Transport Act 1968

• (1) This section applies to the following authorities, namely, the Boards and the new authorities.

• (2) It shall be the duty of each of the authorities to whom this section applies so to perform their functions under the Act of 1962 or this Act as to secure that combined revenues of the authority and of their subsidiaries taken together are not less than sufficient to meet their combined charges properly chargeable to revenue account, taking one year with another.

• (3) Each of the authorities to whom this section applies shall secure that their subsidiaries charge to revenue account in every year all charges which are proper to be made to revenue account, including, in particular, proper provision for the depreciation or renewal of assets.

• (4) Notwithstanding anything in paragraph (a) of the proviso to section 18(4) of the Act of 1962, the purposes for which the moneys comprised in the general reserve of any of the authorities to whom this section applies may be applied shall include the purposes of any subsidiary of theirs.

• (5) Subsection (1) of section 18 of the Act of 1962 shall cease to have effect, and references to that subsection in the Act of 1962 shall be construed as references to subsection (2) of this section.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In section 22 of the Act of 1962 as amended by the Transport Finances Act 1966, subsections (2) and (3) (which relate to deficits on revenue account of the Railways Board or the London Board) and subsection (6) (which temporarily relieves those Boards of the obligation to establish a general reserve) shall cease to have effect.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) For the purposes of subsections (2) and (3) of this section, the provisions of section 51(5) of this Act shall be disregarded.

Additional financial provisions as to Railways Board

42

• (1) This section applies to the Railways Board.

• (2) On 1st January 1969 there shall be extinguished—

• (a) the part of the commencing capital debt of the Board under section 39 of the Act of 1962 which under section 40 of that Act constitutes the suspended debt of the Board on that date; and

• (b) subject to subsection (3) of this section, such further part of the commencing capital debt of the Board as is required to be extinguished in order to reduce the commencing capital debt of the Board outstanding on that date to £300 million.

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

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

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) As from 1st January 1969, the aggregate amount outstanding in respect of—

• (a) the principal of any money borrowed by the Board under section 19 of the Act of 1962; and

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

shall not exceed £3,000 million or such greater sum not exceeding £5,000 million as the Secretary of State may from time to time by order specify; but no order shall be made under this subsection unless a draft thereof has been approved by a resolution of the Commons House of Parliament.

• (7) The Board shall as soon as practicable after 1st January 1969 adjust their accounts so that the total net book value of their capital assets does not exceed the aggregate of the amount specified in subsection (2)(b) of this section and their other liabilities.

• (8) If in any accounting year of the Board there is an excess of the revenue of the Board over the total sums properly chargeable by them to revenue, the Minister may, with the approval of the Treasury, require that excess, so far as it appears to him, after consultation with the Board, to be surplus to the requirements of the Board, to be paid over to the Minister, who shall pay it into the Consolidated Fund.

Additional financial provisions as to Waterways Board

43

• (1) This section applies to the Waterways Board.

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

• (2A) The Scottish Ministers may from time to time make grants to the Board.

• (3) On 1st January 1969—

• (a) without prejudice to any further adjustment under section 53(5) of this Act, there shall be extinguished such part of the commencing capital debt of the Board under section 39 of the Act of 1962 as is required to be extinguished in order to reduce the commencing capital debt of the Board outstanding on that date to £3,750,000;

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

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

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) If in any accounting year of the Board there is an excess of the revenue of the Board over the total sums properly chargeable by them to revenue, the Scottish Ministers may require that excess, so far as it appears to them, after consultation with the Board, to be surplus to the requirements of the Board, to be paid over to the Scottish Ministers.

Account by Minister of receipt and disposal of certain sums

44

• (1) The Minister shall, as respects each financial year, prepare in such form and manner as the Treasury may direct an account of, and of the disposal by him of, the following sums, namely—

• (a) any sums issued to the Minister by the Treasury out of the National Loans Fund under section 20(3) of the Act of 1962 for the purpose of making loans—

• (i) under section 20(1) of that Act to any of the Boards; or

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

• (iii) under the said section 20(1) as applied by section ... 27(1) of this Act to ... the Bus Company;

• (b) any sums which, being received by the Minister—

• (i) by way of interest on, or the repayment of, any such loan as aforesaid; or

• (ii) by way of interest on, or the repayment of, the commencing capital debt under section 39 of that Act of any of the Boards ... ; or

• (iii) by way of interest on, or the repayment of, the commencing capital debt of ... the Bus Company under Schedule 2 to this Act; or

• (iv) in respect of any surplus of ... the Railways Board ...,

are required by section 20(5), ... or 39(8) of the Act of 1962, by section 42(8) ... of this Act, by the said section 20(5) as applied by the said section ... , ... or 27(1), or by the said section 39(8) as applied by paragraph 1 of the said Schedule 2 to be paid by the Minister into the National Loans Fund or the Consolidated Fund, as the case may be.

• (2) The Secretary of State shall, as respects each financial year, prepare in such form and manner as the Treasury may direct an account of, and of the disposal by him of, the following sums, namely—

• (a) any sums issued to the Secretary of State by the Treasury out of the National Loans Fund under section 20(3) of the Act of 1962 for the purpose of making loans to the Scottish Group under section 20(1) of that Act as applied by section 27(1) of this Act;

• (b) any sums which, being received by the Secretary of State—

• (i) by way of interest on, or the repayment of, any such loan as aforesaid; or

• (ii) by way of interest on, or the repayment of, the commencing capital debt of the Scottish Group under Schedule 2 to this Act,

are required by section 20(5) of the Act of 1962 as applied by the said section 27(1), or by section 39(8) of the Act of 1962 as applied by paragraph 1 of the said Schedule 2, to be paid by the Secretary of State into the National Loans Fund.

• (3) The Minister and the Secretary of State shall each send every account prepared by him under subsection (1) or (2) of this section to the Comptroller and Auditor-General not later than the end of November following the year to which the account relates; and the Comptroller and Auditor-General shall examine, certify and report on the account and lay copies of it, together with his report, before each House of Parliament.

• (4) In consequence of the foregoing provisions of this section—

• (a) in section 20 of the Act of 1962, subsection (6) (which makes provision corresponding to this section in respect of certain of the sums aforesaid) shall cease to have effect; and

• (b) in section 29(12) of that Act (which applies subsections (2) to (6) of the said section 29) for the words “subsections (2) to (6)" there shall be substituted the words “ subsections (2)(5) ”.

Additional duties of Boards and new authorities

Duty of Freight Corporation and Railways Board to review organisation

45

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

Duty of Boards and new authorities to promote research and development

46

• (1) This section applies to the following authorities namely, the Boards and the new authorities.

• (2) It shall be incumbent on each of the authorities to whom this section applies to take such steps as appear to them to be practicable and desirable for promoting—

• (a) research on lines settled from time to time with the approval of the Minister or, in the case of the Waterways Board, ... the Scottish Ministers into matters affecting, or arising out of, the exercise of the functions of that authority or of any subsidiary of that authority; and

• (b) the doing of such work as is requisite to enable—

• (i) the results of any research into any such matter as aforesaid (whether or not promoted by that authority); and

• (ii) anything resulting from any idea affecting, or arising out of, the exercise of any of those functions,

to be turned to account;

but nothing in this subsection shall be construed as imposing upon that authority, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which that authority would not otherwise be subject.

• (3) An authority to whom this section applies may take such steps as aforesaid with respect to any matter either by themselves carrying out the necessary research or doing the necessary work or by arranging for that research to be carried out or that work to be done by some other person with or without assistance (including financial assistance) from that authority; but nothing in this section shall authorise any such authority to do themselves, either directly or through a subsidiary, any work such as is mentioned in subsection (2)(b) of this section which the authority would not have power to do apart from this section.

• (4) In the application of this section to the Scottish Group, the reference to the Minister shall be construed as a reference to the Secretary of State.

• (5) In section 27(3) of the Act of 1962 for the words “education and research”there shall be substituted the words “ and education ”.

Additional powers of Boards and new authorities

Extension to new authorities of certain functions of Boards

47

• (1) Without prejudice to the provisions of sections 48 to 52 of this Act, but subject to the provisions of this section—

• (a) the following provisions of the Act of 1962 (which confer certain powers on the Boards), that is to say—

• (i) section 11 (development of land);

• (ii) section 12 (pipe-lines);

• (iii) section 13 (powers of manufacture and production) other than subsection (2) thereof;

• (iv) section 14 (supplementary powers);

• (v) section 15 (compulsory purchase of land);

• (vi) section 16 (working agreements involving the delegation of special statutory powers);

• (vii) section 17 (power to promote and oppose Bills);

• (viii) section 43(1) to (3) (power to make charges for services and facilities); and

• (b) section 25 of the Act of 1962 (which relates to subsidiaries of the Boards),

shall have effect as if each of the new authorities were one of the Boards.

• (2) In relation to [the Bus Company and] the Scottish Group, subsection (1)(a) of this section shall have effect as if sub-paragraphs (ii) and (v) thereof were omitted.

• (3) In the application of sections 11, 13, 14, 17 and 25 of the Act of 1962 to the Scottish Group any reference to the Minister shall be construed as a reference to the Secretary of State.

• (4) The reference in subsection (1) of section 16 of the Act of 1962 to a working agreement to which that section applies shall include a reference to any arrangements such as are mentioned in section 50(9) of this Act.

Manufacture, repair and supply

48

• (1) This section applies to the following authorities, namely, the Boards and the new authorities, but in its application to the Scottish Group any reference to the Minister shall be construed as a reference to the Secretary of State.

• (1A) In the application of this section to the Waterways Board ..., any reference to the Minister shall be construed as a reference to the Scottish Ministers and, in subsection (6) the reference to section 27(8) shall be construed as a reference to section 27(8C) and the words “and with the approval of the Treasury” shall be omitted.

• (2) Each of the authorities to whom this section applies shall have power—

• (a) to manufacture for sale to outside persons (that is to say, to persons other than an authority to whom this section applies or a subsidiary of such an authority), and to repair for outside persons, anything which the authority consider can advantageously be so manufactured or, as the case may be, repaired by the authority by reason of the fact that the authority or a subsidiary of theirs have materials or facilities for, or skill in, the manufacture or repair of that thing connection with some existing activity of that authority or subsidiary;

• (b) to sell to outside persons, and for that purpose to purchase, anything which is of a kind which the authority or a subsidiary of theirs purchase in the course of some existing activity of that authority or subsidiary;

• (c) at any place where the authority, in the exercise of their powers under section 14(1)(d) of the Act of 1962, provide a car park, to repair motor vehicles for outside persons, and to sell to outside persons petrol, oil and spare parts and accessories for motor vehicles, and for that purpose to purchase any of those things, whether or not those persons are using the car park;

and the Waterways Board shall have power to sell goods of any description to outside persons, whether or not persons using their waterways, at any place where persons using those waterways may require facilities for the purchase of those goods, and for that purpose to purchase any such goods; and in paragraph (a) or (b) of this subsection the expression “existing activity” means, in relation to any activity at any time undertaken by virtue of that paragraph, any other activity already carried on at that time, including any such activity carried on by virtue of any provision of this section other than paragraph (c) of this subsection and other than the provisions of this subsection relating only to the Waterways Board.

• (3) An authority to whom this section applies shall not engage in any activity authorised by subsection (2) of this section, and shall exercise their control over any subsidiary of theirs so as to ensure that the subsidiary does not engage in any such activity, unless the authority are satisfied that they or the subsidiary can do so without detriment to the duties imposed on the authority by the Act of 1962 or this Act.

• (4) Each of the authorities to whom this section applies shall from time to time submit to the Minister for his approval proposals as to the manner in which any activities authorised by subsection (2) of this section or any activities of manufacture authorised by section 13 of the Act of 1962 are to be carried on by them or any subsidiary of theirs, and shall carry on, or, as the case may be, exercise their control over that subsidiary so as to ensure that the subsidiary carries on, those activities in accordance with the Minister’s approval, and the Minister may—

• (a) in approving any proposals, approve them subject to such modifications or subject to compliance with such conditions as he thinks fit; and

• (b) at any time, after consultation with the authority, direct the authority to discontinue or, as the case may be, to exercise their control over any of their subsidiaries so as to require the subsidiary to discontinue, any of the activities which the authority or subsidiary are carrying on in accordance with the Minister’s approval.

• (5) The Minister shall publish, in such manner as he thinks fit, any proposals approved by him under subsection (4) of this section, and shall send copies of those proposals to the Confederation of British Industry and the Trades Union Congress.

• (6) Each authority to whom this section applies shall include in the report in respect of any year required to be submitted by them under section 27(8) of the Act of 1962 such particulars as the Minister may, after consultation with the authority and with the approval of the Treasury, direct with respect to all or any of the activities authorised by subsection (2) of this section or the activities of manufacture authorised by section 13 of the Act of 1962 which have been carried on in that year by the authority or any of their subsidiaries.

• (7) The foregoing provisions of this section shall have effect notwithstanding subsection (1) of section 13 of the Act of 1962 (so far as it confines any authority’s powers of manufacture, purchase and repair to those conferred by that section), and in that section—

• subsection (2) (which relates to the powers of the Waterways Board to manufacture for sale and to repair plant and equipment of a kind ordinarily made for use in connection with the operation of an inland waterway);

• subsection (3) (which is superseded by the provisions of subsection (4) of this section) except as respects proposals approved thereunder before the appointed day for the purposes of this section;

• subsection (5) (which restricts the power of the Boards to manufacture road vehicles, bodies or chassis for road vehicles or major components of road vehicles);

• subsection (6) (which restricts the power of the Boards to purchase or trade in road vehicles or in spare parts, accessories, petrol or oil for such vehicles and from engaging in the maintenance or repair of such vehicles, spare parts or accessories); and

• subsection (7) (which restricts the power of the Boards to engage in shipbuilding),

shall cease to have effect.

• (8) Section 29(7) of the Act of 1962 (which relates to manufacture or production by subsidiaries of the Holding Company) shall have effect as if each of the new authorities were one of the Boards.

• (9) In this section references to manufacture include references to construction and production, references to repair include references to maintenance, and references to selling or purchasing include references to supplying, or, as the case may be, obtaining, by exchange, hire or hire-purchase.

Powers with respect to land

49

• (1) Where a Board or a new authority propose under section 11 of the Act of 1962 to develop any of their land for use otherwise than for the purposes of their business, the Minister may give his consent under subsection (4) of that section to the acquisition by that Board or authority by agreement of adjoining land for the purpose of developing it with the other land whether or not it appears to him that the other land cannot be satisfactorily developed unless the adjoining land is so acquired;and accordingly, in the said subsection (4), the words from “but the Minister" to “by the Board" (which preclude the Minister from giving his consent unless it so appears to him) shall cease to have effect.

• (2) A Board or new authority may exercise the power conferred by the said subsection (4) without the consent of the Minister in any case where the Minister has under subsection (3) of the said section 11 consented to the incurring by that Board or new authority of a substantial item of expenditure in developing land as aforesaid which includes expenditure proposed to be incurred in that exercise of that power.

• (3) Notwithstanding anything in the said subsection (4), where a Board or new authority propose to dispose of any of their land they shall have power to acquire by agreement adjoining land for the purpose of disposing of it together with the other land; but the Board or new authority shall not incur any substantial item of expenditure under this subsection without the consent of the Minister, and the Minister may from time to time give directions to the Boards and the new authorities indicating what is to be treated for the purposes of this subsection as a substantial item of expenditure.

• (4) Notwithstanding anything in the said subsection (4), the Railways Board and the Waterways Board shall each have power with the consent of the Minister to acquire land by agreement with a view to its development, whether by that Board or by some other person, for use otherwise than for the purposes of their business if that land—

• (a) in the case of the Railways Board adjoins other land of that Board; or

• (b) in the case of the Waterways Board adjoins or is situated in the vicinity of any inland waterway comprised in the undertaking of that Board,

and the Minister is satisfied that the land acquired will be so connected by rail or so situated in relation to a railway line or, as the case may be, will be so connected by waterway to, or is so situated in relation to, that waterway that the rail services of the Railways Board . . . can be directly used or, as the case may be, the waterway can be conveniently used by the person for the time being occupying the land proposed to be acquired.

• (4A) In the application of this section to the Waterways Board —

• (a) the references to the Minister are to be read as references to the Scottish Ministers;

• (b) the powers in subsections (3) and (4) are limited to the acquisition of adjoining land in Scotland.

• (5) In the application of subsections (1) to (3) of this section to the Scottish Group, any reference therein to the Minister shall be construed as a reference to the Secretary of State.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous provisions as to powers

50

• (1) In addition to their power under the provisions of sections 3(3)(e), 9(2)(c) or 10(3)(f) of the Act of 1962 to store certain goods and to use certain premises to provide facilities for the storage of other goods, the Railways Board, ... and Waterways Board shall each have power, with the consent of ... the Scottish Ministers, to provide such facilities at any other premises in Scotland; and the said section 3(3)(e) shall apply to goods which have been or are to be carried by a subsidiary of the Railways Board as it applies to goods which have been or are to be carried by that Board.

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

• (3) The Waterways Board, [the Bus Company] and the Scottish Group shall each have power to provide and manage hotels in places where those using the inland waterways owned or managed by the Waterways Board or, as the case may be, the transport services provided by [the Bus Company] or Scottish Group may require them, for use both by those and other persons.

• (4) In subsection (3) of this section the reference to hotels includes a reference to any other form of residential accommodation or facilities, including caravan and camping sites, for travellers or persons on holiday; and the said subsection (3) shall be without prejudice to the powers of the Waterways Board, [the Bus Company] or the Scottish Group under section 14(1)(d) of the Act of 1962 to provide amenities and facilities for persons for whom they do not provide residential accommodation or facilities.

• (5) In addition to the powers of the Waterways Board to provide the transport services by road authorised by section 10(3)(c) of the Act of 1962 (carriage of goods which have been or are to be carried by the Board by inland waterway and carriage of goods where the use of an inland waterway owned or managed by the Board has been temporarily interrupted), that Board shall have power, with the consent of ... the Scottish Ministers, to provide other transport services by road for the carriage of goods and to carry goods by those services.

• (6) Without prejudice to the powers of the Waterways Board apart from this subsection, that Board shall have power to provide services and facilities for the use for amenity or recreational purposes (including fishing) of the inland waterways and reservoirs owned or managed by them.

• (7) Each of the Boards and new authorities shall have power to provide for any person technical advice or assistance, including research services, as respects any matter in which the Board or new authority have skill or experience.

• (8) Without prejudice to their powers apart from this subsection, each of the Boards and the new authorities shall have power to form, promote and assist, or join with any other person in forming, promoting and assisting, a company for carrying on any activities which that Board or new authority have power to carry on.

• (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) Where a company for carrying on any activities which any of the Boards or new authorities have power to carry on has been formed in the exercise of the powers conferred by subsection (8) of this section by that Board or new authority, whether alone or jointly with some other person, or where in the exercise of their powers under paragraph (a) of section 14(1) of the Act of 1962 any of the Boards or new authorities have entered into an agreement with any person for the carrying on by that person, whether as agent for that Board or new authority or otherwise, of any of the activities which that Board or new authority may themselves carry on, then, without prejudice to their powers under paragraph (b) of the said section 14(1), that Board or new authority may, with the consent of the Minister or, in the case of the Waterways Board, ... the Scottish Ministers , or, in the case of the Scottish Group, with the consent of the Secretary of State, enter into arrangements with that company or person for the transfer from that Board or new authority to that company or person, in such manner and on such terms (including payments by any of the parties to the arrangements to any other of them) as may be provided for by the arrangements, of any property, rights or liabilities of that Board or new authority relevant to the carrying on of those activities.

• (10) In section 43(3) of the Act of 1962, after the word “recover" there shall be inserted the words “ or waive ”.

Subsidiaries and joint subsidiaries

51

• (1) This section applies to the following authorities, namely, the Boards and the new authorities.

• (2) For the purposes of paragraphs (d), (f), (g) and (h) of section 14(1) of the Act of 1962, services and facilities provided by, persons employed by, or equipment of, a subsidiary of an authority to whom this section applies, and, for the purposes of section 15(1) of that Act, land required for the purposes of the business of a wholly-owned subsidiary of such an authority, shall be deemed to be services and facilities provided by, persons employed by, equipment of, or land required for the purposes of the business of, that authority; and section 43(1) to (3) of the Act of 1962 shall apply to any subsidiary of an authority to whom this section applies as they apply to that authority.

• (3) In section 27(1) of the Act of 1962 (which empowers the Minister or, as the case may be, the Secretary of State to give directions of a general character as to the exercise and performance by any authority to whom this section applies of their functions in relation to matters which appear to him to affect the national interest) after the word “functions”there shall be inserted the words “ (including the exercise of rights conferred by the holding of interests in companies) ”.

• (4) A wholly-owned subsidiary of an authority to whom this section applies shall not be regarded as a common carrier when carrying on any activity which that authority have power to carry on and in carrying on which that authority are not to be so regarded.

• (5) Where a company of which two or more authorities to whom this section applies are members would, if those authorities were a single body corporate, be a wholly-owned subsidiary of that body corporate, then, whether or not that company is apart from this subsection a subsidiary of one of those authorities, that company shall be deemed for the purposes of the Act of 1962 and of the provisions other than Part VI of this Act to be a wholly-owned subsidiary of each of those authorities; and any such company is hereafter in this section referred to in relation to each of those authorities as a “joint subsidiary” of that authority.

• (6) In the case of a joint subsidiary, section 25(1) of the Act of 1962 shall not apply but it shall be the joint duty of both or all the authorities of which it is a joint subsidiary to exercise their control over the subsidiary so as to ensure that the subsidiary—

• (a) does not engage in activities in which none of those authorities have power to engage (including activities in which none of those authorities have power to engage because the consent of the Minister or, as the case may be, the Scottish Ministers has not been obtained), and

• (b) does not do anything which the Minister has or, as the case may be, the Scottish Ministers have directed any of those authorities not to do, and

• (c) does not, except with the consent of the Minister or, as the case may be, the Scottish Ministers, borrow money from any person other than those authorities, and

• (d) does not, except with the consent of the Minister or, as the case may be, the Scottish Ministers, raise money by the issue of shares or stock to any person other than those authorities;

and the Minister or, as the case may be, the Scottish Ministers may give to those authorities such directions as appear to him or, as the case may be, to themappropriate for ensuring that they carry out the duty imposed on them by this subsection.

• (7) In the application of subsection (6) of this section to a joint subsidiary of the Scottish Group, any reference in that subsection to the Minister shall be construed as including a reference to the Secretary of State.

Supplementary and miscellaneous provisions

52

• (1) Section 14(6) of the Act of 1962 (which provides that the powers conferred by the foregoing provisions of that Act are cumulative and that those provisions relate only to the capacity as a statutory corporation of any authority on whom those powers are conferred and that nothing in those provisions shall be construed as authorising the disregard by any such authority of any enactment or rule of law) shall apply to any powers conferred on any Board or new authority by any provision of this Act and to the provision of this Act conferring that power as it applies to the powers and provisions mentioned in the said section 14(6).

• (2) For the purposes of section 15 of the Act of 1962 (which confers on the Boards. . . powers of compulsory purchase for the purpose of their business) activities carried on by any of the Boards. . . by virtue of section 48 or subsections (1) to (7) of section 50 of this Act shall be deemed not to form part of the business of the Board. . . .

• (3) Sections 27, 28 and 89 of the Act of 1962 (which relate respectively to the powers of the Minister to give directions to the Boards, to powers exercisable subject to the Minister’s consent, and to the duty to give effect to the Minister’s directions) shall apply to each of the new authorities as if they were one of the Boards and, in their application to the Scottish Group, as if any reference therein to the Minister were a reference to the Secretary of State; and any reference in the said section 27 or 89 to that Act or in the said section 28 to the foregoing provisions of that Act shall include a reference to this Act.

• (4) In Schedule 1 to the Act of 1962, for paragraph 4 (which relates to the authentication of the application of the seal of a Board) there shall be substitututed the following:—

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

• (5) It is hereby declared that none of the new authorities are to be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown, or (subject to the provisions of sections 160, 161 and 162 of this Act) as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and that their property is not to be regarded as property of, or property held on behalf of, the Crown.

Power to dissolve Holding Company, etc.

Provisions with respect to Holding Company

53

• (1) The Minister may by order, which shall be subject to annulment in pursuance of a resolution of either House of Parliament—

• (a) transfer any such property, rights and liabilities of the Holding Company as may be specified in the order, being property, rights or liabilities not already transferred under section 4 or 28 of this Act or this paragraph, from the Holding Company to such other person, being either a publicly-owned body (that is to say, a body established for the carrying on of any industry or part of an industry, or of any undertaking, under national ownership or control, or a wholly-owned subsidiary of a body so established) or a Minister of the Crown, as may be specified in the order;

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

• (c) where by virtue of paragraph (a). . . of this subsection any property, rights and liabilities are transferred to, or to a subsidiary of, any of the Boards or the new authorities, confer on the Board or new authority in question any powers necessary to ensure the continued carrying on of any activities carried on before the transfer which would otherwise fall by virtue of section 25 of the Act of 1962 or section 51(6) of this Act to be discontinued after the transfer.

• (2) In the case of any order made by virtue of paragraph (a). . . of subsection (1) of this section, the property, rights and liabilities in question shall on such date as may be appointed for the purpose by the order be transferred, and by virtue of this Act vest, in accordance with the order; and Schedule 4 to this Act shall apply to any transfer under this subsection.

• (3) Any order under subsection (1) of this section may contain such supplementary, incidental and consequential provision as may appear to the Minister to be necessary or expedient, and in particular, in the case of an order by virtue of paragraph (b) of that subsection, may make provision—

• (a) for the preparation by such person or persons as may be specified in the order of a statement or statements of the Holding Company’s accounts for the period from the end of that dealt with in the last annual statement of accounts published by that Company down to the date of the dissolution of that Company;

• (b) for the auditing of any such statement of accounts;

• (c) for the making to the Minister by such person or persons as may be specified in the order of a report or reports on the exercise and performance by the Holding Company of their functions during any period not dealt with in the reports made by that company under section 29(16) of the Act of 1962;

• (d) repealing any provision of the Act of 1962 or of this or any other Act which the Minister is satisfied has become unnecessary in consequence of the dissolution of the Holding Company.

• (4) The Minister may, with the consent of the Treasury, pay to any person upon whom duties are imposed by virtue of subsection (3)(a) to (c) of this section such remuneration, and such allowances in respect of expenses, as the Minister may with the agreement of the Treasury determine.

• (5) The Minister may from time to time by order—

• (a) vary the commencing capital debt under section 39 of the Act of 1962 of the Holding Company or of any of the Boards or under Schedule 2 to this Act of any of the new authorities; or

• (b) extinguish the liability of the Holding Company in respect of all or any sums lent to that Company by the Minister under section 29(12) of the Act of 1962 on or after 1st January 1963,

where that appears to the Minister expedient to take account of any transfer of property, rights and liabilities—

• (i) in the case of the Holding Company, under section 4 or 28 of this Act or under subsection (1) of this section;

• (ii) in the case of any of the Boards or new authorities, under the said subsection (1);

and any such order may contain such transitional provisions as appear to the Minister expedient to take account of any interest underpaid or overpaid on the commencing capital debt of the authority in question or on the sums referred to in paragraph (b) of this subsection.

• (6) On requiring any of the new authorities to make provisional payments under paragraph 2 of Schedule 2 to this Act in respect of the commencing capital debt of that new authority, the Minister may by notice in writing to the Holding Company specify what part of those payments is to be treated as attributable to transfers to that new authority from the Holding Company under section 4 or 28 of this Act; and where such notice is given, then, in respect of any period in respect of which those provisional payments are made, the liability of the Holding Company to make payments of interest under section 39(6) or 20(2) of the Act of 1962 on the commencing capital debt of, or loans to, that Company shall be correspondingly reduced.

• (7) For the purposes of any order made by virtue of paragraph (a) of subsection (5) of this section with respect to the Scottish Group, any reference in that subsection to the Minister shall be construed as a reference to the Minister and the Secretary of State acting jointly.

• (8) The power of the Minister or of the Minister and the Secretary of State acting jointly to make an order under subsection (5) of this section shall be subject to the approval of the Treasury and any such order shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.

Miscellaneous further provisions with respect to transport services

Railway closures

54

Amendments as to Transport Consultative Committees

55

• (1) The services and facilities in relation to which, under section 56 of the Act of 1962, the duty imposed, subject to the subsequent provisions of that section, by subsection (4) thereof on the Rail Passengers’ Council Passengers’ Council and the Rail Passengers’ Committees London Transport Users' Committee falls to be exercised—

• (a) shall not include any services or facilities provided by the Waterways Board . . .

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

and accordingly—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) the reference in paragraph (b) of that subsection to a Board shall be construed as excluding a reference to the Waterways Board ... ;

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . .

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

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

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

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance by Minister or local authority towards capital expenditure on public transport facilities

56

• (1) Subject to subsections (3) and (4) of this section, the Minister may with the approval of the Treasury make grants upon such terms and conditions as the Minister thinks fit to any person towards expenditure appearing to the Minister to be of a capital nature incurred or to be incurred by that person for the purpose of the provision, improvement or development of facilities for public passenger transport in Great Britain.

• (2) Subject to subsections (3) and (4) of this section, any local authority, or any two or more local authorities acting jointly, may make payments, upon such terms and conditions as they think fit, to any other person towards expenditure appearing to the authority or authorities in question to be of a capital nature incurred or to be incurred by that other person for the purpose of the provision, improvement or development of any facilities for public passenger transport if it appears to the authority or each of the authorities in question that those facilities are or will be of benefit to the area of that authority.

• (2A) Where a relevant local authority proposes to make payments under subsection (2) of this section in respect of any facilities, that authority may enter into an agreement with the Strategic Rail Authority under which the Authority undertakes to exercise any of its franchising functions a national authority under which the national authority undertakes to exercise any of its functions in relation to railways or railway services , to refrain from exercising such functions, or to exercise such functions in a particular manner, in relation to the use of the facilities in question.

• (2B) In subsection (2A) of this section, the following expressions have the following meanings respectively, that is to say—

• ...

• “franchising functions”, in relation to the Strategic Rail Authority, has the same meaning as it has in relation to it in section 54 of the Railways Act 1993;

• “national authority” means the Secretary of State, the Scottish Ministers or the National Assembly for Wales;

• “relevant local authority” means—a non-metropolitan county or district council in England or in Wales;a London borough council or the Common Council of the City of London; ora council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland;

and any reference to a relevant local authority shall be taken to include a reference to any two or more such authorities acting jointly.

• (3) No grant under subsection (1) of this section and no payment under subsection (2) thereof shall be made for the purposes of the provision, improvement or development of an airfield, a harbour, or (except when used or to be used for the purposes of a ferry service) a dock, pier or jetty.

• (3A) Nothing in subsection (3) of this section precludes the making of grants under subsection (1) or payments under subsection (2) thereof for the purposes of the provision, improvement or development of facilities for or in connection with public passenger transport by land to or from an airfield, harbour, dock, pier or jetty.

• (4) No grant under subsection (1) of this section shall be made for any purpose unless the Secretary of State is satisfied that the provision, improvement or development of the facilities in question is appropriate in the light of—

• (a) any general policies formulated by an Integrated Transport Authority or a Passenger Transport Authority under section 9A(1) or (5) of this Act;

• (b) any general policies formulated by a non-metropolitan county council under section 63(1) or by a regional or islands council under section 63(2) of the Transport Act 1985 (policies with respect to services to be secured to meet public transport requirements within the county); and

• (c) any measures adopted by such a council under subsection (6) of that section (measures for promoting co-ordination of services and convenience of the public in using services for their area);

which are relevant to the need for facilities of the description in question in the locality in which they are, or are to be, provided; and no payment under subsection (2) of this section shall be made for any purpose unless the local authority or local authorities in question are so satisfied.

• (5) Where a person has used or proposes to use an asset of his for the purpose of the provision, improvement or development of facilities for public passenger transport, the Minister or, as the case may be, the local authority or local authorities in question may for the purposes of this section treat as expenditure of a capital nature incurred or to be incurred by that person for that purpose such amount not exceeding the capital value of that asset as the Minister or, as the case may be, the local authority or authorities in question may determine to be appropriate.

• (6) In this section the expression “local authority” means—

• (a) the council of any county,. . . or district in England or Wales;

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

• (bb) a metropolitan county passenger transport authority;

an Integrated Transport Authority for an integrated transport area in England;

• (bc) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• (bd) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• (c) the Council of the Isles of Scilly; or

• (d) any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland; or

• (e) Strathclyde Passenger Transport Authority;

and in the application of this section to Scotland or Wales any reference to the Minister shall be construed as a reference to the Secretary of State.

Grants for research or development in connection with transport services, etc.

57

The Minister shall have power with the approval of the Treasury to make grants upon such terms and conditions as he thinks fit to any person towards expenditure incurred or to be incurred by that person—

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

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

Assistance by local authorities in Scotland for railway passenger services

58

Part V

The licensing authority

The licensing authority for Part V

59

• (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.”

• (2) In the exercise of his functions under this Part of this Act. . . the licensing authority shall act under the general directions of the Minister.

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

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

O perators’ licences

Users of certain goods vehicles to hold operators' licences

60

• (1) Subject to subsection (2) of this section and to the other provisions of this Part of this Act, no person shall, after the appointed day for the purposes of this section, use a goods vehicle on a road for the carriage of goods—

• (a) for hire or reward; or

• (b) for or in connection with any trade or business carried on by him,

except under a licence granted under this Part of this Act (hereafter in this Part of this Act referred to as an “operator’s licence”).

• (2) Subsection (1) of this section shall not apply—

• (a) to the use of a small goods vehicle as defined in subsection (4) of this section; or

• (b) to the use of a vehicle of any class specified in regulations ; or

• (c) to the use of a goods vehicle for international carriage by a haulier established in a member State other than the United Kingdom and not established in the United Kingdom; or

• (d) to the use of a goods vehicle for international carriage by a haulier established in Northern Ireland and not established in Great Britain.

• (3) It is hereby declared that, for the purposes of this Part of this Act, the performance by a local or public authority of their functions constitutes the carrying on of a business.

• (4) For the purposes of subsection (2)(a) of this section a small goods vehicle is a goods vehicle which—

• (a) does not form part of a vehicle combination and has a relevant plated weight not exceeding 3.5 tonnes or (not having a relevant plated weight) has an unladen weight not exceeding 1525 kilograms; or

• (b) forms part of a vehicle combination (not being an articulated combination) which is such that—

• (i) if all the vehicles comprised in the combination (or all of them except any small trailer) have relevant plated weights, the aggregate of the relevant plated weights of the vehicles comprised in the combination (exclusive of any such trailer) does not exceed 3.5 tonnes;

• (ii) in any other case, the aggregate of the unladen weights of those vehicles (exclusive of any such trailer) does not exceed 1525 kilograms; or

• (c) forms part of an articulated combination which is such that—

• (i) if the trailer comprised in the combination has a relevant plated weight, the aggregate of the unladen weight of the motor vehicle comprised in the combination and the relevant plated weight of that trailer does not exceed 3.5 tonnes;

• (ii) in any other case, the aggregate of the unladen weights of the motor vehicle and the trailer comprised in the combination does not exceed 1525 kilograms.

In any provision of this subsection “relevant plated weight” means a plated weight of the description specified in relation to that provision by regulations; and in paragraph (b) of this subsection “small trailer” means a trailer having an unladen weight not exceeding 1020 kilograms.

• (4A) In subsection (2)(c) and (d) of this section “established," “haulier" and “international carriage" have the same meaning as in Council Regulation (EEC) No. 881/92 of 26th March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a member State or passing across the territory of one or more member States;

• (5) A person who uses a vehicle in contravention of this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Authorised vehicles

61

• (1) Subject to subsection (2) of this section, the vehicles authorised to be used under an operator’s licence shall be—

• (a) such motor vehicles, being vehicles belonging to the holder of the licence or in his possession under an agreement for hire-purchase, hire or loan, as are specified in the licence;

• (b) trailers from time to time belonging to the holder of the licence or in his possession under an agreement for hire-purchase, hire or loan, not exceeding at any time such maximum number as is specified in the licence;

• (c) unless the licence does not permit the addition of authorised vehicles under this paragraph and subject to subsection (3) of this section, motor vehicles not exceeding such maximum number as is specified in the licence, being vehicles belonging to the holder of the licence or in his possession under an agreement for hire-purchase, hire or loan, but acquired by him, or coming into his possession under such an agreement, only after the grant of the licence.

For the purposes of paragraphs (b) and (c) of this subsection different types of trailers or different types of motor vehicles, as the case may be, may be distinguished in a licence and a maximum number may be specified in the licence for trailers or vehicles of each type.

• (2) An operator’s licence shall not authorise the use of any vehicle unless the place which is for the time being its operating centre—

• (a) is in the area of the licensing authority by whom the licence was granted; or

• (b) is outside that area and has not been the operating centre of that vehicle for a period of more than three months.

For the purposes of paragraph (b) of this subsection, two or more successive periods which are not separated from each other by an interval of at least three months shall be treated as a single period having a duration equal to the total duration of those periods.

• (3) A motor vehicle which, after the grant of an operator’s licence, is acquired by the holder of the licence, or comes into his possession under an agreement for hire-purchase, hire or loan, and thereupon becomes an authorised vehicle by virtue of subsection (1)(c) of this section, shall cease to be an authorised vehicle on the expiration of one month from the date on which it was acquired by him or came into his possession unless before the expiration of that period he delivers to the licensing authority a notice in such form as the authority may require to the effect that the vehicle has been acquired by him, or has come into his possession, as the case may be.

• (4) Where the licensing authority by whom a licence was granted receives a notice under subsection (3) of this section to the effect that the holder of the licence has acquired, or come into possession of, a vehicle as mentioned in that subsection, he shall, if the vehicle has become an authorised vehicle by virtue of subsection (1)(c) of this section, vary the licence by directing that the vehicle be specified therein.

• (5) A motor vehicle specified in an operator’s licence shall not, while it remains so specified, be capable of being effectively specified in any other operator’s licence.

• (6) Where it comes to the knowledge of the licensing authority by whom an operator’s licence was granted that a vehicle specified therein—

• (a) has ceased to be used under the licence (otherwise than because of a fluctuation in business or because it is undergoing repair or maintenance); or

• (b) is specified in another operator’s licence,

he may vary the licence by directing that the vehicle be removed therefrom.

Applications for operators' licences

62

• (1) A person may apply for an operator’s licence to the licensing authority for each area in which, if the licence is granted, the applicant will have an operating centre or operating centres; and a person may hold separate operators’ licences in respect of different areas but shall not at any time hold more than one such licence in respect of the same area.

• (2) A person applying for an operator’s licence shall give to the licensing authority a statement giving such particulars as the authority may require of the motor vehicles proposed to be used under the licence which—

• (a) belong to the applicant, or

• (b) are in his possession under an agreement for hire-purchase, hire or loan, or

• (c) he intends, if the application is granted, to acquire, or to obtain possession of under such an agreement,

and also stating the number and type of any trailers proposed to be so used.

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

• (4) A person applying for an operator’s licence shall give to the licensing authority any further information which he may reasonably require for the discharge of his duties in relation to the application, and in particular shall, if he is required by the licensing authority so to do, give to him—

• (a) such particulars as he may require with respect to the purposes for which the vehicles referred to in the statement under subsection (2) of this section are proposed to be used;

• (b) particulars of the arrangements for securing that Part VI of this Act (or, so long as those sections remain in force, sections 73 and 186 of the Act of 1960) will be complied with in the case of those vehicles, and for securing that those vehicles are not overloaded;

• (c) particulars of the facilities and arrangements for securing that those vehicles will be maintained in a fit and serviceable condition;

• (d) particulars of any activities carried on, at any time before the making of the application, by—

• (i) the applicant,

• (ii) any company of which the applicant is or has been a director;

• (iii) where the applicant is a company, any person who is a director of the company;

• (iv) where the applicant proposes to operate the said vehicles in partnership with other persons, any of those other persons;

• (v) any company of which any such person as is mentioned in sub-paragraph (iii) or (iv) of this paragraph is or has been a director;

• (vi) any company of which the applicant is a subsidiary,

being activities in carrying on any trade or business in the course of which vehicles of any description are operated, or as a person employed for the purposes of any such trade or business, or as a director of a company carrying on any such trade or business;

• (e) particulars of any convictions during the five years preceding the making of the application—

• (i) of the applicant; and

• (ii) of any other person as to whose activities particulars may be required to be given under paragraph (d) of this subsection,

being convictions such as are mentioned in subsection (4) of section 69 of this Act (taking references in that subsection to the holder of the licence as references to the applicant or, as the case may be, to that other person);

• (f) particulars of the financial resources which are or are likely to be available to the applicant;

• (g) where the applicant is a company, the names of the directors and officers of the company, and of any company of which the first-mentioned company is a subsidiary, and where the authorised vehicles are proposed to be operated by the applicant in partnership with other persons, the names of those other pcrsons.

• (4A) A person who has applied for an operator’s licence shall forthwith notify the licensing authority if, in the interval between the making of the application and the date on which it is disposed of, a conviction occurs which, if the period of five years specified in paragraph (e) of subsection (4) of this section had not expired, would be a conviction falling within that paragraph; and for the purposes of this subsection an application shall be taken to be disposed of,—

• (a) if the licensing authority is required, by virtue of regulations under section 91 of this Act, to cause a statement containing his decision on the application to be issued, on the date on which that statement is issued, and

• (b) in any other case, on the date on which the applicant receives notice from the licensing authority of his decision on the application.

• (4B) A person who knowingly fails to comply with subsection (4A) of this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale, and section 6 of the Road Traffic Offenders Act 1988 (time for bringing summary proceedings for certain offences) shall apply in relation to an offence under this subsection as it applies in relation to the offences under the Road Traffic Act 1988 or the Road Traffic Offenders Act 1988 to which it is applied by virtue of Schedule 1 to the Road Traffic Offenders Act 1988.

• (5) Any statement or information to be given to a licensing authority under this section shall be given in such form as the authority may require.

Objections to grant of operators' licences

63

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

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

• (3) Any of the following persons, that is to say—

• (a) a prescribed trade union or association, being a trade union or association whose members consist of or include—

• (i) persons holding operators’ licences or carriers’ licences; or

• (ii) employees of any such persons;

• (b) a chief officer of police;

• (c) a local authority,

• (d) a planning authority

may object to the grant of any application for an operator’s licence on the ground that any of the requirements mentioned in section 64(2) of this Act are not satisfied in the case of the application.

• (4) Any objection under this section shall be made within the prescribed time and in the prescribed manner (which shall be stated in the notice published under subsection (1) of this section) and shall contain particulars of the ground on which it is made.

• (5) The onus of proof of the existence of the ground on which an objection is made shall lie on the objector.

• (6) In this section—

• “local authority” means—

• (a) as respects England and Wales, the council of a county,. . . , district or London borough,. . . and the Common Council of the City of London;

• (b) as respects Scotland, a regional, islands or district council;

• “planning authority” means any body other than a local authority which by virtue of any statutory provision for the time being in force is—

• (a) in England and Wales, the local planning authority for any area for the purpose of determining applications for planning permission under Part III of the Town and Country Planning Act 1990 (general planning control); and

• (b) in Scotland, the planning authority for any area for the purpose of determining applications for planning permission under Part III of the Town and Country Planning (Scotland) Act 1972 (general planning control);

• “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978; and

• “trade union” has the same meaning as in the the Trade Union and Labour Relations (Consolidation) Act 1992.

Decision on applications for operators' licences

64

• (1) Subject to section 69E of this ActOn an application for an operator’s licence, the licensing authority shall in every case consider whether the requirements mentioned in paragraphs (a) to (d) of subsection (2) of this section, and, if the licensing authority in any case thinks fit, paragraph (e) of that subsection, are satisfied, and in doing so shall have regard to any objection duly made under section 63 of this Act.

• (2) The said requirements are as follows—

• (a) that the applicant is a fit person to hold an operator’s licence, having regard to the matters of which particulars may be required to be given under section 62(4)(d) and (e) of this Act and to any conviction required to be notified in accordance with section 62(4A) thereof;

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

• (c) that there will be satisfactory arrangements for securing that Part VI of this Act (or, so long as those sections remain in force, sections 73 and 186 of the Act of 1960) will be complied with in the case of the authorised vehicles, and for securing that those vehicles are not overloaded;

• (d) that there will be satisfactory facilities and arrangements for maintaining the authorised vehicles in a fit and serviceable condition and that the place which is to be the operating centre for those vehicles is suitable for that purpose;

• (e) that the provision of such facilities and arrangements as are mentioned in paragraph (d) of this subsection and of a suitable operating centre will not be prejudiced by reason of the applicant’s having insufficient financial resources for that purpose.

• (3) If the licensing authority determines that any requirement which he has taken into consideration in accordance with subsection (1) of this section is not satisfied, he shall refuse the application but, in any other case, he shall, subject to subsection (4) of this section and section 69B of this Act, grant the application.

• (4) In any case in which the licensing authority grants an application for an operator’s licence, the licensing authority may issue that licence in the terms applied for or, if the authority thinks fit, subject to either or both of the following modifications or limitations, that is to say—

• (a) so that the licence is in respect of motor vehicles other than those of which particulars were contained in the application, or in respect of motor vehicles or trailers greater or less in number than, or differing in type from, those for the use of which authorisation was applied for;

• (b) so that the licence does not permit the addition of authorised vehicles under section 61(1)(c) of this Act.

• (5) In exercising his functions under this section in relation to the requirement mentioned in subsection (2)(e) thereof, a licensing authority may be assisted by an assessor drawn from a panel of persons appointed by the Minister for that purpose; and there shall be paid by the licensing authority to any such assessor in respect of his services remuneration on a scale prescribed by the Minister with the approval of the Treasury.

Conditions as to transport managers

65

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

Conditions as to matters required to be notified to licensing authority

66

• (1) A licensing authority, in granting an operator’s licence, may attach thereto such conditions as he thinks fit for requiring the holder to inform him—

• (a) of any change, of a kind specified in the conditions, in the organisation, management or ownership of the trade or business in the course of which the authorised vehicles are used;

• (b) where the holder of the licence is a company, of any change, or of any change of a kind so specified, in the persons holding shares in the company;

• (c) of any other event of a kind so specified affecting the holder of the licence which is relevant to the exercise of any powers of the authority in relation to the licence.

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

Duration of operators' licences and grant of interim licences

67

• (1) There shall be specified in every operator’s licence the date on which the licence is to come into force.

• (2) Regulations may specify the dates in the year on which operators’ licences shall expire, and, subject to subsections (4) and (5) of this section, an operator’s licence shall, unless previously revoked, or prematurely terminated under section 69 of this Act continue in force up till and including that one of the specified dates which occurs next before the expiration of the period of five years beginning with the date on which the licence came into force, or of such other period beginning with that date as the licensing authority may in accordance with the next following subsection direct.

• (3) The licensing authority may, on granting an operator’s licence, direct that in the case of that licence the period relevant for the purposes of subsection (2) of this section—

• (a) shall be a period shorter than five years if it appears to the licensing authority to be appropriate in the case of any applicant;

• (b) shall be a period longer or shorter than five years if the licensing authority is of opinion that it is desirable so to direct in order to arrange a suitable and convenient programme of work for the licensing authority.

• (4) If, at the date on which an operator’s licence is due to expire, proceedings are pending before the licensing authority on an application by the holder of that licence for the grant to him of a new licence in substitution therefor, the existing licence shall continue in force until—

• (a) the application; and

• (b) any appeal under section 70 of this Act arising out of the application,

are disposed of, without prejudice, however, to the exercise in the meantime of the powers conferred by section 69 of this Act.

• (5) If an applicant for an operator’s licence so requests, a licensing authority may, if the applicant does not hold an operator’s licence granted by that authority, grant to him, pending the determination of the application, an operator’s licence expressed to continue in force until the date on which any licence granted on the application or on an appeal arising out of it is expressed to come into force or, if no licence is granted as aforesaid, until the application is refused; and a request for the grant of a licence under this subsection shall not for the purposes of section 63 or subsections (1) to (3) of section 64 of this Act be treated as an application for an operator’s licence but shall be so treated for the purposes of section 64(4) of this Act,. . .

Variation of operators' licences

68

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

• (a) that additional vehicles be specified therein, that the maximum number of trailers or of motor vehicles specified therein under paragraph (b) or (c) of section 61(1) of this Act be increased, or, if the licence does not permit the addition of authorised vehicles under the said paragraph (c), that it shall so permit and that a maximum be specified under that paragraph accordingly; or

• (b) that vehicles specified therein be removed therefrom or that any such maximum as is mentioned in paragraph (a) of this subsection be reduced; or

• (c) that an alteration or addition be made in or to any of the matters specified for the purposes of the Goods Vehicles (Operators Licences, Qualifications and Fees) Regulations 1984 in a standard licence as defined in Regulations 3(2) of those Regulations

• (d) that an alteration be made in any condition attached to the licence under section 66 of this Act or that any such condition be removed;

or

• (e) that a restricted licence as defined in Regulation 3(2) of the said Regulations of 1984 be converted into a standard licence as defined in that Regulation, or vice versa.

• (2) A person applying for a direction under this section shall give to the licensing authority such information as he may reasonably require for the discharge of his duties in relation to the application.

• (3) Any information or particulars to be given to a licensing authority under subsection (2) of this section shall be given in such form as the authority may require.

• (4) Except in the following cases, that is to say—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) where the application is for a direction under subsection (1)(b) of this section; or

• (bb) where an application is for a direction as referred to in subsection (1)(c) or (e) of this section; or

• (c) where the licensing authority is satisfied that the application is of so trivial a nature that it is not necessary that an opportunity should be given for objecting to it,

the licensing authority shall publish notice of any application under this section in the manner provided for the publication of notices under subsection (1) of section 63 of this Act; and where notice of the application is published in pursuance of this subsection the other provisions of the said section 63 and the provisions of section 64 of this Act shall, so far as applicable and subject to any necessary modifications, apply to that application as they apply to an application for the grant of an operator’s licence of which notice is published under subsection (1) of the said section 63.

• (5) If an applicant under this section so requests, the licensing authority may, pending the determination of the application, give an interim direction under this section, that is to say, a direction expressed to continue in force only until the application, and any appeal arising out of it, have been disposed of; and a request for such a direction shall not for the purposes of subsection (4) of this section be treated as an application under this section.

Revocation, suspension and curtailment of operators' licences

69

• (1) Subject to the provisions of this section, the licensing authority by whom an operator’s licence was granted may direct that it be revoked, suspended, terminated on a date earlier than that on which it would otherwise expire under section 67 of this Act or curtailed on any of the following grounds—

• (a) that the holder of the licence has contravened. . . or any condition attached to his licence under section 66 of this Act;

• (b) that during the five years ending with the date on which the direction is given there has been (whether before or after the day on which this section comes into force)—

• (i) any such conviction as is mentioned in paragraphs (a) to (ffff) of subsection (4) of this section or any such prohibition as is mentioned in paragraph (h) of that subsection; or

• (ii) any such conviction as is mentioned in paragraph (g) of that subsection on occasions appearing to the licensing authority to be sufficiently numerous to justify the giving of a direction under this subsection;

• (c) that the holder of the licence made or procured to be made for the purposes of his application for the licence, or for the purposes of an application for the variation of the licence, a statement of fact which (whether to his knowledge or not) was false, or a statement of intention or expectation which has not been fulfilled;

• (d) that the holder of the licence has been adjudicated bankrupt or, where the holder is a company, has gone into liquidation (not being a voluntary liquidation for the purpose of reconstruction);

• (e) that there has been since the licence was granted or varied a material change in any of the circumstances of the holder of the licence which were relevant to the grant or variation of his licence;

• (f) that the licence is liable to revocation, suspension, premature termination or curtailment by virtue of a direction under subsection (6) of this section;

and during any time of suspension the licence shall be of no effect.

• (2) In any case in which a licensing authority has power to give a direction under the foregoing subsection in respect of any licence, the authority shall also have power to direct that there be attached to the licence any, or any additional, condition such as is mentioned in section 66 of this Act.

• (3) Where the existence of any of the grounds mentioned in subsection (1) of this section is brought to the notice of the licensing authority in the case of the holder of any licence granted by him, the authority shall consider whether or not to give a direction under this section in respect of that licence.

• (3A) Where the ground mentioned in subsection (1) of this section consists of a conviction mentioned in paragraph (ff) of subsection (4) of this section and there has been, within the 5 years preceding that conviction a previous conviction of the holder of the licence of the offence referred to in that paragraph, the licensing authority shall give a direction under this section to revoke the licence.

• (4) The convictions and prohibitions mentioned in subsection (1)(b) of this section are as follows—

• (a) a conviction, in relation to a goods vehicle, of the holder of the licence, or a servant or agent of his of an offence under section 46 of the Road Traffic Act 1972 or section 53 of the Road Traffic Act 1988 (plating certificates and goods vehicle test certificates) or, of contravening any provision (however expressed) contained in or having effect under any enactment (including any enactment passed after this Act) relating to—

• (i) the maintenance of vehicles in a fit and serviceable condition;

• (ii) limits of speed and weight laden and unladen, and the loading of goods vehicles;

• (iii) the licensing of drivers;

• (b) a conviction of the holder of the licence under—

• (i) this Part of this Act. . . ;

• (ii) section 233 or 235 of the Act of 1960 so far as applicable (by virtue of Schedule 10 to this Act) to licences, authorisations or means of identification under this Part of this Act. . . ;

• (iii) any regulation made under this Act which is prescribed for the purposes of this subsection;

• (c) a conviction, in relation to a goods vehicle, of the holder of the licence or a servant or agent of his under, or of conspiracy to contravene, Part VI of this Act or section 73 or 186 of the Act of 1960;

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

• (e) a conviction, in relation to a goods vehicle, of the holder of the licence under, or of conspiracy to contravene, section 200 of the Customs and Excise Act 1952, section 11 of the Hydrocarbon Oil (Customs and Excise) Act 1971 or section 13 of the Hydrocarbon Oil Duties Act 1979 (unlawful use of rebated fuel oil);

• (ee) a conviction of the holder of the licence or a servant or agent of his of a contravention, in relation to an international road haulage permit, within the meaning of the Road Traffic Act 1988, of section 169 or 170 of the Road Traffic Act 1972 or of section 173 or 174 of the Road Traffic Act 1988;

• (eee) a conviction of the holder of the licence or a servant or agent of his under section 2 of the International Road Haulage Permits Act 1975.

• (f) a conviction of the holder of the licence under section 18 of the Royal Safety Act 1967 or section 59 of the Road Traffic Act 1972or section 74 of the Road Traffic Act 1988 (operator’s duty to inspect, and keep records of inspection of, goods vehicles);

• (ff) a conviction of the holder of a licence of an offence under Regulation 33(2) of the Goods Vehicles (Operators’ Licences Qualifications and Fees) Regulations 1984;

• (fff) a conviction of the holder of the licence of an offence under Regulation 33(3) of the said Regulations of 1984;

• (ffff) a conviction of the holder of the licence or a servant or agent of his under—

• (i) section 3 of the Control of Pollution Act 1974;

• (ii) section 2 of the Refuse Disposal (Amenity) Act 1978;

• (iii) section 1 of the Control of Pollution (Amendment) Act 1989; and

• (iv) section 33 of the Environmental Protection Act 1990.

• (g) a conviction, in relation to a goods vehicle, of the holder of the licence, or a servant or agent of his, of contravening

• (i) any provision (however expressed) which prohibits or restricts the waiting of vehicles, being a provision contained in an order made under section 1, 6, 9 or 12 of the Road Traffic Regulation Act 1984 (including any such order made by virtue of paragraph 3 of Schedule 9 to that Act) or under any enactment repealed by that Act and re-enacted by any of those sections(including any such order made by virtue of section 84A(2) of the Road Traffic Regulation Act 1976);

or

• (ii) any provision included in a traffic regulation order, within the meaning of section 1 of that Act, by virtue of section 2(4) of the Road Traffic Regulation Act 1984 (lorry routes) or section 1(3AA) of the Road Traffic Regulation Act 1967.

• (h) a prohibition of the use of a vehicle under section 184 of the Act of 1960 or of the driving of a vehicle under section 16 of the Road Safety Act 1967 or section 57 of the Road Traffic Act 1972or section 69 or 70 of the Road Traffic Act 1988, being a vehicle of which the holder of the licence was the owner when the prohibition was imposed.

• (5) Where the licensing authority directs that an operator’s licence be revoked, the authority may order the person who was the holder thereof to be disqualified, indefinitely or for such period as the authority thinks fit, from holding or obtaining an operator’s licence, and so long as the disqualification is in force—

• (a) notwithstanding anything in section 64 of this Act, no operator’s licence shall be granted to him and any operator’s licence obtained by him shall be of no effect; and

• (b) if he applies for or obtains an operator’s licence he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

An order under this subsection may be limited so as to apply only to the holding or obtaining of an operator’s licence in respect of the area of one or more specified licensing authorities and, if the order is so limited, paragraphs (a) and (b) of this subsection shall apply only to any operator’s licence to which the order applies; but, notwithstanding section 61(2)(b) of this Act, no other operator’s licence held by the person in question shall authorise the use by him of any vehicle at a time when its operating centre is in an area in respect of which he is disqualified by virtue of the order.

• (6) Where the licensing authority makes an order under subsection (5) of this section in respect of any person, the authority may direct that if that person, at any time or during such period as the authority 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 in question applies; or

• (ii) a company of which such a company as aforesaid is a subsidiary; or

• (b) operates any goods vehicles in partnership with a person who holds such a licence,

that licence of that company, or, as the case may be, of that person, shall be liable to revocation, suspension , premature termination or curtailment under this section.

• (7) The powers conferred by subsections (5) and (6) of this section in relation to the person who was the holder of a licence shall be exercisable also, where that person was a company, in relation to any director of that company, and, where that person operated the authorised vehicles in partnership with other persons, in relation to any of those other persons.

• (7A) Where a licensing authority directs that an operator’s licence be suspended or curtailed, the authority may order that—

• (a) in the case of a suspension, any motor vehicle specified in the licence may not be used under any other operator’s licence, notwithstanding any authorisation under section 61(1)(c) of this Act, or

• (b) in the case of a curtailment having the effect of removing any motor vehicle from the licence, the motor vehicle may not be used as mentioned in paragraph (a) above and shall not be capable of being effectively specified in any other operator’s licence,

and an order made under this subsection shall cease to have effect on such date, not being more than 6 months after the order is made, as may be specified therein or, if it is earlier, on the date on which the licence which is directed to be suspended or curtailed ceases to be in force.

• (8) A licensing authority who has made an order or given a direction under subsection (5), (6) (7) or (7A) of this section may, in such circumstances as may be prescribed, cancel that order or direction.

• (9) A licensing authority shall not—

• (a) give a direction under subsection (1) or (2) of this section in respect of any licence; or

• (b) make an order or give a direction under subsection (5), (6) or (7) of this section in respect of any person,

or

• (c) make an order under subsection (7A) of this section in respect of any vehiclewithout first holding an inquiry if the holder of the licence or that person, as the case may be, requests him to do so.

• (10) The licensing authority may direct that any direction or order given or made by him under subsection (1), (2), (5), (6) (7) or (7A) of this section shall not take effect until the expiration of the time within which an appeal may be made to the Transport Tribunal against the direction or order and, if such an appeal is made, until the appeal has been disposed of; and if the licensing authority refuses to give a direction under this subsection the holder of the licence, or, as the case may be, the person in respect of whom the direction or order was given or made under any of those subsections, may apply to the tribunal for such a direction, and the tribunal shall give its decision on the application within fourteen days.

• (11) 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 as defined in section 744 of the Companies Act 1985.

Rights of appeal in connection with operators' licences

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• (1) Subject to subsection (2) of this section, a person who—

• (a) being an applicant for, or for the variation of, an operator’s licence, is aggrieved by the refusal of the application or, as the case may be, by the terms or conditions of the licence or of the variation; or

• (b) being the holder of an operator’s licence in respect of which, or a person in respect of whom, or the holder of an operator’s licence which specifies a motor vehicle in respect of which a direction or order has been given or made under section 61(6) or 69(1) to (7A)or 69F(1) of this Act, is aggrieved by that direction or order, or

• (c) having duly made an objection to an application for, or for the variation of, an operator’s licence, is aggrieved by the grant of the application,

may appeal to the Transport Tribunal.

• (2) No appeal shall lie under the foregoing subsection on the ground that a direction has been given under subsection (3) of section 67 of this Act if it has been given by virtue of paragraph (b) of the said subsection (3).

Special authorisations for use of large goods vehicles

Control of the use of large goods vehicles

71

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

• (6) For the purposes of. . . the subsequent provisions of this Part of this Act, a large goods vehicle is a goods vehicle (other than a hauling vehicle) which—

• (a) has a relevant plated weight exceeding 16260 kilograms or (not having a relevant plated weight) has an unladen weight exceeding 5080; or

• (b) forms part of a vehicle combination (not being an articulated combination) which is such that—

• (i) if all the vehicles comprised in the combination (or all of them except any small trailer) have relevant plated weights, the aggregate of the relevant plated weights of the vehicles comprised in the combination (exclusive of any such trailer) exceeds 16260 kilograms;

• (ii) in any other case, the aggregate of the unladen weights of those vehicles (exclusive of any such trailer) exceeds 5080; or

• (c) forms part of an articulated combination which is such that—

• (i) if the trailer comprised in the combination has a relevant plated weight, the aggregate of the unladen weight of the motor vehicle comprised in the combination and the relevant plated weight of that trailer exceeds 16260 kilograms;

• (ii) in any other case, the aggregate of the unladen weights of the motor vehicle and the trailer comprised in the combination exceeds 5080.

In any provision of this subsection “relevant plated weight” means a plated weight of the description specified in relation to that provision by regulations; and in paragraph (b) of this subsection “small trailer” means a trailer having an unladen weight not exceeding 1020 kilograms.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In this section—

• “hauling vehicle” means a motor tractor, a light locomotive, a heavy locomotive or the motor vehicle comprised in an articulated combination;

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for special authorisations

72

Objections to grant of special authorisations

73

• (1) Where a licensing authority receives an application for a special authorisation, the authority shall, subject to subsection (2) of this section and to section 75 of this Act, send a copy of the application to the Railways Board and, unless the application is made by the Freight Corporation, to that Corporation.

• (2) Where an application for a special authorisation is accompanied by a statement signed by a person on behalf of the Railways Board or the Freight Corporation to the effect that the body in question has no objection to the application, no copy of the application shall be sent to that body under subsection (1) of this section ; and where an application for a special authorisation is made solely for the purpose of section 71(1)(b) of this Act, no copy of the application shall be sent to the Freight Corporation.

• (3) Within fourteen days of the date on which a copy of an application for a special authorisation is sent to either of the said bodies under subsection (1) of this section that body may, by a notice sent to the licensing authority and the applicant, object to the grant of the application—

• (a) in respect of the whole of the transport service proposed to be provided in pursuance of the special authorisation ; or

• (b) in respect of any part of that service,

on the ground that the service or part can be provided by that body, or by a subsidiary of that body, wholly or partly by rail.

• (4) A service or part of a service to which an objection under this section relates is hereafter in this Part of this Act referred to as " the disputed service ".

• (5) If an objection is duly made under this section—

• (a) the body making the objection shall submit to the licensing authority a statement containing particulars of the manner in which, and the charges at which, the disputed service can be provided by that body, or by a subsidiary of that body, wholly or partly by rail, and of any other matters on which that body relies for the purposes of the objection ;

• (b) the applicant shall submit to the licensing authority a statement containing particulars of the grounds on which he relies in support of his application;

and, unless on a consideration of those statements it appears to the licensing authority that the application can, without further investigation, be granted in accordance with section 74 of this Act in respect of the whole of the disputed service, the licensing authority shall, before coming to a decision on the application, send to the applicant and the objector a copy of, the statement submitted by the other party and hold an inquiry.