Deregulation and Contracting Out Act 1994

(69D) (1) This section applies where notice of an application for the variation of an operator’s licence has been published under section 68(4) of this Act. (2) Where the application relates to an existing operating centre of the licence-holder in the licensing authority’s area— (a) any of the persons mentioned in section 63(3) of this Act may object to the grant of the application on the ground that the use of that operating centre in any manner which would be permitted if the application were granted would cause adverse effects on environmental conditions in the vicinity of that centre; (b) subject to subsection (5) of this section, any person who is the owner or occupier of any land in the vicinity of that operating centre may make representations on that ground against the grant of the application; and (c) (whether or not anyone objects or makes representations under paragraph (a) or (b) of this subsection) the authority may refuse the application on that ground. (3) For the purposes of subsection (2) of this section, an application shall be taken to relate to an operating centre if— (a) granting it would or could result in an increase in the number of vehicles, or the number of vehicles above a certain weight, that have that centre as their operating centre; or (b) any undertaking recorded in or condition attached to the licence that the application seeks to have varied or removed relates to that centre. (4) Where the application is for a place in the licensing authority’s area to be specified in the licence as an operating centre of the licence-holder— (a) any of the persons mentioned in section 63(3) of this Act may object to the grant of the application on the ground that that place will be unsuitable on environmental grounds for use as an operating centre of the licence-holder; and (b) subject to subsection (5) of this section, any person who is the owner or occupier of any land in the vicinity of that place may make representations against the grant of the application on that ground. (5) A person may not make representations under subsection (2)(b) or (4)(b) of this section unless any adverse effects on environmental conditions arising from the use of the operating centre or place in question would be capable of prejudicially affecting the use or enjoyment of the land there mentioned. (6) If any person duly objects or makes representations under subsection (4) of this section against an application for a place in the licensing authority’s area to be specified in the licence as an operating centre of the licence-holder, the authority may refuse the application— (a) on the ground that the parking of vehicles used under the licence at or in the vicinity of that place would cause adverse effects on environmental conditions in the vicinity of that place; (b) subject to subsection (7) of this section, on the ground that that place would be unsuitable on environmental grounds other than the ground mentioned in paragraph (a) of this subsection for use as an operating centre of the licence-holder. (7) The authority may not refuse the application on the ground mentioned in subsection (6)(b) of this section if— (a) on the date the application was made, the place in question was already specified in an operator’s licence granted by the authority as an operating centre of the holder of that licence; or (b) the applicant has produced to the authority a certificate in force in respect of that place under section 191 or 192 of the Town and Country Planning Act 1990 or section 90 or 90A of the Town and Country Planning (Scotland) Act 1972, stating that its use as an operating centre for vehicles used under any operator’s licence is or would be lawful. (8) Subsection (7) of this section does not apply in relation to any place that, at the time the application is determined by the licensing authority, is specified in an operator’s licence as an operating centre of the holder of that licence. (9) In paragraph (a) of subsection (7) of this section “operator’s licence” does not include a licence granted under section 67A of this Act, and the reference in that paragraph to a place being specified in an operator’s licence does not include a place being so specified— (a) by virtue of an interim direction such as is mentioned in section 68A of this Act; (b) if such conditions as may be prescribed in relation to the exercise of the right of any person to appeal against that place being so specified are not satisfied; (c) if such conditions as may be prescribed in relation to the review under section 69J of this Act of the decision so to specify that place are not satisfied; or (d) by reason of being situated within a place that is so specified.

Revocation, suspension and curtailment of licences.

48

• (1) Section 69 of the 1968 Act (revocation, suspension and curtailment of operators’ licences) shall be amended as follows.

• (2) For subsections (1) and (2) there shall be substituted—

(1) Subject to the following provisions of this section, the licensing authority by whom an operator’s licence was granted may direct that it be revoked, suspended or curtailed on any of the following grounds— (a) that a place in the authority’s area has, at a time when it was not specified in the licence as an operating centre of the licence-holder, been used as an operating centre for vehicles authorised to be used under the licence; (b) that the licence-holder has contravened any condition attached to the licence; (c) that during the five years ending with the date on which the direction is given there has been a conviction such as is mentioned in subsection (4)(a) to (ffff) of this section or a prohibition such as is mentioned in subsection (4)(h) of this section; (d) that during those five years, on occasions appearing to the authority to be sufficiently numerous to justify the giving of a direction under this subsection, there has been a conviction such as is mentioned in subsection (4)(g) of this section; (e) that the licence-holder made or procured to be made for the purposes of his application for the licence, an application for the variation of the licence or a request for a direction under paragraph 1 or 3 of Schedule 8A to this Act a statement of fact that (whether to his knowledge or not) was false or a statement of expectation that has not been fulfilled; (f) that any undertaking recorded in the licence has not been fulfilled; (g) that the licence-holder, being an individual, has been adjudged bankrupt, or, being a company, has gone into liquidation (other than voluntary liquidation for the purpose of reconstruction); (h) that since the licence was granted or varied there has been a material change in any of the circumstances of the licence-holder that were relevant to the grant or variation of the licence; (i) that the licence is liable to revocation, suspension or curtailment by virtue of a direction under subsection (6) of this section. (2) Where the licensing authority has power to give a direction in respect of a licence under subsection (1) of this section, the authority also has power to direct that a condition, or additional condition, such as is mentioned in section 66 of this Act be attached to the licence. (2A) In this Part of this Act any reference, in relation to an operator’s licence, to a condition attached to the licence under section 66 of this Act includes any condition that was attached to the licence under subsection (2) of this section.

• (3) For subsection (5) there shall be substituted—

(5) Where the licensing authority directs that an operator’s licence be revoked, the authority may order the person who was the holder of the licence to be disqualified, indefinitely or for such period as the authority thinks fit, from holding or obtaining an operator’s licence, and so long as the disqualification is in force— (a) any operator’s licence held by him at the date of the making of the order (other than the licence revoked) shall be suspended; and (b) notwithstanding anything in section 64 or 67A of this Act, no operator’s licence may be granted to him. (5A) If a person applies for or obtains an operator’s licence while he is disqualified under subsection (5) of this section— (a) he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale; and (b) any operator’s licence granted to him on the application or (as the case may be) the operator’s licence obtained by him shall be void. (5B) An order under subsection (5) of this section may be limited so as to apply only to the holding or obtaining of an operator’s licence in respect of the area of one or more specified licensing authorities and, if the order is so limited— (a) paragraphs (a) and (b) of that subsection and subsection (5A) of this section shall apply only to any operator’s licence to which the order applies; but (b) notwithstanding section 61(2)(b) of this Act, no other operator’s licence held by the person in question shall authorise the use by him of any vehicle at a time when its operating centre is in an area in respect of which he is disqualified by virtue of the order.

• (4) At the end of subsection (7) there shall be added “ and any reference below in this section to subsection (5) or to subsection (6) includes that subsection as it applies by virtue of this subsection.. ”

• (5) For subsection (8) there shall be substituted—

(8) The licensing authority by whom any direction suspending or curtailing a licence under subsection (1) of this section was given may at any time— (a) cancel the direction together with any order under subsection (7A) of this section that was made when the direction was given; (b) cancel any such order; or (c) with the consent of the licence-holder, vary the direction or any such order (or both the direction and any such order). (8A) The licensing authority by whom any order disqualifying a person was made under subsection (5) of this section may at any time— (a) cancel that order together with any direction that was given under subsection (6) of this section when the order was made; (b) cancel any such direction; or (c) with the consent of the person disqualified, vary the order or any such direction (or both the order and any such direction).

Publication of applications.

49

For section 69E of the 1968 Act there shall be substituted—

(69E) (1) Subject to subsection (4) of this section, the licensing authority to whom— (a) any application for an operator’s licence; or (b) any application for a direction such as is mentioned in subsection (2) of this section, is made shall refuse the application without considering its merits, unless he is satisfied that subsection (3) of this section has been complied with in respect of each locality affected by the application. (2) The directions referred to in subsection (1)(b) of this section are— (a) any direction under section 68(1)(a) of this Act that a maximum number specified in a licence under section 61A of this Act be increased; (b) any direction under section 68(1)(c) or (e) of this Act; (c) any direction under section 68(1)(g) of this Act that a new place be specified in a licence as an operating centre of the licence-holder; and (d) any direction under section 68(1)(h) or (i) of this Act which might result in a material change in the use of any operating centre of the licence-holder in the licensing authority’s area. (3) This subsection has been complied with in respect of a locality affected by an application if, within the period beginning twenty-one days before the date on which the application is made and ending twenty-one days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality. (4) The licensing authority is not required by this section to refuse an application if— (a) he is satisfied as mentioned in subsection (1) of this section, save only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements; and (b) he is satisfied that no person’s interests are likely to have been prejudiced by the failure to comply with those requirements. (5) For the purposes of this section a locality is affected by an application for, or for the variation of, an operator’s licence if— (a) it contains any place in the area of the licensing authority that will be an operating centre of the licence-holder if the application is granted; or (b) (in the case of an application for variation) it contains an existing operating centre of the licence-holder in the area of the authority and— (i) the granting of the application would or could result in an increase in the number of vehicles, or the number of vehicles above a certain weight, that have that centre as their operating centre; or (ii) any undertaking recorded in or condition attached to the licence that the application seeks to have varied or removed relates to that centre.

Review and transfer of operating centres.

50

• (1) After section 69E of the 1968 Act there shall be inserted—

(69EA) (1) Within such time after any period of review as may be prescribed, the licensing authority by whom an operator’s licence was granted may serve a notice on the licence-holder stating that the authority is considering whether to exercise any of his powers under sections 69EB and 69EC of this Act in relation to a place specified in the licence as an operating centre of the licence-holder. (2) The periods of review in relation to an operator’s licence are— (a) the period of five years beginning with the date specified in the licence as the date on which it came into force; and (b) each consecutive period of five years. (3) Regulations may amend subsection (2) of this section by substituting a higher or lower number (but not a number lower than five) for the number of years currently mentioned in paragraphs (a) and (b). (4) Regulations may make provision as to the manner in which notices under this section are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served). (69EB) (1) If, having served notice under section 69EA of this Act in respect of a place specified in an operator’s licence, the licensing authority determines that the place is unsuitable— (a) on grounds other than environmental grounds; or (b) on the ground mentioned in subsection (2) of this section, for use as an operating centre of the licence-holder, he may (subject to subsection (3) of this section) direct that it cease to be specified in the licence. (2) The ground referred to in subsection (1)(b) of this section is that the parking of vehicles used under the licence at or in the vicinity of the place causes adverse effects on environmental conditions in that vicinity. (3) Where the only ground for giving a direction under subsection (1) of this section is the ground mentioned in subsection (2) of this section, the authority may not give such a direction unless during the period of review in question representations were made to him— (a) by a person such as is mentioned in section 63(3) of this Act; or (b) by a person who is the owner or occupier of any land in the vicinity of the place in question, as to the place’s unsuitability on environmental grounds for continued use as an operating centre for vehicles used under any operator’s licence. (4) Representations made by a person such as is mentioned in subsection (3)(b) of this section shall be disregarded for the purposes of this section if, when they were made, any adverse effects on environmental conditions arising from the continued use of the place in question would not have been capable of prejudicially affecting the use or enjoyment of the land mentioned in subsection (3)(b). (69EC) (1) If, having served notice under section 69EA of this Act in respect of a place specified in an operator’s licence, the licensing authority does not give a direction in respect of the place under section 69EB of this Act, he may direct— (a) that conditions (or additional conditions) such as are mentioned in section 64B, 66(1)(c) or 69C of this Act be attached to the licence; (b) that any conditions already attached to the licence under section 64B, 66(1)(c) or 69C be varied. (2) Any conditions attached to the licence under subsection (1)(a) of this section shall relate (or in the case of conditions such as are mentioned in section 66(1)(c) of this Act, only require the authority to be informed of events that relate) only to the place referred to in subsection (1) of this section (or only to that place and any other places in respect of which the authority has power to attach conditions under that subsection). (3) Any variation under subsection (1)(b) of this section shall be such as imposes new or further restrictions or requirements in relation to that place, and only that place (or only that place and any other such places). (4) Where the licensing authority gives a direction in respect of an operator’s licence under section 69EB of this Act or subsection (1)(a) of this section, he may also vary the licence by directing— (a) that any vehicle cease to be specified in the licence; (b) that any maximum number specified in the licence under section 61A of this Act be reduced; (c) that a provision such as is mentioned in section 61(1A) of this Act be included in the licence; (d) that a provision such as is mentioned in section 61A(1)(b) or (2)(b) of this Act be included in the licence. (5) In this Part of this Act any reference, in relation to an operator’s licence, to a condition attached to the licence under section 64B, 66, or 69C of this Act includes any condition such as is mentioned in section 64B, 66 or (as the case may be) 69C that was attached to the licence under subsection (1)(a) of this section. (69ED) Schedule 8A to this Act (which makes provision in relation to certain applications for, or for the variation of, operators’ licences where the proposed operating centres of the applicant are already specified in an operator’s licence) shall have effect.

• (2) After Schedule 8 to the 1968 Act there shall be inserted the Schedule set out in Schedule 12 to this Act.

Assessors.

51

After section 69H of the 1968 Act (set out in Schedule 13 to this Act) there shall be inserted—

(69I) (1) In considering any financial question which appears to him to arise in relation to the exercise of his functions under this Part of this Act or the Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984, the licensing authority may be assisted by an assessor drawn from a panel of persons appointed for that purpose by the Secretary of State. (2) The Secretary of State shall pay to any such assessor in respect of his services such remuneration as may be determined by the Secretary of State with the consent of the Treasury.

Review of decisions.

52

After section 69I of the 1968 Act (set out in section 51 above) there shall be inserted—

(69J) (1) Subject to subsection (2) of this section, the licensing authority may review and, if he thinks fit, vary or revoke any decision of his to grant or refuse— (a) an application for an operator’s licence; or (b) an application for the variation of such a licence in a case where section 68(4) of this Act required notice of the application to be published, if he is satisfied that a procedural requirement imposed by or under any enactment has not been complied with in relation to the decision. (2) The licensing authority may only review a decision under subsection (1) of this section— (a) if, within such period after taking the decision as may be prescribed, he has given notice to the applicant or (as the case may be) the licence-holder that he intends to review the decision; (b) if, within that period, a person who appears to him to have an interest in the decision has requested him to review it; or (c) where neither paragraph (a) nor paragraph (b) of this subsection applies, if he considers there to be exceptional circumstances that justify the review. (3) Regulations may make provision as to the manner in which notices under subsection (2)(a) of this section are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served). (4) The variation or revocation of a decision under this section shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.

Appeals.

53

For section 70 of the 1968 Act there shall be substituted—

(70) (1) In the following provisions of this section “appeal” means appeal to the Transport Tribunal. (2) An applicant for, or for the variation of, an operator’s licence may appeal against the refusal of the application or (as the case may be) against the terms of the licence or of the variation. (3) The holder of an operator’s licence may appeal against any direction given under section 61(6), 69(1) or (2), 69EB or 69EC of this Act in respect of the licence. (4) The holder of an operator’s licence may appeal against any order made under section 69(7A) of this Act on the suspension or curtailment of the licence. (5) A person in respect of whom an order has been made under section 69(5) of this Act (including section 69(5) as it applies by virtue of section 69(7) of this Act) may appeal against that order and against any direction given under section 69(6) of this Act (including section 69(6) as it so applies) when the order was made. (6) A person who has duly made an objection to an application for, or for the variation of, an operator’s licence may appeal against the grant of the application. (7) A person who— (a) within the prescribed period has made an application for a review under section 69J of this Act; and (b) has been certified by the licensing authority as a person such as is mentioned in subsection (2)(b) of that section, may appeal against the refusal of the application. (8) In subsections (2) and (3) of this section “operator’s licence” does not include a licence granted under section 67A of this Act.

Partnerships.

54

After section 85 of the 1968 Act there shall be inserted—

(85A) Regulations may provide for this Part of this Act to apply in relation to partnerships with such modifications as may be specified in the regulations.

Operators’ licences not to be transferable etc.

55

For section 86 of the 1968 Act there shall be substituted—

(86) (1) Subject to any regulations under section 85 of this Act, an operator’s licence is not transferable or assignable. (2) Regulations may make provision enabling the licensing authority, where the holder of an operator’s licence granted by him has died or become a patient within the meaning of Part VII of the Mental Health Act 1983, to direct that the licence be treated— (a) as not having terminated at the time the licence-holder died or became such a patient but as having been suspended (that is, as having remained in force subject to the limitation that no vehicles were authorised to be used under it) from that time until the time the direction comes into force; and (b) as having effect from the time the direction comes into force for a specified period and as being held during that period (for such purposes and to such extent as may be specified) not by the person to whom it was granted but by such other person carrying on that person’s business, or part of that person’s business, as may be specified. (3) Regulations may make provision enabling the licensing authority in prescribed circumstances to direct that any operator’s licence granted by him be treated (for such purposes, for such period and to such extent as may be specified) as held not by the person to whom it was granted but by such other person carrying on that person’s business, or part of that person’s business, as may be specified. (4) Regulations may make provision enabling the licensing authority to direct, for the purpose of giving effect to or supplementing a direction given by him by virtue of subsection (2) or (3) of this section, that this Part of this Act apply with specified modifications in relation to the person who is to be treated under the direction as the holder of an operator’s licence. (5) In this section “specified”, in relation to a direction, means specified— (a) in the regulations under which the direction was given; or (b) in the direction in accordance with those regulations.

Fees.

56

For section 89 of the 1968 Act there shall be substituted—

(89) (1) Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged by the licensing authority in respect of— (a) applications for or for the variation of operators’ licences; (b) the issue or variation of operators’ licences; (c) the continuation in force of operators’ licences; (d) any arrangements made with the holder of an operator’s licence to treat the licence for certain administrative purposes as if it were two or more licences. (2) The licensing authority may decline to proceed with— (a) any application for or for the variation of an operator’s licence; or (b) the issue or variation of any operator’s licence, until any fee or instalment of a fee in respect of the application, issue or variation (as the case may be) is duly paid. (3) If, in the case of any application for or for the variation of an operator’s licence, any fee or instalment of a fee in respect of the application or the issue or variation of the licence is not duly paid by the prescribed time— (a) the application shall be treated as withdrawn at that time; and (b) any decision made or direction given on the application, and any licence issued or variation effected in pursuance of such a decision or direction, ceases to have effect or terminates at that time. (4) If any fee or instalment of a fee in respect of the continuation in force of an operator’s licence is not duly paid by the prescribed time, the licence terminates at that time. (5) The licensing authority may, if he considers there to be exceptional circumstances that justify his doing so, in any case where subsection (3) or (4) of this section has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded. (6) Where, by virtue of such a direction, the effect of subsection (3)(a) of this section is to be disregarded in any case, any termination— (a) of a licence under section 67A(4)(b) or (5) of this Act; or (b) of a direction under section 68A(4) of this Act, by virtue of the operation of subsection (3)(a) in that case before the direction was given shall be cancelled with effect from the same time. (7) Where such a direction is given in respect of an operator’s licence— (a) any condition attached to the licence under section 66 of this Act shall be treated as having been of no effect during the period beginning with the time the licence terminated by virtue of subsection (3) or (4) of this section and ending with the time the direction comes into force; and (b) subject to paragraph (a) of this subsection, the licensing authority may vary any such condition as it applies in relation to events occurring before the direction comes into force. (8) All fees payable under this Part of this Act shall be paid into the Consolidated Fund in such manner as the Treasury may direct.

Chapter III: minor and consequential amendments.

57

• (1) The 1968 Act shall have effect with the further amendments set out in Part I of Schedule 13 to this Act.

• (2) The enactments mentioned in Part II of that Schedule shall have effect with the amendments set out in that Part.

CHAPTER IV — Public Service Vehicle Operator Licensing etc.

The 1981 Act.

58

In this Chapter “the 1981 Act” means the Public Passenger Vehicles Act 1981.

Undertakings given on applications.

59

• (1) The 1981 Act shall be amended as follows.

• (2) After section 14(3) (which provides that an application for a PSV operator’s licence shall not be granted unless there will be adequate facilities or arrangements for maintaining the vehicles proposed to be used under the licence etc.) there shall be inserted—

(3A) In considering on an application for a PSV operator’s licence whether the requirements mentioned in subsection (3) above are satisfied, the traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application and may assume that those undertakings will be fulfilled.

• (3) After section 14(4) there shall be inserted—

(5) In any case where the traffic commissioner grants an application for a PSV operator’s licence, any undertakings taken into account by him under subsection (3A) above that he considers to be material to the granting of the application shall be recorded in the licence issued to the applicant.

• (4) In section 16(6) (which provides that, on the application of the holder of a PSV operator’s licence, a traffic commissioner may vary or remove conditions attached to the licence) after paragraph (b) there shall be inserted—

or (c) vary or remove any undertaking recorded in the licence;

.

• (5) After section 16(6) there shall be inserted—

(6A) In considering whether to grant an application under subsection (6) above, the traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled. (6B) In any case where the traffic commissioner grants an application under subsection (6) above, any undertakings taken into account by him under subsection (6A) above that he considers to be material to the granting of the application shall be recorded in the licence as varied.

• (6) In section 17(3) (which sets out the grounds on which a licence may be revoked, suspended or varied under section 17(2)) after paragraph (a) there shall be inserted—

(aa) that any undertaking recorded in the licence has not been fulfilled;

.

Objections to applications for licences.

60

After section 14A(2) of the 1981 Act (which requires objections to applications for PSV operators’ licences to be made within the prescribed time and in the prescribed manner) there shall be inserted—

(2A) Where the traffic commissioner considers there to be exceptional circumstances that justify his doing so, he may direct that an objection be treated for the purposes of this Part of this Act as duly made under this section, notwithstanding that it was not made within the prescribed time or in the prescribed manner.

Duration of licences.

61

In section 15 of the 1981 Act (duration of licences) for the words from “and the date on which it is to expire” to the end there shall be substituted—

(2) Subject to its revocation or other termination under any provision of this Act or another statutory provision, a PSV operator’s licence shall continue in force indefinitely. (3) If the holder of a PSV operator’s licence requests the traffic commissioner by whom it was granted to terminate it at any time, the commissioner shall, subject to subsection (4) below, comply with the request. (4) The traffic commissioner may refuse to comply with the request if he is considering taking action in respect of the licence under section 17(1) or (2) of this Act.

Suspension of licences.

62

• (1) Section 17 of the 1981 Act (revocation, suspension etc. of licences) shall be amended as follows.

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

• (3) After subsection (5) there shall be inserted—

(5A) Where a licence is suspended under this section, it remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it. (5B) A traffic commissioner who has suspended a licence under this section may at any time— (a) cancel the suspension; or (b) with the consent of the holder of the licence, vary the period for which it is suspended.

Operators’ discs.

63

• (1) Section 18 of the 1981 Act (duty to exhibit operator’s disc) shall be amended as follows.

• (2) For subsection (2) (which requires the holder of a PSV operator’s licence to be supplied with a number of operators’ discs equal to the maximum number of vehicles that he may use under the licence) there shall be substituted—

(2) A traffic commissioner on granting a PSV operator’s licence shall supply the person to whom the licence is granted— (a) with a number of operators’ discs equal to the maximum number of vehicles that he may use under the licence in accordance with the condition or conditions attached to the licence under section 16(1) of this Act; or (b) with such lesser number of operators’ discs as he may request. (2A) Where, in the case of any PSV operator’s licence, the maximum number referred to in subsection (2)(a) above is increased on the variation of one or more of the conditions there referred to, the traffic commissioner on making the variation shall supply the holder of the licence— (a) with such number of additional operators’ discs as will bring the total number of operators’ discs held by him in respect of the licence to that maximum number, or (b) with such lesser number of additional operators’ discs as he may request. (2B) Where the number of operators’ discs currently held in respect of a PSV operator’s licence is less than the maximum number referred to in subsection (2)(a) above, the traffic commissioner by whom the licence was granted shall on the application of the holder of the licence supply him with such number of additional operators’ discs as is mentioned in subsection (2A)(a) or (b) above. (2C) Where, in accordance with regulations under subsection (3)(aa) below, all the operators’ discs held in respect of a PSV operator’s licence expire at the same time, the traffic commissioner by whom the licence was granted shall supply the holder of the licence with a number of new operators’ discs equal to the number of discs that have expired.

• (3) In subsection (3) (provision that may be made by regulations)—

• (a) after paragraph (a) there shall be inserted—

(aa) as to the expiry of operators’ discs;

, and

• (b) at the end there shall be added—

(e) for the voluntary return of operators’ discs by the holder of a PSV operator’s licence.

Repeal of section 27 of the 1981 Act.

64

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

Review of decisions and correction of errors.

65

• (1) After section 49 of the 1981 Act there shall be inserted—

(49A) (1) Subject to subsection (2) below, a traffic commissioner may review and, if he thinks fit, vary or revoke any decision of his— (a) to grant or refuse an application for a PSV operator’s licence; or (b) to grant or refuse an application for the variation of a PSV operator’s licence, if he is satisfied that a procedural requirement imposed by or under this Act has not been complied with in relation to the decision. (2) A traffic commissioner may only review a decision under subsection (1) above— (a) if, within such period after taking the decision as may be prescribed, he has given notice to the applicant or (as the case may be) the licence-holder that he intends to review the decision; (b) if, within that period, a person who appears to him to have an interest in the decision has requested him to review it; or (c) where neither paragraph (a) nor paragraph (b) above applies, if he considers there to be exceptional circumstances that justify the review. (3) Regulations may make provision as to the manner in which notices under subsection (2)(a) above are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served). (4) The variation or revocation of a decision under this section shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.

• (2) In section 50 of the 1981 Act (appeals to the Transport Tribunal) after subsection (4) there shall be inserted—

(4A) A person who— (a) within the prescribed period has made an application for a review under section 49A of this Act; and (b) has been certified by the traffic commissioner as a person such as is mentioned in subsection (2)(b) of that section, may appeal to the Transport Tribunal against the refusal of the application.

• (3) After section 56 of the 1981 Act there shall be inserted—

(56A) Where it appears to the traffic commissioner for a traffic area that a document purporting to record, or issued in consequence of, a decision taken in the exercise of his functions contains a clerical error, he may issue a corrected document or a notice in writing that the document is to have effect with such corrections as are stated in the notice.

Fees.

66

• (1) The 1981 Act shall be amended as follows.

• (2) In section 52(1)(a) (which sets out matters in respect of which the traffic commissioner for an area is to charge fees) after sub-paragraph (i) there shall be inserted—

(ia) applications under section 16(6) of this Act and the grant of such applications; (ib) the continuation in force of PSV operators’ licences;

.

• (3) For section 52(2)(b) there shall be substituted—

(b) the grant of any PSV operator’s licence or of any application under section 16(6) of this Act; (bb) the issue of any certificate, disc or other document referred to in subsection (1) above; or

.

• (4) After section 52(2) there shall be inserted—

(2A) If, in the case of any application for a PSV operator’s licence, any fee or instalment of a fee in respect of the application, the grant of the licence or the issue of operators’ discs under section 18(2) of this Act is not duly paid by the prescribed time— (a) the application shall be treated as withdrawn at that time; (b) any decision made on the application ceases to have effect at that time; and (c) any licence granted in pursuance of such a decision terminates at that time. (2B) If, in the case of any application under section 16(6) of this Act, any fee or instalment of a fee in respect of the application, the grant of the application or the issue of operators’ discs under section 18(2A) of this Act is not duly paid by the prescribed time— (a) the application shall be treated as withdrawn at that time; (b) any decision made on the application, and any variation effected in pursuance of such a decision, ceases to have effect at that time. (2C) If, in the case of any PSV operator’s licence, any fee or instalment of a fee in respect of— (a) the continuation in force of the licence; or (b) the issue of operators’ discs under section 18(2C) of this Act, is not duly paid by the prescribed time, the licence terminates at that time. (2D) If any fee or instalment of a fee in respect of any operators’ discs that have been issued under section 18 of this Act is not duly paid by the prescribed time, the discs cease to have effect at that time. (2E) The traffic commissioner by whom a PSV operator’s licence was granted may, if he considers there to be exceptional circumstances that justify his doing so in any case where subsection (2A), (2B), (2C) or (2D) above has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded. (2F) Where the traffic commissioner has given a direction under subsection (2E) above in respect of a PSV operator’s licence in a case where subsection (2A) or (2C) above has applied, it shall not for the purposes of section 20(1) or (2) of this Act be regarded as having been practicable for the licence-holder to— (a) report any matter to the Secretary of State; or (b) give him notice of any alteration, during the period beginning with the time mentioned in subsection (2A) or (2C) and ending when the direction came into force.

• (5) In section 60 (general power to make regulations for purposes of Act) for subsection (1)(e) there shall be substituted—

(e) the fees to be payable under this Act, the persons liable to pay them, and the repayment (or partial repayment), in prescribed circumstances, of fees paid under this Act;

.

Disqualification of PSV operators.

67

• (1) Section 28 of the Transport Act 1985 (power to disqualify PSV operators) shall be amended as follows.

• (2) In subsection (2) (so long as a person is disqualified, no licence shall be granted to him and any obtained by him shall be of no effect) for the words from “no PSV” to the end there shall be substituted—

(a) any PSV operator’s licence held by him at the date of the making of the order under subsection (1) above (other than the licence revoked) shall be suspended (that is, shall remain in force subject to the limitation that no vehicles are authorised to be used under it); and (b) notwithstanding section 14(4) of the 1981 Act, no PSV operator’s licence may be granted to him.

• (3) After subsection (2) there shall be inserted—

(2A) If a person obtains a PSV operator’s licence while he is disqualified under subsection (1) above, the licence shall be void.

• (4) At the end of subsection (5) (the traffic commissioner may exercise his powers under section 28 in relation to officers of corporate licence-holders and partners of licence-holders) there shall be added— “ and any reference in subsection (6A) below to subsection (1) above or to subsection (4) above includes that subsection as it applies by virtue of this subsection. ”

• (5) After subsection (6) there shall be inserted—

(6A) The traffic commissioner by whom any order disqualifying a person was made under subsection (1) above may at any time— (a) cancel that order together with any direction that was given under subsection (4) above when the order was made; (b) cancel any such direction; or (c) with the consent of the person disqualified, vary the order or any such direction (or both the order and any such direction).

Chapter IV: minor and consequential amendments.

68

The 1981 Act and the Transport Act 1985 shall have effect with the further amendments set out in Schedule 14 to this Act.

Part II — Contracting Out

Contracting out of functions

Functions of Ministers and office-holders.

69

• (1) This section applies to any function of a Minister or office-holder—

• (a) which is conferred by or under any enactment; and

• (b) which, by virtue of any enactment or rule of law, may be exercised by an officer of his; and

• (c) which is not excluded by section 71 below.

• (2) If a Minister by order so provides, a function to which this section applies may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the office-holder or Minister whose function it is.

• (3) A Minister shall not make an order under this section in relation to an office-holder without first consulting him.

• (4) An order under this section may provide that a function to which this section applies may be exercised, and an authorisation given by virtue of such an order may (subject to the provisions of the order) authorise the exercise of such a function—

• (a) either wholly or to such extent as may be specified in the order or authorisation;

• (b) either generally or in such cases or areas as may be so specified; and

• (c) either unconditionally or subject to the fulfilment of such conditions as may be so specified.

• (5) An authorisation given by virtue of an order under this section—

• (a) shall be for such period, not exceeding 10 years, as is specified in the authorisation;

• (b) may be revoked at any time by the Minister or office-holder by whom the authorisation is given; and

• (c) shall not prevent that Minister or office-holder or any other person from exercising the function to which the authorisation relates.

Functions of local authorities.

70

• (1) This section applies to any function of a local authority—

• (a) which is conferred by or under any enactment; and

• (b) which, by virtue of section 101 of the Local Government Act 1972 or section 56 of the Local Government (Scotland) Act 1973 or an enactment mentioned in subsection (1ZA) below, may be exercised by an officer of the authority; and

• (c) which is not excluded by section 71 below.

• (1A) This section also applies to any function of a local authority—

• (a) if, and to the extent that, it is the responsibility of an executive of that local authority under executive arrangements, within the meaning of Part II of the Local Government Act 2000;

• (b) which is conferred by or under any enactment;

• (c) which, by virtue of any of sections 14 to 16, or any provisions made under sections 17 to 20, of the Local Government Act 2000 (provisions with respect to executive arrangements—discharge of functions etc. ), may be exercised by an officer of the local authority; and

• (d) which is not excluded by section 71 below.

• (1ZA) The enactments referred to in subsection (1)(b) above are—

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

• (b) section 38 or 380 of the Greater London Authority Act 1999 (delegation of functions exercisable by the Mayor of London);

• (c) paragraph 7 of Schedule 10 to that Act (delegation by Transport for London).

• (1ZB) In its application in relation to a local authority which is a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies or a fire and rescue authority created by an order under section 4A of that Act, subsection (1) above has effect as if paragraph (b) were omitted.

• (1ZC) In its application to a local authority which is a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, subsection (1) has effect as if for paragraph (b) there were substituted—

(b) which by virtue of regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 may be exercised by an officer of the authority;

• (2) If a Minister by order so provides, a function to which this section applies may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the local authority whose function it is.

• (3) A Minister shall not make an order under this section in relation to a local authority without first consulting—

• (a) in the case of an authority in England or Wales, such representatives of local government;

• (b) in the case of an authority in Scotland, such associations of local authorities,

as he considers appropriate.

• (4) Subsections (4) and (5) of section 69 above shall apply for the purposes of this section as they apply for the purposes of that section; and in subsection (5) of that section as so applied any reference to the Minister or office-holder by whom the authorisation is given shall be construed as a reference to the local authority by which the authorisation is given.

• (5) Where at any time—

• (a) an order is in force under this section in relation to any function of a local authority (“authority A”); and

• (b) arrangements are in force under section 101 of the Local Government Act 1972 or section 56 of the Local Government (Scotland) Act 1973 for the exercise of that function by another local authority (“authority B”),

it shall be an implied term of those arrangements that, except with the consent of authority A, authority B shall not give any authorisation by virtue of the order in relation to that function.

• (5A) In its application to a local authority which is a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, subsection (5) has effect as if the references to arrangements under section 101 of the Local Government Act 1972 were references to arrangements under regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021.

• (6) Any reference in subsection (5) above to arrangements under section 101 of the Local Government Act 1972 includes a reference to an authorisation under section 38 or 380 of the Greater London Authority Act 1999.

• (7) Where at any time—

• (a) an order is in force under this section in relation to any function of a local authority (“authority A”);

• (b) that function, to any extent, is the responsibility of an executive of authority A under executive arrangements, within the meaning of Part II of the Local Government Act 2000; and

• (c) arrangements are in force under regulations made under section 19 of the Local Government Act 2000 (discharge of functions of and by another local authority) for the exercise of that function, to any extent, by another local authority (“authority B”) or by any executive of authority B,

it shall be an implied term of those arrangements that authority B or, as the case may be, the executive of authority B, shall not give any authorisation by virtue of the order in relation to that function except with the consent of the executive of authority A.

Functions excluded from sections 69 and 70.

71

• (1) Subject to subsections (2) and (3) below, a function is excluded from sections 69 and 70 above if—

• (a) its exercise would constitute the exercise of jurisdiction of any court or of any tribunal which exercises the judicial power of the State; or

• (b) its exercise, or a failure to exercise it, would necessarily interfere with or otherwise affect the liberty of any individual; or

• (c) it is a power or right of entry, search or seizure into or of any property; or

• (d) it is a power or duty to make subordinate legislation.

• (2) Subsection (1)(b) and (c) above shall not exclude any function of the official receiver attached to any court.

• (3) Subsection (1)(c) above shall not exclude any function of a local authority under, or under regulations made under, any of the following enactments, namely—

• (a) section 247 of the Local Government (Scotland) Act 1947 (enforcement of non-domestic rates);

• (b) Part VI of the General Rate Act 1967 (distress for general rates);

• (c) paragraphs 7 and 7A of Schedule 2 and paragraph 11 of Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (enforcement of community charges and community water charges);

• (d) paragraphs 5 to 7 of Schedule 4 to the Local Government Finance Act 1988 (enforcement of community charge);

• (e) paragraph 3(2)(b) of Schedule 9 to that Act (enforcement of non-domestic rates);

• (ea) section 48 of the Local Government Act 2003 (administration etc of BID levy) if the function corresponds to any function falling within paragraph (e) above,.

• (f) paragraphs 5 to 7 of Schedule 4 to the Local Government Finance Act 1992 (enforcement of council tax);

• (g) paragraphs 2 and 6 of Schedule 8 and paragraph 11 of Schedule 11 to that Act (enforcement of council tax and council water charge); ...

• (h) paragraph 2 of Schedule 10 to the Local Government etc. (Scotland) Act 1994 (enforcement of water and sewerage charges); and

• (i) sections 217 and 218 of the Planning Act 2008 (Community Infrastructure Levy: collection and enforcement).

Effect of contracting out.

72

• (1) This section applies where by virtue of an order made under section 69 or 70 above a person is authorised to exercise any function of a Minister, office-holder or local authority.

• (2) Subject to subsection (3) below, anything done or omitted to be done by or in relation to the authorised person (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done—

• (a) in the case of a function of a Minister or office-holder, by or in relation to the Minister or office-holder in his capacity as such;

• (b) in the case of a function of a local authority, by or in relation to that authority.

• (3) Subsection (2) above shall not apply—

• (a) for the purposes of so much of any contract made between the authorised person and the Minister, office-holder or local authority as relates to the exercise of the function, or

• (b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of his).

Termination of contracting out.

73

• (1) This section applies where—

• (a) by virtue of an order made under section 69 or 70 above a person is authorised to exercise any function of a Minister, office-holder or local authority; and

• (b) the order or authorisation is revoked at a time when a relevant contract is subsisting.

• (2) The authorised person shall be entitled to treat the relevant contract as repudiated by the Minister, office-holder or local authority (and not as frustrated by reason of the revocation).

• (3) In this section “relevant contract” means so much of any contract made between the authorised person and the Minister, office-holder or local authority as relates to the exercise of the function.

Provisions for facilitating contracting out

Powers of certain office-holders.

74

• (1) In so far as an office-holder to whom this section applies does not already have power to do so, he may authorise an officer of his to exercise any function of his which is conferred by or under any enactment.

• (2) Subject to subsection (3) below, anything done or omitted to be done by an officer so authorised in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the office-holder in his capacity as such.

• (3) Subsection (2) above shall not apply for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that subsection.

• (4) The office-holders to whom this section applies are—

• (a) the registrar of companies for England and Wales, Scotland or Northern Ireland;

• (b) the official receiver attached to any court;

• (c) the Comptroller-General of Patents, Designs and Trade Marks;

• (d) the Public Trustee;

• (e) a traffic commissioner;

• (f) the registrar of approved driving instructors;

• (g) the Registrar General of Births, Deaths and Marriages for Scotland;

• (h) the Keeper of the Registers of Scotland; and

• (i) the Keeper of the Records of Scotland.

Restrictions on disclosure of information.

75

Schedule 15 to this Act (which contains provisions modifying certain restrictions on the disclosure of information where functions of Ministers, office-holders or local authorities are contracted out) shall have effect.

Amendments of enactments etc.

76

Schedule 16 to this Act (which contains amendments and other provisions for facilitating or otherwise in connection with the contracting out of particular functions, whether in pursuance of an order made under section 69 or 70 above or otherwise) shall have effect.

Supplemental

Provisions with respect to orders.

77

• (1) An order under section 69 or 70 above—

• (a) shall be made by statutory instrument;

• (b) may contain provisions (including provisions modifying enactments) which are consequential upon, or supplemental or incidental to, the provisions made by the order which fall within subsection (2) of that section; and

• (c) may contain such transitional provisions and savings as appear to the Minister by whom the order is made to be appropriate.

• (2) No order shall be made under section 69 or 70 above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Extent of Part II.

78

• (1) The following provisions of this Part extend to Northern Ireland, namely—

• (a) sections 69 and 74 above;

• (b) the other provisions of this Part in so far as they relate to orders under section 69 or to functions of Ministers or office-holders; and

• (c) paragraphs 4, 24 and 25 of Schedule 16.

• (2) In so far as they relate to functions under enactments relating to patents, registered designs or trade marks, the provisions of this Part also extend to the Isle of Man, subject to such exceptions and modifications as Her Majesty may specify by Order in Council.

Interpretation of Part II.

79

• (1) In this Part—

• “employee”, in relation to a body corporate, includes any director or other officer of that body;

• “enactment” does not include an enactment contained in Northern Ireland legislation but, subject to that, includes an enactment contained in an Act (whenever passed) and an enactment contained in subordinate legislation (whenever made);

• “function”, in relation to a local authority, includes any power to do any thing which is calculated to facilitate, or is conducive or incidental to, the exercise of a function;

• “joint board”—in relation to England and Wales, means a joint or special planning board constituted for a National Park by order under paragraph 1, 3 or 3A of Schedule 17 to the Local Government Act 1972, or a joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990;in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973;

• “joint committee”—in relation to England and Wales, means a joint committee appointed under section 102(1)(b) of the Local Government Act 1972;in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973;

• “local authority”—in relation to England, has the meaning given by section 79A;in relation to Wales, has the meaning given by section 79B;in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973;

• “Minister” has the same meaning as Minister of the Crown has in the Ministers of the Crown Act 1975;

• “Northern Ireland legislation” means—Northern Ireland legislation within the meaning of section 24 of the Interpretation Act 1978; andinstruments, within the meaning of the Interpretation Act (Northern Ireland) 1954, made under such legislation;

• “office-holder” does not include a Minister, an officer of either House of Parliament, the Auditor General for Wales, the Parliamentary Commissioner for Administration, the Public Services Ombudsman for Wales ... , the Health Service Commissioner for England ... or the Scottish Public Services Ombudsman but, subject to that, means—the holder of an office created or continued in existence by a public general Act of Parliament;the holder of an office the remuneration in respect of which is paid out of money provided by Parliament;the registrar of companies for England and Wales, Scotland or Northern Ireland; andthe registrar of approved driving instructors;

• “officer”—in relation to a Minister, means any person in the civil service of the Crown who is serving in his department;in relation to an office-holder, means any member of his staff, or any person in the civil service of the Crown who has been assigned or appointed to assist him in the exercise of his functions;

• “the registrar of approved driving instructors” means the officer of the Secretary of State by whom the register of approved driving instructors established in pursuance of section 23 of the Road Traffic Act 1962 is compiled and maintained;

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

• (2) In relation to any time before 1st April 1996, subsection (1) above shall have effect as if, in paragraph (b) of the definition of “local authority”, for the words “county borough” there were substituted the word “ district ”.

• (3) Subject to subsection (4) below, this Part shall have effect as if—

• (a) any reference to a Minister included a reference to the Forestry Commissioners or to the Charity Commission;

• (b) any reference to an officer in relation to the Charity Commission were a reference to a member or member of staff of the Commission; and.

• (b) any reference to a local authority included references to a joint board and a joint committee.

• (4) Nothing in subsection (3) above shall be construed as enabling those Commissioners or that Commission ... to make an order under section 69 or 70 above ....

• (5) Subject to subsection (6) below, any function of an examiner or other officer of the Patent Office which is conferred by or under any enactment shall be treated for all purposes of this Part as if it were a function of the Comptroller-General of Patents, Designs and Trade Marks.

• (6) In any case where by virtue of an order made under section 69 above a person is authorised by that Comptroller to exercise any such function as is mentioned in subsection (5) above, section 72(2) above shall have effect as if for paragraphs (a) and (b) there were substituted the words “ by or in relation to an examiner or other officer of the Patent Office in his capacity as such ”.

“Local authority”: England

79A

In this Part, “local authority” in relation to England means—

• (a) a county council;

• (b) a district council;

• (c) a London borough council;

• (d) the Greater London Authority acting through the Mayor of London;

• (e) the Common Council of the City of London;

• (f) the sub-treasurer of the Inner Temple;

• (g) the under treasurer of the Middle Temple;

• (h) the Council of the Isles of Scilly;

• (i) a parish council;

• (j) a National Park authority;

• (k) a functional body within the meaning of the Greater London Authority Act 1999;

• (l) an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);

• (m) a joint authority established by Part 4 of that Act (fire and rescue services and transport);

• (ma) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

• (mb) a combined authority established under section 103 of that Act;

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

• (n) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• (na) a fire and rescue authority created by an order under section 4A of that Act;

• (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (q) any body specified for the purposes of this paragraph by regulations under section 79C.

“Local authority”: Wales

79B

In this Part, “ local authority ” in relation to Wales means—

• (a) a county council;

• (b) a county borough council;

• (c) a community council;

• (d) a National Park authority;

• (da) a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

• (e) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990;

• (f) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) any body specified for the purposes of this paragraph by regulations under section 79C.

Regulations for the purposes of section 79A and 79B

79C

• (1) The Secretary of State may by regulations made by statutory instrument specify for the purposes of section 79A(q) or 79B(h) any body which is (or any class of bodies each of which is)–

• (a) a levying body, within the meaning of section 74 of the Local Government Finance Act 1988;

• (b) a body to which section 75 of that Act applies (bodies with power to issue special levies);

• (c) a body to which section 118 of that Act applies (other bodies with levying powers);

• (d) a local precepting authority as defined in section 69 of the Local Government Finance Act 1992.

• (2) Regulations under subsection (1)—

• (a) may provide for this Part to have effect, in relation to a body specified under that subsection, subject to exceptions or modifications;

• (b) may contain transitional provisions and savings.

• (3) Any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part III — Supplementary

Financial provisions.

80

• (1) There shall be paid out of money provided by Parliament—

• (a) any sums required by a Minister of the Crown, an office-holder or the Forestry Commissioners for making payments under contracts entered into under or by virtue of Part II of this Act;

• (b) any administrative expenses incurred by a Minister of the Crown or office-holder in consequence of the provisions of this Act; and

• (c) any increase attributable to this Act in the sums so payable under any other Act.

• (2) In this section—

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “office-holder” has the same meaning as in Part II of this Act.

Repeals.

81

• (1) The enactments mentioned in Schedule 17 to this Act (which include enactments which are spent) are hereby repealed to the extent specified in the third column of that Schedule.

• (2) The extent of any repeal in that Schedule of an enactment is the same as that of the enactment repealed.

Short title, commencement and extent.

82

• (1) This Act may be cited as the Deregulation and Contracting Out Act 1994.

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

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

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

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

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

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

• (8) Except in so far as any provision of this Act otherwise provides, this Act, other than Chapter I of Part I and this section, does not extend to Northern Ireland.

SCHEDULE 1

Explanation of suggested remedial action

1

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

Explanation of immediate enforcement action et ceteralaetc.

2

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

Right to make representations

3

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

Explanation of right of appeal

4

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

Application of provisions to other interested persons

5

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

SCHEDULE 2

Telecommunications

1

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

2

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

3

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

Electricity

4

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5

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6

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7

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Water

8

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9

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10

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Railways

11

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12

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13

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14

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Interpretation

15

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SCHEDULE 3

1

The Restrictive Trade Practices Act 1976 shall be amended as follows.

2

In section 1 (registration of agreements) after subsection (2) there shall be inserted—

(2A) In the case of a non-notifiable agreement, subsection (2)(a) and (b) above shall only apply where the Director considers that any restrictions or information provisions by virtue of which this Act applies to the agreement are of such significance as to call for investigation by the Court.

3

• (1) Section 24 (particulars and time for registration) shall be amended as follows.

• (2) In subsection (1) (duty to furnish particulars of agreements subject to registration under the Act) after “under this Act” there shall be inserted “ , other than a non-notifiable agreement, ”.

• (3) In subsection (2) (additional provisions about particulars to be furnished)—

• (a) in paragraph (a), after “under this Act” there shall be inserted “ and is not a non-notifiable agreement ”, and