Local Transport Act 2008

(1A) The traffic commissioner may (on granting the licence or at any other time) attach, or direct a traffic commissioner for another traffic area to attach, a condition falling within subsection (1B) below to any one or more of the following PSV operator's licences (wherever granted)— (a) the licence mentioned in subsection (1) above; (b) any other licence held by the operator; (c) where the operator is an undertaking, any licence held by a group undertaking in relation to that undertaking (see subsection (7) below). (1B) The conditions are— (a) a condition prohibiting the holder of the licence from using vehicles under the licence to provide any local service of a description specified in the condition; (b) a condition prohibiting the holder of the licence from so using vehicles to provide local services of any description. (1C) A condition under subsection (1A) may be attached— (a) indefinitely; or (b) for a period of time specified by the traffic commissioner (which may commence immediately or on a date so specified).

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• (4) In subsection (2)—

• (a) after “attach” insert “ (or direct another commissioner to attach) ”;

• (b) for “subsection (1)” substitute “ subsection (1A) ”;

• (c) for “that subsection” substitute “ subsection (1) above ”.

• (5) After subsection (2) insert—

(2A) Where a direction is given under subsection (1A) above to a traffic commissioner for another area, that traffic commissioner must either— (a) attach the condition to the licence; or (b) if he considers that there is a good reason not to attach the condition to the licence, inform the traffic commissioner who gave the direction of that fact and of the reason.

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• (6) In subsection (3), for “subsection (1)” substitute “ subsection (1A) ”.

• (7) In subsection (5) (power to impose conditions in certain cases relating to the use of vehicles)—

• (a) for “Where” substitute “ Subsection (5A) below applies in any case where ”;

• (b) for the words from “he may” to the end of subsection (5) substitute the subsections set out in subsection (8).

• (8) The subsections are—

(5A) The traffic commissioner may (on granting the licence or at any other time) attach, or direct a traffic commissioner for another traffic area to attach, to any one or more of the licences mentioned in subsection (5B) below a condition restricting the vehicles which the operator may use under the licence to vehicles specified in the condition. (5B) The licences are the following PSV operator's licences (wherever granted)— (a) the licence mentioned in subsection (5) above; (b) any other licence held by the operator; (c) where the operator is an undertaking, any licence held by a group undertaking in relation to that undertaking (see subsection (7) below). (5C) Where a direction is given under subsection (5A) above to a traffic commissioner for another area, that traffic commissioner must either— (a) attach the condition to the licence; or (b) if he considers that there is a good reason not to attach the condition to the licence, inform the traffic commissioner who gave the direction of that fact and of the reason.

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• (9) In subsection (6)—

• (a) for “subsection (5)” substitute “ subsection (5A) ”;

• (b) in paragraph (a) after “the commissioner” insert “ who attached that condition ”.

• (10) At the end of the section insert—

(7) In this section “undertaking” and “group undertaking” have the same meaning as in the Companies Acts (see section 1161 of the Companies Act 2006).

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Powers of traffic commissioners where services not operated as registered

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• (1) After section 27 of the TA 1985 (supplementary provisions with respect to conditions attached to a PSV operator's licence under section 26) insert—

(27A) (1) This section applies in any case where it appears to a traffic commissioner that a person (“the operator”)— (a) has, or may have, failed to operate a local service registered under section 6 of this Act; or (b) has, or may have, failed to operate such a service in accordance with the particulars registered under that section. (2) The traffic commissioner may direct a local traffic authority to provide him, within a specified period, with specified information connected with any aspect of the performance of their duties under section 16 or 17 of the Traffic Management Act 2004 (the network management duty, and arrangements for network management). This subsection is supplemented by provisions in section 27B of this Act. (3) If the traffic commissioner holds an inquiry in connection with deciding whether— (a) to attach a condition under section 26 of this Act, or (b) to make an order under section 155 of the Transport Act 2000, subsections (2) and (3) of section 250 of the Local Government Act 1972 (attendance of witnesses etc) apply to the inquiry as they apply to an inquiry under that section. (4) If the traffic commissioner identifies any remedial measures (see subsection (5)) which, in the traffic commissioner's opinion, could be taken— (a) by the operator, or (b) by a local traffic authority, the traffic commissioner may prepare a report recommending the implementation of those measures. (5) In this section “remedial measures” means measures which, in the opinion of the traffic commissioner, would enable or facilitate the operation of the service in accordance with the particulars registered under section 6 of this Act. (6) A traffic commissioner who prepares a report under subsection (4) above— (a) must send a copy of the report to the operator and, if any of the recommended remedial measures are for implementation by a local traffic authority, to that authority; (b) must, if the implementation of any of the measures in the report would affect the operation of bus services in an integrated transport area, send a copy of the report to the Integrated Transport Authority for that area; (c) may send a copy of the report to any one or more of the persons in subsection (7) below; (d) may publish the report. (7) The persons are— (a) the appropriate national authority, (b) any local traffic authority or Integrated Transport Authority which the traffic commissioner considers appropriate, and any other persons whom the traffic commissioner considers appropriate. (8) See subsection (6) of section 27B of this Act for the meaning of some of the expressions used in this section. (27B) (1) This section supplements section 27A of this Act. (2) In this section “direction” means a direction under subsection (2) of that section. (3) The information that may be specified in a direction must be information which the local traffic authority have in their possession or can reasonably be expected to acquire. (4) The information that may be specified in a direction includes information relating to— (a) the management of a local traffic authority's road network; or (b) the use of their road network by different kinds of traffic or the effects of that use. (5) A direction may be given— (a) to one or more local traffic authorities; or (b) to local traffic authorities of a description specified in the direction. (6) In section 27A of this Act and in this section the following expressions have the same meaning as in Part 2 of the Traffic Management Act 2004 (network management by local traffic authorities)— - appropriate national authority, - local traffic authority, - road network, - traffic, except that “local traffic authority” does not include Transport for London, a London borough council or the Common Council of the City of London.

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• (2) In section 155 of the TA 2000 (penalties) at the end insert—

(8) Other provisions that may need to be considered include the following provisions of the Transport Act 1985— (a) sections 26 and 27 (attachment of conditions to PSV operator's licence), (b) sections 27A and 27B (additional powers of traffic commissioner where services are not operated as registered etc).

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Additional sanctions for failures by bus operators

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• (1) Section 155 of the TA 2000 (penalties) is amended as follows.

• (2) In subsection (1) (power to impose penalty for various failures) for “impose a penalty on the operator” substitute “ make one or more orders under subsection (1A) ”.

• (3) After subsection (1) insert—

(1A) The orders are— (a) an order that the operator pay a penalty of such amount as is determined in accordance with subsection (3); (b) an order that the operator expend such sum of money as is determined in accordance with subsection (3) in the manner mentioned in subsection (1B); (c) an order that the operator provide compensation (see subsection (1C)) to passengers of such description as is specified in the order; (d) an order of such other description as the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales) may by order prescribe for the purposes of this paragraph. (1B) An order under subsection (1A)(b) may require the operator to expend money on or towards— (a) the provision of specified local services or specified facilities to be used in connection with such services; (b) specified improvements in such services or facilities. In this subsection “specified” means specified in the order. (1C) Compensation under subsection (1A)(c)— (a) may take the form of payments of money, or (b) may take such other form (including the provision of free travel or travel at a reduced price) as is specified in the order; and shall be of such amount, or equivalent in value to such amount, as is determined in accordance with subsection (3).

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• (4) Omit subsection (2).

• (5) In subsection (3) for “That amount is” substitute “ The amount mentioned in subsections (1A)(a) and (b) and (1C) is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed ”.

• (6) Omit subsection (4).

• (7) In subsection (5) for “imposing the penalty” substitute “ making an order under subsection (1A) ”.

• (8) In subsection (6) for “the imposition of the penalty” substitute “ the making of the order ”.

• (9) After subsection (6) insert—

(6A) If the operator fails to comply with an order under subsection (1A)(b), (c) or (d), the traffic commissioner may order the operator to pay a penalty of such amount as is determined in accordance with subsection (6B). (6B) That amount is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed 110% of the maximum amount which may be ordered in accordance with subsection (3).

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• (10) For subsection (7) substitute—

(7) An amount ordered to be paid under subsection (1A)(a) or (6A) is— (a) payable to the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales), and (b) recoverable as a civil debt.

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• (11) In consequence of the amendments made by this section, the heading to section 155 becomes “ Sanctions ”.

• (12) Section 160 of the TA 2000 (Part 2: regulations and orders) is amended as follows.

• (13) In subsection (2) before the words “shall be subject to annulment” insert “ , other than an order under section 155(1A)(d), ”.

• (14) After subsection (2) insert—

(3) A statutory instrument containing an order under section 155(1A)(d) shall not be made— (a) as respects England, unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; (b) as respects Wales, unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

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Operational data

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• (1) In section 155(1) of the TA 2000 (penalties) after paragraph (a) insert—

(aa) failed to comply with the requirements of regulations made under section 6(9)(i), (j) or (k) of that Act,

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• (2) Section 6 of the TA 1985 (registration of local services) is amended as follows.

• (3) In subsection (9) (regulations) after paragraph (k) insert—

(ka) for imposing restrictions on the use that may be made of records made available as mentioned in paragraph (j) above or information given as mentioned in paragraph (k) above;

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• (4) After subsection (9) insert—

(10) Regulations made by virtue of paragraph (ka) of subsection (9) above— (a) may create one or more criminal offences relating to the use of records or information in breach of the restrictions imposed by those regulations, but (b) may not provide, in respect of any such offence, for a penalty greater than a fine not exceeding level 4 on the standard scale.

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Powers of Passenger Transport Executives

Revival of certain powers of PTEs

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• (1) Section 10 of the TA 1968 (powers of Passenger Transport Executives) is amended as follows.

• (2) For subsection (1)(viii) (power to let passenger vehicles on hire) substitute—

(viii) to let passenger vehicles on hire (with or without trailers for the carriage of goods)— (a) as part of, or in connection with, an agreement providing for service subsidies, to an operator of public passenger transport services within the meaning of section 9A; (b) to a body holding a permit granted under section 19 of the Transport Act 1985 (permits in relation to the use of vehicles by educational and other bodies);

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• (3) After subsection (2) insert—

(2A) The reference in subsection (1)(viii) above to an agreement providing for service subsidies includes— (a) an agreement for such subsidies under section 9A(4) above; (b) provision included in a quality contract under section 124 of the Transport Act 2000 for the making of payments by the PTE (see subsection (5)(a) of that section).

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• (4) Any order made under section 60(5) of the TA 1985 shall cease to have effect to the extent that it provides that a PTE shall cease to have the power under section 10(1)(viii) of the TA 1968.

• (5) In section 60 of the TA 1985 (exclusion of public sector co-operation requirements and bus operating powers), omit subsections (2) to (4), (7) and (8).

• (6) The following provisions of the TA 1968 shall cease to have effect—

• (a) section 10(1)(i) (power of PTE to carry passengers by road);

• (b) section 24 (establishment and general duties of Bus Company and Scottish Group).

Subsidised services

Subsidy to secure passenger transport services in integrated transport areas

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• (1) Section 9A of the TA 1968 (general functions of Passenger Transport Authorities and Executives) is amended as follows.

• (2) In subsection (4)(a) (power to enter into agreements providing for service subsidies) after “would not be provided” insert “ , or would not be provided to a particular standard, ”.

• (3) After subsection (4) insert—

(4A) The reference in subsection (4)(a) of this section to the standard to which a service is provided includes— (a) the frequency or timing of the service; (b) the days, or times of day, when the service is provided; (c) the vehicles used to provide the service.

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Subsidy to secure passenger transport services in other areas

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• (1) Section 63 of the TA 1985 (functions of local councils with respect to passenger transport in areas other than passenger transport areas) is amended as follows.

• (2) In subsection (5) (power to enter into agreements providing for service subsidies) at the beginning of paragraph (a) insert

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

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• (3) After subsection (5) insert—

(5A) The reference in subsection (5)(a) above to the standard to which a service is provided includes— (a) the frequency or timing of the service; (b) the days, or times of day, when the service is provided; (c) the vehicles used to provide the service.

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Subsidy to secure passenger transport services in Wales

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• (1) Section 7 of the Transport (Wales) Act 2006 (c. 5) (provision of public passenger transport services) is amended as follows.

• (2) In subsection (4) (circumstances in which agreements providing for service subsidies may be entered into) after “would not be provided” insert “ , or would not be provided to a particular standard, ”.

• (3) After subsection (4) insert—

(4A) The reference in subsection (4) to the standard to which a service is provided includes— (a) the frequency or timing of the service; (b) the days, or times of day, when the service is provided; (c) the vehicles used to provide the service.

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Extension of maximum length of subsidised services agreements

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In section 90(1) of the TA 1985 (maximum period to be specified in invitation to tender for agreement providing for service subsidies) for “five years” substitute “ 8 years ”.

Public transport companies etc

Removal of certain disabilities and requirements for consent

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• (1) Part 4 of the TA 1985 (which makes provision for the establishment of public transport companies and for the powers of Passenger Transport Authorities etc in relation to them) is amended as follows.

• (2) In section 74 (disabilities of directors of public transport companies), omit subsections (3) to (12).

• (3) Each of the following (which require the consent of the Secretary of State for the exercise of certain powers) is omitted—

• (a) section 75(3) (subscription for, or acquisition or disposal of, certain shares, securities or other property or assets etc);

• (b) section 79(3) (making or guaranteeing of certain loans);

• (c) section 79(7) (guarantees etc in connection with disposals of certain shares, securities or other property or assets etc);

• (d) in section 79(8) (provision of financial assistance by way of grants, loans, etc) the words “, with the consent of the Secretary of State,”.

Transport users' advisory committees etc

The Disabled Persons Transport Advisory Committee: remuneration

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• (1) Schedule 5 to the TA 1985 (the Disabled Persons Transport Advisory Committee) is amended as follows.

• (2) In paragraph 2—

• (a) at the beginning insert “ (1) ”;

• (b) after “to pay to their members” insert “ such remuneration, and ”.

• (3) At the end of paragraph 2 insert—

(2) In relation to Scotland, the only remuneration that may be paid under this paragraph is remuneration for the performance of functions which relate to reserved matters (within the meaning of the Scotland Act 1998).

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The Public Transport Users' Committee for England

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• (1) After section 125 of the TA 1985 (the Disabled Persons Transport Advisory Committee) insert—

(125A) (1) The Secretary of State may by order establish a body corporate, to be known as the Public Transport Users' Committee for England. A body established under this subsection is referred to in this section and sections 125B and 125C as the Committee. (2) The Secretary of State may by order provide for a body established under subsection (1) to be known by a different name. (3) An order under subsection (1) may include provision— (a) about the status and membership of the Committee (including how members are to be appointed); (b) about the proceedings of the Committee; (c) about the declaration by members of any financial or other interests, and the recording of such interests; (d) about officers and staff of the Committee; (e) about the discharge of functions of the Committee (including provision for the discharge of functions by sub-committees with members who are not all members of the Committee); (f) about the making of reports by the Committee to— (i) the Secretary of State, or (ii) such other person as the Secretary of State may determine; (g) about the making of payments to or in respect of officers, staff and members of the Committee; (h) about the payment of pensions and the making of other payments to or in respect of former officers and staff of the Committee; (i) about the keeping of accounts by the Committee and their audit and submission to the Secretary of State; (j) about the acquisition and disposal by the Committee of property, rights and liabilities (including land); (k) authorising the Committee to charge for any services it provides in the discharge of any of its functions; (l) requiring the Committee to have regard to the policies and activities of such other persons or bodies as the Secretary of State may determine; (m) for the transfer of staff, property, rights and liabilities to the Committee. (4) The Secretary of State may make payments to the Committee of such amounts, at such times, and on such conditions (if any) as the Secretary of State considers appropriate. (5) The Secretary of State may by order make provision for the transfer of staff, property, rights and liabilities from the Committee to any other person. (6) An order made by virtue of subsection (2) may make such provision, including provision amending, repealing or revoking any provision of this Act or any other enactment (whenever passed or made), as appears to the Secretary of State to be necessary in consequence of the order. In this subsection “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978). (7) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. (125B) (1) The Committee may consider and make recommendations or representations to the Secretary of State about any matter relating to— (a) prescribed public passenger transport services, or public passenger transport services that are of a prescribed description, to the extent that they operate in England; or (b) prescribed public passenger transport facilities in England, or public passenger transport facilities in England that are of a prescribed description. (2) The Committee must consider and make recommendations to the Secretary of State about any such matter if asked to do so by the Secretary of State. (3) The Secretary of State may by order— (a) confer further functions on the Committee; (b) remove functions from the Committee; (c) make changes to any functions of the Committee; (d) transfer any functions of the Committee to another person (including to the Secretary of State). (4) An order under subsection (3) may confer a function on the Committee, or make changes to a function of the Committee, only if the new function, or the function as changed, relates to— (a) public passenger transport services, so far as operating in England; or (b) public passenger transport facilities in England. (5) The functions that may be conferred on the Committee under subsection (3)(a) include a power— (a) to enter into arrangements with another body for discharging functions on behalf of that body in relation to England; (b) to give effect to any such arrangements; (c) to enter into arrangements with another body for that body to discharge any functions of the Committee on behalf of the Committee. (6) The discharge of a function by the Committee on behalf of another body does not affect the responsibility of the body for the discharge of the function. (7) The discharge of a function by another body on behalf of the Committee does not affect the responsibility of the Committee for the discharge of the function. (8) The provision that may be made in an order under subsection (3) includes provision amending or repealing any provision of this Act or any other enactment conferring functions on the Committee. (9) The Committee may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions. (10) In this section— - “prescribed” means prescribed by order made by the Secretary of State; - “public passenger transport facilities” means facilities for public passenger transport services. (11) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. (125C) (1) This section applies where an order under section 125B(3) confers on the Committee power to make recommendations or representations to a body or person. (2) The Secretary of State may by order confer on the body or person functions in respect of such recommendations or representations. (3) An order under this section may confer a function on a body or person only if the new function relates to— (a) public passenger transport services, so far as operating in England; or (b) public passenger transport facilities in England. (4) The provision that may be made in an order under this section includes provision amending, repealing or revoking any provision of this Act or any other enactment (whenever passed or made) conferring functions on the body or person. (5) In this section “public passenger transport facilities” has the same meaning as in section 125B. (6) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

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• (2) In section 135 of the TA 1985 (procedure for making regulations, rules and orders), in subsection (4), after “85” insert “ , 125A, 125B, 125C ”.

Power to confer non-rail functions on the Rail Passengers' Council

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In Part 3 of the Railways Act 2005 (c. 14), after section 19 insert—

(19A) (1) The Secretary of State may by order make provision conferring functions on the Rail Passengers' Council relating to— (a) prescribed local services, or local services of a prescribed description, so far as operating in England; (b) prescribed domestic coach services, or domestic coach services of a prescribed description, so far as operating in England; (c) prescribed tramway passenger services, or tramway passenger services of a prescribed description, so far as operating in England; (d) prescribed passenger transport facilities in England, or passenger transport facilities in England that are of a prescribed description. (2) The power conferred by subsection (1) includes power to amend any enactment (including this Act) for the purposes of making such provision. (3) An order under this section may make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, such an order, or for giving full effect to such an order. (4) The provision which may be included by virtue of subsection (3) in an order includes— (a) provision for the body established by section 19 to be known by a different name; (b) provision altering the number of persons that may be appointed as members of that body by the Secretary of State under section 19(1)(e); (c) provision amending, repealing or revoking any provision of this Act or any other enactment, whenever passed or made. (5) In a case where an order under this section confers on the Rail Passengers' Council power to make recommendations or representations to a body or person, the provision which may be included by virtue of subsection (3) in the order also includes provision conferring on the body or person functions in respect of such recommendations or representations. (6) An order under this section may confer a function on a body or person by virtue of subsection (5) only if the new function relates to— (a) services of a kind mentioned in paragraphs (a) to (c) of subsection (1), so far as operating in England, or (b) passenger transport facilities in England. (7) Nothing in this section provides power to alter the functions of the Rail Passengers' Council so far as relating to the provision of railway passenger services or station services. (8) An order under this section is subject to the affirmative resolution procedure. (9) In this section— - “domestic coach service” means a bus service which— 1. carries passengers at separate fares, and 2. is not a local service; - “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978); - “local service” has the meaning given by section 2 of the Transport Act 1985; - “passenger transport facilities” means facilities for services of a kind mentioned in paragraphs (a) to (c) of subsection (1); - “prescribed” means prescribed by order made by the Secretary of State; - “tramway passenger service” means any service for the carriage of passengers by tramway.

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Display of transport-related information

Power to require display of certain information

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• (1) The appropriate national authority may make regulations requiring prescribed persons, or persons of a prescribed description, to display, in such place or places and in such manner as may be prescribed, information falling within subsection (2).

• (2) The information referred to in subsection (1) is prescribed information, or information of a prescribed description, relating to persons or bodies with functions relating to public passenger transport services.

• (3) Regulations under this section may provide that a traffic commissioner may impose a financial penalty on any operator of a public service vehicle who, without reasonable excuse, fails to comply with a requirement imposed on the operator by regulations under this section.

• (4) Regulations made by virtue of subsection (3) may—

• (a) specify the maximum penalty that may be imposed by virtue of that subsection;

• (b) require a traffic commissioner who has imposed a penalty by virtue of that subsection to give notice in writing to such persons as may be prescribed.

• (5) A penalty imposed by virtue of subsection (3) is—

• (a) payable to the appropriate national authority that made the regulations, and

• (b) recoverable as a civil debt.

• (6) An operator on whom a penalty is imposed by virtue of subsection (3) may appeal to the Upper Tribunal against the imposition of the penalty.

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• (7) The power to make regulations under this section is exercisable by statutory instrument.

• (8) A statutory instrument containing regulations made under this section by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

• (9) A statutory instrument containing regulations made under this section by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (10) In this section—

• “the appropriate national authority” means—in relation to public passenger transport services operating wholly or partly in England, the Secretary of State;in relation to public passenger transport services operating wholly or partly in Wales, the Welsh Ministers;

• “prescribed” means prescribed in regulations;

• “public passenger transport services” has the meaning given by section 63(10)(a) of the TA 1985;

• “public service vehicle” and “traffic commissioner” have the same meaning as in the PPVA 1981.

Appeals to the Transport Tribunal

Appeals to the Transport Tribunal

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Part 5 — Integrated Transport Authorities etc

Chapter 1 — Introductory

Change of name of passenger transport areas and PTAs

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• (1) The passenger transport areas established under section 9(1)(a)(i) of the TA 1968 are to be known as integrated transport areas.

• (2) The metropolitan county passenger transport authorities established under section 28(1) of the Local Government Act 1985 (c. 51) are to be known as Integrated Transport Authorities.

• (3) In consequence of subsection (1), any reference in any enactment (whenever passed or made) to a passenger transport area in England and Wales is to be read as a reference to an integrated transport area.

• (4) In consequence of subsection (2), any reference in any enactment (whenever passed or made) to—

• (a) a metropolitan county passenger transport authority, or

• (b) a Passenger Transport Authority for an area in England and Wales,

is to be read as a reference to an Integrated Transport Authority.

• (5) Schedule 4 makes amendments consequential on subsections (1) and (2).

Those amendments do not affect the generality of subsections (3) and (4).

• (6) In this Part—

• (a) “ITA” means an Integrated Transport Authority for an integrated transport area in England,

• (b) any reference to an ITA is a reference to an ITA for the purposes of Part 2 of the TA 1968,

• (c) any reference to an integrated transport area is a reference to an integrated transport area in England for the purposes of that Part of that Act.

• (7) Except where the context otherwise requires, any reference in this Part to an ITA includes a reference to—

• (a) an ITA established under section 28 of the Local Government Act 1985, and

• (b) an ITA established under this Part.

• (8) Except where the context otherwise requires, any reference in any enactment (whenever passed or made) to an Integrated Transport Authority for a passenger transport area in England includes a reference to an ITA established under this Part.

• (9) Accordingly, any reference in an enactment (whenever passed or made) which—

• (a) is to a joint authority established under Part 4 of the Local Government Act 1985, and

• (b) includes a reference to an Integrated Transport Authority established under section 28 of that Act,

includes a reference to an ITA established under this Part.

• (10) Until subsections (1) and (2) of this section come into force, in any enactment (whenever passed or made)—

• (a) any reference to an integrated transport area is to be read as a reference to a passenger transport area;

• (b) any reference to an Integrated Transport Authority (or an ITA) is to be read as a reference to a Passenger Transport Authority (or a PTA).

• (11) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

Chapter 2 — Arrangements relating to Integrated Transport Authorities

Establishment of new ITA by order

Power to establish a new ITA

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• (1) The Secretary of State may by order—

• (a) designate any area in England outside Greater London as an integrated transport area, and

• (b) establish an ITA for the integrated transport area.

• (2) An order may be made only if the Secretary of State, having had regard to a scheme prepared and published under section 80 or 81, considers that the establishment of the ITA is likely to improve—

• (a) the exercise of statutory functions relating to transport in the area to be designated, and

• (b) the effectiveness and efficiency of transport within that area.

• (3) The requirement in subsection (2) to have regard to a scheme does not apply in relation to any area if a direction has been given under section 81 in relation to the area and any period specified in the direction for the preparation and publication of a scheme has expired.

• (4) An integrated transport area may be designated by an order only if it consists of the whole of two or more counties or districts.

• (5) A local government area may be included in an integrated transport area designated by an order only if—

• (a) it was included in the scheme prepared and published under section 80 or 81 (as the case may be), or

• (b) in the circumstances described in subsection (3), it is the area of an authority to whom the direction under section 81 was given.

• (6) No part of an integrated transport area established under this section may be separated from the rest of it by a territory which is part of another local government area but which is not included in the integrated transport area.

• (7) Before making an order the Secretary of State must consult—

• (a) such representatives of the appropriate authorities, and

• (b) such other persons (if any),

as the Secretary of State considers appropriate.

• (8) In subsection (7) the appropriate authorities are—

• (a) if the area to be designated as an integrated transport area includes a county, the county council;

• (b) if that area includes a district, the district council and the council of the county (if any) in which the district lies.

• (9) In making an order the Secretary of State must have regard to the need—

• (a) to reflect the identities and interests of local communities, and

• (b) to secure effective and convenient local government.

Provision that may be made in an order under section 78

79

• (1) An order under section 78 may make, in relation to the ITA,—

• (a) provision about its constitutional arrangements (within the meaning given by section 84(2)),

• (b) any provision which may be made by an order under section 86, 87 , 88 or 89A.

• (2) An order made by virtue of subsection (1)(a) which includes provision about the number and appointment of members of the ITA must provide—

• (a) for a majority of the members of the ITA to be appointed by the ITA's constituent councils (see subsection (3)),

• (b) for those members to be appointed from among the elected members of the constituent councils, and

• (c) for each of the representative councils (see subsection (4)) to appoint at least one of its elected members as a member of the ITA.

• (3) For the purposes of this section, the constituent councils of an ITA are—

• (a) any county council, and

• (b) any district council,

for an area within the integrated transport area of the ITA.

• (4) For the purposes of subsection (2)(c), the following councils are representative councils in respect of an area to be designated as the integrated transport area of an ITA—

• (a) if that area includes the whole of a county, the county council;

• (b) if that area includes a metropolitan district or a non-metropolitan district comprised in an area for which there is no county council, the district council;

• (c) if that area includes one or more districts in a county but does not include the whole county, either the county council or the council for each of those districts (as determined by or in accordance with the order in question).

• (5) If an order made by virtue of subsection (1)(a) provides for members of an ITA to be appointed otherwise than from among the elected members of its constituent councils (see subsection (2)(a) of section 84), it must provide for those members to be non-voting members (see subsection (2)(b) of that section).

• (6) The voting members of an ITA may resolve that provision made in accordance with subsection (5) is not to apply in the case of the ITA.

Authorities' review: new ITA

80

• (1) Any two or more of the following authorities—

• (a) a council for a county in England comprised in an area for which there is no ITA,

• (b) a council for a district in England comprised in an area for which there is no ITA,

may undertake a review of the effectiveness and efficiency of transport within an area satisfying the requirements of subsections (2) and (3) (a “review area”).

• (2) A review area must include—

• (a) if the review is being undertaken by a county council, the whole of one or more of the districts in the county (or, if there are no districts in the county, the whole of the county);

• (b) if the review is being undertaken by a district council, the whole of the district.

• (3) A review area may also include—

• (a) the whole of any county the council for which is not taking part in the review;

• (b) the whole of any district the council for which is not taking part in the review.

• (4) Where two or more authorities, having undertaken a review under subsection (1), conclude that the designation of an area as an integrated transport area, and the establishment of an ITA for that area, would improve—

• (a) the exercise of statutory functions relating to transport in the area, and

• (b) the effectiveness and efficiency of transport within the area,

they must prepare and publish a scheme for the establishment of an ITA for the area (in this section referred to as a “proposed integrated transport area”).

• (5) A proposed integrated transport area—

• (a) must consist of the whole or any part of the review area, and

• (b) may, if the appropriate authority consents, include one or more other counties or districts,

but it must be an area which is capable of being designated by an order under section 78.

• (6) In subsection (5) the appropriate authority is—

• (a) in the case of a county or non-metropolitan district comprised in an area for which there is a county council, the county council;

• (b) in the case of a non-metropolitan district comprised in an area for which there is no county council, the district council;

• (c) in the case of a metropolitan district, the district council.

Secretary of State’s power to direct a review: new ITA

81

• (1) The Secretary of State may direct two or more of the authorities falling within subsection (2) (including two or more authorities of the same description) to undertake a review of the effectiveness and efficiency of transport within the whole or any part of the authorities' combined area.

• (2) An authority falls within this subsection if it is—

• (a) a council for a county in England comprised in an area for which there is no ITA,

• (b) a council for a district in England comprised in an area for which there is no ITA.

• (3) The Secretary of State may give a direction only if the Secretary of State considers that the review and any scheme are likely to improve—

• (a) the exercise of statutory functions relating to transport in an integrated transport area or proposed integrated transport area, and

• (b) the effectiveness and efficiency of transport within such an area.

• (4) A direction may require the preparation and publication of a scheme for the establishment of an ITA for any area (being an area which is capable of being designated by an order under section 78) which consists of the whole or any part of the authorities' combined area.

• (5) The review must be undertaken jointly by all the authorities subject to the direction.

• (6) The provision which may be made by a direction includes provision for—

• (a) the timetable for the review and for the preparation and publication of a scheme,

• (b) the procedures to be followed in carrying out the review,

• (c) particular issues which the review and any scheme must address,

• (d) the implementation of any scheme.

• (7) The authorities to which a direction is given must, in carrying out the review and preparing any scheme, do so in the manner that they consider most likely to improve—

• (a) the exercise of statutory functions relating to transport in their combined area, and

• (b) the effectiveness and efficiency of transport within that area.

Other powers to make orders about arrangements relating to an ITA

Authorities' review of arrangements

82

• (1) Any one or more of the authorities falling within subsection (2) may undertake a review of one or more of the matters mentioned in subsection (3).

• (2) An authority falls within this subsection if it is—

• (a) an ITA,

• (b) a district council for an area comprised in an integrated transport area,

• (c) a county council for an area comprised in an integrated transport area,

• (d) a county council or district council for an area which could be comprised in a proposed integrated transport area.

• (3) The matters are—

• (a) those in relation to which an order may be made under any of sections 84 to 91,

• (b) in relation to an ITA or any executive body of the ITA existing at the time of the review, any matter concerning the ITA or the executive body which the ITA has power to determine.

• (4) A review under this section must relate to one or more integrated transport areas or proposed integrated transport areas.

• (5) Where one or more authorities, having undertaken a review under subsection (1), conclude that the exercise of the power to make an order under any one or more of sections 84 to 91 would improve—

• (a) the exercise of statutory functions relating to transport in an integrated transport area or proposed integrated transport area, or

• (b) the effectiveness and efficiency of transport within such an area,

they must prepare and publish a scheme relating to the power to make that order or those orders.

• (6) In this section a “proposed integrated transport area” means one which may be designated by an order under section 90 (ITA boundary changes).

Secretary of State’s power to direct a review of arrangements

83

• (1) The Secretary of State may direct one or more of the authorities falling within subsection (2) (including two or more authorities of the same description) to undertake a review of one or more of the matters mentioned in subsection (3).

• (2) An authority falls within this subsection if it is—

• (a) an ITA,

• (b) a district council for an area comprised in an integrated transport area,

• (c) a county council for an area comprised in an integrated transport area,

• (d) a county council or district council for an area which could be comprised in any proposed integrated transport area to which the direction relates.

• (3) The matters are—

• (a) those in relation to which an order may be made under any of sections 84 to 91,

• (b) in relation to an ITA or any executive body of the ITA existing at the time of the direction, any matter concerning the ITA or the executive body which the ITA has power to determine.

• (4) The Secretary of State may give a direction only if the Secretary of State considers that the review and any scheme are likely to improve—

• (a) the exercise of statutory functions relating to transport in an integrated transport area or proposed integrated transport area, or

• (b) the effectiveness and efficiency of transport within such an area.

• (5) A direction under this section must relate to one or more integrated transport areas or proposed integrated transport areas.

• (6) A direction may require the preparation and publication of a scheme relating to the power to make an order under any of sections 84 to 91.

• (7) If a direction is given to two or more authorities the review must be undertaken jointly by all the authorities subject to the direction.

• (8) The provision which may be made by a direction includes provision for—

• (a) the timetable for the review and for the preparation and publication of a scheme,

• (b) the procedures to be followed in carrying out the review,

• (c) particular issues which the review and any scheme must address,

• (d) the implementation of any scheme.

• (9) An authority to which a direction is given must, in carrying out the review and preparing any scheme, do so in the manner that they consider most likely to improve—

• (a) the exercise of statutory functions relating to transport in an integrated transport area or proposed integrated transport area, and

• (b) the effectiveness and efficiency of transport within such an area.

• (10) An authority which is carrying out a review and preparing any scheme in accordance with a direction may include in the review and any scheme—

• (a) any matter (whether or not it is the subject of the direction) in relation to which an order may be made under any of sections 84 to 91, and

• (b) where the review is carried out by an ITA, whether alone or jointly, any matter concerning the ITA which the ITA has power to determine.

• (11) In relation to the dissolution of an integrated transport area (see section 91) the references in subsections (4) and (9) to an integrated transport area have effect as references to the territory comprised in a dissolved integrated transport area.

• (12) In this section “proposed integrated transport area” means one which may be designated by an order under section 90 (ITA boundary changes).

Constitutional arrangements

84

• (1) The Secretary of State may by order make provision about the constitutional arrangements of an ITA.

• (2) “Constitutional arrangements”, in relation to an ITA, means—

• (a) the membership of the ITA (including the number and appointment of members of the ITA and the remuneration of, and pensions or allowances payable to or in respect of, any member of the ITA),

• (b) the voting powers of members of the ITA (including provision for different weight to be given to the vote of different descriptions of member),

• (c) the executive arrangements of the ITA,

• (d) the functions of any executive body of the ITA.

• (3) In subsection (2)(c) “executive arrangements” means—

• (a) the appointment of an executive,

• (b) the functions of the ITA which are the responsibility of an executive,

• (c) the functions of the ITA which are the responsibility of an executive and which may be discharged by a committee of the ITA or by a body other than the ITA,

• (d) arrangements relating to the review and scrutiny of the discharge of functions,

• (e) access to information on the proceedings of an executive of the ITA,

• (f) the disapplication of section 15 of the Local Government and Housing Act 1989 (c. 42) (duty to allocate seats to political groups) in relation to an executive of the ITA or a committee of such an executive,

• (g) the keeping of a record of any arrangements relating to the ITA and falling within paragraphs (a) to (f).

• (4) The provision which may be made by an order by virtue of subsection (2)(d) includes—

• (a) provision setting up or dissolving an executive body of an ITA, or merging two or more executive bodies of an ITA,

• (b) provision conferring functions on, or removing functions from, an executive body of an ITA,

• (c) provision transferring functions of an ITA to an executive body of the ITA, and transferring functions of an executive body of an ITA to the ITA.

• (5) An order may not provide for the budget of an ITA to be agreed otherwise than by the ITA.

Provision that may be made in an order under section 84: membership of ITA

85

• (1) An order made by virtue of section 84(2)(a) which includes provision about the number and appointment of members of the ITA must provide—

• (a) for a majority of the members of the ITA to be appointed by the ITA's constituent councils (see subsection (2)),

• (b) for those members to be appointed from among the elected members of the constituent councils, and

• (c) for each of the representative councils (see subsection (3)) to appoint at least one of its elected members as a member of the ITA.

• (2) For the purposes of this section, the constituent councils of an ITA are—

• (a) any county council, and

• (b) any district council,

for an area within the integrated transport area of the ITA.

• (3) For the purposes of subsection (1)(c), the following councils are representative councils in respect of an area which is, or is to be designated as, the integrated transport area of an ITA—

• (a) if that area includes the whole of a county, the county council;

• (b) if that area includes a metropolitan district or a non-metropolitan district comprised in an area for which there is no county council, the district council;

• (c) if that area includes one or more districts in a county but does not include the whole county, either the county council or the council for each of those districts (as determined by or in accordance with the order).

• (4) If an order under section 84 provides (by virtue of subsection (2)(a) of that section) for members of an ITA to be appointed otherwise than from among the elected members of its constituent councils, the order must provide (by virtue of subsection (2)(b) of that section) for those members to be non-voting members.

• (5) The voting members of an ITA may resolve that provision made in accordance with subsection (4) is not to apply in the case of the ITA.

Delegation of functions of the Secretary of State

86

• (1) The Secretary of State may, to any extent, by order delegate to an ITA or an eligible local transport authority any function of the Secretary of State—

• (a) which does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges, and

• (b) which the Secretary of State considers can appropriately be exercised by the ITA or eligible local transport authority.

• (2) A delegation by virtue of this section may be made subject to conditions.

• (3) “Eligible local transport authority” means an authority which has been designated as a local transport authority by an order under section 90 or 91of this Act or section 106 or 107 of the Local Democracy, Economic Development and Construction Act 2009.

Delegation of local authority functions

87

• (1) The Secretary of State may, to any extent, by order provide for the delegation to an ITA, or to an eligible local transport authority, of any function of a local authority—

• (a) which is exercisable by the local authority in relation to an area which is comprised in the ITA's integrated transport area or the eligible local transport authority's area, and

• (b) which the Secretary of State considers can appropriately be exercised by the ITA or eligible local transport authority.

• (2) A delegation by virtue of this section may be made subject to conditions.

• (3) An order under this section which provides for the delegation of any function of a charging authority within the meaning of Part 3 of the TA 2000 may be made—

• (a) where the area in relation to which the order has effect comprises all or part of the area of one charging authority, only with the consent of that authority;

• (b) where that area comprises all or part of the area of two or more charging authorities, only with the consent of a majority of those authorities.

• (4) “Local authority” means—

• (a) a county council,

• (b) a district council.

• (5) “Eligible local transport authority” means an authority which has been designated as a local transport authority by an order under section 90 or 91of this Act or section 106 or 107 of the Local Democracy, Economic Development and Construction Act 2009.

Conferral of a power to direct

88

• (1) The Secretary of State may by order confer on—

• (a) an ITA, or

• (b) an authority which has been designated as a local transport authority by an order under section 90 or 91of this Act or section 106 or 107 of the Local Democracy, Economic Development and Construction Act 2009,

a power to give a direction about the exercise of an eligible power.

• (2) An “eligible power” means a power of a council for a county, metropolitan district or non-metropolitan district comprised in an area for which there is no county council, which the council has—

• (a) as highway authority by virtue of section 1 of the Highways Act 1980 (c. 66), or

• (b) as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984 (c. 27).

• (3) In this section references to a power do not include references to a duty.

• (4) A power of direction under this section must relate only to the exercise of an eligible power in—

• (a) the area of the directing authority, and

• (b) the area of the authority subject to the direction.

• (5) Where an authority has been designated as a local transport authority by an order under section 91 (dissolution of an integrated transport area), the reference in subsection (4) to the area of the authority is a reference to the territory previously comprised in the integrated transport area.

• (6) A power of direction under this section must relate only to the exercise of an eligible power in respect of—

• (a) a particular road (whether or not specified in the order), or

• (b) a description of road (whether or not specified in the order).

• (7) In subsection (6) “road”—

• (a) has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984, and

• (b) does not include any road which is the subject of a concession agreement under Part 1 of the New Roads and Street Works Act 1991 (c. 22).

• (8) A power of direction under this section must relate only to any one or more of—

• (a) the provision of information about the exercise of an eligible power which the authority subject to the direction has or might reasonably be expected to acquire,

• (b) the imposition on such an authority of requirements relating to procedures to be followed prior to the exercise of an eligible power,

• (c) the imposition on such an authority of requirements relating to the obtaining of consent prior to the exercise of an eligible power,

• (d) the imposition on such an authority of conditions subject to which an eligible power may be exercised (including conditions relating to the times at which, and the manner in which, an eligible power may be exercised),

• (e) a requirement to exercise an eligible power (including a requirement to exercise an eligible power subject to conditions),

• (f) a prohibition on the exercise of an eligible power.

• (9) A power of direction under this section may be conferred subject to conditions.

• (10) Any direction given by virtue of this section—

• (a) must be given in writing and may be varied or revoked by a further direction in writing, and

• (b) may make different provision for different cases and different provision for different areas.

• (11) If an order makes provision for a direction by virtue of subsection (8)(e), the order must make provision for the direction not to have effect unless the directing authority meets the cost of complying with the direction.

• (12) An order under this section must not provide that an authority is subject to concurrent directions given by more than one directing authority about the exercise of the same eligible power.

Contravention of an order under section 88

89

• (1) An order under section 88 may provide that, if an authority exercises any power in contravention of a direction under such an order, the directing authority may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power.

• (2) For the purposes of subsection (1), the directing authority has power to exercise any power of the authority subject to the direction on behalf of that authority.

• (3) Any reasonable expenses incurred by the directing authority in taking any steps under subsection (1) are recoverable from the authority subject to the direction as a civil debt.

Changing the boundaries of an integrated transport area

90

• (1) The Secretary of State may by order designate an integrated transport area in England by—

• (a) including a county or district in an integrated transport area, or

• (b) removing a county or district from an integrated transport area.

• (2) No part of an integrated transport area established under this section may be separated from the rest of it by a territory which is part of another local government area but which is not included in the integrated transport area.

• (3) Where by virtue of an order a territory ceases to be comprised in an integrated transport area, the order—

• (a) must make provision for designating an authority to be a local transport authority for the territory for the purposes of section 108(4) of the TA 2000, and

• (b) may transfer functions to that authority from the ITA which was formerly the local transport authority.

• (4) Provision made by virtue of subsection (3) may designate different authorities for different parts of the territory.

• (5) The reference in subsection (3)(a) to an authority does not include—

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

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

• (6) Subsection (3) does not apply if the territory becomes part of—

• (a) the area of a combined authority by virtue of an order under section 103 or 106 of the Local Democracy, Economic Development and Construction Act 2009 , or

• (b) the area of a combined county authority by virtue of regulations under section 9(1) or 25(1) of the Levelling-up and Regeneration Act 2023.

Dissolution of an integrated transport area

91

• (1) The Secretary of State may by order dissolve an integrated transport area and abolish the ITA for the integrated transport area.

• (2) The order—

• (a) must make provision for designating an authority to be a local transport authority for the territory previously comprised in the integrated transport area for the purposes of section 108(4) of the TA 2000, and

• (b) may transfer functions to that authority from the ITA which was formerly the local transport authority.

• (3) Provision made by virtue of subsection (2) may designate different authorities for different parts of the territory.

• (4) The reference in subsection (2)(a) to an authority does not include—

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

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

• (5) Subsection (2) does not apply to a territory or part of a territory that becomes—

• (a) the area or part of the area of a combined authority by virtue of an order under section 103 or 106 of the Local Democracy, Economic Development and Construction Act 2009 , or

• (b) the area or part of the area of a combined county authority by virtue of regulations under section 9(1) or 25(1) of the Levelling-up and Regeneration Act 2023.

Further provision about orders

Orders under sections 84 to 91

92

• (1) This section applies to an order made under any of sections 84 to 91.

• (2) An order may be made only if the Secretary of State, having had regard to a scheme prepared and published under section 82 or 83, considers that the making of the order is likely to improve—

• (a) the exercise of statutory functions relating to transport in the area or areas to which the order relates, or

• (b) the effectiveness and efficiency of transport within that area or those areas.

• (3) The requirement in subsection (2) to have regard to a scheme does not apply in relation to any matter if a direction has been given under section 83 in relation to the matter and any period specified in the direction for the preparation and publication of a scheme has expired.

• (4) Before making an order the Secretary of State must consult—

• (a) such representatives of authorities mentioned in sections 82(2) and 83(2), and

• (b) such other persons (if any),

as the Secretary of State considers appropriate.

• (5) In making an order the Secretary of State must have regard to the need—

• (a) to reflect the identities and interests of local communities, and

• (b) to secure effective and convenient local government.

• (6) An order which makes provision for dissolution of an integrated transport area may be made only with the consent of a majority of the councils falling within subsection (7).

• (7) The councils are—

• (a) the councils for any metropolitan districts whose areas are comprised in the integrated transport area,

• (b) the councils for any counties whose areas are comprised in the integrated transport area,

• (c) any unitary councils for any non-metropolitan districts whose areas are comprised in the integrated transport area.

• (8) An order which changes the boundaries of an integrated transport area may be made only if each council mentioned in subsection (9) has consented to the boundary change.

• (9) The councils are—

• (a) any council for a county or a metropolitan district, and any unitary council, whose area—

• (i) is comprised in the existing integrated transport area, and

• (ii) would not be comprised in the proposed integrated transport area,

• (b) any council for a county or a metropolitan district, and any unitary council, whose area—

• (i) is not comprised in the existing integrated transport area, and

• (ii) would be comprised in the proposed integrated transport area.

• (10) In this section a “unitary council” is a council for a non-metropolitan district comprised in an area for which there is no county council.

• (11) This section has effect in relation to the variation or revocation of an order as it has effect in relation to the making of an order.

Incidental etc provision

93

• (1) The Secretary of State may by order make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, an order under this Chapter, or for giving full effect to such an order.

• (2) The provision which may be included by virtue of this section in an order includes provision for the transfer of property, rights and liabilities by—

• (a) the order,

• (b) a scheme made by the Secretary of State under the order,

• (c) a scheme required to be made under the order by a person other than the Secretary of State.

• (3) The provision which may be included by virtue of subsection (2) in an order includes provision—

• (a) for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred by or under an order,

• (b) for the management or custody of transferred property,

• (c) for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement.

• (4) The provision which may be included by virtue of this section in an order includes provision amending, modifying, repealing or revoking any enactment, whenever passed or made.

• (5) The provision which may be included by virtue of subsection (4) does not include provision amending or disapplying sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (c. 42) (political balance on local authority committees etc).

• (6) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

Procedure for orders under this Chapter

94

• (1) Any power to make an order under this Chapter is exercisable by statutory instrument.

• (2) A statutory instrument containing an order under this Chapter may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (3) If, apart from this subsection, an instrument containing an order under this Chapter would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not a hybrid instrument.

Directions and guidance

Further provision about directions

95

• (1) Any direction under section 81 or 83 must be given in writing and may be varied or revoked by a further direction in writing.

• (2) Any such direction may make different provision for different cases and different provision for different areas.

Guidance

96

• (1) The Secretary of State may give guidance about anything which could be done by a local authority under this Chapter.

• (2) Any guidance under this section must be given in writing and may be varied or revoked by further guidance in writing.

• (3) Any such guidance may make different provision for different cases and different provision for different areas.

• (4) In exercising any function under this Chapter a local authority must have regard to any guidance under this section.

• (5) In this section a “local authority” is—

• (a) a county council;

• (b) a district council;

• (c) an ITA.

Power to change name

Change of name of ITA

97

• (1) An ITA may, by a resolution in relation to which the requirements mentioned in subsection (2) are met, change the name by which it is known.

• (2) The requirements are—

• (a) that the resolution is considered at a meeting of the ITA which is specially convened for the purpose,

• (b) that particulars of the resolution were included in the notice of the meeting, and

• (c) that the resolution is passed at the meeting by not less than two-thirds of the members of the ITA who vote on it.

• (3) An ITA which changes its name under this section must—

• (a) send notice of the change to the Secretary of State, and

• (b) publish the notice in such manner as the Secretary of State may direct.

• (4) A change of name under this section does not affect the rights or obligations of the ITA concerned or any other person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

Amendment of power to reorganise functions

Amendment of power to reorganise functions

98

• (1) Section 42 of the Local Government Act 1985 (c. 51) (reorganisation of functions by Secretary of State) is amended in accordance with subsections (2) and (3).

• (2) In subsection (1)—

• (a) omit “any of the following purposes”,

• (b) omit paragraph (c),

• (c) in paragraph (d), omit “whether or not an order is made for any of the foregoing purposes”.

• (3) In subsection (3) omit “any passenger transport authority,”.

• (4) In section 9(1) of the TA 1968 (Passenger Transport Areas, etc) omit “Subject to any order under section 42(1)(c) of the Local Government Act 1985 (alteration or abolition of passenger transport areas, etc)”.

Chapter 3 — Power to promote well-being

Power to promote well-being

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• (1) An ITA has power to take any action if the ITA determines that doing so is likely to achieve any one or more of the following objects—

• (a) the promotion or improvement of the economic well-being of its area,

• (b) the promotion or improvement of the social well-being of its area,

• (c) the promotion or improvement of the environmental well-being of its area.

• (2) The power under subsection (1) may be exercised in relation to or for the benefit of—

• (a) the whole or any part of the integrated transport area, or