Legalize / United Kingdom / Public General Act

Transport Act 1968

Type Public General Act

Publication 1968-10-25

Last updated 2024-05-07

State In force

Department Statute Law Database

Source legislation.gov.uk

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Reform history JSON API

(b) any appeal under paragraph 5 of this Schedule arising out of the application,

are disposed of, without prejudice however to the exercise in the meantime of the powers conferred by paragraph 4 of this Schedule.

Revocation and suspension

4

(1) Subject to the provisions of this paragraph, any licensing authority may direct that a transport manager's licence be revoked or suspended on the ground that the holder of the licence—

(a) has been convicted of an offence specified in regulations : or

(b) has by his act or omission contributed to the giving of a direction under section 69 of this Act in relation to an operator's licence held by him, by a person in whose employment he is, by a company of which he is a director or by a person in partnership with whom he operated the authorised vehicles ;

and during any time of suspension the transport manager's licence shall be of no effect.

(2) A licensing authority shall not give a direction under sub-paragraph (1) of this paragraph in respect of any licence unless he is satisfied that, owing to the frequency with which the holder of the licence has been guilty of offences, acts or omissions which are grounds for the giving of such a direction or to the facts of the particular case being for any other reason sufficiently serious, such a direction should be given.

(3) Where a licensing authority directs that a transport manager's licence be revoked the authority may order the person who was the holder thereof to be disqualified, indefinitely or for such period as the authority thinks fit or until he has, since the date of the order, passed the appropriate test mentioned in paragraph 2(3)(c) of this Schedule, from holding or obtaining any, or any specified class of, transport manager's licence ; and so long as the disqualification is in force—

(a) notwithstanding anything in paragraph 2 of this Schedule, no transport manager's licence or, as the case may be, no such licence of the specified class shall be granted to him and any such licence obtained by him shall be of no effect; and

(b) if he applies for or obtains such a licence he shall be liable on summary conviction to a fine not exceeding £50.

(4) A licensing authority who has made an order under sub-paragraph (3) of this paragraph may, in such circumstances as may be prescribed, cancel that order.

(5) A licensing authority shall not exercise any of his powers under sub-paragraph (1) or (3) of this paragraph in respect of any licence or the holder of any licence without first holding an inquiry, if the holder of the licence requests him to do so.

(6) A licensing authority may direct that any direction or order given or made by him under sub-paragraph (1) or (3) of this paragraph shall not take effect until the expiration of the time within which an appeal may be made to the Transport Tribunal against the direction or order and, if such an appeal is made, until the appeal has been disposed of; and if the licensing authority refuses to give a direction under this sub-paragraph the holder of the licence may apply to the tribunal for such a direction, and the tribunal shall give its decision on the application within fourteen days.

Rights of appeal

5

A person who—

(a) being an applicant for a transport manager's licence, is aggrieved by the refusal of the application ; or

(b) being the holder of such a licence, is aggrieved by any direction or order of a licensing authority under paragraph 4(1) or (3) of this Schedule,

may appeal to the Transport Tribunal.

Regulations

6

(1) The Minister may make regulations for any purpose for which regulations may be made under the foregoing provisions of this Schedule and for prescribing anything which may be prescribed thereunder and generally for the purpose of carrying those provisions into effect and may, in particular, by regulations—

(a) make provision with respect to the test mentioned in paragraph 2(3)(c) of this Schedule and, in particular, the nature of the test, the qualifications, selection, appointment and removal of the persons by whom the test may be conducted, and evidence of the results of the test;

(b) require applicants for that test to have such qualifications, experience and knowledge as may be prescribed ;

(c) require the payment of a fee of a prescribed amount by a person who applies for that test and provide for the repayment of any such fee in the prescribed circumstances;

(d) provide for any question whether that test has in any particular case been properly conducted in accordance with the regulations to be determined by a magistrates' court or, in Scotland, the sheriff, and enable the court or the sheriff, on making such a determination, to exercise such powers as may be prescribed;

(e) provide that a person submitting himself for, but failing to pass, that test shall not be eligible to submit himself for another test before the expiration of a prescribed period, except under an order made by a court or sheriff by virtue of paragraph (d) of this sub-paragraph ;

(f) make provision for preventing a person holding more than one transport manager's licence of the same class and for facilitating the identification of holders of such licences;

(g) make provision with respect to applications for and the issue of transport managers' licences ;

(h) make provision with respect to the custody and production of transport managers' licences and require the return to a prescribed licensing authority of any such licence which has expired or been revoked or suspended;

(i) provide for the issue of a new transport manager's licence in place of a licence lost or defaced on payment of the prescribed fee;

and different provision may be made by the regulations for different cases.

(2) Any person who contravenes a provision of regulations under this paragraph, a contravention of which is declared by the regulations to be an offence, shall be liable on summary conviction to a fine not exceeding £20.

Power to modify foregoing provisions

7

(1) The Minister may by regulations modify the foregoing provisions of this Schedule in any respect, or substitute for any of them such other provisions relating to transport managers' licences as may be specified in the regulations.

(2) Regulations under this paragraph may make different provision for different cases and may contain such transitional and supplementary provisions as the Minister thinks necessary or expedient.

(3) Regulations under this paragraph shall not increase any penalty specified in the foregoing provisions of this Schedule as originally enacted or create any offences other than offences punishable on summary conviction with a fine not exceeding £50 or any lesser amount specified in the regulations.

SCHEDULE 10

Part I

PART II — AMENDMENTS AS FROM APPOINTED DAY FOR PURPOSES OF S. 94(8)

SCHEDULE 11

SCHEDULE 12

Part I — Commercial Waterways

The main navigable channels of the following waterways:—

Part II — Cruising Waterways

The main navigable channels of the following waterways:—

SCHEDULE 13

Preliminary

1

(1) Before making an order under section 104(3), 105(3) or 112 of this Act the Minister shall comply with the requirements of this Schedule applicable to that order and may then make the order as originally proposed or with such modifications as he thinks fit.

(2) Before making an order under section 104(3), 105(3A) or 112 the Scottish Ministers shall comply with the requirements of this Schedule applicable to that order and may then make the order as originally proposed or with such modifications as they think fit and in the case of such an order any reference in this Schedule (however expressed) to the Minister is to be construed as a reference to the Scottish Ministers.

Consultation

2

(1) In the case of a proposed order under section 104(3) adding to or reducing the waterways in Part I of Schedule 12 to this Act, the Minister shall consult with Canal & River Trust, where the waterway in respect of which the order is to be made is in England or Wales, and with any organisation appearing to him to represent persons operating, or (in relation to a waterway which is to be added) desiring to operate, commercial freight-carrying vessels on the waterway in respect of which the order is to be made.

(2) In the case of a proposed order under section 104(3) adding to or reducing the waterways in England or Wales in Part 2 of that Schedule, the Minister shall consult with Canal & River Trust.

3

In the case of a proposed order under section 105(3)—

(a) in respect of a commercial waterway or any part thereof, the Minister shall consult—

(i) with any organisation appearing to him to represent persons operating commercial freight-carrying vessels on that waterway or part; ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In the case of a proposed order under section 112 in respect of a canal or part of a canal (within the meaning of that section) which appears to the Minister to be used to a significant extent for the purpose of navigation, the Minister shall consult with any organisation appearing to him to represent persons using it as aforesaid.

Publication of proposed orders and consideration of objections

5

(1) In the case of a proposed order under section 104(3), 105(3) or (3A) or 112 in respect of any waterway the Minister shall—

(a) publish in the London Gazette (or, if the waterway is situated in Scotland, the Edinburgh Gazette), in a national newspaper and in one or more local newspapers circulating in the area in which the waterway is situated; and

(b) cause to be displayed in one or more places adjacent to the waterway,

a notice containing a statement—

(i) of the general effect of the proposed order; and

(ii) that objections to the order can be made to him within such time (not being less than twenty-eight days) and in such manner as is specified in the notice;

and shall consider any such objection which is duly made and not withdrawn, and, if he has caused an inquiry to be held in connection with the proposed order, the report of the person holding it.

(2) The holding of an inquiry shall be obligatory—

(a) in connection with—

(i) a proposed order under section 104(3) removing a waterway from Part I of Schedule 12 to this Act, or removing a waterway from Part II of that Schedule without adding it to Part I thereof;

(ii) a proposed order under section 105(3) or (3A);

(ii) a proposed order under section 112,

if an objection is duly made to the proposed order (and is not withdrawn) Canal & River Trust, where the waterway in respect of which the order is to be made is in England or Wales, by a local authority or Scottish Water ;authority or the National Rivers Authority

(b) in connection with any such proposed order as aforesaid relating to a waterway which appears to the Minister to have been used to a significant extent for the purpose of navigation at the time when notice of the proposed order was published, if an objection is duly made to the proposed order (and is not withdrawn) by any organisation appearing to him to represent a substantial number of persons using it as aforesaid at that time.

(3) In this paragraph “waterway” means, in relation to an order under section 104(3) or 105(3) or (3A), the waterway or part thereof in respect of which the order is to be made and, in relation to an order under section 112, the canal or part thereof (within the meaning of that section) in respect of which the order is to be made.

Interpretation

6

In this Schedule “cruising craft” has the meaning assigned by section 105(1)(b) of this Act.

SCHEDULE 14

PART I — Subsections to be Inserted in Section 1

PART II — Section to be Inserted after Section 26

PART III — Section to be Inserted after Section 56

PART IV — Amendments of Sections 35 to 40

1

For section 35(1) there shall be substituted the following:—

(1) Subject to sections 84A, 84B and 84C of this Act, the following authority, namely— (a) as respects any part of Greater London, the Greater London Council on the application of the local authority; (b) as respects any other area, the local authority with the consent, if they are not the highway authority for the highway in question, of that highway authority, may by order designate parking places on highways in the local authority's area for vehicles or vehicles of any class) specified in the order, and the local authority may make charges for vehicles left in any parking place so designated of such amount as is prescribed under section 36 of this Act.

2

In section 35(2), for the words " the Minister " there shall be substituted the words " the authority concerned " and for the word " he " there shall be substituted the words " that authority ".

3

In section 35(3), for the words " a local authority of their" there shall be substituted the words " any authority of ".

4

In section 35(4), after the words " London borough" there shall be inserted the words " or, in Scotland, a county council or a town council ".

5

For section 35(5) to (7) there shall be substituted the following :—

(5) If it appears to the Greater London Council, without any application being made by the local authority, that it is expedient that parking places be designated under this section on highways at any sites in Greater London, then, subject to sections 84A, 84B and 84C of this Act, they may by order designate those parking places for vehicles or vehicles of any class specified in the order, and may make charges for vehicles left in any parking place so designated of such amount as is prescribed under section 36 of this Act; and— (a) in relation to parking places designated by virtue of this subsection references in sections 36 and 37 of this Act to the local authority shall be construed as references to the Greater London Council; (b) if the Greater London Council enter into an agreement with the local authority for the transfer to the local authority of the operation of any parking place so designated, the operation thereof, and such apparatus or other things held by, and rights or liabilities of, the Greater London Council in connection with the parking place as may be specified in the agreement, shall be transferred as from such date and on such terms (including terms as to the making of payments to or by the Greater London Council) as may be so specified ; (c) from the taking effect of any such transfer of the operation of a parking place the order designating the parking place shall have effect subject to such modifications (if any) as the Greater London Council may direct, being modifications appearing to them requisite in consequence of the transfer, and the provisions of this section and sections 36, 37, 42 and 44 of this Act shall thereafter apply as if the parking place had been designated by order made on the application of the local authority. (6) Where an order has been made under paragraph (a) of subsection (1) above on the application of a local authority, an order under that paragraph by virtue of section 84D(1) of this Act varying or revoking the first-mentioned order may be made without such an application. (7) Subject to sections 84A, 84B and 84C of this Act, in any case where it appears to the authority concerned to be expedient so to do having regard to any objections duly made in respect of proposals made by that authority for a designation order or, where that authority are the Greater London Council, in respect of an application made to that Council for such an order, they may, if they think fit, make an interim order pursuant to the proposals or application in respect of any one or more of the sites affected or in respect of any part of any of those sites and postpone for further consideration the making of any further order in pursuance of the proposals or application.

6

In section 36(1), for the words from the beginning to " section 35 of this Act" there shall be substituted the words " Subject to sections 84A, 84B and 84C of this Act, the authority by whom a designation order is made shall by order prescribe any charges to be paid for vehicles left in a parking place designated by tile order ".

7

In section 36(2), for the words from the beginning to " section 35 of this Act" there shall be substituted the words " Subject to the said sections 84A, 84B and 84C, the authority by whom a designation order is made may by order make such provision as may appear to that authority to be necessary or expedient for regulating or restricting the use of any parking place designated by the order ".

8

In section 36(2)(e), for the words " of the appropriate Minister " there shall be substituted the words " relating to the parking place ".

9

In section 37(3)—

(a) for the words from the beginning to "Minister" there shall be substituted the words " Subject to sections 84A, 84B and 84C of this Act, the authority by whom a parking place is designated under section 35 of this Act ";

(b) for the words " a parking place designated under section 35 of this Act" and for the words " such a parking place " in both places where they occur there shall in each case be substituted the words " the parking place ".

10

In section 37(5), at the end there shall be added the words " and in this subsection the expression ' prescribed' means prescribed by order of the appropriate Minister made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and the power to make an order under this subsection shall include power to make an order varying or revoking any previous order thereunder ".

11

In section 39(1), for the words "appropriate Minister considers " there shall be substituted the words " authority making the order may consider ".

PART V — Sections to be Inserted after Section 84

PART VI — Consequential Amendments

1

In each of the following provisions, namely sections 1(1), 6(1), 9(1), 28(1), 31(1), 73(3) and 74(1), at the beginning there shall be inserted the words " Subject to sections 84A, 84B and 84C of this Act ".

2

In section 1(1), for the words "this and the four next following sections" there shall be substituted the words " this section and section 5 of this Act ".

3

In section 1(3), for the words " subsection (4)" there shall be substituted the words " subsections (3A) and (4) ".

4

After section 1(8) there shall be added the following subsection :—

(9) If any local Act contains any provision extending the powers conferred by section 26 of the Road Traffic Act 1960 in the application of that section to the area of any local authority, the appropriate Minister, after consultation with that local authority, may by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, repeal any provision of that local Act which appears to that Minister to be unnecessary, or make any other amendments to that local Act which appear to that Minister to be required, in consequence of the provisions of Part IX of the Transport Act 1968 ; and the power to make an order under this subsection shall include power to make an order varying or revoking any previous order thereunder.

5

In section 5(1), for the words from the beginning to "jointly" there shall be substituted the words " Without prejudice to sections 84A, 84B and 84C of this Act, section 1(5), so far as it relates to vehicles, section 1(6) and section 28(2)(a) of this Act shall not apply to any order made under the said sections 1 and 28 jointly ".

6

In section 5(3)—

(a) for the words from the beginning to " he is " there shall be substituted the words " No authority shall make an order by virtue of subsection (1) above unless they are ";

(b) in paragraph (c), for the word " him " there shall be substituted the words " the appropriate Minister ".

7

In section 7(2), for the words " the said section 6 " there shall be substituted the words " section 6 of this Act ".

8

In section 8(1)—

(a) for the words from the beginning to "police and" there shall be substituted the words " Without prejudice to subsection (1) and to any regulations under subsection (4) of section 84C of this Act, before making any order under section 6 of this Act otherwise than in pursuance of a direction given by the Minister under section 84A(1) thereof, the Greater London Council (hereafter in this section referred to as " the Council") shall consult" ;

(b) at the end there shall be added the words " and, if the order is required to be submitted to the Minister for his consent under section 84B(2) of this Act, the Council shall so consult before so submitting it. "

9

In section 9(1), for the words " this section" there shall be substituted the words " this subsection ".

10

For section 9(10) there shall be substituted the following:—

(10) Section 1(3B) or, as the case may be, section 6(4) of this Act shall apply in relation to an experimental traffic order as it applies in relation to an order under the said section 1 or 6.

11

In section 11(2), at the end there shall be added the words " but the Minister shall not give such a direction unless he is satisfied, having regard to any matters appearing to him to be relevant, that the Council's duty under section 84(1) of this Act is not being satisfactorily discharged by the Council and that the giving of the direction is necessary in order to secure compliance with that duty. "

12

In section 15(1), after the word "below" there shall be inserted the words " and to sections 84A, 84B and 84C of this Act ".

13

In section 15(4)—

(a) for the words from the beginning to " aforesaid and " there shall be substituted the words " Without prejudice to subsection (1) and to any regulations under subsection (2) of section 84C of this Act, before making any order under subsection (1) above otherwise than in pursuance of a direction given by the Minister under section 84A(1) of this Act, the local authority ";

(b) at the end there shall be added the words " and, if the local authority's area is situated wholly or partly within an area designated under section 9(1) of the Transport Act 1968, with the Executive for that area; and if the order is required to be submitted to the Minister for his consent under section 84B(1) of this Act, the local authority shall so consult before so submitting it. "

14

In section 20, at the end there shall be added the following subsection—

(4) The foregoing provisions of this section shall have effect subject to the provisions of any order for the time being in force under section 25 of the Civic Amenities Act 1967.

15

In section 26(1), at the beginning there shall be inserted the words " Subject to sections 84B and 84C of this Act ".

16

For section 26(5) there shall be substituted the following:—

(5) Without prejudice to section 84D of this Act, the appropriate Minister may at any time after giving notice in writing to the authority by whom an order under the foregoing provisions of this section was made, and after holding, if he thinks fit, a public inquiry, by order under this subsection, vary or revoke the authority's order.

17

In section 27, after the words " section 26 " there shall be inserted the words " or 26A ".

18

In section 33(1) at the beginning there shall be inserted the words " Subject to subsection (1A) below and to sections 84A, 84B and 84C of this Act ".

19

After section 33(1) there shall be inserted the following subsection :—

(1A) Without prejudice to subsection (1) and to any regulations under subsection (2) or (4) of section 84C of this Act, before making an order under subsection (1)(a) above otherwise than in pursuance of a direction given by the Minister under section 84A(1) of this Act, the local authority shall consult— (a) with the appropriate traffic commissioners; and (b) if the local authority's area is situated wholly or partly within an area designated under section 9(1) of the Transport Act 1968, with the Executive for that area; and, if the order is required to be submitted to the Minister for his consent under section 84B of this Act, the authority shall so consult before so submitting it.

20

In section 33(5), for the words from the beginning to " consult with " there shall be substituted the words " In this section, the expression ' the appropriate traffic commissioners' means ".

21

In section 41(1), for the words " of Schedule 4 to this Act" there shall be substituted the words " of section 84A, 84B or 84C of this Act or of any regulations made under the said section 84C ".

22

In section 42(8)—

(a) after the words " a local authority " there shall be inserted the words " or the Greater London Council ";

(b) for the words " for which they are the local authority" there shall be substituted the words " controlled by them ".

23

In each of sections 44(5), 52(5) and 85(2), for the words " sections 35(5) and 38" there shall be substituted the words " section 35(5) ".

24

In section 45(1)—

(a) for the words from the beginning to " cover " there shall be substituted the words " Where by virtue of section 84A(2) of this Act a parking place has been designated under section 35 of this Act by a Minister, that Minister may make grants out of moneys provided by Parliament towards the cost of the provision and maintenance of off-street parking places, whether in the open or under cover, or for any purpose such as is mentioned in section 44(3)(d) (i) or (ii) of this Act ";

(b) for the words " designated under section 35(5) of this Act" there shall be substituted the words " designated by him under the said section 35 ".

25

In section 52, at the end there shall be added the following subsection:—

(10) The foregoing provisions of this section shall have effect subject to the provisions of any order for the time being in force under section 25 of the Civic Amenities Act 1967

26

In section 53, at the end there shall be added the following subsection:—

(5) The foregoing provisions of this section shall have effect subject to the provisions of any order for the time being in force under section 25 of the Civic Amenities Act 1967

27

In section 67, after the sectional reference " 56 " there shall be inserted the sectional reference " 56A ".

28

In section 82(3), after the sectional reference " 26(1)" there shall be inserted the sectional reference " 26A(1) ".

29

In section 84(3), for the words from the beginning to "this Act" there shall be substituted the words " Where the Greater London Council or any other local authority are authorised or required by or under any provision of this Act to hold an inquiry for the purpose of any of their functions, any person appointed by that council or authority to hold the inquiry ".

30

In section 87, for the sectional references " 25, 26 or 80 " there shall be substituted the sectional references " 25, 80 or 84C ".

31

In section 94(1) after the sectional reference " 26(6) " there shall be inserted the sectional reference " 26A(5) ".

32

In Schedule 8, in paragraph 7, for the words from the beginning to " sub-paragraph (a) above " there shall be substituted the words " References in any order made by the Minister under section 7(4) of the Roads Act 1920 ".

33

In Schedule 8, at the end there shall be added the following new paragraphs:—

(14) Any order made or having effect as if made by any Minister under this Act as originally enacted, being an order made under a power which, apart from section 84A(2) of this Act, is as a result of the provisions of Part IX of the Transport Act 1968 no longer exercisable by that Minister, shall continue in force as if made by virtue of the said section 84A(2) in exercise of the power of the Greater London Council or some other local authority to make an order for the like purpose after that date conferred on that Council or other authority by this Act as amended by the said Part IX. (15) Where any provision of this Act as originally enacted which conferred a power to make orders is repealed by the Transport Act 1968, any order made or having effect as if made in pursuance of that power and in force immediately before the date of the repeal shall continue in force as if made in pursuance of the corresponding power conferred by this Act as amended by that Act. (16) Subject to paragraph 17 of this Schedule, anything begun or falling to be treated as having been begun under this Act before the date of the coming into force of, or of any relevant instrument made under, any relevant provision of Part IX of the Transport Act 1968, so far as not completed before that date, may be continued and completed in accordance as nearly as may be with the provisions of, or of any relevant instrument made under, this Act as amended by any relevant provision of that Act. (17) (1) Where an order under any provision of this Act as originally enacted does, but the like order under that provision as amended by the Transport Act 1968 does not, require the confirmation or consent of the appropriate Minister, and at the date when that amendment comes into force— (a) an application has been made to the appropriate Minister for his confirmation, or, as the case may be, for his consent to the making, of such an order ; or (b) notice of a proposal to make such an order has been published stating that objections may be made to the appropriate Minister, and in either case that Minister has not yet given or refused his confirmation of or consent to the order, then, without prejudice to the right of the authority so submitting the order or proposals to withdraw their application for that Minister's confirmation or consent, that order shall not be brought into force or, as the case may be, made except with the consent of that Minister. (2) The appropriate Minister may make regulations as respects any order requiring his consent under this paragraph for any of the like purposes as those for which regulations are required or authorised to be made under section 84C (2) or (4) of this Act and for regulating the procedure to be followed in connection with any such withdrawal of an application as aforesaid and subsection (4) of section 84B of this Act shall apply to any order submitted to the appropriate Minister for his consent under this paragraph as it applies to an order so submitted under that section. (3) In relation to an order under section 15 or 33 of this Act, references in this paragraph to the appropriate Minister shall, notwithstanding anything in section 104(1) or section 108 of this Act, be construed as references to the Minister of Transport. (18) Where any order made or having effect as if made under section 35 or 36 of this Act includes any provision made by virtue of section 26 of the Greater London Council (General Powers) Act 1967, that provision shall continue to have effect as if made by virtue of the said sections 35 and 36 as amended by section 127 of the Transport Act 1968.

SCHEDULE 15

PART I

The Council

1

The Council shall be a body corporate with perpetual succession and a common seal.

2

The Council shall consist of not less than four nor more than six members appointed by the Minister, and the Minister shall appoint one of those members to be chairman and another of those members to be deputy chairman of the Council.

3

(1) Each member of the Council shall hold and vacate office in accordance with the terms of his appointment, but notwithstanding anything in those terms he may at any time resign his office by notice in writing to the Minister.

(2) A person who has held office as a member of the Council shall be eligible for reappointment.

4

(1) The Council—

(a) shall pay to a person holding office as chairman, deputy chairman or other member of the Council such remuneration in respect of that office as the Minister may, with the approval of the Treasury, determine and such reasonable allowances as may be so determined in respect of expenses properly incurred by that person in the performance of his functions;

(b) in the case of such members as the Minister may, with the approval of the Treasury, determine, shall pay such pensions or make such payments towards the provision of pensions to or in respect of those members as he may with the like approval determine in the case of those members respectively.

(2) The Minister shall, as soon as possible after appointing any person to the office of chairman, deputy chairman or other member of the Council, lay before each House of Parliament a statement of the remuneration that is or will be payable to that person under sub-paragraph (1) of this paragraph; and, if a subsequent determination by him under that sub-paragraph involves a departure from the terms of the said statement, or if a determination by him under that sub-paragraph relates to the payment of, or to payments towards the provision of, a pension to or in respect of a member of the Council, the Minister shall as soon as possible after the determination lay a statement thereof before each House of Parliament.

5

The Council may act notwithstanding a vacancy amongst their members, and no act of the Council shall be deemed to be invalid by reason only of a defect in the appointment of any of their members.

6

In the case of an equality of votes at a meeting of the Council the chairman of the meeting shall have a second or casting vote.

7

Subject to the foregoing provisions of this Schedule and to any directions given from time to time by the Minister, the Council may determine their own quorum and procedure.

8

(1) Subject to any directions given from time to time by the Minister, the Council shall appoint a secretary and may appoint such other officers, and such servants, as the Council may determine.

(2) The Council shall—

(a) pay to their officers and servants such remuneration as they may determine, and

(b) as regards any officers or servants in whose case it may be determined by the Council with the approval of the Minister so to do, pay such pensions, or make such payments towards the provision of pensions, to or in respect of them, or provide and maintain for them such pension schemes (whether contributory or not), as may be so determined.

9

The application of the seal of the Council shall be authenticated by the signature of the secretary of the Council or some other person authorised by the Council, either generally or specially, to act for that purpose.

PART II

Borrowing powers and accounts of Council

10

(1) The Council may borrow from the Minister, but not from any other person, such sums as the Council may require for meeting their obligations or discharging their functions under section 143 of this Act.

(2) Any loans by the Minister under this paragraph shall be made out of moneys provided by Parliament: and any such loans shall be repaid to the Minister at such times and by such methods, and interest thereon shall be paid to him at such rates and at such times, as he may with the approval of the Treasury from time to time direct.

(3) Any sums received by the Minister under this paragraph shall be paid into the Consolidated Fund.

11

The Council—

(a) shall cause proper accounts and other records in relation thereto to be kept, and

(b) shall prepare an annual statement of accounts in respect of such accounting period, in such form, and containing such particulars, compiled in such manner, as the Minister may from time to time direct with the approval of the Treasury.

12

(1) The accounts of the Council shall be audited by an auditor or auditors appointed annually by the Minister; and any auditor so appointed shall be entitled to require from any officer of the Council such books, deeds, contracts, accounts, vouchers, receipts and other documents, and such information and explanations, as may be necessary for the performance of his duties.

(2) A person shall not be appointed auditor as aforesaid unless he is a member, or is a firm in Scotland each of the partners wherein is a member, of one or more of the following bodies, namely—

the Institute of Chartered Accountants in England and Wales;

the Institute of Chartered Accountants of Scotland ;

the Association of Certificated and Corporate Accountants;

the Institute of Chartered Accountants in Ireland ;

any other body of accountants established in the United Kingdom and for the time being recognised for the purpose of section 161(1)(a) of the Companies Act 1948 by the Board of Trade.

13

So soon as the accounts of the Council have been audited as aforesaid, the Council shall send to the Minister, and the Minister shall cause to be laid before Parliament, a copy of the statement of accounts referred to in paragraph 11(b) of this Schedule, together with a copy of the report made by the auditor or auditors on that statement.

SCHEDULE 16

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In the Regulation of Railways Act 1871, references to a railway company or a company as defined by that Act shall include references to the Freight Corporation.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

(1) The power to make bylaws conferred by subsection 2 of section 67 of the Act of 1962 shall be exercisable ... by the Railways Board ....

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of the said section 67, railways, railway premises, or officers and servants of, or ships (or hovercraft) operated by, a wholly owned subsidiary of the Railways Board ... ... shall be deemed to be railways, railway premises, or officers and servants of, or ships (or hovercraft) operated by, that Board ... ....

5

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Railways Board may make an agreement with the Scottish Group for making available to that Group or to any wholly-owned subsidiary of that Group for such period, to such extent and on such terms as may be specified in the agreement, the services of the British Transport Police Force, that is to say, the force organised under the scheme set out in the Schedule to the British Transport Police Force Scheme 1963 (Approval) Order 1964 made under section 69 of the Act of 1962.

(3) Where such an agreement has been made members of the said Police Force may act, in accordance with the terms of the agreement, as constables in, on and in the vicinity of any premises of the Scottish Group or, as the case may be, the subsidiary in question notwithstanding the provisions of section 53(1) of the British Transport Commission Act 1949 (which restricts them to so acting in, on and in the vicinity of premises belonging to, leased to or worked by one of the Boards).

(4) The Minister, after consultation with the Boards and the Scottish Group, may by order make such adaptations in the said scheme and in sections 69 to 71 of the Act of 1962 as appear to him expedient to enable that scheme and those sections to have effect as respects any period after the making of the order as if that Group were one of the Boards.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

(1) The references to be substituted—

(a) as mentioned in Part I of Schedule 2 to the Act of 1962 in the provisions specified in sub-paragraph (2) of this paragraph; or

(b) as mentioned in Part III of that Schedule in the provisions specified in sub-paragraph (3) of this paragraph,

shall in each case include a reference. . . to any wholly-owned subsidiary. . . of any of the Boards.

(2) The provisions referred to in sub-paragraph (1)(a) of this paragraph are—

(a) section 41(3) of the Criminal Justice Act 1948;

(b) section 22 of the Diseases of Animals Act 1950;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The provisions referred to in sub-paragraph (1)(b) of this paragraph are—

(a) sections 54, 55, 56 and 57 of the British Transport Commission Act 1949;

(b) section 18 in the Schedule to the British Transport Commission Order Confirmation Act 1953;

(d) section 24 of the British Transport Commission Act 1954.

(4) In section 23 of the British Railways Act 1964 (which provides for the aforesaid section 54 of the British Transport Commission Act 1949 to continue in force in its application to the Railways Board) and in any enactment passed after this Act which provides for the said section 54 so to continue in force for a further period, the reference to the Railways Board shall be construed as a reference to the Railways Board, the Freight Corporation and any wholly-owned subsidiary of that Board or Corporation.

8

(1) In the Harbours Act 1964—

(a) in section 30(1), for paragraph (b) there shall be substituted the following:—

(b) by virtue of section 43 of the Transport Act 1962 by any of the Boards at a harbour which, in the exercise and performance of statutory powers and duties, that Board are engaged in improving, maintaining or managing, except where the Board in question are the British Transport Docks Board, the British Railways Board or the British Waterways Board and the harbour in question is not specified in Schedule 9 to that Act

;

(b) in section 30(4) the words “(other than any of the Boards)” and the words from “or by” to “1962” shall cease to have effect;

(c) in section 36(a) for the words “any of the Boards” there shall be substituted the words “ the British Transport Docks Board, the British Railways Board or the British Waterways Board ”;

(d) in section 57(1)—

(i) at the end of the definition of “the Boards” there shall be added the words “ and includes the National Freight Corporation, the Scottish Transport Group and any subsidiary within the meaning of the Transport Act 1968 of any of those Boards or of that Corporation or Group ”;

(ii) in the definition of “marine work” for the words “vested in any of the Boards or” there shall be substituted the words “ which is vested in any of the Boards other than the Scottish Transport Group or a subsidiary within the meaning of section 154 of the Companies Act 1948 of that Group or which is ”.

(2) In any case where, by virtue of sub-paragraph (1)(d)(i) of this paragraph, the Board within the meaning of section 41 of the Docks and Harbours Act 1966 are a subsidiary of one or more of the Docks Board, the Railways Board, the Waterways Board,. . . and the Scottish Group, that section shall be construed as if—

(a) any reference therein otherwise than in subsection (1) thereof to the Board were a reference to the body, or to each respectively of the bodies, of which the Board within the meaning of that section are a subsidiary; and

(b) the property, rights and liabilities transferred by the order or scheme in question from the subsidiary were, to an extent proportionate to the extent of the interest of that body in the subsidiary, property, rights and liabilities so transferred from that body.

(3) The said section 41 shall have effect with the substitution—

(a) in subsection (2)(b)—

(i) for the words “as determined under section 39 of the Transport Act 1962” of the words “ under section 39 of the Transport Act 1962 or Schedule 2 to the Transport Act 1968 ”;

(ii) for the words “that Act” of the words “ the Transport Act 1962 ”;

(b) in subsection (3)—

(i) for the words “section 39 of the said Act of 1962” of the words “ the said section 39 or Schedule 2 ”;

(ii) for the words “section 20 of that Act” of the words “ the said section 20 ”.

(4) In any application of the said section 41 to the Scottish Group or to any other body in the capacity of a subsidiary of that Group, any reference to the Minister shall be construed as a reference to the Secretary of State.

9

In the Building Control Act 1966, in the Schedule, for the entry beginning “Any subsidiary” there shall be substituted the following:—

The National Freight Corporation. The National Bus Company. The Scottish Transport Group. Any subsidiary (as defined in the Transport Act 1968) of any of the bodies mentioned above.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 17

Part I

Provisions extending to Northern Ireland

Part II

Modifications

1

In section 10(1)(xxix), the reference to Parliament shall include a reference to the Parliament of Northern Ireland.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In section 135(4)(b), for the reference to a tribunal established under section 12 of the Industrial Training Act 1964 there shall be substituted a reference to a tribunal established under section 13 of the Industrial Training Act (Northern Ireland) 1964.

4

In section 137(3)(a) and (4), the references to the Secretary of State for Employment and Productivity shall, in relation to agreements affecting persons employed in Northern Ireland by an authority to whom that section applies, include a reference to the Ministry of Health and Social Services for Northern Ireland.

5

In section 160, references to sections 12 and 112 of the Stamp Act 1891, section 12 of the Finance Act 1895 and section 8 of the Finance Act 1899 shall be construed as including references to those sections as they apply in relation to stamp duties chargeable in Northern Ireland; and for the purposes of the application of the said section 160 in relation to those duties, references to the Commissioners of Inland Revenue shall be construed as references to the Ministry of Finance for Northern Ireland.

6

In Schedule 4, in paragraph 2(4), the reference to the Secretary of State for Employment and Productivity shall, in relation to agreements affecting persons employed in Northern Ireland, include a reference to the Ministry of Health and Social Services for Northern Ireland.

7

In Schedule 4, in paragraph 3, for the reference to section 64 of the Law of Property Act 1925, there shall be substituted a reference to section 9 of the Conveyancing Act 1881.

8

An arbitrator for the purposes of paragraph 13(3) of Schedule 4 shall, where the proceedings are to be held in Northern Ireland, be appointed by the Lord Chief Justice of Northern Ireland.

9

References to enactments or statutory provisions include references to enactments of the Parliament of Northern Ireland and provisions, whether of a general or special nature, contained in, or in any document made or issued under, any Act of the Parliament of Northern Ireland, whether of a general or a special nature.

SCHEDULE 18

PART I — Repeals in Transport Act 1962 (10 & 11 Eliz. 2 c. 46)

PART II — Repeals in Road Traffic Regulation Act 1967 (1967 c. 76)

PART III — Miscellaneous Repeals

PART IV — Repeals as from Appointed Day for Purposes of Section 94(8)

Passenger Transport Areas, Authorities and Executives. Areas, Authorities and Executives.

9A

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) It shall be the duty of the Executive for each integrated transport area , combined authority area , combined county authority area or passenger transport area in England to secure the provision of such public passenger transport services as the Authority for the area consider it appropriate for the Executive to secure for meeting any public transport requirements within the area which in the Authority’s view would not be met apart from any action taken by the Executive for that purpose.

(3A) The Authority shall seek and have regard to the advice of the Executive for their area in determining which services it would be appropriate for the Executive to secure under subsection (3) of this section.

(4) The Executive shall have power to enter into an agreement providing for service subsidies for the purpose of securing the provision of any service under subsection (3) of this section; but their power to do so—

(a) shall be exercisable only where the service in question would not be provided , or would not be provided to a particular standard, without subsidy; and

(b) is subject to sections 89 to 92 of the Transport Act 1985 (tendering for local services, etc.).

(4A) The reference in subsection (4)(a) of this section to the standard to which a service is provided includes—

(a) the frequency or timing of the service;

(b) the days, or times of day, when the service is provided;

(5) Where it appears to the Authority for any integrated transport area , combined authority area , combined county authority area or passenger transport area that it would be appropriate for the Executive for that area to take any measures for the purpose of or in connection with promoting, so far as relates to that area—

(a) the availability of public passenger transport services other than subsidised services and the operation of such services, in conjunction with each other and with any available subsidised services, so as to meet any public transport requirements the Authority consider it appropriate to meet; or

(b) the convenience of the public (including persons who are elderly or disabled) in using all available public passenger transport services (whether subsidised or not);

the Authority may from time to time formulate general policies with respect to the description of such measures to be taken by the Executive for that area, and the Executive shall take such measures for the purpose or in the connection mentioned above as appear to them to be appropriate for carrying out those policies.

(6) It shall be the duty—

(a) of the Authority for any integrated transport area , combined authority area , combined county authority area or passenger transport area, in formulating any such policies; and

(b) of the Executive for any integrated transport area , combined authority area , combined county authority area or passenger transport area, in carrying out any such policies;

to have regard to a combination of economy, efficiency and effectiveness.

(7) It shall be the duty both of the Authority and of the Executive for any integrated transport area , combined authority area , combined county authority area or passenger transport area, in exercising or performing any of their functions under the preceding provisions of this section, to have regard to the transport needs of members of the public who are elderly or disabled ....

(8) No person who is for the time being—

(a) the operator of any public passenger transport services;

(b) a director of any company or (as the case may be) an employee of any company or other person who is such an operator;

(c) a director or employee of any company which is a member of a group of inter-connected bodies corporate any one or more of which is such an operator;

(d) in Scotland, a partner or (as the case may be) an employee of a partner of such an operator;

shall be appointed as a member, officer or servant of the Executive for any integrated transport area , combined authority area , combined county authority area or passenger transport area; and any person so appointed who subsequently becomes such an operator, director, partner or employee shall immediately vacate his membership of the Executive, or (as the case may be) his office or employment with the Executive.

(9) References in subsection (5) above to subsidised services are references to services provided under an agreement providing for service subsidies entered into—

(a) by the Executive for the area in question or for any other area under subsection (4) of this section; or

(b) by any non-metropolitan county or district council in England and Wales or by any regional or islands council in Scotland under section 63 of the Transport Act 1985.

(10) For the purposes of subsection (8) above, any two bodies corporate are to be treated as inter-connected if one of them is a body corporate of which the other is a subsidiary or if both of them are subsidiaries of the same body corporate; and in that subsection “group of interconnected bodies corporate” means a group consisting of two or more bodies corporate all of which are interconnected with each other in the sense given above.

(11) In this section and section 9B of this Act “public passenger transport services” has the same meaning as in the Transport Act 1985; and—

(a) references in this section to agreements providing for service subsidies; and

(b) references in this section and that section to the operator of, or to persons operating, any public passenger transport services;

shall be read as if contained in that Act.

(12) This section applies to each of the authorities within subsection (13) as if—

(a) the duty under subsection (3) were a duty for the Authority to secure the provision of such public passenger transport services as it considers appropriate for meeting any public transport requirements within its area which in the view of the Authority would not be met apart from any action taken by it for that purpose;

(b) subsection (3A) were omitted;

(i) the words “for the Executive of that area” were omitted;

(ii) for the words “by the Executive for that area, and the Executive” there were substituted “and”;

(d) in subsections (6) and (7), the references to the Executive were omitted.

(13) The authorities referred to in subsection (12) are—

(a) the West Yorkshire Combined Authority;

(b) the West Midlands Combined Authority.

9B

(1) When considering from time to time the formulation of policies for the purposes of section 9A(1) of this Act, the Authority for a passenger transport area shall consult—

(a) with every Passenger Transport Authority, county council or regional council whose area may be affected by those policies; and

(b) either with persons operating public passenger transport services within their area or with organisations appearing to the Authority to be representative of such persons;

and where the passenger transport area is in England and Wales the Authority shall also consult with the councils of the districts comprised in the county which is coterminous with or includes that area about the requirements of transport arising out of or in connection with the exercise and performance by those councils of their functions as local education authorities or of their social services functions.

(2) As soon as practicable after any occasion when they formulate new or altered policies for those purposes, the Authority concerned shall publish a statement of all policies so formulated by them on that or any previous occasion which for the time being apply in relation to the performance by the Executive for their area of their duty to secure services under section 9A(3).

(3) When the Authority publish such a statement, they shall send a copy of the statement—

(a) to each Authority or council whom they were required to consult under subsection (1)(a) above; and

(b) to each of the persons or (as the case may be) organisations whom they consulted under subsection (1)(b) above;

in relation to the formulation of their policies on the occasion in question.

(4) The Authority shall also—

(a) cause a copy of the statement last published by them under subsection (2) above to be made available for inspection (at all reasonable hours) at such places as they think fit; and

(b) give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of that statement may be inspected.

13A

The Authority may guarantee any obligation entered into by the Executive with the approval of the Authority.

15A

(1) In addition to any power of the Authority under any other provision of this Part of this Act to give directions to the Executive as respects any matter, the Authority may give to the Executive directions as to the exercise and performance by the Executive of their functions (including the exercise of rights conferred by the holding of interests in companies) in relation to matters appearing to the Authority to affect the carrying out by the Authority or the Executive of their respective duties under section 9(3) of this Act.

(2) The Executive shall provide the Authority at such time or intervals and in such form and manner as the Authority may require with information with respect to the operations and the expenditure on capital and revenue account respectively which are planned or under consideration by the Executive and shall furnish the Authority with such returns, accounts and other information with respect to the property and activities of the Executive or any subsidiary of theirs as the Authority may from time to time require.

(3) The Authority may from time to time cause a review to be made of the organisation of the Executive’s undertaking and may give to the Executive such directions as appear to the Authority from any such review to be requisite to secure that the Executive’s undertaking is organised in the most efficient manner; and the Executive shall not make, or permit to be made, any substantial change in the manner in which their undertaking is organised except in pursuance of a direction given by the Authority under this subsection, or with the approval of the Authority.

(4) This section does not apply to—

(a) the West Yorkshire Combined Authority, or

(b) the West Midlands Combined Authority.

23A

(1) For the purposes of sections 10, 15 and 20 of this Act—

(a) “light maintenance depot”, “locomotive”, “network”, “railway passenger services”, “rolling stock” and “station” have the meaning given in section 83(1) of the Railways Act 1993; and

(b) “operator” has the meaning given in section 6(2) of that Act.

(1A) For the purposes of section 10, “railway” has the meaning given in section 67(1) of the Transport and Works Act 1992.

(2) For the purposes of sections 10(1)(vi), 15(1)(d) and 20(2)(b), (4) and (6) of this Act “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.

Assistance for rural bus or ferry services.

Financial provisions as to Boards and new authorities.

Duty of Boards and new authorities to promote research and development.

Manufacture, repair and supply.

Subsidiaries and joint subsidiaries.

Provisions with respect to Holding Company.

57A

Without prejudice to the Minister’s power to make grants for research or development in connection with transport services by inland waterways in Scotland under section 57, the Scottish Ministers may make grants upon such terms and conditions as they think fit to any person towards expenditure incurred or to be incurred by that person–

(a) in carrying out research in connection with the provision or improvement of transport services by inland waterway in Scotland; or

(b) in developing for the purposes of the provision or improvement of such services or facilities the results of any research carried out by, or any invention or idea of, that or any other person.

Provisions with respect to Holding Company.

61A

(1) An operator’s licence—

(a) shall specify a maximum number for motor vehicles; and

(b) may specify a maximum number for motor vehicles the relevant weight of which exceeds a weight specified in the licence.

(2) An operator’s licence that does not contain a provision such as is mentioned in section 61(1A)(c) of this Act—

(a) shall specify a maximum number for trailers; and

(b) may specify a maximum number for trailers the relevant weight of which exceeds a weight specified in the licence.

(3) The number of vehicles being used under an operator’s licence by virtue of section 61(1)(c) of this Act at any one time may not exceed the maximum number specified in the licence under subsection (1)(a) of this section, less however many motor vehicles are specified in the licence.

(4) Where under subsection (1)(b) of this section an operator’s licence specifies a maximum number for motor vehicles the relevant weight of which exceeds a specified weight—

(a) the number of such vehicles being used under the licence by virtue of section 61(1)(c) of this Act at any one time may not exceed that maximum number, less however many motor vehicles the relevant weight of which exceeds the specified weight are specified in the licence; and

(b) the number of such vehicles that are specified in the licence and being used under it at any one time may not exceed that maximum number.

(5) The number of trailers being used under an operator’s licence at any one time may not exceed the maximum number specified in the licence under subsection (2)(a) of this section.

(6) Where under subsection (2)(b) of this section an operator’s licence specifies a maximum number for trailers the relevant weight of which exceeds a specified weight, the number of such trailers being used under the licence at any one time may not exceed that maximum number.

(7) The definition of “relevant weight” in section 61(1B) of this Act applies for the purposes of this section as it applies for the purposes of section 61(1A).

(8) If subsection (3), (4)(a) or (b), (5) or (6) of this section is contravened, the licence-holder shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

64A

(1) Subject to subsection (2) of this section and to sections 64B, 66, 69B, 69C and 89(2) of this Act, on granting an application for an operator’s licence, the licensing authority shall issue that licence in the terms applied for.

(2) If the authority has determined that any of the requirements of section 64(3) or (4) of this Act that he has taken into consideration in accordance with section 64(1) of this Act would not be satisfied unless he exercised any of his powers under subsection (3) of this section, he shall exercise those powers accordingly.

(3) The authority may issue the licence in terms that differ from the terms applied for in any of the following respects—

(a) more or fewer motor vehicles are specified in the licence;

(b) different motor vehicles are specified in it;

(d) it includes a provision such as is mentioned in section 61A(1)(b) or (2)(b) of this Act;

(e) higher or lower maximum numbers are specified in it under section 61A of this Act;

(f) fewer places are specified in it as operating centres of the licence-holder.

(4) Any undertakings taken into account by the authority under section 64(6) of this Act that he considers to be material to the granting of the application shall be recorded in the licence issued.

64B

(1) A licensing authority, on granting an operator’s licence or on varying such a licence under section 68 of this Act, may attach to it such conditions as he thinks fit for preventing vehicles that are authorised to be used under the licence from causing danger to the public—

(a) at any point where vehicles first join a public road on their way from an operating centre of the licence-holder (or last leave a public road on their way to such an operating centre); and

(b) on any road (other than a public road) along which vehicles are driven between such a point and the operating centre.

(2) On varying an operator’s licence under section 68 of this Act, the licensing authority may vary or remove any condition attached to the licence under this section.

(3) The licensing authority shall not—

(a) attach to an operator’s licence any condition such as is mentioned in this section; or

(b) vary in such manner as imposes new or further restrictions or requirements any condition attached to an operator’s licence under this section,

without first giving the applicant for the licence or (as the case may be) the licence-holder an opportunity of making representations to the authority with respect to the effect on his business of the proposed condition or variation.

(4) The licensing authority shall give special consideration to any representations made under subsection (3) of this section in determining whether to attach the proposed condition or make the proposed variation.

(5) In this section as it applies in relation to England and Wales, “public road” means a highway maintainable at the public expense for the purposes of the Highways Act 1980.

(6) Any person who contravenes any condition attached under this section to a licence of which he is the holder shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

67A

(1) Where on any application for an operator’s licence (a “full” licence) the applicant so requests, the licensing authority may grant to him an interim licence.

(2) An interim licence is an operator’s licence that (subject to its revocation or other termination under any provision of this Act or another statutory provision) will continue in force until it terminates under subsection (3), (4) or (5) of this section.

(3) If the licensing authority grants the application and issues to the applicant a full licence—

(a) that is in the terms applied for; or

(b) that is in those terms, subject only to the attachment under section 64B, 66 or 69C of this Act of any conditions that are also attached to the interim licence,

the interim licence shall terminate on the date on which the full licence comes into force.

(4) If, on an appeal arising out of the application, the Transport Tribunal orders the licensing authority to issue a full licence to the applicant, the interim licence shall terminate—

(a) on the date on which the full licence issued in pursuance of the order comes into force; or

(b) at the time at which the application is withdrawn or treated as withdrawn under section 89(3) of this Act.

(5) If neither subsection (3) nor subsection (4) of this section applies, the interim licence shall terminate on the date on which the application is finally disposed of or such earlier date as the applicant may specify in a written request to the licensing authority.

(6) In a case within subsection (5) of this section where the application is granted, the full licence issued to the applicant shall (notwithstanding any statement in it to the contrary) be of no effect before the interim licence terminates.

(7) A request for the grant of an interim licence shall not for the purposes of section 63, 64, 64A, 69B, 69E, 69J or 70 of, or Schedule 8A to, this Act be treated as an application for an operator’s licence, but shall be treated as such an application for any other purposes of this Part of this Act.

(8) The licensing authority may issue an interim licence in the same terms as those applied for in relation to the full licence or in terms that differ from those terms in any of the respects mentioned in section 64A(3) of this Act.

68A

(1) Where an applicant for the variation of an operator’s licence under section 68 of this Act so requests, the licensing authority may, before he has determined the application, vary the licence by giving an interim direction in respect of it.

(2) An interim direction is a direction under section 68(1) of this Act that is expressed to continue in force until it ceases to have effect under subsection (3) or (4) of this section.

(3) If on determining the application the licensing authority varies the licence by giving a direction in the terms applied for (and does not also under section 64B(1) or (2) or 69C(1) or (3) of this Act attach or vary any conditions), the interim direction shall cease to have effect on the date on which the direction given on the application comes into force.

(4) If subsection (3) of this section does not apply, the interim direction shall cease to have effect on the date on which the application is finally disposed of or such earlier date as the applicant may specify in a written request to the licensing authority.

(5) In a case within subsection (4) of this section where on determining the application the licensing authority gives a direction varying the licence, that direction shall be of no effect before the interim direction ceases to have effect.

(6) A request for an interim direction to be given shall not for the purposes of section 68(4) or 70 of, or Schedule 8A to, this Act be treated as an application for the variation of an operator’s licence, but shall be treated as such an application for any other purposes of this Part of this Act.

69A

(1) A person may not use a place in the area of any licensing authority as an operating centre for authorised vehicles under any operator’s licence granted to him by that authority unless it is specified in that licence.

(2) A person applying for an operator’s licence shall give to the licensing authority a statement giving such particulars as the authority may require of each place in the area of the authority which will an operating centre of the applicant if the licence is granted.

(3) Without prejudice to section 62(4) of this Act, a person applying for an operator’s licence shall also, if he is required by the licensing authority so to do, give to him such particulars as he may require with respect to the use which the applicant proposes to make, for authorised vehicles under the licence, of any place referred to in the statement under subsection (2) of this section.

(4) Any person who contravenes subsection (1) of this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

69B

(1) Any person entitled by virtue of section 63(3) of this Act to object to the grant of any application for an operators’ licence on the ground there mentioned may also object to the grant of any such application on the ground that any place which, if the licence is granted, will be an operating centre of the holder of the licence is unsuitable on environmental grounds for use as such.

(2) In the case of any such application, any person who is the owner or occupier of land in the vicinity of any place which, if the licence is granted, will be an operating centre of the holder of the licence may make representations against the grant of the application on the ground that the place is unsuitable on environmental grounds for use as such, provided that any adverse effects on environmental conditions arising from that use would be capable of prejudicially affecting the use or enjoyment of the land.

(3) Where any objection or representations are duly made under this section in respect of any application for an operators’ licence, the licensing authority may in any case refuse the application on the ground that the parking of authorised vehicles under the licence at or in the vicinity of any place which, if the licence were granted, would be an operating centre of the holder of the licence would cause adverse effects on environmental conditions in the vicinity of that place.

(4) Where any objection or representations are duly so made in respect of any such application, the licensing authority may refuse the application, subject to subsection (5) of this section, on the ground that any place which, if the licence is unsuitable for use as such on environmental grounds other than the ground mentioned in subsection (3) of this section.

(5) A licensing authority may not refuse an application for an operator’s licence under subsection (4) of this section if the applicant satisfies the authority that the grant of the application will not result in any material change as regards—

(a) the places in the area of the authority used or to be used as operating centres for authorised vehicles under any operator’s licence previously granted by the authority or under the licence applied for; or

(b) the use of any such place already in the use as an operating centre under an existing licence so granted.

(6) Without prejudice to the power of a licencing authority to issue an operator’s licence subject to either or both of the modifications of limitations mentioned in section 64(4) of this Act, in case where—

(a) the authority has power to refuse an application for any such licence under subsection (3) or (4) of this section; and

(b) any place other than a place unsuitable for use as an operating centre is referred to in the statement under section 69A(2) of this Act as a proposed operating centre of the applicant;

the authority may, instead of refusing the application, issue the licence specifying in it only such place or places referred to in that statement as are not unsuitable for use as an operating centre.

For the purposes of this subsection, a place referred to in any such statement given to a licensing authority has power to refuse the application under subsection (3) or (4) of this section in consequence of the proposed use of that place as an operating centre.

(7) A request for the grant of a licence under section 67(5) of this Act pending the determination of a current application for an application for an operator’s licence for the purposes of this section, but in granting a licence under section 67(5) a licensing authority may specify in the licence such place or places referred to in the statement given to the authority given to the authority by the applicant under section 69A(2) of this Act as the authority thinks fit.

69C

(1) Subject to the following provisions of this section, a licensing authority may attach such conditions to an operator’s licence as appear to him to be appropriate for the purpose of preventing or minimising any adverse effects on environmental conditions arising from the use for authorised vehicles under the licence in the area of the authority.

(2) The conditions which may be attached to a licence under this section shall be of such description as may be prescribed; and, without prejudice to the generality of the preceding provision, the descriptions which may be prescribed include conditions regulating—

(a) the number, type and size of motor vehicles or trailers which may at any operating centre of the holder of the licence in the area of the authority for any prescribed purpose;

(b) the parking arrangements to be provided at or in the vicinity of any such centre; and

(3) Subject to subsection (4) of this section, the licensing authority by whom an operator’s licence was granted may at any time vary or remove any condition attached to the licence under this section.

(4) The power to attach a condition to an operator’s licence under this section shall be exercisable by a licensing authority on granting the licence; and that power, and the power to vary or remove any condition so attached, shall also be exersisable in accordance with section 69D of this Act on an application by the holder for variation of the licence.

(5) Where a licensing authority is precluded by section 69B(5) of this Act from refusing an application for an operator’s licence, the authority may not attach any condition to the licence under this section without first giving the applicant for the licence an opportunity to make representations to the authority with respect to the effect on his business of any condition the authority proposes to attach; and where the applicant makes any such representations the authority shall give special consideration to those representations in determining whether to attach the proposed condition on granting the licence.

(6) Any person who contravenes any condition attached under this section to a licence of which he is the holder shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

69D

(1) Subject to section 69E of this Act, on the application of the holder of an operator’s licence, the licensing authority by whom the licence was granted may at any time while it is in force vary the licence by directing—

(a) that a new place shall be specified in the licence as an operating centre of the holder of the licence, or that any place so specified shall cease to be so specified; or

(b) that any condition attached to the licence under section 69C of this Act shall be varied or removed.

(2) A person applying for the variation of an operator’s licence under this section shall give to the licensing authority such information as he may reasonably require for the discharge of his duties in relation to the application.

(3) The licensing authority shall publish in the prescribed manner notice of any application for a variation under this section, unless the licensing authority is satisfied that the application is of so trivial a nature that it is not necessary that an opportunity should be given for objecting to it or making representations against it.

(4) Any person entitled to object to the grant of any application for a variation of which notice has been published under section 68(4) of this Act may object to the grant of any application for a variation of which notice has been published under section 68(4) or under subsection (3) of this section on either of the following grounds, that is to say—

(a) that any place which, if the application for variation is granted, will be an operating centre of the holder of the licence is unsuitable on environmental conditions in the vicinity of that centre.

(5) Subject to subsection (6) of this section, any person who is the owner or occupier of land in the vicinity of—

(a) any place which, if the application for variation is granted, will be an operating centre of the holder of the licence; or

(b) any existing operating of the holder of the licence to which the application relates;

may make representations against the grant of any application for a variation of which notice has been published under section 68(4) of this Act or under subsection (3) of this section on either of the grounds mentioned in subsection (4) of this section, but so far as relates to that place or operating centre.

(6) A person may not be virtue of subsection (5) of this section make representations against the grant of an application for variation of an operator’s licence unless any adverse effects on environmental conditions arising from the use of the place or operating centre in question would be capable of prejudicially affecting the use or enjoyment of the land there mentioned.

(7) Where any objection or representations are duly made under this section in respect of any application for a variation of an operator’s licence, the licensing authority may refuse the application in any case where it appears to him that the application ought to be refused on either of the grounds mentioned in subsection (4) of this section.

(8) In any case in which the licensing authority grants an application for a variation of an operator’s licence of which notice has been published under section 68(4) of this Act or under subsection (3) of this section, the licensing authority may direct that any condition attached to the licence under section 69C of this Act shall be varied or removed or that a condition shall be attached to the licence under that section.

(9) If an applicant under this section so requests, the licensing authority may, pending the determination of the application, give an interim direction under subsection (1) or (8) of this section, that is to say, a direction expressed to continue in force only until the application, and any appeal arising out of it, have been disposed of; and a request for such a direction shall not for the purposes of subsection (3) to (7) of this section be treated as an application for a variation under this section.

69E

(1) The licensing authority for any area shall refuse—

(a) any application to the authority for an opportunity for an operator’s licence; and

(b) any application to the authority for the variation of an operator’s licence of which notice has been published under section 68(4) or 69D(3) of this Act;

without considering the merits of the application unless he is satisfied that notice of the application in such form and containing such information as may be prescribed has been published within the period mentioned in subsection (2) of this section in a local newspaper or newspapers circulating in each locality affected by the application.

(2) The period referred to in subsection (1) of this section is the period beginning twenty-one days before the date on which the application is made and ending twenty-one days after that date.

(3) For the purposes of this section a locality shall be taken to be affected by an application to a licensing authority for, or for the variation of, an operator’s licence if it contains any place in the area of the authority which will be an operating centre of the holder of the licence if the application is granted, or (in the case of an application for variation) any existing operating centre of the holder of the licence to which the application relates.

Further provisions about operating centres

69EA

(1) Within such time after any period of review as may be prescribed, the licensing authority by whom an operator’s licence was granted may serve a notice on the licence-holder stating that the authority is considering whether to exercise any of his powers under sections 69EB and 69EC of this Act in relation to a place specified in the licence as an operating centre of the licence-holder.

(2) The periods of review in relation to an operator’s licence are—

(a) the period of five years beginning with the date specified in the licence as the date on which it came into force; and

(b) each consecutive period of five years.

(3) Regulations may amend subsection (2) of this section by substituting a higher or lower number (but not a number lower than five) for the number of years currently mentioned in paragraphs (a) and (b).

(4) Regulations may make provision as to the manner in which notices under this section are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served).

69EB

(1) If, having served notice under section 69EA of this Act in respect of a place specified in an operator’s licence, the licensing authority determines that the place is unsuitable—

(a) on grounds other than environmental grounds; or

(b) on the ground mentioned in subsection (2) of this section,

for use as an operating centre of the licence-holder, he may (subject to subsection (3) of this section) direct that it cease to be specified in the licence.

(2) The ground referred to in subsection (1)(b) of this section is that the parking of vehicles used under the licence at or in the vicinity of the place causes adverse effects on environmental conditions in that vicinity.

(3) Where the only ground for giving a direction under subsection (1) of this section is the ground mentioned in subsection (2) of this section, the authority may not give such a direction unless during the period of review in question representations were made to him—

(a) by a person such as is mentioned in section 63(3) of this Act; or

(b) by a person who is the owner or occupier of any land in the vicinity of the place in question,

as to the place’s unsuitability on environmental grounds for continued use as an operating centre for vehicles used under any operator’s licence.

(4) Representations made by a person such as is mentioned in subsection (3)(b) of this section shall be disregarded for the purposes of this section if, when they were made, any adverse effects on environmental conditions arising from the continued use of the place in question would not have been capable of prejudicially affecting the use or enjoyment of the land mentioned in subsection (3)(b).

69EC

(1) If, having served notice under section 69EA of this Act in respect of a place specified in an operator’s licence, the licensing authority does not give a direction in respect of the place under section 69EB of this Act, he may direct—

(a) that conditions (or additional conditions) such as are mentioned in section 64B, 66(1)(c) or 69C of this Act be attached to the licence;

(b) that any conditions already attached to the licence under section 64B, 66(1)(c) or 69C be varied.

(2) Any conditions attached to the licence under subsection (1)(a) of this section shall relate (or in the case of conditions such as are mentioned in section 66(1)(c) of this Act, only require the authority to be informed of events that relate) only to the place referred to in subsection (1) of this section (or only to that place and any other places in respect of which the authority has power to attach conditions under that subsection).

(3) Any variation under subsection (1)(b) of this section shall be such as imposes new or further restrictions or requirements in relation to that place, and only that place (or only that place and any other such places).

(4) Where the licensing authority gives a direction in respect of an operator’s licence under section 69EB of this Act or subsection (1)(a) of this section, he may also vary the licence by directing—

(a) that any vehicle cease to be specified in the licence;

(b) that any maximum number specified in the licence under section 61A of this Act be reduced;

(d) that a provision such as is mentioned in section 61A(1)(b) or (2)(b) of this Act be included in the licence.

(5) In this Part of this Act any reference, in relation to an operator’s licence, to a condition attached to the licence under section 64B, 66, or 69C of this Act includes any condition such as is mentioned in section 64B, 66 or (as the case may be) 69C that was attached to the licence under subsection (1)(a) of this section.

69ED

Schedule 8A to this Act (which makes provision in relation to certain applications for, or for the variation of, operators’ licences where the proposed operating centres of the applicant are already specified in an operator’s licence) shall have effect.

69F

(1) Subject to subsection (2) of this section, the licensing authority by whom an operator’s licence was granted may direct that it be revoked, suspended, terminated on a date earlier than that on which it would otherwise expire under section 67 of this Act, or curtailed on the ground that the holder of the licence has contraved section 69A of this Act or any condition attached to his licence under section 69C of this Act; and during any time of suspension the licence shall be of no effect.

(2) Section 69 of this Act shall apply as if the power to give a direction under subsection (1) of this section and the ground there mentioned were respectively conferred by and mentioned in subsection (1) of that section.

69G

(1) Any objection or representations under section 69B or 69D of this Act shall contain particulars of any matters alleged by the person making the objection or representations to be relevant to the determination of the licensing authority to which the objections or representations relate; and the onus of proof of any matters so alleged shall lie on the person making the objection or representations.

(2) Any objection or representation under either of those sections with respect to any application for, or for the variation of, an operator’s licence shall be made within the prescribed time and in the prescribed manner, which—

(a) may differ for representations from that prescribed for objections; and

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