2023 No. 176
The South Yorkshire Passenger Transport Executive (Transfer of Functions) Order 2023
Made
Coming into force
The Secretary of State, in exercise of the powers conferred by section 85 of the Transport Act 19851, makes the following Order.
In accordance with section 85(8) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
Citation and commencement1
This Order may be cited as the South Yorkshire Passenger Transport Executive (Transfer of Functions) Order 2023 and comes into force on 1st April 2023.
Extent and application2
1
This Order extends to England and Wales.
2
This Order applies to England only.
Interpretation3
In this Order—
“combined area” has the meaning given by article 2 of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 20142;
“Combined Authority” means the South Yorkshire Mayoral Combined Authority3 established under article 3 of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014;
“commencement date” means the date on which this Order comes into force;
“Executive” means the South Yorkshire Passenger Transport Executive established by the South Yorkshire Passenger Transport Area (Establishment of Executive) Order 19734.
Dissolution and transfer of functions4
The Executive is dissolved and all the functions, property, rights and liabilities of the Executive are transferred to the Combined Authority.
Adaptation of enactments5
1
Subject to paragraphs (2) and (3), any reference in any enactment (whenever passed or made) to a passenger transport executive is to be treated, in its application to the combined area, as if it were to the Combined Authority.
2
Paragraph (1) does not apply to the following provisions—
a
paragraph 28 of Schedule 1 to the Freedom of Information Act 20005;
b
Schedule 2 to the Local Government Act 19886;
c
section 33 of the Railways Act 20057;
d
sections 95, 96, 97, 104(2) and (3) and 137(5) of the Transport Act 19858; and
e
section 162(4) of the Transport Act 20009.
3
The Transport Act 196810 is to be treated, in its application to the combined area, as if—
a
in section 9 (areas, authorities and executives)11—
i
subsections (2) to (4) were omitted; and
ii
in subsection (5), the words “each of the following bodies namely,” and “the Executive and any subsidiary of the Executive,” were omitted;
b
in section 9A (general functions of Authorities and Executives)12—
i
the duty under subsection (3) were a duty for the Combined Authority to secure the provision of such public passenger transport services as it considers appropriate for meeting any public transport requirements within its area which in the view of the Combined Authority would not be met apart from any action taken by it for that purpose;
ii
subsection (3A) were omitted;
iii
in subsection (5)—
aa
the words “for the Executive for that area” were omitted, and
bb
for the words “by the Executive for that area, and the Executive” there were substituted “and”
;
iv
subsection (6)(b) were omitted; and
v
in subsection (7) the words “both” and “and of the Executive” were omitted;
c
in section 10 (general powers of Executive)13—
i
in subsection (1)—
aa
in paragraph (xxiii), the words “subject, in the case of a disposal of land, to the approval of the Authority,” were omitted, and
bb
any other reference to the approval of the Authority were omitted; and
ii
in subsection (7), the words “the approval of the Authority or” were omitted;
d
in section 11 (financial duty of Executive), in subsection (3A)14, the words from “and the Authority” to “the application thereof;” were omitted;
e
sections 12 to 15A were omitted; and
f
in section 16 (publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities), in subsection (1)15—
i
the words “jointly by the Authority and the Executive,” were omitted;
ii
“and the Executive” (in the second place) were omitted;
iii
for “their respective” there were substituted “its”
; and
iv
the words from “including in particular” to the end of the subsection were omitted.
Continuity6
1
Nothing in articles 3 or 4 affects the validity of anything done by or in relation to the Executive before the commencement date.
2
There may be continued by or in relation to the Combined Authority anything (including legal proceedings) which—
a
relates to any of the functions, property, rights or liabilities transferred to the Combined Authority; and
b
is in the process of being done by or in relation to the Executive immediately before the commencement date.
3
Anything which—
a
was made or done by or in relation to the Executive for the purposes of or otherwise in connection with any of the functions, property, rights or liabilities transferred, and
b
is in effect immediately before the transfer takes effect,
has effect as if made or done by or in relation to the Combined Authority.
4
The Combined Authority shall be substituted for the Executive, in any instruments, contracts or legal proceedings which—
a
relate to any of the functions, property, rights or liabilities transferred, and
b
are made or commenced before the transfer takes effect.
5
A reference in this article to anything made or done by or in relation to the Executive includes a reference to anything which by virtue of any enactment is to be treated as having been made or done by or in relation to the Executive.
Signed by authority of the Secretary of State for Transport
(This note is not part of the Order)