Local Transport Act 2008

Type Public General Act
Publication 2008-11-26
Last updated 2023-12-26
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
  • (2) The power to give a direction by virtue of subsection (1) about the exercise of a function extends only so far as the exercise of the function is relevant to the implementation of the STB's transport strategy.
  • (3) Regulations under this section conferring a power to direct may include provision—
  • (a) for the power to be given generally or subject to conditions or limitations;
  • (b) for the power to apply to all transport functions or only to those functions specified or described in the regulations;
  • (c) about the manner in which directions are to be given;
  • (d) about the consequences arising if there is a contravention of a direction.
  • (4) Provision under subsection (3)(d) may include provision enabling the STB—
  • (a) to take any steps it considers appropriate to reverse or modify the effect of a constituent authority exercising a transport function in contravention of the direction, and
  • (b) to recover any reasonable expenses incurred in taking those steps as a civil debt from the constituent authority.

Boundary and name changes

102Q
  • (1) The Secretary of State may by regulations change the boundaries of the area of an STB by—
  • (a) adding the area of a relevant authority to an existing area of an STB, or
  • (b) removing the area of a constituent authority from an existing area of an STB.
  • (2) Regulations under this section may be made—
  • (a) only if the constituent authorities have together made a proposal to the Secretary of State for the boundaries to be changed in the manner that would be provided for in the regulations;
  • (b) in the case of regulations under subsection (1)(a), only if the relevant authority whose area would be added to the area of the STB joins in the making of the proposal;
  • (c) in the case of regulations under subsection (1)(b), only if the resulting area of the STB meets the condition in section 102E(4).
  • (3) Regulations under this section changing the boundaries of the area of an STB may be made only if the Secretary of State considers that paragraphs (a) and (b) of section 102F(1) would apply in relation to the area as varied by the regulations.
  • (4) Regulations under this section may be made only with the consent of—
  • (a) the STB, and
  • (b) in the case of regulations under subsection (1)(a), the relevant authority whose area would be added to the area of the STB.
102R
  • (1) An STB may change its name by a resolution in accordance with this section.
  • (2) The resolution must be considered at a meeting of the STB that is specially convened for the purpose.
  • (3) Particulars of the resolution must be included in the notice of the meeting.
  • (4) The resolution must be passed at the meeting by not less than two-thirds of the members of the STB who vote on it.
  • (5) An STB which changes it 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.
  • (6) A change of name under this section does not affect the rights or obligations of the STB or any other person, or render defective any legal proceedings.
  • (7) Any legal proceedings may be commenced or continued as if there had been no change of name.

Supplementary

102S
  • (1) The Secretary of State may by regulations make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, regulations under this Part or for giving full effect to such regulations.
  • (2) Regulations under this Part may make different provision for different STBs or otherwise for different purposes.
  • (3) The provision which may be included by virtue of this section in regulations includes provision for the transfer under the regulations of property, rights and liabilities.
  • (4) The provision which may be included by virtue of subsection (3) in regulations includes provision—
  • (a) for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred under the regulations;
  • (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.
  • (5) The provision which may be included by virtue of this section in regulations includes provision amending, modifying, repealing or revoking any enactment, whenever passed or made.
  • (6) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
102T
  • (1) Regulations under this Part must be made by statutory instrument.
  • (2) A statutory instrument containing regulations under this Part 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) At the same time as laying a draft of a statutory instrument containing regulations under this Part before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.
  • (4) Subsections (2) and (3) do not apply to a statutory instrument that contains regulations only of the following kinds—
  • (a) regulations under section 102J that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time;
  • (b) regulations under section 102J that make provision under subsection (5)(b) of that section;
  • (c) regulations under section 102K that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time;
  • (d) regulations under section 102K that make provision under subsection (5)(b) of that section;
  • (e) regulations under section 102O(1) that make provision for the purpose mentioned in section 102O(4)(b);
  • (f) regulations under section 102O(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose.
  • (5) A statutory instrument to which subsections (2) and (3) do not apply is subject to annulment by resolution of either House of Parliament.
  • (6) If a draft of regulations under this Part would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
102U

In this Part—

  • “combined authority” means a body established as a combined authority under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
  • “constituent authority”, in relation to an STB, has the meaning given by section 102F(4);
  • “combined county authority” means a body established as a combined county authority under section 9(1) of the Levelling-up and Regeneration Act 2023;
  • “ITA” means an Integrated Transport Authority for an integrated transport area in England;
  • “Passenger Transport Executive” means a body which is such an Executive for the purposes of Part 2 of the Transport Act 1968;
  • “relevant authority” has the meaning given by section 102E(5);
  • “STB” has the meaning given by section 102E(2);
  • “transport functions” means any statutory functions relating to transport;
  • “transport strategy” has the meaning given by section 102I(11);
  • “unitary district council” means a district council whose area is not part of the area of a county council.

Consultation and inquiries for English schemes

Charges

Supplementary provision as to charging schemes

Suspension of charging schemes

Information

Financial penalty deposits: powers of vehicle examiners in Scotland

Disclosure of information relating to foreign-registered vehicles

Disclosure of information relating to foreign-registered vehicles

Effect of scheme: different operational dates and excepted services

Extension of maximum period of quality contracts

Continuation of schemes for further periods

Continuation of schemes for areas in England: procedure

Appeals where proposed variation considered exempt

Exemption from s.132 for specific variations directed by Transport Tribunal

Regulations about schemes

Power to make transitional provision about schemes

Guidance about schemes

Power to make traffic regulation orders

Competition scrutiny of functions and agreements relating to buses

Applications for registration where quality contracts scheme in force

Traffic regulation conditions for anticipated traffic problems

Transport Tribunal to decide appeals against traffic regulation conditions

Application of certain provisions about taxis and hire cars to London

Carrying of passengers in wheelchairs in vehicles providing local services

Carrying of passengers in wheelchairs: supplementary provisions

Permits in relation to use of vehicles by educational and other bodies

Further provision with respect to such permits

Powers of traffic commissioners where services not operated as registered

Operational data

Revival of certain powers of PTEs

Subsidy to secure passenger transport services in other areas

Contravention of an order under section 88

Power to establish STBs

Joint ITA-London charging schemes

Consultation and inquiries for English schemes

Charges

Supplementary provision as to charging schemes

Suspension of charging schemes

Use of equipment for charging schemes

Power of national authority to require information from charging authorities

Vehicles used without operator's licence: power to return detained vehicles

89B
  • (1) The Secretary of State may by order transfer functions of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 to an ITA.
  • (2) An order under this section may only be made in relation to functions that—
  • (a) relate to transport, and
  • (b) are exercisable by the combined county authority in relation to an area that becomes, or becomes part of, the ITA’s integrated transport area by virtue of an order under this Part.

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