Transport Act 1968

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

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

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

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

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

• (a) in subsection (2)(b)—

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

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

• (b) in subsection (3)—

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

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

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

9

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

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

10

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

11

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

12

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

SCHEDULE 17

Part I

Provisions extending to Northern Ireland

Part II

Modifications

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

SCHEDULE 18

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

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

PART III — Miscellaneous Repeals

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

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

9A

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

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

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

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

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

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

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

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

• (a) the frequency or timing of the service;

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

• (c) the vehicles used to provide the service.

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

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

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

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

• (6) It shall be the duty—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

shall be read as if contained in that Act.

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

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

• (b) subsection (3A) were omitted;

• (c) in subsection (5)—

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

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

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

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

• (a) the West Yorkshire Combined Authority;

• (b) the West Midlands Combined Authority.

9B

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

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

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

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

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

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

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

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

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

• (4) The Authority shall also—

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

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

13A

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

15A

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

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

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

• (4) This section does not apply to—

• (a) the West Yorkshire Combined Authority, or

• (b) the West Midlands Combined Authority.

23A

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

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

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

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

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

Assistance for rural bus or ferry services.

Financial provisions as to Boards and new authorities.

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

Manufacture, repair and supply.

Subsidiaries and joint subsidiaries.

Provisions with respect to Holding Company.

57A

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

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

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

Provisions with respect to Holding Company.

61A

• (1) An operator’s licence—

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

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

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

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

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

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

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

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

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

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

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

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

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

64A

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

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

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

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

• (b) different motor vehicles are specified in it;

• (c) it includes a provision such as is mentioned in section 61(1A) of this Act;

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

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

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

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

64B

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

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

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

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

• (3) The licensing authority shall not—

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

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

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

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

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

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

67A

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

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

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

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

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

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

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

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

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

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

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

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

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

68A

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

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

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

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

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

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

69A

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

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

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

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

69B

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

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

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

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

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

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

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

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

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

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

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

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

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

69C

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

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

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

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

• (c) the hours at which operations of any prescribed description may be carried on at any such centre.

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

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

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

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

69D

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

69E

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

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

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

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

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

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

Further provisions about operating centres

69EA

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

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

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

• (b) each consecutive period of five years.

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

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

69EB

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

• (a) on grounds other than environmental grounds; or

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

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

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

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

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

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

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

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

69EC

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

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

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

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

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

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

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

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

• (c) that a provision such as is mentioned in section 61(1A) of this Act be included in the licence;

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

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

69ED

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

69F

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

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

69G

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

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

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

• (b) shall in either case be stated in the notice of the application published under section 63(1) of this Act or (as the case may be) under section 68(4) of this Act.

• (3) In making any of the following determinations, that is to say—

• (a) any determination with respect to the suitability of any place on environmental grounds for use as an operating centre for authorised vehicles under an operator’s licence;

the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description.

• (4) In making any such determination for the purposes of exercising any of his powers under sections 69B to 69D of this Act in relation to an application for or for the variation of, an operator’s license, the licensing authority shall also have regard to—

• (a) any information supplied by the applicant in accordance with section 68, 69A or 69D of this Act; and

• (b) any objections or representations duly made under section 69B or 69D.

• (5) Any statement or information to be given to a licensing authority under section 69A or 69D of this Act shall be given in such form as the authority may require.

• (6) For the purposes of sections 69D(5)(b) and 69(3) of this Act an application for a variation of an operator’s licence shall be taken to relate to an operating centre of the holder of the licence if any

69H

• (1) In making any determination of a description mentioned in subsection (2) of this section, the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description.

• (2) The determinations referred to are—

• (a) any determination with respect to the suitability of any place on environmental grounds for use as an operating centre of the holder of an operator’s licence;

• (b) any determination with respect to attaching any condition such as is mentioned in section 69C of this Act to an operator’s licence or varying or removing any such condition attached to an operator’s licence; and

• (c) any determination with respect to the effect on environmental conditions in any locality of the use in any particular manner of any operating centre of the holder of an operator’s licence.

• (3) In making any such determination for the purposes of exercising—

• (a) any of his functions in relation to an application for, or for the variation of, an operator’s licence; or

• (b) any of his functions under sections 69EA to 69EC of this Act,

the licensing authority may take into account any undertakings given by the applicant or licence-holder (or procured by him to be given) for the purposes of the application or the review under sections 69EA to 69EC, and may assume that those undertakings will be fulfilled.

• (4) In making for those purposes a determination of a description mentioned in subsection (2)(a) or (c) of this section, the licensing authority may take into account any conditions such as are mentioned in section 69C of this Act that could be attached to the licence in question, and may assume that any conditions so attached will not be contravened.

• (5) Where the licensing authority—

• (a) grants an application for, or for the variation of, an operator’s licence; or

• (b) having served notice under section 69EA of this Act in respect of any place specified in such a licence, exercises or determines not to exercise any of his powers under sections 69EB and 69EC of this Act in relation to that place,

any undertakings taken into account by the authority under subsection (4) of this section that the authority considers to be material to the application or (as the case may be) to his decision under sections 69EB and 69EC shall be recorded in the licence in question.

Operators’ licences: supplementary provisions

69I

• (1) In considering any financial question which appears to him to arise in relation to the exercise of his functions under this Part of this Act or the Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984, the licensing authority may be assisted by an assessor drawn from a panel of persons appointed for that purpose by the Secretary of State.

• (2) The Secretary of State shall pay to any such assessor in respect of his services such remuneration as may be determined by the Secretary of State with the consent of the Treasury.

69J

• (1) Subject to subsection (2) of this section, the licensing authority may review and, if he thinks fit, vary or revoke any decision of his to grant or refuse—

• (a) an application for an operator’s licence; or

• (b) an application for the variation of such a licence in a case where section 68(4) of this Act required notice of the application to be published,

if he is satisfied that a procedural requirement imposed by or under any enactment has not been complied with in relation to the decision.

• (2) The licensing authority may only review a decision under subsection (1) of this section—

• (a) if, within such period after taking the decision as may be prescribed, he has given notice to the applicant or (as the case may be) the licence-holder that he intends to review the decision;

• (b) if, within that period, a person who appears to him to have an interest in the decision has requested him to review it; or

• (c) where neither paragraph (a) nor paragraph (b) of this subsection applies, if he considers there to be exceptional circumstances that justify the review.

• (3) Regulations may make provision as to the manner in which notices under subsection (2)(a) of this section are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served).

• (4) The variation or revocation of a decision under this section shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.

85A

Regulations may provide for this Part of this Act to apply in relation to partnerships with such modifications as may be specified in the regulations.

97A

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

97AA

• (1) A person who, with intent to deceive, forges, alters or uses any seal on recording equipment installed in, or designed for installation in, a vehicle to which section 97 or 97ZA of this Act applies, shall be guilty of an offence.

• (2) A person guilty of an offence under subsection (1) above shall be liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years, or

• (b) on summary conviction, to a fine not exceeding the statutory maximum.

• (3) In the application of this section to England and Wales a person “forges” a seal if he makes a false seal in order that it may be used as genuine.

97B

• (1) Where recording equipment is installed in a vehicle to which this Part of this Act applies, any record produced by means of the equipment shall, in any proceedings under this Part of this Act, be evidence, and in Scotland sufficient evidence, of matters appearing from the record.

• (2) Any entry made on a record sheet or printout by a driver for the purposes of—

• (a) Article 34(1), (3), (4) or (6) or 37(2) of the EU Tachographs Regulation, or

• (b) Article 12(1), (2) or (5) or 13(2)(a) of the Annex to the AETR,

shall, in any proceedings under this Part of this Act, be evidence, and in Scotland sufficient evidence, of the matters appearing from that entry.

99A

• (1) If—

• (a) the driver of a UK vehicle obstructs an authorised person in the exercise of his powers under subsection (2) or (3) of section 99 or under section 99ZB of this Act or fails to comply with any requirement made by an authorised person under subsection (1) of section 99 or under any of sections 99ZA to 99ZC of this Act,

• (b) it appears to an authorised person that, in relation to a UK vehicle or its driver, there has been a contravention of any of the provisions of—

• (i) sections 96 to 98 of this Act and any orders or regulations under those sections, or

• (ii) the applicable Community rules,

or that there will be such a contravention if the vehicle is driven on a road, or

• (c) it appears to an authorised person that an offence under section 99(5) or section 99ZE of this Act has been committed in respect of a UK vehicle or its driver,

the authorised person may prohibit the driving of the vehicle on a road either for a specified period or without limitation of time.

• (2) Where an authorised person prohibits the driving of a vehicle under this section, he may also direct the driver to remove the vehicle (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle in accordance with that direction.

• (3) On imposing a prohibition under subsection (1) of this section, the authorised person shall give notice in writing of the prohibition to the driver of the vehicle, specifying the circumstances (as mentioned in paragraph (a), (b) or (c) of that subsection) in consequence of which the prohibition is imposed and stating whether it is imposed only for a specified period (and if so specifying the period) or without limitation of time.

• (4) Any direction under subsection (2) of this section may be given—

• (a) in the notice under subsection (3) of this section, or

• (b) in a separate notice in writing given to the driver of the vehicle.

• (5) In this section—

• “authorised person” means—an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, ora constable authorised to act for the purposes of this section by or on behalf of a chief officer of police;

• “UK vehicle” means a vehicle registered under the Vehicle Excise and Registration Act 1994.

• (6) Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under subsection (1) of this section and about their removal and disposal.

99B

• (1) Subject to any exemption granted under subsection (2) of this section, a prohibition under subsection (1) of section 99A of this Act shall come into force as soon as notice of it has been given in accordance with subsection (3) of that section and shall continue in force—

• (a) until it is removed under subsection (3) of this section, or

• (b) in the case of a prohibition imposed for a specified period, until it is removed under that subsection or that period expires, whichever first occurs.

• (2) Where notice of a prohibition has been given under section 99A(3) of this Act in respect of a vehicle, an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purposes as may be specified in the exemption may be granted by any authorised person.

• (3) A prohibition under section 99A(1) of this Act may be removed by any authorised person, if he is satisfied that appropriate action has been taken to remove or remedy the circumstances (as mentioned in paragraph (a), (b) or (c) of section 99A(1) of this Act) in consequence of which the prohibition was imposed; and on doing so the authorised person shall give notice in writing of the removal of the prohibition to the driver of the vehicle.

• (4) In this section, “authorised person” has the same meaning as in section 99A of this Act.

99C

Any person who—

• (a) drives a vehicle on a road in contravention of a prohibition imposed under section 99A(1) of this Act,

• (b) causes or permits a vehicle to be driven on a road in contravention of such a prohibition, or

• (c) refuses or fails to comply within a reasonable time with a direction given under section 99A(2) of this Act,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

102A

• (1) This Part of this Act and section 255 of the Road Traffic Act 1960 in its application thereto shall not apply to tramcars or trolley vehicles operated under statutory powers.

• (2) In this section “operated under statutory powers” means, in relation to tramcars or trolley vehicles, that their use is authorised or regulated by special Act of Parliament or by an order having the force of an Act.

• (3) Subsection (1) above shall have effect subject to any such Act or order as is mentioned in subsection (2) above, and any such Act or order may apply to tramcars or trolley vehicles to which it relates any of the provisions excluded by the said subsection (1).

Power to stop

Classification of ... waterways.

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

Compensation for loss of employment etc.

Compensation for loss of employment etc.

Amalgamated Passenger Transport Limited.

Schedule 8A

THE TRANSPORT ACT 1962

THE ROAD SAFETY ACT 1967

The Road Traffic Act 1960

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

Editorial notes