Transport Act 1980

• (3) References in this Part to the undertaking of the Corporation are references to all the property, rights, liabilities and obligations of the Corporation, whether or not of such a nature that they could be assigned by the Corporation.

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

• (5) The Minister may by order made by statutory instrument nominate for the purposes of this section a company formed and registered under the Companies Act 1948 which on the appointed day satisfies the following requirements, that is to say—

• (a) it is a company limited by shares; and

• (b) all the issued shares of the company are held by the Minister or by nominees for him.

• (6) This section shall have effect subject to the provisions of Schedule 6, being supplementary provisions with respect to the transfer by virtue of this section of the undertaking of the Corporation to the successor company; but nothing in those provisions shall be taken as prejudicing the general effect of subsection (1).

Initial government holding in successor company

46

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

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

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

• (4) Securities of the successor company held by the Minister or by nominees for him shall not be disposed of except with the consent of the Treasury and in such manner and on such terms as the Treasury may direct.

• (5) Subject to section 49(5), any dividends or other sums received by the Minister, or by nominees for him, in right of, on the disposal of, or otherwise in connection with, any securities of the successor company shall be paid into the Consolidated Fund.

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

Transitional provisions with respect to reserves, etc.

47

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

Dissolution and final accounts of National Freight Corporation. 6 F

48

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

Funding of certain pension obligations

Funding of relevant pension obligations

49

• (1) If it appears to the Minister, having determined that all or any of the securities of the successor company held by him or by nominees for him should be offered for sale, that on the date on which those securities are to be so offered the relevant pension obligations will not be completely funded, he may, with the consent of the Treasury, undertake to make to the persons administering the relevant pension schemes such payments towards the funding of those obligations as he may specify in the undertaking.

• (2) An undertaking under subsection (1)—

• (a) shall specify the aggregate amount of the payments which the Minister proposes to make in pursuance of the undertaking; and

• (b) shall be conditional on the amount received by the Minister in consideration for the disposal of the securities being not less than that amount.

• (3) If the Minister gives an undertaking under subsection (1) but the condition mentioned in subsection (2) is not fulfilled, he may nevertheless, with the consent of the Treasury, make to the persons administering the relevant pension schemes such payments towards the funding of the relevant pension obligations as he thinks fit.

• (4) If no undertaking is given under subsection (1) but it appears to the Minister that, on the date on which all or any of the securities of the successor company held by him or by nominees for him are offered for sale, the relevant pension obligations are not completely funded, he may, with the consent of the Treasury, make to the persons administering the relevant pension schemes such payments towards the funding of those obligations as he thinks fit.

• (5) The aggregate amount of any payments made under subsection (3) or (4) shall not exceed the amount received in consideration for the disposal of the securities of the successor company; and the sums required for making any such payments or any payments in pursuance of an undertaking under subsection (1) shall be paid out of that amount.

• (6) In this section—

• “the relevant pension obligations” has the meaning given by section 50;

• “the relevant pension schemes” means the National Freight Corporation (Salaried Staff) Pension Fund, the National Freight Corporation (Wages Grades) Pension Fund and the N.F.C. (1978) Pension Fund;

and for the purposes of this section the N.F.C. (1978) Pension Fund shall be taken to comprise the pension schemes specified or described in the Schedule to the Central Trust deed within the meaning of the National Freight Corporation (Central Trust) Order 1978.

Meaning of " the relevant pension obligations "

50

• (1) In section 49 “the relevant pension obligations” means, subject to subsection (2)—

• (a) any obligations of the successor company or a relevant subsidiary which were owed on 1st April 1975 (“the operative date”) in connection with any of the relevant pension schemes; and

• (b) where any such obligation is one to pay or secure the payment of pensions, any obligation of the successor company or a relevant subsidiary arising after the operative date to pay or secure the payment of increases of those pensions; and

• (c) any obligation of the successor company or a relevant subsidiary arising after the operative date to pay or secure the payment of increases payable under any of the relevant pension schemes, being increases of pensions payable under any other pension scheme established before that date (whether one of the relevant pension schemes or not); and

• (d) any obligation of the successor company or a relevant subsidiary which results from an amendment made to any of the relevant pension schemes by virtue of section 74 of the Transport Act 1962 after the operative date and before 1st January 1980.

• (2) The definition in subsection (1) does not include—

• (a) any obligation which, in relation to one of the relevant pension schemes, is a relevant pension obligation for the purposes of Part III;

• (b) any obligation to pay or secure the payment of increases of pensions in excess of increases payable on official pensions under the Pensions (Increase) Act 1971 and section 59 of the Social Security Pensions Act 1975;

• (c) any obligation to pay contributions in respect of current periods of employment of a member of a scheme;

• (d) any obligation to pay expenses incurred in connection with a scheme which is specifically imposed on the body by which it is owed;

• (e) any obligation owed by a body in their capacity as the trustees of a scheme or the persons administering a scheme; and

• (f) any obligation in respect of which the body by which it is owed have a right to indemnified by any other body.

• (3) In this section—

• “pension”, in relation to any of the relevant pension schemes, has the same meaning as in Part III;

• “the relevant pension schemes” has the same meaning as in section 49;

• “relevant subsidiary” means any subsidiary of the successor company other than National Carriers Limited and any subsidiary of National Carriers Limited;

• “subsidiary” has the same meaning as in the Transport Act 1962.

• (4) For the purposes of this section—

• (a) any increase in an obligation which results from an amendment made to a scheme after the operative date shall be treated as a separate obligation; and

• (b) where at any time, whether before or after the operative date, any pensions or increases payable under any of the relevant pension schemes are or have been paid by any person, that person shall be treated as being or having been under an obligation at that time to make those payments.

Supplementary

Interpretation of Part II and consequential amendments

51

• (1) In this Part—

• “the appointed day” has the meaning given by section 45(2);

• “the Corporation” has the meaning given by section 45(1);

• “securities” of the successor company includes shares, debentures, debenture stock, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;

• “shares” includes stock;

• “the successor company” has the meaning given by section 45(1);

and references to the undertaking of the Corporation shall be construed in accordance with section 45(3).

• (2) The enactments mentioned in Schedule 7 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Part.

PART III — RAILWAY ETC. PENSIONS

Payments by Minister in respect of B.R. and N.F.C pension schemes

52

• (1) Subject to the provisions of this section and sections 52A to 52D and 58,, the Minister shall, in relation to each B.R. or N.F.C. pension scheme and for each financial year, make to the persons administering the scheme payments equal in aggregate to the product of—

• (a) the proportion determined under section 54(1) as the proportion of the relevant pension obligations which has not been funded;

• (b) the proportion determined in relation to that year under section 55(1) as the proportion of the pensions, increases and expenses payable under or incurred in connection with the scheme which corresponds to those obligations; and

• (c) the aggregate amount of the pensions, increases and expenses payable under or incurred in connection with the scheme for that year.

• (2) Where in the case of any such scheme the funding of the relevant pension obligations has, by virtue of subsection (3) of section 54, been left out of account in making a determination under subsection (1) of that section, the aggregate amount of the payments made under subsection (1) to the persons administering the scheme shall be reduced for each financial year—

• (a) by the amount of any income accruing to the scheme for that year which may be applied towards the payment of such of the pensions, increases and expenses payable under or incurred in connection with the scheme as correspond to the obligations; and

• (b) in the case of the first financial year, by an amount equal to the value of the assets by which the obligations are funded.

• (3) Where, for any financial year, the aggregate amount of the payments made under subsection (1) to the persons administering any such scheme requires adjustment by reason of—

• (a) any variation between the proportion finally determined under section 55(1) in relation to that year and the proportion previously so determined; or

• (b) any unforeseen increase or reduction in the aggregate amount of the pensions, increases and expenses payable under or incurred in connection with the scheme for that year,

that adjustment shall be made by increasing or, as the case may require, reducing the aggregate amount of the payments made under subsection (1) for the following financial year.

• (4) Payments under subsection (1) shall be made, so far as practicable, not later than the day on which the pensions, increases and expenses to which they relate fall to be paid or incurred.

• (5) The making of any payment under subsection (1) shall be subject to compliance with such conditions as to the keeping of records, the issue of certificates and the auditing of accounts as the Minister may with the approval of the Treasury determine.

• (6) Any sums required for making payments under subsection (1) shall be paid out of money provided by Parliament.

Meaning of " the relevant pension obligations "

53

• (1) In this Part “the relevant pension obligations”, in relation B.R. pension scheme, means subject to subsection (3)—

• (a) any obligations of the Authority which were owed by the Board on 1st January 1975 (“the operative date”) in connection with the scheme; and

• (b) where any such obligation is one to pay or secure the payment of pensions, any obligation of the Authority which arose as an obligation of the Board after the operative date or was never an obligation of the Board to pay or secure the payment of increases of or sums representing accrued rights in respect of those pensions; and

• (c) any obligation of the Authority which arose as an obligation of the Board after the operative date or was never an obligation of the Boardto pay or secure the payment of increases payable under the scheme, being increases of pensions payable under any other pension scheme established before that date (whether a B.R. pension scheme or not).

• (2) In this Part “the relevant pension obligations”, in relation to an N.F.C. pension scheme, means subject to subsection (3)—

• (a) any obligations of the successor company or a relevant subsidiary which were owed on 1st April 1975 (“the operative date”) in connection with the scheme; and

• (b) where any such obligation is one to pay or secure the payment of pensions, any obligation of the successor company or a relevant subsidiary arising after the operative date to pay or secure the payment of increases of or sums representing accrued rights in respect of those pensions; and

• (c) any obligation of the successor company or a relevant subsidiary arising after the operative date to pay or secure the payment of increases payable under the scheme, being increases of pensions payable under any other pension scheme established before that date (whether an N.F.C. pension scheme or not); and

• (d) any obligation of the successor company or a relevant subsidiary which results from an amendment made to the scheme by virtue of section 74 of the Transport Act 1962 after the operative date and before 1st January 1980,

being (in each case) obligations which relate to employees or former employees of a relevant subsidiary or employees or former employees of the successor company or the Corporation who are or were employed as directors or managers of a relevant subsidiary.

• (3) The definitions in subsections (1) and (2) do not include—

• (a) any obligation to pay or secure the payment of increases of pensions in excess of increases payable on official pensions under the Pensions (Increase) Act 1971 and section 59 of the Social Security Pensions Act 1975;

• (b) any obligation to pay contributions in respect of current periods of employment of a member of a scheme;

• (c) any obligation to pay expenses incurred in connection with the management of a scheme which is specifically imposed on the body by which it is owed;

• (d) any obligation owed by a body in their capacity as the trustees of a scheme or the persons administering a scheme; and

• (e) subject to subsection (4), any obligation in respect of which the body by which it is owed have a right to be indemnified by any other body.

• (4) Subsection (3)(e) does not apply—

• (a) in the case of an obligation owed by the Authority, where the Authorityhas a right to be indemnified by the successor company;

• (b) in the case of an obligation owed by the successor company, where the successor company has a right to be indemnified by a relevant subsidiary;

• (c) in the case of an obligation owed by the successor company, where the successor company has a right to be indemnified by the Authority and the obligation relates to employees or former employees of Freightliners Limited or employees or former employees of the successor company or the Corporation who are or were employed as directors or managers of Freightliners Limited;

• (d) in the case of an obligation owed by a relevant subsidiary, where that subsidiary has a right to be indemnified by the successor company or by another relevant subsidiary; and

• (e) in the case of an obligation owed by Freightliners Limited, where Freightliners Limited has a right to be indemnified by the Authority.

• (5) In this section “relevant subsidiary” means National Carriers Limited, Freightliners Limited and any subsidiary of National Carriers Limited.

• (6) For the purposes of this section—

• (a) any increase in an obligation which results from an amendment made to a scheme after the operative date shall be treated as a separate obligation; and

• (b) where at any time, whether before or after the operative date, any pensions or increases payable under a B.R. or N.F.C. pension scheme are or have been paid by any person, that person shall be treated as being or as having been under an obligation at that time to make those payments.

Unfunded proportion of relevant pension obligations

54

• (1) The Minister shall, in relation to each B.R. or N.F.C. pension scheme—

• (a) determine, as soon as practicable after the passing of this Act, what proportion of the relevant pension obligations has not been funded; and

• (b) after consulting with persons administering the scheme and the Board or, as the case may be, the successor company, confirm or vary that determination, before the end of the first financial year, by a further determination of that proportion contained in an order.

• (2) Where at the time when a determination under subsection (1) falls to be made any class of the relevant pension obligations appear to be completely funded, that class of obligations and their funding may, if the Minister thinks fit, be left out of account in making that determination.

• (3) Where at the time when a determination under subsection (1) falls to be made the assets by which the relevant pension obligations are funded appear to be insufficient to meet such of the pensions, increases and expenses payable under or incurred in connection with the scheme for the first financial year as correspond to those obligations, that funding may, if the Minister thinks fit, be left out of account in making that determination.

• (4) An order under subsection (1)—

• (a) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament; and

• (b) may be varied or revoked by a subsequent order made before the end of the first financial year.

• (5) References in subsection (1) to a determination or further determination made by the Minister shall include references to a determination or further determination made by the actuary to the scheme and approved by the Minister.

Proportion of pensions, etc. which corresponds to relevant pension obligations

55

• (1) The Minister shall, in relation to each B.R. or N.F.C. pension scheme and for each financial year—

• (a) determine, before the beginning of the year or, in the case of the first financial year, as soon as practicable after the passing of this Act, what proportion of the pensions, increases and expenses payable under or incurred in connection with the scheme corresponds to the relevant pension obligations; and

• (b) confirm or vary that determination, from time to time during the year and as soon as practicable after the end of the year, by a further determination of that proportion.

• (2) Where in the case of any such scheme any class of the relevant pension obligations and their funding have, by virtue of subsection (2) of section 54, been left out of account in making a determination under subsection (1) of that section, that class of obligations shall not be regarded as relevant pension obligations for the purposes of any determination under subsection (1).

• (3) References in subsection (1) to a determination or further determination made by the Minister shall include references to a determination or further determination made by the actuary or auditor to the scheme and approved by the Minister.

Reduction of payments in respect of certain supplementation schemes

56

• (1) This section applies where, in relation to a B.R. or N.F.C. pension scheme (“the supplementation scheme”), the relevant pension obligations include obligations arising after the passing of this Act to pay or secure the payment of increases of pensions payable under any other pension scheme, being a scheme established by the Board or the Corporation (“the basic scheme”).

• (2) If the actuary to the basic scheme certifies that the assets of that scheme exceed its liabilities, then, in relation to the supplementation scheme, any obligation arising after the date of the actuary’s certificate to pay or secure the payment of any increases of pensions payable under the basic scheme or, if less, the relevant proportion of any such increases shall not be regarded as a relevant pension obligation for the purposes of any determination under section 55(1).

• (3) In subsection (2) “the relevant proportion”, in relation to any increases, means, subject to subsection (4), the proportion (if any) certified by the actuary to the basic scheme to be the proportion of those increases which, if payable under that scheme, could be funded by 75 per cent. of the amount by which the assets of that scheme exceed its liabilities.

• (4) Where any obligation arising after the date of a certificate under subsection (3) is an obligation to pay or secure the payment of a proportion only of any increases to which the certificate relates, then, in relation to that obligation, the relevant proportion for the purposes of subsection (2) shall be given by the formula—

$A+B-1A$

where A is the first mentioned proportion and B is the proportion certified by the actuary.

• (5) The Minister may direct the persons administering the basic scheme—

• (a) to arrange for the actuary to the scheme to certify whether or not the assets of the scheme exceed its liabilities; and

• (b) to send a copy of the actuary’s certificate to the Minister;

but no direction shall be given under this subsection within the period of three years beginning with the giving by the actuary of such a certificate.

• (6) References in this section to the assets and liabilities of the basic scheme are references to the assets and liabilities of that scheme so far as it relates to the payment of pensions increases of which are or are likely to become payable under the supplementation scheme.

Exclusion of payments in respect of certain transfer values

57

Where the whole or any part of a person’s accrued pension rights under a B.R. or N.F.C. pension scheme are transferred to any other pension scheme, being a scheme established by the Board or the successor company or any subsidiary of either of those bodies, the Minister may direct that for the purposes of—

• (a) any determination of the aggregate amount of the pensions, increases and expenses payable under or incurred in connection with the first-mentioned scheme; and

• (b) any determination under section 55(1) in relation to that scheme,

it shall be assumed that the said rights had not been transferred and that the payment of any sum representing those rights had not been made.

Consequential cancellation of debts owed by Board and Corporation

58

• (1) In consequence of the foregoing provisions of this Part—

• (a) the debts owed by the Board by virtue of sections 5 and 6 of the Railways Act 1974 (funding of the relevant pension obligations of the Board); and

• (b) the debts owed by the Corporation by virtue of sections 19 and 20 of the Transport Act 1978 (funding of the relevant pension obligations of the Corporation),

are hereby cancelled and those sections are hereby repealed.

• (2) Any payments in respect of the principal of or interest on any such debt—

• (a) which are made on or after 1st April 1980 and before the passing of this Act to the persons administering a scheme to which this subsection applies; and

• (b) in respect of which the Minister reimburses the Board or, as the case may be, the Corporation,

shall be deemed to be payments made to those persons in advance under section 52(1), and any money which is deemed to be money so paid, and any investments representing any such money, shall be left out of account in making any determination under section 54(1).

• (3) Subsection (2) applies to any B.R. or N.F.C. pension scheme other than one in the case of which the relevant pension obligations have been completely funded.

• (4) The Minister may discharge his liability to make any payment under section 52(1) to the persons administering a scheme to which subsection (2) applies by appropriating to that payment so much of any money which is deemed to be money paid to those persons in advance under section 52(1) as, with the appropriate interest thereon, is equal to the amount of that payment.

• (5) Any money which is deemed to be money paid in advance under section 52(1 ) shall carry interest for the period beginning with the date on which it was paid to the persons administering the scheme and ending with the date on which it is appropriated by the Minister at such rate as the Minister may with the consent of the Treasury determine.

Supplemental provisions

59

• (1) The making of any payment under section 52(1) to the persons administering any B.R. or N.F.C. pension scheme shall not discharge any relevant pension obligation so far as it is an obligation to pay pensions or increases of pensions under the scheme or is an obligation to secure the payment of those pensions or increases.

• (2) If the persons administering any such scheme or any other pension scheme established by the Board or the Corporation have no power to amend the scheme apart from this subsection, they may amend it by instrument in writing for the purpose of—

• (a) enabling them to pay increases of any pensions payable under the scheme; or

• (b) bringing the scheme into conformity with any provision of this Part;

and the power of amending any such scheme apart from this subsection may for either purpose be exercised without regard to any limitations on the exercise of the power and without compliance with any procedural provisions applicable to its exercise.

Interpretation of Part III

60

• (1) In this Part— “the Authority” means the Strategic Rail Authority”the Board” means the British Railways Board; ” B.R. pension scheme” means any section of the British Railways Superannuation Fund specified in Schedule 8 or any other pension scheme so specified; ”the Corporation” means the National Freight Corporation; ”first financial year”, in relation to a B.R. or N.F.C. pension scheme, means such period as—

• (a) begins on 1st April 1980; and

• (b) ends with the last day of an accounting year of the scheme,

and is a period of not less than twelve months and less than two years, and “financial year”, in relation to any such scheme, means that period and each successive accounting year of the scheme; ”N.F.C. pension scheme” means the National Freight Corporation (Salaries Staff) Pension Fund, the National Freight Corporation (Wages Grades) Pension Fund or the N.F.C. (1978) Pension Fund; ”pension”, in relation to a B.R. or N.F.C. pension scheme, means any pension, whether contributory or not, payable under the scheme to or in respect of any person and includes—

• (a) a gratuity or lump sum so payable;

• (b) a return of contributions to the scheme, with or without interest thereon or any other addition thereto;

• (c) any sum payable under the scheme on or in respect of the death of any person; and

• (d) any sum payable under the scheme in respect of any person and representing the whole or any part of his accrued pension rights under the scheme; ”the relevent pension obligations” has the meaning given by section 53; ”subsidiary” has the same meaning as in theTransport Act 1962; ”the successor company” has the same meaning as in Part II.

• (2) For the purposes of this Part—

• (a) the B.R. (1974) Pension Fund shall be taken to comprise the pension schemes specified or described in the Schedule to the Central Trust deed within the meaning of the British Railways (Central Trust) Order 1974; and

• (b) the N.F.C. (1 978) Pension Fund shall be taken to comprise the pension schemes specified or described in the Schedule to the Central Trust deed within the meaning of the National Freight Corporation (Central Trust) October 1978.

• (3) References in this Part to any pension scheme established by the Board include references to any scheme in relation to which the rights, liabilities and functions of the British Transport Commission were transferred to the Board by the British Transport Reorganisation (Pensions of Employees) (No. 3) Order 1962.

• (4) In relation to any time before the day appointed by the Minister for the purposes of Part II, references in this Part to the successor company shall be construed as references to the Corporation.

Part IV — Miscellaneous and General

Insurance or security in respect of private use of vehicle to cover use under car-sharing arrangements

61

Grants towards duty charged on bus fuel, and new bus grants

62

• (1) In subsection (8) of section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel), for the definition of “bus service” there shall be substituted— “ “bus service” means a stage carriage service within the meaning of Part I of the Transport Act 1980 which is available to the general public and is neither an excursion or tour within the meaning of that Part nor a service as regards which the condition specified in section 3(3)(a) of that Act (long journeys only) is satisfied; ”.

• (2) In section 32 of the Transport Act 1968 (new bus grants)—

• (a) in subsection (1), for the words “wholly or mainly as a stage carriage” there shall be substituted the words “ wholly or mainly in the operation of bus services ”; and

• (b) in subsection (2), after paragraph (c) there shall be inserted—

(d) “bus service” has the same meaning as in section 92 of the Finance Act 1965

.

Articulated vehicles

63

Roof-signs on vehicles other than taxis

64

• (1) There shall not, in any part of England and Wales outside the metropolitan police district and the City of London, be displayed on or above the roof of any vehicle which is used for carrying passengers for hire or reward but which is not a taxi—

• (a) any sign which consists of or includes the word “taxi” or “cab”, whether in the singular or plural, or “hire”, or any word of similar meaning or appearance to any of those words, whether alone or as part of another word; or

• (b) any sign, notice, mark, illumination or other feature which may suggest that the vehicle is a taxi.

• (2) Any person who knowingly—

• (a) drives a vehicle in respect of which subsection (1) is contravened; or

• (b) causes or permits that subsection to be contravened in respect of any vehicle,

shall be liable on summary conviction to a fine not exceeding [level 3 on the standard scale].

• (3) In this section “taxi” means a vehicle licensed under section 37 of the Town Police Clauses Act 1847, section 6 of the Metropolitan Carriage Act 1869, section 10 of the Civic Government (Scotland) Act 1982 or any similar local enactment.

Repeal of s. 2 of 1954 c. 64

65

The provisions of section 2 of, and Schedule 1 to, the Transport charges &c. (Miscellaneous Provisions) Act 1954 (which relate to charges on independent tramways, trolley vehicles and railways of the nature of a tramway), including those provisions as extended or applied by or under any other Act (including a local or private Act), shall cease to have effect.

Abolition of Freight Integration Council and repeal of certain provisions about special authorisations for use of large goods vehicles

66

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

Abolition of Railways and Coastal Shipping Committee

67

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

Expenses

68

There shall be paid out of money provided by Parliament—

• (a) any administrative expenses incurred by any government department in consequence of the provisions of this Act; and

• (b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

Repeals

69

The enactments mentioned in Schedule 9 (which include spent enactments) are hereby repealed to the extent specified in the third column of that Schedule.

Citation, etc.

70

• (1) This Act may be cited as the Transport Act 1980.

• (2) In this Act—

• “the Minister means the Secretary of State;

• “modification” includes addition, omission and alteration, and related expressions shall be construed accordingly;

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

• (3) The following provisions of this Act, namely—

• (c) sections ... 68 and this section;

• (d) Part II of Schedule 9 (and section 69 so far as it relates to that Part),

shall come into force on the passing of this Act.

• (5) Subject to subsections (3) and (4), this Act shall come into force on such day as the Minister may by order made by statutory instrument appoint, and different days may be appointed under this subsection for different purposes.

• (6) An order under subsection (5) may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Minister necessary or expedient in connection with the provisions thereby brought (wholly or partly) into force.

• (7) The following provisions of this Act do not extend to Northern Ireland, namely,—

• (a) Part I (which includes Schedules 1 to 5);

• (b) section 61 to 65 ...; and

• (c) Parts I and IV of Schedule 9 (and section 69 so far as it relates to those Parts).

SCHEDULES 1—3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART I — Sharing of Taxis and Hire-Cars

1

The making of the agreement for the payment of separate fares must not have been initiated by the driver or by the owner of the vehicle, by any person who has made the vehicle available under any arrangement, or by any person who receives any remuneration in respect of the arrangements for the journey.

2

• (1) The journey must be made without previous advertisement to the public of facilities for its being made by passengers to be carried at separate fares, except where the local authorities concerned have approved the arrangements under which the journey is made as designed to meet the social and welfare needs of one or more communities, and their approvals remain in force.

• (2) In relation to a journey the local authorities concerned for the purposes of this paragraph are those in whose area any part of the journey is to be made; and in this sub-paragraph " local authority " means—

• (a) in relation to England and Wales, the Greater London Council or a county council;

• (b) in relation to Scotland, a regional or islands council.

3

The journey must not be made in conjunction with, or in extension of, a service provided under a road service licence if the vehicle is owned by, or made available under any arrangement with, the holder of the licence or any person who receives any remuneration in respect of the service provided under it or in respect of arrangements for that service.

PART II — Parties of Overseas Visitors

4

Each of the passengers making the journey must have been outside Great Britain at the time of concluding his arrangements to make the journey.

PART III — Alternative Conditions Affecting Status or Classification

5

Arrangements for the bringing together of all the passengers for the purpose of making the journey must have been made otherwise than by, or by a person acting on behalf of—

• (a) the holder of the operator's licence under which the vehicle is to be used, if such a licence is in force,

• (b) the driver or the owner of the vehicle or any person who has made the vehicle available under any arrangement, if no such licence is in force,

and otherwise than by any person who receives any remuneration in respect of the arrangements.

6

The journey must be made without previous advertisement to the public of the arrangements therefor.

7

All the passengers must, in the case of a journey to a particular destination, be carried to, or to the vicinity of, that destination, or, in the case of a tour, be carried for the greater part of the journey.

8

No differentiation of fares for the journey on the basis of distance or of time must be made.

PART IV — Supplementary

9

For the purposes of paragraphs 2 and 6 no account shall be taken of any such advertisement as follows, that is to say—

• (a) a notice displayed or announcement made—

• (i) at or in any place of worship for the information of persons attending that place of worship;

• (ii) at or in any place of work for the information of persons who work there ; or

• (iii) by any club or other voluntary association at or in any premises occupied or used by the club or association ;

• (b) a notice or announcement contained in any periodical published for the information of, and circulating wholly or mainly among—

• (i) persons who attend or might reasonably be expected to attend a particular place of worship or a place of worship in a particular place ; or

• (ii) persons who work at a particular place of work or at any of two or more particular places of work; or

• (iii) the members of a. club or other voluntary association.

SCHEDULE 2

Applications for designation orders

1

• (1) not less than 21 days before making an application to the Minister for a designation order in respect of any area the local authority concerned shall publish in one or more relevant newspapers a notice describing the area in question and stating their intention to apply for a designation order in respect of it and the date on which they propose to make the application.

• (2) For the purposes of any notice under this paragraph a "relevant newspaper" is any local newspaper which the local authority concerned may consider appropriate.

2

• (1) Before making such an application the local authority concerned shall also notify—

• (a) every local authority (if any) whose area adjoins the area specified in the application ;

• (b) every district council whose area is wholly or partly comprised in, or adjoins, the area so specified ;

• (c) any person who is already providing a stage carriage service in the area so specified ; and

• (d) such organisations as appear to the local authority concerned appropriate as representing persons providing or employed in the provision of public passenger transport services in the area so specified.

• (2) In this paragraph " public passenger transport services " has the meaning given by section 1(2) of the Transport Act 1978.

3

Every application for a designation order shall be accompanied by the original or a copy of any representations in writing (by whoever made) which relate to the application and were received by the local authority concerned before the date on which the application is made; and before making a designation order the Minister shall consider any such representations.

Variation or revocation of designation orders

4

Before making an application to the Minister for an order under section 12(4) varying or revoking a designation order the local authority concerned—

• (a) shall notify—

• (i) every local authority (if any) whose area adjoins the trial area in question ;

• (ii) every district council whose area adjoins the trial area;

• (iii) any person who is for the time being providing a stage carriage service in the trial area; and

• (iv) such organisations as appear to the local authority concerned appropriate as representing persons providing or employed in the provision of public passenger transport services (within the meaning of paragraph 2) in the trial area ; and

• (b) shall consult with every district council whose area is wholly or partly comprised in the trial area.

5

Paragraph 3 shall apply in relation to an application for, and the making of, an order under section 12(4) as it applies in relation to an application for, and the making of, a designation order.

6

• (1) Subject to sub-paragraph (2), an order under section 12 which revokes or varies a designation order may contain such transitional provisions as the Minister thinks fit.

• (2) An order under section 12(4) which revokes a designation order or varies it so as to exclude from the area designated by it any part of that area shall contain such transitional provisions as the Minister thinks fit for securing that any person who has, throughout the relevant period ending with the date of the order, provided a stage carriage service which he will be unable to continue to provide after the time when the revocation or variation takes effect unless granted a road service licence in respect of it, can obtain as of right a road service licence that will enable him to continue to provide that service for as long as the licence remains in force after that time.

• (3) In sub-paragraph (2) " the relevant period ", in relation to an order under section 12(4), means such period of not less than three months as may be specified in the order.

SCHEDULE 3

Good repute

1

• (1) In determining whether an individual is of good repute, traffic commissioners shall have regard to all the relevant evidence and in particular to—

• (a) relevant convictions of his and of his employees and agents ; and

• (b) such other information as the commissioners may have as to his previous conduct, in whatever capacity, in relation to the operation of vehicles of any description in the course of a business.

• (2) In determining whether a company is of good repute, traffic commissioners shall have regard to all the relevant evidence and in particular to—

• (a) relevant convictions of the company and its officers, employees and agents;

• (b) such other information as the commissioners may have as to the previous conduct of—

• (i) the company's officers, employees and agents in relation to the operation of vehicles of any description in the course of any business carried on by the company ; and

• (ii) each of the company's directors, in whatever capacity, in relation to the operation of vehicles of any description in the course of any other business.

Appropriate financial standing

2

Being of appropriate financial standing in relation to an applicant for, or holder of, a PSV operator's licence consists in having available sufficient financial resources to ensure the establishment and proper administration of the business carried on, or proposed to be carried on, under the licence.

Professional competence

3

References in this Part of this Act to professional competence are to the professional competence of an individual; and a company satisfies the requirement as to professional competence if, and so long as, it has a transport manager of its road passenger transport business who is of good repute and professionally competent.

4

Where an individual is not himself professionally competent, the requirement as to professional competence shall be regarded as satisfied in relation to him if, and so long as, he has a transport manager of his road passenger transport business who is of good repute and professionally competent.

5

Where the holder of a PSV operator's licence relies on a transport manager to satisfy the requirement as to professional competence and that manager—

• (a) dies or ceases by reason of physical disability or mental disorder to be capable of discharging his duties as transport manager;

• (b) ceases to work for the business ; or

• (c) ceases to be of good repute,

the holder shall nevertheless not be treated as failing to satisfy that requirement until the expiry of such period as in the opinion of the relevant traffic commissioners is reasonably required for the appointment of a new transport manager.

6

Subject to paragraph 10, an individual shall be regarded as professionally competent for the purposes of this Part of this Act if, and only if.—

• (a) he is the holder of a certificate issued by an approved body to the effect that he possesses the requisite skills ; or

• (b) he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this paragraph by the Minister.

7

In paragraph 6 " approved body " means—

• (a) a body approved by the Minister for the purposes of that paragraph; or

• (b) a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46A(5)(c) of the Transport Act (Northern Ireland) 1967 ; or

• (c) a body or authority designated by another member State for the purposes of Article 2(4) of Council Directive (EEC) 74/562 of 12th November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations ;

and " the requisite skills " means skills in the subjects listed in Part A of the Annex to that Directive and, in the case of a licence to cover international operations, also skills in the subjects listed in Part B of that Annex.

Persons engaged in road passenger transport before 1st January 1978

8

• (1) Paragraphs 9 and 10 apply only to persons applying for, and to holders of, standard licences, and accordingly in those paragraphs " a licence " means a standard licence.

• (2) For the purposes of those paragraphs, a person was authorised to engage in the occupation of road passenger transport operator at any time if, and only if, at that time—

• (a) he was the holder, or one of the joint holders, of a public service vehicle licence under section 127 of the Road Traffic Act 1960, or the corresponding provision of the law of Northern Ireland, relating to a vehicle adapted to carry more than eight passengers ; or

• (b) he was by virtue of a permit under Regulation 20 of the Public Service Vehicles (Licences and Certificates) Regulations 1952, or the corresponding provision of the law of Northern Ireland, deemed to be the holder or one of the joint holders of such a licence ; or

• (c) he was so authorised under the law of another member State; or

• (d) he was the transport manager of a person within paragraph (a), (b) or (c).

9

• (1) An individual or company authorised to engage in the occupation of road passenger transport operator at any time before 1st January 1978 shall be deemed until the contrary is proved to satisfy the requirements to be of good repute and appropriate financial standing and, if so authorised before 1st January 1975, also to satisfy the requirement as to professional competence.

• (2) An applicant for a PSV operator's licence, or for the variation of such a licence, shall not be obliged to furnish to the traffic commissioners in support of his application information relating to a requirement which is deemed to be satisfied by virtue of subparagraph (1) unless it appears to the commissioners that there are grounds for thinking that the requirement is not in fact satisfied.

10

For the purpose of this Part of this Act, an individual shall be regarded as professionally competent if he was authorised to engage in the occupation of road passenger transport operator before 1st January 1978, and was so authorised—

• (a) for a period of, or for periods amounting in the aggregate to, two years during the period 1st January 1975 to 31st December 1979; or

• (b) at any time in the period 1st January 1970 to 31st December

SCHEDULE 4

SCHEDULE 5

Part I

1-12

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

2

In section 130 (approval of type vehicles), in subsection (3) (withdrawal of approval), for the words from " and " onwards substitute " and thereafter no certificate that any other vehicle conforms to the type vehicle shall be issued ; but as regards any such certificate previously issued, the withdrawal of the approval shall not affect the operation of that certificate for the purposes of section 17 of the Transport Act 1980 (certificates of initial fitness or their equivalents). ".

3

• (1) Section 131 (certificates of fitness for experimental vehicles) shall be amended as follows.

• (2) For subsection (1) (and the side-note), substitute—

(131) (1) Where it appears to the Minister expedient to do so for the purpose of the making of tests or trials of a vehicle or its equipment, he may by order made in respect of that vehicle for the purposes of section 17 of the Transport Act 1980 dispense with such of the prescribed conditions as to fitness referred to in subsection (1)(a) of that section as are specified in the order. (1A) While such an order is in force in respect of a vehicle, the said section 17 shall have effect in relation to the vehicle as if the prescribed conditions as to fitness referred to in subsection (1)(a) of that section did not include such of those conditions as are dispensed with by the order.

.

• (3) For subsections (4) and (5) substitute—

(4) Where an order under this section in respect of a vehicle is revoked or otherwise ceases to have effect, any certificate of initial fitness issued under section 17 of the Transport Act 1980 in respect of the vehicle while the order was in force shall, for the purpose of that section as regards any use of the vehicle after the order has ceased to have effect, be deemed never to have been issued.

.

4

In section 144 (drivers' licences)—

• (a) in subsection (3), for " either such " substitute " such a ";

• (b) in subsection (6) (duration of licences), for "three years" substitute " five years "; and

• (c) after subsection (8) insert—

(9) Notwithstanding section 2(1) of the Transport Act 1980, in this section and sections 145 to 148 of this Act " public service vehicle " shall be construed as meaning a stage, express or contract carriage.

.

5

• (1) Section 146 (regulation of conduct of drivers and conductors) shall be amended as follows.

• (2) For subsection (1) (power to make regulations as to conduct of drivers or conductors of public service vehicles) substitute—

(1) Regulations may make provision for regulating the conduct, when acting as such, of— (a) persons licensed to act as drivers of public service vehicles; and (b) conductors of such vehicles.

.

• (3) In subsection (2) (penalty for contravention of regulations), after the words " £20, and " insert " , in the case of an offence by a person acting as driver, ".

6

• (1) Section 146 (regulation of conduct of drivers and conductors) and section 147 (regulation of conduct of passengers) shall apply in relation to inspectors as they apply in relation to conductors.

• (2) In sub-paragraph (1) " inspector ", in relation to a public service vehicle, means a person authorised to act as such by the holder of the PSV operator's licence under which the vehicle is being used.

• (3) In section 147(1)(d) the words " or other person authorised by the licensee of the vehicle " shall be omitted.

7

Section 149 (power of Minister to modify restrictions on use of roads by public service vehicles) shall cease to have effect.

8

In section 152 (wages and conditions of employment of persons employed in connection with public service vehicles), for any reference to, or to the holder of, a public service vehicle licence or to the holder of a road service licence there shall be substituted a reference to, or to the holder of, a PSV operator's licence.

9

• (1) Section 153 (procedure of traffic commissioners) shall be amended as follows.

• (2) Omit subsection (2) (requirement to hold public sittings for certain purposes).

• (3) In subsection (3), for " of an application " substitute " of an opposed application for the grant of a road service licence ",

and after " where " insert " such ".

• (4) In subsection (4) (power of commissioners to delegate functions to one of their members), for " requiring to be discharged at a public sitting" substitute " of hearing and determining opposed applications for the grant of road service licences ".

• (5) After subsection (4) insert—

(5) So much of subsection (3) above as requires not less than two commissioners to be present at the hearing of an opposed application for the grant of a road service licence shall not apply— (a) to so much of the hearing of any such application as is devoted to determining whether the commissioners are satisfied as mentioned in section 8(1) or 9(1) of the Transport Act 1980 (grant of road service licences for services on routes not otherwise served, or for certain excursions or tours); or (b) to the remainder of the hearing of any such application in the case of which the commissioners have determined that they are so satisfied. (6) In this section ' opposed application' means an application with respect to which an objection has been made and not withdrawn, being an objection to which the traffic commissioners are obliged to have regard by virtue of section 5(3)(c) of the Transport Act 1980.

10

In section 158 (power to regulate procedure on applications for licences etc.), in paragraph (a)—

• (a) for " public service vehicle licences " substitute " PSV opera tors' licences "; and

• (b) after " road service licences ", in the second place where it occurs, insert " or PSV operators' licences ".

11

In section 160(1) (regulations for purposes of Part III)—

• (a) in paragraphs (b) and (g), before " fitness " insert " initial ";

• (b) in paragraph (cc) for " section 5(6)" substitute " section 5(2) ";

• (c) for paragraphs (k) to (a) substitute—

(k) for providing that this Part of this Act, or any provision thereof, shall have effect in relation to— (i) public service vehicles registered in Great Britain, while making journeys to or from places outside Great Britain ; and (ii) public service vehicle registered outside great Britain, with such additions, omissions, alteration or other modification (wether conditional or not)as may be prescribed ;

; and

• (d) for " and different regulations may be made " substitute " and regulations under these actions may make different provision for different circumstance, and may in particular make different provision "

12

The documents to which section 233(forgery and misuse of documents, etc.) applies shall include—

• (a) a certificate of initial fitness under section 17 of this Act ¢

• (b) an operator's disc under section 24 of this Act ;

• (c) a certificate under section 27 of this Act as to the repute, financial standing or professional competence of any person ;

• (d) a certificate under section 130 of the 1960 Act that a vehicle conforms to a type vehicle ; and

• (e) a document evidencing the appointment of a person as a certifying officer or public service vehicle examiner ;

and in section 235 (false statements to obtain licence, etc.) the reference to obtaining the grant of a licence shall include a reference to obtaining the issue of such a certificate or disc.

13

In section 248 (power to hold inquiries) after “the London Government Act 1963” insert “ or section 23A of the Transport (London) Act 1969 ”.

14

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

15

In section 260(2) (consultation before regulations are made), for " or they think " substitute " thinks ".

Part II — Other Amendments

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1953 (c. 26)

In section 4 (power of local authority to provide bus shelters), in subsection (4) (definitions), for the words from " and the references " onwards substitute " and " public service vehicle " has the meaning which it would have in Part I of the Transport Act 1980 if in section 2(1) of that Act the words " (other than a tramcar)" were omitted.".

LOCAL GOVERNMENT (OMNIBUS SHELTERS AND QUEUE BARRIERS) (SCOTLAND) ACT 1958 (c. 50)

In section 7(1) (interpretation), after the definition of " local authority " insert—

TRANSPORT ACT 1962 (c. 46)

In section 4(5) (by virtue of which the Railways Board are not authorised to carry passengers by road in certain hackney carriages adapted to carry less than eight passengers), for " eight" substitute " nine".

FINANCE ACT 1965 (c. 25)

In section 92 (grants towards duty charged on bus fuel), in the definition of "operator" in subsection (8), after paragraph (c) insert—

ROAD TRAFFIC REGULATION ACT 1967 (c. 76)

1

So much of subsection (3) of section 1 as prevents a prohibition or restriction on waiting imposed by a traffic regulation order under that section from applying to an express carriage shall cease to have effect.

2

In sections 6(8) and 9(8), for the words from " section 135(8)" to " 1960 " substitute " section 28 of the Transport Act 1980 ".

3

In section 104(1) (interpretation), for the words from " shall be construed " onwards substitute " have the same meaning as in Part I of the Transport Act 1980".

4

• (1) Schedule 5 (speed limits for vehicles of certain classes) shall be amended as follows.

• (2) In paragraph 1—

• (a) for "7 passengers", wherever occurring, substitute "8 passengers" ;

• (b) in sub-paragraphs (1) and (5), for the words from " in respect" to " force " substitute " while being used under a PSV operator's licence "; and

• (c) in sub-paragraph (2), for the words from " and " onwards substitute " while being used otherwise than under a PSV operator's licence ".

• (3) In paragraph 26, after the definition of "maximum gross weight" insert —

• "PSV operator's licence means " a PSV operator's licence granted under Part I of the Transport Act 1980 ;

.

• (4) This paragraph does not affect the power to vary Schedule 5 by regulations under section 78.

TRANSPORT ACT 1968 (c. 73)

In section 159(1) (interpretation)—

TRANSPORT (LONDON) ACT 1969 (c. 35)

1

In section 23(7) (regulation of London bus services : interpretation) after the definition of " road service licence " insert—

• " service of express carriages " means an express carriage service within the meaning of Part I of the Transport Act 1980 or a stage carriage service within the meaning of that Part as to which the condition in section 3(3)(a) of that Act (long journeys only) is satisfied.

.

2

In section 24(4)(c), for "sections 135(8) and 163(1)" substitute "section 163(1) ".

ROAD TRAFFIC ACT 1972 (c. 20)

In section 44(4) (test certificates: exemption for certain public service vehicles), for " eight" substitute " nine ".

ROAD TRAFFIC (FOREIGN VEHICLES) ACT 1972 (c. 27)

1

In section 4(2)(b) (circumstances in which drivers of foreign public service vehicles may be required to produce certain documents)—

• (a) for “section 127(1) of the Road Traffic Act 1960” substitute “ section 19(1) of the Transport Act 1980 ” ; and

• (b) for “brought into Great Britain to carry persons staying there temporarily” substitute “ registered outside Great Britain ”.

2

In section 7 (interpretation), in the definition of “public service vehicle” for “sections 117 and 118” substitute “ Part III ”.

3

In Schedule 1 (enactments conferring functions on examiners), for "Section 128(3) of the Road Traffic Act 1960" substitute "Section 16(1) of the Transport Act 1980 ".

ROAD TRAFFIC ACT 1974 (c. 50)

An order under section 24(4) of the Road Traffic Act 1974 appointing a day for the coming into operation of the repeal by that Act of section 130 of the 1960 Act may include provision, to take effect on that day, for the repeal of sections 17(1)(6) and 28(6)(6) of, and paragraphs 2 and 12(d) of Part I of Schedule 5 to, this Act.

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 (c. 57)

1

In section 63(3)(b) (hackney carriage stands not to be appointed so as to impede use of authorised stopping places by public service vehicles), for the words from “granted” to “1968”, substitute “ or PSV operator’s licence granted under Part I of the Tranport Act 1980 ”.

2

In section 80(1) (interpretation of Part 11)—

• (a) in the definition of “private hire vehicle”, for “fewer than eight passengers” substitute “ fewer than nine passengers ”; and

• (b) in the definition of “public service vehicle”, for “section 117” substitute “ Part III ”.

ENERGY ACT 1976 (c. 76)

In Schedule 1 (permissible relaxations of road traffic and transport law), in paragraph 1(1)—

PASSENGER VEHICLES (EXPERIMENTAL AREAS) ACT 1977 (c. 21)

1

In section 2(8) (authorised vehicle in experimental area not to be regarded as a public service vehicle) at the beginning insert " Subject to subsection (8A) below," and after that subsection insert—

(8A) Nothing in subsection (8) above shall affect the operation of section 14 of the Transport Act 1980 (duty to publish particulars of stage carriage services in trial areas).

.

2

In section 2(9)—

• (a) in the definition of " commercial vehicle ", for " not more than five passengers" substitute " not more than eight passengers " ; and

• (b) for "section 118(3) of the Road Traffic Act 1960" substitute " section 2(5) of the Transport Act 1980 " .

3

In the Schedule, in paragraph 14—

• (a) after " notice ", in both places where it occurs, insert " or announcement " ; and

• (b) for "section 118(3) of the Road Traffic Act 1960" substistitute " paragraph 9 of Schedule 1 to the Transport Act 1980".

MINIBUS ACT 1977 (c. 25)

In section 4(2)(c) for the words from "as if" onwards substitute " in accordance with section 2(5) of the Transport Act 1980".

TRANSPORT ACT 1978 (c. 55)

1

In section 1(5) (power of non-metropolitan counties to make grants) for paragraph (b) substitute—

(b) to persons providing facilities for sharing motor vehicles not adapted to carry more than eight passengers with a view to meeting the social and welfare needs of one or more communities.

.

2

For subsections (1) to (9) of section 5 (community bus services) substitute the following subsections—

(1) Where on ah application in that behalf the traffic commissioners for any traffic area grant a road service licence under Part I of the Transport Act 1980 in respect of a community bus service— (a) the licence shall state that it is granted in respect of such a service ; (b) the conditions specified in subsection (2) below shall be attached to the licence ; and (c) such provision as is mentioned in subsection (3) below may be included in the licence with respect to the use of the community bus otherwise than in the operation of the community bus service. (2) The conditions to be attached in every case to a road service licence granted in respect of a community bus service are— (a) that any vehicle used in the course of the service is adapted to carry more than eight but not more than sixteen passengers ; (b) that the driver of any vehicle being used in the course of the service— (i) is a volunteer ; and (ii) if not the holder of a public service vehicle driver's licence, fulfils any prescribed conditions for drivers of community buses ; (c) that any vehicle used in the course of the service fulfils the prescribed conditions of fitness for use as a community bus ; and (d) that there is displayed on any vehicle being used in the course of the service such disc or other document issued by the traffic commissioners as may be prescribed for a vehicle used as a community bus ; and the powers conferred by section b(3) and (5) of the Transport Act 1980 to alter, remove or dispense from compliance with conditions attached to a road service licence shall not apply to conditions attached under this subsection. (3) Traffic commissioners on granting a road service licence in respect of a community bus service may, if they are satisfied that in all the circumstances it is reasonable to do so with a view to providing financial support for that service, include in the licence provision authorising the use of the community bus as a contract carriage or as an express carriage (or both), subject to such restrictions (if any) as the commissioners think fit to impose ; and where such provision is included in a licence, the conditions attached under subsection (2) to the licence shall apply to the use of the community bus as a contract carriage or express carriage as they apply to the use of a vehicle in the course of the community bus service. (4) None of the following provisions, that is to say— (a) section 144 of the Road Traffic Act 1960 (public service vehicle drivers' licences); (b) section 17 of the Transport Act 1980 (certificate of initial fitness, or equivalent, required for use of public service vehicle); (c) section 18 of that Act (power to prohibit driving of unfit public service vehicle); and (d) section 19(1) of that Act (PSV operator's licence required for use of vehicle as stage, express or contract carriage), shall apply to the driving or use of a vehicle in the course of a community bus service or in the course of its use as a contract carriage or express carriage in accordance with any such provision as is mentioned in subsection (3) above. (5) Where a community bus service is provided in whole or in part in Greater London, that service or part shall not be regarded as a London bus service within section 23 of the Transport (London) Act 1969 (under which the agreement or consent of the London Transport Executive is required instead of a road service licence); but where the traffic commissioners for the Metropolitan Traffic Area propose— (a) to grant a road service licence in respect of such a service ; or (b) to vary the conditions attached to such a licence, they shall consult the London Transport Executive about the proposal. (6) Subsection (7) of section 4 of the Transport Act 1980 (penalty for breach of condition attached to a road service licence) shall apply in relation to a condition so attached under subsection (2) above as it applies in relation to a condition so attached under section 6 of that Act. (7) Regulations may provide that, in relation to any community bus service provided in whole or in part within a trial area, the preceding provisions of this section shall have effect with such additions, omissions, alterations or other modifications as may be prescribed. (8) In this section— - " community bus service " means a stage carriage service provided— by a body of persons (whether corporate or unincorporate) concerned for the social and welfare needs of one or more communities ; and without a view to profit, either on the part of those persons or of anyone else ; and in relation to such a service " the community bus " means any vehicle used on a regular basis in the course of the service; - " volunteer ", in reference to the driver of a vehicle on any journey, means that he is not paid for driving the vehicle on that journey, disregarding— any payment of reasonable expenses incurred by him in making himself available to drive ; and any payment representing earnings lost as a result of making himself available to drive in exceptional circumstances ; and section 1(3) and (4) of the Transport Act 1980 (construction as one, etc) shall have effect as if references in those subsections to Part I of that Act included a reference to this section.

.

3

Section 6 shall be omitted.

4

In section 7(3) (vehicles excluded from regulation as private hire vehicles)—

• (a) for the words " section 118 of the 1960 Act" there shall be substituted the words " section 2(3) of the Transport Act 1980 " ;

• (b) for the words " no more than 7 passengers " there shall be substituted the words " no more than 8 passengers " ; and

• (c) for the words " 8 to 16 seaters " substitute " 9 to 16 seaters " .

SCHEDULE 6

Legal remedies and pending proceedings

1

• (1) Where any right, liability or obligation is transferred to the successor company by virtue of section 45 that company and all other persons shall, on and after the appointed day, have the same rights, powers and remedies (and, in particular, the same rights as to the taking or resisting of legal proceedings) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of that company.

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

• (3) Any reference in sub-paragraph (1) ... to legal proceedings shall be construed as including a reference to any application to an authority, and any reference to the taking or resisting of legal proceedings shall be construed accordingly.

Powers of other bodies

2

The transfer to the successor company by virtue of section 45 of the property, rights, liabilities and obligations of the Corporation shall have effect notwithstanding any statutory or other restriction on the powers of any other body affected by the transfer.

Modification of agreements

3

Where immediately before the appointed day there is in force an agreement which confers or imposes on the Corporation any rights, liabilities or obligations which are transferred to the successor company by virtue of section 45, that agreement shall have effect on and after that day as if—

• (a) the successor company had been a party to the agreement; and

• (b) for any reference (in whatever terms and whether expressly or by implication) to the Corporation there were substituted, in relation to anything falling to be done on or after that day, a reference to the successor company; and

• (c) for any reference (in whatever terms and whether expressly or by implication) to an officer or employee of the Corporation, not being a party to the agreement and beneficially interested therein, there were substituted, in relation to anything falling to be done on or after that day, a reference to such person as the successor company may appoint or, in default of appointment, to the officer or employee of that company who corresponds as nearly as may be to the officer or employee of the Corporation.

Loss of office by members of Corporation

4

• (1) Subject to sub-paragraph (2), no right, liability or obligation under any agreement for the rendering by any person of services to the Corporation as a member of the Corporation shall be transferred by virtue of section 45.

• (2) Sub-paragraph (1) does not apply to any liability for remuneration or allowances payable in respect of any period before the appointed day.

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