental, consequential, supplemental, or transitional provision, and savings.
The powers conferred by subsections (1) and (2) include power to amend or modify any provision of this Act or any other enactment (whenever passed or made) for the purpose of making any such provision, or any such saving, as is mentioned in either of those subsections.
The only provision that may be made by an order under this section in relation to Scotland is provision relating to reserved matters within the meaning of the Scotland Act 1998 (c. 46).
The power to make an order under this section is exercisable by statutory instrument.
A statutory instrument containing an order under this section may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
The TA 2000 is amended as follows.
In section 108 (local transport plans) after subsection (4) insert—.
In section 162(1) (interpretation of Part 2) insert the following definition at the appropriate place—.
In section 198(1) (interpretation of Part 3) insert the following definition at the appropriate place—.
Schedule 1 to this Act (which substitutes references to local transport policies for certain references to local transport plans or bus strategies and makes other related amendments) has effect.
Section 108 of the TA 2000 (local transport plans) is amended as follows.
In subsection (1)(a), omit “facilities and services”.
In subsection (2)—
for the words from the beginning to “are” substitute “ In subsection (1), “transport” means ”,
for “those”, in both places, substitute “ the transport ”,
for “include” substitute “ includes ”.
After subsection (2) insert—.
For subsection (3) of section 108 of the TA 2000 (duty to prepare local transport plan) substitute—.
Section 109 of that Act (further provision about plans: England) is amended as follows.
For subsection (2) substitute—.
After subsection (2) insert—.
Omit subsections (5) and (6).
The TA 2000 is amended as follows.
Omit sections 110 and 111 (bus strategies).
Section 112 (plans and strategies: supplementary) is amended as follows.
In subsection (1)—
for “sections 108 to 111” substitute “ sections 108 to 109B ”;
omit “(and bus strategies)” and (in each place) “(and strategies)”.
In subsection (2) omit “and their bus strategy”.
In each of sections 113A(1) and 113B(1) (plans and strategies: Wales) for “sections 108 to 111” substitute “ sections 108 to 109B ”.
“bus services” means services using public service vehicles,
In section 9A of the TA 1968 (general functions of Passenger Transport Areas and Executives), in subsection (7), omit the words from “and to the bus strategy” to the end.
The TA 1985 is amended as follows.
In section 63 (functions of local councils with respect to passenger transport)—
in subsection (8), omit “and to the appropriate bus strategy”;
omit subsection (8A).
In section 89 (obligation to invite tenders for subsidised services) omit subsections (7)(b) and (8).
Section 112 of the TA 2000 (plans and strategies: supplementary) is amended as follows.
In subsection (2) (duty to have regard to needs of certain persons in developing transport policies)—
after “developing” insert “ and implementing ”;
after “needs of” insert “ disabled persons (within the meaning of the Disability Discrimination Act 1995) and of ”.
Section 113 of the TA 2000 (role of metropolitan district councils) is amended as follows.
Omit subsection (1).
For subsection (2) substitute—.
Omit subsection (3).
In section 162 of that Act (interpretation for the purposes of Part 2) omit subsection (6).
In section 198(2) of that Act (interpretation of certain references to authority's local transport plan)—
for “local transport plan” (in the first place) substitute “ local transport policies ”;
for “the local transport plan made jointly by” substitute “ the local transport policies of ”;
omit the words from “and the councils” to the end.
Section 114 of the TA 2000 (quality partnership schemes) is amended as follows.
In subsection (1), for the words from “will to any extent” to the end (which make it a condition that a scheme implement the policies in the authority's bus strategy) substitute “ will contribute to the implementation of their local transport policies ”.
For subsection (3)(a) (authority must be satisfied that scheme will improve quality of local services) substitute—.
After subsection (3) insert—.
For subsection (6) substitute—.
After subsection (6) insert—.
After subsection (6B) insert—.
Section 115 of the TA 2000 (notice and consultation requirements) is amended as follows.
In subsection (2) (contents of notice etc) after “details of the facilities and standards of services” insert “ , and of any registration restrictions and registration criteria, ”.
In subsection (4) (meaning of “relevant local authorities” for purposes of consultation) for paragraph (b) substitute—.
Section 116 of the TA 2000 (making of scheme) is amended as follows.
In subsection (2) (contents of scheme) after “The scheme must specify” insert “ each of the following ”.
After paragraph (b) of that subsection (standards of service) insert—.
After paragraph (d) of that subsection (duration of scheme) insert—.
For subsections (4) and (5) (earliest date on which scheme may come into operation) substitute—.
In section 162(4) of that Act (interpretation of references to authorities) for the entry relating to section 116 substitute— “ section 116(2)(a), (4)(a), (4A)(a) and, in the second place, (4C), ”.
In section 117 of the TA 2000 (postponement, for up to 12 months, of date on which scheme comes into operation) for subsection (1) substitute—.
In consequence of the amendment made by subsection (1), the heading to the section becomes “ Postponement of scheme or of provision of particular facilities or standards of service ”.
Section 118 of the TA 2000 (effect of scheme) is amended as follows.
For subsection (1) (facilities to be provided from date on which scheme comes into operation) substitute—.
In subsection (4)(a) (operator of local services to give written undertaking to traffic commissioner) for the words from “that he will” to “when using the facilities” substitute “ that, when using the facilities on any date, he will provide the service to the standard specified in the scheme as it has effect in relation to that date ”.
Section 122 of the TA 2000 (regulations about schemes) is amended as follows.
In subsection (1) after paragraph (a) insert—.
After subsection (2) insert—.
Section 124 of the TA 2000 (bus services: quality contracts schemes) is amended as follows.
In subsection (1) (power of local transport authorities etc to make quality contracts schemes if satisfied it is the only way to implement policies in their bus strategies and it is economic etc) for paragraphs (a) and (b) substitute—.
For subsection (2) (need to comply with notice and consultation requirements and obtain approval of appropriate national authority) substitute—.
In subsection (3)(b) (under quality contracts scheme local services to be provided only under quality contracts) after “section 127(4)” insert “ and section 132C ”.
After subsection (9) insert—.
After subsection (9A) insert—.
Section 125 of the TA 2000 (notice and consultation requirements) is amended as follows.
In subsection (1) for the words from “they must give notice” to the end (which require the authority to give notice of the proposed scheme in a local newspaper) substitutethey must— .
After subsection (1) insert—.
In subsection (2) (contents of notice)—
at the end of paragraph (a) insert “ and ”;
in paragraph (b) after “a copy of the scheme” insert “ and the consultation document ”;
omit paragraph (c) and the word “and” preceding it.
In subsection (3) (consultees) at the beginning of paragraph (e) (traffic commissioners for the area of the scheme) insert “ if the proposed scheme relates to an area in Wales, ”.
Section 126 of the TA 2000 (approval of proposed scheme) is amended as follows.
Before subsection (1) insert—.
In subsection (1) (which refers to compliance with section 125) after “complied with” insert “ the requirements of ”.
In subsection (3) (right of person consulted under section 125(3) to make representations) for “consulted” substitute “ who was consulted, or who is aggrieved at not being consulted, ”.
In subsection (4)(a)—
for “paragraphs (a) and (b)” substitute “ paragraphs (a) to (e) ”, and
omit “or (as the case may be) paragraphs (a) to (d) of section 124(1A)”.
The heading to the section accordingly becomes “ Approval of proposed schemes for areas in Wales ”.
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After section 126 of the TA 2000 (approval of proposed scheme) insert—.
“QCS board” is to be read in accordance with section 126A(1),
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Section 127 of the TA 2000 (making of scheme) is amended as follows.
For subsection (1) (making of scheme to be not later than 6 months after approval by appropriate national authority) substitute—.
In subsection (2) (what the scheme must specify) for paragraph (b) (date on which scheme comes into operation etc) substitute—.
In subsection (2), in paragraph (c) (maximum period for which scheme to remain in operation) after “ten years” insert “ from the earliest date on which the scheme or any of its provisions comes into operation. ”.
After subsection (2) insert—.
After subsection (3) insert—.
In subsection (9) (contents of notice under subsection (8)) for paragraph (c) (date on which scheme comes into operation) substitute—.
For subsection (10) (power by order to vary the period mentioned in subsection (2)(b)) substitute—.
In section 162(4) of the TA 2000 (provisions where references to Passenger Transport Authorities or Integrated Transport Authorities are to be read as references to Passenger Transport Executives) insert at the appropriate place in the list of provisions— “ section 127(3A), ”.
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After section 127 of the TA 2000 insert—.
section 127A(7),
In section 128 of the TA 2000 (postponement of scheme) in subsection (1)—
after “the scheme”, in the second place where those words occur, insert “ , or any particular provision of the scheme, ”;
after “would otherwise come into operation” insert “ , or come into operation for any particular purpose or purposes, ”.
Section 129 of the TA 2000 (effect of scheme) is amended as follows.
In subsection (1) (consequences for period during which scheme is in operation)—
after “the scheme” insert “ , or (in the case of a scheme which provides for different provisions to come into operation on different dates) any provision of the scheme, ”;
in paragraph (a), for “the area to which it relates” substitute “ the area to which the scheme, or that provision, relates ”;
in paragraph (b), after “under a quality contract” insert “ or is an interim service (see section 132C) ”.
In subsection (2) (exception for services excluded from the scheme by virtue of section 127(4)) after “But subsection (1) does not apply” insert— .
Subsection (4) (tenders to be invited not later than 3 months after the scheme has been made) shall cease to have effect.
Section 130 of the TA 2000 (tendering for quality contracts) is amended as follows.
In subsection (1) (authority to tender for provision of services) after “services to which the scheme” insert “ , or each provision of the scheme, ”.
In subsection (2) (period of contract not to exceed five years) for “five” substitute “ 10 ”.
After section 131 of the TA 2000 insert—.
After section 131A of the TA 2000 insert—.
In section 162 of that Act (interpretation of Part 2) insert the following definition at the appropriate place in subsection (1)—.
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After section 131C of the TA 2000 insert—.
After section 131D of the TA 2000 insert—.
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Section 132 of the TA 2000 (variation or revocation of scheme) is amended as follows.
In subsection (2) (which refers to the conditions in certain provisions of section 124) for “subsection (1)(a) and (b)” substitute “ subsection (1)(a) to (e) ”.
In subsection (4) (grounds for revocation) for “or” at the end of paragraph (a) substitute—.
In subsection (4A) (which defines the “relevant conditions” according to whether the scheme has been varied or not)—
in paragraph (a), before “varied” insert “ continued in operation under section 131A or ”,
also in paragraph (a), for “124(1)(a) and (b)” substitute “ 124(1)(a) to (e) ”,
in paragraph (b), before “varied” insert “ continued in operation under section 131A or ”,
in paragraph (c), before “varied”, in the first place where it occurs, insert “ continued in operation under section 131A or ”,
also in paragraph (c), before “varied”, in the second place where it occurs, insert “ continued in operation or ”.
For subsection (5) (procedure for varying or revoking a scheme etc) substitute—.
In consequence of the amendments made by subsection (5), renumber subsection (6) (regulations about revoking schemes before they come into operation) as subsection (12).
After section 132 of the TA 2000 insert—.
After section 132A of the TA 2000 insert—.
After section 132B of the TA 2000 insert—.
section 132C, section 132D,
In section 66(1) of the TA 1985 (exclusion of powers of certain councils to run bus undertakings) after “subsection (2) below” insert “ and to section 132C of the Transport Act 2000 ”.
Section 133 of the TA 2000 (regulations about schemes) is amended as follows.
In subsection (1)(a) (regulations with respect to making, varying or revoking schemes) after “making” insert “ continuing, ”.
In subsection (1)(b) (approvals of schemes) after “schemes” insert “ for areas in Wales ”.
After subsection (1)(b) insert—.
In subsection (2) (particular matters for which regulations may provide)—
in paragraph (a) (proposed variations or revocation of schemes) before “variations” insert “ continuations, ”;
in paragraph (e) (applications for approval of proposals) after “proposals” insert “ for areas in Wales ”;
after paragraph (e) (form and manner of applications for approval) insert—;
in paragraph (f) (form of schemes or variations) after “schemes” insert “ , continuations ”;
in paragraph (g) (notice of schemes or of their variation or revocation) before “variation” insert “ continuation, ”.
After subsection (2) insert—.
Section 134 of the TA 2000 (transitional provision about schemes) is amended as follows.
In subsection (1)(a) (transitional provision about the coming into operation of quality contracts schemes) after “quality contracts schemes” insert “ or of provisions of such schemes ”.
In subsection (1)(b) (transitional provision in connection with variation of schemes) before “variation” insert “ continuation in operation or ”.
In subsection (2) (application or disapplication, with or without modifications, of sections 6 to 9 of the TA 1985) in paragraph (a), after “(registration of local services)” insert “ , or of sections 89 to 92 of that Act (obligation to invite tenders etc), ”.
At the end of the section insert—.
After section 134 of the TA 2000 insert—.
After section 134A of the TA 2000 insert—.
In section 26(1) of the TA 1985 (conditions attached to PSV operator's licence) after paragraph (b) insert—.
In section 155(1) of the TA 2000 (penalties) for “or” at the end of paragraph (b) substitute—.
Section 1 of the Road Traffic Regulation Act 1984 (c. 27) (traffic regulation orders outside Greater London) is amended as follows.
In subsection (3A) (orders may be made by local traffic authority for the purposes of quality partnership schemes) for “facilities pursuant to a quality partnership scheme under Part II of the Transport Act 2000” substitute “ relevant bus scheme facilities ”.
After subsection (3A) insert—.
For section 153 of the TA 2000 (competition test for exercise of bus functions (see Schedule 10 to that Act)) substitute—.
In section 162 of that Act (interpretation of Part 2) after subsection (4) insert—.
Schedule 10 to the TA 2000 (competition test for exercise of bus functions) is amended in accordance with Schedule 2.
In the PPVA 1981, after section 12 (PSV operators' licences) insert—.
After Schedule 2 to that Act insert, as Schedule 2A, the Schedule set out in Schedule 3 to this Act.
Section 6 of the TA 1985 (registration of local services) is amended as follows.
After subsection (2) (conditions for providing service) insert—.
After section 6 of the TA 1985 insert—.
Section 6 of the TA 1985 (registration of local services) is amended as follows.
After subsection (2A) (which is inserted by section 48) insert—.
After subsection (7) (variation or revocation of registration) insert—.
In subsection (8) (time when variation etc becomes effective) after “Subject to regulations under this section” insert “ and, in the case of variation, to section 6B of this Act, ”.
After section 6A of the TA 1985 (which is inserted by section 48) insert—.
Section 7 of the TA 1985 (application of traffic regulation conditions to local services subject to registration under section 6 of that Act) is amended as follows.
In subsection (1) (traffic authority requesting traffic commissioner to exercise powers in relation to a particular traffic problem) after “particular traffic problem” insert “ which has arisen or which the authority reasonably foresees is likely to arise ”.
In subsection (4) (traffic commissioner to be satisfied that the conditions are required for certain purposes) for “are required” substitute “ are, or are likely to be, required ”.
Section 9 of the TA 1985 (appeals against traffic regulation conditions) is amended as follows.
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Omit subsections (3) and (4).
For subsection (5) (further appeal) substitute—.
In subsection (6)—
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for “him” (in both places) substitute “ the tribunal ”.
Omit subsections (7) to (9).
Section 126(1) of the TA 1985 (application of section 52 of the PPVA 1981, which relates to fees, to registration of local services etc) is amended as follows.
In paragraph (a) after “for the variation” insert “ or cancellation ”.
After paragraph (a) insert—.
Section 12 of the TA 1985 (use of taxis in providing local services) is amended as follows.
In subsection (1) (application by holder of taxi licence for special licence to provide local service by means of licensed taxis)—
after “a taxi licence” insert “ or a private hire vehicle licence ”;
in paragraph (b) after “licensed taxis” insert “ or licensed hire cars ”.
In subsection (5)—
after “a taxi licence” insert “ or a private hire vehicle licence ”;
for “the taxi licence of the vehicle in question” substitute “ the relevant licence for that vehicle ”.
In subsection (7) for “taxi licences” substitute “ relevant licences ”.
In subsection (8) after “a licensed taxi” insert “ or a licensed hire car ”.
In subsection (9) after “a licensed taxi” insert “ or a licensed hire car ”.
In subsection (10) for the words from “Such provisions” to “being so used;” substitute “ At any time when a licensed taxi or a licensed hire car is being so used the prescribed provisions of the taxi code or, as the case may be, the hire car code shall apply in relation to it; ”.
After subsection (10) insert—.
In consequence of the amendments made by this section, in the heading to section 12 after “taxis” there is inserted “ or hire cars ”.
Section 13 of the TA 1985 (provisions supplementary to sections 10 to 12) is amended as follows.
In subsection (1) (power to modify codes for purposes of sections 10 to 12)—
for “The Secretary of State” substitute “ The appropriate authority ”;
for “he” substitute “ it ”.
Subsection (3) (interpretation of terms used in sections 10 to 12) is amended as follows.
“the appropriate authority” means—
“licensed hire car” means—
“relevant licence” means— “private hire vehicle licence” means—
In the definition of “hire car code”, after “used as mentioned in section 11” insert “ or 12 ”.
After section 13 of the TA 1985 insert—.
Section 36 of the Disability Discrimination Act 1995 (c. 50) (carrying of passengers in wheelchairs) is amended as follows.
In subsection (1)(b) for “taxi” substitute “ vehicle ”.
After subsection (1) insert—.
In each of subsections (2), (3) and (4) for “taxi” (wherever occurring) substitute “ vehicle ”.
In subsection (5) after “a regulated taxi” insert “ or designated vehicle ”.
In subsection (6)—
after “at the time of the alleged offence” insert—;
after “it was required to conform,” insert—;
for the word “taxi” (in the last place where it appears) substitute “ vehicle ”.
After subsection (9) insert—.
After subsection (11) insert—.
The Disability Discrimination Act 1995 (c. 50) is amended as follows.
After section 36 insert—.
Section 38 (appeal against refusal of exemption certificate) is amended as follows.
In subsection (1) after “a magistrates' court” insert “ or, in Scotland, the sheriff court ”.
In subsection (2) for “this section” substitute “ subsection (1) ”.
At the end of the section insert—.
In consequence of the amendments made by subsections (4) to (6), the heading to section 38 becomes “ Appeals ”.
In section 68(1) (interpretation), in the definition of “licensing authority”, for “section 37A” substitute “ sections 36, 36A, 37A and 38 ”.
In section 70 (commencement etc) after subsection (2) insert—.
Section 19 of the TA 1985 (permits in relation to the use of buses by educational and other bodies) is amended as follows.
In subsection (1) (definitions for sections 19 to 21) in the definition of “permit” for “a bus” substitute “ a public service vehicle ”.
In subsection (2) (requirements that must be met for use of a bus under a permit to be exempt from operator licensing)—
for “a bus” substitute “ a public service vehicle ”;
for “section 18(a)” substitute “ section 18(1)(a) ”;
for “the bus” substitute “ the vehicle ”.
In subsection (3) (grant by designated body of permits relating to use of a small bus) for “a small bus” substitute “ a public service vehicle other than a large bus ”.
In subsection (4) (grant by traffic commissioner of permits relating to use of a small bus) for “a small bus” substitute “ a public service vehicle other than a large bus ”.
In subsection (7) (grant of permits by bodies designated by the Secretary of State) in paragraph (c)—
after “may require the body to make returns” insert “ and keep records ”, and
after “with regard to the permits granted” insert “ , varied or revoked ”.
In subsection (9) (only one bus to be used at one time under same permit) for “bus” substitute “ vehicle ”.
In consequence of the amendments made by this section, the heading to section 19 becomes “ Permits in relation to use of public service vehicles by educational and other bodies ”.
Section 20 of the TA 1985 (further provision with respect to permits under section 19) is amended as follows.
In subsection (4)(a) (attachment of conditions) for “bus” substitute “ vehicle ”.
In subsection (5)(b) (variation or revocation of permit) for “bus” substitute “ vehicle ”.
Section 21 of the TA 1985 (regulations with respect to permits under section 19) is amended as follows.
In subsection (1)—
in paragraph (a), for “a bus” substitute “ a public service vehicle ”;
in paragraph (d), for “any bus” substitute “ any vehicle ”.
At the end of the section insert—.
Section 22 of the TA 1985 (community bus permits) is amended as follows.
In subsection (1), in paragraph (c) of the definition of “community bus service” (service must be provided by means of vehicle adapted to carry more than 8 but not more than 16 passengers) omit the words “but not more than sixteen”.
Section 23 of the TA 1985 (further provisions with respect to community bus permits) is amended as follows.
In subsection (2) (requirements) omit paragraph (a) (no payment for driver except expenses and loss of earnings).
At the end of the section insert—.
After section 23 of the TA 1985 (further provision with respect to community bus permits) insert—.
The Secretary of State may by regulations provide that any permit granted under section 19 or 22 of the TA 1985 before the section 23A start date is revoked as from such later date (the “revocation date”) as may be specified in the regulations.
The revocation date in the case of any permit must be no more than 5 years after the section 23A start date.
In this section, “the section 23A start date” means the date mentioned in section 23A(1) of the TA 1985 (power to limit permits granted under section 19 or 22 on or after specified date to 5 years).
Sections 134 and 135 of the TA 1985 (which, among other things, apply sections 60 and 61 of the PPVA 1981 in relation to certain regulations under the TA 1985) shall have effect as if—
subsections (2) to (4) above were contained in Part 1 of the 1985 Act, and
the matters specified in section 134(3) of the TA 1985 included the revocation of permits granted under section 19 or 22 of that Act.
Nothing in subsection (2), or in any regulations made under or by virtue of this section, prevents the grant of subsequent permits under section 19 or 22 of the TA 1985 to any person.
Any power to make regulations under or by virtue of this section includes power—
to make different provision for different cases or for permits of different descriptions, and
to make incidental, consequential, supplemental or transitional provision or savings.
In section 126 of the TA 1985 (application of sections 52 and 56 of the PPVA 1981) subsection (3) (section 56: records) is amended as follows.
In the opening words, after “shall apply in relation to” insert “ each of the following ”.
For the word “and” at the end of paragraph (b) substitute the following paragraphs—.
Section 26 of the TA 1985 (conditions attached to PSV operator's licence) is amended as follows.
In subsection (1) (which sets out the cases in which the power is exercisable and the power)—
for “Where” substitute “ Subsection (1A) below applies in any case where ”;
for the words from “he may” to the end of subsection (1) substitute the subsections set out in subsection (3).
The subsections are—.
In subsection (2)—
after “attach” insert “ (or direct another commissioner to attach) ”;
for “subsection (1)” substitute “ subsection (1A) ”;
for “that subsection” substitute “ subsection (1) above ”.
After subsection (2) insert—.
In subsection (3), for “subsection (1)” substitute “ subsection (1A) ”.
In subsection (5) (power to impose conditions in certain cases relating to the use of vehicles)—
for “Where” substitute “ Subsection (5A) below applies in any case where ”;
for the words from “he may” to the end of subsection (5) substitute the subsections set out in subsection (8).
The subsections are—.
In subsection (6)—
for “subsection (5)” substitute “ subsection (5A) ”;
in paragraph (a) after “the commissioner” insert “ who attached that condition ”.
At the end of the section insert—.
After section 27 of the TA 1985 (supplementary provisions with respect to conditions attached to a PSV operator's licence under section 26) insert—.
In section 155 of the TA 2000 (penalties) at the end insert—.
Section 155 of the TA 2000 (penalties) is amended as follows.
In subsection (1) (power to impose penalty for various failures) for “impose a penalty on the operator” substitute “ make one or more orders under subsection (1A) ”.
After subsection (1) insert—.
Omit subsection (2).
In subsection (3) for “That amount is” substitute “ The amount mentioned in subsections (1A)(a) and (b) and (1C) is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed ”.
Omit subsection (4).
In subsection (5) for “imposing the penalty” substitute “ making an order under subsection (1A) ”.
In subsection (6) for “the imposition of the penalty” substitute “ the making of the order ”.
After subsection (6) insert—.
For subsection (7) substitute—.
In consequence of the amendments made by this section, the heading to section 155 becomes “ Sanctions ”.
Section 160 of the TA 2000 (Part 2: regulations and orders) is amended as follows.
In subsection (2) before the words “shall be subject to annulment” insert “ , other than an order under section 155(1A)(d), ”.
After subsection (2) insert—.
In section 155(1) of the TA 2000 (penalties) after paragraph (a) insert—.
Section 6 of the TA 1985 (registration of local services) is amended as follows.
In subsection (9) (regulations) after paragraph (k) insert—.
After subsection (9) insert—.
Section 10 of the TA 1968 (powers of Passenger Transport Executives) is amended as follows.
For subsection (1)(viii) (power to let passenger vehicles on hire) substitute—.
After subsection (2) insert—.
Any order made under section 60(5) of the TA 1985 shall cease to have effect to the extent that it provides that a PTE shall cease to have the power under section 10(1)(viii) of the TA 1968.
In section 60 of the TA 1985 (exclusion of public sector co-operation requirements and bus operating powers), omit subsections (2) to (4), (7) and (8).
The following provisions of the TA 1968 shall cease to have effect—
section 10(1)(i) (power of PTE to carry passengers by road);
section 24 (establishment and general duties of Bus Company and Scottish Group).
Section 9A of the TA 1968 (general functions of Passenger Transport Authorities and Executives) is amended as follows.
In subsection (4)(a) (power to enter into agreements providing for service subsidies) after “would not be provided” insert “ , or would not be provided to a particular standard, ”.
After subsection (4) insert—.
Section 63 of the TA 1985 (functions of local councils with respect to passenger transport in areas other than passenger transport areas) is amended as follows.
In subsection (5) (power to enter into agreements providing for service subsidies) at the beginning of paragraph (a) insertin England and Wales, shall be exercisable only where the service in question would not be provided, or would not be provided to a particular standard, without subsidy; .
After subsection (5) insert—.
Section 7 of the Transport (Wales) Act 2006 (c. 5) (provision of public passenger transport services) is amended as follows.
In subsection (4) (circumstances in which agreements providing for service subsidies may be entered into) after “would not be provided” insert “ , or would not be provided to a particular standard, ”.
After subsection (4) insert—.
In section 90(1) of the TA 1985 (maximum period to be specified in invitation to tender for agreement providing for service subsidies) for “five years” substitute “ 8 years ”.
Part 4 of the TA 1985 (which makes provision for the establishment of public transport companies and for the powers of Passenger Transport Authorities etc in relation to them) is amended as follows.
In section 74 (disabilities of directors of public transport companies), omit subsections (3) to (12).
Each of the following (which require the consent of the Secretary of State for the exercise of certain powers) is omitted—
section 75(3) (subscription for, or acquisition or disposal of, certain shares, securities or other property or assets etc);
section 79(3) (making or guaranteeing of certain loans);
section 79(7) (guarantees etc in connection with disposals of certain shares, securities or other property or assets etc);
in section 79(8) (provision of financial assistance by way of grants, loans, etc) the words “, with the consent of the Secretary of State,”.
Schedule 5 to the TA 1985 (the Disabled Persons Transport Advisory Committee) is amended as follows.
In paragraph 2—
at the beginning insert “ (1) ”;
after “to pay to their members” insert “ such remuneration, and ”.
At the end of paragraph 2 insert—.
After section 125 of the TA 1985 (the Disabled Persons Transport Advisory Committee) insert—.
In section 135 of the TA 1985 (procedure for making regulations, rules and orders), in subsection (4), after “85” insert “ , 125A, 125B, 125C ”.
In Part 3 of the Railways Act 2005 (c. 14), after section 19 insert—.
The appropriate national authority may make regulations requiring prescribed persons, or persons of a prescribed description, to display, in such place or places and in such manner as may be prescribed, information falling within subsection (2).
The information referred to in subsection (1) is prescribed information, or information of a prescribed description, relating to persons or bodies with functions relating to public passenger transport services.
Regulations under this section may provide that a traffic commissioner may impose a financial penalty on any operator of a public service vehicle who, without reasonable excuse, fails to comply with a requirement imposed on the operator by regulations under this section.
Regulations made by virtue of subsection (3) may—
specify the maximum penalty that may be imposed by virtue of that subsection;
require a traffic commissioner who has imposed a penalty by virtue of that subsection to give notice in writing to such persons as may be prescribed.
A penalty imposed by virtue of subsection (3) is—
payable to the appropriate national authority that made the regulations, and
recoverable as a civil debt.
An operator on whom a penalty is imposed by virtue of subsection (3) may appeal to the Upper Tribunal against the imposition of the penalty. ...
The power to make regulations under this section is exercisable by statutory instrument.
A statutory instrument containing regulations made under this section by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing regulations made under this section by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
In this section—
“the appropriate national authority” means—
“existing traffic commissioner” means a person—
Section 179 is amended as follows. In subsection (2) for “policies in the licensing authority's local transport plan” substitute “ local transport policies of the licensing authority ”.
Schedule 12 is amended as follows. In paragraph 8 (application of proceeds)—
“acting traffic commissioner” means a person appointed under paragraph 6 of Schedule 2 to the PPVA 1981 to act as a traffic commissioner for a traffic area;
Section 139 is amended as follows. In subsection (1) for “local transport plan” substitute “ local transport policies ”.
Section 181 is amended as follows. In subsection (2)(a)—
After paragraph 16 insert—.
“public passenger transport services” has the meaning given by section 63(10)(a) of the TA 1985;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 4 to the TA 1985 (constitution, powers and proceedings of the Transport Tribunal) paragraph 9 (powers of tribunal on appeal from determination of traffic commissioner) is amended as follows.
In sub-paragraph (1), for the words from “under” to “1999” substitute “under any of the enactments specified in sub-paragraph (1A) below”.
The enactments are— the 1981 Act; this Act; the Goods Vehicles (Licensing of Operators) Act 1995; the Road Transport (Passenger Vehicles Cabotage) Regulations 1999; section 155 of the Transport Act 2000; section 75 of the Local Transport Act 2008.
The passenger transport areas established under section 9(1)(a)(i) of the TA 1968 are to be known as integrated transport areas.
The metropolitan county passenger transport authorities established under section 28(1) of the Local Government Act 1985 (c. 51) are to be known as Integrated Transport Authorities.
In consequence of subsection (1), any reference in any enactment (whenever passed or made) to a passenger transport area in England and Wales is to be read as a reference to an integrated transport area.
In consequence of subsection (2), any reference in any enactment (whenever passed or made) to— is to be read as a reference to an Integrated Transport Authority.
a metropolitan county passenger transport authority, or
a Passenger Transport Authority for an area in England and Wales,
Schedule 4 makes amendments consequential on subsections (1) and (2). Those amendments do not affect the generality of subsections (3) and (4).
In this Part—
“ITA” means an Integrated Transport Authority for an integrated transport area in England,
any reference to an ITA is a reference to an ITA for the purposes of Part 2 of the TA 1968,
any reference to an integrated transport area is a reference to an integrated transport area in England for the purposes of that Part of that Act.
Except where the context otherwise requires, any reference in this Part to an ITA includes a reference to—
an ITA established under section 28 of the Local Government Act 1985, and
an ITA established under this Part.
Except where the context otherwise requires, any reference in any enactment (whenever passed or made) to an Integrated Transport Authority for a passenger transport area in England includes a reference to an ITA established under this Part.
Accordingly, any reference in an enactment (whenever passed or made) which— includes a reference to an ITA established under this Part.
is to a joint authority established under Part 4 of the Local Government Act 1985, and
includes a reference to an Integrated Transport Authority established under section 28 of that Act,
Until subsections (1) and (2) of this section come into force, in any enactment (whenever passed or made)—
any reference to an integrated transport area is to be read as a reference to a passenger transport area;
any reference to an Integrated Transport Authority (or an ITA) is to be read as a reference to a Passenger Transport Authority (or a PTA).
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
The Secretary of State may by order—
designate any area in England outside Greater London as an integrated transport area, and
establish an ITA for the integrated transport area.
An order may be made only if the Secretary of State, having had regard to a scheme prepared and published under section 80 or 81, considers that the establishment of the ITA is likely to improve—
the exercise of statutory functions relating to transport in the area to be designated, and
the effectiveness and efficiency of transport within that area.
The requirement in subsection (2) to have regard to a scheme does not apply in relation to any area if a direction has been given under section 81 in relation to the area and any period specified in the direction for the preparation and publication of a scheme has expired.
An integrated transport area may be designated by an order only if it consists of the whole of two or more counties or districts.
A local government area may be included in an integrated transport area designated by an order only if—
it was included in the scheme prepared and published under section 80 or 81 (as the case may be), or
in the circumstances described in subsection (3), it is the area of an authority to whom the direction under section 81 was given.
No part of an integrated transport area established under this section may be separated from the rest of it by a territory which is part of another local government area but which is not included in the integrated transport area.
Before making an order the Secretary of State must consult— as the Secretary of State considers appropriate.
such representatives of the appropriate authorities, and
such other persons (if any),
In subsection (7) the appropriate authorities are—
if the area to be designated as an integrated transport area includes a county, the county council;
if that area includes a district, the district council and the council of the county (if any) in which the district lies.
In making an order the Secretary of State must have regard to the need—
to reflect the identities and interests of local communities, and
to secure effective and convenient local government.
An order under section 78 may make, in relation to the ITA,—
provision about its constitutional arrangements (within the meaning given by section 84(2)),
any provision which may be made by an order under section 86, 87 , 88 or 89A.
An order made by virtue of subsection (1)(a) which includes provision about the number and appointment of members of the ITA must provide—
for a majority of the members of the ITA to be appointed by the ITA's constituent councils (see subsection (3)),
for those members to be appointed from among the elected members of the constituent councils, and
for each of the representative councils (see subsection (4)) to appoint at least one of its elected members as a member of the ITA.
For the purposes of this section, the constituent councils of an ITA are— for an area within the integrated transport area of the ITA.
any county council, and
any district council,
For the purposes of subsection (2)(c), the following councils are representative councils in respect of an area to be designated as the integrated transport area of an ITA—
if that area includes the whole of a county, the county council;
if that area includes a metropolitan district or a non-metropolitan district comprised in an area for which there is no county council, the district council;
if that area includes one or more districts in a county but does not include the whole county, either the county council or the council for each of those districts (as determined by or in accordance with the order in question).
If an order made by virtue of subsection (1)(a) provides for members of an ITA to be appointed otherwise than from among the elected members of its constituent councils (see subsection (2)(a) of section 84), it must provide for those members to be non-voting members (see subsection (2)(b) of that section).
The voting members of an ITA may resolve that provision made in accordance with subsection (5) is not to apply in the case of the ITA.
Any two or more of the following authorities— may undertake a review of the effectiveness and efficiency of transport within an area satisfying the requirements of subsections (2) and (3) (a “review area”).
a council for a county in England comprised in an area for which there is no ITA,
a council for a district in England comprised in an area for which there is no ITA,
A review area must include—
if the review is being undertaken by a county council, the whole of one or more of the districts in the county (or, if there are no districts in the county, the whole of the county);
if the review is being undertaken by a district council, the whole of the district.
A review area may also include—
the whole of any county the council for which is not taking part in the review;
the whole of any district the council for which is not taking part in the review.
Where two or more authorities, having undertaken a review under subsection (1), conclude that the designation of an area as an integrated transport area, and the establishment of an ITA for that area, would improve— they must prepare and publish a scheme for the establishment of an ITA for the area (in this section referred to as a “proposed integrated transport area”).
the exercise of statutory functions relating to transport in the area, and
the effectiveness and efficiency of transport within the area,
A proposed integrated transport area— but it must be an area which is capable of being designated by an order under section 78.
must consist of the whole or any part of the review area, and
may, if the appropriate authority consents, include one or more other counties or districts,
In subsection (5) the appropriate authority is—
in the case of a county or non-metropolitan district comprised in an area for which there is a county council, the county council;
in the case of a non-metropolitan district comprised in an area for which there is no county council, the district council;
in the case of a metropolitan district, the district council.
The Secretary of State may direct two or more of the authorities falling within subsection (2) (including two or more authorities of the same description) to undertake a review of the effectiveness and efficiency of transport within the whole or any part of the authorities' combined area.
An authority falls within this subsection if it is—
a council for a county in England comprised in an area for which there is no ITA,
a council for a district in England comprised in an area for which there is no ITA.
The Secretary of State may give a direction only if the Secretary of State considers that the review and any scheme are likely to improve—
the exercise of statutory functions relating to transport in an integrated transport area or proposed integrated transport area, and
the effectiveness and efficiency of transport within such an area.
A direction may require the preparation and publication of a scheme for the establishment of an ITA for any area (being an area which is capable of being designated by an order under section 78) which consists of the whole or any part of the authorities' combined area.
The review must be undertaken jointly by all the authorities subject to the direction.
The provision which may be made by a direction includes provision for—
the timetable for the review and for the preparation and publication of a scheme,
the procedures to be followed in carrying out the review,
particular issues which the review and any scheme must address,
the implementation of any scheme.
The authorities to which a direction is given must, in carrying out the review and preparing any scheme, do so in the manner that they consider most likely to improve—
the exercise of statutory functions relating to transport in their combined area, and
the effectiveness and efficiency of transport within that area.
Any one or more of the authorities falling within subsection (2) may undertake a review of one or more of the matters mentioned in subsection (3).
An authority falls within this subsection if it is—
an ITA,
a district council for an area comprised in an integrated transport area,
a county council for an area comprised in an integrated transport area,
a county council or district council for an area which could be comprised in a proposed integrated transport area.
The matters are—
those in relation to which an order may be made under any of sections 84 to 91,
in relation to an ITA or any executive body of the ITA existing at the time of the review, any matter concerning the ITA or the executive body which the ITA has power to determine.
A review under this section must relate to one or more integrated transport areas or proposed integrated transport areas.
Where one or more authorities, having undertaken a review under subsection (1), conclude that the exercise of the power to make an order under any one or more of sections 84 to 91 would improve— they must prepare and publish a scheme relating to the power to make that order or those orders.
the exercise of statutory functions relating to transport in an integrated transport area or proposed integrated transport area, or
the effectiveness and efficiency of transport within such an area,
In this section a “proposed integrated transport area” means one which may be designated by an order under section 90 (ITA boundary changes).
The Secretary of State may direct one or more of the authorities falling within subsection (2) (including two or more authorities of the same description) to undertake a review of one or more of the matters mentioned in subsection (3).
An authority falls within this subsection if it is—
an ITA,
a district council for an area comprised in an integrated transport area,
a county council for an area comprised in an integrated transport area,
a county council or district council for an area which could be comprised in any proposed integrated transport area to which the direction relates.
The matters are—
those in relation to which an order may be made under any of sections 84 to 91,
in relation to an ITA or any executive body of the ITA existing at the time of the direction, any matter concerning the ITA or the executive body which the ITA has power to determine.
The Secretary of State may give a direction only if the Secretary of State considers that the review and any scheme are likely to improve—
the exercise of statutory functions relating to transport in an integrated transport area or proposed integrated transport area, or
the effectiveness and efficiency of transport within such an area.
A direction under this section must relate to one or more integrated transport areas or proposed integrated transport areas.
A direction may require the preparation and publication of a scheme relating to the power to make an order under any of sections 84 to 91.
If a direction is given to two or more authorities the review must be undertaken jointly by all the authorities subject to the direction.
The provision which may be made by a direction includes provision for—
the timetable for the review and for the preparation and publication of a scheme,
the procedures to be followed in carrying out the review,
particular issues which the review and any scheme must address,
the implementation of any scheme.
An authority to which a direction is given must, in carrying out the review and preparing any scheme, do so in the manner that they consider most likely to improve—
the exercise of statutory functions relating to transport in an integrated transport area or proposed integrated transport area, and
the effectiveness and efficiency of transport within such an area.
An authority which is carrying out a review and preparing any scheme in accordance with a direction may include in the review and any scheme—
any matter (whether or not it is the subject of the direction) in relation to which an order may be made under any of sections 84 to 91, and
where the review is carried out by an ITA, whether alone or jointly, any matter concerning the ITA which the ITA has power to determine.
In relation to the dissolution of an integrated transport area (see section 91) the references in subsections (4) and (9) to an integrated transport area have effect as references to the territory comprised in a dissolved integrated transport area.
In this section “proposed integrated transport area” means one which may be designated by an order under section 90 (ITA boundary changes).
The Secretary of State may by order make provision about the constitutional arrangements of an ITA.
“Constitutional arrangements”, in relation to an ITA, means—
the membership of the ITA (including the number and appointment of members of the ITA and the remuneration of, and pensions or allowances payable to or in respect of, any member of the ITA),
the voting powers of members of the ITA (including provision for different weight to be given to the vote of different descriptions of member),
the executive arrangements of the ITA,
the functions of any executive body of the ITA.
In subsection (2)(c) “executive arrangements” means—
the appointment of an executive,
the functions of the ITA which are the responsibility of an executive,
the functions of the ITA which are the responsibility of an executive and which may be discharged by a committee of the ITA or by a body other than the ITA,
arrangements relating to the review and scrutiny of the discharge of functions,
access to information on the proceedings of an executive of the ITA,
the disapplication of section 15 of the Local Government and Housing Act 1989 (c. 42) (duty to allocate seats to political groups) in relation to an executive of the ITA or a committee of such an executive,
the keeping of a record of any arrangements relating to the ITA and falling within paragraphs (a) to (f).
The provision which may be made by an order by virtue of subsection (2)(d) includes—
provision setting up or dissolving an executive body of an ITA, or merging two or more executive bodies of an ITA,
provision conferring functions on, or removing functions from, an executive body of an ITA,
provision transferring functions of an ITA to an executive body of the ITA, and transferring functions of an executive body of an ITA to the ITA.
An order may not provide for the budget of an ITA to be agreed otherwise than by the ITA.
An order made by virtue of section 84(2)(a) which includes provision about the number and appointment of members of the ITA must provide—
for a majority of the members of the ITA to be appointed by the ITA's constituent councils (see subsection (2)),
for those members to be appointed from among the elected members of the constituent councils, and
for each of the representative councils (see subsection (3)) to appoint at least one of its elected members as a member of the ITA.
For the purposes of this section, the constituent councils of an ITA are— for an area within the integrated transport area of the ITA.
any county council, and
any district council,
For the purposes of subsection (1)(c), the following councils are representative councils in respect of an area which is, or is to be designated as, the integrated transport area of an ITA—
if that area includes the whole of a county, the county council;
if that area includes a metropolitan district or a non-metropolitan district comprised in an area for which there is no county council, the district council;
if that area includes one or more districts in a county but does not include the whole county, either the county council or the council for each of those districts (as determined by or in accordance with the order).
If an order under section 84 provides (by virtue of subsection (2)(a) of that section) for members of an ITA to be appointed otherwise than from among the elected members of its constituent councils, the order must provide (by virtue of subsection (2)(b) of that section) for those members to be non-voting members.
The voting members of an ITA may resolve that provision made in accordance with subsection (4) is not to apply in the case of the ITA.
The Secretary of State may, to any extent, by order delegate to an ITA or an eligible local transport authority any function of the Secretary of State—
which does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges, and
which the Secretary of State considers can appropriately be exercised by the ITA or eligible local transport authority.
A delegation by virtue of this section may be made subject to conditions.
“Eligible local transport authority” means an authority which has been designated as a local transport authority by an order under section 90 or 91of this Act or section 106 or 107 of the Local Democracy, Economic Development and Construction Act 2009.
The Secretary of State may, to any extent, by order provide for the delegation to an ITA, or to an eligible local transport authority, of any function of a local authority—
which is exercisable by the local authority in relation to an area which is comprised in the ITA's integrated transport area or the eligible local transport authority's area, and
which the Secretary of State considers can appropriately be exercised by the ITA or eligible local transport authority.
A delegation by virtue of this section may be made subject to conditions.
An order under this section which provides for the delegation of any function of a charging authority within the meaning of Part 3 of the TA 2000 may be made—
where the area in relation to which the order has effect comprises all or part of the area of one charging authority, only with the consent of that authority;
where that area comprises all or part of the area of two or more charging authorities, only with the consent of a majority of those authorities.
“Local authority” means—
a county council,
a district council.
“Eligible local transport authority” means an authority which has been designated as a local transport authority by an order under section 90 or 91of this Act or section 106 or 107 of the Local Democracy, Economic Development and Construction Act 2009.
The Secretary of State may by order confer on— a power to give a direction about the exercise of an eligible power.
an ITA, or
an authority which has been designated as a local transport authority by an order under section 90 or 91of this Act or section 106 or 107 of the Local Democracy, Economic Development and Construction Act 2009,
An “eligible power” means a power of a council for a county, metropolitan district or non-metropolitan district comprised in an area for which there is no county council, which the council has—
as highway authority by virtue of section 1 of the Highways Act 1980 (c. 66), or
as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984 (c. 27).
In this section references to a power do not include references to a duty.
A power of direction under this section must relate only to the exercise of an eligible power in—
the area of the directing authority, and
the area of the authority subject to the direction.
Where an authority has been designated as a local transport authority by an order under section 91 (dissolution of an integrated transport area), the reference in subsection (4) to the area of the authority is a reference to the territory previously comprised in the integrated transport area.
A power of direction under this section must relate only to the exercise of an eligible power in respect of—
a particular road (whether or not specified in the order), or
a description of road (whether or not specified in the order).
In subsection (6) “road”—
has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984, and
does not include any road which is the subject of a concession agreement under Part 1 of the New Roads and Street Works Act 1991 (c. 22).
A power of direction under this section must relate only to any one or more of—
the provision of information about the exercise of an eligible power which the authority subject to the direction has or might reasonably be expected to acquire,
the imposition on such an authority of requirements relating to procedures to be followed prior to the exercise of an eligible power,
the imposition on such an authority of requirements relating to the obtaining of consent prior to the exercise of an eligible power,
the imposition on such an authority of conditions subject to which an eligible power may be exercised (including conditions relating to the times at which, and the manner in which, an eligible power may be exercised),
a requirement to exercise an eligible power (including a requirement to exercise an eligible power subject to conditions),
a prohibition on the exercise of an eligible power.
A power of direction under this section may be conferred subject to conditions.
Any direction given by virtue of this section—
must be given in writing and may be varied or revoked by a further direction in writing, and
may make different provision for different cases and different provision for different areas.
If an order makes provision for a direction by virtue of subsection (8)(e), the order must make provision for the direction not to have effect unless the directing authority meets the cost of complying with the direction.
An order under this section must not provide that an authority is subject to concurrent directions given by more than one directing authority about the exercise of the same eligible power.
An order under section 88 may provide that, if an authority exercises any power in contravention of a direction under such an order, the directing authority may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power.
For the purposes of subsection (1), the directing authority has power to exercise any power of the authority subject to the direction on behalf of that authority.
Any reasonable expenses incurred by the directing authority in taking any steps under subsection (1) are recoverable from the authority subject to the direction as a civil debt.
The Secretary of State may by order designate an integrated transport area in England by—
including a county or district in an integrated transport area, or
removing a county or district from an integrated transport area.
No part of an integrated transport area established under this section may be separated from the rest of it by a territory which is part of another local government area but which is not included in the integrated transport area.
Where by virtue of an order a territory ceases to be comprised in an integrated transport area, the order—
must make provision for designating an authority to be a local transport authority for the territory for the purposes of section 108(4) of the TA 2000, and
may transfer functions to that authority from the ITA which was formerly the local transport authority.
Provision made by virtue of subsection (3) may designate different authorities for different parts of the territory.
The reference in subsection (3)(a) to an authority does not include—
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 , or
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
Subsection (3) does not apply if the territory becomes part of—
the area of a combined authority by virtue of an order under section 103 or 106 of the Local Democracy, Economic Development and Construction Act 2009 , or
the area of a combined county authority by virtue of regulations under section 9(1) or 25(1) of the Levelling-up and Regeneration Act 2023.
The Secretary of State may by order transfer functions of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 to an ITA.
An order under this section may only be made in relation to functions that—
relate to transport, and
are exercisable by the combined authority in relation to an area that becomes, or becomes part of, the ITA's integrated transport area by virtue of an order under this Part.
The Secretary of State may by order dissolve an integrated transport area and abolish the ITA for the integrated transport area.
The order—
must make provision for designating an authority to be a local transport authority for the territory previously comprised in the integrated transport area for the purposes of section 108(4) of the TA 2000, and
may transfer functions to that authority from the ITA which was formerly the local transport authority.
Provision made by virtue of subsection (2) may designate different authorities for different parts of the territory.
The reference in subsection (2)(a) to an authority does not include—
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 , or
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
Subsection (2) does not apply to a territory or part of a territory that becomes—
the area or part of the area of a combined authority by virtue of an order under section 103 or 106 of the Local Democracy, Economic Development and Construction Act 2009 , or
the area or part of the area of a combined county authority by virtue of regulations under section 9(1) or 25(1) of the Levelling-up and Regeneration Act 2023.
The Secretary of State may by order transfer functions of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 to an ITA.
An order under this section may only be made in relation to functions that—
relate to transport, and
are exercisable by the combined county authority in relation to an area that becomes, or becomes part of, the ITA’s integrated transport area by virtue of an order under this Part.
This section applies to an order made under any of sections 84 to 91.
An order may be made only if the Secretary of State, having had regard to a scheme prepared and published under section 82 or 83, considers that the making of the order is likely to improve—
the exercise of statutory functions relating to transport in the area or areas to which the order relates, or
the effectiveness and efficiency of transport within that area or those areas.
The requirement in subsection (2) to have regard to a scheme does not apply in relation to any matter if a direction has been given under section 83 in relation to the matter and any period specified in the direction for the preparation and publication of a scheme has expired.
Before making an order the Secretary of State must consult— as the Secretary of State considers appropriate.
such representatives of authorities mentioned in sections 82(2) and 83(2), and
such other persons (if any),
In making an order the Secretary of State must have regard to the need—
to reflect the identities and interests of local communities, and
to secure effective and convenient local government.
An order which makes provision for dissolution of an integrated transport area may be made only with the consent of a majority of the councils falling within subsection (7).
The councils are—
the councils for any metropolitan districts whose areas are comprised in the integrated transport area,
the councils for any counties whose areas are comprised in the integrated transport area,
any unitary councils for any non-metropolitan districts whose areas are comprised in the integrated transport area.
An order which changes the boundaries of an integrated transport area may be made only if each council mentioned in subsection (9) has consented to the boundary change.
The councils are—
any council for a county or a metropolitan district, and any unitary council, whose area—
is comprised in the existing integrated transport area, and
would not be comprised in the proposed integrated transport area,
any council for a county or a metropolitan district, and any unitary council, whose area—
is not comprised in the existing integrated transport area, and
would be comprised in the proposed integrated transport area.
In this section a “unitary council” is a council for a non-metropolitan district comprised in an area for which there is no county council.
This section has effect in relation to the variation or revocation of an order as it has effect in relation to the making of an order.
The Secretary of State may by order make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, an order under this Chapter, or for giving full effect to such an order.
The provision which may be included by virtue of this section in an order includes provision for the transfer of property, rights and liabilities by—
the order,
a scheme made by the Secretary of State under the order,
a scheme required to be made under the order by a person other than the Secretary of State.
The provision which may be included by virtue of subsection (2) in an order includes provision—
for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred by or under an order,
for the management or custody of transferred property,
for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement.
The provision which may be included by virtue of this section in an order includes provision amending, modifying, repealing or revoking any enactment, whenever passed or made.
The provision which may be included by virtue of subsection (4) does not include provision amending or disapplying sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (c. 42) (political balance on local authority committees etc).
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
Any power to make an order under this Chapter is exercisable by statutory instrument.
A statutory instrument containing an order under this Chapter may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
If, apart from this subsection, an instrument containing an order under this Chapter would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not a hybrid instrument.
Any direction under section 81 or 83 must be given in writing and may be varied or revoked by a further direction in writing.
Any such direction may make different provision for different cases and different provision for different areas.
The Secretary of State may give guidance about anything which could be done by a local authority under this Chapter.
Any guidance under this section must be given in writing and may be varied or revoked by further guidance in writing.
Any such guidance may make different provision for different cases and different provision for different areas.
In exercising any function under this Chapter a local authority must have regard to any guidance under this section.
In this section a “local authority” is—
a county council;
a district council;
an ITA.
An ITA may, by a resolution in relation to which the requirements mentioned in subsection (2) are met, change the name by which it is known.
The requirements are—
that the resolution is considered at a meeting of the ITA which is specially convened for the purpose,
that particulars of the resolution were included in the notice of the meeting, and
that the resolution is passed at the meeting by not less than two-thirds of the members of the ITA who vote on it.
An ITA which changes its name under this section must—
send notice of the change to the Secretary of State, and
publish the notice in such manner as the Secretary of State may direct.
A change of name under this section does not affect the rights or obligations of the ITA concerned or any other person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.
Section 42 of the Local Government Act 1985 (c. 51) (reorganisation of functions by Secretary of State) is amended in accordance with subsections (2) and (3).
In subsection (1)—
omit “any of the following purposes”,
omit paragraph (c),
in paragraph (d), omit “whether or not an order is made for any of the foregoing purposes”.
In subsection (3) omit “any passenger transport authority,”.
In section 9(1) of the TA 1968 (Passenger Transport Areas, etc) omit “Subject to any order under section 42(1)(c) of the Local Government Act 1985 (alteration or abolition of passenger transport areas, etc)”.
An ITA has power to take any action if the ITA determines that doing so is likely to achieve any one or more of the following objects—
the promotion or improvement of the economic well-being of its area,
the promotion or improvement of the social well-being of its area,
the promotion or improvement of the environmental well-being of its area.
The power under subsection (1) may be exercised in relation to or for the benefit of—
the whole or any part of the integrated transport area, or
all or any persons resident or present in, or travelling in or through, the integrated transport area.
The power under subsection (1) includes power to—
incur expenditure,
give financial assistance to any person,
enter into arrangements or agreements with any person,
co-operate with, or facilitate or co-ordinate the activities of, any person,
exercise on behalf of any person any functions of that person, and
provide staff, goods, services or accommodation to any person.
The power under subsection (1) includes power to do anything in relation to, or for the benefit of, any person or area situated outside its area if it considers that doing so is likely to achieve any one or more of the objects in that subsection.
Nothing in subsection (3) or (4) affects the generality of the power under subsection (1).
Subsection (7) applies if there is, in relation to an ITA—
a PTE established under section 9 of the TA 1968 for the integrated transport area of the ITA, or
an executive body established by virtue of section 79(1)(a) or 84(2)(d).
The ITA may delegate to the PTE or executive body its function of taking action under subsection (1) (but not the function of determining what action to take).
The power under section 99(1) does not enable an ITA to do anything which the ITA is unable to do by virtue of any prohibition, restriction or limitation on its powers which is contained in any enactment (whenever passed or made).
The power under section 99(1) does not enable an ITA to raise money (whether by precepts, borrowing or otherwise).
The Secretary of State may by order made by statutory instrument make provision preventing ITAs from doing, by virtue of section 99(1), anything which is specified, or is of a description specified, in the order.
The power under subsection (3) may be exercised in relation to—
all ITAs,
particular ITAs, or
ITAs of particular descriptions.
Before making an order under subsection (3), the Secretary of State must consult— as the Secretary of State considers appropriate.
such representatives of ITAs,
such representatives of local government, and
such other persons (if any),
Subsection (5) does not apply to an order under subsection (3) which is made only for the purpose of amending an earlier order under that subsection—
so as to extend the earlier order, or any provision of the earlier order, to a particular ITA or to ITAs of a particular description, or
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular ITA or to ITAs of a particular description.
Before exercising the power under section 99(1), an ITA must have regard to any guidance for the time being issued by the Secretary of State about the exercise of that power.
Before issuing any guidance under subsection (7), the Secretary of State must consult— as the Secretary of State considers appropriate.
such representatives of ITAs,
such representatives of local government, and
such other persons (if any),
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
If the Secretary of State thinks that an enactment (whenever passed or made) prevents or obstructs ITAs from exercising their power under section 99(1), the Secretary of State may by order made by statutory instrument amend, repeal, revoke or disapply that enactment.
The power under subsection (1) may be exercised in relation to—
all ITAs,
particular ITAs, or
ITAs of a particular description.
The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Before making an order under section 101 the Secretary of State must consult— as appear to the Secretary of State likely to be affected by the proposals.
such representatives of ITAs,
such representatives of local government, and
such other persons (if any),
If, following consultation under subsection (1), the Secretary of State proposes to make an order under section 101, the Secretary of State must lay before each House of Parliament a document which—
explains the proposals,
sets them out in the form of a draft order, and
gives details of consultation under subsection (1).
Where a document relating to proposals is laid before Parliament under subsection (2), no draft of an order under section 101 to give effect to the proposals (with or without modifications) is to be laid before Parliament in accordance with section 101(5) until after the expiry of the period of sixty days beginning with the day on which the document was laid.
In calculating the period mentioned in subsection (3) no account is to be taken of any time during which—
Parliament is dissolved or prorogued, or
either House is adjourned for more than four days.
In preparing a draft order under section 101 the Secretary of State must consider any representations made during the period mentioned in subsection (3).
A draft order under section 101 which is laid before Parliament in accordance with section 101(5) must be accompanied by a statement of the Secretary of State giving details of—
any representations considered in accordance with subsection (5), and
any changes made to the proposals contained in the document laid before Parliament under subsection (2).
Nothing in this section applies to an order under section 101 which is made only for the purpose of amending an earlier order under that section—
so as to extend the earlier order, or any provision of the earlier order, to a particular ITA or to ITAs of a particular description, or
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular ITA or to ITAs of a particular description.
This Chapter applies to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 as it applies to an ITA.
In the application of this Chapter to a combined authority, references to an integrated transport area are to the combined authority's area.
This Chapter applies to a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 as it applies to an ITA.
In the application of this Chapter to a combined county authority, references to an integrated transport area are to the combined county authority’s area.
In the application of this Chapter to a combined county authority, the reference in section 99(6)(b) to an executive body established by virtue of section 79(1)(a) or 84(2)(d) is to an executive body established by virtue of section 10(2)(c) of the Levelling-up and Regeneration Act 2023.
An ITA may do—
anything the ITA considers appropriate for the purposes of the carrying-out of any of the ITA's functions (the ITA's “functional purposes”),
anything the ITA considers appropriate for purposes incidental to the ITA's functional purposes,
anything the ITA considers appropriate for purposes indirectly incidental to the ITA's functional purposes through any number of removes,
anything the ITA considers to be connected with—
any of the ITA's functions, or
anything the ITA may do under paragraph (a), (b) or (c), and
for a commercial purpose anything which the ITA may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.
Where subsection (1) confers power on an ITA to do something, it confers power (subject to section 102C) to do it anywhere in the United Kingdom or elsewhere.
An ITA's power under subsection (1) is in addition to, and is not limited by, the other powers of the ITA.
Subsection (5) applies if there is, in relation to an ITA—
a Passenger Transport Executive established under section 9 of the TA 1968 for the integrated transport area of the ITA, or
an executive body established by virtue of section 79(1)(a) or 84(2)(d).
The ITA may delegate to the Executive or body the ITA's function of taking action under subsection (1) (but not the function of determining what action to take).
Section 102B(1) does not enable an ITA to do—
anything which the ITA is unable to do by virtue of a pre-commencement limitation, or
anything which the ITA is unable to do by virtue of a post-commencement limitation which is expressed to apply—
to the ITA's power under section 102B(1),
to all of the ITA's powers, or
to all of the ITA's powers but with exceptions that do not include the ITA's power under section 102B(1).
If exercise of a pre-commencement power of an ITA is subject to restrictions, those restrictions apply also to exercise of the power conferred on the ITA by section 102B(1) so far as it is overlapped by the pre-commencement power.
Section 102B(1) does not authorise an ITA to borrow money.
Section 102B(1)(a) to (d) do not authorise an ITA to charge a person for anything done by the ITA otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of ITAs and other best value authorities to charge for discretionary services)).
Section 102B(1)(e) does not authorise an ITA to do things for a commercial purpose in relation to a person if a statutory provision requires the ITA to do those things in relation to the person.
Where under section 102B(1)(e) an ITA does things for a commercial purpose, it must do them through—
a company within the meaning given by section 1(1) of the Companies Act 2006, or
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969.
In this section—
The Secretary of State may by order made by statutory instrument make provision preventing ITAs from doing under section 102B(1) anything which is specified, or is of a description specified, in the order.
The Secretary of State may by order made by statutory instrument provide for the exercise by ITAs of power conferred by section 102B(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.
The power under subsection (1) or (2) may be exercised in relation to—
all ITAs,
particular ITAs, or
particular descriptions of ITAs.
Before making an order under subsection (1) or (2) the Secretary of State must consult— as the Secretary of State considers appropriate.
such representatives of ITAs,
such representatives of local government, and
such other persons (if any),
Subsection (4) does not apply to an order under subsection (1) or (2) which is made only for the purpose of amending an earlier such order—
so as to extend the earlier order, or any provision of the earlier order, to a particular ITA or to ITAs of a particular description, or
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular ITA or to ITAs of a particular description.
Power to make an order under this section includes—
power to make different provision for different cases, circumstances or areas, and
power to make incidental, supplementary, consequential, transitional or transitory provision or savings.
The Secretary of State may not make an order to which subsection (8) applies unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
This subsection applies to—
an order under subsection (1), other than one that is made only for the purpose mentioned in subsection (5)(b);
an order under subsection (2), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose.
A statutory instrument that— is subject to annulment in pursuance of a resolution of either House of Parliament.
contains an order made under this section, and
is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
Section 163 of the TA 2000 (charging schemes: preliminary) is amended as follows.
In subsection (3) (authorities by which charging schemes may be made)—
after paragraph (b) insert—;
for “or” at the end of paragraph (c) substitute—.
After subsection (4) insert—.
Section 164 of the TA 2000 (local charging schemes) is amended as follows.
In subsection (2)—
after “A local charging scheme” insert “ which has effect wholly outside an integrated transport area ”;
for “policies in the charging authority's local transport plan” substitute “ local transport policies of the charging authority ”.
After subsection (2) insert—.
Section 165 of the TA 2000 (joint local charging schemes) is amended as follows.
In subsection (2)—
after “A joint local charging scheme” insert “ which has effect wholly outside an integrated transport area ”;
for “policies in the charging authorities' local transport plans” substitute “ local transport policies of the charging authorities ”.
After subsection (2) insert—.
After section 165 of the TA 2000 (joint local charging schemes) insert—.
Section 166 of the TA 2000 (joint local-London charging schemes) is amended as follows.
In subsection (2)—
after “A joint local-London charging scheme” insert “ which has effect wholly outside an integrated transport area ”;
for “policies in the local transport plan” substitute “ local transport policies ”;
omit “the local transport plans of”.
After subsection (2) insert—.
After section 166 of the TA 2000 (joint local-London charging schemes) insert—.
Schedule 5 (further amendments relating to the powers of Integrated Transport Authorities in respect of local charging schemes) has effect.
Section 169 of the TA 2000 (confirmation of charging schemes) is amended as follows.
In subsection (1)—
after “A charging scheme under this Part” insert “ which relates wholly or partly to Wales ”;
for “the appropriate national authority” substitute “ the Welsh Ministers ”.
In subsection (2) for “the appropriate national authority” substitute “ the Welsh Ministers ”.
Omit subsection (5).
Section 170 of the TA 2000 (charging schemes: consultation and inquiries) is amended as follows.
For subsection (1) substitute—.
In subsection (3)—
for “The appropriate national authority” substitute “ The Welsh Ministers ”;
in paragraph (a) after “a charging scheme under this Part” insert “ which relates wholly or partly to Wales ”.
In subsection (4)—
for “The appropriate national authority” substitute “ The Welsh Ministers ”;
in paragraph (a) after “a charging scheme under this Part” insert “ which relates wholly or partly to Wales ”.
Omit subsection (5)(b) and the word “and” preceding it.
In section 171(5) of the TA 2000 (different charges for different cases) after paragraph (e) insert, and .
In Schedule 23 to the GLA Act 1999 (road user charging) in paragraph 10(4) (the charges)—
after “different charges (which may be no charge) for” insert “ different cases, including (in particular) ”;
after paragraph (e) insert—.
Section 172 of the TA 2000 (charging schemes: exemptions etc) is amended as follows.
After subsection (2) insert—.
For subsection (3) substitute—.
In consequence of the amendments made by subsections (1) to (3), the heading to section 172 becomes “ Charging schemes: supplementary provision as to contents ”.
Schedule 23 to the GLA Act 1999 (road user charging) is amended as follows.
In paragraph 9 (the charging area and the roads), at the end of sub-paragraph (4) insert “ , except with the consent of the Authority. ”.
After paragraph 10 (the charges) insert—.
After section 172 of the TA 2000 insert—.
In section 173 of the TA 2000 (penalty charges), in subsection (5)(a) after “interferes with any equipment” insert “ , or with the functioning of any equipment, ”.
In section 174 of the TA 2000 (examination, entry, search and seizure)—
in subsection (1)(b) for the words from “or has been interfered with” to the end of the paragraph substitute—;
in subsection (2)(a) after “has been interfered with” insert “ , or the functioning of any such equipment has been interfered with, ”;
in subsection (2)(a) and (b) after “to avoid payment of, or” insert “ to avoid any person ”.
Schedule 23 to the GLA Act 1999 (road user charging) is amended as follows.
In paragraph 25(1)(a) (offences) after “interferes with any equipment” insert “ , or with the functioning of any equipment, ”.
In paragraph 26 (examination of motor vehicles etc)—
in sub-paragraphs (1)(b)(iii) and (2)(a) and (b) after “to avoid payment of, or” insert “ to avoid any person ”;
after sub-paragraph (2) insert—.
Section 176 of the TA 2000 (equipment etc) is amended as follows.
In subsection (2)—
the words from “approve standards for equipment” to the end of the subsection become paragraph (a) of that subsection;
after paragraph (a) insert, or .
In subsection (3)—
the words from “installed for or in connection with” to the end of the subsection become paragraph (a) of that subsection;
for “subsection (2)” substitute “ subsection (2)(a) ”;
after paragraph (a) insert—.
In Schedule 23 to the GLA Act 1999 (road user charging) paragraph 29 (approval of equipment) is amended as follows.
In sub-paragraph (1)—
the words from “the equipment” to the end of the sub-paragraph become paragraph (a);
after paragraph (a) insert, or .
After sub-paragraph (3) insert—.
In each of sub-paragraphs (4) and (5) after “sub-paragraph (3)” insert “ or (3B) ”.
In consequence of the amendments made by subsections (5) to (7), the heading preceding paragraph 29 becomes “ Approval of equipment and directions for use ”.
After section 177 of the TA 2000 insert—.
In Schedule 23 to the GLA Act 1999 (road user charging) after paragraph 34A (information) insert—.
Section 194 of the TA 2000 (information) is amended as follows.
In subsection (1) for the words from “the charging authority or licensing authority” to the end of the subsection substitute “ a traffic authority or Integrated Transport Authority for or in connection with the performance or proposed performance of any of their functions under this Part or with respect to a relevant scheme or proposed relevant scheme ”.
For subsection (2) substitute—.
In subsection (3) (which provides for the disclosure of information and refers to the charging scheme) for “the” in the second place where it occurs substitute “ a ”.
After subsection (4) insert—.
In Schedule 23 to the GLA Act 1999 (road user charging) paragraph 34A (information) is amended as follows.
In sub-paragraph (1) for the words from “a charging authority” to the end of the sub-paragraph substitute “ Transport for London or a London borough council for or in connection with the performance or proposed performance of any of their functions under this Schedule or with respect to a charging scheme or proposed charging scheme ”.
For sub-paragraph (2) substitute—.
After sub-paragraph (4) insert—.
The Secretary of State may charge a reasonable fee in respect of the cost of supplying information to—
the charging authority, or any of the charging authorities, in relation to a charging scheme made under Part 3 of the Transport (Scotland) Act 2001 (2001 asp 2);
any person with whom such an authority has entered into arrangements under section 61(b) of that Act.
The reference to information in subsection (1) is a reference to information obtained by the Secretary of State in the exercise of any function that relates to reserved matters (within the meaning of the Scotland Act 1998 (c. 46)).
In Schedule 23 to the GLA Act 1999 (road user charging) paragraphs 19 to 24 are amended as follows.
In paragraph 19 (charging authority's 10 year plan for their share of proceeds of scheme) omit sub-paragraphs (3)(a) and (4).
In paragraph 20 (charging authority's 4 year programme for their share)—
omit sub-paragraphs (2)(a), (3) and (4);
in sub-paragraph (5) after “prepared and” insert “ (where so required) ”.
In paragraph 21 (Authority's 10 year plan for the redistributed portion)—
in sub-paragraph (2) omit “and submit to the Secretary of State”;
omit sub-paragraph (4).
In paragraph 22 (Authority's 4 year programmes for the redistributed portion)—
omit sub-paragraph (3);
in sub-paragraph (4) omit “and approved” in both places where those words occur.
In paragraph 23 (non-compliance with paragraph 20 or 22)—
in sub-paragraph (1) after “prepared and” insert “ (where so required) ”;
in sub-paragraph (2) omit “and approved”.
In paragraph 24 (4 year programmes: amendment, replacement and voluntary statements)—
in sub-paragraph (1) after “prepared and” insert “ (where so required) ”;
in paragraph (c) of sub-paragraph (3), omit the words from “and, if approved” to the end;
in sub-paragraph (5)(a) after “prepared and” insert “ (where so required ”;
omit sub-paragraphs (6)(a) and (7);
in sub-paragraph (8) after “prepared and” in both places where those words occur insert “ (where so required) ”;
in sub-paragraph (10)—
after “prepared and” in the first place where those words occur insert “ (where so required) ”;
omit “prepared and approved” in the second place where those words occur;
at the beginning of paragraph (a) insert “ prepared and approved ”;
at the beginning of paragraph (b) insert “ prepared ”.
Schedule 6 (amendments of the financial provisions relating to road user charging and workplace parking levy schemes) has effect.
The Secretary of State may by regulations establish a sub-national transport body for any area in England outside Greater London.
In this Part—
“STB” means a sub-national transport body established under this section, and
references to the area of an STB are to the area in England for which the STB is established.
Regulations under this section must specify—
the name by which the STB is to be known, and
the area of the STB.
The area of an STB must consist of the whole of the area of two or more relevant authorities (whether or not of the same kind).
Each of the following is a “relevant authority” for the purposes of this Part—
a combined authority;
a combined county authority;
an ITA;
a county council that comes within subsection (6);
a unitary district council that comes within that subsection;
the Council of the Isles of Scilly.
A council comes within this subsection if no part of its area forms part of—
the area of a combined authority,
the area of a combined county authority, or
an integrated transport area.
An STB is to be established as a body corporate.
Regulations under section 102E may be made establishing an STB for an area only if the Secretary of State considers that—
its establishment would facilitate the development and implementation of transport strategies for the area, and
the objective of economic growth in the area would be furthered by the development and implementation of such strategies.
The reference in subsection (1)(a) to “transport strategies”, in relation to the area of an STB, is a reference to strategies for improving—
the exercise of transport functions in the area (whether or not exercisable by the STB), and
the effectiveness and efficiency of transport to, from or within the area.
Regulations under section 102E establishing an STB for an area may be made only if—
the constituent authorities have together made a proposal to the Secretary of State for there to be an STB for the area, and
those authorities consent to the making of the regulations.
For the purposes of this Part, the constituent authorities of an STB are every relevant authority whose area is within the area, or proposed area, of the STB.
Before making a proposal under this section the constituent authorities must consult—
each appropriate authority (if it is not a constituent authority), and
any other persons whom the constituent authorities consider it is appropriate to consult.
The Secretary of State may require the constituent authorities to consult any other persons (not already consulted under subsection (5)(b)) whom the Secretary of State considers should be consulted in connection with a proposal under this section.
For the purposes of subsection (5), each of the following is an “appropriate authority” if any part of the authority's area adjoins the area of the proposed STB—
a combined authority;
a combined county authority;
an ITA;
Transport for London;
a county council;
a unitary district council;
a London borough council.
The Secretary of State may by regulations make provision about the constitutional arrangements in relation to an STB.
“Constitutional arrangements”, in relation to an STB, include arrangements in respect of—
the membership of the STB (including the number and appointment of members of the STB),
the voting powers of members of the STB (including provision for different weight to be given to the vote of different descriptions of member),
the executive arrangements of the STB, and
the functions of any executive body of the STB.
Regulations made by virtue of subsection (2)(a) which include provision about the number and appointment of members of the STB must provide—
for the members of the STB to be appointed by the STB's constituent authorities, and
for those members to be appointed from among the elected members of the constituent authorities.
Regulations made by virtue of subsection (2)(a) may provide for persons, who are not elected members of the constituent authorities, to be appointed as co-opted members of an STB; but such regulations must provide (by virtue of subsection (2)(b)) for those co-opted members to be non-voting members of the STB.
The voting members of an STB may resolve that provision made in accordance with subsection (4) is not to apply (generally or in relation to particular matters) in the case of the STB.
In subsection (2)(c) “executive arrangements” means—
the appointment of an executive;
the functions of the STB which are the responsibility of an executive;
the functions of the STB which are the responsibility of an executive and which may be discharged by a committee of the STB, by an officer of the STB or by a body other than the STB;
arrangements relating to the review and scrutiny of the discharge of functions;
access to information on the proceedings of an executive of the STB;
the keeping of a record of any arrangements relating to the STB and falling within any of paragraphs (a) to (e).
The provision which may be made by regulations by virtue of subsection (2)(d) includes—
provision setting up or dissolving an executive body of an STB, or merging two or more executive bodies of an STB;
provision conferring functions on, or removing functions from, an executive body of an STB;
provision transferring functions of an STB to an executive body of the STB, and transferring functions of an executive body of an STB to the STB.
Regulations under this section may authorise an STB to delegate any of its functions to one or more of its constituent authorities (and any such delegation may be made subject to conditions or limitations).
Regulations under this section may not provide for the budget of an STB to be agreed otherwise than by the STB.
For the purposes of subsections (3) and (4), the “elected members” of a constituent authority—
in the case of a combined authority, are the mayor for the area of the combined authority (if there is one) and those members of the authority who are appointed from among the elected members of the authority's constituent councils (see section 85(1)(b) above as applied by section 104(2) of the Local Democracy, Economic Development and Construction Act 2009);
in the case of a combined county authority, are the mayor for the area of the combined county authority (if there is one) and those members of the authority who are appointed from among the elected members of the authority’s constituent councils (see section 10(4)(b) of the Levelling-up and Regeneration Act 2023);
in the case of an ITA, are those members of the ITA who are appointed from among the elected members of the ITA's constituent councils (see section 85(1)(b) above);
in the case of a county council, a unitary district council or the Council of the Isles of Scilly, are the elected members of the council.
The Secretary of State may by regulations provide for an STB to have any of the following functions in relation to its area—
to prepare a transport strategy for the area (see section 102I);
to provide advice to the Secretary of State about the exercise of transport functions in relation to the area (whether exercisable by the Secretary of State or others);
to co-ordinate the carrying out of transport functions in relation to the area that are exercisable by different constituent authorities, with a view to improving the effectiveness and efficiency in the carrying out of those functions;
if the STB considers that a transport function in relation to the area would more effectively and efficiently be carried out by the STB, to make proposals to the Secretary of State for the transfer of that function to the STB;
to make other proposals to the Secretary of State about the role and functions of the STB.
The Secretary of State may by regulations provide for an STB to have other functions of a description set out in the regulations.
Regulations under subsection (2) may be made only for functions to be exercisable in relation to the area of the STB that—
relate to transport,
the Secretary of State considers can appropriately be exercised by the STB, and
are not already exercisable in relation to that area by a local authority or a public authority (see instead sections 102J and 102K respectively for a power to transfer such functions to an STB).
The Secretary of State may by regulations make further provision about how an STB is to carry out functions that it has under or by virtue of this Part.
Regulations under this section in relation to an existing STB may be made only with the consent of the STB.
Nothing in this section limits the power of the Secretary of State to confer other functions on an STB under this Part.
The transport strategy of an STB is a document containing the STB's proposals for the promotion and encouragement of sustainable, safe, integrated, efficient and economic transport facilities and services to, from and within the area of the STB.
The transport facilities and services mentioned in subsection (1) are—
those required to meet the needs of persons (including pedestrians) living or working in, or visiting, the area of the STB, and
those required for the transportation of freight.
An STB may include in its transport strategy any other proposals it considers appropriate that relate to transport to, from or within its area.
An STB must publish its transport strategy.
If an STB revises its transport strategy, the STB must publish the strategy as revised.
In preparing or revising its transport strategy an STB must carry out a public consultation.
In carrying out a public consultation under subsection (6), the STB must ensure that such of the following persons as the STB considers appropriate (taking into account the proposals to be contained in the strategy) have a reasonable opportunity to respond to the consultation—
the Secretary of State;
a combined authority;
a combined county authority;
another STB;
an ITA;
a Passenger Transport Executive;
Transport for London;
a person to whom a licence is granted under section 8 of the Railways Act 1993 (licences authorising persons to be operator of railway assets);
a strategic highways company appointed under section 1 of the Infrastructure Act 2015;
a local highway authority (within the meaning of the Highways Act 1980);
a county council in England;
a unitary district council;
a London borough council.
In preparing or revising its transport strategy an STB must (among other matters) have regard to—
the promotion of economic growth in its area,
the social and environmental impacts in connection with the implementation of the proposals contained in the strategy,
any current national policy relating to transport that has been published by or on behalf of Her Majesty's Government, and
the results of the public consultation mentioned in subsection (6).
The Secretary of State must have regard to proposals contained in the transport strategy of an STB that appear to the Secretary of State to further the objective of economic growth in the area of the STB in determining—
national policies relating to transport (so far as relevant in relation to such proposals), and
how such policies are to be implemented in relation to the area of the STB.
The constituent authorities of an STB must exercise transport functions with a view to securing the implementation of the proposals contained in the STB's transport strategy.
In this Part “transport strategy”, in relation to an STB, means the transport strategy prepared or revised by an STB under this section by virtue of the function in section 102H(1)(a).
The Secretary of State may by regulations provide for functions that are exercisable by a local authority in an area that is, or is to become, the area of an STB to be exercisable by the STB.
Regulations under this section may be made—
only in relation to functions that relate to transport, and
only if the Secretary of State considers that the function can appropriately be exercised by the STB.
For the purposes of subsection (2)(a), regulations under this section may be made in respect of a function that relates both to transport and to other matters only so far as the function is exercisable in relation to transport.
Regulations under this section may make provision for a function to be exercisable by the STB either generally or subject to such conditions or limitations as may be specified in the regulations.
Regulations under this section may make provision—
for a function to be exercisable by the STB instead of by the local authority, or
for a function to be exercisable by the STB concurrently with the local authority.
Regulations under this section may be made only with the consent of—
the local authority concerned, and
in the case of regulations made in relation to an existing STB, the STB.
In this section “local authority” means—
a combined authority;
a combined county authority;
an ITA;
a Passenger Transport Executive;
a county council in England;
a unitary district council;
the Council of the Isles of Scilly.
The Secretary of State may by regulations provide for functions that are exercisable by a public authority in relation to an area that is, or is to become, the area of an STB to be exercisable by the STB.
Regulations under this section may be made—
only in relation to functions that relate to transport, and
only if the Secretary of State considers that the function can appropriately be exercised by the STB.
For the purposes of subsection (2)(a), regulations under this section may be made in respect of a function that relates both to transport and to other matters only so far as the function is exercisable in relation to transport.
Regulations under this section may make provision for a function to be exercisable by the STB either generally or subject to such conditions or limitations as may be specified in the regulations.
Regulations under this section may make provision—
for a function to be exercisable by the STB instead of by the public authority, or
for a function to be exercisable by the STB jointly with the public authority.
Regulations under this section in relation to an existing STB may be made only with the consent of the STB.
In this section—
The Secretary of State may pay grants to STBs to cover expenditure incurred in the carrying out of their functions.
Grants may be paid under this section subject to any conditions the Secretary of State thinks appropriate (including conditions as to repayment).
The Secretary of State may by regulations make provision—
for the constituent authorities of an STB to contribute to its costs, and
about the basis on which the amount payable by each constituent authority is to be determined.
An STB may do—
anything it considers appropriate for the purposes of the carrying out of any of its functions (its “functional purposes”),
anything it considers appropriate for purposes incidental (whether directly or indirectly) to its functional purposes,
anything it considers to be connected with—
any of its functions, or
anything it may do under paragraph (a) or (b), and
for a commercial purpose, anything which it may do under any of paragraphs (a) to (c) otherwise than for a commercial purpose.
Where subsection (1) confers power on an STB to do something, it confers power (subject to section 102N) to do it anywhere in the United Kingdom or elsewhere.
Power conferred on an STB by subsection (1) is in addition to, and is not limited by, the other powers of the STB.
Where an STB has an executive body established by virtue of section 102G, the STB may delegate to that body its function of taking action under subsection (1) (but not the function of determining what action to take).
Section 102M(1) does not enable an STB to do anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply—
to its power under section 102M(1),
to all of its powers, or
to all of its powers but with exceptions that do not include its power under section 102M(1).
Section 102M(1) does not authorise an STB to borrow money.
Section 102M(1)(a) to (c) do not authorise an STB to charge a person for anything it does otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of STBs and other best value authorities to charge for discretionary services)).
Section 102M(1)(d) does not authorise an STB to do things for a commercial purpose in relation to a person if a statutory provision requires the STB to do those things in relation to the person.
Where under section 102M(1)(d) an STB does things for a commercial purpose, it must do them through—
a company within the meaning given by section 1(1) of the Companies Act 2006, or
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014.
In this section—
The Secretary of State may by regulations make provision preventing an STB from doing under section 102M(1) anything which is specified, or is of a description specified, in the regulations.
The Secretary of State may by regulations provide for the exercise by STBs of the power conferred by section 102M(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the regulations.
Before making regulations under subsection (1) or (2) the Secretary of State must consult— as the Secretary of State considers appropriate.
such representatives of STBs,
such representatives of local government, and
such other persons (if any),
Subsection (3) does not apply to regulations under subsection (1) or (2) which are made only for the purpose of amending earlier such regulations—
so as to extend the earlier regulations, or any provision of the earlier regulations, to a particular STB or to STBs of a particular description, or
so that the earlier regulations, or any provision of the earlier regulations, cease to apply to a particular STB or to STBs of a particular description.
The Secretary of State may by regulations confer on an STB a power to give directions to a constituent authority about the exercise of transport functions by the authority in the area of the STB.
The power to give a direction by virtue of subsection (1) about the exercise of a function extends only so far as the exercise of the function is relevant to the implementation of the STB's transport strategy.
Regulations under this section conferring a power to direct may include provision—
for the power to be given generally or subject to conditions or limitations;
for the power to apply to all transport functions or only to those functions specified or described in the regulations;
about the manner in which directions are to be given;
about the consequences arising if there is a contravention of a direction.
Provision under subsection (3)(d) may include provision enabling the STB—
to take any steps it considers appropriate to reverse or modify the effect of a constituent authority exercising a transport function in contravention of the direction, and
to recover any reasonable expenses incurred in taking those steps as a civil debt from the constituent authority.
The Secretary of State may by regulations change the boundaries of the area of an STB by—
adding the area of a relevant authority to an existing area of an STB, or
removing the area of a constituent authority from an existing area of an STB.
Regulations under this section may be made—
only if the constituent authorities have together made a proposal to the Secretary of State for the boundaries to be changed in the manner that would be provided for in the regulations;
in the case of regulations under subsection (1)(a), only if the relevant authority whose area would be added to the area of the STB joins in the making of the proposal;
in the case of regulations under subsection (1)(b), only if the resulting area of the STB meets the condition in section 102E(4).
Regulations under this section changing the boundaries of the area of an STB may be made only if the Secretary of State considers that paragraphs (a) and (b) of section 102F(1) would apply in relation to the area as varied by the regulations.
Regulations under this section may be made only with the consent of—
the STB, and
in the case of regulations under subsection (1)(a), the relevant authority whose area would be added to the area of the STB.
An STB may change its name by a resolution in accordance with this section.
The resolution must be considered at a meeting of the STB that is specially convened for the purpose.
Particulars of the resolution must be included in the notice of the meeting.
The resolution must be passed at the meeting by not less than two-thirds of the members of the STB who vote on it.
An STB which changes it name under this section must—
send notice of the change to the Secretary of State, and
publish the notice in such manner as the Secretary of State may direct.
A change of name under this section does not affect the rights or obligations of the STB or any other person, or render defective any legal proceedings.
Any legal proceedings may be commenced or continued as if there had been no change of name.
The Secretary of State may by regulations make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, regulations under this Part or for giving full effect to such regulations.
Regulations under this Part may make different provision for different STBs or otherwise for different purposes.
The provision which may be included by virtue of this section in regulations includes provision for the transfer under the regulations of property, rights and liabilities.
The provision which may be included by virtue of subsection (3) in regulations includes provision—
for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred under the regulations;
for the management or custody of transferred property;
for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement.
The provision which may be included by virtue of this section in regulations includes provision amending, modifying, repealing or revoking any enactment, whenever passed or made.
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
Regulations under this Part must be made by statutory instrument.
A statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
At the same time as laying a draft of a statutory instrument containing regulations under this Part before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.
Subsections (2) and (3) do not apply to a statutory instrument that contains regulations only of the following kinds—
regulations under section 102J that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time;
regulations under section 102J that make provision under subsection (5)(b) of that section;
regulations under section 102K that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time;
regulations under section 102K that make provision under subsection (5)(b) of that section;
regulations under section 102O(1) that make provision for the purpose mentioned in section 102O(4)(b);
regulations under section 102O(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose.
A statutory instrument to which subsections (2) and (3) do not apply is subject to annulment by resolution of either House of Parliament.
If a draft of regulations under this Part would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
In this Part—
Matter 10.1Provision for and in connection with— This does not include provision about traffic signs, apart from provision about the placing and maintenance of traffic signs within the meaning of section 177 of the Transport Act 2000. Interpretation of this field In this field— “motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts; “road” has the same meaning as in the Road Traffic Regulation Act 1984; “Welsh trunk road” means a road for which the Welsh Ministers are the traffic authority (within the meaning of section 121A of the Road Traffic Regulation Act 1984).
Information obtained by— may be disclosed to the Welsh Ministers for or in connection with the exercise of any of their functions with respect to a Welsh trunk road charging scheme or proposed such scheme.
any Minister of the Crown or government department, or
any local authority or other statutory body,
Any information which has been or could be disclosed to the Welsh Ministers under subsection (1) for or in connection with the exercise of any of their functions with respect to a Welsh trunk road charging scheme may be disclosed to any person with whom the Welsh Ministers have entered into charging scheme arrangements.
Information disclosed to a person under subsection (2)—
may be disclosed to any other person for or in connection with the Welsh trunk road charging scheme, but
may not be disclosed (either by the person to whom it is disclosed under subsection (2) or by any other person to whom it is disclosed under paragraph (a)) otherwise than for or in connection with the scheme.
The Secretary of State may charge a reasonable fee in respect of the cost of supplying information under subsection (1) or (2).
Where the Welsh Ministers ask the Secretary of State to obtain overseas registration information from an overseas registration authority with a view to the Secretary of State disclosing that information under subsection (1) or (2), the Secretary of State may charge a reasonable fee in respect of the cost of obtaining, or seeking to obtain, the information.
In this section—
“overseas registration authority” means any authority of a country or territory outside the United Kingdom with responsibility under the law of that country or territory for maintaining a register of vehicles;
Paragraph 10 is amended as follows. In sub-paragraph (1)(b) for “the opening transport plan period” substitute “the opening five year period”. For sub-paragraph (2)(b) substitute—. In sub-paragraph (3)—
Paragraph 13 is amended as follows. In sub-paragraph (1)(b) omit the words from “and comes into force” to “the commencement of this Schedule”. Omit sub-paragraph (2). In sub-paragraph (3)— In sub-paragraph (5)—
Paragraph 18 is amended as follows. In sub-paragraph (1) omit “Subject to any provision made by regulations under paragraph 16(2) above,”. In the case of a charging scheme which imposes charges in respect of a trunk road, the Secretary of State may require the scheme to include provision for the payment to the Secretary of State of such portion of the net proceeds as is— Any portion of the net proceeds paid to the Secretary of State by virtue of sub-paragraph (1A) shall be available only for application for the purpose of directly or indirectly facilitating the achievement of any policies or proposals relating to transport. In sub-paragraph (2)—
The New Roads and Street Works Act 1991 (c. 22) is amended as follows.
In section 48 (streets, street works and undertakers) after subsection (3) (meaning of “street works”) insert—.
In section 50 (street works licences) after subsection (1) (power to grant a licence to do certain works) insert—.
In section 5 of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) (vehicles authorised to be used under operator's licence)—
in subsection (6), for “a prescribed fee” substitute “ the prescribed fee (if any) ”;
in subsection (7), after “the prescribed fee” insert “ (if any) ”.
Section 263 of the TA 2000 (addition of specified vehicles to operator's licence) is amended as follows.
In the subsection (6) that is to be substituted for section 5(6) of the Goods Vehicles (Licensing of Operators) Act 1995—
in the opening words, after “is not authorised to be used under that licence by virtue of subsection (1)” insert “ on or after the relevant day ”;
in paragraph (b), for “a prescribed fee” substitute “ the prescribed fee (if any) ”.
After that subsection insert—.
Schedule 1A to the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) (detention of vehicles used without operator's licence) is amended as follows.
For paragraph 8 (power to make regulations for return of detained vehicle) substitute—.
Part 6 of the Traffic Management Act 2004 (c. 18) (civil enforcement of traffic contraventions) is amended as follows.
In section 76 (civil enforcement officers) at the end insert—.
In section 85 (prohibition of double parking) at the end insert—.
In section 86 (prohibition of parking at dropped footways etc) at the end insert—.
In section 87 (guidance to local authorities) at the end insert—.
In section 90F of the Road Traffic Offenders Act 1988 (c. 53), in the definition of “conditional offer”, after “75(3)(a)” insert “ or (3B)(a) ”.
After section 49 of the Road Safety Act 2006 (c. 49) (disclosure to foreign authorities of licensing and registration information) insert—.
After section 49A of the Road Safety Act 2006 (c. 49) insert—.
Schedule 7 contains repeals.
In this Act—
in relation to an acting traffic commissioner for a traffic area in England and Wales, the coming into force of paragraph 5A of Schedule 2 to the PPVA 1981 (which is inserted by section 4).
“the relevant commencement” means—
“function” does not include a power to make regulations or other instruments of a legislative character;
The Rates Act 1984 is amended as follows. In section 2(6) (authorities which may be designated for the purposes of section 1 of that Act) for paragraph (i) substitute—.
The Local Government Act 1988 is amended as follows. In Schedule 2 (public authorities to which section 17 of that Act applies)—
The Railways Act 1993 is amended as follows. In section 25(1) (public sector operators not to be franchisees)— In section 136(5)(a) (grants and subsidies) after “areas other than” insert “integrated transport areas and”. In section 149(5) (service of documents), in the definition of “local authority”, for “a metropolitan county passenger transport authority” substitute “an Integrated Transport Authority for an integrated transport area in England”.
The Audit Commission Act 1998 is amended as follows. In section 30(3) (meaning of “relevant authority” in relation to Passenger Transport Executives) for “Passenger Transport Authority” substitute “Integrated Transport Authority”.
The Freedom of Information Act 2000 is amended as follows. In Schedule 1 (public authorities) for paragraph 28 substitute—.
The Concessionary Bus Travel Act 2007 is amended as follows. In section 9 (variation of reimbursement and other administrative arrangements), in subsections (6)(b) and (7)(b), for “Passenger Transport Authority” substitute “Integrated Transport Authority”.
is contained in an instrument made under an Act and comes into force on or after the commencement of section 11 of that Act;
Subject to subsections (2) and (3), this Act extends to England and Wales only.
The following provisions also extend to Scotland—
sections 1 to 6;
section 47 and Schedule 3;
sections 53 and 54(1) to (7);
sections 55 and 56;
sections 57 to 61;
section 68(1) and (2);
section 72;
section 74;
section 119;
section 122;
section 125;
section 126;
section 128;
sections 129 and 130;
sections 132, 134, 135 and this section;
the repeals in Part 3 of Schedule 7 relating to sections 22 and 23 of the TA 1985, and section 131 so far as relating to those repeals.
The following provisions also extend to Northern Ireland—
section 122;
sections 129 and 130;
sections 132, 134, 135 and this section.
The following provisions of this Act come into force on the day on which this Act is passed—
section 77(10);
this Part, other than section 131 and Schedule 7;
any power under or by virtue of this Act to make regulations or an order.
Sections 55, 56, 122, 123, 124 and 127 come into force at the end of the period of 2 months beginning with the day on which this Act is passed.
Subject to subsection (4), the other provisions of this Act come into force on an appointed day.
Any repeal in Schedule 7 (and section 131 so far as relating to the repeal) comes into force in the same way as the provisions of this Act to which the repeal relates.
In this section “appointed day” means such day or days as the Secretary of State may by order made by statutory instrument appoint.
The power conferred by subsection (5) is exercisable as respects Wales by the Welsh Ministers (and not the Secretary of State) in relation to—
Part 2;
Part 3;
in Part 4, sections 64, 65(1), 68 to 71 and 75;
in Part 6, the amendments of the TA 2000.
An order under subsection (5)—
may appoint different days for different purposes;
may make incidental, consequential, supplemental or transitional provision or savings.
This Act may be cited as the Local Transport Act 2008.
Section 7
The TA 2000 is amended as follows.
“unitary district council” means a district council whose area is not part of the area of a county council.
Section 124 is amended as follows. In subsection (1A)(c) for “local transport plan” substitute “ local transport policies ”. Omit subsection (10).
Part 3 of the TA 2000 (road user charging and workplace parking levy) is amended as follows.
Section 168 is amended as follows. In subsection (2)— In subsection (4) after “joint local-London charging schemes” insert “or joint ITA-London charging schemes”.
In section 177(2) after “joint local-London charging scheme” insert “or joint ITA-London charging scheme”.
Schedule 12 is amended as follows.
In paragraph 2(4) (net proceeds) after “local traffic authority” insert “or Integrated Transport Authority”.
Paragraph 3 (apportionment) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2) after “local traffic authority” insert “or Integrated Transport Authority”.
Paragraph 7 (accounts and funds) is amended as follows. In sub-paragraph (5)(c) after “London traffic authority,” insert “or an Integrated Transport Authority,”.
Paragraph 8 (application of proceeds by non-metropolitan local traffic authorities) is amended as follows. In sub-paragraph (3) for the word “and” at the end of paragraph (a) substitute—. In sub-paragraph (4) for the word “or” at the end of paragraph (a) substitute—.
After paragraph 11 insert—.
is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or
Section 135 is amended as follows. In subsection (1) for paragraph (b) substitute—.
Section 180 is amended as follows. In subsection (2) for “policies in the licensing authorities' local transport plans” substitute “ local transport policies of the licensing authorities ”.
The Road Traffic Regulation Act 1984 is amended as follows. In Part 5 of Schedule 9 (consultation with traffic commissioners about certain orders), in paragraph 31(b)—
The Airports Act 1986 is amended as follows. In section 13(7) (application of section 13 to passenger transport authorities) for “a metropolitan county passenger transport authority” substitute “an Integrated Transport Authority for an integrated transport area in England”. In section 57(2) (airports excluded from scope of Part 5 of that Act) in paragraph (b)—
The Local Government and Housing Act 1989 is amended as follows. In section 155 (emergency financial assistance to local authorities), in subsection (4)(g), for “a metropolitan county passenger transport authority” substitute “an Integrated Transport Authority”.
The Education Act 1996 is amended as follows. In section 509AB(7) (consultation regarding transport policy statements) for “Passenger Transport Authority” substitute “Integrated Transport Authority”.
The Greater London Authority Act 1999 is amended as follows. In section 211(1) (public sector operators for the purposes of Chapter 7 of Part 4 of that Act)—
The Railways Act 2005 is amended as follows. In section 13 (railway functions of Passenger Transport Executives)— In section 33(2) (persons on whom closure requirements may be imposed) for paragraph (d) substitute—. In section 58(3) (references in Act to Passenger Transport Authority)—
Omit paragraph 9.
Paragraph 12 is amended as follows. In sub-paragraph (1) for the words from “only for application” to the end substitute—. Paragraphs 19(1) and (2), 20(1) and (5), 23(1) and (3) and 24 of Schedule 23 to that Act apply in relation to a charging scheme under this Part as they apply in relation to a charging scheme under that Schedule. In sub-paragraph (2)—
Section 46
Schedule 10 to the TA 2000 (competition test for exercise of bus functions) is amended as follows.
“Welsh trunk road charging scheme” means any scheme made by or under an Act of the National Assembly for Wales, relating to the imposition of charges in respect of the use or keeping of motor vehicles on Welsh trunk roads..
In consequence of the amendments made by this Schedule, the heading to Schedule 10 becomes—.
The Local Government Act 1972 is amended as follows. In section 236(1) (procedure etc for byelaws) for “or a metropolitan county passenger transport authority” substitute “or an Integrated Transport Authority for an integrated transport area in England”. In section 236B(1) (power to revoke byelaws) for paragraph (d) substitute—. In section 238 (evidence of byelaws) for “or a metropolitan county passenger transport authority” substitute “or an Integrated Transport Authority for an integrated transport area in England”.
Paragraph 8 is amended as follows. In sub-paragraph (1) for “any early relevant scheme during the initial period of the scheme” substitute “any relevant scheme”. Omit sub-paragraphs (5) to (7).
Paragraph 11 is amended as follows. If a relevant scheme made by one or more non-metropolitan local traffic authorities remains in force after the end of the opening five year period, the authority or each of the authorities shall, during every fifth financial year after the financial year in which the scheme comes into force, prepare a detailed programme for the application of its share of the net proceeds of the scheme during the next five years. In sub-paragraph (2) for “included in a local transport plan by virtue of sub-paragraph (1)” substitute “prepared in accordance with sub-paragraph (1)”. In sub-paragraph (3) for “the opening plan period” substitute “the opening five year period”.
In consequence of the amendments made by paragraphs 3 and 7(3), section 197 of the TA 2000 is amended as follows. In subsections (3) and (4)(b) (regulations not to be made without consent of Treasury and approval of Parliament)—
Section 47 The Schedule that is to be inserted as Schedule 2A to the PPVA 1981 is as follows— .
Section 77
The TA 1968 is amended as follows.
Section 9 (Passenger Transport Areas, Authorities and Executives) is amended as follows. In subsection (1)(a)— In subsection (1)(b) for the words from the beginning to the end of sub-paragraph (i) substitute—. In subsection (1)(c) for the words preceding sub-paragraph (i) substitute—. In subsection (2) after “The Executive for” insert “an integrated transport area or”. In subsection (3) after “the Executive for any” insert “integrated transport area or”. In subsection (4) for “the Passenger Transport Authority” substitute “the Authority”. In subsection (5) for “a passenger transport area” substitute “an integrated transport area”. In consequence of the amendments made by this Part, the heading to that section becomes “Areas, Authorities and Executives”.
Section 9A (general functions of Passenger Transport Authorities and Executives) is amended as follows. Before “passenger transport area” (in each place) insert “integrated transport area or”. In consequence of the amendments made by this Part, the heading to that section becomes “General functions of Authorities and Executives”.
In section 10 (general powers of Executive), in each of subsections (1), (3) and (5), before “a passenger transport area” insert “an integrated transport area or”.
In section 12(1) (borrowing powers of Executive) after “the Executive for” insert “an integrated transport area or”.
In section 14(1) (accounts of Executive) after “The Executive for” insert “an integrated transport area or”.
In section 15 (further functions of Authority), in subsections (1) and (6), before “a passenger transport area” insert “an integrated transport area or”.
In section 16(1) (publication of annual report by Authority and Executive) after “The Authority for any” insert “integrated transport area or”.
In section 20(2) (special duty of Executives with respect to railway passenger services) after “the Executive for” insert “an integrated transport area or”.
In section 23 (consents of, or directions by, Minister under Part 2), in each of subsections (1), (2) and (3), before “a passenger transport area” insert “an integrated transport area or”.
In consequence of the amendments made by this Part—
the heading to Part 2 of that Act becomes “Integrated Transport Areas and Passenger Transport Areas”;
in the italic cross-headings preceding sections 9 and 20, before “Passenger Transport Areas” there is inserted “Integrated Transport Areas or”.
Section 56 (assistance towards capital expenditure on public transport facilities) is amended as follows. In subsection (4)(a) after “general policies formulated by” insert “an Integrated Transport Authority or”. For subsection (6)(bb) substitute—.
In section 134(1) (duty to act in certain cases as body engaged in commercial enterprise) after “any area which is” insert “an integrated transport area or”.
Section 137 (machinery for negotiation and consultation with staff) is amended as follows. In subsection (1)(c) after “any area which is” insert “an integrated transport area or”. In subsection (3)(b)— In subsection (4) for “relevant Passenger Transport Authority” (in both places) substitute “relevant Authority”.
In section 141(1) (application of Town and Country Planning Acts) after “any area which is” insert “an integrated transport area or”.
In section 160(5) (stamp duty) after “any area which is” insert “an integrated transport area or”.
Schedule 5 (Passenger Transport Authorities and Executives) is amended as follows. In Part 2 (the Executive), in paragraph 2, after “the Authority for” (in both places) insert “the integrated transport area or, as the case may be,”. In Part 3 (matters which may be dealt with by order under section 9), in paragraph 11, after “the Executive for” insert “an integrated transport area or”. The heading to the Schedule becomes “Passenger Transport Executives”.
The TA 1985 is amended as follows.
In consequence of the amendments made by this Part—
the italic cross-heading preceding section 57 becomes “Integrated Transport Areas and Passenger Transport Areas”;
the heading to section 57 becomes “Areas, Authorities and Executives”.
In section 63(9)(b) (functions of local councils with respect to passenger transport) after “the Passenger Transport Executive for any” insert “integrated transport area or”. In consequence of the amendments made by this Part, in the heading to section 63 after “other than” there is inserted “integrated transport areas and”.
In section 64(1) (consultation with respect to policies as to services) after “with every” insert “Integrated Transport Authority,”.
Section 72 (the public transport companies and their controlling authorities) is amended as follows. In subsection (1)(a)— In subsection (1)(b) after “section 61 of this Act” insert “by the Integrated Transport Authority for any integrated transport area or”. In subsection (3)(a) after “(as the case may be)” insert “the Integrated Transport Authority or”. In subsection (5)—
In section 73(5) (control over constitution and activities of public transport companies) after “whose controlling authority are” insert “the Integrated Transport Authority for any integrated transport area or”.
In section 74(2) (disabilities of directors of public transport companies)—
for “a Passenger Transport Authority for a passenger transport area” substitute “an Integrated Transport Authority for an integrated transport area”;
for “that Passenger Transport Authority” substitute “that Integrated Transport Authority”.
Section 75 (powers of investment and disposal in relation to public transport companies) is amended as follows. In subsection (1) after “a Passenger Transport Executive,” insert “an Integrated Transport Authority,”. In subsection (4), at the beginning insert “An Integrated Transport Authority”.
Section 79 (financial backing for public transport companies) is amended as follows. In each of subsections (1), (4), (6) and (10), at the beginning insert “An Integrated Transport Authority”. In subsection (8) after “Subject to subsection (9) below,” insert “an Integrated Transport Authority,”.
In section 80 (duty not to inhibit competition) at the beginning insert “An Integrated Transport Authority or”. In consequence of the amendments made by this Part, in the heading to section 80 after “Duty of” there is inserted “Integrated Transport Authority or”.
Section 81 (provision, maintenance and operation of bus stations) is amended as follows. In subsections (1) and (3) after “Passenger Transport Executive for any” insert “integrated transport area or”.
In section 84(1)(a) (compensation for loss of employment, etc, on disposal of interest) after “any interests held by” insert “an Integrated Transport Authority,”.
Section 85 (incorporation of Passenger Transport Executives into Authorities) is amended as follows. In subsection (1)— In subsection (3)—
In section 86(1) (amendments consequential on orders under section 85) after “in relation to” insert “integrated transport areas or”.
Section 93 (travel concession schemes) is amended as follows. In subsection (8)(b)(i) for “a metropolitan county passenger transport authority” substitute “an Integrated Transport Authority for an integrated transport area”. In subsection (9)(b) for “a Passenger Transport Authority for a passenger transport area” substitute “an Integrated Transport Authority for an integrated transport area”. In subsection (10) after “Where” insert “an Integrated Transport Authority or”.
In section 95(4) (publicity requirements for schemes) after “under section 93 of this Act are” insert “an Integrated Transport Authority or”.
In section 96(3) (right of service operators to participate in concession schemes) after “with the consent of” insert “the Integrated Transport Authority or, as the case may be,”.
In section 97(10) (compulsory participation in concession schemes) after “the consent of” insert “the Integrated Transport Authority or, as the case may be,”.
Section 104 (travel concessions on services provided by PTEs) is amended as follows. In subsections (1) and (2) for “Passenger Transport Authority” (in each place) substitute “Authority”. In subsections (2) and (3) before “a passenger transport area” insert “an integrated transport area or”. After subsection (3) insert—.
In section 106(4)(a) (grants for transport facilities and services) after “any” insert “Integrated Transport Authority,”.
In section 130(3) (capital gains tax) after “from a Passenger Transport Executive to” insert “an Integrated Transport Authority or”.
In consequence of the amendments made by this Part, in the heading to section 133 for “Passenger Transport Authorities and Executives” there is substituted “Authorities and Executives”.
In section 137(5) (interpretation of references to Authorities, etc)—
for “Passenger Transport Authorities and Executives” (in both places) substitute “Integrated Transport Authorities, Passenger Transport Authorities and Passenger Transport Executives”;
before “passenger transport areas” (in both places) insert “integrated transport areas and”.
The TA 2000 is amended as follows.
In section 108(4) (meaning of “local transport authority” for purposes of Part 2 of that Act) for paragraph (c) substitute—.
Section 124 (quality contracts schemes) is amended as follows. In subsection (1A)— In subsection (1B)— In subsection (11)—
In section 146 (mandatory concessions: supplementary), in paragraph (c) of the definition of “travel concession authority”, for “a passenger transport area” substitute “an integrated transport area”.
In section 157(1) (grants) for “the Passenger Transport Authority for a passenger transport area” substitute “the Integrated Transport Authority for an integrated transport area”. In consequence of the amendments made by this Part, the heading to section 157 becomes “Grants to Integrated Transport Authorities”.
Section 162 (interpretation of Part 2) is amended as follows. In subsection (4)— In subsection (5)—
In section 198(2) (interpretation of certain references to authority’s local transport plan) for “the Passenger Transport Authority for the passenger transport area” substitute “the Integrated Transport Authority for the integrated transport area”.
The Transport Act 1983 is amended as follows. In section 1 (interpretation of Part 1 of that Act)—
The Local Government Act 1985 is amended as follows. In section 28 (metropolitan county passenger transport authorities)— In consequence of the amendments made by this Part, the heading to section 28 becomes “Integrated Transport Authorities”. In section 35(3) (disqualification of members of PTE etc) for “the metropolitan county passenger transport authority” substitute “the Integrated Transport Authority”. In section 40(3) (certain references in the Civil Aviation Act 1982 to include references to passenger transport authorities) for “a metropolitan county passenger transport authority” substitute “an Integrated Transport Authority for an integrated transport area in England”. In Schedule 10 (number of members of joint authorities) for “passenger transport authority” (in each place) substitute “Integrated Transport Authority”.
The Local Government Finance Act 1988 is amended as follows. In section 88B(9) (relevant authorities for the purposes of special grants) for paragraph (b) substitute—. In section 111(2) (relevant authorities for the purposes of Part 8 of that Act) for paragraph (i) substitute—.
The Value Added Tax Act 1994 is amended as follows. In section 33(3) (bodies entitled to refunds in certain cases) for paragraph (d) substitute—.
The Local Government Act 1999 is amended as follows. In section 1(1) (best value authorities for the purposes of Part 1 of that Act) for paragraph (h) substitute—.
The Police Reform Act 2002 is amended as follows. In Schedule 4 (police civilians), in paragraph 2 (powers of community support officers to detain, etc), for sub-paragraph (6E)(d) substitute—.
The Local Government and Public Involvement in Health Act 2007 is amended as follows. In section 104 (application of Chapter 1 of Part 5: partner authorities) for subsection (2)(i) substitute—.
In section 163(6) after “joint local-London charging schemes” insert “and joint ITA-London charging schemes”.
In section 169(3) after “joint local-London charging scheme” insert “or joint ITA-London charging scheme”.
Section 193 is amended as follows. In subsection (1) after “non-metropolitan local traffic authorities” insert “, Integrated Transport Authorities”. In subsection (2) after “joint local-London charging schemes” insert “, joint ITA-London charging schemes”.
Section 109
Section 121
Schedule 12 to the TA 2000 (financial provisions relating to road user charging and workplace charging schemes) is amended as follows.
Schedule 23 to the GLA Act 1999 (road user charging) is amended as follows.
Section 131
Short title and chapter Extent of repeal Transport Act 1968 (c. 73) In section 9A(7), the words from “and to the bus strategy” to the end. Transport Act 1985 (c. 67) In section 63— in subsection (8), the words “and to the appropriate bus strategy”, subsection (8A). Section 89(7)(b) and (8). Transport Act 2000 (c. 38) In section 108(1)(a), the words “facilities and services”. Section 109(5) and (6). Sections 110 and 111. In section 112— in subsection (1), the words “(and bus strategies)” and (in each place) “(and strategies)”, in subsection (2), “and their bus strategy”. Section 113(1) and (3). Section 124(10). Section 162(6). In section 181(2)(a), the words “the local transport plans of”. In section 198(2), the words from “and the councils” to the end. In Schedule 11, paragraphs 3(5) and 11(5) and (6). Transport (Wales) Act 2006 (c. 5) In the Schedule, paragraphs 2(3), 3(5) and (6) and 5.
Short title and chapter Extent of repeal Transport Act 2000 (c. 38) In section 116(2), the word “and” at the end of paragraph (c). In section 125(2), paragraph (c) and the word “and” preceding it. In section 126(4)(a), the words “or (as the case may be) paragraphs (a) to (d) of section 124(1A)”. Section 129(4). In section 162(4), the entry relating to section 129(4). In Schedule 10— in paragraph 2(3)(b), the word “substantial”, paragraphs 3 and 4, paragraph 10(a), paragraph 11, paragraph 16(3). Enterprise Act 2002 (c. 40) In Schedule 25, paragraph 44(12)(b), (c), (d) and (i).
Short title and chapter Extent of repeal Transport Act 1968 (c. 73) In section 10(1)— paragraph (i), in paragraph (iii), “(i) or” (in both places), in paragraph (iv), “(i),”. Section 24. Transport Act 1985 (c. 67) Section 9(3), (4) and (7) to (9). In section 22(1), in paragraph (c) of the definition of “community bus service”, the words “but not more than sixteen”. Section 23(2)(a). Section 60(2) to (4), (7) and (8). Section 74(3) to (12). Section 75(3). In section 79— subsections (3) and (7), in subsection (8), the words “, with the consent of the Secretary of State,”. Transport Act 2000 (c. 38) Section 155(2) and (4). In Schedule 11, paragraph 13. Constitutional Reform Act 2005 (c. 4) In Schedule 9, paragraph 42(2).
Short title and chapter Extent of repeal Transport Act 1968 (c. 73) In section 9(1), the words “Subject to any order under section 42(1)(c) of the Local Government Act 1985 (alteration or abolition of passenger transport areas, etc)”. Local Government Act 1985 (c. 51) In section 42(1)— the words “any of the following purposes”, paragraph (c), in paragraph (d) the words “whether or not an order is made for any of the foregoing purposes”. In section 42(3), the words “any passenger transport authority”. In Schedule 12, paragraph 3(1). In Schedule 14, paragraph 31(2). Transport Act 1985 (c. 67) Section 58(2)(a) and (4)(c). In Schedule 3, paragraph 18(c). Education Reform Act 1988 (c. 40) In Schedule 12, paragraphs 45 and 46. Transport Act 2000 (c. 38) Section 156.
Short title and chapter Extent of repeal Greater London Authority Act 1999 (c. 29) In Schedule 23— in paragraph 16(1), the words “which comes into force during the period of ten years beginning with the inception of the Authority” and “during the scheme’s initial period”, paragraph 16(2) to (4) and (7), paragraph 17(1), (2) and (6), in paragraph 18(1), the words “Subject to any provision made by regulations under paragraph 16(2) above,”, in paragraph 18(2), the words “or regulations under sub-paragraph 16(2) above”, paragraph 19(3)(a) and (4), paragraph 20(2)(a), (3) and (4), in paragraph 21(2), the words “and submit to the Secretary of State”, paragraph 21(4), paragraph 22(3), in paragraph 22(4), the words “and approved” (in both places), in paragraph 23(2), the words “and approved”, in paragraph 24(3)(c), the words from “and, if approved” to the end, paragraph 24(6)(a) and (7), in paragraph 24(10), the words “prepared and approved” in the second place. Transport Act 2000 (c. 38) In section 166(2)(a), the words “the local transport plans of”. Section 169(5). In section 170(5), paragraph (b) and the word “and” preceding it. In section 171(5), the word “and” at the end of paragraph (d). In section 197(3) and (4)(b), the words “9(1) or”. In Schedule 12— paragraph 8(5) to (7), paragraph 9, paragraph 12(2)(a), in paragraph 13(1)(b), the words from “and comes into force” to “the commencement of this Schedule”, paragraph 13(2).