LegalizeThe Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013
Made: 2nd July 2013
Coming into force: 3rd July 2013
In accordance with section 6(6) of the 2008 Act, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
Citation, commencement, extent and application
1
- (1) This Order may be cited as the Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 and comes into force on the day after the day on which it is made.
- (2) Articles 2 and 3 and Schedules 1 and 2 extend to England and Wales and Scotland (but see article 2 in relation to Scotland).
- (3) The amendments contained in Schedule 1 and Schedule 2 have the same extent as the enactments amended, except that nothing extends to Northern Ireland (and see article 2 in relation to Scotland).
- (4) Articles 4 to 6 and Schedules 3 to 6 extend to England and Wales only (but see paragraphs (5) and (6)).
- (5) Article 5 and Schedule 5 apply to England only.
- (6) Article 6 and Schedule 6 apply to Wales only.
Scotland
2
In their application in relation to Scotland, article 3 and Schedules 1 and 2 have effect only so far as relating to reserved matters, within the meaning of the Scotland Act 1998[^f00003].
Amendments – England and Wales and Scotland
3
In the tables in Schedules 1 (primary legislation) and 2 (subordinate legislation) the provisions specified in column 1 of each Schedule are amended as specified in column 2 of that Schedule.
Amendments – England and Wales
4
In the tables in Schedules 3 (primary legislation) and 4 (subordinate legislation) the provisions specified in column 1 of each Schedule are amended as specified in column 2 of that Schedule.
Amendments – England
5
In the table in Schedule 5 (subordinate legislation) the provisions specified in column 1 of that Schedule are amended as specified in column 2 of that Schedule.
Amendments – Wales
6
In the table in Schedule 6 (subordinate legislation) the English and Welsh text of the provisions specified firstly in English and thereafter in Welsh in column 1 of that Schedule is amended as specified in English and Welsh respectively in column 2 of that Schedule.
Transitional provisions
7
- (1) Nothing in this Order affects the validity of anything done by a traffic commissioner before the date on which this Order comes into force.
- (2) Anything which immediately before the date on which this Order comes into force is in the process of being done by, or in relation to, a traffic commissioner for a traffic area in England and Wales or Scotland may be continued by, or in relation to, any traffic commissioner for England and Wales or, as the case may be, the Scottish traffic commissioner.
- (3) Any notice served, action taken or other thing done, before the date on which this Order comes into force, under or pursuant to any provision amended by this Order has effect on or after that date as though validly served, taken or done under or pursuant to that provision as amended by this Order.
- (4) Any debt or liability of or due to a traffic commissioner for a traffic area which is due or outstanding immediately before the date on which this Order comes into force is to be treated as a debt or liability of or due to (as the case may be) the senior traffic commissioner.
- (5) Without prejudice to the generality of paragraphs (2) to (4), those paragraphs apply in particular to—
- (a) any decision or determination made by a traffic commissioner;
- (b) any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by a traffic commissioner;
- (c) any notice, direction or certificate given by or to a traffic commissioner;
- (d) any application, request, proposal, representation or objection made to a traffic commissioner;
- (e) any condition or requirement imposed by a traffic commissioner;
- (f) any undertaking given to a traffic commissioner;
- (g) any matter affecting fees;
- (h) any appeal against a decision of a traffic commissioner and any order made on such an appeal;
- (i) any appeal allowed or dismissed by a traffic commissioner;
- (j) any proceedings instituted by or against a traffic commissioner.
- (6) The first period ending on or after the date on which this Order comes into force for which annual reports are required to be made under section 55 of the Public Passenger Vehicles Act 1981[^f00004] (annual report of traffic commissioners) is to be the period of one year immediately following the end of the last period, which ended before that date, in relation to which annual reports were required under that section.
- (7) The annual reports which are made in relation to the first period ending on or after the date on which this Order comes into force are to cover all the proceedings of the reporting traffic commissioner during that period, whether as a traffic commissioner for a traffic area or as a traffic commissioner for England and Wales or, as the case may be, as the Scottish traffic commissioner.
SCHEDULE 1 — Amendments extending to England and Wales and Scotland – Primary Legislation
| Provision | Amendment |
|---|---|
| section 96[^f00006] (permitted driving time and periods of duty), | In subsection (10)(b), for “the traffic commissioner for any area”, substitute “a traffic commissioner”. |
| section 98[^f00007] (written records), | In subsection (3), for “the traffic commissioner for any area”, substitute “a traffic commissioner”. |
| section 99[^f00008] (inspection of records and other documents), | In subsection (8), for “the traffic commissioner for any area”, substitute “a traffic commissioner”. |
| section 103[^f00009] (interpretation, supplementary provisions, etc. for Part VI). | In subsection (5), for “The traffic commissioner for any area”, substitute “A traffic commissioner”. |
In paragraph 10—
- (a) in sub-paragraphs (1)(a) and (b), for “the traffic commissioner”, substitute “a traffic commissioner”; and
- (b) in sub-paragraph (2), for the words from “the traffic commissioner” to “notice of the application”, substitute “the application must be determined by a traffic commissioner within a prescribed time after notice of the application is received”.
| Provision | Amendment |
|---|---|
| Schedule 5[^f00036] (minor and consequential amendments). | Paragraph 22. See the entry for section 52(1)(a)(ii) of the Public Passenger Vehicles Act 1981[^f00037]. |
| Provision | Amendment |
| --- | --- |
| section 12[^f00039] (use of taxis or hire cars in providing local services), | In subsection (1)(a), for “the appropriate”, substitute “a”. |
| section 12[^f00039] (use of taxis or hire cars in providing local services), | In subsection (11) omit the words “by traffic commissioners”. |
| section 12[^f00039] (use of taxis or hire cars in providing local services), | In subsection (12), for “granted by the traffic commissioner for”, substitute “in relation to”. |
| section 19[^f00040] (permits in relation to use of public service vehicles by educational and other bodies), | In subsection (4) omit the words “in his area”. |
| section 19[^f00040] (permits in relation to use of public service vehicles by educational and other bodies), | In subsection (5) omit the words “within his area”. |
| section 20[^f00041] (further provision with respect to permits under section 19), | For subsection (5) substitute— 5 Subject to subsection (6) below— a a permit issued by a traffic commissioner may be varied or revoked by a traffic commissioner; b a permit issued by a body designated under section 19(7) may be varied or revoked— i by that body, or ii by a traffic commissioner after consultation with that body. |
| section 22[^f00042] (community bus permits), | In subsection (2), for the words from “the traffic commissioner” to “will be”, substitute “a traffic commissioner”. |
| section 23[^f00043] (further provision with respect to community bus permits), | In subsection (3) omit the words “granted by him”. |
| section 23[^f00043] (further provision with respect to community bus permits), | In subsection (4), for the words from “The traffic commissioner” to “while the permit”, substitute “A traffic commissioner may at any time while a community bus permit”. |
| section 23[^f00043] (further provision with respect to community bus permits), | In subsection (6)— for the words from “The traffic commissioner” to “revoke the permit”, substitute “A traffic commissioner may at any time revoke a community bus permit”; in paragraph (a), for “no longer satisfied”, substitute “not satisfied”; and in paragraph (c) omit the words “which has its operating centre in his area”. |
| section 26[^f00044] (conditions attached to PSV operator’s licence), | In subsection (1), for “to whom he has granted or is proposing to grant”, substitute “who has been granted or to whom it is proposed to grant”. |
| section 26[^f00044] (conditions attached to PSV operator’s licence), | In subsection (3), for the words from “the traffic commissioner” to the end of the subsection, substitute “a traffic commissioner may cancel the registration”. |
| section 26[^f00044] (conditions attached to PSV operator’s licence), | Omit subsection (4). |
| section 26[^f00044] (conditions attached to PSV operator’s licence), | In subsection (5), for “the commissioner”, substitute “a traffic commissioner”. |
| section 26[^f00044] (conditions attached to PSV operator’s licence), | In subsection (6)(a), for the words from “for which” to “acts”, substitute “to which the licence relates”. |
| section 27 (supplementary provisions with respect to conditions attached to PSV operator’s licence under section 26), | In subsection (1), for the words from “if he has” to “request for an inquiry”, substitute “if a request for an inquiry has been received by a traffic commissioner (within the prescribed period)”. |
| In subsection (3)— for “he”, substitute “he or another traffic commissioner”; and for the words from “if the holder” to “asked him to do so”, substitute “if a request for a traffic commissioner to do so is made to a traffic commissioner, before the end of such period as may be prescribed, by the holder of the licence”. | |
| section 28[^f00045] (power to disqualify PSV operators), | In subsection (1), for “the traffic commissioner for any traffic area”, substitute “a traffic commissioner”. |
| section 28[^f00045] (power to disqualify PSV operators), | In subsection (3), for “the area of one or more specified traffic commissioners”, substitute “one or more specified traffic areas”. |
| section 28[^f00045] (power to disqualify PSV operators), | In subsection (4), for “the traffic commissioner by whom it was granted”, substitute “a traffic commissioner”. |
| section 28[^f00045] (power to disqualify PSV operators), | In subsection (6A), for the words from “The traffic commissioner” to “subsection (1) above”, substitute “Where an order disqualifying a person has been made under subsection (1) above, a traffic commissioner”. |
| Schedule 4[^f00046] (constitution, powers and proceedings of the transport tribunal). | In paragraph 13(2), for “the determination of a traffic commissioner for a traffic area in Scotland”, substitute “a determination of any traffic commissioner in relation to a traffic area in Scotland.” |
| Schedule 4[^f00046] (constitution, powers and proceedings of the transport tribunal). | In paragraph 17[^f00047] (powers of First-tier Tribunal and Upper Tribunal in relation to transport appeals), in sub-paragraph (2), for paragraph (b) substitute— b to remit the matter to— i the traffic commissioner who made the decision against which the appeal is brought; or ii as the case may be, such other traffic commissioner as may be required by the senior traffic commissioner to deal with the appeal, for rehearing and determination by the commissioner in any case where the tribunal considers it appropriate; . |
| Provision | Amendment |
| --- | --- |
| section 73[^f00049] (provisions supplementary to sections 69 to 72), | In subsection (1), for paragraph (a), substitute— a a traffic commissioner, and . |
| section 73[^f00049] (provisions supplementary to sections 69 to 72), | In subsection (1ZA) omit paragraph (a). |
| section 73[^f00049] (provisions supplementary to sections 69 to 72), | In subsection (1A), for paragraph (a), substitute— a a traffic commissioner, and . |
| section 73[^f00049] (provisions supplementary to sections 69 to 72), | In subsection (1C), in paragraph (b), for “were brought”, substitute “were required to be brought”. |
| section 111[^f00050] (functions of traffic commissioners), | In subsection (1), for the words from “The traffic commissioner” to “1981”, substitute “A traffic commissioner”. |
| section 113[^f00051] (grant of licences: referral of matters of conduct to traffic commissioners), | In subsection (1), for the words from “the traffic commissioner” to “resides”, substitute “a traffic commissioner”. |
| section 113[^f00051] (grant of licences: referral of matters of conduct to traffic commissioners), | In subsection (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| section 113[^f00051] (grant of licences: referral of matters of conduct to traffic commissioners), | In subsection (3), for “to whom a reference has been made”, substitute “dealing with a reference”. |
| section 113[^f00051] (grant of licences: referral of matters of conduct to traffic commissioners), | In subsection (4), for “the commissioner may”, substitute “the commissioner dealing with the application may”. |
| section 113[^f00051] (grant of licences: referral of matters of conduct to traffic commissioners), | In subsection (5), for “The traffic commissioner to whom a reference has been made”, substitute “A traffic commissioner dealing with a reference”. |
| section 116[^f00052] (revocation or suspension of licences: referral of matters of conduct to traffic commissioners), | In subsection (1), for the words from “the traffic commissioner” to “resides”, substitute “a traffic commissioner”. |
| section 116[^f00052] (revocation or suspension of licences: referral of matters of conduct to traffic commissioners), | In subsections (2) and (2A), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| section 116[^f00052] (revocation or suspension of licences: referral of matters of conduct to traffic commissioners), | In subsection (3), for “to whom a reference has been made”, substitute “dealing with a reference”. |
| section 116[^f00052] (revocation or suspension of licences: referral of matters of conduct to traffic commissioners), | In subsection (4), for “the commissioner may”, substitute “the commissioner dealing with the reference may”. |
| section 116[^f00052] (revocation or suspension of licences: referral of matters of conduct to traffic commissioners), | In subsection (5), for “the traffic commissioner to whom a reference has been made”, substitute “a traffic commissioner dealing with a reference”. |
| section 116[^f00052] (revocation or suspension of licences: referral of matters of conduct to traffic commissioners), | In subsection (6), for the words from “the traffic commissioner” to “resides”, substitute “a traffic commissioner”. |
| section 118[^f00053] (revoked or suspended licences: surrender, return and endorsement), | In subsection (2) (if its substitution by virtue of paragraph 20(3) of Schedule 3 to the Road Safety Act 2006[^f00054] does not come into force on or before the date on which this Order comes into force)— in paragraph (a), for the words from “the traffic commissioner” to “resides”, substitute “a traffic commissioner”; and in paragraph (b)— for “the traffic commissioner” substitute “a traffic commissioner”; for “delivered to him” substitute “delivered to a traffic commissioner”; and for “the commissioner” substitute “a traffic commissioner”. |
| section 118[^f00053] (revoked or suspended licences: surrender, return and endorsement), | In subsection (2B) (as it has effect, or is to have effect, by virtue of paragraph 20(3) of Schedule 3 to the Road Safety Act 2006), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| section 118[^f00053] (revoked or suspended licences: surrender, return and endorsement), | In subsection (5) (if its omission by virtue of paragraph 20(5) of the Road Safety Act 2006 does not come into force on or before the date on which this Order comes into force), for “the traffic commissioner”, substitute “he or another traffic commissioner”. |
| section 119[^f00055] (appeals to magistrates’ court or sheriff), | In subsection (1), for “and any traffic commissioner to whom the matter was referred”, substitute “and, if the matter was referred to a traffic commissioner, to the traffic commissioner dealing with the matter”. |
| section 119[^f00055] (appeals to magistrates’ court or sheriff), | In subsection (2), for “the commissioner shall”, substitute “the commissioner dealing with the matter shall”. |
| section 122[^f00056] (provisions as to Northern Ireland licences), | In subsection (2) omit the words from “subject to the modification” to the end of the subsection. |
| section 164[^f00057] (power of constables to require production of driving licence and in certain cases statement of date of birth). | In subsection (3)(b), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| Provision | Amendment |
| --- | --- |
| Schedule 1, Part 1[^f00059] (tribunals under direct supervision of council). | In the second column (tribunal and statutory authority), in paragraph 40, for sub-paragraph (a) substitute— a A traffic commissioner; . |
| Provision | Amendment |
| --- | --- |
| section 74[^f00061] (powers of certain office-holders). | In subsection (4), for paragraph (e), substitute— e a traffic commissioner; . |
| Provision | Amendment |
| --- | --- |
| Schedule 1, Part 6[^f00101] (other public bodies and offices: general). | For the entry relating to “The Traffic Commissioners” substitute “A traffic commissioner, in respect of information held by the commissioner otherwise than as a tribunal”. |
| Provision | Amendment |
| --- | --- |
| section 263 (addition of specified vehicles to operator’s licence). | See the entries for section 5(6) of the Goods Vehicles (Licensing of Operators) Act 1995[^f00103]. |
| Provision | Amendment |
| --- | --- |
| Schedule 3 (endorsement: all drivers). | Paragraph 20(3). See the entry for section 118(2) of the Road Traffic Act 1988[^f00105]. |
SCHEDULE 2 — Amendments extending to England and Wales and Scotland — Subordinate Legislation
| Provision | Amendment |
|---|---|
| regulation 3[^f00107] (interpretation). | Omit the definition of “the Commissioners”. |
| Provision | Amendment |
| --- | --- |
| regulation 9 (notification of increase of seating or standing capacity). | For “the traffic commissioners who granted that licence” substitute “a traffic commissioner”. |
| Provision | Amendment |
| --- | --- |
| the Schedule, | the Schedule, |
| Part 1 (the Public Passenger Vehicles Act 1981), | In column 2— in the entry relating to section 12(3) of the 1981 Act, for the words from “by the traffic commissioner” to “area”, substitute “in relation to the same traffic area”; in the entry relating to section 14(1) of the 1981 Act— for “the traffic commissioner”, in the first place where those words occur, substitute “a traffic commissioner”; for “unless he is” substitute “unless a traffic commissioner is”; and for “the traffic commissioner”, in the second place where those words occur, substitute “the traffic commissioner dealing with the application”; in the entry relating to section 17(1) of the 1981 Act, for “the traffic commissioner”, substitute “a traffic commissioner”; in the entry relating to section 19(1) of the 1981 Act, for “to whom the application was made”, substitute “dealing with the application”; |
| in the entry relating to section 19(2) of the 1981 Act, for “the traffic commissioner by whom the licence was granted”, substitute “a traffic commissioner”; and in the entry relating to section 19(3) of the 1981 Act, for “the traffic commissioner by whom the licence was granted”, substitute “a traffic commissioner”. | |
| Part 2 (the Transport Act 1985). | In column 2, in the entry relating to section 12(12) of the 1985 Act, for the words from “by the traffic commissioner” to “area”, substitute “in relation to the same traffic area”. |
| Provision | Amendment |
| --- | --- |
| regulation 4[^f00111] (traffic commissioner to make copies of “Notices and Proceedings” available), | In paragraph (1) omit “at his offices”. |
| regulation 5 (records). | For “Every traffic commissioner” substitute “A traffic commissioner”. |
| regulation 5 (records). | In paragraph (1) omit “by him”. |
| regulation 5 (records). | In paragraph (3), for “by him”, substitute “by him or another traffic commissioner”. |
| regulation 5 (records). | In paragraph (4) omit “with him”. |
| Provision | Amendment |
| --- | --- |
| article 4 (returns). | For the words from “the traffic commissioner” to “carried on” substitute “a traffic commissioner”. |
| article 4 (returns). | In paragraph (a), for “every such permit”, substitute “every permit granted by it”. |
| Provision | Amendment |
| --- | --- |
| article 5 (construction and amendments of enactments and other documents). | In paragraph (2), for “the Traffic Commissioner for that Area” in the second place where those words occur, substitute “a traffic commissioner”. |
| Provision | Amendment |
| --- | --- |
| article 5 (impounding of goods vehicles). | In paragraph (1)— for “the traffic commissioner for any traffic area in Great Britain”, substitute “a traffic commissioner”; and for “his traffic area”, substitute “Great Britain”. |
| article 5 (impounding of goods vehicles). | In paragraph (4), for “The traffic commissioner”, substitute “A traffic commissioner”. |
| article 5 (impounding of goods vehicles). | In paragraph (5)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (2)—
- (a) for “the traffic commissioner” in the first place where those words occur, substitute “the traffic commissioner directing the variation”; and
- (b) for “the traffic commissioner” in the second place where those words occur, substitute “a traffic commissioner”.
| Provision | Amendment |
|---|---|
| regulation 3[^f00123] (fees). | In paragraph (8), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| Provision | Amendment |
| --- | --- |
| Schedule 6, Part 1 (modifications to the Goods Vehicles (Licensing of Operators) Act 1995[^f00125] in relation to foreign goods vehicles). | In paragraph (k), in the words in quotation marks, for “the traffic commissioner by whom the licence was issued” substitute “a traffic commissioner”. |
| Schedule 6, Part 1 (modifications to the Goods Vehicles (Licensing of Operators) Act 1995[^f00125] in relation to foreign goods vehicles). | In paragraph (m), in the words in quotation marks— for “to inform him” substitute “to inform a traffic commissioner”; and for “the traffic commissioner” substitute “a traffic commissioner”. |
| Schedule 6, Part 1 (modifications to the Goods Vehicles (Licensing of Operators) Act 1995[^f00125] in relation to foreign goods vehicles). | In paragraph (o), in the words in quotation marks, for the words from “the traffic commissioner” to “direct that it”, substitute “a traffic commissioner may direct that an operator’s licence”. |
| Provision | Amendment |
| --- | --- |
| article 4 (construction and amendment of enactments and other documents). | In paragraphs (1) and (2), for “the traffic commissioner for the Welsh Traffic Area”, substitute “a traffic commissioner”. |
| Provision | Amendment |
| --- | --- |
| the Schedule[^f00128] (specified bodies). | Omit the entry relating to the “Traffic Commissioner for the Scottish Traffic Area”; and Insert in the appropriate place in alphabetical order— Scottish Traffic CommissionerSection 4(1) of the Public Passenger Vehicles Act 1981 (c.14) . |
| Scottish Traffic Commissioner | Section 4(1) of the Public Passenger Vehicles Act 1981 (c.14) |
| Provision | Amendment |
| --- | --- |
| regulation 3 (interpretation)[^f00130], | For the definition of “traffic commissioner” substitute— “traffic commissioner” means a commissioner appointed under section 4 of the Public Passenger Vehicles Act 1981[^f00131]; . |
| regulation 56 (holders of licences who are disqualified by order of a court), | In paragraph (5), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 57 (removal of disqualification), | In paragraph (1), for the words from “the traffic commissioner” to “referred to him”, substitute “a traffic commissioner in a case which was referred under regulation 56(5)”. |
| regulation 81 (service personnel), | For the words from “The traffic commissioner” to “Traffic Areas” substitute “A traffic commissioner”. |
| regulation 82 (Northern Ireland licences). | Omit paragraph (1). |
| regulation 82 (Northern Ireland licences). | In paragraph (2), for sub-paragraph (b), substitute— b if a particular court is not nominated under sub-paragraph (a), the Carlisle Combined Court Centre. |
| Provision | Amendment |
| --- | --- |
| rule 5 (method of applying), | In paragraph (2), for “the traffic commissioner”, substitute— — a the traffic commissioner who made the decision in respect of which the application is made; or b as the case may be, such other traffic commissioner as may be required by the senior traffic commissioner to deal with the application . |
| rule 6 (contents of notice), | In paragraph (b), after “the traffic commissioner”, insert “who made the decision in respect of which the application is made or such other traffic commissioner as may be dealing with the application”. |
| rule 8 (traffic commissioner’s statement of reasons), | In paragraph (1)— before “receipt”, insert “the”; after “the traffic commissioner”, insert “who made the decision, or such other traffic commissioner as may be dealing with the application,”; and for “his reasons for refusing or withdrawing”, substitute “the reasons for the refusal or withdrawal of”. |
| rule 8 (traffic commissioner’s statement of reasons), | In paragraph (2), for “he has previously done so”, substitute “this has previously been done”. |
| rule 10 (decision of the Tribunal), | In paragraph (3), for “the traffic commissioner”, substitute— — a the traffic commissioner who made the decision in respect of which the application is made; or b such other traffic commissioner as may be dealing with the application . |
| rule 12 (method of appealing), | In paragraph (2)(b), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought or, as the case may be, such other traffic commissioner as may be required by the senior traffic commissioner to deal with the appeal”. |
| rule 13[^f00133] (action on receipt of appeal), | In paragraph (1)(a), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought or such other traffic commissioner as may be dealing with the appeal”. |
| rule 14[^f00134] (parties to an appeal), | In paragraph (1), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought”. |
| rule 15 (supply of information and documents), | In paragraph (1)— before “receipt”, insert “the”; and after “the traffic commissioner” where those words first occur, insert “who made the decision against which the appeal is brought or, as the case may be, such other traffic commissioner as may be dealing with the appeal,”. |
| rule 15 (supply of information and documents), | In paragraph (1)(a) and (b), after “the traffic commissioner”, insert “who made the decision”. |
| rule 15 (supply of information and documents), | In paragraph (1)(c), for “the traffic commissioner’s note of the inquiry”, substitute “the note of the inquiry prepared by the traffic commissioner who held it”. |
| rule 15 (supply of information and documents), | In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| rule 15 (supply of information and documents), | In paragraph (3), after “The traffic commissioner”, insert “who made the decision against which the appeal is brought, or such other traffic commissioner as may be dealing with the appeal,”. |
| rule 23 (amendment), | In paragraph (2)(b), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought, or such other traffic commissioner as may be dealing with the appeal,”. |
| rule 25 (disclosure of documents), | In paragraph (1), after “The traffic commissioner”, insert “who made the decision against which the appeal is brought, such other traffic commissioner as may be dealing with the appeal”. |
| rule 28[^f00135] (withdrawal of proceedings), | In paragraph (2), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought or such other traffic commissioner as may be dealing with the appeal”. |
| rule 29 (arrangements for hearings), | In paragraph (3)(b), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought, or such other traffic commissioner as may be dealing with the appeal,”. |
| rule 32 (limitation to grounds relied upon and evidence given), | In paragraph (1), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought”. |
| rule 32 (limitation to grounds relied upon and evidence given), | In paragraph (2), after “the traffic commissioner”, insert “who made the decision”. |
| rule 35[^f00136] (decision of the Tribunal). | In paragraph (3), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought, or such other traffic commissioner as may be dealing with the appeal,”. |
| Provision | Amendment |
| --- | --- |
| The Schedule (excluded authorities), Part 2, | For the entry relating to the Traffic Commissioner for the Welsh Traffic Area substitute— “Any traffic commissioner who carries out functions only or mainly in or as regards Wales, in respect of information held by that traffic commissioner otherwise than as a tribunal.” |
| Provision | Amendment |
| --- | --- |
| article 2[^f00147] (list of tribunals). | In the Table, in the first column, for “Traffic Commissioners for areas in England and Wales”, substitute “Traffic commissioners for England and Wales and the Scottish traffic commissioner in respect of the exercise in relation to any traffic area in England and Wales of any functions of a traffic commissioner that relate to reserved matters within the meaning of the Scotland Act 1998[^f00148]”. |
| Provision | Amendment |
| --- | --- |
| regulation 2 (interpretation), | In regulation 2(1), for the definition of “issuing body”, substitute— “issuing body” means— a a traffic commissioner; or b as the case may be, the designated body which granted a permit and issued a corresponding disc; . |
| regulation 10 (replacement of certain permits and discs which are lost or destroyed), | In paragraph (1) omit “which granted the permit or issued the disc”. |
| regulation 10 (replacement of certain permits and discs which are lost or destroyed), | In paragraph (5) omit “which granted or issued it”. |
| regulation 11(revocation of permits granted before 6th April 2009 which are lost or destroyed), | In paragraph (1) omit “which granted the permit or issued the disc”. |
| regulation 11(revocation of permits granted before 6th April 2009 which are lost or destroyed), | In paragraph (7) omit “which granted or issued it”. |
| regulation 12 (return of permits and discs), | For paragraphs (a) and (b), substitute— a a traffic commissioner; or b if the designated body which revoked the permit has not ceased to be a designated body, that designated body. |
| regulation 13 (transitional provisions). | In paragraph (3), for “the traffic commissioner for”, substitute “a traffic commissioner in relation to”. |
| Provision | Amendment |
| --- | --- |
| Schedule 1 (specified functions). | In Part 2 (Public Passenger Vehicles Act 1981[^f00152]), in paragraphs 7, 8, 9, 10, 11, 14, 15, 16, 18, 19 and 20, omit the word “the” before “traffic commissioners”. |
| Schedule 1 (specified functions). | In Part 5 (Goods Vehicles (Licensing of Operators) Act 1995[^f00153]), in paragraphs 44, 45, 46 and 47, omit the word “the” before “traffic commissioners”. |
| Provision | Amendment |
| --- | --- |
| regulation 9 (informing persons that their property has been detained etc.), | In paragraph (3), for sub-paragraph (b), substitute— b a traffic commissioner; . |
| regulation 9 (informing persons that their property has been detained etc.), | In paragraph (4)— in sub-paragraph (c)(i), for the words from “the traffic commissioner” to “was detained”, substitute “a traffic commissioner”; and in sub-paragraph (d), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 11 (application to traffic commissioner for return of vehicle), | In paragraph (1), for the words from “the traffic commissioner” to “was detained”, substitute “a traffic commissioner”. |
| regulation 11 (application to traffic commissioner for return of vehicle), | In paragraph (3), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 12 (hearings by traffic commissioner), | In paragraph (1)— in sub-paragraph (a), for “the traffic commissioner”, substitute “a traffic commissioner”; for sub-paragraph (b), substitute— b following the receipt of an application under regulation 11(1) a traffic commissioner decides that it would be appropriate for a hearing to be held before a determination on the application is made, ; for the words “the traffic commissioner must” immediately following sub-paragraph (b), substitute “a traffic commissioner must”; for “of receipt”, substitute “of the receipt”; and omit “of the traffic commissioner”. |
| regulation 12 (hearings by traffic commissioner), | After paragraph (6) add— 7 In this regulation “the traffic commissioner” means the traffic commissioner dealing with the application. |
| regulation 13 (notification of determinations), | In paragraph (1), for “The traffic commissioner”, substitute “A traffic commissioner”. |
| regulation 14 (consequences of the traffic commissioner’s determination), | In paragraph (a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 14 (consequences of the traffic commissioner’s determination), | In paragraph (b), for “commissioner determines”, substitute “commissioner dealing with the application determines”. |
| regulation 15 (appeal to Upper Tribunal from traffic commissioner), | For “the traffic commissioner” substitute “a traffic commissioner”. |
| regulation 16 (sale or destruction of vehicle). | In paragraph (1), for “the traffic commissioner” in both places where those words occur, substitute “a traffic commissioner”. |
| regulation 16 (sale or destruction of vehicle). | In paragraph (4), for sub-paragraph (b), substitute— b a traffic commissioner; . |
SCHEDULE 3 — Amendments extending to England and Wales — Primary Legislation
| Provision | Amendment |
|---|---|
| section 38[^f00156] (parking place to be used as bus or coach station), | In subsection (4), for “the appropriate traffic commissioner”, substitute “a traffic commissioner”. |
| In subsection (7) omit paragraph (a). | |
| Schedule 9, Part 5[^f00157] (consultation with traffic commissioners). | In paragraph 31, for sub-paragraph (a), substitute— a shall consult the senior traffic commissioner appointed under section 4A of the Public Passenger Vehicles Act 1981[^f00158], and . |
In subsection (12)—
- (a) in paragraph (b) of the definition of “relevant application”, for “the traffic commissioner” substitute “a traffic commissioner”; and
- (b) insert the following definition at the appropriate place—
- “the traffic commissioner” means the traffic commissioner dealing with the application mentioned in subsection (1).
| Provision | Amendment |
|---|---|
| section 191 (consultation), | In subsection (2), for paragraphs (d) and (e), substitute— d a traffic commissioner; . |
| section 194 (application of the Public Passenger Vehicles Act 1981[^f00169]), | In subsection (2)(a), for “the traffic commissioner by whom the licence was granted”, substitute “a traffic commissioner”. |
| section 195 (interpretation of Chapter 5). | Omit the definition of “traffic commissioner for the Metropolitan Traffic area”. |
| Provision | Amendment |
| --- | --- |
| section 114[^f00171] (quality partnership schemes), | In subsection (3C), for “the traffic commissioners are”, substitute “a traffic commissioner is”. |
| section 115[^f00172] (notice and consultation requirements), | In subsection (3), for paragraph (d), substitute— d a traffic commissioner, . |
| section 116[^f00173] (making of scheme), | In subsection (6)— omit the word “and” immediately preceding paragraph (b); and in paragraph (b), for the words from “and the traffic commissioner” to “relates”, substitute— , and c to a traffic commissioner . |
| section 117[^f00174] (postponement of scheme or of provision of particular facilities or standards of service), | In subsection (3)— omit the word “and” immediately preceding paragraph (b); and in paragraph (b), for the words from “and the traffic commissioner” to “relates”, substitute— , and c to a traffic commissioner . |
| section 118[^f00175] (effect of scheme), | In subsection (4)(a), for the words from “the traffic commissioner” to “relates”, substitute “a traffic commissioner”. |
| --- | --- |
| section 122[^f00176] (regulations about schemes), | In subsection (1)(d), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| section 125[^f00177] (notice and consultation requirements), | In subsection (3)(e), for the words from “the traffic commissioner” to “relates”, substitute “a traffic commissioner”. |
| section 125[^f00177] (notice and consultation requirements), | In subsection (3)(f), for “that area”, substitute “the area to which the proposed scheme relates”. |
| section 127[^f00178] (making of scheme), | In subsection (8)(b), for the words from “the traffic commissioner” to “that area”, substitute “a traffic commissioner”. |
| section 128[^f00179] (postponement of scheme), | In subsection (3)— omit the word “and” immediately preceding paragraph (b); and in paragraph (b), for the words from “and the traffic commissioner” to “relates”, substitute— , and c to a traffic commissioner . |
| section 130[^f00180] (tendering for quality contracts), | In subsection (7), for the words from “the traffic commissioner” to “relates”, substitute “a traffic commissioner”. |
| section 131A[^f00181] (continuation of schemes for further periods), | In subsection (4)(b), for “traffic commissioners for areas to which scheme relates”, substitute “a traffic commissioner”. |
| section 132[^f00182] (variation or revocation of scheme), | In subsection (6)— in paragraphs (a) and (b), for “each relevant traffic commissioner”, substitute “a traffic commissioner”; and omit the second sentence. |
| section 132[^f00182] (variation or revocation of scheme), | In subsection (8)(c), for the words from “any traffic commissioner” to “Wales,”)”, substitute “a traffic commissioner”. |
| section 132D[^f00183] (period for which interim service may be provided), | In subsection (5)(b), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| section 132D[^f00183] (period for which interim service may be provided), | In subsection (6), for “The traffic commissioner”, substitute “A traffic commissioner”. |
| For subsection (7), substitute— 7 Any application to a traffic commissioner under paragraph (b) of subsection (5) must be made at least one month before the date mentioned in paragraph (a) of that subsection. | |
| section 136 (notice and consultation requirements), | In subsection (3), for paragraph (c), substitute— c a traffic commissioner. |
| section 137[^f00184] (making of scheme), | In subsection (4), for paragraph (b), substitute— b to a traffic commissioner, . |
| section 139[^f00185] (information about bus services), | In subsection (2), for paragraph (b), substitute— b a traffic commissioner. |
| section 140 (duty of authority to make information available), | In subsection (4), for “the traffic commissioner for the traffic area covering their area”, substitute “a traffic commissioner”. |
| section 155[^f00186] (sanctions). | In subsection (1), for “the traffic commissioner for any traffic area”, substitute “a traffic commissioner”. |
SCHEDULE 4 — Amendments extending to England and Wales — Subordinate Legislation
| Provision | Amendment |
|---|---|
| Regulation 7[^f00188] (safe custody and recording of property). | In paragraph (3), for “the traffic commissioners for the area in which the record is kept”, substitute “a traffic commissioner”. |
| Provision | Amendment |
| --- | --- |
| Regulation 3[^f00190] (applications for registration), | For paragraphs (1) and (2), substitute— 1 An application for registration of particulars of a service shall be made to a traffic commissioner. |
| Regulation 3[^f00190] (applications for registration), | In paragraph (3), for “the traffic commissioner to whom it is made”, substitute “a traffic commissioner”. |
| Regulation 3[^f00190] (applications for registration), | In paragraph (4), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| Regulation 3[^f00190] (applications for registration), | In paragraph (5)— for “The traffic commissioner”, substitute “A traffic commissioner”; and omit “by him”. |
| Regulation 7[^f00191] (which modifies section 6 of the Transport Act 1985[^f00192] in certain cases), | In paragraph (1)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| Regulation 9[^f00193] (variations of registered services), | In paragraph (3), for “the traffic commissioner with whom the service is registered”, substitute “a traffic commissioner”. |
| Regulation 9A[^f00194] (cancellation). | In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| In paragraph (2)— in sub-paragraph (a), for the words from “without first” to “to do so”, substitute “unless a notice in writing of the intention to do so has been sent by post”; and in sub-paragraph (b), for “he sent the notice”, substitute “the notice was sent”. | |
| In paragraph (4)— for “The traffic commissioner”, substitute “A traffic commissioner”; and omit “by him”. | |
| Provision | Amendment |
| --- | --- |
| regulation 6 (requests for inquiries), | In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 6 (requests for inquiries), | In paragraph (2), for the words from “the traffic commissioner” to “traffic regulation conditions)”, substitute “for an inquiry to be held after a determination of traffic regulation conditions has been made)”. |
| Regulation 7 (appeals), | In paragraph (3)(a), after “is made”, insert “or, as the case may be, such other traffic commissioner as may be required by the senior traffic commissioner to deal with the appeal”. |
| Regulation 7 (appeals), | In paragraph (3)(b), for “the traffic commissioner” where those words first occur, substitute “a traffic commissioner”. |
| regulation 8 (requirements for writing and delivery), | For “the traffic commissioner in question” substitute “a traffic commissioner”. |
| regulation 9 (computation of time). | In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (3)(b), for “the traffic commissioner”, substitute “a traffic commissioner”.
| Provision | Amendment |
|---|---|
| regulation 4 (period of notice for new registration during transitional period), | In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 5 (period of notice for cancellation of registration during transitional period), | In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 6 (period of notice for variation of registration during transitional period), | In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 6 (period of notice for variation of registration during transitional period), | In paragraph (3), for “the traffic commissioner”, substitute “the traffic commissioner dealing with the matter in question”. |
| regulation 7 (determination of period by traffic commissioner), | In paragraph (1)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 10 (prescribed time for submission of clearance certificate). | For “the traffic commissioner”, in both places where those words occur, substitute “a traffic commissioner”. |
| Provision | Amendment |
| --- | --- |
| Regulation 2 (interpretation), | In paragraph (1), in sub-paragraph (b) of the definition of “relevant operator”, for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 9 (additional provisions where situation in section 134B(2) arises). | In paragraph (1)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
SCHEDULE 5 — Amendments to subordinate legislation applying to England only
| Provision | Amendment |
|---|---|
| the Schedule (Traffic Management Act 2004[^f00200]: network management duties— guidance on intervention criteria for England). | In paragraph 40(5) omit the word “the” immediately preceding “Traffic Commissioners”. |
| Provision | Amendment |
| --- | --- |
| Regulation 2 (interpretation), | In paragraph (1), for the definition of “traffic commissioner”, substitute— “traffic commissioner” means a commissioner appointed under section 4 of the 1981 Act[^f00202]. |
| regulation 5 (definition of “relevant operator”), | In paragraphs (2)(b) and (3)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 7 (definition of “admissible objection”), | In paragraphs (6)(b) and (7)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 8 (procedure for making an objection), | In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 10 (decision of lead authority), | In paragraph (5), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 11 (referral to the traffic commissioner), | In both the heading and paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 11 (referral to the traffic commissioner), | In paragraph (3), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. |
| regulation 12 (provision of information to traffic commissioner), | In paragraph (1), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. |
| regulation 12 (provision of information to traffic commissioner), | After paragraph (7), add— 8 In this regulation, “the traffic commissioner” means the traffic commissioner dealing with the referral in question. |
| regulation 13[^f00203] (assessors to assist traffic commissioners), | In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 13[^f00203] (assessors to assist traffic commissioners), | In paragraph (3), for “the traffic commissioner must pay that person”, substitute “that person must be paid”. |
| regulation 14 (determination of the traffic commissioner), | In both the heading and paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 14 (determination of the traffic commissioner), | In paragraph (7), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 14 (determination of the traffic commissioner), | In paragraph (8)— for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”; and for “the traffic commissioner” in the second place where those words occur, substitute “the traffic commissioner dealing with the referral”. |
| regulation 15 (extension of time), | In paragraph (1), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. |
| regulation 16 (interpretation of Part 3), | In paragraph (e)(i), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 18 (failure of lead authority to review requirements as to maximum fares). | In paragraph (3), for “the traffic commissioner”, substitute “a traffic commissioner”. |
SCHEDULE 6 — Amendments to subordinate legislation applying to Wales only
| Provision in English followed by equivalent in Welsh | Amendment in English followed by equivalent in Welsh |
|---|---|
| the Schedule (Traffic Management Act 2004: network management duties— guidance on intervention criteria for Wales). | In paragraph 37(5) omit the word “the” immediately preceding “Traffic Commissioners”. |
| yr Atodlen (Deddf Rheoli Traffig 2004: dyletswyddau i reoli’r rhwydwaith – canllawiau ar feini prawf ymyrryd ar gyfer Cymru). | Ym mharagraff 37(5) hepgorer y gair “y” yn union cyn “Comisiynwyr Traffig”. |
| Provision in English followed by equivalent in Welsh | Amendment in English followed by equivalent in Welsh |
| --- | --- |
| regulation 2 (interpretation), | In paragraph (1), for the definition of “traffic commissioner”, substitute— “traffic commissioner” means a commissioner appointed under section 4 of the 1981 Act[^f00208]. |
| rheoliad 2 (dehongli), | Ym mharagraff (1), yn lle’r diffiniad o “comisiynydd traffig”, rhodder— ystyr “comisiynydd traffig” (“traffic commissioner”) yw comisiynydd a benodwyd o dan adran 4 o Ddeddf 1981[^f00209]. |
| regulation 5 (definition of “relevant operator”), | In paragraphs (2)(b) and (3)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| rheoliad 5 (diffinio “gweithredwr perthnasol”), | Ym mharagraffau (2)(b) a (3)(a), yn lle “i’r comisiynydd traffig” rhodder “i gomisiynydd traffig”. |
| regulation 7 (definition of “admissible objection”), | In paragraphs (6)(b) and (7)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| rheoliad 7 (diffinio “gwrthwynebiad derbyniadwy”), | Ym mharagraffau (6)(b) a (7)(a), yn lle “i’r comisiynydd traffig” rhodder “i gomisiynydd traffig”. |
| regulation 8 (procedure for making an objection), | In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| rheoliad 8 (gweithdrefn ar gyfer gwrthwynebu), | Ym mharagraff (2), yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”. |
| regulation 10 (decision of lead authority), | In paragraph (5), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| rheoliad 10 (penderfyniad yr awdurdod arweiniol), | Ym mharagraff (5), yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”. |
| regulation 11 (referral to the traffic commissioner), | In both the heading and paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 11 (referral to the traffic commissioner), | In paragraph (3), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. |
| rheoliad 11 (atgyfeirio at y comisiynydd traffig), | Yn y pennawd ac ym mharagraff (1), yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”. |
| rheoliad 11 (atgyfeirio at y comisiynydd traffig), | Ym mharagraff (3), yn lle “y comisiynydd traffig” yn y man cyntaf lle digwydd y geiriau hynny, rhodder “gomisiynydd traffig”. |
| regulation 12 (provision of information to traffic commissioner), | In paragraph (1), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. |
| regulation 12 (provision of information to traffic commissioner), | After paragraph (7), add— 8 In this regulation, “the traffic commissioner” means the traffic commissioner dealing with the referral in question. |
| rheoliad 12 (darparu gwybodaeth i’r comisiynydd traffig), | Ym mharagraff (1), yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”. |
| rheoliad 12 (darparu gwybodaeth i’r comisiynydd traffig), | Ar ôl paragraff (7) ychwaneger— 8 Yn y rheoliad hwn, ystyr “y comisiynydd traffig” (“the traffic commissioner”) yw’r comisiynydd traffig sy’n ymdrin â’r atgyfeiriad o dan sylw. |
| regulation 13 (assessors to assist traffic commissioners), | In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 13 (assessors to assist traffic commissioners), | In paragraph (3), for “the traffic commissioner must pay that person”, substitute “that person must be paid”. |
| rheoliad 13 (aseswyr i gynorthwyo comisiynwyr traffig), | Ym mharagraff (1), yn lle “y comisiynydd traffig”, rhodder “comisiynydd traffig”. |
| rheoliad 13 (aseswyr i gynorthwyo comisiynwyr traffig), | Ym mharagraff (3), yn lle “rhaid i’r comisiynydd traffig dalu i’r person hwnnw”, rhodder “rhaid talu i’r person hwnnw”. |
| regulation 14 (determination of the traffic commissioner), | In both the heading and paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 14 (determination of the traffic commissioner), | In paragraph (7), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| regulation 14 (determination of the traffic commissioner), | In paragraph (8)— for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”; and for “the traffic commissioner” in the second place where those words occur, substitute “the traffic commissioner dealing with the referral”. |
| rheoliad 14 (penderfyniad y comisiynydd traffig), | Yn y pennawd, yn lle “y comisiynydd traffig” rhodder “comisiynydd traffig” ac ym mharagraff (1), yn lle “i’r comisiynydd traffig”, rhodder “i gomisiynydd traffig”. |
| rheoliad 14 (penderfyniad y comisiynydd traffig), | Ym mharagraff (7), yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”. |
| rheoliad 14 (penderfyniad y comisiynydd traffig), | Ym mharagraff (8)— yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”; a yn lle “i’r comisiynydd traffig”, rhodder “i’r comisiynydd traffig sy’n ymdrin â’r atgyfeiriad”. |
| regulation 15 (extension of time), | In paragraph (1), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. |
| rheoliad 15 (estyniad amser), | Ym mharagraff (1), yn lle “fo’r comisiynydd traffig”, rhodder “fo comisiynydd traffig”. |
| regulation 16 (interpretation of Part 3), | In paragraph (e)(i), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| rheoliad 16 (dehongli Rhan 3), | Ym mharagraff (d)(i), yn lle “i’r comisiynydd traffig”, rhodder “i gomisiynydd traffig”. |
| regulation 18 (failure of lead authority to review requirements as to maximum fares). | In paragraph (3), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| rheoliad 18 (methiant awdurdod arweiniol i adolygu gofynion o ran prisiau teithio uchaf). | Ym mharagraff (3), yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”. |
Signed
Signed by authority of the Secretary of State for Transport
Stephen Hammond — Parliamentary Under Secretary of State — Department for Transport — 2nd July 2013
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
The Local Transport Act 2008 removed the link between traffic commissioners and traffic areas and created the office of senior traffic commissioner. This Order makes consequential and supplementary amendments to primary and subordinate legislation that are consistent with these changes.
A full impact assessment of the effect that the amendments will have on the costs of business and the voluntary sector is available from the Operator Licensing and Roadworthiness Division at the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR and from the Department’s website at http:www.dft.gov.uk/consultations/dft-2011-11. It is also published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk
Footnotes
[^f00001]: 2008 c.26.
[^f00002]: 2007 c.15. Traffic Commissioners are a listed tribunal for the purposes of paragraph 24 of Schedule 7 by virtue of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007 (S.I. 2007/2951) and the Administrative Justice and Tribunals Council (Listed Tribunals) (Scotland) Order 2007 (S.I. 2007/436). The “Scottish Committee”, “Welsh Committee” and “procedural rules” are each defined in paragraph 28(1) of Schedule 7.
[^f00003]: 1998 c.46. By virtue of subsection (4) of section 6 of the Local Transport Act 2008 the only provision that may be made by an order under that section in relation to Scotland is provision relating to reserved matters within the meaning of the Scotland Act 1998 (“the 1998 Act”). For “reserved matters” (in so far as relating to road transport) see Section E1 in Head E (transport) of Schedule 5 to the 1998 Act.
[^f00004]: 1981 c.14. Section 55 was amended by the Transport Act 1985 (c.67), section 3 and Schedule 2, Part 2, paragraph 4(15) and by S.I. 1984/31.
[^f00005]: 1968 c.73.
[^f00006]: Section 96(10) was amended by the Transport Act 1985 (c.67), section 3 and Schedule 2, Part 2. There are other amendments to section 96 which are not relevant to this Order.
[^f00007]: Section 98(3) was amended by the Transport Act 1985, section 3 and Schedule 2, Part 2. There are other amendments to section 98 which are not relevant to this Order.
[^f00008]: Section 99(8) was amended by the Transport Act 1985, section 3 and Schedule 2, Part 2; the Road Traffic Act 1991 (c.40), section 48 and Schedule 4, paragraph 2 and S.I. 2005/1904, regulation 5(1) and (5)(a) and (b). There are other amendments to section 99 which are not relevant to this Order.
[^f00009]: Section 103(5) was amended by the Transport Act 1985, section 3 and Schedule 2, Part 2 and S.I. 1986/1458, regulation 3. There are other amendments to section 103 which are not relevant to this Order.
[^f00010]: 1981 c.14.
[^f00011]: Section 3 was amended by the Local Transport Act 2008 (c.26), section 1 and the Transport Act 1985 (c.67), section 3(5) and Schedule 2, Part 2, paragraph 4(1) and (2).
[^f00012]: Section 5 was substituted by the Transport Act 1985, section 3(2) and amended by S.I. 2003/1615, article 2 and Schedule 1, Part 1, paragraph 8. There are other amendments to section 5 which are not relevant to this Order.
[^f00013]: Section 12(3) was amended by the Transport Act 1985 (c.67), section 3 and Schedule 2, Part 2. There are other amendments to section 12 which are not relevant to this Order. Subsection (3) is also modified in its application to persons in partnership by the Operation of Public Service Vehicles (Partnership) Regulations 1986, S.I. 1986/1628, regulation 5(1) and the Schedule, Part 1 (see the relevant entry in Schedule 2 to this Order). The Public Passenger Vehicles Act 1981 (c.14) has effect, in relation to a vehicle being used for the purposes of UK cabotage transport operations, as if section 12 was omitted, by virtue of the Public Service Vehicles (Community Licences) Regulations 2011, S.I. 2011/2634, regulation 18.
[^f00014]: Section 14A was inserted by the Transport Act 1985, section 25. Subsection (2A) was inserted by the Deregulation and Contracting Out Act 1994 (c.40), section 60. There are other amendments which are not relevant to this Order.
[^f00015]: Section 15 was amended by the Deregulation and Contracting Out Act 1994, section 61.
[^f00016]: Section 16 was amended by the Transport Act 1985, sections 3, 24(1) and 139(2) and (3) and Schedule 2, Part 2, paragraph 4(7)(a), (b), (c), (d), (e) and (f), Schedule 7, paragraph 21(4) and Schedule 8. Subsection (6) was also amended by the Deregulation and Contracting Out Act 1994, sections 59(4), 68 and 81 and Schedule 14, paragraph 4 and Schedule 17. Subsections (6A) and (6B) were inserted by section 59(5) of that Act. There are other amendments which are not relevant to this Order.
[^f00017]: Section 16A was inserted by S.I. 1999/2431, regulation 5 and was amended by S.I. 2011/2632, regulation 7(1) and Schedule 1, paragraph 5.
[^f00018]: Section 17 was amended by the Transport Act 1985 (c.67), sections 3 and 139(2) and Schedule 2, part 2, paragraph 4(8)(a), (b), (c) and (d) and Schedule 7, paragraph 21(5) and (6), by the Deregulation and Contracting Out Act 1994 (c.40), sections 59(6), 62(2) and (3), 68 and 81, Schedule 14, paragraph 5(1) and (2) and Schedule 17 and by S.I. 2011/1632, regulation 7(1) and Schedule 1, paragraph 6. Subsection (1) is also modified in its application to persons in partnership by S.I. 1986/1628, regulation 5(1) and the Schedule, Part 1 (see the relevant entry in Schedule 2 to this Order).
[^f00019]: Section 18(2B) and (2C) were inserted by the Deregulation and Contracting Out Act 1994 (c.40), section 63(2). There are other amendments to section 18 which are not relevant to this Order. The Public Passenger Vehicles Act 1981 has effect, in relation to a vehicle being used for the purposes of UK cabotage transport operations, as if section 18 was omitted, by virtue of the Public Service Vehicles (Community Licences) Regulations 2011, S.I. 2011/2634, regulation 18. There is another modification to section 18 which is not relevant to this Order.
[^f00020]: Section 19 was amended by the Transport Act 1985 (c.67), section 3 and Schedule 2, Part 2, paragraph 4(10); the Insolvency Act 1985 (c.65), section 235 and Schedule 8, paragraph 34; and S.I. 2003/2096, article 4 and the Schedule, Part 1, paragraph 4. There are other amendments which are not relevant to this Order. Subsections (1) to (3) are also modified in their application to persons in partnership by S.I. 1986/1628, regulation 5(1) and the Schedule, Part 1 (see the relevant entry in Schedule 2 to this Order).
[^f00021]: Section 20(3) was amended by the Transport Act 1985, section 3 and Schedule 2, Part 2. There are other amendments to section 20 which are not relevant to this Order.
[^f00022]: Section 21 was amended by the Transport Act 1985 (c.67), section 3 and Schedule 2, Part 2.
[^f00023]: Section 49A was inserted by the Deregulation and Contracting Out Act 1994 (c.40), section 65(1).
[^f00024]: Section 50 was amended by the Transport Act 1985 (c.67), section 31; and the Deregulation and Contracting Out Act 1994 (c.40), sections 65(2), 68 and 81 and Schedule 14, paragraph 7(1) and (2) and Schedule 17. It was also amended by S.I. 2009/1885, article 4(1) and Schedule 1, paragraphs 1 and 2(a) and (b).
[^f00025]: Section 52 was amended by the Transport Act 1985, sections 1, 3 and 139(3) and Schedule 1, paragraph 7, Schedule 2, Part 2, paragraph 4(14) and Schedule 8; the Road Traffic (Driver Licensing and Information. Systems) Act 1989 (c.22), section 16 and Schedule 6; the Deregulation and Contracting Out Act 1994, section 66; and by S.I. 1984/31.
[^f00026]: 1982 c.49.
[^f00027]: Section 54 was substituted by the Transport Act 1985, section 4. There are amendments which are not relevant to this Order.
[^f00028]: Section 55 was amended by the Transport Act 1985 (c.67), section 3 and Schedule 2, Part 2, paragraph 4(15); and by S.I. 1984/31.
[^f00029]: Section 56 was amended by the Transport Act 1985, sections 3 and 139(2) and (3) and Schedule 2, Part 2, paragraph 4(16), Schedule 7, paragraph 21(8) and Schedule 8; and by S.I. 1984/31.
[^f00030]: Section 56A was inserted by the Deregulation and Contracting Out Act 1994 (c.40), section 65(3).
[^f00031]: Section 57 was amended by the Transport Act 1985, sections 1, 3 and 139(3), and Schedule 1, paragraph 9, Schedule 2, Part 2, paragraph 4(17) and Schedule 8; by the Mental Capacity Act 2005 (c.9), section 67(1) and Schedule 6, paragraph 26 and by S.I. 2011/2632, regulation 7(1) and Schedule 1, paragraph 9.
[^f00032]: The definition of “traffic commissioner” was inserted by the Transport Act 1985, section 3(5) and Schedule 2, Part 2, paragraph 4(1) and (20). There are other amendments to section 82 which are not relevant to this Order.
[^f00033]: Schedule 2A was inserted by the Local Transport Act 2008 (c.26), section 47(2) and Schedule 3 and amended by S.I. 2009/1885, article 4(1) and Schedule 1.
[^f00034]: Paragraphs 7A, 7B and 7C were inserted by S.I. 2011/2632, regulation 7(1) and Schedule 1, paragraph 11. There are other amendments to Schedule 3 which are not relevant to this Order.
[^f00035]: 1982 c.49.
[^f00036]: There are amendments to Schedule 5 but none are relevant to paragraph 22.
[^f00037]: 1981 c.14.
[^f00038]: 1985 c.67.
[^f00039]: Section 12 was amended by the Local Transport Act 2008 (c.26), section 53. Subsection (12) is also modified by the Operation of Public Service Vehicles (Partnership) Regulations 1986 (S.I. 1986/1628), regulation 5(1) and the Schedule, Part 2 (see the relevant entry in Schedule 2 to this Order). There are other amendments to section 12 which are not relevant to this Order.
[^f00040]: Section 19 was amended by the Local Transport Act 2008, section 57.
[^f00041]: Section 20 was amended by the Local Transport Act 2008, section 58.
[^f00042]: To which there are amendments which are not relevant to this Order.
[^f00043]: To which there are amendments which are not relevant to this Order.
[^f00044]: Section 26 was amended, in relation to England and Wales, by the Local Transport Act 2008 (c.26), sections 44(2) and 62. Subsection (1) was also amended, in relation to England and Wales, by the Transport Act 2000 (c.38), section 161 and Schedule 11, paragraphs 9 and 10; and further amended by S.I. 2001/2748, article 3.
[^f00045]: Section 28 was amended by the Deregulation and Contracting Out Act 1994 (c.40), section 67.
[^f00046]: To which there are amendments which are not relevant to this Order.
[^f00047]: Paragraph 17 was inserted by S.I. 2009/1885, article 4(1) and Schedule 1, paragraphs 5 and 9(d).
[^f00048]: 1988 c.52.
[^f00049]: Section 73 was amended by the Road Traffic Act 1991 (c.40), section 48 and Schedule 4, paragraph 56(2); and the Goods Vehicles (Licensing of Operators) Act 1995 (c.23), section 60(1) and Schedule 7, paragraph 12. There are other amendments which are not relevant to this Order.
[^f00050]: Section 111 was inserted by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22), sections 1, 2 and 16 and Schedules 2 and 6; and subsection (1) was amended by S.I. 1996/1974, regulation 2 and Schedule 1, paragraph 21.
[^f00051]: Section 113 was inserted by the Road Traffic (Driver Licensing and Information Systems) Act 1989, sections 1, 2 and 16 and Schedules 2 and 6.
[^f00052]: Section 116 was inserted by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22), sections 1, 2 and 16 and Schedules 2 and 6; and amended by S.I. 1996/1974, regulation 2 and Schedule 1, paragraph 25(2), (3), (4) and (5).
[^f00053]: Section 118 was inserted by the Road Traffic (Driver Licensing and Information Systems) Act 1989, section 2(1) and Schedule 2. Subsection (2) is prospectively amended by the Road Safety Act 2006 (c.49), section 10(12) and Schedule 3, paragraphs 2 and 20(1), (3) and (5). There are other amendments to section 118 which are not relevant to this Order.
[^f00054]: 2006 c.49.
[^f00055]: Section 119 was inserted by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22), section 2(1) and Schedule 2. It was amended by the Courts Act 2003 (c.39), section 109(1) and (3), Schedule 8, paragraph 308 and Schedule 10; and by S.I. 1996/1974, regulation 2 and Schedule 1, paragraph 27.
[^f00056]: Section 122 was inserted by the Road Traffic (Driver Licensing and Information Systems) Act 1989, section 2(1) and Schedule 2. There are other amendments and prospective amendments to section 122 which are not relevant to this Order.
[^f00057]: Section 164(3)(b) was amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989, section 7 and Schedule 3, paragraph 18. There are other amendments which are not relevant to this Order.
[^f00058]: 1992 c.53.
[^f00059]: There are amendments to Part 1 which are not relevant to this order.
[^f00060]: 1994 c.40.
[^f00061]: Section 74 was amended by S.I. 2009/1941, article 2(1) and Schedule 1, paragraph 148(1) and (2).
[^f00062]: 1995 c.23. Sections 5, 7 to 34, 40, 44 and 49 are modified in relation to foreign goods vehicles by the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996, S.I. 1996/2186, Schedule 6.
[^f00063]: Section 1(2) was amended by the Local Transport Act 2008, section 3(2)(b).
[^f00064]: Section 5(6) was amended by the Local Transport Act 2008 (c.26), section 125(1)(a) and is prospectively amended by the Transport Act 2000 (c.38), section 263, which has itself been amended by the Local Transport Act 2008, section 125(2) to (4). There is another amendment and a modification to section 5 which are not relevant to this Order.
[^f00065]: 2000 c.38.
[^f00066]: Section 8(1) is modified by way of substitution in relation to foreign goods vehicles by the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996, S.I. 1996/2186, Schedule 6, Part 1, paragraph (c).
[^f00067]: Section 9 was amended by the Road Safety Act 2006 (c.49), section 6.
[^f00068]: Section 10(1) is modified by the Goods Vehicles (Licensing of Operators) Regulations 1995, S.I. 1995/2869, regulation 30(3) and (5) and Schedule 2, paragraph 2(h). (See the entry in Schedule 2 to this Order).
[^f00069]: To which there is a further modification which is not relevant to this Order.
[^f00070]: To which there are amendments which are not relevant to this Order.
[^f00071]: Section 13 was substituted and sections 13A, 13B, 13C and 13D inserted by S.I. 2011/2632, regulation 8(1) and Schedule 2, paragraph 5.
[^f00072]: To which there is an amendment which is not relevant to this Order.
[^f00073]: To which there is an amendment which is not relevant to this Order.
[^f00074]: Section 17(1) is modified by way of substitution in relation to foreign goods vehicles by S.I. 1996/2186, Schedule 6, Part 1, paragraph (k). (See the entry in Schedule 2 to this Order). Subsection (3) is also modified in relation to holding companies by the Goods Vehicles (Licensing of Operators) Regulations 1995, S.I. 1995/2869, regulation 30(3) and Schedule 2, paragraph 2(j). (See also the entry in Schedule 2 to this Order). There is another modification and an amendment to section 17 which are not relevant to this Order.
[^f00075]: To which there is a further modification which is not relevant to this Order.
[^f00076]: To which there is an amendment which is not relevant to this Order.
[^f00077]: Section 22(1) is modified by way of substitution in relation to foreign goods vehicles by the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996, S.I. 1996/2186, Schedule 6, Part 1, paragraph (m). (See the entry in Schedule 2 to this Order). Subsection (2) was amended by S.I. 2011/2632, regulation 8(1) and Schedule 2, paragraph 8. There is another modification and amendments to section 22 which are not relevant to this Order.
[^f00078]: See section 16E of the London Olympic Games and Paralympic Games Act 2006 (c.12).
[^f00079]: Section 24 was amended by S.I. 2009/1885, article 4(1) and Schedule 1, paragraphs 18 and 19. Subsection (7A) was inserted and subsection (8) amended by S.I. 2011/2632, regulation 8(1) and Schedule 2, paragraph 9.
[^f00080]: Section 26(1) was amended by the Road Safety Act 2006 (c.49), section 6(1), (4) and (5). It is also modified by way of substitution in relation to foreign goods vehicles by S.I. 1996/2186, Schedule 6, Part 1, paragraph (o). (See the entry in Schedule 2 to this Order). There are other modifications to section 26 which are not relevant to this Order.
[^f00081]: Section 27(1) and (4) were amended, and subsections (3A) and (3B) inserted, by S.I. 2011/2632, regulation 8(1) and Schedule 2, paragraph 10.
[^f00082]: Section 28(1) is modified by way of substitution in relation to foreign goods vehicles by the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996, S.I. 1996/2186, Schedule 6, paragraph (q). There is also an amendment and several modifications which are not relevant to this Order.
[^f00083]: Section 29 was amended by S.I. 2009/1885, article 4(1) and Schedule 1, paragraphs 18 and 20.
[^f00084]: To which there is a further modification which is not relevant to this Order.
[^f00085]: To which there is a further modification which is not relevant to this Order.
[^f00086]: To which there is a further modification which is not relevant to this Order.
[^f00087]: Section 35(2) was amended by S.I. 2011/2632, regulation 8(1) and Schedule 2, paragraph 11.There is another amendment which is not relevant to this Order.
[^f00088]: Section 37 was amended by S.I. 2009/1885, article 4(1) and Schedule 1, paragraphs 18 and 22.
[^f00089]: Section 42 is prospectively amended by the Goods Vehicles (Licensing of Operators) Act 1995 (c.23), section 50 and Schedule 5, paragraph 5(1).
[^f00090]: Section 43(2) was amended by S.I. 2011/2632, regulation 8(1) and Schedule 2, paragraph 14.
[^f00091]: Section 44(1) was amended by S.I. 2011/2632, regulation 8(1) and Schedule 2, paragraph 15.
[^f00092]: Section 48 was amended by the Mental Capacity Act 2005 (c.9), section 67(1) and Schedule 6, paragraph 40(1) and (3). There is also a further modification which is not relevant to this Order.
[^f00093]: Section 49(5) was amended by S.I. 2011/2632, regulation 8(1) and Schedule 2, paragraph 17.There are other amendments which are not relevant to this Order.
[^f00094]: To which there are amendments which are not relevant to this Order.
[^f00095]: Schedule 1A was inserted by the Transport Act 2000 (c.38), section 262 and Schedule 30. There are amendments which are not relevant to this Order.
[^f00096]: Schedule 2 was amended by the Road Safety Act 2006 (c.49), section 6(1), (6) and (7); and, in relation to England and Wales, by S.I. 2007/3538, regulation 73 and Schedule 21, Part 1, paragraph 24. There is another amendment which is not relevant to this Order.
[^f00097]: Paragraph 15 was amended, and paragraph 17 inserted, by S.I. 2011/2632, regulation 8(1) and Schedule 2, paragraph 20. There are other amendments and modifications to Schedule 3 which are not relevant to this Order.
[^f00098]: Schedule 4 was amended by S.I. 2011/2632, regulation 8(1) and Schedule 2, paragraph 21.
[^f00099]: To which there is an amendment which is not relevant to this Order.
[^f00100]: 2000 c.36.
[^f00101]: There are amendments to Part 6 which are not relevant to this Order.
[^f00102]: 2000 c.38. The subsection (6) that is set out in section 263 and is to be substituted for section 5(6) of the Goods Vehicles (Licensing of Operator’s) Act 1995 (c.23) was amended by the Local Transport Act 2008 (c.26), section 125(2) and (3).
[^f00103]: 1995 c.23.
[^f00104]: 2006 c.49.
[^f00105]: 1988 c.52.
[^f00106]: S.I. 1981/257.
[^f00107]: To which there are amendments which are not relevant to this Order.
[^f00108]: S.I. 1984/1406.
[^f00109]: S.I. 1986/1628. In the Schedule, the entries relating to sections 14(1) and 17(1) of the Public Passenger Vehicles Act 1981 (c.14) were amended by S.I. 1990/1850, regulation 2. There are other amendments to the Schedule which are not relevant to this Order.
[^f00111]: To which there is an amendment which is not relevant to this Order.
[^f00112]: S.I. 1987/1229.
[^f00113]: S.I. 1991/288.
[^f00114]: S.I. 1993/1188.
[^f00115]: S.I. 1995/2869. Regulations 4, 7 to 9, 11, 13 to 15, 18, 19, 21 to 23, 28, 29 and 31 are modified in relation to foreign goods vehicles by the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996, S.I. 1996/2186, Schedule 6. There are other modifications which are not relevant to this Order.
[^f00116]: To which there are amendments which are not relevant to this Order.
[^f00117]: To which there is an amendment which is not relevant to this Order.
[^f00118]: To which there are amendments which are not relevant to this Order.
[^f00119]: To which there is an amendment which is not relevant to this Order.
[^f00120]: 1995 c.23.
[^f00121]: S.I. 1995/2908.
[^f00122]: S.I. 1995/3000.
[^f00123]: Paragraph (8) was amended by S.I. 2009/804, regulation 4(1) and (3)(c). There are other amendments to regulation 3 which are not relevant to this Order.
[^f00124]: S.I. 1996/2186.
[^f00125]: 1995 c.23.
[^f00126]: S.I. 1999/1204.
[^f00127]: S.I. 1999/1319.
[^f00128]: There are amendments to the Schedule which are not relevant to this Order.
[^f00129]: S.I. 1999/2864.
[^f00130]: There are amendments to regulation 3 which are not relevant to this Order.
[^f00131]: 1981 c.14.
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