Transport Act 1985 Part I General Provisions Relating to Road Passenger Transport Abolition of road service licensing Abolition of road service licensing. 1 1 The provisions of Part III of the 1981 Act (road service licences) shall cease to have effect. 2 Those provisions are replaced— a in relation to London local services, by Part II of this Act; and b in relation to other local services, by sections 6 to 9 of this Act. 3 Schedule 1 to this Act shall have effect for the purpose of making amendments in other enactments consequential on this section. Meaning of “local service” Local services. 2 1 In this Act “ local service ” means a service, using one or more public service vehicles, for the carriage of passengers by road at separate fares other than one— a which is excluded by subsection (4) below; or b in relation to which (except in an emergency) one or both of the conditions mentioned in subsection (2) below are met with respect to every passenger using the service. 2 The conditions are that— a the place where he is set down is fifteen miles or more, measured in a straight line, from the place where he was taken up; b some point on the route between those places is fifteen miles or more, measured in a straight line, from either of those places. 3 Where a service consists of one or more parts with respect to which one or both of the conditions are met, and one or more parts with respect to which neither of them is met, each of those parts shall be treated as a separate service for the purposes of subsection (1) above. 4 A service shall not be regarded for the purposes of this Act as a local service if— a the conditions set out in Part III of Schedule 1 to the 1981 Act (trips organised privately by persons acting independently of vehicle operators, etc. ) are met in respect of each journey made by the vehicles used in providing the service; or b every vehicle used in providing the service is so used under a permit granted under section 19 of this Act. 5 Subsections (5)(b), (c) and (6) of section 1 of the 1981 Act (meaning of “fares”) shall apply for the purposes of this section. Traffic commissioners Traffic commissioners. 3 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 For sections 4 and 5 of the 1981 Act (traffic commissioners) there shall be substituted the following sections— Traffic commissioners. 4 1 There shall be a commissioner for each traffic area constituted for the purposes of this Act. 2 The commissioner for each traffic area shall be appointed by the Secretary of State and shall be known as the traffic commissioner for the area. 3 The traffic commissioner for a traffic area shall be responsible for issuing licences under this Act and shall have such other functions as are given to him by, or in pursuance of, this Act or any other enactment. 4 Any person appointed to be the traffic commissioner for a traffic area shall— a act under the general directions of the Secretary of State; and b vacate his office on attaining the age of sixty-five, or on such later date before he attains the age of sixty-six as the Secretary of State may at any time direct, but otherwise hold office during Her Majesty’s pleasure. 5 Where the Secretary of State proposes to appoint a person to be the traffic commissioner for a traffic area he shall, before making the appointment, require that person to declare if he has any, and if so what, financial interest in any transport undertaking which carries passengers or goods by road within Great Britain. 6 Schedule 2 to this Act shall have effect with respect to traffic commissioners. Publication of information by traffic commissioners. 5 1 Every traffic commissioner shall publish, in such form and at such times as may be prescribed, such information with respect to the exercise, or proposed exercise, of any of his functions under this Act or the Transport Act 1985 as may be prescribed. 2 Where the traffic commissioner for a traffic area publishes information under this section he shall— a send a copy of the publication— i to every chief officer of police, Passenger Transport Executive and local authority whose area falls partly or wholly within that traffic area; and ii where that traffic area falls wholly or partly within London, to London Regional Transport; and b make a copy of it available (by post if required and on payment of such fee as may be prescribed) to anyone who asks for one. 3 In this section “ local authority ” means— a in England and Wales, the council of any non-metropolitan county, any district or London borough or the Common Council of the City of London; and b in Scotland, any regional or islands council. 3 For Schedule 2 to the 1981 Act (traffic commissioners) there shall be substituted the Schedule set out in Part I of Schedule 2 to this Act. 4 For subsection (1) of section 59 of the 1968 Act (licensing authority for Part V of that Act) there shall be substituted— 1 The traffic commissioner for any traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981 shall exercise the functions conferred on him by this Part of this Act and is in this Part of this Act referred to as “the licensing authority.” 5 Part II of Schedule 2 to this Act shall have effect for the purpose of making further consequential amendments in other enactments. Inquiries held by traffic commissioners. 4 For section 54 of the 1981 Act (procedure of traffic commissioners) there shall be substituted the following section— Inquiries held by traffic commissioners. 54 1 A traffic commissioner may, at such places as appear to him to be convenient, hold such inquiries as he thinks fit in connection with the exercise of his functions. 2 Where, as respects the proposed exercise of his powers on any occasion, a traffic commissioner receives a request for an inquiry from two or more persons he may hold a single inquiry in response to those requests. 3 Subject to any provision made by regulations, any inquiry held under this section shall be public. 4 Where a traffic commissioner proposes to hold an inquiry for the purpose of considering any application or proposal, he shall publish notice of the inquiry in the prescribed manner. 5 Where a traffic commissioner holds an inquiry he may, in such circumstances as may be prescribed and subject to any provision made under subsection (6) below, make such order as he thinks fit as to the payment, by such party to the inquiry as he thinks fit, of costs incurred by him or by the Secretary of State in connection with the holding of the inquiry. 6 Regulations may make provision, in relation to orders under subsection (5) above, as to— a the method of calculating the amount of any costs incurred as mentioned in that subsection; and b the maximum amount which may be ordered to be paid under such an order. 7 Any amount so ordered to be paid by any person may be recoverable from him— a in England and Wales, as a debt due to the Crown; or b in Scotland, by the Secretary of State. 8 Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not be disclosed, so long as that trade or business continues to be carried on, except— a with the consent of the person for the time being carrying it on; b for the purpose of the discharge by any person of his functions under any enactment mentioned in subsection (9) below; or c with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of any such enactment (including proceedings before the Transport Tribunal); and any person who discloses any information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. 9 The enactments referred to in subsection (8)(b) and (c) above are— a sections 12 to 21 of this Act; and b sections 24 to 28 of the Transport Act 1985. 10 The Secretary of State may by order made by statutory instrument amend subsection (9) above by adding a reference to an enactment or by removing any such reference; and any statutory instrument made in exercise of the power conferred by this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament. Assistance for traffic commissioners in considering financial questions. 5 After section 17 of the 1981 Act, there shall be inserted the following section— Assessors to assist traffic commissioners. 17A 1 In considering any financial question which appears to him to arise in relation to the exercise of his functions under section 14, 16 or 17 of this Act, a traffic commissioner may be assisted by an assessor drawn from a panel of persons appointed by the Secretary of State for the purposes of this section. 2 A traffic commissioner shall pay to any such assessor, in respect of his services, such remuneration as may be determined by the Secretary of State with the consent of the Treasury. Registration of local services Registration of local services. 6 1 In this section “ service ” means a local service which is neither a London local service nor a service which falls within subsection (1A) or (1D) below nor a service provided under an agreement entered into, where a railway service has been temporarily interrupted, with the Secretary of State, the Scottish Ministers or the National Assembly for Wales under section 40 of the Railways Act 2005 (substitution services provided for interrupted or discontinued railway services) . 1A A service falls within this subsection if conditions A and B are satisfied in relation to it. 1B Condition A is satisfied if the service is provided in pursuance of— a the obligation placed on a local authority by section 508B(1), section 508F(1), ... or section 509AA(7)(b) or (9)(a) of the Education Act 1996 (provision of transport etc ); b the exercise of the power of a local authority under section 508C(1) of that Act; ... c arrangements made by a local authority in pursuance of a scheme made by them under Schedule 35C to that Act (school travel schemes). d the obligation placed on a local authority by sections 3 or 4 of the Learner Travel (Wales) Measure 2008; or e the exercise of the power of a local authority under section 6 of that Measure. 1C Condition B is satisfied if the service is for the carriage of any of the following persons (and no other)— a a person receiving education or training at premises to or from which transport is provided in pursuance of the obligation, the exercise of the power or the arrangements, as the case may be, mentioned in paragraph (a), (b) , (c), (d) or (e) of subsection (1B); b a person supervising or escorting any such person while he is using such transport; c a person involved with the provision of education or training at any such premises. 1D A service falls within this subsection if— a it has one or more stopping places in England, and b it is provided under an agreement entered into, where a railway service has been temporarily interrupted, with the person who usually provides the railway service. 1E Where a service is provided both inside and outside England, any part of the service which is provided outside England is to be treated as a separate service for the purposes of subsection (1D) if there is any stopping place for that part of the service outside England. 2 Subject to regulations under this section, no service shall be provided in any traffic area in which there is a stopping place for the service unless— a the prescribed particulars of the service have been registered with a traffic commissioner by the operator of the service; b the period of notice in relation to the registration has expired; and c the service is operated in accordance with the registered particulars. 2A Where— a any registration restrictions imposed under section 113D(1) or 114(3A) of the Transport Act 2000 (advanced quality partnership schemes and quality partnership schemes) are in force, and b an application for registration is made in respect of a service in relation to which those restrictions have effect, section 6A of this Act has effect in relation to the application. 2B Where— a a quality contracts scheme under section 124 of the Transport Act 2000 is in force in relation to an area in Wales , b an operator proposes to provide a local service which is to have one or more stopping places within the area to which the scheme relates, c the proposed service is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and d the operator does not propose to provide the service under a quality contract by virtue of the scheme, section 6B of this Act has effect with respect to registration of that service. 2C Where— a a requirement imposed under section 138A(5)(b) of the Transport Act 2000 (requirements specified in an enhanced partnership scheme) has effect, and b an application to register a service, or to vary the registration of a service, is made in respect of a service to which that requirement would apply if the application were granted, section 6D has effect with respect to the application. 2D Where— a an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation, b a service is registered, or a registration of a service is varied, under this section, and c a requirement imposed under section 138A(5)(b) of the Transport Act 2000 applies to the service or the service as varied, the requirement is to be recorded with the particulars of the service required to be registered under this section. 3 In subsection (2) above “ the period of notice ”, in relation to any registration, means, subject to regulations under this section— a the period prescribed for the purposes of this subsection; or b if longer, the period beginning with the registration and ending with the date given to the traffic commissioner by the operator as the date on which the service will begin. 4 An application for registration shall only be accepted from a person who either holds an unconditional PSV operator’s licence or a permit under section 22 of this Act or is using, or proposing to use, a school bus belonging to that person for farepaying passengers in accordance with section 46(1) of the 1981 Act. 5 In subsection (4) above “ unconditional ”, in relation to a PSV operator’s licence, means a licence which does not have attached to it a condition imposed under section 26(1) of this Act prohibiting, or having the effect of prohibiting, the operator from using vehicles under the licence to provide the service to which the application in question relates. 6 In this Act any reference to a service registered under this section is a reference to a service in respect of which the prescribed particulars are registered under this section. 7 Any registration may be varied or cancelled on an application made by the operator of the service to which it relates. 7A Where— a a quality contracts scheme under section 124 of the Transport Act 2000 is in force in relation to an area in Wales , b the operator of a local service registered under this section proposes to vary the registration, c the service, as proposed to be varied, is to have one or more stopping places within the area to which the scheme relates, d the service, as proposed to be varied, is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and e the operator does not propose to provide the service, as proposed to be varied, under a quality contract by virtue of the scheme, section 6B of this Act has effect with respect to the variation of the registration. 7B Where an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation, the registration of a service may also be cancelled under section 6E. 8 Subject to regulations under this section and, in the case of variation, to section 6B of this Act , the variation or cancellation of a registration shall become effective— a on the expiry of the period beginning with the date on which a traffic commissioner accepts the application and ending with the date determined in accordance with regulations under this section; or b if later, on the day given to a traffic commissioner by the operator as the effective date for the variation or (as the case may be) cancellation. 9 Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular, make provision— a for permitting the variation of a registered service, in such circumstances as may be prescribed, without variation of the registration; b for excluding or modifying the application of subsection (3) or (8) above in such cases or classes of case as may be prescribed; c that in such cases or classes of case as may be prescribed— i subsection (2) above shall have effect as if for the reference in paragraph (b) to the period of notice there were substituted a reference to such period as a traffic commissioner may determine; ii subsection (8) above shall have effect as if for the reference in paragraph (a) to the date on which the period mentioned in that paragraph is to expire there were substituted a reference to such date as a traffic commissioner may determine; d as to the procedure for applying for registration or for the variation or cancellation of a registration; e for an application for registration or for the variation or cancellation of a registration not to be accepted by a traffic commissioner unless the applicant gives to a traffic commissioner such information as a traffic commissioner may reasonably require in connection with the application (or, if the applicant is subject to requirements imposed by regulations made by virtue of section 141A(1)(a) of the Transport Act 2000, complies with those requirements) ; f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g as to the documents (if any) to be issued by a traffic commissioner with respect to registrations; h as to the cancellation of registrations relating to discontinued services; ha as to the variation or cancellation of the record of a requirement imposed under section 138A(5)(b) of the Transport Act 2000; i for enabling a traffic commissioner to require the operator of a registered service, in such circumstances as may be prescribed, to keep records of such matters relating to the operation of the service, in such manner, as may be prescribed; j for requiring the operator of a registered service who is required to keep records by regulations made by virtue of paragraph (i) above to make those records available to a traffic commissioner ; k for requiring the operator or prospective operator of a registered service to give, to such persons and at such times as may be prescribed, such information as may be prescribed with respect to the service, or proposed service, or any proposal to vary or cancel the registration of the service; ka for imposing restrictions on the use that may be made of records made available as mentioned in paragraph (j) above or information given as mentioned in paragraph (k) above; l for excluding from the application of this section services which are— i excursions or tours; or ii excursions or tours falling within a prescribed class. 10 Regulations made by virtue of paragraph (ka) of subsection (9) above— a may create one or more criminal offences relating to the use of records or information in breach of the restrictions imposed by those regulations, but b may not provide, in respect of any such offence, for a penalty greater than a fine not exceeding level 4 on the standard scale. 11 The power to make regulations under subsections (2), (3) and (9), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State). Provision of service information in Scotland Provision of service information when varying or cancelling registration 6ZA 1 This section applies where an operator of a local service registered under section 6 notifies an affected authority in accordance with regulations under that section that the operator proposes to make an application to vary or cancel the registration. 2 The affected authority may, within such period as may be prescribed, require the operator to provide them with such information relating to the local service as may be prescribed. 3 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. 4 A requirement for information under subsection (2) may be made only— a for the purposes of the affected authority exercising their functions under section 9A of the Transport Act 1968 or, as the case may be, section 63 of this Act, and b in respect of— i the period of 12 months ending on the day on which the requirement is made, or ii where the service has not operated for the whole of the period of 12 months preceding the day on which the requirement is made, the period of operation up to the day on which the requirement is made. 5 An operator who is subject to a requirement under this section— a must provide any information required under subsection (2) within such period as may be prescribed, b may, at the same time, provide evidence that the disclosure of some or all of the information it has provided is likely to damage its commercial interests and request that the information in question is not disclosed under section 6ZB(3). 6 For the purposes of this section and sections 6ZB and 6ZC, “ affected authority ”, in relation to a local service registered under section 6, means a council or a Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005 which— a have functions under section 9A of the Transport Act 1968 or section 63 of this Act, and b have within their area or, as the case may be, region a stopping place which would be affected by the variation or cancellation of the registration of the service by an operator. Provision of service information: extent of permissible disclosure 6ZB 1 An affected authority may disclose information received from an operator under section 6ZA only in accordance with this section. 2 An affected authority may disclose information of the type described in section 6ZA(3)(a)— a to an economic operator in connection with an invitation to submit a tender to provide a supported service to replace or supplement the service being varied or cancelled, b to another affected authority, c to such other persons as may be prescribed. 3 An affected authority may disclose information of the type described in section 6ZA(3)(b)— a to an economic operator in connection with an invitation to submit a tender to provide a supported service to replace or supplement the service being varied or cancelled, b to another affected authority. 4 Information disclosed under subsection (3)(a) of this section— a must be aggregated into an annual figure, b must not be disclosed in circumstances where the affected authority have decided to assume the revenue-related risk for the supported service by keeping the revenue obtained by operating the service. 5 An affected authority which receive information under subsection (2)(b) or (3)(b) must not disclose that information to any other person. 6 Where an operator has provided evidence and made a request under section 6ZA(5)(b), the affected authority must— a decide whether, on the basis of the evidence submitted, they are satisfied that the disclosure of some or all of the information is likely to cause damage to the commercial interests of the operator, and b notify the operator of their decision. 7 The affected authority must not disclose any information which is the subject of a request under section 6ZA(5)(b)— a until they have complied with their duties under subsection (6), and b where they decide that they are satisfied that disclosure of the information is likely to cause damage to the commercial interests of the operator. 8 An affected authority who, without reasonable excuse, disclose information in contravention of this section commit an offence. 9 An affected authority who commit an offence under subsection (8) are liable on summary conviction to a fine not exceeding level 5 on the standard scale. 10 Where an offence under subsection (8) committed by an affected authority is proved to have been committed with the consent or connivance of, or to be attributable to the neglect on the part of, a person employed by the authority, the person as well as the authority is guilty of the offence and liable to be proceeded against and punished accordingly. 11 In this section— “ economic operator ” means any person, public entity or group of persons or entities including any temporary association of undertakings that offers to provide local services on the market, “ supported service ” means a service which is subsidised under section 9A(4) of the Transport Act 1968 or, as the case may be, section 63(5) of this Act. Provision of service information: further provision and consultation 6ZC 1 Regulations under this section may make provision for the purposes of giving full effect to sections 6ZA and 6ZB, including, without limit to that generality, provision— a for excluding or modifying the application of section 6ZA in such circumstances as may be specified in the regulations, b about the procedures to be followed by affected authorities and operators, including the manner in which authorities are to require information to be provided, c requiring operators to keep records of such information as may be specified in the regulations, d substituting a different period (or periods) for the period for the time being specified in section 6ZA(4)(b), e about the form and (subject to section 6ZA(3)) content of the information that operators may be required to provide. 2 Before making regulations under section 6ZA(2) or (5), 6ZB(2) or this section, the Scottish Ministers must consult— a such persons as appear to them to be representative of operators and users of local services, b each council and Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005 which have functions under section 9A of the Transport Act 1968 or section 63 of this Act, and c such other persons as the Scottish Ministers consider appropriate. Applications for registration etc where restrictions are in force 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, and which (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). Applications for registration where quality contracts scheme in force 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, or in 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, or if 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). Variation or cancellation of registration: service information 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. Applications for registration where an enhanced partnership scheme is in operation 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. Cancellation and control of registration where enhanced partnership scheme is in operation 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. Enhanced partnership schemes: appeals 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. Traffic commissioner functions where an enhanced partnership scheme in operation 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, or in 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. Fees relating to relevant registration functions 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. Records of registration etc 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; 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. 5 A record kept under this section is admissible in evidence of the matters required under this section to be entered in that record. 6 A copy of an entry made in such a record in pursuance of this section purporting to be— a signed on behalf of the authority by which the record is kept, and b certified as a true copy, is evidence of the matters stated in that entry without proof of the signature or authority of the person signing it. 7 Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular, make provision— a as to the form of records under this section and the particulars they must contain; b as to the particulars to be supplied to a traffic commissioner under this section. 8 In this section— “ local transport authority ” has the meaning given in section 108(4) of the Transport Act 2000; “ the relevant registration functions ” has the same meaning as in section 6G. Contracting out of registration functions: fees 6J 1 Regulations may make provision about the charging of fees where an authorised person exercises a function of a traffic commissioner in relation to an application specified in subsection (2). 2 Those applications are— 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 Regulations under this section may allow or require the authorised person to charge fees in respect of the application to which the function relates. 4 The regulations may— a specify the fees chargeable, or b make provision about the setting of fees by the authorised person, including provision about determining the amounts of such fees. 5 The regulations may include provision about— a who must pay the fees and at what times, and b whether the fees are payable in one sum or in instalments. 6 The regulations may provide that, if a fee or instalment of a fee due under the regulations has not been paid, the authorised person 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. 7 The regulations may make provision about how amounts received in respect of fees charged under the regulations are to be applied. 8 Provision made by virtue of subsection (7) may include— a provision for such amounts not to be payable to the traffic commissioner, and b provision that such amounts are to be paid, or not to be paid, into the Consolidated Fund. 9 The regulations may provide that fees are not to be charged under section 52 of the 1981 Act (as applied by section 126 of this Act) in respect of the applications referred to in subsection (2). 10 In this section— “ authorised person ”, in relation to a function of a traffic commissioner, means a person authorised to exercise that function by virtue of an authorisation given in accordance with an order under section 69 of the Deregulation and Contracting Out Act 1994; “ relevant service ” means a service which has stopping places only in England; “ service ” has the meaning given in section 6(1). Application for registration where service standard has effect 6K 1 This section applies where— a a bus services improvement partnership scheme made under section 3B of the Transport (Scotland) Act 2001 is in operation, b a service standard imposed under section 3B(3)(b) of that Act 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 service standard would apply if the application were granted, and d the application is one which would, but for this section, fall to be accepted. 2 A traffic commissioner must refuse the application if— a the service standard is an operational service standard, 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 the service standard as regards that service. 3 In this section, “ operational service standard ” is to be construed in accordance with section 3C(1)(b) of the Transport (Scotland) Act 2001. Cancellation of registration when operational service standards not met 6L 1 This section applies where— a a bus services improvement partnership scheme made under section 3B of the Transport (Scotland) Act 2001 is in operation, and b one or more service standards imposed under section 3B(3)(b) of that Act have effect. 2 If a traffic commissioner considers that— a an operational service standard imposed by the scheme applies to a service registered under section 6, and b the service is not being provided in accordance with that service standard, the traffic commissioner may cancel the registration of that service. 3 In this section, “ operational service standard ” is to be construed in accordance with section 3C(1)(b) of the Transport (Scotland) Act 2001. Power to make regulations for appeals against service standards decisions 6M Regulations may make provision for or about appeals relating to any— a decision to record a service standard as a prescribed particular under section 6(2ZA), b refusal of an application by virtue of section 6K(2), c cancellation of the registration of a service by virtue of section 6L(2), d decision to register a service that has a stopping place in the area to which the scheme relates, or e decision not to record a service standard in relation to such a service under section 6(2ZA). Scrutiny of operation of bus services improvement partnership 6N 1 This section applies where— a a bus services improvement partnership scheme made under section 3B of the 2001 Act (“ the scheme ”) is in operation, and b it appears to a traffic commissioner that the local transport authority (or authorities) who made the scheme may not be complying with their obligations under it including, in particular, any duty arising under section 3F(2) or (3) of the 2001 Act. 2 The traffic commissioner may— a investigate the actions of the local transport authority (or authorities) in relation to their compliance with their obligations under the scheme, b require the authority (or authorities) to provide such information as the commissioner may specify for the purposes of the investigation. 3 A local transport authority may be required to provide the information before the end of such period as may be specified by the traffic commissioner when imposing the requirement. 4 Following an investigation under subsection (2), the traffic commissioner must prepare and publish a report— a setting out whether or not the commissioner is satisfied that the local transport authority (or authorities) are complying with their obligations under the scheme, and b if the commissioner is not satisfied that the authority (or authorities) are complying with their obligations, making such recommendations as the commissioner considers appropriate, including, in particular, recommendations that the authority (or authorities) take such remedial action as may be specified in the report. 5 Before publishing a report prepared under subsection (4), the commissioner must provide a copy of it to— a the local transport authority (or authorities) who made the scheme, and b each operator providing a local service with a stopping place in the area of the scheme. 6 Where, under section 3E of the 2001 Act, the Scottish Ministers acted jointly with a local transport authority (or authorities) to make the scheme, this section applies to the Scottish Ministers as it applies to the authority (or authorities). 7 In this section— “ 2001 Act ” means the Transport (Scotland) Act 2001, “ local transport authority ” has the meaning given in section 82(1) of the 2001 Act. Application of traffic regulation conditions to local services subject to registration under section 6. 7 1 If a traffic authority asks him a traffic commissioner to exercise his powers under this section in relation to a particular traffic problem which has arisen or which the authority reasonably foresees is likely to arise , the traffic commissioner for any traffic area he or any other traffic commissioner may determine conditions (“traffic regulation conditions”) which must be met in the provision of services in the area to which the conditions are expressed to apply. 2 In this section “ service ” means any local service to which section 6 of this Act applies. 3 The area to which traffic regulation conditions may be expressed to apply is any part of the traffic area of the traffic commissioner determining them a traffic area . 3A Traffic regulation conditions may not be expressed to apply to an area to which an enhanced partnership scheme under section 138A of the Transport Act 2000 relates. 4 No traffic commissioner shall determine traffic regulation conditions unless he is satisfied, after considering the traffic in the area in question, that such conditions are required are, or are likely to be, required in order to— a prevent danger to road users; . . . b reduce severe traffic congestion ; or c reduce or limit noise or air pollution. 5 In considering what traffic regulation conditions to apply to a particular area a traffic commissioner shall have regard in particular to the interests of— a those who have registered under section 6 of this Act services which are or will be operated in the area; b those who are, or are likely to be, users of such services; and c persons who are elderly or disabled. 6 The purposes for which traffic regulation conditions may be determined are the regulation of— a the routes of services; b the stopping places for services; c when vehicles used in providing services may stop at such stopping places and for how long they may do so; and d such other matters as may be prescribed. 7 Subject to subsection (8) below, traffic regulation conditions shall apply— a to all services operated in the area to which the conditions are expressed to apply; or b to such class of service operated there as may be specified in the conditions. 8 Where the traffic commissioner for any traffic area a traffic commissioner is satisfied that traffic regulation conditions applying generally to a particular part of his traffic area a traffic area would be inappropriate as a means of achieving the regulation of traffic which he considers is required there, he may determine traffic regulation conditions which apply only to the service or services specified in the conditions. 9 Before determining any traffic regulation conditions, a traffic commissioner shall hold an inquiry if he has received (within the prescribed period) a request for an inquiry a request for an inquiry has been received by a traffic commissioner (within the prescribed period) from— a the traffic authority which made the request under subsection (1) above; b any other traffic authority likely to be affected by traffic regulation conditions determined in response to that request; or c any person who has registered under section 6 of this Act a service which is or will be operated in the area in question; and the request has not been withdrawn. 10 Subsection (9) above shall not apply where the traffic commissioner is satisfied that the conditions should be determined without delay. 11 Where, in reliance on subsection (10) above, a traffic commissioner determines traffic regulation conditions without first holding an inquiry, he he or another traffic commissioner shall hold one as soon as is reasonably practicable if any person mentioned in subsection (9)(a) or (c) above or any other traffic authority affected by the conditions has, before the end of the prescribed period, asked him to do so if a request for a traffic commissioner to do so is made to a traffic commissioner, before the end of the prescribed period, by any person mentioned in subsection (9)(a) or (c) above or any other traffic authority affected by the conditions . 12 Before asking a traffic commissioner to exercise his powers under this section in relation to a a road for which the Secretary of State is the highway or roads authority , a traffic authority shall obtain leave of the Secretary of State; but leave given under this subsection shall not be taken to indicate the Secretary of State’s approval of any conditions determined by the traffic commissioner a traffic commissioner in response to the request. 13 Traffic regulation conditions may make different provision with respect to the operation of any service to which they apply during different periods of the year, on different days of the week, or at different times during any period of 24 hours. 14 A traffic commissioner may vary or revoke any traffic regulation conditions determined by him (whether determined by him or another traffic commissioner) on being requested to do so if a request for a traffic commissioner to do so is made to a traffic commissioner by— a any traffic authority; or b the operator of any service affected by the conditions. 14A Where an enhanced partnership scheme under section 138A of the Transport Act 2000 comes into operation as regards an area, any traffic regulation condition expressed to apply in an area that consists of or includes the area to which the scheme relates ceases at that time to apply in the area to which the scheme relates. 14B A traffic commissioner may accordingly vary or revoke a traffic regulation condition (without a request being made). 15 In this section “ traffic authority ” means— a in relation to England and Wales, the council of any metropolitan district or non-metropolitan county; and b in relation to Scotland, the council of any local government area. 16 The power to make regulations under subsections (6)(d), (9) and (11), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State). Enforcement of traffic regulation conditions, etc. 8 1 Where traffic regulation conditions have been determined under section 7 of this Act, it shall be the duty of the traffic commissioner by whom any relevant licence or permit has been granted a traffic commissioner to attach the conditions to that licence or, as the case may be, to that permit. 2 In this section— “ licence ” means a PSV operator’s licence; “ permit ” means a permit under section 22 of this Act; and a licence or permit is relevant for the purposes of this section if a local service registered under section 6 of this Act by the holder of the licence or permit is affected by the conditions. 3 Where the traffic commissioner who determined the traffic regulation conditions and the traffic commissioner who granted the relevant licence or permit are different, it shall be the duty of the commissioner determining the conditions to send to the other commissioner— a details of the conditions; and b the name of the person registering the particulars of the local service. 4 If traffic regulation conditions which have been attached to a licence or permit under this section are subsequently varied or revoked, it shall be the duty of the traffic commissioner or commissioners concerned to a traffic commissioner must secure that the conditions as so attached are correspondingly varied or (as the case may be) removed. 5 Traffic regulation conditions shall be of no effect to the extent to which they are incompatible with any provision made by or under any enactment prohibiting or restricting the use of any road by traffic. 6 Where the operator of a local service is unable both to operate the service in accordance with the particulars of the service registered under section 6 of this Act and to comply with— a traffic regulation conditions; or b any other provision of a kind mentioned in subsection (5) above; any failure to operate the service in accordance with those particulars which occurs at any time before the expiry of the prescribed period beginning with the coming into force of the conditions or provision shall be disregarded to the extent to which it is attributable to his having to comply with the conditions or provision. Appeals against traffic regulation conditions. 9 1 Any person to whom subsection (2) below applies may appeal to the Upper Tribunal against— a the determination, variation or revocation of any traffic regulation conditions under section 7 of this Act; or b the refusal by a traffic commissioner to comply with a request duly made under that section to determine, vary or revoke any such conditions. 2 The persons to whom this subsection applies are— a in relation to any determination, variation or revocation of conditions— i any person who has registered under section 6 of this Act a local service which is, or is likely to be, affected by them; and ii any traffic authority aggrieved by the decision in question; and b in relation to any refusal to comply with a request, the person making the request. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 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 who appealed to the tribunal ; b any person who had a right to appeal to the tribunal against the relevant decision of the traffic commissioner but did not exercise that right; c any traffic authority aggrieved by the decision; and d a traffic commissioner. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 In this section “ traffic authority ” has the same meaning as in section 7 of this Act. Taxis and hire cars Immediate hiring of taxis at separate fares. 10 1 In the circumstances mentioned in subsection (2) below, a licensed taxi may be hired for use for the carriage of passengers for hire or reward at separate fares without thereby— a becoming a public service vehicle for the purposes of the 1981 Act or any related enactment; or b ceasing (otherwise than by virtue of any provision made under section 13 of this Act) to be subject to the taxi code. 2 The circumstances are that— a the taxi is hired in an area where a scheme made under this section is in operation; b the taxi is licensed by the licensing authority for that area; and c the hiring falls within the terms of the scheme. 3 In this section “ licensing authority ” means— a in relation to the London taxi area, Transport for London or the holder for the time being of any office designated by Transport for London for the purposes of this section; and b in relation to any other area in England and Wales, the authority having responsibility for licensing taxis in that area. 4 For the purposes of this section, a licensing authority may make a scheme for their area and shall make such a scheme if the holders of at least ten per cent. of the current taxi licences issued by the authority request the authority in writing to do so. 5 Any scheme made under this section shall— a designate the places in the area from which taxis may be hired under the scheme (“authorised places”); b specify the requirements to be met for the purposes of the scheme in relation to the hiring of taxis at separate fares; and c . . .— i include such provision, or provision of such description, as may be prescribed for the purposes of this sub-paragraph; ii not include provision of any such description as may be prescribed for the purposes of this sub-paragraph. 6 Subject to subsection (5) above, any scheme made under this section may, in particular, make provision with respect to— a fares; b the display of any document, plate, mark or sign for indicating an authorised place or that a taxi standing at an authorised place is available for the carriage of passengers at separate fares; c the manner in which arrangements are to be made for the carriage of passengers on any such hiring as is mentioned in subsection (1) above; and d the conditions to apply to the use of a taxi on any such hiring. 7 A licensing authority may, subject to subsection (5) above, vary any scheme made by them under this section. 8 . . . any scheme under this section, and any variation of such a scheme, shall be made in accordance with the prescribed procedure. 9 For the purposes of this section— a the hiring of a taxi falls within the terms of a scheme if— i it is hired from an authorised place; and ii the hiring meets the requirements specified by the licensing authority as those to be met for the purposes of the scheme; and b a taxi is hired from an authorised place if it is standing at that place when it is hired and the persons hiring it are all present there. 9A The power to make regulations under subsections (5)(c) and (8), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State). 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advance booking of taxis and hire cars at separate fares. 11 1 Where the conditions mentioned in subsection (2) below are met, a licensed taxi or licensed hire car may be used for the carriage of passengers for hire or reward at separate fares without thereby— a becoming a public service vehicle for the purposes of the 1981 Act or any related enactment; or b ceasing (otherwise than by virtue of any provision made under section 13 of this Act) to be subject to the taxi code or (as the case may be) the hire car code. 2 The conditions are that— a all the passengers carried on the occasion in question booked their journeys in advance; and b each of them consented, when booking his journey, to sharing the use of the vehicle on that occasion with others on the basis that a separate fare would be payable by each passenger for his own journey on that occasion. Use of taxis or hire cars in providing local services. 12 1 Where the holder of a taxi licence or a private hire vehicle licence — a applies to a traffic commissioner for a restricted PSV operator’s licence to be granted to him under Part II of the 1981 Act; and b states in his application that he proposes to use one or more licensed taxis or licensed hire cars to provide a local service; section 14 of the 1981 Act (conditions to be met before grant of PSV operator’s licence) shall not apply and the commissioner shall grant the application. 2 In this section “ special licence ” means a restricted PSV operator’s licence granted by virtue of this section. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Without prejudice to his powers to attach other conditions under section 16 of the 1981 Act, any traffic commissioner granting a special licence shall attach to it, under that section, the conditions mentioned in subsection (5) below. 5 The conditions are— a that every vehicle used under the licence shall be one for which the holder of the licence has a taxi licence or a private hire vehicle licence ; and b that no vehicle shall be used under the licence otherwise than for the purpose of providing a local service with one or more stopping places within the area of the authority which granted the relevant licence for that vehicle . 6 In subsection (5)(b) above “ local service ” does not include an excursion or tour. 7 The maximum number of vehicles which the holder of a special licence may at any one time use under the licence shall be the number of vehicles for which (for the time being) he holds relevant licences ; and a condition to that effect shall be attached to every special licence under section 16(1) of the 1981 Act. 8 Section 1(2) of the 1981 Act (vehicle used as public service vehicle to be treated as such until that use is permanently discontinued) shall not apply to any use of a licensed taxi or a licensed hire car for the provision of a local service under a special licence. 9 At any time when a licensed taxi or a licensed hire car is being so used it shall carry such documents, plates and marks, in such manner, as may be prescribed. 10 At any time when a licensed taxi or a licensed hire car is being so used the prescribed provisions of the taxi code or, as the case may be, the hire car code shall apply in relation to it; and any such provision may be so applied subject to such modifications as may be prescribed. 10A In subsections (9) and (10) “ prescribed ” means prescribed by the appropriate authority. 11 For the purposes of section 12(3) of the 1981 Act (which provides that where two or more PSV operators’ licences are held they must be granted ... for different traffic areas), special licences shall be disregarded. 12 A person may hold more than one special licence but shall not at the same time hold more than one such licence in relation to a particular traffic area. 13 The following provisions shall not apply in relation to special licences or (as the case may be) the use of vehicles under such licences— a sections 16(1A) and (2), 17(3)(d), 18 to 20 . . . and 26 of the 1981 Act; and b section 26(5) and (6) of this Act; and for the purposes of section 12 of that Act this section shall be treated as if it were in Part II of that Act. Provisions supplementary to sections 10 to 12. 13 1 The appropriate authority may by order make such modifications of the taxi code and the hire car code as it sees fit for the purpose of supplementing the provisions of sections 10 to 12 of this Act. 2 Any order made under subsection (1) above may, in particular, modify any provision— a relating to fares payable by the hirer of a vehicle; b requiring the driver of any vehicle to accept any hiring, or to drive at the direction of a hirer, or (as the case may be) of a prospective hirer, to any place within or not exceeding any specified distance or for any period of time not exceeding a specified period from the time of hiring; c making the carriage of additional passengers in any vehicle which is currently subject to a hiring dependent on the consent of the hirer. 3 In this section, and in sections 10 to 12 of this Act— “ the appropriate authority ” means— (a) in relation to— (i) a taxi licensed under section 37 of the Town Police Clauses Act 1847 or any similar enactment which applies outside the London taxi area, (ii) a licensed hire car licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976, or (iii) a taxi or private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982, the Secretary of State; (b) in relation to— (i) a taxi licensed under section 6 of the Metropolitan Public Carriage Act 1869, or (ii) a licensed hire car licensed under section 7 of the Private Hire Vehicles (London) Act 1998, Transport for London; “ licenced taxi ” means— (a) in England and Wales, a vehicle licensed under— (i) section 37 of the Town Police Clauses Act 1847; or (ii) section 6 of the Metropolitan Public Carriage Act 1869; or under any similar enactment; and (b) in Scotland, a taxi licensed under section 10 of the Civic Government (Scotland) Act 1982; “ London taxi area ” means the area to which the Metropolitan Public Carriage Act 1869 applies; “ licensed hire car ” means— (a) in England and Wales— (i) for the purposes of section 11 of this Act, a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998, (ii) for the purposes of section 12 of this Act, a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976; (b) in Scotland, a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982; “ hire car code ”, in relation to a licensed hire car used as mentioned in section 11 or 12 of this Act, means those provisions made by or under any enactment which would apply if it were hired by a single passenger for his exclusive use; “ related enactment ”, in relation to the 1981 Act, means any statutory provision (whenever passed or made) relating to public service vehicles in which “ public service vehicle ” is defined directly or indirectly by reference to the provisions of the 1981 Act; “ taxi code ”, in relation to any licensed taxi used as mentioned in section 10, 11 or 12 of this Act, means— (a) in England and Wales, those provisions made by or under any enactment which would apply if the vehicle were plying for hire and were hired by a single passenger for his exclusive use; and (b) in Scotland, the provisions of sections 10 to 23 of the Civic Government (Scotland) Act 1982, and Part I of that Act as it applies to these provisions; and “ taxi licence ” means a licence under section 6 of the Metropolitan Public Carriage Act 1869, section 37 of the Town Police Clauses Act 1847 or any similar enactment, or a taxi licence under section 10 of the Civic Government (Scotland) Act 1982. "relevant licence " means— (a) in relation to a licensed taxi, a taxi licence, and (b) in relation to a licensed hire car, a private hire vehicle licence; “ private hire vehicle licence ” means— in England and Wales, a licence under section 48 of the Local Government (Miscellaneous Provisions) Act 1976; in Scotland, a private hire car licence under section 10 of the Civic Government (Scotland) Act 1982. 4 Any order made under subsection (1) above may contain such supplementary, incidental, consequential and transitional provisions (including provisions modifying any enactment contained in any Act other than this Act) as appear to the Secretary of State to be necessary or expedient in consequence of any modification of the taxi code or the private hire car code made by the order. 5 The power to make an order under subsection (1) for the purpose of supplementing section 10 or 11, so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State); and the reference to the Secretary of State in subsection (4) is to be read accordingly. Application of sections 10 to 13 to London 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). Operation of taxis and private hire cars in Scotland for the carriage of passengers at separate fares. 14 1 As respects Scotland, a taxi (other than a taxi which is for the time being operating a local service which is or requires to be registered under this Part of this Act, has been previously advertised and has a destination and route which are not entirely at the discretion of the passengers) or private hire car which is used for the carriage of passengers for hire or reward at separate fares shall not by reason of such use become a public service vehicle for the purposes of the 1981 Act or any related enactment. 2 In this section “ taxi ” and “ private hire car ” have the meanings given in section 23 of the Civic Government (Scotland) Act 1982 and “ related enactment ” has the meaning given in section 13(3) of this Act. Extension of taxi licensing in England and Wales. 15 1 Where, immediately before the commencement of this section, the provisions of the Town Police Clauses Act 1847 with respect to hackney carriages and of the Town Police Clauses Act 1889 (as incorporated in each case in the Public Health Act 1875) were not in force throughout the whole of the area of a district council in England and Wales whose area lies outside the area to which the Metropolitan Public Carriage Act 1869 applies, those provisions (as so incorporated) shall— a if not then in force in any part of the council’s area, apply throughout that area; and b if in force in part only of its area, apply also in the remainder of that area. 2 Where part only of a district council’s area lies outside the area to which the Act of 1869 applies, that part shall, for the purposes of subsection (1) above, be treated as being the area of the council. 3 So much of any local Act as enables a district council to bring to an end the application of the provisions mentioned in subsection (1) above to the whole or any part of their area shall cease to have effect. Taxi licensing: control of numbers. 16 The provisions of the Town Police Clauses Act 1847 with respect to hackney carriages, as incorporated in any enactment (whenever passed), shall (subject to section 161 of the Equality Act 2010) have effect— a as if in section 37, the words “such number of” and “as they think fit” were omitted; and b as if they provided that the grant of a licence may be refused, for the purpose of limiting the number of hackney carriages in respect of which licences are granted, if, but only if, the person authorised to grant licences is satisfied that there is no significant demand for the services of hackney carriages (within the area to which the licence would apply) which is unmet. London taxi and taxi driver licensing: appeals. 17 1 In this section— “ licence ” means a licence under section 6 of the Metropolitan Public Carriage Act 1869 (taxi licences) or under section 8 of that Act (taxi driver licences); and “ licensing authority ” means the person empowered to grant a licence. 2 Where the licensing authority has refused to grant, or has suspended or revoked, a licence the applicant for, or (as the case may be) holder of, the licence may, before the expiry of the designated period — a require the authority to reconsider his decision; or b appeal to a magistrates' court. 3 Any call for a reconsideration under subsection (2) above must be made to the licensing authority in writing. 4 On any reconsideration under this section the person calling for the decision to be reconsidered shall be entitled to be heard either in person or by his representative. 5 If the person calling for a decision to be reconsidered under this section is dissatisfied with the decision of the licensing authority on reconsideration, he may, before the expiry of the designated period , appeal to a magistrates' court. 6 On any appeal to it under this section, the court may make such order as it thinks fit; and any order which it makes shall be binding on the licensing authority. 7 Where a person holds a licence which is in force when he applies for a new licence in substitution for it, the existing licence shall (subject to subsections (12) to (14)) continue in force until the application for the new licence, or any appeal under this section in relation to that application, is disposed of, but without prejudice to the exercise in the meantime of any power of the licensing authority to revoke the existing licence. 8 For the purposes of subsection (7) above, where the licensing authority refuses to grant the new licence the application shall not be treated as disposed of— a where no call for a reconsideration of the authority’s decision is made under subsection (2) above, until the expiry of the designated period ; b where such a reconsideration is called for, until the expiry of the designated period which begins by reference to the decision of the authority on reconsideration. 9 Where the licensing authority suspends or revokes a licence, or confirms a decision to do so, he may, if the holder of the licence so requests, direct that his decision shall not have effect until the expiry of the designated period . 10 In this section . . . . “ designated period ” means such period as may be specified for the purpose by London cab order; “ London cab order ” means an order made by Transport for London 11 Any power to make a London cab order under this section includes power to vary or revoke a previous such order. 12 Subsection (13) applies where— a the application mentioned in subsection (7) is an application for a licence under section 8 of the Metropolitan Public Carriage Act 1869 (taxi driver licences), b at any time after the application is made, the licensing authority requests the applicant to give it further information for the purpose of enabling it to make a request, or make a further request, under paragraph 3(2)(a) of Schedule 33 to the Finance Act 2021 (request for confirmation of completed tax check) in relation to the application, and c at the end of the relevant period, the licensing authority continues to be prevented from considering the application by virtue of paragraph 3(2) of that Schedule to that Act. 13 The existing licence mentioned in subsection (7) expires at the end of the relevant period. 14 In subsections (12) and (13) “ the relevant period ” means— a the period of 28 days beginning with the day on which the request under subsection (12)(b) is made, or b if the final day of that period is earlier than the day on which (disregarding subsections (7) and (13)) the existing licence mentioned in subsection (7) expires, the period ending with that later day. Modification of PSV requirements in relation to vehicles used for certain purposes Exemption from PSV operator and driver licensing requirements of vehicles used under permits. 18 1 Section 12(1) of the 1981 Act (licensing of operators . . . in relation to the use of public service vehicles for the carriage of passengers) shall not apply— a to the use by an exempt body of any vehicle under a permit granted under section 19 of this Act, if and so long as the requirements under subsection (2) of that section are met; or b to the use by an exempt body of any vehicle under a permit granted under section 22 of this Act; 2 Where a holder of a licence under Part III of the Road Traffic Act 1988 was first granted a licence under that Part before 1st January 1997, he may drive any small bus at a time when it is being used as mentioned in paragraph (a) or (b) of subsection (1) above, notwithstanding that his licence under that Part does not authorise him to drive a small bus when it is being so used. 3 Where— a a holder of a licence under Part III of the Road Traffic Act 1988 was first granted a licence under that Part on or after 1st January 1997, or b a Community licence holder is authorised by virtue of section 99A(1) of that Act to drive in Great Britain a motor vehicle of any class, he may drive any small bus to which subsection (4) below applies at a time when it is being used as mentioned in paragraph (a) or (b) of subsection (1) above, notwithstanding that he is not authorised by his licence under that Part or by virtue of that section (as the case may be) to drive such a bus. 4 This subsection applies to any small bus which, when laden with the heaviest load which it is constructed to carry, weighs— a not more than 3.5 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and b not more than 4.25 tonnes otherwise. 5 In this section— “Community licence” has the same meaning as in Part III of the Road Traffic Act 1988, ... “exempt body” means a body— to whom the 2009 Regulation does not apply because the body is not engaged (and does not intend to engage) in the occupation of road transport operator (as defined in the 2009 Regulation); to whom the 2009 Regulation does not apply by virtue of Article 1(4)(b) of the 2009 Regulation (non-commercial purposes or main occupation not road passenger transport operator); or who satisfies the requirements of Article 1(5)(b) of the 2009 Regulation (minor impact on the transport market because of the short distances involved); “small bus” has the same meaning as in sections 19 to 21 of this Act ; and “the 2009 Regulation” means Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC . 6 For the purposes of paragraph (c) of the definition of “exempt body”, the circumstances in which a body engaged exclusively in national transport operations (within the meaning of the 2009 Regulation) is to be taken to satisfy the requirements of Article 1(5)(b) of that Regulation include (but are not limited to) a case where, except on an occasional basis— a each service operated by the body using a public service vehicle under a permit is operated within a radius of ten miles from a place specified by that body upon applying for the grant (or variation) of that permit; or b in respect of each service operated by the body using a public service vehicle under a permit, the distance from the first place where any passenger using that service is taken up to the last place where any passenger using that service is set down, is not more than ten miles, measured in a straight line. Permits in relation to use of public service vehicles by educational and other bodies 19 1 In this section and sections 20 and 21 of this Act— “ bus ” means a vehicle which is adapted to carry more than eight passengers; “exempt body” has the same meaning as in section 18 of this Act; “ large bus ” means a vehicle which is adapted to carry more than sixteen passengers; “ small bus ” means a vehicle which is adapted to carry more than eight but not more than sixteen passengers; and “ permit ” means a permit granted to an exempt body under this section in relation to the use of a public service vehicle for carrying passengers for hire or reward. 2 The requirements that must be met in relation to the use of a public service vehicle under a permit for the exemption under section 18(1)(a) of this Act to apply are that the vehicle — a is being used by an exempt body to whom a permit has been granted under this section; b is not being used for the carriage of members of the general public nor with a view to profit nor incidentally to an activity which is itself carried on with a view to profit; c is being used in every respect in accordance with any conditions attached to the permit; and d is not being used in contravention of any provision of regulations made under section 21 of this Act. 3 A permit in relation to the use of a public service vehicle other than a large bus may be granted by an exempt body designated by an order under subsection (7) below either to itself or to any other exempt body to whom, in accordance with the order, it is entitled to grant a permit. 4 A permit in relation to the use of a public service vehicle other than a large bus may be granted by a traffic commissioner to any exempt body appearing to him to be eligible in accordance with subsection (8) below and to be carrying on ... an activity which makes it so eligible. 5 A permit in relation to the use of a large bus may be granted by a traffic commissioner to any exempt body which assists and co-ordinates the activities of bodies ... which appear to him to be concerned with— a education; b religion; c social welfare; or d other activities of benefit to the community. 6 A traffic commissioner shall not grant a permit in relation to the use of a large bus unless satisfied that there will be adequate facilities or arrangements for maintaining any bus used under the permit in a fit and serviceable condition. 7 The Secretary of State may by order designate for the purpose of this section exempt bodies appearing to him to be eligible in accordance with subsection (8) below and, with respect to any exempt body designated by it, any such order— a shall specify the classes of exempt body to whom the designated body may grant permits; b may impose restrictions with respect to the grant of permits by the designated body and, in particular, may provide that no permit may be granted, either generally or in such cases as may be specified in the order, unless there are attached to the permit such conditions as may be so specified; and c may require the designated body to make returns and keep records with regard to the permits granted , varied or revoked by it. 8 An exempt body is eligible in accordance with this subsection if it is concerned with— a education; b religion; c social welfare; d recreation; or e other activities of benefit to the community. 9 An exempt body may hold more than one permit but may not use more than one vehicle at any one time under the same permit. Further provision with respect to permits under section 19. 20 1 Subject to subsection (2) below, a permit shall specify the body to whom it is granted. 2 A permit may be granted to a named individual on behalf of a body if, having regard to the nature of that body, it appears to the traffic commissioner or body granting the permit appropriate to do so. 3 Where a permit is granted to a named individual on behalf of a body, it shall be treated for the purposes of this section and section 19 of this Act as granted to that body. 4 In addition to any conditions attached to such a permit by virtue of section 19(7)(b) of this Act, the traffic commissioner or other body granting such a permit may attach to it such conditions as he or that body considers appropriate, including, in particular, conditions— a limiting the passengers who may be carried in any vehicle used under the permit to persons falling within such classes as may be specified in the permit; and b with respect to such other matters as may be prescribed. 5 Subject to subsection (6) below— a a permit issued by a traffic commissioner may be varied or revoked by a traffic commissioner; b a permit issued by a body designated under section 19(7) may be varied or revoked— i by that body, or ii by a traffic commissioner after consultation with that body. 6 A permit may not be varied so as to substitute another body for the body to whom it was granted. 7 A permit shall remain in force until— a it is revoked under subsection (5) above; or b in the case of a permit granted by a body designated under section 19(7) of this Act, that body ceases to be so designated ; or c it ceases to have effect under subsection (8) or (9) below 8 A permit granted at any time to an exempt body ceases to have effect on the date on which the body ceases to be an exempt body. 9 A permit granted before 1st October 2019 ceases to have effect on that date if the body to whom it was granted is not an exempt body on that date. Permits under section 19: regulations. 21 1 Regulations may prescribe— a the conditions to be fulfilled by any person driving a public service vehicle while it is being used under a permit; b the conditions as to fitness which are to be fulfilled by any small bus used under a permit; c the form of permits; and d the documents, plates and marks to be carried by any vehicle while it is being used under a permit and the manner and position in which they are to be carried. 2 Where regulations are made by virtue of subsection (1)(b) above, section 6 of the 1981 Act (certificate of initial fitness for public service vehicles) shall not apply in relation to any small bus subject to the regulations. 3 Regulations under this section may contain such transitional provisions as the Secretary of State thinks fit. 4 See also section 23A of this Act (power to limit permits under section 19 or 22 to 5 years). Community bus permits. 22 1 In this section and section 23 of this Act— “ community bus service ” means a local service provided— a by an exempt body concerned for the social and welfare needs of one or more communities; b without a view to profit, either on the part of that body or of anyone else; and c by means of a vehicle adapted to carry more than eight ... passengers; ... “ community bus permit ” means a permit granted to an exempt body under this section in relation to the use of a public service vehicle— a in providing a community bus service; or b in providing a community bus service and (other than in the course of a local service) carrying passengers for hire or reward where the carriage of those passengers will directly assist the provision of the community bus service by providing financial support for it ; and “exempt body” has the same meaning as in section 18 of this Act . 2 A community bus permit may be granted by a traffic commissioner . 3 A traffic commissioner shall not grant a community bus permit unless he is satisfied that there will be adequate facilities or arrangements for maintaining in a fit and serviceable condition any vehicle used under the permit. 4 An exempt body may hold more than one community bus permit but may not use more than one vehicle at any one time under the same permit. Further provision with respect to community bus permits. 23 1 The requirements mentioned in subsection (2) below shall be conditions of every community bus permit and shall apply in relation to any use of a vehicle under such a permit. 2 Those requirements are that— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b the driver either holds a passenger-carrying vehicle driver’s licence or PCV Community licence (within the meaning of Part IV of the Road Traffic Act 1988) or a public service vehicle driver’s licence or PCV Community licence or fulfils any conditions prescribed in relation to a person driving a vehicle which is being used under a community bus permit; and c any vehicle used under the permit fulfils any prescribed conditions of fitness for such use. 3 A traffic commissioner may at any time attach to a community bus permit ... such conditions (or additional conditions) of a prescribed description as he thinks fit for restricting or regulating the use of any vehicle under the permit. 4 A traffic commissioner may at any time while a community bus permit is in force vary or remove any condition attached to it under subsection (3) above. 5 Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a condition attached to a community bus permit is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. 6 A traffic commissioner may at any time revoke a community bus permit on the ground— a that he is not satisfied with respect to the adequacy of facilities or arrangements for maintaining in a fit and serviceable condition any vehicle used under the permit; b that there has been a contravention of any condition attached to the permit; or c that a prohibition under section 9 of the 1981 Act (power to prohibit driving of unfit public service vehicles) has been imposed with respect to a vehicle used under the permit .... 6A A community bus permit shall remain in force until— a it is revoked under subsection (6) above, or b it ceases to have effect under subsection (6B) or (6C) below. 6B A community bus permit granted at any time to an exempt body ceases to have effect on the date on which the body ceases to be an exempt body. 6C A community bus permit granted before 1st October 2019 ceases to have effect on that date if the body to whom it was granted is not an exempt body on that date. 7 Where regulations are made by virtue of subsection (1)(c) above, section 6 of the 1981 Act (certificate of initial fitness for public service vehicles) shall not apply in relation to any vehicle subject to the regulations. 8 Regulations may prescribe— a the form of community bus permits; and b the documents, plates and marks to be carried by any vehicle while it is being used under a community bus permit and the manner and position in which they are to be carried. 9 See also section 23A of this Act (power to limit permits under section 19 or 22 to 5 years). Power to limit permits under section 19 or 22 to 5 years 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. Further amendments with respect to PSV operators’ licences Limit on number of vehicles to be used under a restricted licence. 24 1 In section 16 of the 1981 Act (conditions attached to PSV operators’ licences)— a the following subsection shall be inserted after subsection (1)— 1A In the case of a restricted licence, the number specified as the maximum in any condition imposed under subsection (1) above shall not, except in any prescribed case or class of case, exceed two. ; b in subsection (8) of that section (power of traffic commissioner to dispense temporarily with conditions attached under that subsection), after the words “under this section” there shall be inserted the words “(other than a condition so attached under subsection (1A) above)”; and c in subsection (9) of that section (limited effect of conditions attached under subsection (1)), after the words “subsection (1)” there shall be inserted the words “or (1A)”. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Objections to application for PSV operator’s licence. 25 After section 14 of the 1981 Act (grant of licences) there shall be inserted the following section— Objections to application for PSV operator’s licence. 14A 1 Where an application is made for the grant of a PSV operator’s licence under this Act, any chief officer of police or local authority may object to the grant of the licence on the ground that one or more of the requirements mentioned in section 14(1) and (3) of this Act are not satisfied in relation to the application. 2 An objection under this section shall be made within the prescribed time and in the prescribed manner and shall contain particulars of the ground on which it is made. 3 The onus of proof of the existence of the ground on which an objection is made shall lie on the objector. 4 In this section “ local authority ” means— a in England and Wales, the council of a county, district or London borough or the Common Council of the City of London or a Passenger Transport Executive; and b in Scotland, a regional or islands council. 5 This section does not apply in relation to any application for a special licence (within the meaning of section 12 of the Transport Act 1985). Conditions attached to PSV operator’s licence. 26 1 Where Subsection (1A) below applies in any case where it appears to a traffic commissioner, in relation to a person (“the operator”) who has been granted or to whom it is proposed to grant a PSV operator’s licence, that— a the operator has failed to operate a local service registered under section 6 of this Act; or b the operator has operated a local service in contravention of that section or section 113J(4) or (5), 118(4) , 123J(3) , 129(1)(b) or 138J(9) of the Transport Act 2000; or section 3F(1) or section 13B(1)(b) or (3) of the Transport (Scotland) Act 2001 ; or bza the operator has failed to comply with a requirement imposed by virtue of section 123X(7)(c), 134B(7)(c) or 138S(7)(c) of the Transport Act 2000; or ba the operator has failed to comply with section 134F, 138 or 140(3) of the Transport Act 2000 ; or ; or baa the operator has failed to take all reasonable steps to comply with a requirement imposed under section 143A or 143B of the Transport Act 2000; or bb the operator has failed to comply with section 32(1) or 34(3) of the Transport (Scotland) Act 2001; bba the operator has failed to comply with a requirement to provide information (including a requirement to provide it within a specified time or in a specified form) under section 3K(2) or 13R(2) of the Transport (Scotland) Act 2001, bbb the operator has failed to comply with a requirement under section 6ZA of this Act, bbc the operator has failed to comply with a requirement under article 28 of the Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 bc the operator has failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010; c the arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition are not adequate for the use of those vehicles in providing the local service or services in question; or d the operator, or any employee or agent of his, has— i intentionally interfered with the operation of a local service provided by another operator; ii operated a local service in a manner dangerous to the public; or iii been guilty of any other serious misconduct (whether or not constituting a criminal offence) in relation to the operation of a local service; or e a condition attached under section 8 of this Act to the operator’s licence has been contravened; 1A The traffic commissioner A traffic commissioner may (on granting the licence or at any other time) attach , or direct a traffic commissioner for another traffic area to attach, a condition falling within subsection (1B) below to any one or more of the following PSV operator's licences (wherever granted)— a the licence mentioned in subsection (1) above; b any other licence held by the operator; c where the operator is an undertaking, any licence held by a group undertaking in relation to that undertaking (see subsection (7) below). 1B The conditions are— a a condition prohibiting the holder of the licence from using vehicles under the licence to provide any local service of a description specified in the condition; b a condition prohibiting the holder of the licence from so using vehicles to provide local services of any description. 1C A condition under subsection (1A) may be attached— a indefinitely; or b for a period of time specified by the traffic commissioner (which may commence immediately or on a date so specified). 2 The commissioner may attach a condition to a PSV operator’s licence under subsection (1) subsection (1A) above, by reference to circumstances falling within paragraph (a) or (b) of that subsection subsection (1) above if, but only if, it appears to him that the operator did not have a reasonable excuse for his conduct or that it is appropriate to attach ... the condition in view of— a the danger to the public involved in the operator’s conduct; or b the frequency of conduct of the kind in question on the part of the operator. 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Where the effect of a condition attached to a PSV operator’s licence under subsection (1) subsection (1A) above is that the operator of a local service registered under section 6 of this Act is prohibited from using vehicles under the licence to provide that service, a traffic commissioner may cancel the registration . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Where Subsection (5A) below applies in any case where it appears to a traffic commissioner that— a vehicles used under the licence (or under any PSV operator’s licence previously held by the operator) have not been maintained in a fit and serviceable condition; or b the operator has been involved in arrangements with any other operator for the use of each other’s vehicles with a view to hindering enforcement of any requirements of the law relating to the operation of those vehicles; 5A The traffic commissioner A traffic commissioner may (on granting the licence or at any other time) attach , or direct a traffic commissioner for another traffic area to attach, to any one or more of the licences mentioned in subsection (5B) below a condition restricting the vehicles which the operator may use under the licence to vehicles specified in the condition. 5B The licences are the following PSV operator's licences (wherever granted)— a the licence mentioned in subsection (5) above; b any other licence held by the operator; c where the operator is an undertaking, any licence held by a group undertaking in relation to that undertaking (see subsection (7) below). 5C Where a direction is given under subsection (5A) above to a traffic commissioner for another area, that traffic commissioner must either— a attach the condition to the licence; or b if he considers that there is a good reason not to attach the condition to the licence, inform the traffic commissioner who gave the direction of that fact and of the reason. 6 A condition attached to a licence under subsection (5) subsection (5A) above shall— a apply only to vehicles which have their operating centre in the traffic area to which the licence relates ; and b be in addition to (and not be taken as prejudicing in any way) any conditions attached to the licence under section 16 of the 1981 Act as to the maximum number of vehicles which the operator may at any one time use under the licence. 7 In this section “ undertaking ” and “ group undertaking ” have the same meaning as in the Companies Acts (see section 1161 of the Companies Act 2006). Supplementary provisions with respect to conditions attached to PSV operator’s licence under section 26. 27 1 Before attaching any condition to a PSV operator’s licence under section 26 of this Act, a traffic commissioner shall hold an inquiry if a request for an inquiry has been received by a traffic commissioner (within the prescribed period) from the holder of, or (as the case may be) applicant for, the licence. 2 Subsection (1) above shall not apply where the traffic commissioner is satisfied that the condition should be attached without delay. 3 Where, in reliance on subsection (2) above, a traffic commissioner attaches any such condition to a PSV operator’s licence without first holding an inquiry, he or another traffic commissioner shall hold one as soon as is reasonably practicable if a request for a traffic commissioner to do so is made to a traffic commissioner, before the end of such period as may be prescribed, by the holder of the licence . 4 For the purposes of section 16(5) of the 1981 Act (traffic commissioner’s power to vary or remove conditions attached under section 16(3) of that Act to a PSV operator’s licence), a condition attached under section 26 of this Act shall be treated as attached under section 16(3) of that Act. 5 Nothing in section 26 shall be taken as prejudicing the generality of the power under that Act to prescribe descriptions of conditions for the purposes of section 16(3) of that Act. Additional powers where service not operated as registered 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. Provisions supplementing section 27A 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. Power to disqualify PSV operators. 28 1 Where a traffic commissioner revokes a PSV operator’s licence, he may order the former holder to be disqualified, indefinitely or for such period as he thinks fit, from holding or obtaining a PSV operator’s licence. 2 So long as a disqualification imposed under subsection (1) above is in force with respect to any person, a any PSV operator’s licence held by him at the date of the making of the order under subsection (1) above (other than the licence revoked) shall be suspended (that is, shall remain in force subject to the limitation that no vehicles are authorised to be used under it); and b notwithstanding section 14(3) of the 1981 Act, no PSV operator’s licence may be granted to him. 2A If a person obtains a PSV operator’s licence while he is disqualified under subsection (1) above, the licence shall be void. 3 An order under subsection (1) above may be limited so as to apply only to the holding or obtaining of a PSV operator’s licence in respect of one or more specified traffic areas and, if the order is so limited, subsection (2) above shall apply only to any PSV operator’s licence to which the order applies. 4 Where a traffic commissioner makes an order under subsection (1) above with respect to any person, he may direct that if that person, at any time during such period as he may specify— a is a director of, or holds a controlling interest in— i a company which holds a licence of the kind to which the order applies; or ii a company of which a company which holds such a licence is a subsidiary; or b operates any public service vehicles in partnership with a person who holds such a licence; the powers under section 17(2) of the 1981 Act (revocation, suspension, etc., of PSV operators’ licences) shall be exercisable in relation to that licence by a traffic commissioner . 5 The powers conferred by this section in relation to the person who was the holder of a licence shall be exercisable also— a where that person was a company, in relation to any officer of that company; and b where that person operated the vehicles used under the licence in partnership with other persons, in relation to any of those other persons and any reference in subsection (6A) below to subsection (1) above or to subsection (4) above includes that subsection as it applies by virtue of this subsection. 6 A traffic commissioner shall not make any such order or give any such direction without first holding an inquiry if any person affected by the proposed order or direction requests him to do so. 6A Where an order disqualifying a person has been made under subsection (1) above, a traffic commissioner may at any time— a cancel that order together with any direction that was given under subsection (4) above when the order was made; b cancel any such direction; or c with the consent of the person disqualified, vary the order or any such direction (or both the order and any such direction). 7 For the purposes of this section a person holds a controlling interest in a company if he is the beneficial owner of more than half its equity share capital. Duty to give Secretary of State information about certain matters. 29 In subsections (1) and (2) of section 20 of the 1981 Act (which require the holder of a PSV operator’s licence to inform the traffic commissioners of certain kinds of failure of, or damage or alteration to, a public service vehicle owned by him), for the words “traffic commissioners who granted the licence” there shall be substituted the words “Secretary of State”. Plying for hire by large public service vehicles. 30 1 A public service vehicle which is adapted to carry more than eight passengers shall not be used on a road in plying for hire as a whole. 2 Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. Appeals under the 1981 Act. 31 For sections 50 and 51 of the 1981 Act (appeals) there shall be substituted the following sections— Appeals to the Transport Tribunal. 50 1 An applicant for the grant of a PSV operator’s licence under this Act may appeal to the Transport Tribunal against any decision of the traffic commissioner— a to refuse to grant the licence in accordance with the application; or b to attach any condition to the licence otherwise than in accordance with the application. 2 Where a person who has applied for a new PSV operator’s licence in substitution for a licence held by him and in force at the date of his application appeals to the Transport Tribunal under subsection (1) above, the existing licence shall continue in force until the appeal is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 17 of this Act. 3 Where an application for a PSV operator’s licence is granted under this Act and a person who duly made an objection to the grant under section 14A of this Act is aggrieved by the grant of the licence he may appeal to the Transport Tribunal. 4 The holder of a PSV operator’s licence may appeal to the Transport Tribunal against any decision of the traffic commissioner— a to refuse his application for the variation or removal of any condition attached to the licence; b to vary any such condition, or to attach any new condition to the licence, otherwise than on his application; or c to revoke or suspend the licence or to curtail its period of validity. 5 Where— a the holder of a PSV operator’s licence in respect of which an order or direction has been made or given under section 28 of the Transport Act 1985 (power to disqualify PSV operators); or b any person in respect of whom any such order or direction has been made or given; is aggrieved by the order or direction he may appeal to the Transport Tribunal. 6 The traffic commissioner— a making any such decision with respect to a licence as is mentioned in subsection (4)(b) or (c) above; b making any such order or giving any such direction as is mentioned in subsection (5) above; may, if the holder of the licence or any such person as is mentioned in subsection (5)(b) above so requests, direct that his decision shall not have effect until the expiration of the period within which an appeal against it may be made to the Transport Tribunal and, if an appeal is made, until it is disposed of. 7 Where a traffic commissioner has given a direction under subsection (6) above he may withdraw it at any time. 8 If the traffic commissioner refuses to give a direction under subsection (6) above or withdraws such a direction, the person requesting it may apply for such a direction to the Transport Tribunal and the Transport Tribunal shall give their decision on the application within fourteen days. 9 This section does not apply in relation to conditions attached to a PSV operator’s licence under section 8 of the Transport Act 1985 (enforcement of traffic regulation conditions). Appeals to the Secretary of State. 51 1 A person applying for— a a certificate of initial fitness under section 6 of this Act; or b a certificate under section 10 of this Act that a vehicle conforms to a type vehicle; may appeal to the Secretary of State against the refusal of a certifying officer to issue such a certificate. 2 Where the refusal by a certifying officer or public service vehicle examiner to remove a prohibition under subsection (1) of section 9 of this Act (including a prohibition under that subsection as it applies by virtue of section 9A of this Act) has been referred to a certifying officer (“the referee”) under subsection (8) of that section by a traffic commissioner, any person aggrieved by the refusal of the referee to remove the prohibition may appeal to the Secretary of State. 3 An appeal under this section must be made within the prescribed time and in the prescribed manner; and provision may be made by regulations as to the procedure to be followed in connection with such appeals. 4 On the determination of an appeal under this section, the Secretary of State may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to the certifying officer for giving effect to his decision; and it shall be the duty of the certifying officer to comply with any such directions. Miscellaneous Repeal of sections 28, 47 and 48 of the 1981 Act. 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extension of safety controls to certain passenger vehicles other than public service vehicles. 33 The following section shall be inserted in the 1981 Act after section 9 (prohibition on driving unfit public service vehicle following inspection under section 8)— Extension of sections 8 and 9 to certain passenger vehicles other than public service vehicles. 9A 1 Section 8 of this Act shall apply, with the omission of subsection (1)(b), to any motor vehicle (other than a tramcar) which is adapted to carry more than eight passengers but is not a public service vehicle as it applies to a public service vehicle. 2 Section 9 of this Act shall apply to any such motor vehicle as it applies to a public service vehicle with the omission of subsection (4). Part II Regulation of Road Passenger Transport in London London local service licences London local services. 34 1 In this Act “ London local service ” means (subject to subsection (3) below) a local service with one or more stopping places in London. 2 In this Part of this Act— a “ bus service ” means a local service other than an excursion or tour; and b “ London bus service ” means a London local service other than an excursion or tour. 3 Where a local service is or is to be provided both inside and outside London, any part of the service which is or is to be provided outside London shall be treated as a separate service for the purposes of this Act if there is any stopping place for that part of the service outside London. London local service licences. 35 1 Subject to subsection (2) below and to section 36 of this Act, a London local service shall not be provided except under a London local service licence granted in accordance with the following provisions of this Part of this Act. 2 A London local service licence is not required for the provision by any person under an agreement with the Railways Board , or the Director of Passenger Rail Franchising, of any service secured by the Board or, as the case may be, the Director of Passenger Rail Franchising under section 4A of the 1962 Act (provision of road passenger transport services.) 3 The traffic commissioner for the Metropolitan Traffic Area (referred to below in this Part of this Act as the metropolitan traffic commissioner) shall be responsible for granting London local service licences. 4 Subject to subsection (5) below and to section 39(4) of this Act, a London local service licence shall be of no effect at any time at which the holder does not also hold— a a PSV operator’s licence granted by the metropolitan traffic commissioner or by the traffic commissioner for any other traffic area . . .; or b a permit under section 22 of this Act. 5 Subsection (4) above does not apply to a London local service licence held by a local education authority. 6 Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a London local service is provided in contravention of subsection (1) above, the operator of the service shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. London bus services under control of London Regional Transport. 36 1 A London local service licence is not required for the provision of a London bus service— a by London Regional Transport or any subsidiary of theirs; or b by any other person in pursuance of any agreement entered into by London Regional Transport by virtue of section 3(2) or (2A)(a) of the London Regional Transport Act 1984 (referred to below in this section as the 1984 Act). 2 Where— a London Regional Transport or any subsidiary of theirs propose to provide a new bus service which is to be operated wholly or in part as a London bus service or to vary a bus service currently provided by them which is being so operated; or b London Regional Transport propose to enter into an agreement by virtue of section 3(2) or (2A)(a) of the 1984 Act for the provision of such a new bus service by any other person or to agree to a variation in any bus service currently provided in pursuance of any such agreement which is being so operated; then, before deciding on, or on the provisions to be contained in any such agreement with respect to, or on any variation affecting, any relevant aspects of that service London Regional Transport shall, so far as the service is or is to be provided in London, consult with the commissioner or commissioners of police concerned, with the local authorities affected, with the Passengers’ Committee and with any other person they think fit. 3 In subsection (2) above the reference to relevant aspects of the service is a reference to the route of the service, a terminal point, a point at which passengers may or may not be taken up or set down, or a place at which, or street by the use of which, vehicles used for the service may turn at a terminal point. 4 Where— a London Regional Transport or any subsidiary of theirs propose to discontinue a bus service currently provided by them which is being operated wholly or in part as a London bus service; or b London Regional Transport propose not to renew any agreement entered into by them by virtue of section 3(2) or (2A)(a) of the 1984 Act for the provision by any other person of any bus service which is being so operated, or to agree to the discontinuance of any such bus service currently provided in pursuance of any such agreement; then, before any decision is taken to that effect, London Regional Transport shall, so far as the service is provided in London, consult with the local authorities affected, with the Passengers’ Committee and with any other person they think fit. 5 Where an agreement entered into by London Regional Transport by virtue of section 3(2) or (2A)(a) of the 1984 Act for the provision of a bus service relates to such a service part only of which is operated as a London bus service, any provision contained in that agreement with respect to the carriage of passengers other than those who are both taken up and set down in London shall be of no effect if or so far as it is inconsistent with any condition for the time being attached under section 8 of this Act to— a a PSV operator’s licence; or b a permit under section 22 of this Act; held by the operator of the service. 6 For the purposes of this section the local authorities affected by any proposal with respect to a bus service are any of the following councils, that is to say, the councils of the London boroughs and the Common Council, in whose area there is situated— a in the case of a proposal to which subsection (2) above applies, any part of the route in question or (as the case may be) the point, place or street in question; or b in the case of a proposal to which subsection (4) above applies, any part of the route of the service. 7 In this section— a references to a new bus service are references to a bus service which has not been provided continuously since before the date on which this section comes into force (disregarding, in the case of a bus service operated during certain periods of the year only, any period other than one during which the service is due to be operated); b “ the Passengers’ Committee ” means the London Regional Passengers’ Committee established under section 40 of the 1984 Act; c “ subsidiary ” has the same meaning as in that Act; and section 6(5) of and paragraph 11(4) of Schedule 5 to that Act shall apply to references in this section to an agreement entered into by London Regional Transport by virtue of section 3(2) or (2A)(a) of that Act as they apply to such references in that Act. Grant of licences. 37 1 An application for a London local service licence shall be made in such a form as the metropolitan traffic commissioner may require, and an applicant shall give the commissioner such information as he may reasonably require for disposing of the application. 2 Where an application is made for the grant of a London local service licence, the commissioner— a shall grant the licence unless he is satisfied that to do so would be against the interests of the public; and b if he grants the licence, shall do so in accordance with the application except to the extent that he is satisfied that to do so would be against the interests of the public. 3 In considering under subsection (2) above whether the grant of a licence would be against the interests of the public, or the extent to which the grant of a licence in accordance with the application would be against those interests, the commissioner shall in particular have regard to— a the transport needs for the time being of London as a whole and of particular communities within London; b any transport policies or plans which have been made and drawn to his attention by the council of a London borough or by the Common Council; and c any objections or other representations made to the commissioner in the prescribed manner which in his opinion are relevant. 4 The metropolitan traffic commissioner, on granting a London local service licence, shall send notice of the grant, including particulars of the services to be provided under the licence, to the commissioner or commissioners of police concerned and to each of the local authorities affected. Conditions attached to licences. 38 1 Subject to subsection (3) below, and to any regulations, the metropolitan traffic commissioner may, on granting a London local service licence, attach to the licence such conditions as he thinks fit having regard to the interests of the public, and in particular to the matters mentioned in section 37(3)(a) to (c) of this Act. 2 The conditions that may be attached to a London local service licence by virtue of subsection (1) above include, in particular, such conditions as the commissioner thinks fit for securing— a that suitable routes are used in providing any service which may be provided under the licence; and b that passengers are not taken up or are not set down except at specified points, or are not taken up or are not set down between specified points; and generally for securing the safety and convenience of the public, including persons who are elderly or disabled. 3 No condition as to fares shall be attached under this section to a London local service licence. 4 The metropolitan traffic commissioner may at any time while a London local service licence is in force vary the licence by— a altering, in such manner as he thinks fit having regard to the interests of the public, any condition attached to the licence; or b removing any condition attached to the licence, if he thinks fit having regard to those interests; or c attaching to the licence any such condition or additional condition as he thinks fit having regard to those interests. 5 Where the holder of such a licence makes an application to the commissioner requesting him to exercise his powers under subsection (4) above, the commissioner shall exercise those powers in accordance with the application except to the extent that he is satisfied that to do so would be against the interests of the public. 6 Compliance with any condition attached to a London local service licence under this section may be temporarily dispensed with by the commissioner if he is satisfied— a that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered; and b that such a dispensation would not be against the interests of the public. 7 Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a condition attached under this section to a London local service licence is contravened, the holder of the licence shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. Grant of licences for certain excursions or tours. 39 1 This section applies where, in the case of any application for a London local service licence, the metropolitan traffic commissioner is satisfied that the service which the applicant proposes to provide under the licence (“the proposed service”) would be an excursion or tour and is also satisfied either— a that the proposed service would not compete directly with any authorised London bus service; or b that the proposed service would operate only to enable passengers to attend special events. 2 In subsection (1)(a) above, “ authorised London bus service ” means— a any London bus service for which a London local service licence has been granted; and b any London bus service which, by virtue of section 36(1) of this Act, does not require a London local service licence. 3 In any case to which this section applies, sections 35, 37 and 38 of this Act shall apply subject to the modifications provided by the following provisions of this section. 4 Section 35(4) of this Act shall not prevent a London local service licence granted in pursuance of this section from having effect for the purposes of the provision of a service by means of a vehicle whose operator holds any such licence or permit as is there mentioned . . .. 5 The interests of the public falling to be considered under any provision of section 37 or 38 shall be confined to the interests of the public in securing that only places which are suitable for use as such are used as stopping places for the service in question in London. The reference above in this subsection to the service in question is a reference to the proposed service or the service provided under any London local service licence granted on an application to which this section applies (as the case may require). 6 For the purposes of this section a place is to be regarded as not being suitable for use as a stopping place for any service if the commissioner is satisfied that its use as such would be prejudicial to the safety or convenience of the public. 7 Section 37 shall apply with the omission of paragraphs (a) and (b) of subsection (3); and paragraph (c) of that subsection shall apply only in relation to objections or representations made by the commissioner or commissioners of police concerned or by any of the local authorities affected. 8 Section 38 shall apply with the omission of subsections (1) and (2), but the metropolitan traffic commissioner in granting a licence on any application to which this section applies may attach to the licence such conditions of a description within section 38(2)(b) as he thinks fit, having regard to any objections or other representations that fall to be considered in relation to that application by virtue of section 37(3)(c), for securing that only places which are suitable for use as such are used as stopping places for the proposed service in London. 9 Any condition attached to a licence under subsection (8) above shall be treated for the purposes of section 38(6) and (7) as if it had been attached under that section. 10 Every London local service licence granted in pursuance of this section shall include a statement that it is so granted. Revocation and suspension of licences. 40 1 Subject to subsection (2) below, a London local service licence may be revoked or suspended by the metropolitan traffic commissioner on the ground that there has been a contravention of any condition attached to it. 2 The commissioner shall not revoke or suspend a London local service licence unless, owing to the frequency of the breach of conditions, or to the breach having been committed intentionally, or to the danger to the public involved in the breach, the commissioner is satisfied that the licence should be revoked or suspended. 3 On revoking or suspending a London local service licence the metropolitan traffic commissioner shall send notice of the revocation or suspension to every commissioner of police or local authority notified of the grant of the licence in accordance with section 37(4) of this Act. 4 A London local service licence suspended under this section shall during the time of suspension be of no effect. Duration of licences. 41 1 Subject to subsection (2) below, a London local service licence shall, unless previously revoked, continue in force until the end of the period of five years beginning with the date on which it takes effect, unless at the time of the granting of the licence the metropolitan traffic commissioner for special reasons determines that it shall continue in force only for a shorter period, in which case it shall, unless previously revoked, continue in force only until the end of that shorter period. 2 If, on the date on which a London local service licence is due to expire, proceedings are pending before the metropolitan traffic commissioner on an application for the grant of a new licence in substitution for it, the existing licence shall continue in force until the application is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 40 of this Act. 3 Nothing in this section shall prevent— a the grant of a London local service licence limited to one or more particular periods or occasions; or b the attachment to a London local service licence of a condition that the service shall be so limited. Supplementary provisions Appeals to the Secretary of State. 42 1 A person who has applied for the grant of a London local service licence may appeal to the Secretary of State against any decision of the metropolitan traffic commissioner— a to refuse to grant the licence in accordance with the application; or b to attach any condition to the licence otherwise than in accordance with the application. 2 Where a person who has applied for a new London local service licence in substitution for a licence held by him and in force at the date of his application appeals to the Secretary of State under subsection (1) above against any such decision as is mentioned in paragraph (a) or (b) of that subsection, the existing licence shall continue in force until the appeal is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 40 of this Act. 3 The holder of a London local service licence may appeal to the Secretary of State against any decision of the metropolitan traffic commissioner— a to refuse an application by the holder for the variation or removal of any condition attached to the licence; b to vary any such condition, or to attach any new condition to the licence, otherwise than on an application by the holder; or c to revoke or suspend the licence. 4 Where the commissioner makes any such decision with respect to a licence as is mentioned in subsection (3)(b) or (c) above he may, if the holder of the licence so requests, direct that his decision shall not have effect until the expiration of the period within which an appeal against it may be made to the Secretary of State under that subsection and, if such an appeal is made, until the appeal is disposed of. 5 If the commissioner refuses to give a direction under subsection (4) above, the holder of the licence may apply to the Secretary of State for such a direction, and the Secretary of State shall give his decision on the application within fourteen days. 6 A person who has applied for the grant of a London local service licence, or for the variation or removal of any conditions attached to such a licence, shall, if the metropolitan traffic commissioner fails to come to a decision on the application within a reasonable time, have the same right to appeal to the Secretary of State as if the commissioner had decided to refuse the application. 7 A person other than the applicant for, or holder of, a London local service licence may, if he has standing in the matter in accordance with the following provisions of this section, appeal to the Secretary of State against any decision of the metropolitan traffic commissioner with respect to— a the grant, revocation or suspension of a London local service licence; or b the attachment of any condition to a London local service licence or the variation or removal of any condition attached to such a licence. 8 Subject to subsection (9) below, the persons having standing to appeal under subsection (7) above against a decision of the metropolitan traffic commissioner with respect to a London local service licence are— a any local authority affected; and b any person providing transport facilities along or near the route, or part of the route, of the service which is being or is to be provided under the licence; being a local authority or person who has made objections or other representations to the commissioner in the course of the proceedings resulting in that decision. 9 Subsection (8)(b) above shall not apply in the case of any decision of the metropolitan traffic commissioner on an application to which section 39 of this Act applies or with respect to a London local service licence granted in pursuance of that section. 10 An appeal under this section must be made within the prescribed time and in the prescribed manner; and provision may be made by regulations as to the procedure to be followed in connection with appeals under this section. 11 On any appeal under this section the Secretary of State may, if he thinks fit, remit the matter to the metropolitan traffic commissioner for rehearing and determination by him; and, if he does so, he may give to the commissioner such directions as he thinks fit with respect to the consideration to be given to any circumstances of the case. 12 On the determination of an appeal under this section the Secretary of State may confirm, vary or reverse the decision appealed against, and may give such directions as he thinks fit to the metropolitan traffic commissioner for giving effect to his decision. Further appeals on points of law. 43 1 An appeal lies to the High Court at the instance of any of the persons mentioned in subsection (2) below on any point of law arising from a decision of the Secretary of State on an appeal from a decision of the metropolitan traffic commissioner. 2 The persons who may appeal against any such decision of the Secretary of State are— a the person who appealed to the Secretary of State; b any person who had a right to appeal to the Secretary of State against the relevant decision of the commissioner but did not exercise that right; c any person who would have had a right of appeal to the Secretary of State against the relevant decision of the commissioner if aggrieved by that decision and who is aggrieved by the decision of the Secretary of State on the appeal; and d the metropolitan traffic commissioner. 3 If on an appeal under this section the High Court is of opinion that the decision appealed against was erroneous in point of law, it shall remit the matter to the Secretary of State with the opinion of the court for rehearing and determination by him. 4 No appeal to the Court of Appeal may be brought from a decision of the High Court under this section except with the leave of the High Court or the Court of Appeal. Application of provisions of the 1981 Act. 44 1 The provision of the 1981 Act mentioned in subsection (2) below shall apply in relation to the grant of London local service licences, or to London local service licences granted, under this Part of this Act, as they apply in relation to the grant of PSV operators’ licences, or to PSV operators’ licences granted, under that Act. 2 Those provisions are— section 57 (death, bankruptcy, etc., of licence holder); section 58(2) (grant of licences to unincorporated body or to persons jointly); and section 59 (regulations with respect to procedure on applications for licences). 3 Section 84 of that Act (which relates to the effect of that Act in relation to general public interests) shall have effect as if the provisions of this Part of this Act were contained in that Act. Interpretation of Part II. 45 1 In this Part of this Act— “ commissioner of police ” means— a in relation to the metropolitan police district, the Commissioner of Police of the Metropolis; and b in relation to the City of London, the Commissioner of Police for the City of London; “ the Common Council ” means the Common Council of the City of London; “ bus service ” and “ London bus service ” have the meanings given by section 34(2) of this Act; and “ metropolitan traffic commissioner ” shall be read in accordance with section 35(3) of this Act. 2 Subject to subsection (3) below, for the purposes of— a section 37(4) of this Act; and b section 42(8)(a) of this Act; the local authorities affected are any of the following councils, that is to say, the councils of the London boroughs and the Common Council, in whose area the service, or any part of the service, is being or (as the case may be) is to be provided under the licence in question. 3 For the purposes of— a section 39(7) of this Act; and b section 42(8)(a) of this Act as it applies in a case within subsection (9) of that section; the local authorities affected are any of the councils mentioned in subsection (2) above in whose area there is situated any stopping place for the proposed service or (as the case may be) for the service which is being provided under the licence in question. Repeal of Part II Power of Secretary of State to repeal Part II. 46 1 The Secretary of State may by order repeal this Part of this Act. 2 Any order made under this section may contain such supplementary, incidental, consequential and transitional provisions as may appear to the Secretary of State to be necessary or expedient (including provision making such amendments or repeals in any provision of this or any other Act as may appear to the Secretary of State to be required in consequence of the repeal of this Part of this Act). 3 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. Part III The National Bus Company The Bus Company’s disposal programme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Powers of disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Miscellaneous and supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Dissolution of the Bus Company. 54 1 When it appears to the Secretary of State that the Bus Company have completed their disposal programme, the Secretary of State may by order provide for the dissolution of the Company. 2 Any such order may provide for the disposal of any remaining property, rights or liabilities of the Company, and may contain such supplementary, incidental and consequential provisions as may appear to the Secretary of State to be necessary or expedient. 3 Without prejudice to the generality of subsection (2) above, any such order may in particular make provision— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d making such amendments or repeals in any provision of the 1962 Act or the 1968 Act or of this or any other Act as appear to the Secretary of State to be required in consequence of the dissolution of the Company. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reduction of assets of National Loans Fund. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of Part III. 56 In this Part of this Act— a references to the Bus Company shall be read in accordance with section 47(1) of this Act; and b “ the Company’s disposal programme ” has the meaning given by subsection (4) of that section. Part IV Local Passenger Transport Services Integrated Transport Areas and Passenger Transport Areas Areas, Authorities and Executives. 57 1 In section 9 of the 1968 Act (designation of passenger transport areas and establishment of Passenger Transport Authorities and Executives)— a for subsections (1) to (4) there shall be substituted the following subsections— 1 For the purposes of this Part of this Act— a each of the following areas, that is to say— i in England and Wales, the metropolitan counties; and ii in Scotland, that part of the Strathclyde region which was a designated area for the purposes of this Part of this Act immediately before the date on which section 57 of the Transport Act 1985 came into operation; shall be a passenger transport area; a the Passenger Transport Authority for a passenger transport area (referred to below in this Part of this Act, in relation to that area, as “ the Authority ”) shall be— i in relation to a passenger transport area in England and Wales, the metropolitan county council; and ii in relation to the Strathclyde passenger transport area, the Strathclyde regional council; and c the Passenger Transport Executive for a passenger transport area (referred to below in this Part of this Act, in relation to that area, as “ the Executive ”) shall be the body which immediately before the date mentioned in paragraph (a) above was the Passenger Transport Executive for the designated area for the purposes of this Part of this Act corresponding to that passenger transport area. 2 The Executive for a passenger transport area consists of— a a Director General appointed in accordance with Part II of Schedule 5 to this Act by the Authority; and b not less than two nor more than eight other members so appointed by the Authority after consultation with the Director General. 3 Subject to subsection (2) of this section and Part II of Schedule 5 to this Act, the Secretary of State may by order make with respect to the Executive for any passenger transport area— a such provision with respect to any of the matters referred to in Part III of that Schedule; and b such supplementary, incidental and consequential provision; as appears to the Secretary of State to be necessary or expedient. 4 Before making any order under subsection (3) of this section, the Secretary of State shall consult with the Passenger Transport Authority for the area and, where the area is in England and Wales, with the councils of the districts comprised in the area. ; b in subsection (5), as it applies to England and Wales, for the words “constituent areas” there shall be substituted the words “the districts comprised in a passenger transport area”; c in subsection (5), as it applies to Scotland, for the word “designated” there shall be substituted the words “passenger transport”; and d subsection (7) shall be omitted. 2 After section 9 there shall be inserted the following sections— General functions of Passenger Transport Authorities and Executives. 9A 1 It shall be the duty of the Authority for any passenger transport area to formulate from time to time general policies with respect to the descriptions of public passenger transport services they consider it appropriate for the Executive for their area to secure for the purpose of meeting any public transport requirements within their area which in the view of the Authority would not be met apart from any action taken by the Executive for that purpose. 2 The Authority shall seek and have regard to the advice of the Executive for their area in formulating their policies under subsection (1) of this section. 3 It shall be the duty of the Executive for any passenger transport area to secure the provision of such public passenger transport services as they consider it appropriate to secure for meeting any public transport requirements within their area in accordance with policies formulated by the Authority for their area under subsection (1) 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 without subsidy; and b is subject to sections 89 to 92 of the Transport Act 1985 (tendering for local services, etc.). 5 Where it appears to the Authority for any 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 passenger transport area, in formulating any such policies; and b of the Executive for any passenger transport area, in carrying out any such policies; so to conduct themselves as not to inhibit competition between persons providing or seeking to provide public passenger transport services in their area. 7 It shall be the duty both of the Authority and of the Executive for any 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 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 interconnected 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. Consultation and publicity with respect to policies as to services. 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 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. 3 Section 20 of the 1968 Act (which imposes a special duty on the Executive for any passenger transport area to which that section is applied by an order made by the Secretary of State under subsection (1) of that section to secure by agreement with the Railways Board the provision of such railway passenger services as the Authority decide to be necessary to ensure a proper contribution towards the provision of a properly integrated and efficient system of public passenger transport to meet the needs of their area) shall apply in relation to the Executive for every passenger transport area; and subsection (1) of that section shall accordingly cease to have effect. 4 Without prejudice to section 17(2)(b) of the Interpretation Act 1978 (preservation of subordinate legislation) any order under section 9(1) of the 1968 Act or under section 202(4) of the 1972 Act (orders establishing Passenger Transport Executives) which applies in relation to a Passenger Transport Executive immediately before this section comes into force shall have effect, so far as it makes with respect to that Executive any such provision as is mentioned in section 9(3) (as substituted by subsection (1) above), as if made under that provision (as so substituted). 5 Section 9A(8) of the 1968 Act shall not apply in relation to any person appointed before this section comes into force as a member, officer or servant of the Passenger Transport Executive for any passenger transport area. 6 Schedule 3 to this Act shall have effect for the purpose of making amendments consequential on the provisions of this section in the 1968 Act and in the other enactments there mentioned. Local government reorganisation: transport functions. 58 1 The following provisions of this section, with the exception of subsection (5), shall have effect from the abolition date within the meaning of the Local Government Act 1985 (that is to say, 1st April 1986). 2 In section 9 of the 1968 Act (as amended by section 57(1) of this Act)— a in subsection (1)— i at the beginning there shall be inserted the words “Subject to any order under section 42(1)(c) of the Local Government Act 1985 (alteration or abolition of passenger transport areas, etc. )”; and ii in paragraph (b)(i), for the word “council” there shall be substituted the words “passenger transport authority for the county which is coterminous with or includes that passenger transport area”; b in subsection (4), after the word “the” (where it last occurs) there shall be inserted the words “county which is coterminous with or includes that”; and c in subsection (5), as it applies in England and Wales, after the words “comprised in” there shall be inserted the words “a county which is coterminous with or includes”. 3 In section 9B(1) of that Act, after the words “comprised in” there shall be inserted the words “the county which is coterminous with or includes”. 4 In the Local Government Act 1985— a paragraphs 1, 2 and 4 of Schedule 12 shall be omitted; b in section 39(2) (operative dates for Schedule 12), for the words “paragraphs 1 to 4” there shall be substituted the words “paragraph 3”; and c in section 42(1)(c) (reorganisation of functions with respect to passenger transport), after the words “section 39 above” there shall be inserted the words “or section 58 of the Transport Act 1985”. 5 Provisions of that Act referring generally to that Act, or to any provision made by or under that Act, shall have effect as if subsections (1) to (3) above were contained in that Act. Transfer of bus undertakings of Executives to companies owned by Authorities. 59 1 Before such date as the Secretary of State may specify in the case of any Passenger Transport Executive in a direction given to that Executive, the Executive shall form a company for the purpose of carrying on— a activities of any description carried on by the Executive in or for the purposes of the provision of any service for the carriage of passengers by road currently provided by the Executive in exercise of any of their powers under section 10(1) of the 1968 Act; and b any activities which appear to the Executive to be incidental to or connected with any activities within paragraph (a) above or to be capable of being conveniently carried on in association with any such activities. 2 The company shall be a company limited by shares registered under the Companies Act 1985. 3 Where the Executive for any passenger transport area have formed a company in pursuance of this section, the Executive shall, before such date as the Secretary of State may specify in a direction given to the Executive, submit to the Secretary of State a scheme providing for the transfer to the company of any property, rights or liabilities of the Executive, or of any wholly-owned subsidiary of theirs, which it appears to the Executive to be appropriate to transfer to that company. 4 In preparing a scheme in pursuance of subsection (3) above, the Executive in question shall take into account any advice given by the Secretary of State as to the provisions he regards as appropriate for inclusion in the scheme (and in particular, but without prejudice to the generality of that, as to the description of property, rights and liabilities it is in his view appropriate to transfer to the company). 5 A scheme under subsection (3) above shall not come into force until it has been approved by the Secretary of State or until such date as the Secretary of State may, in giving his approval, specify; and the Secretary of State may approve a scheme either without modifications or with such modifications as, after consultation with the Executive and with the Passenger Transport Authority for the area in question, he thinks fit. 6 If the Secretary of State is not satisfied that a scheme submitted under subsection (3) above accords with any such advice given by him as is mentioned in subsection (4) above, or would do so with appropriate modifications, he may, after consultation with the Executive and with the Passenger Transport Authority for the area in question, instead of approving the scheme substitute for it a scheme of his own, to come into force on such date as may be specified in the scheme. 7 On the coming into force of a scheme under this section the property, rights and liabilities affected by the scheme shall, subject to section 129 of this Act, be transferred and vest in accordance with the scheme. 8 Following the transfer to the company under subsection (7) above of the property, rights and liabilities affected by the scheme, the Executive shall, before such date as the Secretary of State may specify in a direction given to the Executive, transfer all shares in or other securities of the company to the Passenger Transport Authority for their area. 9 Where— a the property, rights and liabilities transferred under subsection (7) above include the whole of the undertaking of any wholly-owned subsidiary of the Executive; and b it appears to the Executive that no further action is required on the part of that subsidiary to perfect any transfer under that subsection; the Executive shall secure that that subsidiary is wound up. 10 Without prejudice to any other restriction on their powers, a Passenger Transport Executive may not dispose of any shares in or other securities of a company formed by that Executive in pursuance of this section otherwise than in accordance with subsection (8) above. Exclusion of public sector co-operation requirements and bus operating powers. 60 1 This section applies where in the case of any passenger transport area a company (referred to below in this Part of this Act, in relation to that area, as “ the initial company ”) has been formed by the Passenger Transport Executive for that area (“the Executive”) in pursuance of section 59 of this Act. 2 At any time after the Secretary of State has given to the Executive a direction under subsection (3) of that section the Secretary of State may by order provide that the Executive shall cease, on a day specified in the order, to be under the duty imposed by section 24(2) of the 1968 Act (duty to co-operate with the National Bus Company and the Scottish Transport Group and to enter into agreements for that purpose). 3 Where an order is made under subsection (2) above, any duty of the National Bus Company and the Scottish Transport Group under section 24(2) of the 1968 Act to co-operate with the Executive (or with each other) shall cease on the day specified in the order to apply in relation to the Executive’s area. 4 Any order under subsection (2) above may include provision for the termination of any agreements made under section 24(2) to which the Executive are a party, on such terms and such dates as may be specified in relation to those agreements in the order (and different terms and dates may be so specified in relation to different agreements). 5 At any time after the transfer required under section 59(8) of shares in or other securities of the initial company to the Passenger Transport Authority for the Executive’s area has taken place the Secretary of State may by order provide that the Executive shall cease, on a day specified in the order, to have the powers under section 10(1)(i) and (viii) of the 1968 Act (powers to carry passengers by road and to let passenger vehicles on hire with or without trailers for the carriage of goods). 6 Where an order is made under subsection (5) above in relation to the Executive, section 16(2) of the 1968 Act (which relates to the provision of special information in the annual report of Authorities and Executives as to certain businesses of providing services for the carriage of passengers by road) shall cease to apply in relation to any accounting period of the Executive beginning on or after the day specified in the order. 7 The Secretary of State may by order provide for the repeal of— a section 24(2) of the 1968 Act; and b section 10(1)(i) and (viii) of that Act; on the date on which, by virtue of the cumulative effect of orders made under this section, there ceases to be any Passenger Transport Executive in Great Britain who are under the duty imposed by section 24(2) or have the powers under section 10(1)(i) and (viii). 8 Any order made under subsection (7) above may contain such supplementary, incidental and consequential provisions (including provisions modifying any enactment contained in this or any other Act) as may appear to the Secretary of State to be necessary or expedient in consequence of any repeals made by the order. Division of undertakings of companies formed under section 59. 61 1 Where in the case of any passenger transport area the transfer required under section 59(8) of this Act of shares in or other securities of the initial company to the Passenger Transport Authority for that area has taken place, the Secretary of State may by a direction given to that Authority require the Authority to submit to him in accordance with the following provisions of this section written proposals for the division of the undertaking of the initial company among two or more companies to be formed in pursuance of the proposals. 2 Where the initial company has any wholly-owned subsidiaries, the proposals may, instead of or (as the case may be) in addition to providing for the transfer to any one or more of those companies of the shares in or other securities of any such subsidiary comprised in the initial company’s undertaking, provide for— a the division among those companies; or b the transfer to any one of them; of the whole or any part of the undertaking, or of any property, rights or liabilities, of that subsidiary. 3 The proposals shall be submitted to the Secretary of State before the end of such period as may be specified in the direction. 4 The proposals shall— a provide for each company to be formed in pursuance of the proposals (referred to below in this section as a transferee company) to be a company limited by shares and registered under the Companies Act 1985; b broadly describe the manner in which the undertaking of the initial company, and the whole or any part of the undertaking of any wholly-owned subsidiary of the initial company to which the proposals relate, is to be divided among the transferee companies or (as the case may be) transferred in accordance with the proposals to any one of those companies; and c provide for the winding up of the initial company, and of any wholly-owned subsidiary of the initial company the whole of whose undertaking is to be transferred in accordance with the proposals to any one or more of the transferee companies, on completion of the transfer of that company’s or (as the case may be) of that subsidiary’s undertaking. 5 In preparing their proposals the Authority shall take into account any advice given by the Secretary of State as to the provisions he regards as appropriate for inclusion in the proposals (and in particular, but without prejudice to the generality of that, as to the description of property, rights and liabilities of the initial company and of any wholly-owned subsidiary of the initial company it is in his view appropriate to transfer to each of the transferee companies). 6 The Secretary of State may approve the proposals either without modifications or with such modifications as, after consultation with the Authority, he thinks fit. 7 If the Secretary of State is not satisfied that the proposals accord with any such advice given by him as is mentioned in subsection (5) above, or would do so with appropriate modifications, he may, after consultation with the Authority, instead of approving the proposals substitute for them a plan of his own. 8 When the Secretary of State has approved the proposals or substituted for them a plan of his own, the Authority shall form each transferee company in accordance with the proposals as approved by the Secretary of State or (as the case may be) in accordance with the Secretary of State’s plan, and secure the registration of that company under the Companies Act 1985, before such date as the Secretary of State may specify in relation to that company in giving his approval to the proposals or (as the case may be) in that plan. 9 When all the transferee companies have been formed in accordance with the proposals as so approved or (as the case may be) in accordance with the Secretary of State’s plan, the Authority shall, before such date as the Secretary of State may specify in a direction given to the Authority, submit to the Secretary of State a scheme providing for the transfer to each transferee company of any property, rights and liabilities— a of the initial company; and b of any wholly-owned subsidiary of the initial company; which are to be transferred in accordance with those proposals or (as the case may be) in accordance with that plan to that transferee company. 10 A scheme under subsection (9) above shall not come into force until it has been approved by the Secretary of State or until such date as the Secretary of State may, in giving his approval, specify; and the Secretary of State may approve a scheme either without modifications or with such modifications as, after consultation with the Authority, he thinks fit. 11 On the coming into force of a scheme under subsection (9) above the property, rights and liabilities affected by the scheme shall, subject to section 129 of this Act, be transferred and vest in accordance with the scheme. 12 When it appears to the Authority that no further action is required on the part of the initial company to perfect any transfer effected by the scheme, the Authority shall secure that the initial company is wound up in accordance with the proposals as approved by the Secretary of State or (as the case may be) in accordance with the Secretary of State’s plan. 13 Subsection (12) above shall apply in relation to any subsidiary of the initial company the whole of whose undertaking is transferred under the scheme to one or more of the transferee companies as it applies in relation to the initial company. Protection of employee benefits on transfer and division of bus undertakings. 62 1 In this section, as it applies in relation to the Passenger Transport Executive or (as the case may be) in relation to the Passenger Transport Authority for any passenger transport area— “ the first transfer ” means the transfer under section 59(7) of this Act to the initial company of property, rights and liabilities of the Executive for that area; and “ the second transfer ” means the transfer under section 61(11) of this Act to companies formed under that section of property, rights and liabilities of the initial company; and “ the first transfer date ” and “ the second transfer date ” mean respectively the date on which the first transfer and the date on which the second transfer takes effect. 2 The Passenger Transport Executive for any passenger transport area shall have power to make, in such manner as they think fit, such provision as appears to them to be appropriate in connection with either the first or the second transfer for the maintenance to any extent of any concession, benefit or privilege of a description enjoyed immediately before the first transfer date by— a persons who then were or had been employed in such part of the Executive’s undertaking, or of the undertaking of any wholly-owned subsidiary of the Executive, as was transferred on that date to the initial company; or b members of the families of any such persons. 3 Subject to subsection (4) below, the Passenger Transport Authority for any passenger transport area shall have power to make, in such manner as they think fit, such provision as appears to them to be appropriate in connection with the second transfer for the maintenance to any extent of any concession, benefit or privilege of a description enjoyed immediately before the second transfer date by— a persons who then were or had been employed in any undertaking or part of an undertaking transferred on that date to a company formed under section 61 of this Act; or b members of the families of any such persons. 4 Subsection (3) above shall not apply to any concession, benefit or privilege of a description to which subsection (2) above applies. 5 Where provision for the maintenance of a concession, benefit or privilege of any description may be made under subsection (2) or (3) above provision may instead be made, in any cases or classes of case to which that subsection applies, for the making of any payment or the provision of any other concession, benefit or privilege in compensation for the loss or (as the case may be) for any reduction or limitation of concessions, benefits or privileges of that description. Passenger transport in other areas Functions of local councils with respect to passenger transport in areas other than integrated transport areas and passenger transport areas. 63 1 In each non-metropolitan county of England and Wales it shall be the duty of the county council— a to secure the provision of such public passenger transport services as the council consider it appropriate to secure to meet any public transport requirements within the county which would not in their view be met apart from any action taken by them for that purpose; . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 It shall be the duty of a . . . council in Scotland, in relation to any part of their area which is not a passenger transport area— a to secure the provision of such public passenger transport services as the council consider it appropriate to secure to meet any public transport requirements within their area which would not in their view be met apart from any action taken by them for that purpose; and b to formulate from time to time general policies as to the descriptions of services they propose to secure under paragraph (a) above. 3 In formulating policies under subsection . . . (2)(b) above with respect to the descriptions of services they propose to secure under subsection . . . (2)(a) above, a council shall have regard to any measures they are required or propose to take for meeting any transport requirements in exercise or performance of— a any of their functions . . . as an education authority; or b any of their . . . social work functions. 4 A non-metropolitan district council in England . . . shall have power to secure the provision of such public passenger transport services as they consider it appropriate to secure to meet any public transport requirements within their area which would not in their view be met apart from any action taken by them for that purpose. 5 For the purpose of securing the provision of any service under subsection (1)(a) or (2)(a) or (as the case may be) under subsection (4) above any council shall have power to enter into an agreement providing for service subsidies; but their power to do so— a in England and Wales, shall be exercisable only where the service in question would not be provided, or would not be provided to a particular standard, without subsidy; aa in Scotland, shall be exercisable only where the service in question would not be provided without subsidy; and b is subject to sections 89 to 92 of this Act. 5A The reference in subsection (5)(a) above 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; c the vehicles used to provide the service. 6 A non-metropolitan county council in England and Wales or, in Scotland, a . . . council shall have power to take any measures that appear to them to be appropriate for the purpose of or in connection with promoting, so far as relates to their 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 council 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). 7 It shall be the duty of a county council or (as the case may be) of a regional or islands council, in exercising their power under subsection (6) above, to have regard to a combination of economy, efficiency and effectiveness. 8 It shall be the duty of any council, 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 .... 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 References in subsection (6) above to subsidised services are references to services provided under an agreement providing for service subsidies entered into— a by the council in question or by any other county or district council or regional or islands council under this section; or b by the Passenger Transport Executive for any integrated transport area or passenger transport area under section 9A(4) of the 1968 Act. 10 In this Act— a “ public passenger transport services ” means all those services on which members of the public rely for getting from place to place, when not relying on private facilities of their own, including school transport but not— i services provided under permits under section 19 of this Act, other than services provided wholly or mainly to meet the needs of members of the public who are elderly or disabled; or ii excursions or tours; and b references, in relation to any Passenger Transport Executive, non-metropolitan county or district council or regional or islands council, to agreements providing for service subsidies are references to agreements under which any person undertakes to provide a public passenger transport service of any description on terms which include provision for the making of payments to that person by that Executive or council. Consultation and publicity with respect to policies as to services. 64 1 When considering from time to time the formulation of policies for the purposes of section 63(2)(b) of this Act, any council to whom that provision applies shall consult— a with every Integrated Transport Authority, combined authority, combined county authority, Passenger Transport Authority, county council orregional or islands 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 council to be representative of such persons; . . . 2 As soon as practicable after any occasion when they formulate new or altered policies for those purposes, any such council shall publish a statement of all policies so formulated by them on that or any previous occasion which they propose for the time being to follow in the performance of their duty to secure services . . . under section 63(2)(a). 3 When any such council 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 council 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. Co-operation between certain councils and London Regional Transport. 65 1 Subject to the following provisions of this section, any non-metropolitan county or district council in England and Wales and Transport for London or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999) shall each have power to enter into any agreement or arrangements with the other under which that council or (as the case may be) Transport for London or that subsidiary undertake to contribute towards any expenditure incurred by the other party to the agreement or arrangements in making payments to a person providing a public passenger transport service under any agreement entered into by that other party in exercise of any power that other party may have to secure the provision of that service. 2 The agreement under which the payments are made must have been entered into in pursuance of the agreement or arrangements between the council in question and Transport for London or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999) . 3 Transport for London shall not exercise its powers under section 156(2) or (3) of the Greater London Authority Act 1999, and no subsidiary of Transport for London shall enter into a transport subsidiary’s agreement (within the meaning of section 169 of that Act), in pursuance of any agreement or arrangement entered into under this section except— a in a case where the service in question would not be provided without a subsidy; and b in accordance with sections 89 to 92 of this Act. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusion of powers of certain councils to run bus undertakings. 66 1 Subject to section 71 of this Act and subsection (2) below and to sections 123O and 132C of the Transport Act 2000 , but notwithstanding anything in any other statutory provision, a non-metropolitan district council in England a county council or county borough council in Wales or, in Scotland, a council (other than the council for Orkney Islands, Shetland Islands or Western Isles) shall not have power to provide a service for the carriage of passengers by road which requires a PSV operator’s licence. 2 Subsection (1) above shall not have effect in relation to any council who, at the time when this section comes into force, are providing any such service until the end of such period as may be specified by order made by the Secretary of State. References below in this Part of this Act to a council operating a bus undertaking are references to any council to whom this subsection applies. 3 Any order under subsection (2) above may apply to all councils within that subsection who are not for the time being exempt by virtue of section 71 of this Act from subsection (1) above, to any class of such councils, or to any such council specified in the order; and different periods may be specified by any such order in relation to different councils or classes of councils to whom it applies. 4 Any order under subsection (2) above shall, in relation to every period specified in the order for the purposes of that subsection (“the primary period”), specify also a period ending before the primary period as the period allowed to councils to whom the primary period applies for complying with such of the requirements of sections 67 to 69 of this Act as are applicable to them. 5 A period specified by virtue of subsection (4) above in an order under subsection (2) above is referred to in those sections, in relation to any council to whom it applies, as the council’s preparatory period. 6 Any order amending a previous order under subsection (2) above, in so far as it extends any period specified in the previous order for the purposes of that subsection, may be framed so as to have effect from a date earlier than the making of the order. 7 For the purposes of this Part of this Act— a a service for the carriage of passengers by road is a service which requires a PSV operator’s licence if vehicles used in providing the service are used in such circumstances that a PSV operator’s licence is required in respect of that use; b any council who have made (whether alone or jointly with any other authority or authorities) arrangements under any enactment for the discharge by any other authority or person of that council’s functions with respect to the operation of any such service shall be taken to be providing that service at any time when it is being provided under those arrangements; and c references, in relation to any council operating a bus undertaking, to the council’s bus undertaking are references (according to the context) to— i all activities carried on, whether by the council themselves or by any other authority or person in pursuance of any such arrangements as are mentioned in paragraph (b) above or otherwise, in or for the purposes of the provision by the council of any such service; or ii all property of the council used or appropriated for use and all rights and liabilities of the council subsisting for the purposes of any such activities. Formation of companies to run council bus undertakings. 67 1 Where an order is made under section 66(2) of this Act, the council or (as the case may be) each of the councils to whom the order applies shall, before the end of that council’s preparatory period, form (whether alone or jointly with any other council operating a bus undertaking) one or more companies for the purpose of carrying on— a activities of any description included among the activities of the bus undertaking of that council or (as the case may be) of any of the councils concerned in the formation of the company or companies in question; b activities of any other description included among the activities of any joint undertaking of which that council’s bus undertaking, or (as the case may be) the bus undertaking of any council so concerned, forms part; and c any other activities which appear to the council or (as the case may be) to both or all of the councils so concerned to be incidental to or connected with any activities within paragraph (a) or (b) above or to be capable of being conveniently carried on in association with any such activities. 2 Any company formed under this section shall be a company limited by shares registered under the Companies Act 1985. 3 Subject to subsections (4) and (5) below, a council’s bus undertaking shall be regarded for the purposes of this Part of this Act as forming part of a joint undertaking if the services for the carriage of passengers by road provided in the course of the activities of the council’s bus undertaking are wholly or mainly provided under any agreement for— a the provision or operation of those services by a body acting on the joint behalf of that council and one or more other councils; or b the operation of those services by any company operating those services in conjunction with services for the carriage of passengers by road provided by that company. 4 Subsection (3)(a) above only applies where the agreement provides for the distribution among the parties on its termination of— a all assets, or the proceeds of all assets, used or appropriated for use for the purpose of providing services for the carriage of passengers by road under the agreement; or b all such assets or proceeds excluding only land or the proceeds of disposal of land. 5 Subsection (3)(b) above only applies where— a the agreement includes provision for securing that the parties on termination of the agreement hold shares of equal value in assets required to be brought into account on termination of the agreement; and b those assets include all assets so used or appropriated for use. 6 References in this Part of this Act, in relation to a council whose bus undertaking forms part of a joint undertaking, to the joint undertaking are references to all activities carried on, or (according to the context) to all property used or appropriated for use and all rights and liabilities subsisting for the purposes of any activities carried on, in pursuance of the agreement by reference to which that council falls within subsection (3) above. Schemes for transfer of individual council bus undertakings to companies formed under section 67. 68 1 Subject to subsection (2) below, a council to whom section 67(1) of this Act applies shall, before the end of that council’s preparatory period, submit to the Secretary of State a scheme providing for the transfer to a company or companies formed by that council under that section of— a such of the property, rights and liabilities of the council comprised in the council’s bus undertaking; and b such other property, rights and liabilities of the council; as it appears to the council to be appropriate to transfer to the company or companies in question. 2 This section does not apply to a council whose bus undertaking forms part of a joint undertaking, except where any of the activities of the council’s bus undertaking (“the separate activities”) are carried on by the council otherwise than in pursuance of any such agreement as is mentioned in section 67(3) of this Act; and in the latter case the reference in subsection (1)(a) above to property, rights and liabilities of the council shall be read as limited to property used or appropriated for use and rights and liabilities subsisting for the purposes of the separate activities. 3 Two or more councils to whom this section applies may submit a joint scheme for the purposes of subsection (1) above; and in any such case the scheme may provide for the transfer of any property, rights and liabilities within that subsection as it applies to any one of those councils to a company or companies formed under section 67 of this Act by any other of those councils. 4 In preparing a scheme for the purposes of subsection (1) above the council or councils concerned shall take into account any advice given by the Secretary of State as to the provisions he regards as appropriate for inclusion in the scheme (and in particular, but without prejudice to the generality of that, as to the description of property, rights and liabilities it is in his view appropriate to transfer to the company or companies in question). 5 A scheme under this section shall not come into force until it has been approved by the Secretary of State or until such date as the Secretary of State may, in giving his approval, specify; and the Secretary of State may approve a scheme either without modifications or with such modifications as, after consultation with the council or councils concerned, he thinks fit. 6 If the Secretary of State is not satisfied that a scheme submitted under subsection (1) above accords with any such advice given by him as is mentioned in subsection (4) above, or would do so with appropriate modifications, he may, after consultation with the council or councils concerned, instead of approving the scheme substitute for it a scheme of his own, to come into force on such date as may be specified in the scheme. 7 On the coming into force of a scheme under this section, the property, rights and liabilities affected by the scheme shall, subject to section 129 of this Act, be transferred and vest in accordance with the scheme. Orders for transfer of joint undertakings to companies formed under section 67. 69 1 This section applies to a council to whom section 67(1) of this Act applies whose bus undertaking forms part of a joint undertaking (referred to below in this section and in section 70 of this Act as a council participating in a joint undertaking). 2 Any council participating in a joint undertaking shall, before the end of that council’s preparatory period, submit to the Secretary of State written proposals for the transfer to a company or companies formed by that council under section 67 of— a such of the property, rights and liabilities comprised in that council’s share of the joint undertaking (whether or not then vested in that council); and b such other property, rights and liabilities of the council; as it appeals to the council to be appropriate to transfer to the company or companies in question. 3 In any case within section 67(3)(a) of this Act both or all the councils participating in the joint undertaking may submit joint proposals for the purposes of subsection (2) above; and in any such case the proposals— a may release to each council’s share of the joint undertaking and (without prejudice to that) to all property, rights and liabilities of the body carrying on that undertaking; and b may provide for the transfer of any property, rights and liabilities within subsection (2) above as it applies to each of those councils to a company or companies formed under section 67 of this Act by any one or more of those councils. 4 Any proposals submitted to the Secretary of State under this section must include proposals with respect to the terms on which the agreement under which the joint undertaking is carried on (referred to below in this section as the operating agreement) should be terminated. 5 Individual proposals submitted to the Secretary of State under this section by a single council participating in a joint undertaking must include proposals for the division of that undertaking between the parties to it and the determination of the property, rights and liabilities to be allocated to each as his share. 6 In preparing their proposals for the purposes of subsection (2) above the council or councils concerned shall take into account any advice given by the Secretary of State as to the provisions he regards as appropriate for inclusion in the proposals (and in particular, but without prejudice to the generality of that, as to the description of property, rights and liabilities it is in his view appropriate to transfer to the company or companies in question). 7 Where in relation to any joint undertaking the Secretary of State has received under this section proposals submitted to him (whether individually or jointly) by the council or (if more than one) by both or all of the councils participating in the undertaking, he shall, after considering those proposals and consulting the council or councils concerned, make an order in accordance with the following provisions of this section and section 70 of this Act. 8 Before making such an order in any case within section 67(3)(b) of this Act the Secretary of State shall— a give the company carrying on the joint undertaking an opportunity of making written representations with respect to any proposals submitted to the Secretary of State in relation to that undertaking by the council concerned; and b consider any such representations made to him within such time as he may allow for the purpose. 9 An order made by the Secretary of State under this section with respect to any joint undertaking may make provision— a where joint proposals were submitted under subsection (3) above with respect to that undertaking, for the transfer in accordance with the proposals of— i all property, rights and liabilities of the body carrying on that undertaking; and ii such of the property, rights and liabilities of the councils participating in the joint undertaking as may be specified in the order; b where individual proposals were submitted by any council participating in the joint undertaking, for the division of that undertaking between the parties to it and the determination of the property, rights and liabilities to be allocated to each as his share; c in a case within paragraph (b) above, for the transfer in accordance with the proposals submitted by any such council of— i such of the property, rights and liabilities comprised in that council’s share of the joint undertaking as determined by or under the order (whether or not then vested in that council) as may be specified in the order; and ii such other property, rights and liabilities of that council as may be so specified; and, in any case within section 67(3)(b) of this Act, for the transfer to the company carrying on the joint undertaking of any property, rights and liabilities of the council concerned which are comprised in that company’s share as determined by or under the order; d for the transfer to such person as may be so specified from any council participating in the joint undertaking, or from the body carrying on the undertaking, of all such functions as may be determined by or under the order, being functions conferred or imposed on that council or body under any Act for the purposes of or in connection with the joint undertaking; e for determining the effect of any transfer under the order in relation to persons employed in the joint undertaking or any part of it; f for the protection of the interests of persons who by virtue of any transfer under the order fall to be treated as persons employed by the person taking that transfer; g for the termination of the operating agreement on such terms as may be specified in the order; and h in any case within section 67(3)(a) of this Act, for the dissolution of the body carrying on the joint undertaking. 10 An order made by the Secretary of State under this section— a may give effect to the proposals submitted to him under this section either without modifications or with such modifications as, after consultation with the council or councils concerned, the Secretary of State thinks fit; or b if the Secretary of State is not satisfied that the proposals accord with any such advice given by him as is mentioned in subsection (6) above, or would do so with appropriate modifications, may make such provision in substitution for those proposals as the Secretary of State, after such consultation, thinks fit; and references in subsection (9) above to an order’s making provision for the transfer of any property, rights and liabilities in accordance with any such proposals shall be read as referring to those proposals as approved by the Secretary of State or to any provision made by the order by virtue of paragraph (b) above, as the case may require. Supplementary provisions with respect to orders under section 69. 70 1 Any order under section 69 of this Act may contain such supplementary, incidental and consequential provisions as the Secretary of State thinks necessary or expedient for the purposes of the order, and in particular (but without prejudice to the generality of that) may include provision— a for the assumption by any council participating in the joint undertaking and by any person to whom any property, rights and liabilities are transferred under the order of such liabilities to one another as may be determined by or under the order to be appropriate having regard to the financial arrangements of that council before the severance from the other activities of the council of the joint undertaking or (as the case may be) of any activities of that council for the purposes of the joint undertaking; b for the settlement by a court or otherwise of any dispute or other matter arising in connection with the order; c for making in any statutory provision relating to, or to a class of undertakings which includes, the joint undertaking, such amendments or repeals as may appear to the Secretary of State to be required in consequence of any transfer under the order; d for the making by any person to whom any property, rights and liabilities are transferred under the order to any council participating in the joint undertaking of payments by way of contributions to the cost of any adjustments arising from the severance mentioned in paragraph (a) above; and e with respect to the consideration to be provided by any such person for any transfer under the order. 2 Subject to subsection (3) below, any property, rights and liabilities for the transfer of which provision is made by an order under section 69 of this Act shall be transferred and vest in accordance with the order on such date or dates as may be appointed by the order for that purpose. 3 Subject to the following provisions of this section, Schedule 4 to the 1968 Act (supplementary provisions as to certain transfers of property, rights and liabilities) shall apply to any transfer under subsection (2) above; and subsection (2) above shall have effect subject to the provisions of that Schedule. 4 In Schedule 4 as it applies by virtue of subsection (3) above— a any reference to a transfer by or a vesting by virtue of that Act shall be read as a reference to a transfer by or a vesting by virtue of the order; and b the reference in paragraph 13(5) to the relevant provisions of that Act shall be read as including a reference to the relevant provisions of this Act. 5 Any order under section 69 of this Act may make modifications in Schedule 4 for the purposes of its application to a transfer effected by that order. Exemption for councils running small bus undertakings. 71 1 Where in the case of any council operating a bus undertaking the number of vehicles owned by the council and used or appropriated for use in providing any service for the carriage of passengers by road which requires a PSV operator’s licence does not exceed such number as may be specified by order made by the Secretary of State, the Secretary of State may on the application of that council grant to that council an exemption from section 66(1) of this Act for such period and on such terms and conditions as he thinks fit. 2 Any such exemption shall cease to have effect if any term or condition applicable to it is contravened. 3 Where a council operating a bus undertaking is in possession of a vehicle under an agreement for hire, hire-purchase, conditional sale or loan, that vehicle shall be treated for the purposes of subsection (1) above as owned by the council. Further provisions with respect to companies formed under Part IV The public transport companies and their controlling authorities. 72 1 References in this Part of this Act to a public transport company are references to any of the following— a any company which was formed under section 59 of this Act by the Passenger Transport Executive for any integrated transport area or passenger transport area and is for the time being a subsidiary of that Executive or of the Integrated Transport Authority or Passenger Transport Authority for that area; b any company which was formed under section 61 of this Act by the Integrated Transport Authority for any integrated transport area or by the Passenger Transport Authority for any passenger transport area and is for the time being a subsidiary of that Authority; and c any company which was formed by one or more councils under section 67 of this Act and is for the time being under local authority control. 2 A company formed under section 67 of this Act shall be treated for the purposes of subsection (1)(c) above as under local authority control at any time when either— a it is a subsidiary of a single district council in England and Wales or, in Scotland, of a single council (other than the council for Orkney Islands, Shetland Islands or Western Isles) or b if two or more such councils who are members of the company were a single body corporate, it would be a subsidiary of that body corporate. 3 References in this Part of this Act to a public transport company’s controlling authority— a in relation to a company within subsection (1)(a) or (b) above, are references to the Passenger Transport Executive or (as the case may be) the Integrated Transport Authority or the Passenger Transport Authority of whom it is a subsidiary; and b in relation to a company within subsection (1)(c) above, are references to the council or councils referred to in subsection (2) above. 4 References in this Part of this Act to a composite authority are references to a controlling authority consisting of two or more such councils as are referred to in subsection (2) above, and the councils concerned are referred to as the component councils of that authority. 5 For the purposes of this Part of this Act a public transport company is an associated company— a in relation to an Integrated Transport Authority or a Passenger Transport Authority if that Authority or the Passenger Transport Executive for that Authority’s area are its controlling authority; b in relation to a Passenger Transport Executive if that Executive or the Integrated Transport Authority or Passenger Transport Authority for that Executive’s area are its controlling authority; and c in relation to a district council in England and Wales or, in Scotland, a council (other than the council for Orkney Islands, Shetland Islands or Western Isles) if that council are its controlling authority or one of the component councils of a composite authority who are its controlling authority. Control over constitution and activities of public transport companies. 73 1 It shall be the duty of any public transport company’s controlling authority to exercise their control over that company so as to ensure that the directors of the company include no more than the permitted maximum number of persons who are not full-time employees of the company. 2 Following the transfer to a public transport company of its initial undertaking, it shall be the duty of that company’s controlling authority to exercise their control over that company so as to ensure that the directors of the company include not less than the required minimum number of persons who are full-time employees of the company holding positions of responsibility for the management of the company’s business or any part of it. The reference above in this subsection to the transfer to a public transport company of its initial undertaking is a reference, in relation to any such company, to the transfer or (if more than one) the first transfer of property, rights and liabilities to that company under section 59(7), 61(11), 68(7) or 70(2) of this Act. 3 Subject to subsection (5) below, it shall be the duty of any public transport company’s controlling authority to exercise their control over the company so as to ensure that the company— a does not engage in activities in which the controlling authority have no power to engage or permit any body corporate which is its subsidiary to engage in any such activities; b does not— i borrow money from any person other than the controlling authority; or ii permit any body corporate which is its subsidiary to borrow money from any person other than the company, any other subsidiary of the company, or the controlling authority; with the exception in each case of borrowing by way of temporary loan or overdraft; and c does not— i raise money by the issue of shares or stock to any person other than the controlling authority; or ii permit any body corporate which is its subsidiary to raise money by the issue of shares or stock to any person other than the company. 4 Where a public transport company’s controlling authority are a composite authority, the duties imposed by the preceding provisions of this section are joint duties of both or all of the component councils of that authority; and subsection (3) above shall apply in any such case as if— a paragraph (a) referred to activities in which none of the component councils have power to engage; and b references in paragraphs (b) and (c) to the controlling authority were references to the component councils. 5 Subsection (3)(a) above shall not apply— a in the case of a public transport company whose controlling authority are the Integrated Transport Authority for any integrated transport area or the Passenger Transport Authority for any passenger transport area, in relation to activities within the powers of the Executive for that area or activities which were formerly within those powers but have ceased to be so by virtue of any order made under section 60 of this Act; b in the case of a public transport company within section 72(1)(c) of this Act, in relation to activities which were formerly within the powers of the council who formed or of any council who participated in forming that company, but have ceased to be so by virtue of section 66(1) of this Act. 6 The Secretary of State may by order prescribe— a the permitted maximum number for the purposes of subsection (1) above; and b the required minimum number for the purposes of subsection (2) above. Disabilities of directors of public transport companies. 74 1 A director of a public transport company who is paid for acting as such or is an employee of the public transport company or a subsidiary of the public transport company shall be disqualified for being elected or being a member— a of any council who are that company’s controlling authority; or b where that company’s controlling authority are a composite authority, of any of the component councils. 2 Where a public transport company’s controlling authority are an Integrated Transport Authority for an integrated transport area in England and Wales, a director of that company who is paid for acting as such or is an employee of that company or a subsidiary of that company shall be disqualified for being appointed or being a member of that Integrated Transport Authority . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 The provisions of this section shall apply in relation to a director of a subsidiary of a public transport company as they apply in relation to a director of such a company. Powers of investment and disposal in relation to public transport companies. 75 1 Without prejudice to the powers of a Passenger Transport Executive, an Integrated Transport Authority, a Passenger Transport Authority , a district council or, in Scotland, a council (other than the council for Orkney Islands, Shetland Islands or Western Isles) — a to subscribe for shares on formation of a company formed by them (whether alone or jointly with any other council) in pursuance of any provision of this Part of this Act; or b to acquire any shares in or other securities of a company so formed by way of consideration for any transfer of property, rights and liabilities to that company required or authorised under any such provision; any such Authority or council shall have power at any time to subscribe for, take up or acquire (as the case may be) any shares in or other securities of any associated company. 2 Any such Authority or council shall each have power to provide for the disposal, in such manner as they think fit, of any such shares or other securities. 3 The exercise of the power under subsection (1) or (2) above requires the consent of the Secretary of State; and a public transport company’s controlling authority may not, without that consent, in exercise of their control over that company permit— a the disposal by that company of the whole of that company’s undertaking; b any disposal by that company of any shares in or other securities of a body corporate which is that company’s subsidiary; or c any disposal by that company of any part of that company’s undertaking, or of any assets of that company (other than shares or securities within paragraph (b) above) which appears to that authority (or, in the case of a composite authority, to both or all of the component councils) to affect materially the structure of the company’s business. 4 An Integrated Transport Authority A Passenger Transport Authority , a district council or, in Scotland, a council (other than the council for Orkney Islands, Shetland Islands or Western Isles) who are a public transport company’s controlling authority or (as the case may be) both or all of the component councils of a composite authority who are a public transport company’s controlling authority, may, in exercising their power under subsection (2) above in relation to the disposal of any shares in or other securities of that company, provide for an employees’ share scheme to be established in respect of that company; and any such scheme may provide for the transfer of shares without consideration. Audit of accounts of public transport companies. 76 1A In a case where a public transport company's controlling authority are— a a county council or county borough council in Wales, or b a composite authority of which both or all the constituent councils are county councils or county borough councils in Wales, it shall be the duty of the controlling authority to exercise their control over that company so as to ensure that the company appoints as auditors of the company only persons who, in addition to meeting the requirements of Part 42 of the Companies Act 2006 (statutory auditors), are approved for appointment as such auditors by the Auditor General for Wales. 1B In any other case, it shall be the duty of a public transport company's controlling authority to exercise their control over that company so as to ensure that the company appoints as auditors of the company only persons who meet the requirements of Part 42 of the Companies Act 2006 (statutory auditors). 2 Where a public transport company’s controlling authority are a composite authority, the duty imposed by subsection (1) or (as the case may be) (1A) above is a joint duty of both or all of the component councils of that authority. 3 This section shall not apply to Scotland. Local authority financial controls in Scotland. 77 1 Any liability to meet capital expenses incurred by a public transport company shall be treated for the purposes of section 94 of the Local Government (Scotland) Act 1973 (consent of Secretary of State required for the incurring of liability to meet capital expenses) as a liability to meet capital expenses incurred by that company’s controlling authority. 2 Subject to the following provisions of this section, it shall be the duty of any public transport company’s controlling authority to exercise their control over that company so as to ensure that the company shall appoint only auditors who, in addition to being eligible for such appointment in accordance with Part II of the Companies Act 1989 meeting the requirements of Part 42 of the Companies Act 2006 (statutory auditors) , are approved for appointment as auditors of the company by the Commission for Local Authority Accounts in Scotland. 3 Where a public transport company’s controlling authority are a Passenger Transport Executive, the reference in subsection (1) above to the controlling authority shall be read, in relation to that company, as a reference to the Passenger Transport Authority for that Executive’s area. 4 References in this section to a public transport company include references to any subsidiary of such a company. 5 This section applies to Scotland only. Provision of services for public transport companies. 78 1 A Passenger Transport Executive and a district council or, in Scotland, council (other than the council for Orkney Islands, Shetland Islands or Western Isles) a shall each have power to enter into an agreement with any associated company, or with any subsidiary of an associated company, for the provision by that Executive or council for that company or (as the case may be) for that subsidiary of any administrative, professional or technical services. 2 Any agreement under this section shall include provision for payment of proper commercial charges in respect of services to be provided under the agreement. Financial backing for establishment and operations of public transport companies. 79 1 An Integrated Transport Authority A Passenger Transport Authority and a district council or, in Scotland, a council (other than the council for Orkney Islands, Shetland Islands or Western Isles) shall each have power to make loans to any associated company, or to guarantee loans made to any associated company by any other person, for the provision of working capital. 2 The reference in subsection (1) above to guaranteeing loans is a reference to guaranteeing the repayment of the principal of, the payment of interest on, and the discharge of any other financial obligation in connection with, any such loans. 3 The exercise of the power under subsection (1) above, otherwise than in pursuance of any provision made by any scheme or order under this Part of this Act in connection with any transfer of property, rights and liabilities to the company in question for which that scheme or order provides, requires the consent of the Secretary of State. 4 An Integrated Transport Authority A Passenger Transport Authority and a district council or, in Scotland, a council (other than the council for Orkney Islands, Shetland Islands or Western Isles) shall each have power to make loans— a to any associated company; or b to any subsidiary of an associated company; for the purpose of meeting any expenses incurred or to be incurred by that company or subsidiary in connection with the provision or improvement of assets in connection with its business. 5 Any loan under subsection (4) above must be made on terms, both as to rates of interest and otherwise, no more favourable than the terms on which the authority making the loan would themselves be able to borrow at the time when the loan is made. 6 An Integrated Transport Authority A Passenger Transport Authority and a district council or, in Scotland, a council (other than the council for Orkney Islands, Shetland Islands or Western Isles) shall each have power to give any guarantees and do any other things which appear to that Authority or (as the case may be) to that council to be necessary or expedient for the purpose of or in connection with— a any disposal authorised by section 75(2) of this Act; or b any disposal by any associated company of the whole or any part of that company’s undertaking, or of any property, rights or liabilities of that company. 7 Where any such disposal requires or (as the case may be) may not be permitted without the consent of the Secretary of State, the power under subsection (6) above may not be exercised in relation to that disposal without the consent of the Secretary of State. 8 Subject to subsection (9) below, an Integrated Transport Authority, a Passenger Transport Authority and a district council or, in Scotland, a council (other than the council for Orkney Islands, Shetland Islands or Western Isles) shall each have power , with the consent of the Secretary of State, to provide financial assistance by way of grants, loans or guarantees for any associated company which has incurred losses affecting the viability of its business. 9 The power under subsection (8) above may only be exercised for the purpose of any plan approved by the Secretary of State for improving the efficiency of the company’s operations and its commercial performance generally so as to enable it to carry on business without further assistance from the Authority or council concerned or from any other council who are a member of the company. 10 An Integrated Transport Authority A Passenger Transport Authority and a district council or, in Scotland, a council (other than the council for Orkney Islands, Shetland Islands or Western Isles) shall each have power, where on the winding up of any associated company the assets of the company are not sufficient to meet the company’s liabilities, to make to the creditors of the company such payments as may be necessary to meet the balance of those liabilities (and may accordingly give to persons dealing or proposing to deal with any such company such guarantees with respect to the exercise of their power under this subsection in relation to that company as they think fit). Miscellaneous and supplementary Duty of Integrated Transport Authority or Passenger Transport Authority not to inhibit competition. 80 An Integrated Transport Authority or a Passenger Transport Authority, in exercising their functions— a in relation to the formation of companies under section 61 of this Act and the formulation of proposals under that section; b in relation generally to the exercise of rights in relation to any public transport company arising from the holding of any shares in or other securities of that company; c in relation in particular to the exercise of control virtue of any such rights over any disposal by any such company of the whole or any part of that company’s undertaking, or of any property, rights or liabilities of that company; and d in relation to any disposal under section 75(2) of this Act; shall so conduct themselves as not to inhibit competition between persons providing or seeking to provide public passenger transport services in their area. Provision, maintenance and operation of bus stations. 81 1 A Passenger Transport Executive for any integrated transport area or passenger transport area shall have power— a to provide bus stations and associated facilities at any place in or in the vicinity of their area; and b to maintain, repair and operate bus stations and associated facilities provided under paragraph (a) above or under their former powers. 2 Where a council who, at the time when section 66 of this Act comes into force, are providing a service for the carriage of passengers by road which requires a PSV operator’s licence, have ceased by virtue of subsection (1) of that section to have power to provide such a service, that council shall have power to maintain, repair and operate bus stations and associated facilities provided by them under their former powers. 2A Where, immediately before 1st April 1996, a council (the “ former council ”) had power, by virtue of subsection (2) above, to maintain, repair and operate a bus station and any associated facilities, that power is, on and after that date, exercisable— a where the bus station and any such associated facilities— i was or were, immediately before 1st April 1996, situated wholly within the area of the former council, and ii is or are, on and after that date, situated wholly within a single Welsh county or county borough, by the council of that county or county borough; and b in any other case, by such Welsh county council or county borough council as the Secretary of State may by order designate. 3 Any charges for the use of accommodation for public service vehicles at any bus station provided by the Passenger Transport Executive for any integrated transport area or passenger transport area or provided by any other person under any agreement entered into by any such Executive under section 10(1)(xv) of the 1968 Act (contracting-out powers) shall be reasonable. 4 Subsection (3) above only applies where the charges are made by the Executive in question under section 10(1)(xiii) of that Act or by a person who is operating the bus station under any such agreement otherwise than as agent for the Executive. 5 Any such council as is mentioned in subsection (2) above shall have power— a to make reasonable charges for the use of accommodation for public service vehicles at any bus station provided under their former powers; and b to make reasonable charges for the use of, or let on hire to any person, any associated facilities provided by them in connection with any bus station so provided. 5A Any Welsh county council or county borough council by whom any power is exercisable in relation to a bus station and any associated facilities by virtue of subsection (2A) above shall have power— a to make reasonable charges for the use of accommodation for public service vehicles at that bus station; and b to make reasonable charges for the use of, or let on hire to any person, those facilities (if any). 6 If any person who is the holder of a PSV operator’s licence in respect of any vehicles using accommodation for public service vehicles at any such bus station as is mentioned in subsection (3), (5) or (5A) above considers that charges for the use of that accommodation are unreasonable, that person may apply to the traffic commissioner for the traffic area in which the bus station is situated (or, where it is situated partly in one area and partly in another, to the traffic commissioner for such of those areas as may be agreed between the traffic commissioners concerned or, in default of agreement, determined by the Secretary of State a traffic commissioner ). 7 On any application under subsection (6) above the traffic commissioner a traffic commissioner may determine the charges to be made in respect of the applicant’s vehicles for such period and on such terms as he thinks fit. Bus stations: restrictions on discriminatory practices, etc. 82 1 Neither a Passenger Transport Executive nor a local authority shall, in the exercise of any of their powers— a in relation to the provision or operation of bus stations or any associated facilities; or b without prejudice to paragraph (a) above) in relation in particular to the charges to be made for the use of any accommodation at a bus station or of any associated facilities; act in such a way as to discriminate (whether directly or indirectly) against any holder, or class of holder, of a PSV operator’s licence. 2 In relation to a local authority, the powers in question under subsection (1) above include in particular (without prejudice to the generality of that subsection) their powers under section 38 of the Road Traffic Regulation Act 1984 (appointment of parking places provided under section 32 of that Act as stations for public service vehicles and provision of accommodation in connection with places so appointed). 3 Where under any agreement (other than an agency agreement) entered into by a Passenger Transport Executive under section 10(1)(xv) of the 1968 Act (contracting-out powers) a person is operating a bus station or any associated facilities provided by that Executive or provided by that or any other person under any such agreement, that person shall not— a in relation to the operation of that bus station or (as the case may be) of those facilities; or b (without prejudice to paragraph (a) above) in relation in particular to the charges to be made for the use of any accommodation at that station or (as the case may be) for the use of those facilities; act in such a way as to discriminate (whether directly or indirectly) against any holder, or class of holder, of a PSV operator’s licence. 4 The reservation of the whole or any part of the accommodation for public service vehicles at any bus station for such vehicles used in providing local services or (as the case may be) for such vehicles used in providing services other than local services shall not be taken to be discrimination prohibited by subsection (1) or (3) above. 4A Nothing done pursuant to an advanced quality partnership scheme or a quality partnership scheme under Part II of the Transport Act 2000 by— a a Passenger Transport Executive, b a local authority, or c a person to whom subsection (3) above applies, shall be taken to be discrimination prohibited by subsection (1) or (3) above. 4A Nothing done pursuant to a quality partnership scheme under Part 2 of the Transport (Scotland) Act 2001 (asp 2) by— a the Strathclyde Passenger Transport Executive; b a local authority; or c a person to whom subsection (3) above applies, shall be taken to be discrimination prohibited by subsection (1) or (3) above. 5 Notwithstanding anything in section 8 of the Transport Act 1983(obligation to accept tenders for carrying on activities of Executives in certain circumstances) a Passenger Transport Executive may not in exercise of their powers under section 10(1)(xv) of the 1968 Act enter into an agreement (other than an agency agreement) for— a the provision of any bus station or associated facilities the Executive have power under section 81 of this Act to provide; or b the operation of any bus station or associated facilities provided by the Executive under that section or under their former powers or provided by any other person under any agreement entered into by the Executive under section 10(1)(xv); by a person who is the operator of any public passenger transport services or a person connected with any such operator. 6 In this section “ agency agreement ” means, in relation to any agreement under section 10(1)(xv), an agreement with any person for the carrying on of activities by that person as agent for the Executive concerned. 7 Any such agreement as is mentioned in subsection (5)(b) above entered into after this subsection comes into force shall include provision for ensuring that it will come to an end if the person who under the agreement is to operate the bus station or associated facilities to which it applies becomes the operator of any public passenger transport services or a person connected with any such operator. 8 On and after the date on which this section comes into force, subsection (5) above shall apply in relation to any such agreement as is there mentioned entered into by the Passenger Transport Executive for any passenger transport area before that date as if this section had come into force on 11 July 1985. Provisions supplementary to sections 81 and 82. 83 1 References in section 81 of this Act to the former powers of any such council as is mentioned in subsection (2) of that section are references to any powers which have ceased to be exercisable by that council by virtue of the application to that council of section 66(1) of this Act; and references in that section and in section 82 of this Act to the former powers of a Passenger Transport Executive are references to any powers which have ceased to be exercisable by that Executive by virtue of any order under section 60(5) of this Act. 2 For the purposes of section 82 of this Act a person is a person connected with the operator of any public passenger transport services if that person is a member of a group of interconnected bodies corporate any one or more of which is such an operator. 3 For the purposes of subsection (2) above, any two bodies corporate are to be treated as interconnected 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. 4 In section 82 of this Act “ local authority ” means— a in relation to England and Wales, the council of a county, London borough or district or the Common Council of the City of London; and b in relation to Scotland, a . . . council. 5 In sections 81 and 82 of this Act and this section— a “ bus station ” means a parking place which may be used by public service vehicles (including any such parking place which forms part of any interchange facilities for enabling passengers travelling by one means of transport to continue their journey by another); and b “ associated facilities ” means, in relation to a bus station, any amenities or facilities provided for use in connection with that station. Compensation for loss of employment, etc. 84 1 Regulations may provide for the payment, by such persons as may be prescribed by or determined under the regulations, in such cases and to such extent as may be so prescribed or determined, of pensions, allowances or gratuities by way of compensation to or in respect of persons who have suffered loss of employment or loss or diminution of emoluments or pension rights by reason of— a the disposal under section 75(2) of this Act of any interests held by an Integrated Transport Authority, a Passenger Transport Authority or district council or, in Scotland, a council (other than the council for Orkney Islands, Shetland Islands or Western Isles) in a public transport company; b the disposal by any such company of the whole or any part of that company’s undertaking; or c any transfer of property, rights and liabilities under section 59, 61, 68 or 70 of this Act. 2 Regulations under this section may— a include provision as to the manner in which and the persons to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations; b make or authorise the Secretary of State to make exceptions and conditions in relation to any classes of persons or any circumstances to which the regulations apply; and c be framed so as to have effect from a date earlier than the making of the regulations; but regulations having effect from a date earlier than their making shall not place any individual who is qualified to participate in the benefits for which the regulations provide in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making. 3 Regulations under this section may include all or any of the following provisions, namely— a provision authorising the payment, without probate or, in Scotland, confirmation, and without other proof of title, of any sum due under the regulations in respect of a person who has died to his personal representatives or such other persons as may be prescribed by the regulations; b provision rendering void any assignment or, in Scotland, assignation of or charge on, or any agreement to assign or charge, any benefit under the regulations, and provision that on the bankruptcy of or, in Scotland, sequestration of the estate of, or granting of a trust deed for creditors by, a person entitled to such a benefit no part of it shall pass to any trustee or other person acting on behalf of the creditors except in accordance with an order made by a court in pursuance of any enactment specified in the regulations; and c such incidental, supplementary, consequential and transitional provisions as appear to the Secretary of State to be necessary or expedient. 4 Subject to subsection (5) below, where regulations under this section have made provision for the payment of pensions, allowances or gratuities as mentioned in subsection (1) above, compensation in respect of any such loss of employment or loss or diminution of emoluments or pension rights as is mentioned in that subsection shall be paid only in accordance with those regulations in any case to which those regulations apply; and accordingly such compensation shall not be paid under any other statutory provision, by virtue of any provision in a contract or otherwise. 5 Subsection (4) above shall not prevent any person from making any payment to which a person is entitled by virtue of contractual rights acquired by him before such date as the Secretary of State may by order specify. Incorporation of Passenger Transport Executives in Authorities for their area. 85 1 The Secretary of State may by order make provision for the transfer of all functions, property, rights and liabilities of the Passenger Transport Executive for any integrated transport area or passenger transport area specified in the order the Integrated Transport Authority or, as the case may be, to the Passenger Transport Authority for that area. 2 An order under this section may contain such supplementary, incidental and consequential provisions as may appear to the Secretary of State to be necessary or expedient. 3 Without prejudice to the generality of subsection (2) above, any such order may, in particular— a provide for enactments relating to the functions of Passenger Transport Executives and Authorities , Integrated Transport Authorities and Passenger Transport Authorities respectively to have effect in relation to the integrated transport area or passenger transport area specified in the order with such modifications as may be so specified; and b provide for the dissolution of the Passenger Transport Executive for that area. 4 The property, rights and liabilities to which an order under this section relates shall, subject to subsection (5) below, be transferred and vest in accordance with the order on such date as may be appointed by the order for that purpose. 5 Subject to the following provisions of this section, Schedule 4 to the 1968 Act shall apply to any transfer under subsection (4) above; and subsection (4) above shall have effect subject to the provisions of that Schedule. 6 In Schedule 4 as it applies by virtue of subsection (5) above— a any reference to a transfer by or a vesting by virtue of that Act shall be read as a reference to a transfer by or a vesting by virtue of the order; and b the reference in paragraph 13(5) to the relevant provisions of that Act shall be read as including a reference to the relevant provisions of this Act. 7 Any order under this section may make modifications in Schedule 4 for the purposes of its application to a transfer effected by that order. 8 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. Amendments consequential on orders under section 85. 86 1 The Secretary of State may by order provide for the modifications in the enactments mentioned in section 85(3)(a) of this Act, as those modifications apply for the time being in relation to integrated transport areas or passenger transport areas to which an order under that section applies, to have general effect on the date on which, by virtue of the cumulative effect of orders under that section, they first have effect in relation to all such areas in Great Britain. 2 Any order made under this section may contain such supplementary, incidental and consequential provisions (including provisions modifying any enactments contained in this or any other Act) as may appear to the Secretary of State to be necessary or expedient in consequence of giving general effect to the modifications mentioned in subsection (1) above. Interpretation of Part IV. 87 In this Part of this Act— a references to the initial company shall be read, in relation to any passenger transport area, in accordance with section 60(1) of this Act; b references to a council operating a bus undertaking shall be read in accordance with section 66(2) of this Act; c references to— i a service for the carriage of passengers by road which requires a PSV operator’s licence; ii the provision of any such service by any council; and iii the bus undertaking of any council operating a bus undertaking; shall be read in accordance with the relevant provisions of section 66(7) of this Act; d references to a joint undertaking of which any council’s bus undertaking forms part shall be read in accordance with section 67(6) of this Act; and e references to— i a public transport company; ii a public transport company’s controlling authority; iii a composite authority; iv component councils of a composite authority; and v an associated company; shall be read in accordance with the relevant provisions of section 72 of this Act. and f references to a district council shall be read, in relation to Wales, as references to a county council or county borough council, and references to a district shall be so read as references to a county or, as the case may be, county borough. Part V Financial Provisions Expenditure on public passenger transport services Expenditure on public passenger transport services. 88 1 Any power conferred on any authority responsible for expenditure on public passenger transport services to enter into agreements providing for service subsidies (however framed, and whether arising under this Act or under any other enactment) shall be subject to sections 89 to 92 of this Act. 2 It shall be the duty— a of all such authorities, in exercising and performing their functions with respect to securing the provision of public passenger transport services; and b of all— i local authorities in England and Wales, or, ii education authorities in Scotland or local authorities exercising social work functions in Scotland, in relation to any expenditure on transport for the purposes of or in connection with the exercise and performance of any of the functions set out in subsection (2A); to co-operate with one another so as to secure, in the interests of the ratepayers of their areas, the best value for money from their expenditure on public passenger transport, taken as a whole. 2A The functions referred to in subsection (2)(b) are— a in relation to local authorities in England and Wales, their education functions (as defined in section 579(1) of the Education Act 1996) and their social services functions; b in relation to Scotland, their functions as education authorities and their social work functions. 3 In subsection (2)(b) “local authority” means— a in relation to England and Wales, a county council, a metropolitan district council, a non-metropolitan district council for an area for which there is no county council, a county borough council, a London borough council, and the Common Council of the City of London (in their capacity as a local authority); and b in relation to Scotland, an authority who are a local authority for the purposes of the Social Work (Scotland) Act 1968. 4 It shall be the duty of all authorities mentioned in subsection (2) above to afford to one another such information as may be reasonably required for the purpose of the co-operation required of them under that subsection. 5 Where, as a result of any such co-operation, any such authority— a incur expenditure which they would not otherwise have incurred; or b receive less revenue than they would otherwise have done; that authority may, by notice to the other authority or authorities concerned, require that other authority or (as the case may be) those other authorities to reimburse the amount of that expenditure or of that reduction in revenue. 6 If— a any amount in respect of which, in accordance with a notice under subsection (5) above, any such authority or authorities are required to reimburse another such authority; or b where two or more such authorities are required by any such notice to reimburse another such authority, the share of that amount payable by each authority concerned; is not determined by agreement between both or all the authorities concerned within six months of the receipt of the notice or such longer period as may be agreed between them, that amount and (where paragraph (b) above applies) the share payable by each authority concerned shall be determined by an arbitrator or, in Scotland, by an arbiter. 7 Any such arbitrator or (as the case may be) arbiter shall be appointed either by agreement between the authorities concerned or, in default of such agreement, by the President of the Chartered Institute of Public Finance and Accountancy. 8 References in this Part of this Act to authorities responsible for expenditure on public passenger transport services are references to— a Passenger Transport Executives; b non-metropolitan county and district councils in England and Wales; and c . . . councils in Scotland; and in sections 89 to 92 of this Act include references to Transport for London in relation to any exercise of its power under section 156(2) or (3) (general powers) of the Greater London Authority Act 1999 which by virtue of section 65(3) of this Act is subject to those sections. Obligation to invite tenders for subsidised services. 89 1 Subject to sections 90 and 91 of this Act, an authority responsible for expenditure on public passenger transport services may not enter into an agreement providing for service subsidies under which a local service is to be provided except by accepting a tender invited in pursuance of this section. 2 Where any such authority propose to secure the provision of any local service by entering into any such agreement, the authority shall invite tenders for the provision of that service for such period and on such basis as may be specified in the invitation to tender. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Subject to subsection (5) below, any such invitation— a must be issued generally, in such manner as the authority issuing the invitation consider appropriate for bringing it to the attention of persons who may be interested; and b must also be issued individually to all persons who have given to that authority a written notice indicating that they wish to receive invitations to tender for the provision of local services for that authority’s area or (as the case may be) for the provision of such services of any description to which the invitation relates. 5 Any such notice shall specify the address to which any such invitation is to be directed, and it shall be sufficient for the purposes of subsection (4)(b) above if the authority send the invitation to the person giving any such notice at the address so specified. 6 An authority issuing an invitation to tender under this section shall not accept any tender submitted by a person who is not the holder of either— a a PSV operator’s licence, not being— i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii a licence to which any condition is attached under section 26 of this Act prohibiting the holder from using vehicles under the licence to provide local services of all descriptions or (as the case may be) of any description to which the invitation relates; or b a permit under section 22 of this Act. 7 An authority issuing an invitation to tender under this section shall, in determining whether to accept a tender submitted in response to the invitation or which (if any) of several such tenders to accept, have regard in particular to— a a combination of economy, efficiency and effectiveness; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c the reduction or limitation of traffic congestion, noise or air pollution. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions supplementary to section 89. 90 1 The period specified in any invitation to tender issued under section 89 of this Act as the period for which a service to which the invitation relates is to be provided shall not exceed 8 years beginning with the date on which any agreement entered into by accepting a tender submitted in response to the invitation is concluded. 2 Such information as may be prescribed with respect to any tenders submitted in response to any such invitation to tender shall be published by the authority issuing the invitation in such manner as may be prescribed. 3 On entering into an agreement by accepting any such tender that authority shall publish in such manner as may be prescribed their reasons for considering that the payment of service subsidies to secure the service in question in accordance with the terms of that tender accords with section 89(7) of this Act. 4 Regulations may provide for treating a specification of terms of service, in such form as may be prescribed— a prepared, with reference to any invitation to tender issued under section 89 of this Act by any authority responsible for expenditure on public passenger transport services, by the authority issuing the invitation with respect to the provision of that service by a company to be formed in pursuance of any requirement under Part IV of this Act to carry on any business which includes any current activities of that authority; and b ratified by that company after its formation within such period and in such manner as may be prescribed; as if it were a tender submitted in response to that invitation by that company within any period allowed for the submission of tenders in accordance with that invitation. 5 The reference in subsection (4)(a) above to any current activities of an authority responsible for expenditure on public passenger transport services is a reference to any activities which at the time when the specification of terms of service is prepared are currently carried on by or on behalf of that authority, or by any body of which that authority is a member or to which it appoints any members. Exceptions from section 89. 91 1 Regulations may provide for excluding from section 89(1) of this Act agreements of any description specified in the regulations; and any such description may be framed by reference to— a the description of service to which the agreement relates; b the description of persons proposing to operate the service; c the period for which the service is to be provided under the agreement; d the aggregate amount of the service subsidies provided for under the agreement; or e any other relevant circumstances. 2 Section 89(1) of this Act shall not apply in any case where it appears to an authority responsible for expenditure on public passenger transport services that action is urgently required for the purpose of— a maintaining an existing service; b securing the provision of a service in place of a service which has ceased to operate; or c securing the provision of a service to meet any public transport requirement which has arisen unexpectedly and ought in the opinion of the authority to be met without delay; and that it is necessary for that purpose to enter into an agreement providing for service subsidies in order to secure that service. 3 Where by virtue of subsection (2) above any such authority enter into an agreement to which section 89(1) of this Act does not apply, the authority shall as soon as possible invite tenders for the provision of the service which is the subject of that agreement for such period and on such basis as may be specified in the invitation to tender; and sections 89(3) to (8) and 90 of this Act shall apply in any such case as if the invitation had been issued under section 89(2). 4 Any agreement entered into by virtue of subsection (2) above shall be made so as to remain in force no later than the end of the period of three months beginning with the day immediately following the end of the period allowed for the submission of tenders in accordance with the invitation to tender issued under section (3) above. 5 Subject to the following provisions of this section, where— a an invitation to tender for the provision of any service is issued under section 89(2) of this Act or subsection (3) above; and b no tender, or no tender which the authority issuing the invitation consider acceptable, is submitted in response to that invitation; any power of that authority to enter into an agreement providing for service subsidies in order to secure that service shall cease to be subject to section 89(1) of this Act. 6 Any agreement which by virtue of subsection (5) above is entered into by an authority responsible for expenditure on public passenger transport services otherwise than by acceptance of a tender invited in pursuance of section 89 or subsection (3) above shall be made so as to remain in force no later than the end of the period specified in pursuance of section 90(1) of this Act in the invitation to tender mentioned in subsection (5)(a) above. 7 On entering into any such agreement an authority shall publish in such manner as may be prescribed either— a a statement that no tender was submitted in response to that invitation to tender; or b a statement of their reasons for considering that no tender so submitted was acceptable; as the case may require. General provisions with respect to the exercise of service subsidy functions. 92 1 An authority responsible for expenditure on public passenger transport services shall, in the exercise and performance of their functions in relation to agreements providing for service subsidies, have regard to the interests of the public and of persons providing public passenger transport services in their area. 2 Regulations under this section— a may make further provision for regulating the exercise and performance by authorities responsible for expenditure on public passenger transport services of their functions in relation to agreements providing for service subsidies; and b may make provision for limiting to an amount specified in the regulations the aggregate amount of the service subsidies any such authority may agree to pay under any one such agreement; and c may make provision for exceptions from section 89(4) of this Act in such cases as may be prescribed. 3 The provisions of sections 89 to 91 of this Act shall be subject to this section and any provision made by regulations under this section. Travel concession schemes Travel concession schemes. 93 1 Any local authority, or any two or more local authorities acting jointly, may establish a travel concession scheme for the provision of travel concessions on journeys on public passenger transport services— a between places in the principal area covered by the scheme; b between such places and places outside but in the vicinity of that area; or c between places outside but in the vicinity of that area; by operators of such services participating in the scheme. 2 For the purposes of this section, the principal area covered by a scheme under this section is— a the area of the local authority concerned or, where two or more such authorities are concerned, the area comprising the areas of both or all those authorities; or b if an area comprised within the area which would be the principal area under paragraph (a) above is specified in the scheme as being the principal area to which the scheme applies, the area so specified. 3 Any travel concession scheme established under this section shall define— a the travel concessions which are for the time being to be provided by operators participating in the scheme; b the description of persons eligible in accordance with subsection (7) below to receive travel concessions under any such scheme who are for the time being to qualify for travel concessions provided under the scheme; and c the dates in any year currently adopted as the dates on which operators may be admitted to participate in the scheme under section 96 of this Act (referred to below in this section as the standard admission dates); and may include particulars of any other arrangements for the time being adopted by the authority or authorities concerned in establishing the scheme with respect to the operation, scope and application of the scheme. 4 Any such scheme may define the standard admission dates by specifying particular dates, or by referring to dates of any specified description or separated by intervals of any specified length; but those dates, however determined, must not be separated by intervals of a length exceeding such period as may be prescribed. 5 Arrangements adopted by the authority or authorities concerned in establishing any such scheme with respect to the operation, scope and application of the scheme (including the matters specifically mentioned in paragraphs (a) to (c) of subsection (3) above) may differ for different descriptions of concessions or services to which the scheme applies. 6 Subject to section 94 of this Act, where an operator participating in any such scheme in respect of any services operated by him provides travel concessions in accordance with the scheme for persons travelling on those services, the authority responsible for administration of the scheme or (as the case may be) the authorities so responsible in such proportions respectively as they may agree among themselves shall reimburse that operator for providing those concessions. 7 The persons eligible to receive travel concessions under any such scheme are— a persons who have attained the age of sixty years; b persons whose age does not exceed sixteen years; c persons whose age exceeds sixteen years but does not exceed eighteen years and who are undergoing full-time education; d persons who are blind; e persons who are partially sighted; ea persons who are deaf; eb persons who are without speech; ec persons who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk; ed persons who do not have arms or have long-term loss of the use of both arms; ee persons who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; ef persons who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol; eg any person travelling as the companion of a person who— i is eligible to receive travel concessions by virtue of any other paragraph of this subsection; and ii requires the assistance of a companion in order to travel on journeys on public passenger transport services; f such other classes of persons as the Secretary of State may by order specify. 8 In this section “ local authority ”— a means i a county council in England, ii a council of a non-metropolitan district in England comprised in an area for which there is no county council, iii the council of a county or district in ... Wales or iv a regional or islands council in Scotland; and b includes also, in relation to England and Wales, an Integrated Transport Authority for an integrated transport area , a combined authority and a combined county authority . 9 Unless the context otherwise requires, references in this section and in the provisions of this Part of this Act relating to schemes under this section to the authority or authorities responsible for administration of a scheme under this section are references— a except in a case to which paragraph (b) below applies, to the authority concerned in establishing the scheme or, where two or more authorities are so concerned, to both or all those authorities acting jointly; or b in relation to England and Wales, a metropolitan county passenger transport authority where the authority or one of the authorities concerned in establishing the scheme are an Integrated Transport Authority for an integrated transport area in England and Wales, to the Passenger Transport Executive for that Authority’s area or (as the case may require) to that Executive and the other authority or authorities so concerned acting jointly; or 10 Where an Integrated Transport Authority or a Passenger Transport Authority have established a scheme under this section, whether alone or jointly with any other authority or authorities, they shall notify the Passenger Transport Executive for their area of any proposal to vary the scheme, giving particulars of the proposed variation. Administration of schemes: reimbursement, etc. 94 1 Regulations under this section may make provision with respect to any of the following matters— a the factors to be taken into account by the authority or authorities responsible for administration of a travel concession scheme under section 93 of this Act in determining the aggregate amount that may be made available for the purpose of reimbursing operators participating in the scheme for providing travel concessions during any period; b the determination by the authority or authorities so responsible of the amounts to be paid to individual operators participating in the scheme, or to any class of such operators, by way of reimbursement for providing such concessions; c the manner of making any payments due to operators by way of such reimbursement; d the provisions or descriptions of provisions that are to be or (as the case may be) may or may not be included in arrangements agreed with operators or adopted by the authority or authorities so responsible with respect to participation of operators in the scheme; and e the terms on which and the extent to which the authority or authorities so responsible may employ any person as their agent for the purposes of the administration of the scheme and the descriptions of persons who may be so employed. 2 Subject to any provision of regulations made by virtue of subsection (1)(d) above and to the following provisions of this section, the arrangements with respect to participation of operators in any such scheme shall be such as may from time to time be agreed between the authority or authorities responsible for administration of the scheme and individual operators. 3 Subject to— a any provision of regulations under subsection (1) above; b any modifications that may by virtue of any provision of regulations made by virtue of paragraph (d) of that subsection or in accordance with section 96 of this Act be agreed between the authority or authorities responsible for administration of any such scheme and any individual operator; and c any modifications applied in the case of any individual operator by a direction given under section 98 of this Act; the arrangements with respect to reimbursement and terms of withdrawal from participation in the scheme applicable to operators of eligible services participating in the scheme shall be such as the authority or authorities responsible for administration may from time to time adopt and must be the same in the case of all such operators. 4 For the purposes of the provisions of this Part of this Act relating to schemes under section 93 of this Act, “ eligible service ” means— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . a service using public service vehicles of a class specified in an order made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales). 5 The arrangements currently adopted by the authority or authorities responsible for administration of any such scheme with respect to reimbursement of operators of eligible services participating in the scheme are referred to below in this Part of this Act, in relation to that scheme, as the current reimbursement arrangements for eligible service operators participating in the scheme. 6 In relation to operators participating in any such scheme, references in this section to arrangements with respect to reimbursement are references to conditions of entitlement of such operators to, and the method of determination and manner of payment of, reimbursement in respect of travel concessions provided under the scheme. Publicity requirements for schemes and reimbursement arrangements. 95 1 On or before the date on which a scheme under section 93 of this Act comes into operation or, where it comes into operation on different dates with respect to different concessions to be provided under the scheme, on or before the first of those dates— a the authority or authorities concerned in establishing it shall publish particulars of the scheme; and b the authority or authorities responsible for administration of the scheme shall publish particulars of the current reimbursement arrangements for eligible service operators participating in the scheme as they are to apply on initial establishment of the scheme; in such manner, in either case, as the authority or authorities concerned think fit. 2 Particulars of any subsequent variations shall be published— a in the case of variations of the scheme, by the authority or authorities concerned in establishing the scheme; and b in the case of variations of the arrangements, by the authority or authorities responsible for administration of the scheme. 3 Following publication under subsection (1)(a) or (as the case may be) under subsection (1)(b) above of particulars of any scheme or arrangements— a copies of the scheme or (as the case may be) of the arrangements (with any subsequent variations) shall be made available at the principal office of the authority or (as the case may be) of each authority concerned; and b a copy shall be supplied to any person on request (whether at that office or by post) either free of charge or at a charge representing the cost of providing the copy. 4 Where the authority or any of the authorities concerned in establishing a scheme under section 93 of this Act are an Integrated Transport Authority or a Passenger Transport Authority, they shall notify the Passenger Transport Executive for their area of any proposal to publish particulars of the scheme in advance of its coming into operation, giving the proposed date of publication. Right of eligible service operators to participate in travel concession schemes. 96 1 Subject to the following provisions of this section, where any operator or prospective operator of an eligible service which runs or will run between places within the limits covered by any scheme under section 93 of this Act applies to the authority or authorities responsible for administration of that scheme to be admitted to participate in it in respect of that service, the authority or authorities in question shall be obliged to admit that operator to participation in the scheme in respect of that service as from any standard admission date under the scheme not later than the one next following— a the end of such period as may be prescribed beginning with the date of his application; or b the date on which the service begins; whichever last occurs. 2 The Secretary of State may, on the application of the authority or authorities responsible for administration of any such scheme, exempt the authority or authorities in question from the obligation under subsection (1) above in relation to any service or description of services; and the Secretary of State may at any time withdraw or vary any exemption granted under this subsection. 3 An exemption may not be granted under subsection (2) above on the application of a Passenger Transport Executive, or on the joint application of authorities who include such an Executive, unless the application is made with the consent of the Integrated Transport Authority or, as the case may be, the Passenger Transport Authority for that Executive’s area. 4 Subject to any regulations under section 94(1)(d) of this Act, where it appears to the authority or authorities responsible for administration of any such scheme, in the case of any operator or prospective operator of an eligible service who applies to be admitted to participate in the scheme in respect of that service, that fares currently charged or proposed to be charged by that operator for relevant journeys on that service include a special amenity element, the authority or authorities in question shall not be required by subsection (1) above to admit that operator to participation in the scheme in respect of that service unless that operator agrees to appropriate modifications of the current reimbursement arrangements for eligible service operators participating in the scheme. 5 Subject to any such regulations, where it appears to the authority or authorities responsible for administration of any such scheme, in the case of any operator of an eligible service participating in the scheme, that fares currently charged by that operator for relevant journeys on that service include a special amenity element, the authority or authorities in question may by notice of not less than such period as may be prescribed exclude that operator from participation in the scheme in respect of that service unless before the end of that period that operator agrees to appropriate modifications of the current reimbursement arrangements for eligible service operators participating in the scheme. 6 For the purposes of subsections (4) and (5) above fares for relevant journeys are to be regarded as including a special amenity element if they are significantly high in relation to the general level of fares for comparable journeys in the principal area covered by the scheme (within the meaning of section 93 of this Act). 7 References in those subsections to appropriate modifications of the reimbursement arrangements there mentioned are references to such modifications of those arrangements as the authority or authorities concerned consider appropriate for providing reimbursement in respect of travel concessions provided for relevant journeys on the service in question by reference to the general level of fares mentioned in subsection (6) above instead of by reference to the actual fares charged (or proposed to be charged) for those journeys. 8 For the purposes of this section “ relevant journeys ” are journeys on which travel concessions are to be provided under the scheme in question. 9 For the purposes of this section and section 97 of this Act, references to a prospective operator of an eligible service are references to a person who has registered a local service under section 6 of this Act but is not yet operating that service. Compulsory participation in travel concession schemes. 97 1 Subject to subsection (8) below, where the arrangements currently adopted by the authority or authorities responsible for administration of a scheme under section 93 of this Act with respect to the terms on which operators of eligible services may withdraw from participation in the scheme require such an operator to give notice before withdrawing from the scheme in respect of any such service, any such operator shall be obliged to provide any travel concessions required by the scheme on journeys on any such service in respect of which he is participating in the scheme until he gives the required notice of withdrawal and the period of notice has expired. 2 Subject to the following provisions of this section, the authority or authorities responsible for administration of any such scheme may at any time by notice in writing served on any operator or prospective operator of an eligible service (including an operator already participating in the scheme) impose on him an obligation to provide travel concessions in accordance with the scheme on journeys on any such service operated by that operator to which the notice applies. A notice under this subsection is referred to below in this Part of this Act as a participation notice. 3 The power under subsection (2) above to serve a participation notice shall not be exercisable in relation to any such scheme until after the date (or whichever last occurs of the respective dates) of first publication under secdtion 95 of this Act of particulars of the scheme and of the current reimbursement arrangements for eligible service operators participating in the scheme as they are to apply on initial establishment of the scheme. 4 An obligation imposed by a participation notice shall, subject to subsection (8) below and sections 98 and 99 of this Act, be effective in relation to any service to which the obligation applies as from the appropriate commencement date for that service until the end of such period beginning with that date as may be specified in the participation notice. 5 Subject to subsection (9) below, for the purposes of subsection (4) above the appropriate commencement date for any service to which an obligation imposed by a participation notice applies is— a the date immediately following the end of such period of notice as may be specified in the participation notice; or b the date when the service begins; whichever last occurs. 6 Where it is proposed— a to vary a scheme under section 93 of this Act; or b to vary the current reimbursement arrangements for eligible service operators participating in any such scheme; the authority or authorities responsible for administration of the scheme may, not less than such period before the variation is to take effect as may be prescribed, by notice served on any operator of any such service who is under an obligation under this section to provide travel concessions in accordance with the scheme, require him to indicate, within such period and in such manner as may be prescribed, whether or not he is willing to continue to participate in the scheme after the variation takes effect. 7 Any notice under subsection (6) above shall give particulars of the proposed variation. 8 Where in pursuance of subsection (6) above an operator indicates that he is not willing to continue to participate in the scheme after the variation takes effect, any obligation of that operator under this section to provide travel concessions in accordance with the scheme which was current at the date of the notice under that subsection and would still apart from this subsection be in force on the date when the variation takes effect shall cease on the latter date (without prejudice, however, to the service of a new participation notice). 9 Where a notice is served on an operator under subsection (6) above the preceding provisions of this section shall apply, on and after the date when the variation in question takes effect, in relation to any obligation of that operator under subsection (2) above to provide travel concessions in accordance with the scheme in question which— a was current at the date of the notice; and b does not cease (by virtue of subsection (8) above or otherwise) before the date when that variation takes effect; as if the latter date were the appropriate commencement date for the purposes of subsection (4) above for each service to which the obligation applies. 10 The exercise of the power to serve a participation notice under this section on any person— a by a Passenger Transport Executive; or b by authorities responsible for administration of a scheme under section 93 of this Act who include such an Executive; shall require the consent of the Integrated Transport Authority or, as the case may be, the Passenger Transport Authority for the Executive’s area. Further provisions with respect to participation notices. 98 1 The authority or authorities by whom a participation notice is served on any person shall send to that person, together with the notice, a copy of— a such particulars of the scheme to which the notice relates and of any variations of that scheme; and b such particulars of the current reimbursement arrangements for eligible service operators participating in the scheme and of any variations of those arrangements; as have been published under section 95 of this Act before the date of the notice. 2 Subject to the following provisions of this section, a person on whom a participation notice has been served may apply to the Secretary of State for cancellation or variation of that notice on either or both of the following grounds, that is to say— a that there are special reasons why his participation in the scheme in question in respect of the service or any of the services to which the notice applies would be inappropriate; and b that any provision of the scheme or of any such arrangements as are mentioned in subsection (1)(b) above are inappropriate for application in relation to operators other than operators voluntarily participating in the scheme. 3 Subject to subsection (4) below, an application under subsection (2) above may be made by notice in writing given to the Secretary of State before the end of the period of twenty-eight days beginning with the date of the participation notice. 4 A person may not make such an application unless he has given notice in writing of his intention to do so to the authority or authorities by whom the participation notice was served— a if a period allowed for that purpose is specified in the participation notice, before the end of that period; or b in any other case, at any time before the date of the notice given to the Secretary of State under subsection (3) above. 4A But if the participation notice was served on the person by one or more authorities in England only— a subsection (3) above shall have effect as if for “twenty-eight days beginning with the date of the participation notice” there were substituted “ fifty-six days beginning with the date provided for in relation to the participation notice by virtue of section 97(5)(a) above ” ; and b subsection (4) above shall have effect as if for paragraph (a) there were substituted— a if the person is required by the participation notice to give a prescribed number of days' notice (or, if no number of days is prescribed, seven days' notice), at least that number of days before the date of the notice given to the Secretary of State under subsection (3) above; or . 5 Where on any such application the Secretary of State finds the ground mentioned in subsection (2)(a) above established, he may cancel the participation notice or (as the case may require) vary it by excluding from it any service operated by the applicant in respect of which he considers the applicant’s participation in the scheme would be inappropriate. 6 Where on any such application the Secretary of State finds the ground mentioned in subsection (2)(b) above established, he shall cancel the participation notice unless he considers that a direction under subsection (7) below would meet the case. 7 Where on any such application the Secretary of State does not cancel the participation notice, he may direct that the current arrangements for reimbursement of eligible service operators participating in the scheme shall apply in the case of the applicant or (as the case may require) in the case of any service operated by the applicant to which the participation notice applies with such modifications as may be specified in the direction. 8 If the Secretary of State cancels a participation notice under subsection (6) above he shall give to the authority or authorities by whom the notice was served a notice in writing indicating in what respects the scheme or (as the case may be) the current reimbursement arrangements for eligible service operators participating in the scheme are inappropriate for application in relation to operators other than operators voluntarily participating in the scheme. 9 Any obligation under section 97(2) of this Act which has come into effect before the determination of any application under this section with respect to the participation notice by which that obligation was imposed shall— a cease to have effect, if the notice is cancelled; or b have effect, if the notice is varied, subject to a corresponding variation; on such date as may be specified by the Secretary of State in determining the application. Release from compulsory participation. 99 1 The authority or authorities responsible for administration of a scheme under section 93 of this Act may at any time by notice in writing served on any operator who is under an obligation under section 97(2) of this Act to provide travel concessions in accordance with the scheme on journeys on any eligible service operated by him release him from that obligation in respect of that service. 2 Subject to the following provisions of this section, any such operator may at any time by notice in writing apply to the Secretary of State to be released from that obligation in respect of any such service on the ground that the authority or authorities responsible for administration of the scheme have failed to comply with their obligation under section 93(6) of this Act. 3 An operator may not make such an application unless he has given notice in writing of his intention to do so to the authority or authorities responsible for administration of the scheme not less than twenty-eight days before the date of the application. 4 A notice under subsection (2) or (3) above shall give particulars of any alleged failures of the authority or authorities in question to comply with their obligation under section 93(6) of which the operator complains. 5 On any such application the Secretary of State may, if he finds the applicant’s ground of complaint established, determine that the applicant’s obligation under section 97(2) shall cease on such date as may be specified in the determination. Provisions Supplementary to sections 96 to 99 100 1 Regulations under this section may make provision as to— a the maximum or (as the case may be) minimum period that may for the purposes of any provision of section 97 or 98 of this Act be specified in a participation notice; b the form and contents of participation notices and other notices required for any purposes of sections 96 to 99 of this Act; and c the manner in which any such notice is to be served. 2 Where the Secretary of State cancels or varies a participation notice under section 98 of this Act after the obligation imposed by that notice has come into effect he may award compensation to the applicant under subsection (4) below if it appears to him that the applicant has suffered— a in a case where the notice is cancelled, any loss attributable to his participation in the scheme in question; or b in a case where the notice is varied by excluding from it any service operated by the applicant, any loss attributable to his participation in that scheme in respect of that service. 3 Where on determining an application under section 99 of this Act the Secretary of State finds that the authority or authorities responsible for administration of the scheme in question have failed to comply with their obligation under section 93(6) of this Act, he may award compensation to the applicant under subsection (4) below if it appears to him that the applicant has suffered any loss attributable to that failure. 4 In any case to which subsection (2) or (3) above applies the Secretary of State may by notice in writing require the authority responsible for administration of the scheme in question or (as the case may be) the authorities so responsible in such proportions as may be specified in the notice to pay to the applicant such an amount by way of compensation in respect of the loss there mentioned as may be so specified. 5 The Secretary of State may if he thinks fit appoint a person to determine an application under section 98 or 99 of this Act on his behalf; and references in those sections and in subsections (2) to (4) above to the Secretary of State shall be read as including references to a person so appointed. 6 Regulations under this section may prescribe the procedure to be followed in connection with applications under sections 98 and 99 of this Act and may in particular (but without prejudice to the generality of that) include provision— a as to the conduct of any proceedings held in connection with any such application; and b enabling the Secretary of State to require either the applicant or the authority or authorities responsible for administration of the scheme in question, or both or all of them, to pay such sum as the Secretary of State may determine towards any expenses incurred by him in connection with the determination of the application. 7 Where a requirement under subsection (4) above is imposed on more than one authority, the liability of the authorities concerned to the applicant— a shall extend to the whole of the amount specified in the notice imposing the requirement; and b shall be both joint and several; but if any such authority make any payment, in or towards the discharge of that liability, of an amount exceeding the amount representing any proportion specified in the notice as that authority’s share, that authority shall be entitled to recover an appropriate contribution (determined by reference to the proportions specified in that notice) from the other authority or authorities concerned. 8 Any sums paid to the Secretary of State by virtue of subsection (6)(b) above shall be paid into the Consolidated Fund. Enforcement of participation in travel concession schemes. 101 1 If during any period an operator of any service who is under an obligation under section 97 of this Act to provide travel concessions in accordance with a scheme under section 93 of this Act for persons travelling on that service systematically fails to comply with that obligation he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. 2 Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 3 Where the affairs of a body corporate are managed by its members, subsection (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. 4 Proceedings for an offence under this section shall not, in England and Wales, be instituted except by the authority, or any one of the authorities, responsible for administration of the scheme in question or by or with the consent of the Director of Public Prosecutions (and any such authority who would not apart from this subsection have power to bring such proceedings shall accordingly have that power). Application of Passenger Transport Executive’s financial plan to expenditure on travel concessions under schemes. 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Travel concessions apart from schemes Subsidies for travel concessions. 103 1 The payments provided for under an agreement providing for service subsidies entered into by an authority responsible for expenditure on public passenger transport services may not include payments in respect of the provision of travel concessions except as provided below in this section. 2 Subject to subsection (3) below, provision may be included in any such agreement for the making of payments by the authority in question to the person providing the service to which the agreement relates in respect of the provision of travel concessions on journeys on that service or any part of it for any description of persons eligible in accordance with section 93(7) of this Act to receive travel concessions under a travel concession scheme under that section. 3 Subsection (2) above only applies where the concessions in question are not available, or not available to that description of persons, under any such scheme administered by the authority concerned or by that authority acting jointly with any other authority or authorities or under section 145A(1) or 145B(1) of the Transport Act 2000. Travel concessions on services provided by Passenger Transport Executives. 104 1 A Passenger Transport Executive may not in exercise of their powers under section 10(1)(xiii) of the 1968 Act (power of Passenger Transport Executive to charge for services and waive their charges, etc.) provide travel concessions for persons travelling on any public passenger transport service provided by the Executive otherwise than in accordance with a scheme established under section 93 of this Act or in accordance with section 145A(1) of the Transport Act 2000 , except where those concessions are provided under any agreement or arrangements under which the whole of the cost of providing those concessions is to be met by a person other than that Executive or the Authority for that Executive’s area. 2 The approval of the Authority for an integrated transport area or a passenger transport area under section 15(2) of the 1968 Act (approval of Authority required for alterations by Executive in general level of charges and for reduction or waiver of charges by Executive) shall not be required for travel concessions granted by the Passenger Transport Executive for that area for persons travelling on any public passenger transport service provided by the Executive if those concessions are granted— a in accordance with any scheme established under section 93 of this Act by any authority other than the Authority for that Executive’s area or (as the case may be) by authorities who do not include that Authority ; ... aa in accordance with section 145A(1) of the Transport Act 2000; or b where that Executive’s area is in England and Wales, in pursuance of arrangements made with that Executive — i by any local authority within the meaning of the Care Act 2014 in the discharge of their functions under Part 1 of that Act (meeting needs for care and support), or ii by any local authority within the meaning of the Social Services and Well-being (Wales) Act 2014 in the discharge of their functions under Part 4 of that Act (meeting needs). or correspond to travel concessions under any scheme established under section 93 of this Act by the Authority for that Executive’s area or (as the case may be) by authorities who include that Passenger Transport Authority. 3 For the purposes of subsection (2) above, travel concessions granted by the Executive for an integrated transport area or a passenger transport area on any such service correspond to travel concessions under any such scheme if they are— a of the same value; b available subject to the same terms, limitations or conditions; and c available to persons of the same description; as the travel concessions provided under that scheme. 4 In this section “ Authority ”, in relation to an area, means the Integrated Transport Authority or, as the case may be, the Passenger Transport Authority for that area. Travel concessions on services provided by local authorities. 105 1 Where the council of any county or district in England and Wales or of any local government area in Scotland are operating any public passenger transport service, they shall have power to provide travel concessions for persons travelling on that service in accordance with a scheme established under section 93 of this Act or in accordance with section 145A(1) or 145B(1) of the Transport Act 2000. 2 In respect of travel concessions provided under this section, any such council may, if they think fit, from time to time transfer to the credit of the account of their transport undertaking sums from the general . . . fund or, where that council is the council of any local government area in Scotland, from the general fund (within the meaning of section 93 of the Local Government (Scotland) Act 1973). 2A In subsection (2) above, the reference to the general fund shall be read, in relation to Wales, as a reference to the council fund. 3 Sums so transferred must not exceed the cost to the council concerned of providing the concessions or so much of that cost as would not apart from subsection (2) above fall to be met out of the fund there mentioned. Grants for transport facilities and services Grants for transport facilities and services. 106 1 Any authority to whom this section applies, or any two or more such authorities acting jointly, may make, in such cases and subject to such terms and conditions as they think fit, grants to any other person towards expenditure incurred or to be incurred by that person in providing, maintaining or improving— a any vehicle, equipment or other facilities provided wholly or mainly for the purpose of facilitating travel by members of the public who are disabled; or b any equipment or other facilities specially designed or adapted for that purpose which are incorporated in any vehicle, equipment or other facilities not provided wholly or mainly for that purpose. 2 Subject to subsection (3) below, any such authority, or any two or more such authorities acting jointly, may make, in such cases and subject to such terms and conditions as they think fit, grants to any person providing public passenger transport services towards expenditure incurred or to be incurred by that person for the purpose of— a maintaining or improving facilities for public passenger transport, other than facilities provided wholly or mainly for use for the purpose of or in connection with excepted services; or b facilitating or improving the operation of public passenger transport services, other than excepted services; in the area of that authority or (as the case may be) in the area comprising the areas of both or all those authorities. In this subsection “ excepted services ” means services for the carriage of passengers by road which require a PSV operator’s licence (within the meaning of Part IV of this Act). 3 Subsection (2) above shall not apply in relation to expenditure appearing to the authority or authorities in question to be of a capital nature. 4 This section applies to the following authorities— a any Integrated Transport Authority, Passenger Transport Authority or Passenger Transport Executive; aa any combined authority; ab any combined county authority; b the council of any county or district in England and Wales; c the council of a London borough or the Common Council of the City of London; or d any regional or islands council in Scotland. Grants for bus services. 106A 1 A parish council or community council may make grants to any body towards expenditure incurred or to be incurred by that body in connection with the operation of— a a bus service appearing to the council to be wholly or mainly for the benefit of members of the public who are elderly or disabled; or b a community bus service (as defined in section 22 of this Act). 2 The power in subsection (1) above may only be exercised if— a the bus service benefits, or appears to the council likely to benefit, persons living in the council’s area, and b a permit in relation to the use of the vehicle by means of which the service is, or is to be, provided has been granted to the body concerned under section 19 or 22 of this Act. 3 Grants under this section may be made in such cases and subject to such terms and conditions as the council think fit. Grants for services for disabled people in London Grants by London Regional Transport. 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grants for services in rural areas Grants for establishment, etc., of rural passenger services in Wales and Scotland. 108 1 Subject to the following provisions of this section, the Secretary of State may, with the approval of the Treasury, make in such cases as he thinks fit a grant to any person for the purpose of securing the establishment, continuance or improvement of any public passenger transport service which in the opinion of the Secretary of State is or will be for the benefit of persons residing in any rural area in Wales or Scotland. 2 In the case of any grant under this section for the purpose of securing the continuance of an existing service— a the service must be one which was established with the assistance of a grant under this section; and b the grant must be for securing its continuance during such period from the time when it was first operated as appears to the Secretary of State to be appropriate in the case of that service. 3 In the case of any grant under this section for the purpose of securing the improvement of an existing service the improvement in view must be one which appears to the Secretary of State to involve an innovative approach to the use of vehicles, equipment or other facilities in providing the service. 4 Grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Secretary of State may, with the approval of the Treasury, determine, either generally or in relation to any particular cases or classes of case. Transitional rural bus grants. 109 1 Subject to the following provisions of this section, the Secretary of State may, with the approval of the Treasury, make in such cases as he thinks fit a grant to any person in respect of qualifying mileage run at any time during the period of four years beginning with the date on which this section comes into force by vehicles used by that person in operating a service which at the time in question is a service eligible for grant under this section. 2 A service is eligible for grant under this section at any time when— a it is a service qualifying for fuel duty grant; b it is being operated wholly or partly within a rural area in Great Britain (outside London); and c it meets such other requirements as the Secretary of State thinks fit to impose; and in subsection (1) above “ qualifying mileage ” means, in relation to any vehicle, mileage run by that vehicle within any such rural area. 3 Grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Secretary of State may, with the approval of the Treasury, determine, either generally or in relation to any particular cases or classes of case. Miscellaneous and supplementary Grants towards duty charged on bus fuel. 110 1 In section 92(1) of the Finance Act 1965 (grants to operators of bus services towards duty charged on bus fuel)— a the words “ any bus service ” shall be omitted; and b there shall be inserted at the end the words— a bus service which is of a description specified for the purposes of this section and which meets any conditions which may be specified in relation to that description of service. . 2 For subsection (8) of that section there shall be substituted the following subsections— 8 In this section— “ bus service ” means a local service within the meaning of the Transport Act 1985 other than an excursion or tour within the meaning of that Act, being a service which is either— a registered under Part I of that Act; or b provided under a London local service licence granted under Part II of that Act or exempt by virtue of section 36 of that Act (London bus services under control of London Regional Transport) from the requirement of a London local service licence; “ operator ” has the same meaning, in relation to a bus service, as in that Act; and “ specified ” means specified in regulations made by the Secretary of State by statutory instrument. 8A Any statutory instrument containing regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. Unregistered and unreliable local services; reduction of fuel duty grant. 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of Part V. 112 1 In this Part of this Act— a references to authorities responsible for expenditure on public passenger transport services shall be read in accordance with section 88(8) of this Act; b references to service subsidies are references to the payments that fall to be made by any such authority under any agreement providing for service subsidies; c references to the current reimbursement arrangements for eligible service operators participating in any scheme under section 93 of this Act shall be read in accordance with section 94(5) of this Act; d references to a participation notice shall be read in accordance with section 97(2) of this Act; e references to securing the provision of a service include references to securing the provision of a service by way of continuance of an existing service, and references in any other context to the provision of a service are to be read consistently with that; and f “ travel concession ” means the reduction or waiver of a fare either absolutely or subject to terms, limitations or conditions. 2 For the purposes of this Part of this Act, a service is a service qualifying for fuel duty grant at any time when fuel used in operating the service falls to be taken into account for the purpose of calculating grant payable to the operator of the service under section 92 of the Finance Act 1965 (grants to operators of bus services towards duty charged on bus fuel). PART 5A PASSENGERS’ COUNCIL: ROAD PASSENGER TRANSPORT FUNCTIONS IN ENGLAND Introductory 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. Duty to keep road passenger transport services and facilities under review 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. Duty to investigate road passenger transport services and facilities 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. Power to refer matters elsewhere instead of investigating 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; and which would be a domestic coach service, if no account were taken of any London local passengers. Investigations: power to obtain information 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. Investigations: protection of confidential information 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. Investigations: representations 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. Referrals following investigation 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. Referrals in cases where investigation identifies other failings 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. Traffic commissioner’s duty following referral 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. Investigation reports 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. Interpretation of Part 5A 112L 1 In this Part— “domestic coach service” means a bus service which— carries passengers at separate fares; and is 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; or otherwise 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. Part VI Miscellaneous and General Exclusion of requirement to co-ordinate services of public sector transport undertakings Repeal of section 24(3) of the 1968 Act. 113 1 Section 24(3) of the 1968 Act (which imposes on the National Bus Company, the Railways Board and the Scottish Transport Group a duty to co-operate with one another for the purpose of co-ordinating the passenger transport services provided respectively by them or by their subsidiaries) shall cease to have effect. 2 In subsection (4) of that section, for the words “Subsections (2) and (3)” there shall be substituted the words “Subsection (2)”. Competition law: bus services and bus stations Monopoly references with respect to bus services. 114 1 In section 11 of the Competition Act 1980 (references of public bodies and certain other persons subject to statutory controls to the Monopolies and Mergers Commission), in subsection (3) (which lists the persons who may be the subject of such a reference)— a for paragraph (b) (any person not within paragraph (a) providing a bus service within the meaning of certain enactments) there shall be substituted the following paragraph— b any person (not falling within paragraph (a) above) who provides in Northern Ireland a bus service within the meaning of section 14 of the Finance Act (Northern Ireland) 1966; or ; and b in paragraph (bb), for the words “last-mentioned Act” there shall be substituted the words “ London Regional Transport Act 1984”. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Reconstitution of the Transport Tribunal Reconstitution of the Transport Tribunal. 117 1 The number of members of the Transport Tribunal shall no longer be subject to any limit; and the tribunal shall no longer be required to sit in two divisions. 2 Schedule 4 to this Act shall have effect (in place of the existing law) with respect to the constitution, powers and proceedings of the tribunal ; and that Schedule also makes provision in relation to appeals to the First-tier Tribunal or the Upper Tribunal under enactments relating to transport (see paragraphs 17 and 18) . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Road passenger transport services in place of railway services Railways Board’s road passenger transport services. 118 1 After section 4 of the 1962 Act (Railways Board’s road services) there shall be inserted the following section— Railways Board’s road passenger transport services. 4A 1 Subject to this section, the Railways Board shall have power to secure the provision by other persons of services for the carriage of passengers by road where a railway service has been temporarily interrupted, or has been discontinued. 2 The route (and stopping places) of any such service provided where a railway service has been discontinued need not correspond precisely with the route of the discontinued service (even where it is practicable to do so), so long as the service so provided broadly corresponds with the discontinued service, in terms of the localities it serves. 3 Subsection (2) above is not to be taken as prejudicing the power of the Board under subsection (1) above to secure the provision of a service which deviates in any respect from the route of a railway service which has been interrupted or discontinued where it is not practicable for a service by road to correspond precisely to the railway service in question. 4 Before entering into any agreement in pursuance of subsection (1) above for the provision by any other person of a service for the carriage of passengers by road in a case where a railway service has been discontinued, the Board shall invite other persons to submit tenders to provide that service for such period and on such basis as may be specified in the invitation to tender. 5 Subsection (4) above shall not apply in relation to an agreement for the provision of such a service on a temporary basis in a case where a service for the carriage of passengers by road provided under an agreement entered into by the Board in pursuance of subsection (1) above has been temporarily interrupted. 6 Nothing in subsection (4) above shall be read as requiring the Board to accept any tender submitted in response to an invitation to tender issued under that subsection. 7 The Railways Board may not under this section secure the provision by any person of a service for the carriage of passengers by road provided otherwise than by means of public service vehicles or licensed taxis. 8 The Railways Board may not themselves directly provide services for the carriage of passengers by road. 9 In this section— a “ licensed taxi ” means— i in England and Wales, a vehicle licensed under section 37 of the Town Police Clauses Act 1847 or section 6 of the Metropolitan Public Carriage Act 1869 or under any similar enactment; and ii in Scotland, a taxi licensed under section 10 of the Civic Government (Scotland) Act 1982; and b “ stopping place ” means a point at which passengers are taken up or set down in the course of the service in question. 2 Section 4 of the 1962 Act shall cease to apply in relation to services for the carriage of passengers by road; and, accordingly, in that section— a in subsection (1)— i in paragraph (a), sub-paragraph (iii) and the words “ and passengers ” shall be omitted; and ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b subsection (5) (nothing in that section to authorise Board to use hackney carriages plying or standing for hire) shall be omitted; and c in subsection (6) (exclusion of Board’s power to provide road transport services apart from that section) the words “ or passengers ” shall be omitted. Bus substitution services and bus service conditions. 119 1 This section applies where the Secretary of State imposes a condition requiring the Railways Board to secure the provision of an alternative service for the carriage of passengers by road— a under section 54(5) of the 1968 Act, in giving his consent to the discontinuance by the Board of all railway passenger services from any station or on any line (referred to below in this section as a closure); or b under section 122 of this Act, in revoking any previous condition to that effect (whether imposed as mentioned in paragraph (a) above or imposed under section 122); and any such service required by a condition so imposed is referred to below in this Act as a bus substitution service. 2 In any such case the Board shall secure the provision of the bus substitution service in exercise of their powers under section 4A of the 1962 Act (provision of road passenger transport services where a railway service has been interrupted or discontinued); and subsection (2) of that section (which makes provision with respect to the route and stopping places of any service provided on discontinuance of a railway service) shall be subject to the condition requiring the bus substitution service and to any other condition imposed by the Secretary of State in connection with the closure or (as the case may be) under section 122 of this Act with respect to the operation of that service. 3 The Passenger Transport Executive for any passenger transport area may enter into agreements with the Railways Board under which the Executive make payments to the Board in respect of the cost incurred by the Board in securing the provision of any bus substitution service between places in the Executive’s area or between such places and places outside that area but within the permitted distance for the purposes of section 10(1)(ii) of the 1968 Act as it applies to that Executive (that is to say, twenty-five miles from the nearest point on the boundary of that area). 4 The Secretary of State may not vary or revoke any condition imposed by him as mentioned in subsection (1)(a) or (b) above with respect to the provision or operation of a bus substitution service (referred to below in this Act as a bus service condition) except as provided below in this section. 5 A bus service condition requiring the Board to secure the provision of a bus substitution service may not be— a revoked; or b varied so as to permit the Board to withdraw the service from any locality or point for the time being specified in the condition as a locality or point the service is required to serve; except in accordance with the procedure provided by sections 120 to 122 of this Act (which corresponds, with certain modifications, to the procedure applicable under section 56 of the 1962 Act in relation to a closure); but, subject to that, a bus service condition may at any time be varied or revoked by the Secretary of State. Notice of withdrawal of bus substitution service. 120 1 Where the Railways Board propose— a to seek revocation of a bus service condition requiring them to secure the provision of a bus substitution service; or b to seek variation of such a condition so as to permit them to withdraw any such service from any locality or point for the time being specified in the condition as a locality or point the service is required to serve; they shall, not less than six weeks before the date they propose for the withdrawal of the service or (as the case may be) for the withdrawal of the service from that locality or point (referred to below in this Act as the withdrawal of service) publish in two successive weeks in two local newspapers circulating in the area affected, and in such other manner as appears to them appropriate, a notice complying with subsection (2) below. 2 The notice shall— a give the date proposed by the Board for the withdrawal of service and particulars of the proposed withdrawal, of any alternative services which it appears to the Board will be available and of any proposals of the Board for securing the provision of alternative services or augmenting any available alternative services; and b state that objections to the revocation or (as the case may be) to the variation of the bus service condition may be lodged in accordance with this section within six weeks of a date specified in the notice. 3 The date so specified shall be the date on which the notice is last published in a local newspaper as required by subsection (1) above. 4 Copies of the notice published under subsection (1) above shall be sent to the appropriate Area Committee. 5 Where the proposed withdrawal of service relates to a service or part of a service which is subsidised by the Passenger Transport Executive for any passenger transport area under any agreement made with the Railways Board by virtue of section 119(3) of this Act, the Board shall not publish a notice with respect to the proposed withdrawal under subsection (1) above without the consent of the Executive to its publication. 6 If in any such case the Board publish such a notice before obtaining that consent, the notice shall be of no effect unless before the end of the period fixed by the notice for objecting to the revocation or variation of the relevant bus service condition either— a the Executive have informed the Board in writing that they consent to the publication; or b the Secretary of State, on an application made for the purpose by the Board (whether before or after the publication of the notice) and after offering the Executive what the Secretary of State considers a reasonable opportunity to make any representations, has directed that the notice shall have effect notwithstanding that the Executive have not consented to its publication. 7 Where in the case of any proposed withdrawal of service subsection (5) above does not apply but any locality or point affected by the proposed withdrawal is situated in a passenger transport area, the Railways Board shall send to the Passenger Transport Executive for that area a copy of the notice published by them under subsection (1) above. Objections to withdrawal of bus substitution service. 121 1 Where a notice has been published by the Railways Board under section 120(1) of this Act, any user of any service affected and any body representing such users may within the period specified in the notice lodge with the appropriate Area Committee an objection in writing. 2 Where such an objection is lodged the committee shall immediately inform the Secretary of State and the Board. 3 A committee with whom an objection has been lodged under subsection (1) above shall consider the objection and any representations made by the Board and report to the Secretary of State as soon as possible on the hardship, if any, which they consider will be caused by the proposed withdrawal of service, and the report may contain proposals for alleviating that hardship. 4 The Secretary of State may require a further report from any committee making a report to him under subsection (3) above. 5 Copies of every report under subsection (3) or (4) above shall be sent to the Central Committee and to the Board. 6 Where, in the case of any withdrawal of service to which section 120(5) or (7) of this Act applies, notice of the withdrawal has been published under subsection (1) of that section, the Executive concerned may, within the period specified in the notice for objecting to the withdrawal, lodge with the Secretary of State a statement in writing that they oppose the withdrawal and of their reasons for opposing it. The fact that the Executive concerned gave their consent to the publication of the notice shall not affect their right under this subsection to oppose the withdrawal of service. 7 Where the Executive for any passenger transport area lodge such a statement with the Secretary of State they shall send a copy of that statement to the Board. 8 References above in this section to a notice published under section 120(1) of this Act do not include a notice which under subsection (6) of that section is of no effect. Revocation or variation of bus service conditions. 122 1 Subject to subsection (2) below, where an objection to a proposed withdrawal of service is lodged under section 121 of this Act, the Secretary of State shall not revoke or (as the case may be) vary the bus service condition in question until he has received from the appropriate Area Committee the report required by subsection (3) of that section and any further report required by him under subsection (4) of that section. 2 If in any case the Secretary of State considers that any such report has been unreasonably delayed he may, after consulting the committee concerned and making such enquiries as he thinks fit, revoke or vary the condition without waiting for the report. 3 Where a statement opposing the proposed withdrawal is lodged by the Executive for a passenger transport area under section 121 of this Act, the Secretary of State shall have regard to that statement in determining whether to revoke or vary the bus service condition in question. 4 In any case within subsection (1) or (3) above the Secretary of State shall have regard, in determining whether to revoke or vary the bus service condition in question, to any matters which for the time being appear to him to be relevant, including any social or economic considerations, and shall not revoke or vary the condition in accordance with the Board’s proposals— a unless he is satisfied that a reasonable opportunity has been afforded for the making to him of representations with respect to the proposed withdrawal of service by or on behalf of employees of the Board affected by that withdrawal; or b before he has considered any representations made while that opportunity remains available which he is satisfied are either made by such employees or made on behalf of such employees by an organisation appearing to him to represent such employees. 5 The reference in subsection (4)(a) above to employees of the Board affected by the withdrawal of service is a reference to persons who are employed by the Board for the purposes of, or in connection with, the service in question and who appear to the Secretary of State to be likely to be directly affected by the withdrawal of service. 6 In any case other than one within subsection (1) or (3) above the Secretary of State shall revoke or vary the bus service condition in question in accordance with the Board’s proposals if he is satisfied that adequate notice of those proposals was given in the notice published under section 120(1) of this Act in relation to the proposed withdrawal of service. 7 Where in any case within subsection (1) or (3) above the Secretary of State revokes a bus service condition— a he may do so subject to such conditions as he thinks fit, including a condition requiring the Railways Board to secure the provision of an alternative service for the carriage of passengers by road; and b he may from time to time give such directions to the Board as he thinks fit in connection with the withdrawal of the bus substitution service required by that condition; and, subject to section 119(4) of this Act, a condition imposed under paragraph (a) above may at any time be varied or revoked by the Secretary of State. Supplementary and consequential provisions. 123 1 For the purposes of sections 120 to 122 of this Act and this section— a “ Area Committee ” means an Area Transport Users Consultative Committee established under section 56 of the 1962 Act or, in relation to the London area, the London Transport Users’ Committee ; b the appropriate Area Committee is the Area Committee for the area in which any locality or point affected by the proposed withdrawal of service is situated; and c “ the Central Committee ” means the Central Transport Consultative Committee for Great Britain established under section 56 of the 1962 Act. In paragraph (a) above “ the London area ” means the area for which for the time being the London Transport Users’ Committee is the Rail Users’ Consultative Committee by virtue of section 2(9) of the Railways Act 1993. . 2 Where objections with respect to any proposed withdrawal of service have been lodged with more than one Area Committee, the committees in question— a may report to the Secretary of State jointly under section 121 of this Act; or b may agree that the consideration of objections and representations relating to the withdrawal and the making of a report to the Secretary of State shall be delegated to any of those committees appearing to them to be principally concerned; and references in sections 121 and 122 of this Act to a committee and to the appropriate Area Committee shall be read accordingly. 3 Section 54(1) of the 1962 Act (advance information about railway and shipping closures) shall apply in relation to plans of the Railways Board for withdrawals of services (in the event of securing the necessary revocation or variation of the relevant bus service conditions) as it applies in relation to the Board’s plans for closures. 4 The duty of the Central Committee and of each Area Committee (other than the London Regional Passengers’ Committee) under section 56(4) of the 1962 Act (duty to consider and make recommendations with respect to certain matters) shall apply to any matter affecting bus substitution services as it applies to any matter affecting the services and facilities provided by the Railways Board. 5 References in sections 40 and 41 of the London Regional Transport Act 1984 (which deal with the functions of the London Regional Passengers’ Committee) to services and facilities provided by the Railways Board or any subsidiary of theirs shall include references to bus substitution services. 6 Nothing in section 56(4) of the 1962 Act or section 40(4) of the London Regional Transport Act 1984, as it has effect by virtue of subsection (4) or (5) above in relation to matters affecting bus substitution services, shall entitle any committee to consider the charges made for any bus substitution service, or to consider any question relating to a withdrawal of service except as provided by section 121 of this Act. 7 Section 56(13) of the 1962 Act (public hearings) shall apply in relation to hearings for the purposes of section 121(3) of this Act as it applies in relation to hearings for the purposes of subsection (9) of section 56 (objections to closures). 8 In section 54(5) of the 1968 Act (power of Secretary of State to impose conditions in consenting to a closure)— a at the beginning of paragraph (b) there shall be inserted the words “subject to section 119(4) of the Transport Act 1985”; b in paragraph (c), for the words from “as to the provision” to the end of the paragraph there shall be substituted the words “requiring the Railways Board to provide or (as the case may be) secure the provision of alternative services; and”; c in paragraph (d), the words from “and to the Bus Company” to “ Scottish Group ” shall be omitted; and d in the words following paragraph (d), the words from “or, where” to “jointly” and the words from “or, as the case may be” to the end shall be omitted. 9 Subsection (6) of that section shall be omitted, and in subsection (7), for the words “subsections (5) and (6)” there shall be substituted the words “subsection (5)”. 10 In this section “ closure ” has the same meaning as in section 119 of this Act. Reimbursement of Board’s expenses in securing bus substitution services. 124 1 The Secretary of State may in respect of any period make grants to the Railways Board of such amounts as appear to him to be requisite for reimbursing the Board in respect of the net costs during that period of securing the provision of bus substitution services. 2 The amount of those costs during any period shall be taken to be an amount equal to the difference between— a the reduction in financial burden of the Board; and b the reduction in revenue of the Board; if the Board were not to secure the provision of those services during that period. 3 Grants under this section require the approval of the Treasury and may be made subject to such conditions as the Secretary of State may, with the approval of the Treasury, think fit. The Disabled Persons Transport Advisory Committee The Disabled Persons Transport Advisory Committee and Secretary of State’s Guidance. 125 1 There shall be established in accordance with this section a body to be known as the Disabled Persons Transport Advisory Committee. 2 The Committee shall consist of— a a chairman appointed by the Secretary of State; and b not less than ten, nor more than twenty, other members appointed by the Secretary of State after consultation with such bodies as appear to him to be representative of the interests of persons likely to be significantly concerned with matters within the competence of the Committee. 3 The Secretary of State shall, so far as is reasonably practicable, secure that at all times at least half of the membership of the Committee consists of persons who are disabled. 4 The Secretary of State may appoint one or more members of the Committee to be deputy chairman or (as the case may be) deputy chairmen of the Committee. 5 It shall be the duty of the Committee to consider any matter, relating to the needs of disabled persons in connection with public passenger transport, which is referred to them by the Secretary of State or which they think it appropriate to consider without such a reference and to give such advice to the Secretary of State on any matter which they have considered as they think appropriate. 6 The Committee shall make an annual report to the Secretary of State, who shall lay a copy of it before each House of Parliament. 7 The Secretary of State shall from time to time issue guidance as to measures that may be taken with a view to— a making access to vehicles used in the provision of public passenger transport services by road easier for disabled persons; and b making such vehicles better adapted to the needs of disabled persons. 8 The Secretary of State shall consult the Committee before issuing any such guidance. 9 Schedule 5 to this Act shall have effect with respect to the Committee. The Public Transport Users' Committee for England 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. Functions of the Committee 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. Power to confer functions in relation to the Committee 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. Provisions supplementary to Parts I and II Application of sections 52 and 56 of the 1981 Act. 126 1 The power under section 52(1) of the 1981 Act (fees for grant of licences, etc.) to prescribe fees chargeable by traffic commissioners shall apply in relation to fees so chargeable in respect of— a applications for the registration of services under section 6 of this Act and for the variation or cancellation of such registrations; aa the continuation in force of registrations under that section; b the issue of any documents issued in accordance with regulations under that section with respect to registrations under that section; c applications for, and the grant of, permits under section 19 or 22 of this Act; and d applications for, and the grant of, London local service licences. 2 Subsection (2) of that section (power of traffic commissioners to decline to proceed until any fee or instalment of a fee is paid) shall accordingly apply as if subsection (1) above were included in subsection (1) of that section; and for that purpose the references in subsection (2) of that section to licences shall include references to permits. 3 Section 56 of the 1981 Act (records of licences) shall apply in relation to each of the following — a registrations under section 6 of this Act; b traffic regulation conditions determined under section 7 of this Act; bb permits under section 19 or 22 of this Act granted, varied or revoked by a traffic commissioner; bc copies of permits submitted to a traffic commissioner by way of a return made pursuant to an order under section 19(7)(c) of this Act; c London local service licences granted under Part II of this Act; as it applies in relation to licences granted under that Act. Offences and legal proceedings. 127 1 Section 65 of the 1981 Act (forgery and misuse of documents) shall apply to the following documents, namely— a a permit under section 19 or 22 of this Act; and b a London local service licence. 2 Section 66 of that Act (false statements to obtain licence, etc.) shall apply in relation to a false statement for the purpose of obtaining the grant of any such permit or licence as it applies in relation to a false statement for the purposes there mentioned. 3 Section 67 of that Act (penalty for breach of regulations under that Act) shall have effect as if Parts I and II of this Act were contained in that Act. 4 The defence provided by section 68(3) of that Act (that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of an offence under certain provisions of that Act) shall apply in relation to an offence under any of the following provisions of this Act, that is to say, sections 23(5), 30(2), 35(6) and 38(7). 5 The provisions of that Act mentioned in subsection (6) below shall apply in relation to an offence, or (as the case may be) in relation to proceedings for an offence, under Part I or II of this Act as they apply in relation to an offence, or in relation to proceedings for an offence, under Part II of that Act. 6 Those provisions are— section 69 (restriction on institution in England or Wales of proceedings for an offence under Part II); section 70 (duty to give information as to identity of driver in certain cases); section 71 (evidence by certificate in proceedings in England or Wales for an offence under Part II); section 72 (proof in summary proceedings in England or Wales of identity of driver of vehicle); and section 74 (offences under Part II committed by companies). 7 Section 75 of that Act (destination of fines in respect of certain offences committed in Scotland) shall have effect as if Part I of this Act were contained in provisions of that Act preceding section 75. Further supplementary provisions. 128 1 The provisions of the 1981 Act mentioned in subsection (2) below shall have effect as if Parts I and II of this Act were contained in that Act. 2 Those provisions are— sections 76 and 77 (power of Secretary of State to hold inquiries for the purposes of that Act and general provisions as to inquiries so held); and section 85 (nothing in that Act to authorise a nuisance). General supplementary provisions Transfer schemes. 129 1 This section applies to any scheme under section 50(2), 59, 61(9) or 68 of this Act (referred to below in this section as a transfer scheme). 2 A transfer scheme may define the property, rights and liabilities to be transferred by the scheme— a by specifying the property, rights or liabilities in question; or b by referring to all the property, rights and liabilities comprised in the whole or any specified part of the transferor’s undertaking;(or partly in one way and partly in the other) and may contain such supplementary, incidental and consequential provisions as may appear to the authority making the scheme to be necessary or expedient (including in particular, but without prejudice to the generality of that, provision with respect to the consideration to be provided by the transferee for any transfer under the scheme). 3 Subject to the following provisions of this section, Schedule 4 to the 1968 Act (supplementary provisions as to certain transfers of property, rights and liabilities) shall apply to any transfer under section 50(4), 59(7), 61(11) or 68(7) of this Act; and each of those provisions shall have effect subject to the provisions of that Schedule. 4 In Schedule 4 as it applies by virtue of subsection (3) above— a any reference to a transfer by or a vesting by virtue of that Act shall be read as a reference to a transfer by or a vesting by virtue of the transfer scheme in question; and b the reference in paragraph 13(5) to the relevant provisions of that Act shall be read as including a reference to the relevant provisions of this Act. 5 The Secretary of State may by order make modifications in Schedule 4 for the purposes of its application to transfers under section 50(4), 59(7), 61(11) or 68(7) of this Act. Corporation tax and capital gains tax. 130 1 Section 16(1)(a) of the Finance Act 1970 (which excludes precept income and grants in computing the profits of a Passenger Transport Executive chargeable to corporation tax) shall not apply with respect to any accounting period beginning on or after the passing of this Act. 2 In computing for the purposes of the Corporation Tax Acts the profit or loss of a Passenger Transport Executive for any accounting period beginning on or after the passing of this Act, the loss of any earlier accounting period shall be computed as if section 16(1)(a) of the Finance Act 1970 had not been enacted. 3 For the purposes of the Taxation of Chargeable Gains Act 1992 , the transfer under section 59(8) or section 85(4) of this Act of any asset from a Passenger Transport Executive to an Integrated Transport Authority or a Passenger Transport Authority shall be deemed to be for a consideration such that no gain or loss accrues to the Executive; and Schedule 2 to that Act (assets held on 6th April 1965) shall have effect in relation to any asset so transferred as if the acquisition or provision of it by the Executive had been the acquisition or provision of it by the Authority. 4 If, under section 59 of this Act, a company is formed by a Passenger Transport Executive and the shares in or securities of that company are subsequently transferred to a Passenger Transport Authority, section 178 or 179 of the Taxation of Chargeable Gains Act 1992 (deemed disposals of assets for capital gains purposes where member leaves group) shall not have effect as respects any of the assets of the company on its ceasing to be a 75 per cent. subsidiary (within the meaning of the Tax Acts) of the Executive. Stamp duty. 131 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Stamp duty shall not be chargeable— a on any scheme made under section 50(2) of this Act or on any scheme or order made under any provision of Part IV of this Act; or b on any instrument which is certified to the Commissioners of Inland Revenue by the transferring authority or (as the case may be) by both or all the transferring authorities as having been made or executed in pursuance of Schedule 4 to the 1968 Act as it applies by virtue of any provision of this Act in relation to a transfer in pursuance of any such scheme or order; or c on any instrument which is so certified as having been made or executed for the purpose of giving effect to any transfer authorised by section 50(1) or (as the case may be) required under section 59(8) of this Act. 7 No such instrument as is mentioned in subsection (6)(b) or (c) above shall be treated as duly stamped unless it is stamped with the duty to which it would but for subsection (6) above be liable or it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped. Operation of vehicles, etc., by partnerships. 132 Section 58(1) of the 1981 Act (power to modify the provisions of that Act in their application to the operation of vehicles and the provision of services by persons in partnership) shall apply in relation to the provisions of this Act. Functions of Passenger Transport Authorities and Executives Authorities and Executives : supplementary. 133 1 In Part II of the 1968 Act, the references to that Part of that Act or (as the case may be) to that Act mentioned in subsection (2) below shall include references to this Act. 2 Those references are— a the references to that Part of that Act in section 12(2), (3)(d) and (g) (borrowing powers of Executive) and in section 15(5) (expenditure by Authority in performing their functions to be defrayed by Executive); and b the reference to that Act in section 12(5)(b) (which refers to rights of priority in respect of any liability assumed by or transferred to an Executive in pursuance of that Act). Regulations, rules and orders. 134 1 Section 60 of the 1981 Act (general power to make regulations for purposes of that Act) shall have effect as if Parts I and II of this Act were contained in that Act. 2 In that section— a in subsection (1) (which, in effect, provides that all regulations authorised under that Act are to be made under that section) the words from “for any purpose” to “generally” and the words from “and regulations under this section” to the end of the subsection shall be omitted; b the following subsection shall be inserted after subsection (1)— 1A Regulations made under any provision of this Act may make different provision for different cases to which the regulations apply, and may in particular— a make different provision as respects different areas; and b make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances. ; c in subsection (2) (which defines “regulations” as meaning regulations under that section), for the words “under this section” there shall be substituted the words “by the Secretary of State”; and d subsection (3) (which excepts certain provisions of that Act from being included in references to that Act in that section and is unnecessary in view of the amendments made above in this section) shall be omitted. 3 The power to make regulations under that section, as it applies by virtue of this section, shall extend to any of the following matters— a applications for, and the issue of, permits under section 19 or 22 of this Act; and b the issue of copies of such permits in the case of permits lost or destroyed. 4 The Secretary of State may make regulations under this section for the purpose of carrying the provisions of this Act (apart from Parts I and II) into effect. 5 Regulations or rules made under any provision of this Act (other than one contained in Part I or II), and any order made by the Secretary of State under any provision of this Act (including one so contained), may make different provision for different cases to which those regulations or rules or (as the case may be) to which that order applies, and may in particular make different provision as respects different areas. 6 Regulations made by the Welsh Ministers under any of the specified provisions may make different provision for different cases to which the regulations apply, and may in particular— a make different provision as respects different areas; and b make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances. 7 The ““specified provisions”” are— a section 6(2), (3) and (9); b section 6A(11); c section 6B(5) and (7); d section 7(6)(d), (9) and (11); e section 10(5)(c) and (8). 8 An order made by the Welsh Ministers under section 13(1) may make different provision for different cases to which the order applies, and may in particular make different provision as respects different areas. Procedure for making regulations, rules and orders. 135 1 Section 61 of the 1981 Act (procedure for making regulations under that Act) shall have effect as if Parts I and II of this Act were contained in that Act; . . . 1A But section 61(2) of the 1981 Act (consultation with representative organisations) does not apply to regulations made under sections 6ZA(2) or (5), 6ZB(2) or 6ZC(1) of this Act. 2 Any power of the Secretary of State— a to make regulations or rules under any provision of this Act (other than one contained in Part I or II); or b to make an order under any provision of this Act (including one so contained); shall be exercisable by statutory instrument. 3 Subject to subsection (4) subsections (4) and (4A) below, any statutory instrument containing any such regulations, rules or orders shall be subject to annulment in pursuance of a resolution of either House of Parliament. 4 Subsection (3) above does not apply to a statutory instrument containing an order under section 46, 52(5), 53(1), 85 , 125A, 125B, 125C or 140(2) of this Act. 4A Regulations under section 6ZC(1), which make provision of the type mentioned in paragraph (d) of that section, are subject to the affirmative procedure. 5 The power of the Welsh Ministers to make regulations or an order under any of the specified provisions (see subsection (8)) is exercisable by statutory instrument. 6 A statutory instrument containing regulations or an order made by the Welsh Ministers under any of the specified provisions is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 7 The Welsh Ministers must consult such representative organisations as they think fit before making regulations under any of the specified provisions. 8 The ““specified provisions”” are— a section 6(2), (3) and (9); b section 6A(11); c section 6B(5) and (7); d section 7(6)(d), (9) and (11); e section 10(5)(c) and (8); f section 13(1). Directions. 136 1 It shall be the duty of any person to whom the Secretary of State gives directions under this Act to give effect to those directions. 2 Any direction given by the Secretary of State under any provision of this Act (including a direction specifying a period or date for any purposes of Part IV of this Act) may be varied or revoked by a subsequent direction given under that provision. 3 Any direction given by the Secretary of State under this Act shall be in writing. General interpretation. 137 1 In this Act, unless the context otherwise requires— “ the 1962 Act ” means the Transport Act 1962; “ the 1972 Act ” means the Local Government Act 1972; “ the 1968 Act ” means the Transport Act 1968; “ the 1981 Act ” means the Public Passenger Vehicles Act 1981; “ body ” means a body of persons, whether corporate or unincorporate; “ bus service condition ” has the meaning given by section 119(4) of this Act; “ bus substitution service ” has the meaning given by section 119(1) of this Act; “council”, in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “ employees’ share scheme ” means a scheme for encouraging or facilitating the holding of shares or debentures in a company by or for the benefit of— the bona fide employees or former employees of the company or of a subsidiary of the company; or the wives, husbands, widows, widowers or children or step-children under the age of eighteen of such employees or former employees; “ equity share capital ” has the same meaning as in the Companies Acts (see section 548 of the Companies Act 2006) ; “ excursion or tour ” means a service for the carriage of passengers by road at separate fares on which the passengers travel together on a journey, with or without breaks, from one or more places to one or more other places and back; “ functions ” includes powers, duties and obligations; “ interest ” means, in relation to a company’s share capital of any description, a beneficial interest (whether held directly or through nominees or subsidiaries) in that share capital; “ liability ” includes an obligation; “ local service ” has the meaning given by section 2 of this Act; “ London ” means the administrative area of Greater London as for the time being constituted; “ London local service ” has the meaning given by section 34(1) of this Act; “ pension ”, in relation to a person, means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of him, and includes— a gratuity so payable; a return of contributions to a pension fund, with or without interest on or any other addition to those contributions; and any sums payable on or in respect of the death of that person; “ pension rights ” includes, in relation to any person, all forms of right to or eligibility for the present or future payment of a pension, and any expectation of the accruer of a pension under any customary practice, and includes a right of allocation in respect of the present or future payment of a pension; “ prescribed ” means prescribed by regulations; “ public passenger transport services ” has the meaning given by section 63(10)(a) of this Act; “ the Railways Board ” means the British Railways Board established under section 1 of the 1962 Act; “ regulations ” means regulations made by the Secretary of State; “ securities ”, in relation to a body corporate, means any shares, stock, debentures, debenture stock, and any other security of a similar nature, of the body corporate; “ social services functions ” means functions which are social services functions for the purposes of the Local Authority Social Services Act 1970 or the Social Services and Well-being (Wales) Act 2014 ; “ social work functions ” means functions which are social work functions for the purposes of the Social Work (Scotland) Act 1968; . . . “ stopping place ” means, in relation to any service or part of a service, a point at which passengers are (or, in the case of a proposed service, are proposed to be) taken up or set down in the course of that service or part; “ subsidiary ” means, in relation to any body corporate, a body corporate which is a subsidiary of the first-mentioned body corporate within the meaning of section 736 of the Companies Act 1985 as originally enacted (and not as substituted by section 144(1) of the Companies Act 1989); “ traffic area ” means a traffic area constituted for the purposes of the 1981 Act, and section 80 of that Act shall apply to references in this Act to the Metropolitan Traffic Area; . . . “ wholly-owned subsidiary ” means a subsidiary all the securities of which are owned by a body corporate of which it is a subsidiary, or by one or more other wholly-owned subsidiaries of that body, or partly by that body and partly by any wholly-owned subsidiary of that body; and the expressions listed in subsection (2) below have the same meaning as in the 1981 Act. 2 Those expressions are— “company”; “contravention”; “fares”; “modification”; “operator” (in references to the operator of a vehicle); “operating centre”; “PSV operator’s licence”; “public service vehicle”; “road”; “statutory provision”; and “traffic commissioner”. 2A In this Act— a any reference to a county shall be construed in relation to Wales as including a reference to a county borough; b any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and c section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply. 3 References in this Act to a vehicle’s being used for carrying passengers for hire or reward shall be read in accordance with section 1(5) of the 1981 Act. 4 References in this Act to agreements providing for service subsidies shall be read in accordance with section 63(10)(b) of this Act. 5 References in this Act to Integrated Transport Authorities, Passenger Transport Authorities and Passenger Transport Executives and to integrated transport areas and passenger transport areas are references respectively to the Integrated Transport Authorities, Passenger Transport Authorities and Passenger Transport Executives , and to integrated transport areas and passenger transport areas, for the purposes of Part II of the 1968 Act. 5A References in this Act to a combined authority are references to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009. 5B References in this Act to a combined county authority are references to a combined county authority established under section 9 (1) of the Levelling-up and Regeneration Act 2023. 6 References in this Act, in relation to a bus substitution service, to the withdrawal of service shall be read in accordance with section 120(1) of this Act (and references to a withdrawal of service or to withdrawals of service have a corresponding meaning). 7 For the purposes of this Act the operator of a passenger transport service of any description is the person, or each of the persons, providing the service; and for those purposes the operator of a vehicle being used on a road for the carriage of passengers for hire or reward at separate fares shall be taken to be providing the service provided by means of the vehicle unless it is proved that the service is or forms part of a service provided not by himself but by one or more other persons. 8 For the purposes of this Act an interest in a company’s equity share capital is a controlling interest if it subsists in more than half in nominal value of that capital. Expenses and receipts. 138 The following are authorised by this section— a the payment out of money provided by Parliament of any expenditure incurred by the Secretary of State under section 54(4) of or paragraph 7 of Schedule 4 to this Act or in making grants under section 108, 109 or 124 of this Act; b any increase in payments out of money so provided arising from any increase in administrative expenses of the Secretary of State or the expenses of local authorities attributable to the provisions of this Act; and c any increase attributable to this Act in the sums payable into the Consolidated Fund by virtue of section 52(3) or 75 of the 1981 Act (fees received by traffic commissioners and certain fines to be paid into the Consolidated Fund). Transitional provisions, savings, amendments, repeals and revocation. 139 1 This Act shall have effect subject to the transitional provisions and savings set out in Schedule 6 to this Act. 2 The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments specified in that Schedule (which are minor amendments and amendments consequential on the provisions of this Act). 3 The enactments mentioned in Schedule 8 to this Act (which include certain provisions which are already spent) are repealed to the extent specified in the third column of that Schedule. 4 Without prejudice to section 13 of this Act, the Secretary of State may, for the purpose of taking account of any of the provisions of Part I of this Act, by order modify or repeal any provision made by any local Act passed before the commencement of this subsection. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short title, commencement and extent. 140 1 This Act may be cited as the Transport Act 1985. 2 This Act (apart from this section, section 58 of this Act and paragraph 12 of Schedule 6 to this Act) shall come into force on such day or days as the Secretary of State may by order appoint, and different days may be appointed for different purposes (including different purposes of the same provision). 3 An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State necessary or expedient in connection with the provisions brought (wholly or partly) into force by the order. 4 The following provisions of this Act do not extend to Scotland, that is to say— sections 10 and 11; Part II; and section 102. 5 This Act, with the exceptions mentioned in subsection (6) below, does not extend to Northern Ireland. 6 Those exceptions are— section 114(1)(a) and (2); and section 115.