Transport Act 1985
[^key-a4f5a44ed789ce10c8ed6c222a0d8a00]: S. 72(3)(b) repealed (S.) (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 34(2), 130(2) (with ss. 34(3), 126); S.S.I. 2022/204, reg. 2(a)
[^key-7a32c36e455ab12566af169d3cbce188]: Ss. 6ZA-6ZC and cross-heading inserted (S.) (28.11.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 39(1), 130(2) (with s. 126); S.S.I. 2022/332, reg. 2, sch.
[^key-127f71360837981c57fd4709e61088c4]: S. 135(1A) inserted (S.) (28.11.2022) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 2(3)(a) (with s. 126); S.S.I. 2022/332, reg. 2, sch.
[^key-f1da384fb24d207027f4c623c034c6b0]: S. 135(4A) inserted (S.) (28.11.2022) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 2(3)(c) (with s. 126); S.S.I. 2022/332, reg. 2, sch.
[^key-36b4485afd4b064336ce06e61953991f]: Words in s. 135(3) substituted (S.) (28.11.2022) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 2(3)(b) (with s. 126); S.S.I. 2022/332, reg. 2, sch.
[^key-58a5c4df0b8e12ed1fd67ed2a3705e6f]: S. 26(1)(bba)-(bbc) inserted (31.1.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(2), 36(3)
[^key-c72c4c73cb04c3c7b69630270614631c]: Words in s. 26(1)(b) substituted (31.1.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(2), 36(2)
[^key-5ecf754da80c17e87509283b1f82ca1e]: S. 6ZA excluded (S.) (1.4.2023) by The Public Service Vehicles (Registration of Local Services) (Provision of Service Information) (Scotland) Regulations 2022 (S.S.I. 2022/358), regs. 1(1), 5 (with reg. 7)
[^key-29c8323716e26d9d3fe79d912962da22]: Ss. 6-9 excluded (S.) (4.12.2023) by 2001 asp 2, s. 13B(1)(a) (as substituted by Transport (Scotland) Act 2019 (asp 17), ss. 38(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.)
[^key-c81f2f0acd0f156489eea0f00cc7127c]: S. 88(1) excluded (S.) (4.12.2023) by 2001 asp 2, s. 13A(7) (as inserted by Transport (Scotland) Act 2019 (asp 17), ss. 38(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.)
[^key-88b00ca7142f98266054ba1272b28288]: Ss. 6K-6N inserted (S.) (4.12.2023 for specified purposes) by Transport (Scotland) Act 2019 (asp 17), ss. 37(3), 130(2) (with s. 126); S.S.I. 2023/250, sch.
[^key-ff63a888370c735838fa95440ce7c411]: Words in s. 63(5)(aa)(ii) substituted (S.) (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 2(2) (with s. 126); S.S.I. 2023/250, sch.
[^key-159b7e2eacb31254486d6bff7e4f1394]: Pt. 5: functions made exercisable (E.W.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(1)(2)
[^key-4c8a0300bbc84e99eeb2c1df0d0fda57]: Pt. 4: functions made exercisable (E.W.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(1)(2)
[^key-ed659376a198028346c55a4745187c0d]: Words in s. 27A(7)(b) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 79 (with s. 247)
[^key-7a9f82a356b8942cd921db3f2f804ec4]: Words in s. 64(1)(a) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 80 (with s. 247)
[^key-cc570136b1c283ec994d6b6adb3694f7]: Words in s. 93(8)(b) substituted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 81 (with s. 247)
[^key-b9f21f581775f7a31c2e206232c86d1f]: S. 106(4)(ab) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 82 (with s. 247)
[^key-05c09f31c13fd3881e71bd35ac0f5aba]: S. 137(5B) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 83 (with s. 247)
[^key-7a9e5cde7b253da2b646069be3b2092e]: Ss. 93-101: functions made exercisable concurrently (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(4) (with reg. 14(5))
[^key-930bf82a8e2261d421e3d171b3b4ca8d]: Ss. 65-71: functions made exercisable concurrently (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(4)
[^key-921c179b3e022dc12590e5aadfd15866]: Ss. 88-92: functions made exercisable concurrently (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(4)
[^key-dc166f70f3416b5cd505dfe6221ea605]: Ss. 103-105: functions made exercisable concurrently (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(4)
[^key-cf88b4f7085512c2446c4376b137e07c]: Ss. 57-62: functions transferred (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(2) (with reg. 14(3))
[^key-2900f3636721a83870c26a26d667bb60]: Ss. 72-76: functions made exercisable concurrently (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(4)
[^key-e51fdfaa01a65e0933d0cdb7bc3709de]: Ss. 80-87: functions transferred (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(2) (with reg. 14(3))
[^key-b2e6a4fe54c55e8e84f3ef5e57545402]: Ss. 63, 64: functions made exercisable concurrently (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(4) (with reg. 14(5))
[^key-b22ae4ca9f85f09e94a8ee980aaec982]: Ss. 106, 106A: functions made exercisable concurrently (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(4)
[^key-79d3b86daee2c7e6e57cc4d150318e6e]: Ss. 78, 79: functions made exercisable concurrently (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(4) (with reg. 14(5))
[^key-eba55380aaf2978907d4dc59f5bdd55a]: Pt. 5: functions made exercisable (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(1)
[^key-27890099608df53aa49f7782fbd18013]: Pt. 4: functions made exercisable (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(1)
[^key-4d12903aa0c5baeed22f25cfd1bb3630]: Pt. 5: functions made exercisable concurrently (E.W.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 19(b) (with art. 9)
[^key-101205b78c826effedf935a2968fc816]: Pt. 4: functions made exercisable concurrently (E.W.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 19(b) (with art. 9)
[^key-9f712f5140eecae83b1ad18726e38d18]: Pts. 4, 5: transfer of functions (E.) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 7
[^key-6dc9a319207da1b2c80d40b256c0b13d]: Pts. 4, 5: transfer of functions (E.) (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 9
[^key-c0dc31e134401b6d58ede9124461a1f2]: Pts. 4, 5: functions made exercisable (E.) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 13
[^key-ed4d15ce2aafc2fa173067a2626d2fdb]: Pts. 4, 5: functions made exercisable (E.) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 9
[^M_C_8fdb5903-5e9f-4595-c7ab-cdf72fa65cac]: S. 6-9 applied (28.7.1998) by 1998 c. iii, s. 1, Sch. Order s. 54 S. 9: functions transferred (1.10.2007) by The Scotland Act 1998 (Cross-Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007 (S.I. 2007/2139), art. 2, Sch. (with art. 4)
[^M_C_005ff0c1-d969-477f-d5fa-e159f5f75c76]: S. 6-9 applied (28.7.1998) by 1998 c. iii, s. 1, Sch. Order s. 54 Ss. 6-9 restricted (E.W.) (26.10.2001 for E.) by 2000 c. 38, ss. 129(1)-(3), 275; S.I. 2001/3342, art. 2, Sch. Ss. 6-9: power to modify conferred (E.W.) (1.8.2001 for E. and 26.10.2001 for W.) by 2000 c. 38, s. 134(2)(a); S.I. 2001/2788, art. 2, Sch. 1 para. 2; S.I. 2001/3342, art. 2, Sch.
[^M_M_c37719dd-257c-4b23-9ebe-254f0e58e150]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
[^M_M_df2c4593-03fc-4341-f65c-8ccce71a73da]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
[^V_S_6d44a57c-296b-3e9b-7532-a513ceb0dc62]: Words in s. 9(9) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 42(2); S.I. 2009/1604, art. 2(d)
[^V_S_7ce049b9-49b9-c13f-b686-bc714f320f7c]: Ss. 6-9 excluded (S.) (4.12.2023) by 2001 asp 2, s. 13B(1)(a) (as substituted by Transport (Scotland) Act 2019 (asp 17), ss. 38(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.)
[^key-494824c3e892900ef2500d8f9d869edd]: S. 6(8)(a) applied (with modifications) (S.) (10.6.2025) by The Public Service Vehicles (Registration of Local Services) (Local Services Franchises Transitional Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/137), regs. 1(1), 2
[^key-d3e3291093e3ddc53684e7e0ca94bdbb]: S. 6 applied in part (S.) (10.6.2025) by The Public Service Vehicles (Registration of Local Services) (Local Services Franchises Transitional Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/137), regs. 1(1), 4
[^key-8f680032509a0114fe43c0b78f47ad91]: S. 6 excluded in part (S.) (10.6.2025) by The Public Service Vehicles (Registration of Local Services) (Local Services Franchises Transitional Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/137), regs. 1(1), 5, 6
[^key-6fe4bb0d28a2f6f7c40000138b6ed2eb]: S. 88(1) excluded by 2000 c. 38, s. 154A(10) (as inserted (E.W.) (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 23, 41(5); S.I. 2026/46, reg. 2(m))
[^key-a6e3abd5925cbcf15c904e1a88abd19d]: S. 66(1A) inserted (E.W.) (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 22(6)(a)(ii), 41(5); S.I. 2026/46, reg. 2(l)
[^key-78f0964d2abd403aa41389b0c2d81348]: Words in s. 66(1) substituted (E.W.) (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 22(6)(a)(i), 41(5); S.I. 2026/46, reg. 2(l)
[^key-c3c8f923a9a218765c6b6a499d57fd50]: S. 73(5A)(5B) inserted (E.W.) (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 22(6)(b)(ii), 41(5); S.I. 2026/46, reg. 2(l)
[^key-ed29c4fade640d6497f02d0fec2d09f1]: S. 73(5)(c) inserted (E.W.) (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 22(6)(b)(i), 41(5); S.I. 2026/46, reg. 2(l)
[^key-f7cb7401375d046bfb1cdac230c12766]: S. 63: functions made exercisable concurrently (E.) (24.2.2026) by The Cheshire and Warrington Combined Authority Order 2026 (S.I. 2026/159), arts. 1(2), 8
[^key-f6d860022828ed22fa340cdf9233d94a]: S. 106: functions made exercisable concurrently (E.) (24.2.2026) by The Cheshire and Warrington Combined Authority Order 2026 (S.I. 2026/159), arts. 1(2), 8
[^key-335db5d73428421b1d7b417ef836b844]: S. 106A: functions made exercisable concurrently (E.) (24.2.2026) by The Cheshire and Warrington Combined Authority Order 2026 (S.I. 2026/159), arts. 1(2), 8
[^key-1036e7792a4cb2f358189fbdfecb8cca]: S. 71: functions made exercisable concurrently (E.) (24.2.2026) by The Cheshire and Warrington Combined Authority Order 2026 (S.I. 2026/159), arts. 1(2), 8
[^key-762fa9699724c847c3c9b1953f5e33d6]: S. 81(2)(5): functions made exercisable concurrently (E.) (24.2.2026) by The Cheshire and Warrington Combined Authority Order 2026 (S.I. 2026/159), arts. 1(2), 8
Formation of companies to run council bus undertakings.
Expenditure on public passenger transport services.
Co-operation between certain councils and London Regional Transport.
Provisions supplementary to section 89.
Release from compulsory participation.
Release from compulsory participation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6A
- (1) This section applies in any case where—
- (a) any registration restrictions imposed under section 113D(1) or 114(3A) of the Transport Act 2000 are in force in the case of an advanced quality partnership scheme or a quality partnership scheme (“the scheme”);
- (b) an application for registration, or for variation or cancellation of registration, is made under section 6 of this Act ... in respect of a local service in relation to which those restrictions have effect; and
- (c) the application is one which would fall to be accepted by a traffic commissioner, apart from this section.
- (2) In any such case the traffic commissioner, before deciding whether or not to accept the application, must give to—
- (a) each relevant authority, and
- (b) each relevant operator,
a notice complying with subsection (3) below.
- (3) The notice must—
- (a) identify the application and state that it has been made;
- (b) provide prescribed particulars of the application;
- (c) inform the persons to whom it is required to be sent of the right of each of them to make relevant representations to the traffic commissioner about the application.
- (4) If no relevant representations are made, the application is to be accepted.
- (5) If any relevant representations are made by a relevant authority or a relevant operator, the traffic commissioner must decide whether the effect of accepting the application would be detrimental to the provision of local services under the scheme.
- (6) The traffic commissioner may decide that question only after—
- (a) considering those representations;
- (b) taking account of any other relevant applications and any relevant representations made in relation to those applications;
- (c) holding such inquiries under section 54 of the 1981 Act as the traffic commissioner may think fit; and
- (d) applying the registration criteria.
- (7) If the traffic commissioner decides that the effect of accepting the application would not be detrimental to the provision of such services, the application is to be accepted.
- (8) If subsection (7) above does not apply, the traffic commissioner may do any one or more of the following—
- (a) refuse to accept the application;
- (b) require the applicant to amend the application in such respects as the traffic commissioner may require before submitting it again;
- (c) if the applicant has not given a written undertaking under section 113J(4) or (5) or 118(4) of the Transport Act 2000 in relation to the scheme, require the applicant to give such an undertaking before the application may be accepted.
- (9) An appeal against any decision of a traffic commissioner under this section may be made to the Upper Tribunal by any of the following persons—
- (a) the person who made the application;
- (b) any relevant authority that made relevant representations against the application;
- (c) any relevant operator who made relevant representations against the application.
...
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) Regulations may be made for the purposes of carrying this section into effect; and the provision that may be made by any such regulations includes provision—
- (a) as to the procedure for giving notice under subsection (2) above;
- (b) prescribing the particulars of the application that are to be provided in such a notice;
- (c) as to the procedure for making relevant representations;
- (d) as to the procedure to be followed in determining the application.
- (12) In this section—
- “advanced quality partnership scheme” means a scheme under section 113C of the Transport Act 2000;
- “quality partnership scheme” means a scheme under section 114 of the Transport Act 2000;
- “registration criteria”— in relation to an advanced quality partnership scheme, means the criteria specified in the scheme by virtue of section 113D(3) of the Transport Act 2000;in relation to a quality partnership scheme, means the criteria specified in the scheme by virtue of section 114(3C) of the Transport Act 2000;
- “relevant application” means any application under section 6 of this Act—which is made in respect of a local service in relation to which the registration restrictions have effect, andwhich (whenever made) is awaiting the decision of a traffic commissioner;
- “relevant authority” means the authority, or any of the authorities, that made the scheme;
- “relevant operator” means—any operator of local services who has given an undertaking under section 113J(4) or (5) or 118(4) of the Transport Act 2000 in respect of the scheme;any other operator of local services which might be affected if the application were to be accepted;
- “relevant representations” means representations that the effect of accepting the application would be detrimental to the provision of services under the scheme, having regard to the registration criteria.
- “the traffic commissioner” means the traffic commissioner dealing with the application mentioned in subsection (1).
- (13) The power to make regulations under subsection (11), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State).
6B
- (1) This section applies—
- (a) by virtue of subsection (2B) of section 6 of this Act (“Case 1”), in relation to registration of the proposed local service mentioned in that subsection;
- (b) by virtue of subsection (7A) of that section (“Case 2”), in relation to the proposed variation of the registration mentioned in that subsection.
- (2) Where this section applies, the operator may apply to a traffic commissioner—
- (a) in Case 1, for registration of the proposed service under section 6 of this Act, or
- (b) in Case 2, for variation of the registration under that section,
notwithstanding anything in section 129(1)(a) of the Transport Act 2000 (sections 6 to 9 of this Act not to apply).
- (3) The traffic commissioner must not accept the application except in accordance with subsections (4) to (6) below.
- (4) On receipt of the application, the traffic commissioner must consult the authority or authorities who made the quality contracts scheme.
- (5) If, within the prescribed time, the traffic commissioner receives from the authority or authorities a clearance certificate in respect of the application, the traffic commissioner must—
- (a) in Case 1, register the service under section 6 of this Act, or
- (b) in Case 2, vary the registration under that section.
- (6) If the traffic commissioner does not receive such a certificate within that time, the application must be rejected.
- (7) In relation to Case 2, regulations may prescribe cases in which subsections (3) to (6) above do not apply.
- (8) In this section—
- “clearance certificate” means a certificate that the provision—in Case 1, of the proposed local service, orin Case 2, of the local service as proposed to be varied,will not have an adverse effect on local services provided under quality contracts in the area to which the quality contracts scheme relates;
- “prescribed” means prescribed in regulations;
- “the relevant authority or authorities” means the authority or authorities—who last continued the quality contracts scheme in force under section 131A of the Transport Act 2000, orif the scheme has not been so continued, who made it.
- “the traffic commissioner” means the traffic commissioner dealing with the application.
- (9) The power to make regulations under subsections (5) and (7), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State).
13A
- (1) Transport for London may by order provide that section 12 of this Act is to apply to vehicles licensed under section 7 of the Private Hire Vehicles (London) Act 1998 as it applies to vehicles licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976.
- (2) An order under subsection (1) of this section may amend the definitions of “licensed hire car” and “private hire vehicle licence” in section 13 of this Act accordingly.
- (3) Transport for London must consult such representative organisations as it thinks fit before making—
- (a) regulations under section 12(9) or (10) of this Act;
- (b) an order under section 13(1) of this Act or subsection (1) of this section.
- (4) Any power of Transport for London to make—
- (a) regulations under section 12(9) or (10) of this Act, or
- (b) an order under section 13(1) of this Act,
includes a power to vary or revoke any previous such regulations or order (as the case may be).
- (5) Subsection (4) applies notwithstanding that the previous regulations were made, or the previous order was made, by the Secretary of State by statutory instrument.
- (6) Transport for London must print and publish—
- (a) any regulations made by it under section 12(9) or (10) of this Act;
- (b) any order made by it under section 13(1) of this Act or subsection (1) of this section.
- (7) Transport for London may charge a fee for the sale of copies of any regulations, or any order, printed under subsection (6).
23A
- (1) Regulations may provide that any permit granted under section 19 or 22 of this Act on or after a date specified in the regulations is to be for such period not exceeding 5 years as may be identified in the permit by the person granting it.
- (2) Nothing in subsection (1) above or any regulations made by virtue of that subsection prevents the grant of subsequent permits under section 19 or 22 of this Act to any person for further such periods.
The Public Transport Users' Committee for England
125A
- (1) The Secretary of State may by order establish a body corporate, to be known as the Public Transport Users' Committee for England.
A body established under this subsection is referred to in this section and sections 125B and 125C as the Committee.
- (2) The Secretary of State may by order provide for a body established under subsection (1) to be known by a different name.
- (3) An order under subsection (1) may include provision—
- (a) about the status and membership of the Committee (including how members are to be appointed);
- (b) about the proceedings of the Committee;
- (c) about the declaration by members of any financial or other interests, and the recording of such interests;
- (d) about officers and staff of the Committee;
- (e) about the discharge of functions of the Committee (including provision for the discharge of functions by sub-committees with members who are not all members of the Committee);
- (f) about the making of reports by the Committee to—
- (i) the Secretary of State, or
- (ii) such other person as the Secretary of State may determine;
- (g) about the making of payments to or in respect of officers, staff and members of the Committee;
- (h) about the payment of pensions and the making of other payments to or in respect of former officers and staff of the Committee;
- (i) about the keeping of accounts by the Committee and their audit and submission to the Secretary of State;
- (j) about the acquisition and disposal by the Committee of property, rights and liabilities (including land);
- (k) authorising the Committee to charge for any services it provides in the discharge of any of its functions;
- (l) requiring the Committee to have regard to the policies and activities of such other persons or bodies as the Secretary of State may determine;
- (m) for the transfer of staff, property, rights and liabilities to the Committee.
- (4) The Secretary of State may make payments to the Committee of such amounts, at such times, and on such conditions (if any) as the Secretary of State considers appropriate.
- (5) The Secretary of State may by order make provision for the transfer of staff, property, rights and liabilities from the Committee to any other person.
- (6) An order made by virtue of subsection (2) may make such provision, including provision amending, repealing or revoking any provision of this Act or any other enactment (whenever passed or made), as appears to the Secretary of State to be necessary in consequence of the order.
In this subsection “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
- (7) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
125B
- (1) The Committee may consider and make recommendations or representations to the Secretary of State about any matter relating to—
- (a) prescribed public passenger transport services, or public passenger transport services that are of a prescribed description, to the extent that they operate in England; or
- (b) prescribed public passenger transport facilities in England, or public passenger transport facilities in England that are of a prescribed description.
- (2) The Committee must consider and make recommendations to the Secretary of State about any such matter if asked to do so by the Secretary of State.
- (3) The Secretary of State may by order—
- (a) confer further functions on the Committee;
- (b) remove functions from the Committee;
- (c) make changes to any functions of the Committee;
- (d) transfer any functions of the Committee to another person (including to the Secretary of State).
- (4) An order under subsection (3) may confer a function on the Committee, or make changes to a function of the Committee, only if the new function, or the function as changed, relates to—
- (a) public passenger transport services, so far as operating in England; or
- (b) public passenger transport facilities in England.
- (5) The functions that may be conferred on the Committee under subsection (3)(a) include a power—
- (a) to enter into arrangements with another body for discharging functions on behalf of that body in relation to England;
- (b) to give effect to any such arrangements;
- (c) to enter into arrangements with another body for that body to discharge any functions of the Committee on behalf of the Committee.
- (6) The discharge of a function by the Committee on behalf of another body does not affect the responsibility of the body for the discharge of the function.
- (7) The discharge of a function by another body on behalf of the Committee does not affect the responsibility of the Committee for the discharge of the function.
- (8) The provision that may be made in an order under subsection (3) includes provision amending or repealing any provision of this Act or any other enactment conferring functions on the Committee.
- (9) The Committee may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.
- (10) In this section—
- “prescribed” means prescribed by order made by the Secretary of State;
- “public passenger transport facilities” means facilities for public passenger transport services.
- (11) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
125C
- (1) This section applies where an order under section 125B(3) confers on the Committee power to make recommendations or representations to a body or person.
- (2) The Secretary of State may by order confer on the body or person functions in respect of such recommendations or representations.
- (3) An order under this section may confer a function on a body or person only if the new function relates to—
- (a) public passenger transport services, so far as operating in England; or
- (b) public passenger transport facilities in England.
- (4) The provision that may be made in an order under this section includes provision amending, repealing or revoking any provision of this Act or any other enactment (whenever passed or made) conferring functions on the body or person.
- (5) In this section “public passenger transport facilities” has the same meaning as in section 125B.
- (6) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
27A
- (1) This section applies in any case where it appears to a traffic commissioner that a person (“the operator”)—
- (a) has, or may have, failed to operate a local service registered under section 6 of this Act; or
- (b) has, or may have, failed to operate such a service in accordance with the particulars registered under that section.
- (2) The traffic commissioner may direct a local traffic authority to provide him or another traffic commissioner, within a specified period, with specified information connected with any aspect of the performance of their duties under section 16 or 17 of the Traffic Management Act 2004 (the network management duty, and arrangements for network management).
This subsection is supplemented by provisions in section 27B of this Act.
- (3) If the traffic commissioner holds an inquiry in connection with deciding whether—
- (a) to attach a condition under section 26 of this Act, or
- (b) to make an order under section 155 of the Transport Act 2000,
subsections (2) and (3) of section 250 of the Local Government Act 1972 (attendance of witnesses etc) apply to the inquiry as they apply to an inquiry under that section.
- (4) If the traffic commissioner identifies any remedial measures (see subsection (5)) which, in the traffic commissioner's opinion, could be taken—
- (a) by the operator, or
- (b) by a local traffic authority,
the traffic commissioner may prepare a report recommending the implementation of those measures.
- (5) In this section “remedial measures” means measures which, in the opinion of the traffic commissioner, would enable or facilitate the operation of the service in accordance with the particulars registered under section 6 of this Act.
- (6) A traffic commissioner who prepares a report under subsection (4) above—
- (a) must send a copy of the report to the operator and, if any of the recommended remedial measures are for implementation by a local traffic authority, to that authority;
- (b) must, if the implementation of any of the measures in the report would affect the operation of bus services in an integrated transport area, send a copy of the report to the Integrated Transport Authority for that area;
- (c) may send a copy of the report to any one or more of the persons in subsection (7) below;
- (d) may publish the report.
- (7) The persons are—
- (a) the appropriate national authority,
- (b) any local traffic authority , Integrated Transport Authority , combined authority or combined county authority which the traffic commissioner considers appropriate,
and any other persons whom the traffic commissioner considers appropriate.
- (7A) In this section “the traffic commissioner” means the traffic commissioner dealing with the matter.
- (8) See subsection (6) of section 27B of this Act for the meaning of some of the expressions used in this section.
27B
- (1) This section supplements section 27A of this Act.
- (2) In this section “direction” means a direction under subsection (2) of that section.
- (3) The information that may be specified in a direction must be information which the local traffic authority have in their possession or can reasonably be expected to acquire.
- (4) The information that may be specified in a direction includes information relating to—
- (a) the management of a local traffic authority’s road network; or
- (b) the use of their road network by different kinds of traffic or the effects of that use.
- (5) A direction may be given—
- (a) to one or more local traffic authorities; or
- (b) to local traffic authorities of a description specified in the direction.
- (6) In section 27A of this Act and in this section the following expressions have the same meaning as in Part 2 of the Traffic Management Act 2004 (network management by local traffic authorities)—
- appropriate national authority,
- local traffic authority,
- road network,
- traffic,
except that “local traffic authority” does not include Transport for London, a London borough council or the Common Council of the City of London.
Transitional provisions, savings, amendments, repeals and revocation.
Transitional provisions, savings, amendments, repeals and revocation.
Transitional provisions, savings, amendments, repeals and revocation.
Reconstitution of the Transport Tribunal.
Powers of First-tier Tribunal and Upper Tribunal in relation to transport appeals
17
- (1) The First-tier Tribunal and the Upper Tribunal are to have full jurisdiction to hear and determine all matters (whether of law or of fact) for the purpose of the exercise of any of their functions under an enactment relating to transport.
18
Paragraph 12 applies in relation to the First-tier Tribunal and the Upper Tribunal for the purpose of the exercise of any of their functions under an enactment relating to transport.
PART 5A — PASSENGERS’ COUNCIL: ROAD PASSENGER TRANSPORT FUNCTIONS IN ENGLAND
112A
- (1) “Road passenger transport service” means—
- (a) a local service, so far as operating in England;
- (b) a domestic coach service, so far as operating in England; or
- (c) a tramway passenger service, so far as operating in England.
- (2) But a service is not a “road passenger transport service” if—
- (a) it is an excursion or tour; or
- (b) it is provided in a public service vehicle used under a permit granted under section 19.
- (3) “Road passenger transport facility” means a facility in England for road passenger transport services.
- (4) This section has effect for the purposes of this Part.
112B
- (1) The Passengers’ Council must, so far as it appears expedient from time to time to do so—
- (a) keep under review matters affecting the interests of the public in relation to road passenger transport services and facilities; and
- (b) make representations to, and consult, such persons as it considers appropriate about those matters.
- (2) The Council and any other public body may enter into an agreement for that other body to be responsible, in accordance with the agreement, for—
- (a) determining what is expedient for the purposes of subsection (1) in relation to an area specified in the agreement; and
- (b) otherwise performing the Council’s functions under subsection (1) in relation to that area.
- (3) So long as an agreement under subsection (2) is in force—
- (a) the duties of the Council under subsection (1) in relation to the area specified in the agreement fall on the other party to the agreement instead of on the Council; but
- (b) the Council is not prevented from doing anything mentioned in subsection (1) in relation to that area.
- (4) An agreement under subsection (2)—
- (a) may be entered into on such terms and conditions as the parties to it may agree; and
- (b) may contain provision for determining, for the purposes of this section, in what circumstances things done under or for the purposes of subsection (1) are to be treated as done in relation to the area specified in the agreement.
- (5) The written consent of the Secretary of State is required before the Council and another public body may enter into an agreement under this section.
- (6) In this section “public body” means any authority or other body on which functions are conferred by or under an enactment.
112C
- (1) The Passengers’ Council must investigate any matter relating to the provision of road passenger transport services or facilities if—
- (a) the matter is the subject of a representation made to the Council by a user or potential user of road passenger transport services or facilities;
- (b) the matter is the subject of a representation made to the Council by an organisation representative of users or potential users of road passenger transport services or facilities;
- (c) the matter is referred to the Council by the Secretary of State for investigation; or
- (d) it appears to the Council that the matter is one which the Council ought to investigate.
- (2) The Council is not required to investigate a matter in a case falling within subsection (1)(a) or (b) if the matter appears to the Council to be frivolous or vexatious.
- (3) The Council is not required to investigate a matter in a case falling within subsection (1)(a) or (b) if, or to the extent that, the Council refers the matter to another body under section 112D.
- (4) The Council must not investigate by virtue of subsection (1)(d) any matter which relates solely to the provision of London road passenger transport services or facilities.
- (5) Subsection (4) does not prevent the Council from so investigating any such matter as part of an investigation of a matter which relates wholly or mainly to—
- (a) the provision of road passenger transport services or facilities other than London road passenger services or facilities; or
- (b) the provision of road passenger transport services or facilities in any part of England outside London.
112D
- (1) This section applies in relation to a matter which is the subject of a representation made to the Passengers’ Council under section 112C(1)(a) or (b).
- (2) If the Council thinks that it would be more appropriate for the matter to be considered—
- (a) by an operator of road passenger transport services;
- (b) by a provider of road passenger transport facilities; or
- (c) by any body which does not fall within paragraph (a) or (b);
the Council may refer the matter to that person or body.
- (3) The Council must refer the matter to the London Transport Users’ Committee if, or in so far as, it appears to the Council to relate to the provision of London road passenger transport services or facilities.
- (4) Subsection (3) does not require the Council to refer a matter to the Committee if, or in so far as, it appears to the Council to relate to the provision of a long distance coach service.
- (5) Subsection (4) does not apply in the case of a matter if, or in so far as, it appears to the Council to relate to a London local passenger.
- (6) Subsection (4) does not prevent the Council referring a matter under subsection (3) if, or in so far as, it considers it appropriate to do so.
- (7) In this section—
- “London local passenger” means a passenger making a journey which begins and ends at stopping places in London;
- “long distance coach service” means a bus service—which has one or more stopping places outside London; andwhich would be a domestic coach service, if no account were taken of any London local passengers.
112E
- (1) This section applies if the Passengers’ Council is carrying out an investigation under section 112C in relation to road passenger transport services or facilities.
- (2) If the Council requests an operator of services, or a provider of facilities, to provide any information which the Council considers necessary for the purpose of carrying out the investigation, subsection (3) applies.
- (3) A person who receives such a request must provide the information unless—
- (a) the person does not have, and cannot reasonably obtain, it; or
- (b) the provision of the information would impose an unreasonable burden on the person.
- (4) A person who relies on paragraph (a) or (b) of subsection (3) must notify the Council in writing of that fact, stating the reason why the paragraph in question applies.
- (5) If the Council—
- (a) has requested information from an operator of local services or domestic coach services, and
- (b) considers that it has not received a satisfactory response to that request,
the Council may refer the matter to a traffic commissioner.
- (6) If the Council—
- (a) has requested information from an operator of tramway passenger services, and
- (b) considers that it has not received a satisfactory response to that request,
the Council may refer the matter to the promoter.
- (7) If a matter is referred by virtue of subsection (5) or (6), the traffic commissioner or, as the case may be, the promoter may require the recipient of the request mentioned in subsection (2) to provide such of the information as the traffic commissioner or promoter considers appropriate.
112F
- (1) This section applies to any information provided to the Passengers’ Council pursuant to section 112E(3) in the circumstances described in subsection (2).
- (2) The circumstances are that—
- (a) the person who provided the information has requested that the information be held in confidence; and
- (b) a person would not be entitled to the information in response to a request made in accordance with the Freedom of Information Act 2000 by virtue of the exemptions in section 41 or 43 of that Act.
- (3) Information to which this section applies must not—
- (a) be included in any investigation report published under section 112K; or
- (b) be disclosed by the Council to any other person.
- (4) Nothing in this section affects—
- (a) the power of the Council to refer a matter, including the confidential information, following investigation in accordance with section 112H or 112I; or
- (b) any obligation on the Council to disclose information in order to comply with an order of a court or a tribunal.
112G
- (1) Having investigated a matter under section 112C the Passengers’ Council may, if it considers it appropriate to do so, make representations to—
- (a) an operator of road passenger transport services;
- (b) a provider of road passenger transport facilities;
- (c) a local traffic authority in England;
- (d) a strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015;
- (e) a local transport authority in England.
- (2) If the Council makes representations to a person under this section—
- (a) the person must have regard to those representations; and
- (b) the person must, within a reasonable time, send the Council a written statement describing any actions that the person has taken or intends to take in response to the representations.
112H
- (1) This section applies if the Passengers’ Council—
- (a) has made representations under section 112G; and
- (b) considers that it is unable to achieve a satisfactory outcome by that means.
- (2) If the representations were made to any operator of local services or domestic coach services, the Council may refer the matter to a traffic commissioner.
- (3) If the representations were made to any operator of tramway passenger services, the Council may refer the matter to the promoter.
- (4) If the representations were made to a local traffic authority and the Council considers that it may be appropriate for a traffic commissioner to exercise powers under section 27A (additional powers in relation to local traffic authorities where service not operated as registered), the Council may refer the matter to a traffic commissioner.
- (5) If the representations were made to a local traffic authority and the Council considers that it may be appropriate for the Secretary of State to exercise powers under Part 2 of the Traffic Management Act 2004 (enforcement of network management duties), the Council may refer the matter to the Secretary of State.
112I
- (1) This section applies if, on investigating a matter under section 112C, the Passengers’ Council has reason to believe that—
- (a) an operator of local services has failed to operate a local service registered under section 6 or has operated a local service in contravention of that section; or
- (b) the holder of a PSV operator’s licence is contravening, or is likely to contravene, any conditions or requirements of that licence.
- (2) The Council may refer a matter described in subsection (1) to a traffic commissioner.
112J
- (1) This section applies if the Passengers’ Council refers a matter to a traffic commissioner under section 112E, 112H or 112I.
- (2) The traffic commissioner dealing with the matter must consider whether, in connection with the matter, it would be appropriate to exercise any of the powers of a traffic commissioner in respect of—
- (a) an operator of local services;
- (b) a holder of a PSV operator’s licence; or
- (c) a local traffic authority.
112K
- (1) This section applies where the Passengers’ Council has investigated a matter under section 112C.
- (2) The Council may prepare a report of its findings (an “investigation report”).
- (3) The Council may send a copy of an investigation report to the Secretary of State and to such other persons as the Council thinks fit.
- (4) The Council may publish an investigation report.
- (5) In the case of an investigation report prepared following an investigation which is carried out as the result of a referral by the Secretary of State under section 112C(1)(c), the Council must obtain the Secretary of State’s consent before—
- (a) sending the report to any person other than the Secretary of State; or
- (b) publishing the report.
112L
- (1) In this Part—
- “domestic coach service” means a bus service which—carries passengers at separate fares; andis not a local service;
- “local traffic authority” has the meaning given by section 121A of the Road Traffic Regulation Act 1984;
- “local transport authority” has the meaning given by section 108(4) of the Transport Act 2000;
- “London road passenger transport services or facilities” means road passenger transport services or facilities—provided by Transport for London or any of its subsidiaries;provided in pursuance of an agreement entered into by Transport for London or in pursuance of a transport subsidiary’s agreement; orotherwise authorised by Transport for London to be provided;
- “promoter”, in the case of any tramway passenger services, means the person authorised to secure the provision of those services with whom the operator of the services has entered into an agreement granting the operator the right to operate them;
- “road passenger transport facility” has the meaning given by section 112A(3);
- “road passenger transport service” has the meaning given by section 112A(1) and (2);
- “subsidiary”, in relation to Transport for London, has the same meaning as in the Greater London Authority Act 1999 (see section 424(1) of that Act);
- “tramway” has the meaning given by section 67(1) of the Transport and Works Act 1992;
- “tramway passenger service” means any service for the carriage of passengers by tramway;
- “transport subsidiary’s agreement” has the same meaning as in the Greater London Authority Act 1999 (see section 169 of that Act).
- (2) Where, by virtue of this Part, a person is required to submit information or documents to the Passengers’ Council, the information or documents may be transmitted to an electronic address and in an electronic form specified by the Council.
6C
- (1) Regulations may require the operator of a local service registered under section 6 to provide prescribed information to any local transport authority in England in whose area the service has a stopping place if—
- (a) the operator—
- (i) has made an application under section 6 to vary or cancel the registration of the service, or
- (ii) has notified the local transport authority in accordance with regulations under that section that it proposes to make such an application, and
- (b) the authority requests the operator to provide the information.
- (2) The information that may be prescribed is information relating to—
- (a) the number of passengers using the service, the journeys made by those passengers and the fares paid by them, and
- (b) the revenue obtained by operating the service.
- (3) Regulations under this section may, in particular—
- (a) make provision about the periods of time in respect of which information may be required,
- (b) make provision about the time when, and the manner and form in which, information is to be provided,
- (c) provide for a traffic commissioner or a body carrying out a traffic commissioner's functions in accordance with section 6G not to accept an application to vary or cancel the service if the operator has failed to comply with the regulations,
- (d) make provision about the use and disclosure of information provided under the regulations (including provision about its further disclosure),
- (e) make provision as to cases in which section 67 of the 1981 Act does not apply in relation to contraventions of, or failures to comply with, the regulations,
- (f) make provision subject to conditions, and
- (g) make supplementary, incidental, consequential or transitional provision.
- (4) In this section “local transport authority” has the meaning given in section 108(4) of the Transport Act 2000.
6D
- (1) This section applies in any case where—
- (a) an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation;
- (b) a requirement imposed under section 138A(5)(b) of the Transport Act 2000 has effect;
- (c) an application for registration, or for variation of registration, is made under section 6 of this Act in respect of a local service to which that requirement would apply if the application were granted; and
- (d) the application is one which would fall to be accepted, apart from this section.
- (2) A traffic commissioner must refuse the application if—
- (a) the requirement is an operation requirement, and
- (b) the traffic commissioner considers that the person who would be the operator of—
- (i) the service proposed to be provided, or,
- (ii) the service as proposed to be varied,
is unlikely to be able to comply with that requirement as regards that service.
- (3) If, where the requirement is a route requirement, the registration, or variation of registration, of the service under section 6 is prevented by regulations under section 6E(6), a traffic commissioner must refuse the application.
- (4) In this section—
- “operation requirement” means a requirement imposed under section 138A(5)(b) of the Transport Act 2000, other than a route requirement;
- “route requirement” means a requirement imposed under section 138A(5)(b) of the Transport Act 2000 that falls within section 138C(1) of that Act.
6E
- (1) This section applies in a case where—
- (a) an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation, and
- (b) one or more requirements imposed under section 138A(5)(b) of the Transport Act 2000 by the scheme have effect.
- (2) If a traffic commissioner considers that—
- (a) an operation requirement imposed by the scheme applies to a service registered under section 6, and
- (b) the service is not being provided in accordance with that requirement,
the traffic commissioner may cancel the registration of that service.
- (3) If a traffic commissioner considers that—
- (a) a route requirement imposed by the scheme applies to a service registered under section 6, and
- (b) that service cannot be provided in accordance with that requirement,
the traffic commissioner must cancel the registration of that service.
- (4) If a traffic commissioner considers that—
- (a) a route requirement imposed by the scheme applies to two or more services registered under section 6, and
- (b) those services cannot all be provided in accordance with that requirement,
the traffic commissioner must cancel the registration of those services.
- (5) Subject to regulations under this section, a cancellation of the registration of a service under subsection (2), (3) or (4) becomes effective on the expiry of the period beginning with the date on which a traffic commissioner gives notice to the operator of the service of the cancellation of the registration and ending with the date determined in accordance with regulations under this section.
- (6) Regulations under this section may make provision controlling the registration, or the variation of registration, under section 6 of local services which would, or would as varied, be subject to a route requirement by reference to which a registration or registrations was or were cancelled under subsection (3) or (4).
- (7) Regulations under subsection (6) may, in particular—
- (a) provide for the determination of the services that may be registered and the persons who may register such services;
- (b) provide for those matters to be determined by the local transport authority or authorities operating the enhanced partnership scheme;
- (c) provide for the authority or authorities to award contracts authorising persons to provide local services or local services of particular descriptions;
- (d) provide for services not to be registered under section 6, and for variations of registration under section 6 not to be made, in prescribed cases;
- (e) make provision as to the period during which the registration, or variation of registration, of local services under section 6 is subject to provision under subsection (6).
- (8) Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular—
- (a) make provision as to the procedure for cancellation under this section, including provision for giving notice of an intention to cancel unless an operator of a local service satisfies prescribed conditions;
- (b) make provision for cancellation under subsection (3) or (4) to be revoked if prescribed conditions are satisfied, including conditions relating to the variation or cancellation under section 6 of the registration of one or more of the services affected;
- (c) make provision for the time at which cancellation under subsection (3) or (4) becomes effective to be postponed in prescribed circumstances.
- (9) In this section—
- “local transport authority” has the meaning given in section 108(4) of the Transport Act 2000;
- “operation requirement” and “route requirement” have the same meaning as in section 6D.
6F
- (1) A person may appeal to the Upper Tribunal against—
- (a) a decision to record a requirement under section 6(2D) (recording of requirements specified in an enhanced partnership scheme) in relation to a service provided by the person,
- (b) a refusal under section 6D(2) or (3) of an application made by the person, or
- (c) a cancellation under section 6E of the registration of a service provided by the person.
- (2) But if the decision, refusal or cancellation was made by a local transport authority by virtue of section 6G—
- (a) the appeal as regards that matter is to be made to a traffic commissioner, and
- (b) the local transport authority or authorities operating the relevant enhanced partnership scheme under section 138A of the Transport Act 2000 is or are to be parties to the proceedings.
- (3) On an appeal under subsection (2), a traffic commissioner may—
- (a) uphold the decision,
- (b) quash the decision, or
- (c) substitute a decision for the decision made.
- (4) Regulations may make provision—
- (a) as to the time within which, and the manner in which, appeals under subsection (2) may be made, and
- (b) as to the procedure to be followed in connection with such appeals.
- (5) A decision of a traffic commissioner on an appeal under subsection (2) may be appealed to the Upper Tribunal by—
- (a) the person who appealed under subsection (2), or
- (b) the local transport authority or authorities operating the relevant enhanced partnership scheme.
- (6) A local transport authority or authorities operating an enhanced partnership scheme under section 138A of the Transport Act 2000 may appeal to the Upper Tribunal against—
- (a) a decision of a traffic commissioner to register a service that has a stopping place in the area to which the scheme relates, or
- (b) a decision of a traffic commissioner not to record a requirement under section 6(2D) in relation to such a service.
- (7) For the purposes of section 13(2) of the Tribunals, Courts and Enforcement Act 2007 (appeals to Court of Appeal etc against decisions of the Upper Tribunal) the following persons are to be treated as parties to a case—
- (a) the person whose service is in question;
- (b) the local transport authority or authorities operating the relevant enhanced partnership scheme; and
- (c) a traffic commissioner.
- (8) In this section “local transport authority” has the meaning given in section 108(4) of the Transport Act 2000.
6G
- (1) This section applies where notice of—
- (a) the making of an enhanced partnership scheme under section 138A of the Transport Act 2000, or
- (b) the varying of an enhanced partnership scheme,
is given to a traffic commissioner under section 138G(5) or 138M(6) of the Transport Act 2000 by a local transport authority or authorities.
- (2) The authority or authorities must also notify the traffic commissioner—
- (a) whether or not the scheme, or the scheme as varied, specifies a route requirement, and
- (b) in relation to each route requirement specified, whether or not it relates to—
- (i) a particular service that only has stopping places in the area to which the scheme relates,
- (ii) particular services at least one of which is such a service, or
- (iii) a particular description of services which includes or is capable of including such a service.
- (3) In a case where the scheme, or the scheme as varied, relates to the whole or part of the combined area of two or more local transport authorities, the notification under subsection (2) must also state which of the authorities is the lead authority.
- (4) If the scheme, or the scheme as varied, specifies a route requirement that relates to a particular service that only has stopping places in the area to which the scheme relates, particular services at least one of which is such a service or a particular description of services which includes or is capable of including such a service—
- (a) a traffic commissioner must delegate the relevant registration functions as regards services that only have stopping places in that area to the authority or the lead authority (as the case may be), and
- (b) the authority or the lead authority (as the case may be) must carry them out.
- (5) A delegation under subsection (4) has effect—
- (a) when the scheme comes into operation, or
- (b) when the variation of the scheme takes effect (as the case may be).
- (6) If subsection (4) does not apply, the authority or the lead authority (as the case may be)—
- (a) may elect to carry out the relevant registration functions as regards services that only have stopping places in the area to which the scheme relates as from a particular time, and
- (b) if that election is made, must notify a traffic commissioner of that election and the time selected.
- (7) If notification is given under subsection (6), a traffic commissioner must delegate the relevant registration functions to—
- (a) the authority, or
- (b) the lead authority (as the case may be);
and the authority or the lead authority (as the case may be) must carry them out.
- (8) A delegation under subsection (4) or (7) may come to end only when the scheme in question ceases to operate.
- (9) Regulations may be made for the purpose of carrying this section into effect.
- (10) In this section—
- “local transport authority” has the meaning given in section 108(4) of the Transport Act 2000;
- “the relevant registration functions”, in relation to an enhanced partnership scheme, means the functions of a traffic commissioner under sections 6, 6D and 6E of this Act so far as relating to—in the case of functions relating to the variation of registration, services that would be relevant services if varied as proposed, orin the case of any other function, relevant services;
- “relevant service”, in relation to an enhanced partnership scheme, means a local service that only has stopping places in the area to which the scheme relates;
- “route requirement” has the same meaning as in section 6D.
6H
- (1) This section applies where the relevant registration functions of a traffic commissioner are carried out by a local transport authority in accordance with section 6G.
- (2) The local transport authority may charge fees under this section in respect of—
- (a) an application under section 6 of this Act for the registration of a relevant service,
- (b) an application under section 6 of this Act for the variation of the registration of a service that, as varied, would be or continue to be a relevant service, and
- (c) an application under section 6 of this Act for the cancellation of the registration of a relevant service.
- (3) The fees—
- (a) are to be determined by or in accordance with regulations,
- (b) are to be payable by such persons and at such times as the regulations may provide, and
- (c) are to be payable in one sum or in instalments, as provided by the regulations.
- (4) If a fee or instalment of a fee due under this section has not been paid, the local transport authority may decline to proceed with an application referred to in subsection (2) to which the fee or instalment relates until the fee or instalment is paid.
- (5) Amounts received in respect of fees charged under this section are not payable to the traffic commissioner (and accordingly may be retained by a local transport authority).
- (6) Where this section applies, fees may not be charged under section 52 of the 1981 Act (as applied by section 126 of this Act) in respect of an application referred to in subsection (2).
- (7) In this section—
- “local transport authority” has the meaning given in section 108(4) of the Transport Act 2000;
- “relevant service” has the same meaning as in section 6G;
- “the relevant registration functions” has the same meaning as in section 6G.
6I
- (1) This section applies where the relevant registration functions of a traffic commissioner are carried out by a local transport authority in accordance with section 6G.
- (2) The local transport authority must keep a record of—
- (a) the local services that are registered and the registrations that are varied or cancelled by the authority under section 6;
- (b) the requirements imposed under section 138A(5)(b) of the Transport Act 2000 that are recorded by the authority as applying to services registered under section 6;
- (c) the local services that are cancelled by the authority under section 6E.
- (3) The authority must allow the record to be inspected at all reasonable times by members of the public.
- (4) The authority must supply to a traffic commissioner particulars of—
- (a) the local services that are registered and the registrations that are varied or cancelled by the authority under section 6;
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