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Transport Act 1968

Type Public General Act
Publication 1968-10-25
Last updated 2024-05-07
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

[^key-56819c5acda245cd7e4fe711cb9ffbb4]: Words in s. 99ZA(1)(a) inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 16(2)(a)

[^key-0236285b6da9f3632e3fd3405d10c434]: Words in s. 103(1) inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 19

[^M_F_49041c04-d83b-4fc3-c61f-017d22180e2c]: Words in s. 99ZB(1) inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 17(2)

[^M_F_ccafc312-8c75-4371-e7c5-640520c95655]: Words in s. 99ZB(4) inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 17(3)

[^M_F_468f1c77-7894-4d44-fdd7-62135160f6d0]: Words in s. 99ZB(5)(a) inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 17(4)

[^M_F_43bb1815-99e9-4789-e102-cfbd326af4bb]: Words in s. 99ZB(5)(a) inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 17(5)

[^M_F_78cbf1b3-a3d8-42ff-f1bf-a7e16f5a71a1]: S. 99ZB(8)(9) substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 17(6)

[^M_F_d171bc92-5e80-4258-9aef-c81659abbbf4]: Words in s. 99ZE(2)(a) substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 18

[^key-4eed957f43b53fcb9d0097dcf2c6e8e1]: Words in s. 98(2A)(a) substituted (24.10.2019) by The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 5

[^key-fdf86f4243bb8d237b17fb71e8277de0]: Words in s. 97(1)(a)(ii) substituted (24.10.2019) by The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 4(2)(b)

[^key-97d0e5beec588c60eea521f9d5b9f8f9]: Words in s. 97(7) inserted (24.10.2019) by The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 4(3)(a)

[^key-2e37e9b7aa4605e2d58ebf8c7e4209e9]: Words in s. 97(7) substituted (24.10.2019) by The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 4(3)(b)

[^key-4c35f3c89a53c7db445e5a7e767b96bf]: Words in s. 97(1)(a)(i) inserted (24.10.2019) by The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 4(2)(a)

[^key-1d49e93a38c52822b9bbac4d77a628ff]: Words in s. 97(1)(a)(iii) substituted (24.10.2019) by The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 4(2)(c)

[^key-94e4ff376fcdbc3803e2392a1cf4dd98]: S. 99ZA(7)(a) substituted (24.10.2019) by The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 6

[^key-c7f82741684ee26218a80bd208c1c0b0]: S. 116 applied (5.11.2020) by The Wear Valley Railway (Transfer) Order 2020 (S.I. 2020/1137), arts. 1, 9(1) (with arts. 6(2), 9(2))

[^key-183ed89c33db752ba272a6aed439a2e5]: S. 117 applied (5.11.2020) by The Wear Valley Railway (Transfer) Order 2020 (S.I. 2020/1137), arts. 1, 9(1) (with arts. 6(2), 9(2))

[^key-cfec4b11bb5259130cc75bcf6559ff37]: S. 118 applied (5.11.2020) by The Wear Valley Railway (Transfer) Order 2020 (S.I. 2020/1137), arts. 1, 9(1) (with arts. 6(2), 9(2))

[^key-852ac95a458b388f40b8a56361dd5995]: Words in s. 103(1) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 40(1)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-72b9fc75638a4bb6983fb965c9fd7889]: Words in s. 103(1) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 40(1)(c) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)

[^key-65fc3329abf9869622d624c6dd3468c9]: Word in s. 103(1) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 40(1)(a)(i) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5a9f82a2f182e5ee56f573adbb9f0115]: Words in s. 103(1) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 40(1)(a)(ii) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d0f27bfd5fc1f8e20eadf2e3a10b9857]: Words in s. 103(1) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 40(1)(a)(iii) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1311d93b176bdbab48175ce6dcceb1d2]: Words in s. 96(11A) inserted (31.12.2020 immediately after the coming into force of S.I. 2019/453, Pts. 3, 4) by The Drivers’ Hours and Tachographs (Amendment) Regulations 2020 (S.I. 2020/1658), regs. 1(3), 4(2)

[^key-2000fe710216c017d641359c2cde47ee]: Words in s. 96(11A) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 33(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e8af016007214024184227945c12b781]: Words in s. 96(13) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 33(b) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d29341069570ad4dff8162564d205f80]: Words in s. 97(7) inserted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 35(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-fff6f7d05885e0a7b7a0b604dbfe1b89]: Words in s. 97(7) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 35(5)(b) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cdd86f19129bfcb568a3943b8d28a8fd]: Words in s. 97(7) inserted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 35(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f2f38c9ec6bfd4303101a6f29ef5d3d1]: Words in s. 97(7) inserted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 35(5)(e); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6c1f2c8d971c9edc533fdc22b574d090]: Words in s. 97(1)(b) inserted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 35(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b60a350f629794349b3abbca56f97c68]: Words in s. 97(4B) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 35(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-60b6dc81f7b460a7da821d102467c9dd]: Words in s. 97(1)(a)(i) inserted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 35(2) (as substituted by S.I. 2019/1379, regs. 1, 8(a); 2020 c. 1, Sch. 5 para. 1(1))

[^key-446cbf8c6d5aa024f60344f473dd8e62]: Words in s. 97ZB(5) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 36(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a5b5316536ae51d71a473ae047cd2619]: Words in s. 97ZB(5) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 36(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6df1bd326bfefc663d2ed0a1d759c005]: Words in s. 97ZB(5) inserted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 36(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-7ae078666348f61162d580968c68e13b]: Words in s. 95(1) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 32(a) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)

[^key-139a66fa3b4a4ee366e6a57e912c9075]: S. 95(1A) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 32(b) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2bfb5c749d00c1931053afbb917f0e13]: Words in s. 98(4)(b) inserted (31.12.2020 immediately after the coming into force of S.I. 2019/453, Pts. 3, 4) by The Drivers’ Hours and Tachographs (Amendment) Regulations 2020 (S.I. 2020/1658), regs. 1(3), 4(3)

[^key-86d9f285828fc677ac517d318f827d81]: Words in s. 98(4)(b) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 37(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-bf5f077a300415ff15d6696f62751148]: Words in s. 96A(1)(a) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 34; 2020 c. 1, Sch. 5 para. 1(1)

[^key-33f097f90322f5308b8cd359ce17c561]: Words in s. 101(3) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 39(a) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3fee190e393e2dda2808eef352dad4a1]: S. 101(3A) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 39(b) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3e51d665930211681e28daec08deb021]: S. 116 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 4 para. 21

[^key-5a7dfd70351dfbfdbdd8cfe3b84e8ab9]: S. 117 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 4 para. 21

[^key-38ba62ef1755e542cdcf6827d6114ca6]: Act modified (E.) (1.4.2023) by The South Yorkshire Passenger Transport Executive (Transfer of Functions) Order 2023 (S.I. 2023/176), arts. 1, 5(3)

[^M_C_0be5a86f-f5a9-4c14-b26b-3b11049165dc]: Sch. 12 Pt. 2 modified (E.W.) by British Waterways Act 1983 (c. ii), s. 11(1)(2), Sch. 2 (with s. 18)

[^key-091f094f344dcf3514bff23cb96624c8]: S. 9(1)(ac)(ad) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(2)(b) (with s. 247)

[^key-4c03ee2eb9a1ce22c66464afedffd7dd]: S. 9(1)(b)(iaa) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(2)(c) (with s. 247)

[^key-d84339621aa69a0a015d21defa8414d4]: Words in s. 9(1)(a)(i) inserted (26.12.2023) (E.W.) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(2)(a) (with s. 247)

[^key-4af299805c27897387a9ba68fa12627f]: Words in s. 9(2) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(3) (with s. 247)

[^key-ca244297b2e16954a5fcabb9ad549505]: Words in s. 9(3) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(4) (with s. 247)

[^key-b12d876443839a4acf8a1e1279a439c3]: Words in s. 9(5) substituted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 8(5) (with s. 247)

[^key-934617771b4b490faf340756f4ee75fd]: Words in s. 9A(7) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 9 (with s. 247)

[^key-5c2458481b129b32766284ae88aae183]: Words in s. 9A(3) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 9 (with s. 247)

[^key-8683c7cb10a6b0616c26a307f9f6e994]: Words in s. 9A(5) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 9 (with s. 247)

[^key-79c1f2ee0855eff4393e5ba567ac00bf]: Words in s. 9A(6)(a) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 9 (with s. 247)

[^key-ec1c4fbcaf062342b617e30c1345c2e3]: Words in s. 9A(6)(b) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 9 (with s. 247)

[^key-5e059a00d79c14d7b4970df8b0ba06ed]: Words in s. 9A(8) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 9 (with s. 247)

[^key-1f620c833441cca89d415cd4192c1755]: Words in s. 10(1) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 10(2) (with s. 247)

[^key-a8985ea69538ff31eedc136f14d735b5]: Words in s. 10(3) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 10(3) (with s. 247)

[^key-643b45c343d04250b91b1fa8e8488c10]: Words in s. 10(5) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 10(4) (with s. 247)

[^key-c4670fe3db5b9ff6ec4a5f93569944b2]: Words in s. 10A(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 11 (with s. 247)

[^key-52fcbb8a9eb36db0eaf722a82be97f37]: Words in s. 12(1) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 12 (with s. 247)

[^key-33f16f552b119cd1d9250b6cfc079d63]: Words in s. 14(1) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 13 (with s. 247)

[^key-c0a04ddde8fc96f7a89d3a4d7f8d8a81]: Words in s. 15(1) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 14(2) (with s. 247)

[^key-12b8e44b196558ebe4d5825827d62a6d]: Words in s. 15(6) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 14(3) (with s. 247)

[^key-556e7a6387501c551180f719116f32dd]: Words in s. 16(1) inserted (E.W.) (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 15 (with s. 247)

[^key-885ba1581ccb28cf995788219762f8ac]: Words in s. 20(2A) inserted (E.W.) (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 16(3) (with s. 247)

[^key-38e3d73d45af538f57f94719dd02601c]: Words in s. 23(1) inserted (E.W) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 17(2) (with s. 247)

[^key-7d804562d97aa222a6129d72158334d0]: Words in s. 23(2) inserted (E.W) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 17(3) (with s. 247)

[^key-73c9b313f272f6e91eb85d12d0004b4c]: Words in s. 23(3) inserted (E.W) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 17(4) (with s. 247)

[^key-d1197c1e9fea6512705121a478e1d19a]: S. 56(6)(bd) inserted (E.W) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 18 (with s. 247)

[^key-90096d3d54c53af3d5c1c5fc39462412]: Words in Sch. 5 Pt. 2 para. 2 inserted (E.W.) (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 19(2) (with s. 247)

[^key-c744de1223cedbb752a2bff44ad2d137]: Words in Sch. 5 Pt. 3 para. 11 inserted (E.W.) (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 19(3) (with s. 247)

[^key-95b78d9450da369ad7489d1832a7754d]: Words in s. 9(1)(b)(ia) omitted (E.W.) (7.5.2024) by virtue of The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), art. 1(3), Sch. 2 para. 1(a) (with art. 9)

[^key-ac2ee199946548d3fea965b938b5cf90]: S. 9(1)(b)(ib) omitted (E.W.) (7.5.2024) by virtue of The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), art. 1(3), Sch. 2 para. 1(b) (with art. 9)

[^key-6f6db156a299d3a53f191e08f93377a9]: S. 9(1)(c)(ie) substituted (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), art. 1(3), Sch. 2 para. 1(c) (with art. 9)

[^key-ee661ab717a5b1837b19058e92699109]: S. 9(6C) omitted (E.W.) (7.5.2024) by virtue of The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), art. 1(3), Sch. 2 para. 1(d) (with art. 9)

[^key-6cd3b216311428595f3eed28e3f32c0a]: S. 9(6D) omitted (E.W.) (7.5.2024) by virtue of The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), art. 1(3), Sch. 2 para. 1(d) (with art. 9)

Maintenance of ... waterways.

Rating.

THE ROAD SAFETY ACT 1967

THE TRANSPORT ACT 1962

Part I.

Aldershot and District Traction Company Limited.

. . .

THE TRANSPORT ACT 1962

Part I.

Aldershot and District Traction Company Limited.

Amalgamated Passenger Transport Limited.

Part I.

99ZA
  • (1) An officer may, on production if so required of his authority, require any person to produce, and permit him to inspect, remove, retain and copy—
  • (a) if that person is the owner of a vehicle to which section 97 or 97ZA applies, any document of that person which the officer may reasonably require to inspect for the purpose of ascertaining whether the provisions of this Part of this Act have been complied with;
  • (b) any record sheet or hard copy of electronically stored data which that person is required by the EU Tachographs Regulation or the AETR to retain or to be able to produce;
  • (c) any book, register or other document required by the applicable Community Rules or which the officer may reasonably require to inspect for the purpose of ascertaining whether the requirements of the applicable Community rules have been complied with.
  • (2) An officer may, on production if so required of his authority, require any person—
  • (a) to produce and permit him to inspect any driver card which that person is required by Article 36 of the EU Tachographs Regulation or Article 12(7)(a) or (b) of the Annex to the AETR to be able to produce; and
  • (b) to permit the officer to copy the data stored on the driver card (and to remove temporarily the driver card for the purpose of doing so) and to remove and retain the copy.
  • (3) If the officer so requires by notice in writing, anything that a person is required to produce under subsection (1) or (2) of this section shall, instead of being produced when the requirement under those subsections is imposed, be produced at an address specified in the notice, within such time (not being less than ten days) from the service of the notice as is so specified.
  • (4) Where a notice is served under subsection (3) of this section, the officer may exercise his powers under this section at the place specified in the notice.
  • (5) In this Part of this Act any reference to copying data stored on a driver card or on digital recording equipment includes a reference to making a hard copy or an electronic copy of the data (and any reference to copies of data shall be construed accordingly).
  • (6) In this Part of this Act—
  • “digital recording equipment” means recording equipment that complies with the relevant provision;
  • “driver card” has the meaning given by the relevant provision;
  • “electronic copy” of data means a copy of data stored electronically together with the data’s digital signature (within the meaning of the relevant provision);
  • “hard copy” in relation to data stored electronically means a printed out version of the data.
  • (7) In subsection (6) “relevant provision” means—
  • (a) in relation to a vehicle to which section 97 applies—
  • (i) where the vehicle was put into service for the first time before the date on which the Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 come into force—
  • (bb) Annex 1C to Commission Implementing Regulation (EU) 2016/799; and
  • (ii) where the vehicle was put into service for the first time on or after the date on which the Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 come into force, Annex 1C to Commission Implementing Regulation (EU) 2016/799;
  • (b) in relation to a vehicle to which section 97ZA applies, Appendix 1B to the Annex to the AETR.
99ZB

Power of entry

  • (1) An officer may, on production if so required of his authority, at any time enter any vehicle to which section 97 or 97ZA of this Act applies in order to inspect that vehicle and any recording equipment in or on it.
  • (2) Where any officer enters any vehicle under subsection (1) of this section he may—
  • (a) inspect, remove, retain and copy any record sheet that he finds there on which a record has been produced by means of analogue recording equipment or on which an entry has been made;
  • (b) inspect, remove, retain and copy any hard copy of data that he finds there which was stored on any digital recording equipment or on a driver card;
  • (c) inspect, remove, retain and copy any other document that he finds there which the officer may reasonably require to inspect for the purpose of ascertaining whether the requirements of the applicable Community rules have been complied with;
  • (d) inspect any driver card that he finds there, copy the data stored on it (using any digital recording equipment in or on the vehicle or temporarily removing the driver card for the purpose of copying the data) and remove and retain the copy;
  • (e) copy data stored on any digital recording equipment that is in or on the vehicle and remove and retain that copy;
  • (f) inspect any recording equipment that is in or on the vehicle and, if necessary for the purposes of the inspection, remove it from the vehicle;
  • (g) retain the recording equipment as evidence if he finds that it has been interfered with;
  • (h) inspect the vehicle for the purpose of ascertaining whether there is in or on the vehicle any device which is capable of interfering with the proper operation of any recording equipment in or on the vehicle;
  • (i) inspect anything in or on the vehicle which he believes is such a device and, if necessary for the purpose of the inspection, remove it from the vehicle;
  • (j) retain the device as evidence if he finds that it is capable of interfering with the proper operation of the recording equipment.
  • (3) Where any officer who is an examiner appointed under section 66A of the Road Traffic Act 1988, or any constable, enters any vehicle under subsection (1) of this section, he may, if he has reason to believe that—
  • (a) any recording equipment in or on the vehicle has been interfered with so as to affect its proper operation, or
  • (b) there is in or on the vehicle any device which is capable of interfering with the proper operation of any recording equipment in or on the vehicle,

require the driver or operator of the vehicle to take it to an address specified by the officer or constable for the purposes of enabling an inspection of the recording equipment, the vehicle or any device in or on it to be carried out.

  • (4) An officer may, on production if so required of his authority, at any time which is reasonable having regard to the circumstances of the case, enter any premises on which he has reason to believe that—
  • (a) a vehicle to which section 97 or 97ZA of this Act applies is kept;
  • (b) any such document as is mentioned in section 99ZA(1) of this Act is to be found;
  • (c) any driver card or copy of data previously stored on a driver card or on recording equipment is to be found; or
  • (d) any digital recording equipment is to be found.
  • (5) Where any officer enters any premises under subsection (4) of this section he may—
  • (a) inspect any vehicle which he finds there and to which section 97 or 97ZA of this Act applies;
  • (b) inspect, remove, retain and copy any such document as is mentioned in section 99ZA(1) of this Act that he finds there;
  • (c) make a copy of any such copy of data as is mentioned in subsection (4)(c) of this section that he finds there, and remove and retain the copies he makes;
  • (d) inspect any driver card that he finds there, copy the data stored on it (using any digital recording equipment on the premises or temporarily removing the driver card for the purpose of copying the data) and remove and retain the copy;
  • (e) copy data stored on any digital recording equipment that he finds there and remove and retain that copy;
  • (f) inspect any recording equipment that he finds there and, if necessary for the purposes of inspection, remove it from the premises;
  • (g) retain any such recording equipment as evidence if he finds that it has been interfered with;
  • (h) inspect anything that he finds there which he believes is a device capable of interfering with the proper operation of any recording equipment and, if necessary for the purpose of the inspection, remove it from the premises;
  • (i) retain any such device as evidence if he finds that it is capable of interfering with the proper operation of recording equipment.
  • (6) For the purposes of–
  • (a) exercising any of his powers under this section in relation to a vehicle or anything found in or on a vehicle, or
  • (b) exercising any of his powers under section 99ZA(1) or (2) of this Act in respect of a document or driver card carried by the driver of a vehicle,

an officer may detain the vehicle during such time as is required for the exercise of that power.

  • (7) If—
  • (a) at the time when a requirement is imposed under subsection (3) of this section the vehicle is more than five miles from the address specified by the officer or constable to which the vehicle is to be taken; and
  • (b) the relevant instrument is found not to have been contravened in relation to the recording equipment, the vehicle or any device in or on it;

the relevant person must pay, in respect of loss occasioned, such amount as in default of agreement may be determined by a single arbitrator (in Scotland, arbiter) agreed upon by the parties or, in default of agreement, appointed by the Secretary of State.

  • (8) In subsection (7) of this section—
  • “relevant person” means—if the requirement was imposed by an examiner appointed under section 66A of the Road Traffic Act 1988, the Secretary of State;if the requirement was imposed by a constable, the chief officer of police for the police area in which the requirement was imposed;
  • “relevant instrument” means—in relation to a vehicle to which section 97 applies, the EU Tachographs Regulation;in relation to a vehicle to which section 97ZA applies, the AETR.
  • (9) In this Part of this Act, “analogue recording equipment” means—
  • (a) in relation to a vehicle to which section 97 applies, recording equipment that complies with Annex I to the EU Tachographs Regulation;
  • (b) in relation to a vehicle to which section 97ZA applies, recording equipment that complies with Appendix 1 to Annex 1 to the AETR.
99ZC

Sections 99ZA and 99ZB: supplementary

  • (1) Where an officer makes any hard copy of data stored on a driver card or on recording equipment under section 99ZA or 99ZB of this Act he may require a person to sign the hard copy (if necessary with manual corrections) to confirm that it is a true and complete record of his activities during the period covered by it.
  • (2) Any record sheet, book, register, other document or any electronic copy of data that is retained by an officer under section 99ZA or 99ZB of this Act may only be retained—
  • (a) for six months; and
  • (b) if it is required as evidence in any proceedings, any further period during which it is so required.
  • (3) In sections 99ZA and 99ZB of this Act references to the inspection and copying of any record produced by means of equipment in or on a vehicle include references to the application to the record of any process for eliciting the information recorded by it and to taking down the information elicited from it.
99ZD

Offence of failing to comply with requirements or obstructing an officer

  • (1) A person commits an offence if he—
  • (a) fails without reasonable excuse to comply with any requirement imposed on him by an officer under any of sections 99ZA to 99ZC of this Act; or
  • (b) obstructs an officer in the exercise of his powers under section 99ZB or 99ZF of this Act.
  • (2) A person guilty of an offence under subsection (1) of this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
99ZE

Offences: false records and data etc.

  • (1) A person commits an offence—
  • (a) if he makes, or causes or permits to be made, a relevant record or entry which he knows to be false;
  • (b) if, with intent to deceive, he alters, or causes or permits to be altered, a relevant record or entry;
  • (c) if he destroys or suppresses, or causes or permits to be destroyed or suppressed, a relevant record or entry; or
  • (d) if he fails without reasonable excuse to make a relevant record or entry, or causes or permits such a failure.
  • (2) For the purposes of subsection (1) of this section a “relevant record or entry” is—
  • (a) any record or entry required to be made by or for the purposes of the EU Tachographs Regulation , the AETR or section 97 or 97ZA of this Act; or
  • (b) any entry in a book, register or document kept or carried for the purposes of the applicable Community rules.
  • (3) A person commits an offence—
  • (a) if he records or causes or permits to be recorded any data which he knows to be false on recording equipment or on a driver card;
  • (b) if he records or causes or permits to be recorded any data which he knows to be false on any hard copy of data previously stored on recording equipment or on a driver card;
  • (c) if, with intent to deceive, he alters, or causes or permits to be altered, any data stored on recording equipment or on a driver card or appearing on any copy of data previously so stored;
  • (d) if, with intent to deceive, he produces anything falsely purporting to be a hard copy of data stored on recording equipment or on a driver card;
  • (e) if he destroys or suppresses, or causes or permits to be destroyed or suppressed, any data stored in compliance with the requirements of the applicable Community rules on recording equipment or on a driver card; or
  • (f) if he fails without reasonable excuse to record any data on recording equipment or on a driver card, or causes or permits such a failure.
  • (4) A person guilty of an offence under subsection (1) or (3) of this section consisting otherwise than in permitting an act or omission is liable—
  • (a) on summary conviction, to a fine not exceeding the statutory maximum; or
  • (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
  • (5) A person guilty of an offence under subsection (1) or (3) of this section consisting in permitting an act or omission is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
  • (6) A person commits an offence if he produces, distributes, installs, advertises or sells any device—
  • (a) that is designed to interfere with the proper operation of any recording equipment, or
  • (b) that is designed to enable the falsification, alteration, destruction or suppression of data stored in compliance with requirements of the applicable Community Rules on any recording equipment or driver’s card.
  • (7) A person commits an offence if without reasonable excuse he provides information which would assist other persons in producing any such device.
  • (8) A person shall not be liable to be convicted under subsection (6) or (7) of this section if he proves to the court that he produced, supplied or installed the device, or provided information to assist a person in producing a device, for use in connection with the enforcement of the provisions of this Part of this Act.
  • (9) A person guilty of an offence under subsection (6) or (7) of this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
  • (10) For the purposes of this section, a person shall be taken to permit an act or omission if he is, or ought reasonably to be, aware of the act or omission, or of it being a likelihood, and takes no steps to prevent it.
99ZF

Power to seize documents

  • (1) If an officer has reason to believe that an offence under section 99ZE of this Act has been committed in respect of any document inspected by him under section 99ZA or 99ZB of this Act, he may seize that document.
  • (2) Where a document is so seized, a magistrates' court shall, on an application made for the purpose by that person or by an officer, make such order respecting the disposal of the document and award such costs as the justice of the case may require if–
  • (a) within six months of the date on which it was seized no person has been charged since that date with an offence under section 99ZE of this Act in relation to that document; and
  • (b) the document has not been returned to the person from whom it was taken.
  • (3) Any proceedings in Scotland under subsection (2) of this section shall be taken by way of summary application in the sheriff court.
  • In the application of that subsection to Scotland the reference to costs shall be construed as a reference to expenses.

Grants for research or development in connection with transport services by inland waterways in Scotland

Aldershot and District Traction Company Limited.

Part II (except sections 10(3), (4), (5) and (9), 13 and 18 to 21).

110A

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

110B

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

110C

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

97C
  • (1) This section applies to the following documents—
  • (a) record sheets;
  • (b) manual records and printouts made in accordance with the EU Tachographs Regulation or the AETR.
  • (2) If such a document relates to a person in his capacity as the driver of a vehicle to which section 97 or 97ZA applies, he must before the end of the delivery period deliver the document to the transport undertaking to whose orders he was subject in driving the vehicle.
  • (3) The delivery period is the period of 42 days starting on the day after the latest date to which the document relates.
  • (4) A person who without reasonable excuse fails to comply with subsection (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
  • (5) If a transport undertaking fails without reasonable excuse to secure that each driver subject to its orders complies with subsection (2), in respect of documents relating to him in his capacity as such a driver, it is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
  • (6) If a person is subject to the orders of two or more transport undertakings in driving a vehicle during a period to which a document relates-
  • (a) subsection (2) has effect as if it were a requirement to deliver that document to the undertaking to whose orders he was first subject in driving the vehicle during that period;
  • (b) subsection (5), in relation to that document, applies only to the undertaking to whose orders he was first subject in driving the vehicle during that period.
97D
  • (1) This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation or article 11(2)(b) of the Annex to the AETR to ensure that data is downloaded from a vehicle unit in a vehicle.
  • (2) The undertaking must ensure that relevant data is downloaded from the unit not later than the end of the download period if—
  • (a) it controls the use of the vehicle throughout that period, and
  • (b) it uses the vehicle at some point during that period.
  • (3) The download period begins and ends as set out in the following table—
Case Download period begins Download period ends
1. The undertaking has not previously downloaded data from the unit under this section On the first day after the commencement of this section on which the undertaking—controls the use of the vehicle, andis required by article 10 of the Community Drivers' Hours Regulation or article 11(2)(b) of the Annex to the AETR to ensure that data is downloaded from the unit On the earlier of—the expiry of the period of 90 days starting on the first day of the download period;any downloading of the data before the expiry of that period
2. The undertaking uses the vehicle during the period of 90 days starting on the day after the last downloading under this section On the day after the last downloading under this section On the earlier of—the expiry of the period of 90 days starting on the first day of the download period;any downloading of the data before the expiry of that period
3. The undertaking does not use the vehicle during the period of 90 days starting on the day after the last downloading under this section On the first day of the undertaking’s use of the vehicle after the last downloading under this section On the earlier of—the expiry of the period of 90 days starting on the first day of the download period;any downloading of the data before the expiry of that period
  • (4) The undertaking must ensure that all relevant data is downloaded from the unit—
  • (a) immediately before transferring control of the use of the vehicle to another person;
  • (b) without delay upon permanently removing the unit from service in the vehicle;
  • (c) without delay upon becoming aware that the unit is malfunctioning;
  • (d) without delay in any circumstances such that the imminent erasure of the data by the unit, in the normal course of its operations, is reasonably foreseeable.
  • (5) But subsection (4)(c) does not apply if because of the malfunctioning of the unit it is impossible to download the data.
  • (6) For the purposes of this section “relevant data” means any data recorded by the vehicle unit in a vehicle, other than detailed speed data.
  • (7) For the purposes of this section and section 97E an undertaking controls the use of a vehicle during any period in which it may determine when, by whom and for what purpose the vehicle may be driven.
  • (8) In this section and sections 97E to 97G, “downloaded” is to be construed in accordance with the definition of “downloading” in Article 2(2)(n) of the EU Tachographs Regulation.
97E
  • (1) This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation or article 11(2)(b) of the Annex to the AETR to ensure that data is downloaded from a driver card issued to a driver.
  • (2) The undertaking must ensure that all data is downloaded from the card not later than the end of the download period.
  • (3) The download period begins and ends as set out in the following table—
Case Download period begins Download period ends
1. The undertaking has not previously downloaded data from the card under this section On the first day after the commencement of this section on which—the driver drives for the undertaking, andthe undertaking is required by article 10 of the Community Drivers' Hours Regulation or article 11(2)(b) of the Annex to the AETR to ensure that data is downloaded from the card On the earlier of—the expiry of the period of 28 days starting on the first day of the download period;any downloading of the data before the expiry of that period
2. The undertaking has previously downloaded data from the card under this section On the first day on which the driver drives for the undertaking after the last downloading under this section On the earlier of—the expiry of the period of 28 days starting on the first day of the download period;any downloading of the data before the expiry of that period
  • (4) The undertaking must ensure that the data is downloaded from the card—
  • (a) immediately before the driver ceases to be employed by the undertaking as a driver, or otherwise to carry out work for the undertaking as a driver;
  • (b) without delay upon becoming aware that the card has been damaged or is malfunctioning;
  • (c) without delay in any circumstances such that the imminent erasure of the data, in the normal course of use of the card, is reasonably foreseeable;
  • (d) if it is not possible to do so other than by means of a vehicle unit installed in a vehicle, immediately before ceasing to control the use of that vehicle.
  • (5) But subsection (4)(b) does not apply if because of the damage to the card or its malfunctioning it is impossible to download the data.
97F
  • (1) This section applies where—
  • (a) an officer has reason to believe that an offence under this Part of this Act or under the Traffic Acts has been committed in respect of the use of a vehicle, and
  • (b) article 10(5) of the Community Drivers’ Hours Regulation or article 11(2)(b) of the Annex to the AETR applies to a transport undertaking in respect of the vehicle unit in the vehicle or a driver card issued to a person who has driven the vehicle.
  • (2) The officer may, on production if so required of his authority, require the undertaking without delay—
  • (a) to download data from the vehicle unit or driver card;
  • (b) to permit him to inspect or copy the downloaded data.
  • (3) In this section—
  • (a) “download” is to be construed in accordance with the definition of “downloading” in Article 2(2)(n) of the EU Tachographs Regulation;
  • (b) “the Traffic Acts” has the meaning given in section 192(1) of the Road Traffic Act 1988.
97G
  • (1) A transport undertaking commits an offence if, without reasonable excuse, it fails to comply with section 97D or 97E, or with a requirement imposed under section 97F.
  • (2) A transport undertaking commits an offence if, without reasonable excuse, it fails to comply with any requirement imposed by article 10 of the Community Drivers’ Hours Regulation or article 11(2)(b) of the Annex to the AETR in respect of the retention of data downloaded in accordance with section 97D to 97F.
  • (3) An offence under this section is punishable on summary conviction with a fine not exceeding level 5 on the standard scale.
97H
  • (1) An officer may, on production if so required of his authority, require a person to make readily accessible to him, either on or from premises occupied or controlled by the person in question, that person’s retained data.
  • (2) Any person who without reasonable excuse fails to comply with a requirement under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
  • (3) For the purposes of subsection (1), data is a person’s “retained data” if he is required by article 10 of the Community Drivers’ Hours Regulation or article 11(2)(b) of the Annex to the AETR to retain it for at least 12 months following its recording.
102B
  • (1) Proceedings for an offence under this Part of this Act alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
  • (2) Proceedings for an offence under this Part of this Act alleged to have been committed by an unincorporated association (other than a partnership) must be brought in the name of the association (and not in that of any of its members).
  • (3) Rules of court relating to the service of documents have effect as if the partnership or association were a body corporate.
  • (4) In proceedings for an offence under this Part of this Act brought against a partnership or an unincorporated association, the following provisions apply as they do in relation to a body corporate—
  • (a) section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;
  • (b) section 70 of the Criminal Procedure (Scotland) Act 1995
  • (5) A fine imposed on a partnership on its conviction for an offence under this Part of this Act must be paid out of the partnership assets.
  • (6) A fine imposed on an unincorporated association on its conviction for an offence under this Part of this Act must be paid out of the funds of the association.
  • (7) Subsections (1) and (2) do not affect any liability of a partner, officer or member under section 102C.
102C
  • (1) If an offence under this Part of this Act committed by a body corporate is proved—
  • (a) to have been committed with the consent or connivance of an officer of the body, or
  • (b) to be attributable to any neglect on the part of an officer of the body,

he, as well as the body corporate, is guilty of the offence.

  • (2) In subsection (1) a reference to an officer of a body includes a reference to—
  • (a) a director, manager or secretary;
  • (b) a person purporting to act as an officer of the body.
  • (3) If the affairs of a body corporate are managed by its members, subsection (1) applies 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.
  • (4) If an offence under this Part of this Act committed by a partnership is proved—
  • (a) to have been committed with the consent or connivance of a partner, or
  • (b) to be attributable to any neglect on the part of a partner,

he, as well as the partnership, is guilty of the offence.

  • (5) In subsection (4) a reference to a partner includes a reference to a person purporting to act as a partner.
  • (6) If an offence under this Part of this Act committed by an unincorporated association (other than a partnership) is proved—
  • (a) to have been committed with the consent or connivance of an officer of the association, or
  • (b) to be attributable to any neglect on the part of an officer of the association,

he, as well as the association, is guilty of the offence.

  • (7) In subsection (6) a reference to an officer of an association includes a reference to—
  • (a) a member of its governing body;
  • (b) a person purporting to act in the capacity of an officer of the association.

Provisions as to regulations and orders under Part II.

Assistance for rural bus or ferry services.

Financial provisions as to Boards and new authorities.

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

Manufacture, repair and supply.

Subsidiaries and joint subsidiaries.

Users of certain goods vehicles to hold operators’ licences.

Power to extinguish statutory rights and obligations in respect of canals not comprised in undertaking of Board or Canal & River Trust.

Part I.

99ZG
  • (1) Subsection (2) applies if a vehicle appears to a stopping officer to be one to which this Part could apply.
  • (2) The officer may direct the driver to stop the vehicle for the purpose of enabling a Part 6 officer to exercise powers under this Part.
  • (3) In this section—
  • “Part 6 officer” means an officer as defined in section 99(8);
  • “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.
10A
  • (1) The Executive of an integrated transport area , combined authority area or combined county authority area in England may do—
  • (a) anything the Executive considers appropriate for the purposes of the carrying-out of any of the Executive's functions (the Executive's “functional purposes”),
  • (b) anything the Executive considers appropriate for purposes incidental to the Executive's functional purposes,
  • (c) anything the Executive considers appropriate for purposes indirectly incidental to the Executive's functional purposes through any number of removes,
  • (d) anything the Executive considers to be connected with—
  • (i) any of the Executive's functions, or
  • (ii) anything the Executive may do under paragraph (a), (b) or (c), and
  • (e) for a commercial purpose anything which the Executive may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.
  • (2) Where subsection (1) confers power on the Executive to do something, it confers power (subject to section 10B) to do it anywhere in the United Kingdom or elsewhere.
  • (3) The Executive's power under subsection (1) is in addition to, and is not limited by, the other powers of the Executive.
10B
  • (1) Section 10A(1) does not enable the Executive to do—
  • (a) anything which the Executive is unable to do by virtue of a pre-commencement limitation, or
  • (b) anything which the Executive is unable to do by virtue of a post-commencement limitation which is expressed to apply—
  • (i) to the Executive's power under section 10A(1),
  • (ii) to all of the Executive's powers, or
  • (iii) to all of the Executive's powers but with exceptions that do not include the Executive's power under section 10A(1).
  • (2) If exercise of a pre-commencement power of the Executive is subject to restrictions, those restrictions apply also to exercise of the power conferred on the Executive by section 10A(1) so far as it is overlapped by the pre-commencement power.
  • (3) Section 10A(1) does not authorise the Executive to borrow money.
  • (4) Section 10A(1)(a) to (d) do not authorise the Executive to charge a person for anything done by the Executive otherwise than for a commercial purpose, but this does not limit any power to charge that the Executive has otherwise than under section 10A(1)(a) to (d).
  • (5) Section 10A(1)(e) does not authorise the Executive to do things for a commercial purpose in relation to a person if a statutory provision requires the Executive to do those things in relation to the person.
  • (6) Where under section 10A(1)(e) the Executive does things for a commercial purpose, it must do them through—
  • (a) a company within the meaning given by section 1(1) of the Companies Act 2006, or
  • (b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969.
  • (7) In this section—
  • “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, oris contained in an instrument made under an Act and comes into force on or after the commencement of section 12(1) of that Act;
  • “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, oris contained in an instrument made under an Act and comes into force before the commencement of section 12(1) of that Act;
  • “pre-commencement power” means power conferred by a statutory provision that—is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, oris contained in an instrument made under an Act and comes into force before the commencement of section 12(1) of that Act;
  • “statutory provision” means a provision of an Act or of an instrument made under an Act.
10C
  • (1) The Secretary of State may by order make provision preventing the Executive from doing under section 10A(1) anything which is specified, or is of a description specified, in the order.
  • (2) The Secretary of State may by order provide for the exercise by the Executive of power conferred by section 10A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.
  • (3) The power under subsection (1) or (2) may be exercised in relation to—
  • (a) all Executives,
  • (b) particular Executives, or
  • (c) particular descriptions of Executives.
  • (4) Before making an order under subsection (1) or (2) the Secretary of State must consult—
  • (a) such representatives of Executives,
  • (b) such representatives of local government, and
  • (c) such other persons (if any),

as the Secretary of State considers appropriate.

  • (5) Subsection (4) does not apply to an order under subsection (1) or (2) which is made only for the purpose of amending an earlier such order—
  • (a) so as to extend the earlier order, or any provision of the earlier order, to a particular Executive or to Executives of a particular description, or
  • (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular Executive or to Executives of a particular description.
  • (6) Power to make an order under this section includes—
  • (a) power to make different provision for different cases, circumstances or areas, and
  • (b) power to make incidental, supplementary, consequential, transitional or transitory provision or savings.
  • (7) A statutory instrument containing an order to which subsection (8) applies (whether alone or with other provisions) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
  • (8) This subsection applies to—
  • (a) an order under subsection (1), other than one that is made only for the purpose mentioned in subsection (5)(b);
  • (b) an order under subsection (2), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose.
  • (9) A statutory instrument that—
  • (a) contains an order made under this section, and
  • (b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of Parliament.

43A

The Minister or any other Minister of the Crown may, with the approval of the Treasury, from time to time make grants to Canal & River Trust.

106A
  • (1) If, on an application by any person under this section to the High Court, the court determines that there has been, in respect of any waterway, a serious and persistent failure by Canal & River Trust to discharge the duty imposed on it by—
  • (a) section 105(1), or
  • (b) an order made under section 105(3),

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