The Transport Act 1985 (Exclusion of Bus Operating Powers and Exemption for Councils Running Small Bus Undertakings) Order 1985

Made: 5th December 1985

Laid before Parliament: 12th December 1985

Coming into Operation: 6th January 1986

The Secretary of State for Transport (as respects England), the Secretary of State for Scotland (as respects Scotland) and the Secretary of State for Wales (as respects Wales), in exercise of the powers conferred by sections 66(2), (3) and (4) and 71(1) of the Transport Act 1985 (hereinafter called “the Act”) and of all other powers enabling them in that behalf, hereby make the following Order:—

1

This Order may be cited as the Transport Act 1985 (Exclusion of Bus Operating Powers and Exemption for Councils Running Small Bus Undertakings) Order 1985 and shall come into operation on 6th January 1986.

2

The period beginning with the day on which this Order comes into force and ending with 25th October 1986 is specified as the primary period for the purposes of subsection (2) of section 66, being the period at the end of which subsection (1) of that section of the Act shall have effect in relation to the councils to whom this Order applies.

3

The period beginning with the day on which this Order comes into force and ending with 1st April 1986 is specified as the preparatory period for the purposes of subsection (4) of section 66, being the period before the end of which the councils to whom this Order applies are to comply with such of the requirements of sections 67 to 69 of the Act as are applicable to them.

4

Articles 2 and 3 of this Order apply to the non-metropolitan district councils in England and Wales specified in Parts I and III respectively of the Schedule to this Order and to the regional councils in Scotland specified in Part II of that Schedule, being councils operating bus undertakings at the time when section 66 of the Act came into force and who are not for the time being exempt by virtue of section 71 of the Act from subsection (1) of section 66.

5

The specified number for the purposes of subsection (1) of section 71 of the Act is ten.

SCHEDULE

PART I — NON-METROPOLITAN DISTRICT COUNCILS IN ENGLAND TO WHOM THE ORDER APPLIES

• Barrow-in-Furness Borough Council

• Blackburn Borough Council

• Blackpool Borough Council

• Bournemouth Borough Council

• Brighton Borough Council

• Burnley Borough Council

• Chester City Council

• Chesterfield Borough Council

• Cleethorpes Borough Council

• Colchester Borough Council

• Darlington Borough Council

• Derby City Council

• Eastbourne Borough Council

• Fylde Borough Council

• Great Yarmouth Borough Council

• Great Grimsby Borough Council

• Halton Borough Council

• Hartlepool Borough Council

• Hyndburn Borough Council

• Ipswich Borough Council

• Kingston Upon Hull City Council

• Lancaster City Council

• Langbaurgh Borough Council

• Leicester City Council

• Lincoln City Council

• Maidstone Borough Council

• Middlesbrough Borough Council

• Northampton Borough Council

• Nottingham City Council

• Pendle Borough Council

• Plymouth City Council

• Portsmouth City Council

• Preston Borough Council

• Reading Borough Council

• Rossendale Borough Council

• Southampton City Council

• Southend-on-Sea Borough Council

• Stockton-on-Tees Borough Council

• Thamesdown Borough Council

• Warrington Borough Council

• York City Council

PART II — REGIONAL COUNCILS IN SCOTLAND TO WHOM THE ORDER APPLIES

• Grampian Regional Council

• Lothian Regional Council

• Tayside Regional Council

PART III — NON-METROPOLITAN DISTRICT COUNCILS IN WALES TO WHOM THE ORDER APPLIES

• Aberconwy Borough Council

• Cardiff City Council

• Cynon Valley Borough Council

• Islwyn Borough Council

• Merthyr Tydfil Borough Council

• Newport Borough Council

• Rhymney Valley District Council

• Taff-Ely Borough Council

Signed

Nicholas Ridley — Secretary of State for Transport — 5th December 1985

George Younger — Secretary of State for Scotland — 5th December 1985

Nicholas Edwards — Secretary of State for Wales — 5th December 1985

Explanatory note

EXPLANATORY NOTE

This Order specifies the period ending with 25th October 1986 as the period at the end of which section 66(1) of the Transport Act 1985 shall have effect in relation to the councils to whom the Order applies, as specified in the Schedule to the Order. At that time, those councils will no longer have power to provide certain services for the carriage of passengers by road. The Order also specifies a shorter period ending with 1st April 1986 as the period before the end of which those councils must comply with such of the requirements of sections 67 to 69 of the Act (formation of companies; submission of transfer schemes; and submission of proposals for transfer orders) as are applicable to them.

The Order also specifies ten as the maximum number of vehicles above which a council operating a bus undertaking may not be exempted from section 66(1) of the Act.