Transport Act 1980

Type Public General Act
Publication 1980-06-30
Last updated 2005-06-08
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
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Compensation payments arising from earlier reorganisations

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The obligations of the Corporation transferred by virtue of section 45 include any obligations of the Corporation to make payments under regulations made under section 135 of the Transport Act 1968 or section 2(4) of the Transport Holding Company Act 1972 (compensation for loss of employment, etc. in consequence of reorganisations under those Acts).

Pensions of former members of the Corporation

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The obligations of the Corporation transferred by virtue of section 45 include any obligation of the Corporation to comply with a determination of the Minister under paragraph 8(1) of Schedule 1 to the Transport Act 1962 relating to the pension (within the meaning of that Act) payable to or in respect of a former member of the Corporation.

Pension schemes

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  • (1) Subject to sub-paragraph (2), the provisions of section 74 of the Transport Act 1962 (Minister’s powers to make provision about pensions in the nationalised transport industry) shall have effect on and after the appointed day as if—
  • (a) the expression “Board” included the successor company; and
  • (b) the references in subsection (1)(a)(ii) of that section to the Commission included references to the Corporation; and
  • (c) the reference in subsection (2)(a) of that section to a pension scheme in which employees of the Commission, or a subsidiary of the Commission, participated before the date there mentioned included a reference to a pension scheme in which employees of, or of a subsidiary of, the Corporation participated before the appointed day.
  • (2) Except on the application of the successor company, no order shall be made under the said section 74 on or after the appointed day which has the effect of placing the successor company or a subsidiary of the successor company in any worse position; but for this purpose the successor company or a subsidiary shall not be regarded as being placed in a worse position because an order provides that any changes in a pension scheme are not to be effected without the consent of the Minister.
  • (3) An order such as is mentioned in sub-paragraph (2) which is made without the application of the successor company shall not be invalid because in fact it does not have the effect of securing that the successor company and its subsidiaries are not placed in any worse position, but except in so far as the successor company approves the effect of the order the Minister shall as soon as may be make the necessary amending order.
  • (4) Subject to sub-paragraph (6), any order under the said section 74 and any regulations to which paragraph 17 of Schedule 7 to the Transport Act 1962 applies (which continues in force certain earlier pension provisions) which—
  • (a) are in force immediately before the appointed day; and
  • (b) relate to the Corporation, its employees or its pensions schemes,

shall continue in force, subject to any provision made by virtue of sub-paragraph (1), and as respects anything falling to be done on or after the appointed day shall have effect as if for any reference (however worded and whether express or implied) to the Corporation there were substituted a reference to the successor company.

  • (5) A person who on the appointed day—
  • (a) ceases to be employed by the Corporation and becomes employed by the successor company; or
  • (b) is employed by a company which immediately before the appointed day was a subsidiary of the Corporation but on that day becomes a subsidiary of the successor company,

shall not thereby cease to be eligible to participate in any pension scheme in which he was a participant immediately before the appointed day.

  • (6) Subject to sub-paragraph (5), a person who on or after the appointed day leaves or enters the employment of the group consisting of the successor company and its subsidiaries (in this sub-paragraph referred to as “the NFC group”) shall not be eligible by virtue of any provision of an order under the said section 74 made before that day—
  • (a) to participate in any of the Corporation’s pension schemes by reason of any employment outside the NFC group; or
  • (b) to participate in a pension scheme other than one of the Corporation’s pension schemes by reason of his employment within the NFC group.
  • (7) In this paragraph—
  • (a) “participant”, in relation to a pension scheme, means—
  • (i) in relation to a scheme under which benefits are or will be receivable as of right, a person who has pension rights under the scheme (whether he has contributed or not); and
  • (ii) in relation to a scheme under which benefits are not or will not be receivable as of right, a person who (whether he is referred to in the scheme as a member, as a contributor or otherwise) has contributed under the scheme and has pension rights thereunder;

and “participate” and “eligible to participate” shall be construed accordingly;

  • (b) “pension”, “pension rights” and “pension scheme” have the same meaning as in section 74 of the Transport Act 1962; and
  • (c) references to the Corporation’s pension schemes are to schemes established by the Corporation or in relation to which the rights, liabilities and functions of the Transport Holding Company were transferred to the Corporation by the British Transport (Pensions of Employees) (No. 1) Order 1968.

Grants in respect of certain capital expenditure

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  • (1) The obligations of the Corporation transferred by virtue of section 45 include any obligation to comply with terms and conditions attached to a grant made under section 18 of the Transport Act 1978 (grants in respect of capital expenditure by National Carriers Limited or its subsidiaries).
  • (2) For the reference in that section to the Corporation there shall be substituted, as from the appointed day, a reference to the successor company.
  • (3) In considering the exercise of his powers under that section in favour of the successor company, the Minister shall take into account any capital expenditure within that section not previously taken into account, including expenditure incurred before the appointed day; and the financial limits set by subsection (2) of that section shall apply in relation to such an exercise of the Minister’s powers as if grants made to the Corporation at any time before the appointed day had been made to the successor company at that time.

Reimbursement for certain travel concessions

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  • (1) The obligations of the Corporation transferred by virtue of section 45 include any obligation to comply with terms attached to a payment made under section 21 of the Transport Act 1978 (reimbursement of amounts paid in connection with travel concessions enjoyed by certain employees and others).
  • (2) For the references in that section to the Corporation there shall be substituted, as from the appointed day, references to the successor company.
  • (3) In considering the exercise of his powers under that section in favour of the successor company, the Minister shall take into account any amounts paid as mentioned in that section and not previously taken into account, including amounts paid by the Corporation and amounts paid in respect of concessionary travel enjoyed before the appointed day.

Rating

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  • (1) The obligations of the Corporation transferred by virtue of section 45 include any obligation of the Corporation under subsection (2) of section 162 of the Transport Act 1968 to make a payment to the British Railways Board in respect of any period of occupation before the appointed day by the Corporation or a subsidiary of premises which by virtue of subsection (1) of that section are to be treated for rating purposes as occupied by the Board.
  • (2) If any dispute between the Board and the Corporation as to the amount so payable stands referred to the Minister immediately before the appointed day, it shall be dealt with thereafter as if the successor company had at all times been a party to the reference.
  • (3) Any dispute arising on or after the appointed day between the Board and the successor company as to the amount due under the said subsection (2) shall be referred to the Minister for determination, and his determination shall be final.

SCHEDULE 7

TRANSPORT ACT 1968 (c.73)

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3

In section 29(6) for the words from “subsection (2) of the said section” to the end substitute “ subsection (1)(b) of the said section 7 or, as the case may be, to an order under subsection (1)(b) of the said section 8 making such provision as is mentioned in the said section 7(1)(b), but as if for the reference in subsection (6)(a) of the said section 8 to the Railways Board there were substituted a reference to the Scottish Group and the Railways Board ”.

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5

In paragraph 4 of Schedule 16 for the words from “subsection (1)” to “of that section” substitute “ subsection (2) of section 67 of the Act of 1962 ”.

6

In paragraph 5 of Schedule 16—

  • (a) in sub-paragraph (2), for “either of the authorities to whom this section applies” substitute “ the Scottish Group ” and for “authority” in both places where it occurs substitute “ Group ”;
  • (b) in sub-paragraph (3), for “the authority or subsidiary in question” substitute “ the Scottish Group or, as the case may be, the subsidiary in question ”;
  • (c) in sub-paragraph (4), for “either or both of the authorities to whom this paragraph applies” substitute “ the Scottish Group ” and for the words from “authority” to “each of those authorities” substitute “ Group ”.

SCHEDULE 8

SCHEDULE 9

PART I — PUBLIC SERVICE VEHICLES

PART II — Repeals taking effect on Passing of this Act

PART III — Repeals taking effect on Appointed Day under Part II of this Act

PART IV — Other Repeals

Obligatory test certificates for passsenger-carrying vehicles.

Power to make payments by way of final discharge of liabilities under s.52(1).

52A
  • (1) If the Minister is desirous of making to the persons administering a B.R. pension scheme one or more payments by way of final discharge of his liability to make payments to them under section 52(1) in relation to that scheme, to the extent that that liability relates to so much of the relevant pension obligations as are owed in respect of—
  • (a) all pension rights under the scheme,
  • (b) pension rights of some particular class or description under the scheme, or
  • (c) pension rights of persons of some particular class or description under the scheme,

he may give to the persons administering the scheme a notice identifying the pension rights in question and specifying in relation to those pension rights the matters set out in subsection (2), as determined in accordance with the following provisions of this section.

  • (2) The matters mentioned in subsection (1) are—
  • (a) the capital value of the attributable unfunded obligations in question, as at the beginning of the next financial year;
  • (b) the amount or amounts, or the method of determining the amount or amounts, of the payment or payments to be made under this section by way of final discharge of the Minister’s liability to make payments under section 52(1), so far as relating to the pension rights identified in the notice under subsection (1); and
  • (c) the date or dates on which that payment or those payments are to be made.
  • (3) In making any determination for the purposes of paragraph (b) of subsection (2), the amount or, as the case may be, the aggregate of the amounts mentioned in that paragraph shall be such as to include—
  • (a) a sum equal to the capital value determined under paragraph (a) of that subsection; and
  • (b) interest, payable at such rate as may be determined by the Minister, on so much (if any) of that sum as may from time to time be outstanding after the beginning of the financial year mentioned in the said paragraph (a).
  • (4) For the purposes of this section, the capital value mentioned in paragraph (a) of subsection (2) shall either—
  • (a) be determined by the Minister, or
  • (b) if the Minister so requires in the particular case, be determined by the actuary to the scheme in question and approved by the Minister,

and it shall be for the Minister to determine the matters mentioned in paragraphs (b) and (c) of that subsection.

  • (5) Notice under subsection (1) above shall only be given after consultation—
  • (a) with the persons administering the scheme in question; and
  • (b) with the actuary to that scheme, except in a case where the capital value mentioned in subsection (2)(a) is determined by that actuary pursuant to subsection (4)(b);

and any such notice must be given not less than one month before the beginning of the financial year mentioned in subsection (2)(a).

  • (6) The giving of a notice under subsection (1) shall—
  • (a) terminate the liability of the Minister to make payments under section 52(1), so far as relating to the pension rights identified in the notice, for financial years beginning after the giving of the notice; and
  • (b) impose upon the Minister a duty—
  • (i) to make to the persons administering the scheme in question the payment or payments mentioned in subsection (2)(b); and
  • (ii) to do so at the time or times specified in pursuance of subsection (2)(c).
  • (7) Where notice has been given under subsection (1), the Minister may—
  • (a) at any time before the expiration of the period of eleven months beginning with the financial year mentioned in subsection (2)(a) as it applies in relation to that notice, and
  • (b) after consultation with the persons administering the scheme in question and the actuary to the scheme,

amend that notice by giving notice of the amendment to the persons administering the scheme.

  • (8) If notice is given under subsection (7) of an amendment affecting the amount of a payment which has been made pursuant to this section, the Minister may also give notice to the persons administering the scheme in question requiring them—
  • (a) to repay to him so much of the payment made as exceeds the amended amount; and
  • (b) to pay interest to him, at such rate as he may determine, on the amount to be repaid, as from the date on which the payment in question was made by him;

and where notice is given under paragraph (a) or (b), the amount required to be repaid or, as the case may be, the amount of interest required to be paid from time to time, shall be treated as a debt due from those persons to the Minister.

  • (9) In any case where—
  • (a) notice has been given under subsection (1), the effect of which (whether taken alone or with other notices under that subsection) is that notice has been given under that subsection in respect of all pension rights under the scheme in question, and
  • (b) for that financial year in which the notice mentioned in paragraph (a) is given, the aggregate amount of the payments made under section 52(1) in relation to the scheme requires adjustment for the reason set out in section 52(3)(a) or (b), but
  • (c) the required adjustment cannot be made as mentioned in section 52(3), because (in consequence of the notice mentioned in paragraph (a)) no payments under section 52(1) fall to be made in relation to that scheme for subsequent financial years,

payments by way of adjustment, of an amount equal in the aggregate to the amount of the required adjustment, shall instead be made by the Minister to the persons administering the scheme or, as the case may require, by those persons to the Minister, before the expiration of the period of six months beginning with the date on which the amount of the required adjustment is determined.

  • (10) The Minister may give a direction to the persons administering a B.R. pension scheme requiring them to furnish to him—
  • (a) information from which the proportion mentioned in section 55(1)(a) can be finally determined for the financial year mentioned in subsection (9)(b) in the case of the scheme; or
  • (b) information about any such 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 financial year as is mentioned in section 52(3)(b).
  • (11) Where payments by way of adjustment fall to be made under subsection (9), interest shall be payable from the end of the financial year in which the notice mentioned in subsection (9)(a) is given, by the person liable to make those payments, at such intervals and rates as may be determined by the Minister, on so much of the aggregate amount of the payments in question as for the time being remains unpaid.
  • (12) So much of—
  • (a) any payment by way of adjustment under subsection (9) which falls to be made, or
  • (b) any interest accrued under subsection (11),

as has not been paid shall be treated as a debt due.

  • (13) Nothing in this section affects the liability of the Authority in respect of any relevant pension obligations.
  • (14) For the purposes of this section, the “capital value of the attributable unfunded obligations”, in the case of any B.R. pension scheme, means such amount as is, in the opinion of the person determining that capital value pursuant to subsection (4), the capital equivalent of the payments that would, apart from this section, have been expected to be made by the Minister under section 52(1), so far as relating to the pension rights identified in the notice under subsection (1), for the successive financial years beginning with the one mentioned in subsection (2)(a).
  • (15) Any sums required for the making of payments under this section by the Minister shall be paid out of money provided by Parliament.
52B
  • (1) The Minister may make a substitution order in relation to any occupational pension scheme—
  • (a) which is a new scheme, within the meaning of Schedule 11 to the Railways Act 1993;
  • (b) which is designated under paragraph 10(1) of that Schedule (designation of schemes which are to be treated as B.R. pension schemes for certain purposes of this Part); and
  • (c) in relation to which a guarantee has been given by the Secretary of State under paragraph 11 of that Schedule;

and any reference in this section to a “ guaranteed pension scheme ” is a reference to such an occupational pension scheme.

  • (2) The Minister may also make a substitution order in relation to any section of a new scheme, within the meaning of Schedule 11 to the Railways Act 1993, if the section is one—
  • (a) which is designated under paragraph 10(1) of that Schedule; and
  • (b) in relation to which a guarantee has been given by the Secretary of State under paragraph 11 of that Schedule;

and the following provisions of this section (and sections 52C and 52D) shall apply in relation to any such section of a new scheme as if any reference to a guaranteed pension scheme included a reference to such a section.

  • (3) For the purposes of this section, a “ substitution order ” is an order under this section the effect of which is—
  • (a) to terminate, from the termination date, the Minister’s liability to make to the persons administering the guaranteed pension scheme in question payments under section 52(1) in relation to the scheme; and
  • (b) to impose on the Minister, in substitution for that liability, an obligation to make to those persons, subject to and in accordance with the following provisions of this section, one or more other payments (the “ substitution payments ”) in relation to that scheme.
  • (4) Subject to the following provisions of this section, the amount of the substitution payments to be made in the case of a guaranteed pension scheme shall be equal in the aggregate to the sum of—
  • (a) the amount specified pursuant to subsection (5)(a) as the capital value of the unfunded obligations in the case of the scheme; and
  • (b) the aggregate amount of any interest which is dealt with as mentioned in subsection (8)(b)(ii) in the case of the scheme.
  • (5) A substitution order must specify—
  • (a) the capital value of the unfunded obligations in the case of the guaranteed pension scheme in question, as at the termination date; and
  • (b) the date which, for the purposes of this section, is to be the termination date in relation to that scheme, being a date not earlier than one month after the coming into force of the substitution order.
  • (6) Any determination for the purposes of this section of the capital value of the unfunded obligations in the case of a guaranteed pension scheme shall either—
  • (a) be made by the Minister; or
  • (b) if the Minister so requires in the particular case, be made by the actuary to the guaranteed pension scheme in question and approved by the Minister.
  • (7) A substitution order may specify—
  • (a) the amount or amounts, or the method of determining the amount or amounts, of the substitution payments,
  • (b) the date or dates on which the substitution payments are to be made,
  • (c) circumstances (which may, if the Minister so desires, be defined by reference to the opinion of any person) in which substitution payments are to be made,

and may provide for the obligation to make substitution payments to be discharged if the guaranteed pension scheme in question has, in the opinion of a person specified or described in, or nominated under, the order, been wound up.

  • (8) A substitution order must provide—
  • (a) for interest to accrue from the termination date on the outstanding balance of the capital value for the time being at such rate, and at such intervals, as may be specified in, or determined under or in accordance with, the order; and
  • (b) for any such interest which accrues—
  • (i) to be paid to the persons administering the guaranteed pension scheme in question, or
  • (ii) to be added to the outstanding balance of the capital value,

(or to be dealt with partly in one of those ways and partly in the other);

and the provision that may be made by virtue of paragraph (a) includes provision for the rate of interest to be calculated by reference to any variable or to be such rate as the Minister may from time to time determine and specify in a notice to the persons administering the scheme in question.

  • (9) For the purposes of subsection (8), the “outstanding balance of the capital value”, in the case of a guaranteed pension scheme, means the capital value of the unfunded obligations in the case of the scheme, as specified pursuant to subsection (5)(a),—
  • (a) reduced by the amount of any substitution payments made in relation to that scheme; and
  • (b) increased by any additions of accrued interest under or by virtue of subsection (8)(b)(ii) in relation to that scheme.
  • (10) Nothing in this section affects the liability of the Authority in respect of any relevant pension obligations.
  • (11) Any sums required for the making of payments under this section by the Minister shall be paid out of money provided by Parliament.
  • (12) In this section—
  • “the capital value of the unfunded obligations”, in the case of any guaranteed pension scheme, means such amount as is, in the opinion of the person determining that capital value pursuant to subsection (6), the capital equivalent of the payments that would, apart from this section, have been expected to be made by the Minister under section 52(1) in relation to that scheme after the termination date in the case of that scheme;
  • “ occupational pension scheme ” means an occupational pension scheme as defined in section 1 of the Pension Schemes Act 1993;
  • “the terminal period”, in the case of any guaranteed pension scheme, means—if a financial year of the scheme ends with the termination date, that financial year; orin any other case, so much of the financial year of the scheme in which the termination date falls as ends with that date;
  • “the termination date”, in the case of any guaranteed pension scheme, shall be construed in accordance with subsection (5)(b);
  • “the termination year”, in the case of any guaranteed pension scheme, means the financial year of the scheme which consists of or includes the terminal period;
  • “ trustees ”, in relation to a guaranteed pension scheme, includes a reference to any persons who, under the rules of the scheme, are under a liability to provide pensions or other benefits but who are not trustees of the scheme.

Orders and directions under sections 52A to 52C: supplemental.

52C
  • (1) As soon as practicable after the termination date in the case of any guaranteed pension scheme, there shall be determined, for the terminal period, what proportion of the pensions, increases and expenses payable under, or incurred in connection with, the scheme corresponds to the relevant pension obligations.
  • (2) Any determination under subsection (1) shall either—
  • (a) be made by the Minister; or
  • (b) if the Minister so requires in the particular case, be made by the actuary or auditor to the guaranteed pension scheme in question and approved by the Minister.
  • (3) The Minister may give a direction to the persons administering a guaranteed pension scheme requiring them to determine the aggregate amount of the pensions, increases and expenses payable under or incurred in connection with the scheme for the terminal period or the termination year and to notify him in writing of their determination.
  • (4) As respects the termination year of a guaranteed pension scheme, the extent of the liability of the Minister to make payments under section 52(1) in relation to that scheme shall be restricted to a liability to make payments of an amount (the “termination year amount”) equal in the aggregate to the product of—
  • (a) the proportion determined under section 54(1) for that scheme;
  • (b) the proportion determined pursuant to subsection (1) in the case of that scheme; and
  • (c) the aggregate amount of the pensions, increases and expenses payable under or incurred in connection with that scheme in the terminal period;

and payments by way of adjustment shall be made by the Minister to the persons administering the scheme, or (as the case may be) by those persons to the Minister, before the expiration of the period of six months beginning with the date of the last of the determinations made under subsection (1) or (3) with respect to the scheme.

  • (5) Where, in the case of a guaranteed pension 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 termination year amount in the case of that scheme shall be the difference between—
  • (a) what that amount would have been, apart from this subsection; and
  • (b) the amount of any income accruing for the terminal period 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 those obligations.
  • (6) The Minister may give a direction to the persons administering a guaranteed pension scheme requiring them to determine the amount mentioned in subsection (5)(b) and to notify him in writing of their determination.
  • (7) Where payments by way of adjustment fall to be made, interest shall be payable, as from the termination date, by the person liable to make those payments, at the rates and intervals from time to time applicable for the purposes of section 52B(8)(a) in the case of the scheme in question, on so much of the aggregate amount of the payments in question as for the time being remains unpaid.
  • (8) So much of—
  • (a) any payment by way of adjustment which falls to be made, or
  • (b) any interest accrued under subsection (7),

as has not been paid shall be treated as a debt due.

  • (9) Any sums required for the making of payments under this section by the Minister shall be paid out of money provided by Parliament.
  • (10) In this section, “payments by way of adjustment”, in the case of a guaranteed pension scheme, means—
  • (a) if the Minister has made payments under section 52(1) in relation to that scheme for the termination year which, in the aggregate, exceed the termination year amount, payment to the Minister by the persons administering the scheme of an amount equal to the excess;
  • (b) if the Minister has made no payments under section 52(1) in relation to that scheme for the termination year, payment by the Minister to those persons of the termination year amount; or
  • (c) if the Minister has made payments under section 52(1) in relation to that scheme for the termination year which, in the aggregate, fall short of the termination year amount, payment by the Minister to those persons of an amount equal to the shortfall.
  • (11) Expressions used in this section and in section 52B have the same meaning in this section as they have in that section.
52D
  • (1) Any power to make an order under section 52B shall be exercisable by statutory instrument made by the Minister after consultation with the trustees of the guaranteed pension scheme to which the order relates.
  • (2) A statutory instrument containing an order under section 52B shall be subject to annulment in pursuance of a resolution of either House of Parliament.
  • (3) At the time when a statutory instrument containing an order under section 52B is laid before each House of Parliament pursuant to subsection (2), the Minister shall, if he has not already done so, also lay before each House of Parliament a copy of the guarantee mentioned in subsection (1)(c) of that section; but this subsection is without prejudice to the validity of the order in question.
  • (4) Any power to make an order under section 52B includes power, exercisable in the same manner, to make such incidental, supplemental, consequential or transitional provision as may appear necessary or expedient to the Minister.
  • (5) Any order under section 52B may make different provision for different cases or for different classes or descriptions of case.
  • (6) It shall be the duty of any person to whom a direction is given under section 52A or 52C to comply with and give effect to that direction; and compliance with any such direction shall be enforceable by civil proceedings by the Minister for an injunction or interdict or for any other appropriate relief.
  • (7) Any power to give a direction under section 52A or 52C includes power to vary or revoke the direction.
  • (8) Any direction under section 52A or 52C shall be given in writing.
  • (9) In this section—
  • “ guaranteed pension scheme ” has the same meaning as in section 52B;
  • “ trustees ”, in relation to a guaranteed pension scheme, has the same meaning as in section 52B.

Unfunded proportion of relevant pension obligations.

Roof-signs on vehicle other than taxis.

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.”.

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

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 ”.

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

ROAD TRAFFIC REGULATION ACT 1967 (c.76)

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TRANSPORT (LONDON) ACT 1969 (c.35)

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

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

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TRANSPORT ACT 1978 (c.55)

Power of other bodies

TRANSPORT ACT 1968 (c. 73)

New Section

Editorial notes

1

The text of ss. 32, 34, 37, 42(1)(2), 43(1), 61, 63, 64, 68, 69, 70(1)–(3),(5)–(7), Schs. 4, 5, 9, Pts. I, II, IV was taken from S.I.F Group 107:1 (Road Traffic:General), ss. 45–51, 62, 65–70, Schs. 6, 7, 9 from S.I.F. Group 126 (Transport) and ss. 52–60, 68, 70(1)–(3)(b)(c), Sch. 8 from S.I.F. Group 102 (Railways, Canals and Pipe-lines); provisions omitted from S.I.F. have been dealt with as referred to in other commentary.

4

The “1960 Act” means the Road Traffic Act 1960 (c. 16, SIF 107:1)

5

1953 c. 33(41:1).

6

S. 33 repealed by Public Passenger Vehicles Act 1981 (c. 14 SIF:107:1), s. 88(3), Sch. 8

7

The text of ss. 34, 36, 43, 51(2), 65, 69, Sch. 4, Sch. 7, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

10

The text of ss. 34, 36, 43, 51(2), 65, 69, Sch. 4, Sch. 7, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

14

Ss. 38–41 repealed by Passenger Vehicles Act 1981 (c. 14 SIF:107:1), s. 88(3), Sch. 8

16

The “1960 Act” means the Road Traffic Act 1960 (c.16, SIF 107:1)

17

The text of ss. 34, 36, 43, 51(2), 65, 69, Sch. 4, Sch. 7, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

18

S. 43(2) repealed by Public Passenger Vehicles Act 1981 (c. 14 SIF:107:1), s. 88(3), Sch. 8

19

S. 44 repealed by Public Passenger Vehicles Act 1981 (c. 14 SIF:107:1), s. 88(3), Sch. 8

21

1.10.1980 appointed under s. 45(2) by S.I. 1980/1380, art 3

29

The text of ss. 34, 36, 43, 51(2), 65, 69, Sch. 4, Sch. 7, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

30

S. 52(1) restricted (12.3.1995) by S.I. 1995/430, arts. 2, 4.

31

Words in s. 52(1) substituted (6.1.1994) by 1993 c. 43, s. 134(1), Sch. 11 para. 9(1); S.I. 1993/3237, art.2(2)

32

S. 52(1)(a) modified (6.1.1994) by 1993 c. 43, s. 134(1), Sch. 11 para 10(5); S.I. 1993/3237, art. 2(2)

33

S. 52A inserted (6.4.1994) by 1993 c. 43, s. 134(1), Sch. 11 para. 9; S.I. 1993/3227, art. 2

34

Word in s. 52A(13) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 9; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)

35

S. 52B inserted (16.8.1994) by 1993 c. 43, s. 134(1), Sch. 11 para. 9; S.I. 1994/2142, art. 2

36

Word in s. 52B(10) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 10; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)

38

S. 52C inserted (16.8.1994) by 1993 c. 43, s. 134(1), Sch. 11 para. 9; S.I. 1994/2142, art. 2

39

S. 52D inserted (6.4.1994 for the purpose of inserting s. 52D(6)(7)(8), otherwise 16.8.1994) by 1993 c. 43, s. 134(1), Sch. 11 para. 9; S.I. 1993/3237, art. 2(2); S.I. 1994/2142, art. 2

40

Words in s. 53(1)(4) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 12; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)

47
50

S. 60(1): definition of “the Authority” inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 13; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)

53

S.1. 1962/2758.

54

1.10.1980 appointed for the purposes of Part II by S.I 1980/1380, art. 3

55

Part III (ss. 52-60): power to extend conferred (6.1.1994) by 1993 c. 43, s. 134(1), Sch. 11 para. 10(1)(a); S.I. 1993/3237, art.2(2). Part III (ss. 52-60) amended (6.1.1994) by 1993 c. 43, s. 134(1), Sch. 11 para. 10(4); S.I. 1993/3237, art.2(2). Part III (ss. 52-60) modified (6.1.1994) by 1993 c. 43, s. 134(1), Sch. 11 para. 10(5)(6)(13); S.I. 1993/3237, art.2(2). Part III (ss. 52-60) restricted (6.1.1994) by 1993 c. 43, s. 134(1), Sch. 11 para. 10(14); S.I. 1993/3237, art.2(2).

57

The text of s. 62, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

61

Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

62

1847 c. 89(107:1).

63

1869 c. 155(107:1).

65

The text of ss. 34, 36, 43, 51(2), 65, 69, Sch. 4, Sch. 7, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

66

The text of ss. 34, 36, 43, 51(2), 65, 69, Sch. 4, Sch. 7, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

67

Definition in s. 70(2) substituted (6.1.1994) by 1993 c. 43, s. 134(1), Sch. 11 para. 9(4); S.I. 1993/3237, art.2(2)

68

1978 c. 30(115:1).

69

S. 70(5) power fully exercised by S.I. 1980/913, 1980/1353, 1980/1424, 1981/256

70

Power of appointment conferred by s. 70(5) not fully exercised

71

Schedules 1–3 repealed by Public Passenger Vehicles Act 1981 (c. 14 SIF:107:1), s. 88(3), Sch. 8

72

The text of ss. 34, 36, 43, 51(2), 65, 69, Sch. 4, Sch. 7, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

73

Sch. 4: Entry relating to s. 235 repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I; S.I. 1995/2181, art. 2

78

Sch. 5 Pt. II paragraph amending Transport Act 1968 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

80

Sch. 5 Pt. II paragraph amending Road Traffic Act 1974 repealed by Public Passenger Vehicles Act 1981 (c. 14, SIF 107:1), ss. 88(3), Sch. 8

84

The text of s. 62, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

96

The text of ss. 34, 36, 43, 51(2), 65, 69, Sch. 4, Sch. 7, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

97

The text of ss. 34, 36, 43, 51(2), 65, 69, Sch. 4, Sch. 7, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

98

S. 45(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 14

100
101
102
103
104

Words repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 14

105

Words repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 14

106

Sch. 6 para. 1(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 14

107

Words in Sch. 6 para. 1(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 14

110

Pt. III power to modify conferred (E.W.S.) (8.6.2005) by Railways Act 2005 (c. 14), ss. 1(8), 60(2); S.I. 2005/1444, art. 2(1), Sch. 1

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