Transport Act (Northern Ireland) 1967 (c. 37)

PART VIII N.I. MISCELLANEOUS AND GENERAL

75 Termination of Transport Tribunal. N.I.

(1) As from the appointed day the Transport Tribunal for Northern Ireland shall cease to exist.

(2) The functions which immediately before the day appointed for the purposes of subsection (1) were exercisable by the said Tribunal by virtue of section 48(1)( e) of the Transport Act (Northern Ireland) 1948 [1948 c.16] (which transferred to that Tribunal functions which were exercisable before the passing of the Road and Railway Transport Act (Northern Ireland) 1935 [1935 c.15] by the Railway and Canal Commission as respects matters within the powers of the Parliament of Northern Ireland and the functions exercisable by the tribunal established by section 7 of the Motor Vehicles and Road Traffic Act (Northern Ireland) 1929 [1929 c.21] shall as from that day be transferred to and exercisable by the Ministry.

Subs.(3)(4) rep. by SLR 1976

F1 75A Grants for transport facilities and services. N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 S. 75A repealed (22.4.2013) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 2; S.R. 2013/104, art. 2(o)

S. 76 rep. by 1984 NI 15

S.77 rep. by SLR 1976

78 Regulations. N.I.

Save as may otherwise be specifically provided, regulations made under this Act shall be subject to negative resolution.

S.79(1) amends s.2 of 1930 c.24 (NI); subs.(2) rep. by 1984 NI 15; subs.(3) rep. by 1981 NI 1

80 Saving for powers of Minister of Transport, etc. N.I.

(1) Nothing in this Act shall be construed as affecting any powers of the Minister of Transport or of the Crown Estate Commissioners, or as authorising any matter or thing to be done without the consent of the Minister of Transport or of the Crown Estate Commissioners in any case where that consent is required to be obtained by virtue of section 9 of the Northern Ireland (Miscellaneous Provisions) Act 1932 [1932 c.11] .

[F2 (1A) Nothing in Part VA—

(a) affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown; or

(b) authorises the taking, using or entering of, or interference with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners.]

(2) Save as aforesaid, this Act shall bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

F2 1984 NI 15

81 Interpretation. N.I.

[F3 (1)] In this Act—

• [F4 “the 2009 Regulation” means Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC;]

• [F5 “the 2009 Regulation (EU)” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC, as that Regulation has effect in EU law;]

• [F6 “Regulation (EC) No 1073/2009” means Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 [F7 , as that Regulation has effect in EU law];]

• “appointed day” means, in relation to any provision of this Act, such day as may be appointed under section 83(2) for the coming into operation of that provision;

• “the Authority” has the meaning assigned to it by section 68(1);

• [F8 “bus operator's licence” has the meaning assigned to it by section 4(1);]

• Definition rep. by 1984 NI 15

• [F9 “the Council” means the General Consumer Council for Northern Ireland]

• F10 ...

• “the Holding Company” has the meaning assigned to it by section 47(1);

• “the Lands Tribunal” means the Lands Tribunal for Northern Ireland;

• Definition rep. by 1984 NI 15

• “the Minister” has the meaning assigned to it by section 1(2);

• “the Ministry” has the meaning assigned to it by section 1(4);

• “motor vehicle” means a road vehicle moved, propelled or drawn by mechanical or electrical power;

• F10 ...

• “prescribed” means prescribed by regulations made under this Act;

• “railway services” and “railway undertaking” have the meanings assigned to them by section 55;

• “road”, …F11 , has the same meaning as in the Road Traffic [F12 (Northern Ireland) Order 1981 [1981 NI 1] ];

• “road authority”F13 has the meaning assigned to it by section 42 of the Roads Act (Northern Ireland) 1948 [1948 c.28] ;

• F14 ...

• “stage services” means bus services within the meaning of section 14(7) of the Finance Act (Northern Ireland) 1966 [1966 c.21] ;

• “statutory provision” has the meaning assigned to it by section 1( f) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] ;

• “subsidiary”, in relation to the Holding Company, has[F15 the meaning given by [F16 section 1159 of the Companies Act 2006]];

• [F17 “transport manager” means a person who effectively and continuously manages the transport activities of a road passenger transport operator.]

• F10 ...

[F3 (2) Any reference in this act to an inspector appointed under Part IV shall be construed in accordance with paragraph (4) of Article 74 of the Road Traffic (Northern Ireland) Order 1995 (appointment of vehicle examiners).]

F3 1995 NI 18

F4 Words in s. 81 inserted (18.8.2014) by The Road Passenger Transport (Qualifications of Operators) Regulations (Northern Ireland) 2014 (S.R. 2014/206), regs. 1(1), 9(13)(a)

F5 Words in s. 81(1) inserted (31.12.2020) by The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 2(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in s. 81(1) inserted (28.3.2019) by The Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019 (S.R. 2019/27), regs. 1, 13(4)

F7 Words in s. 81(1) added (31.12.2020) by The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 2(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in s. 81(1) inserted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 18(2)(a), 48(2); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))

F9 1984 NI 12

F10 s. 81(1): definitions of "goods", "operators' licences", road freight operators" and "vehicle licences" repealed (1.7.2012) by Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2), s. 60(2), Sch. 4; S.R. 2012/262, art. 2 (with arts. 4-6)

F11 1981 NI 1

F12 1981 NI 1

F13 SRO (NI) 1973/278, 504

F14 s. 81(1): definition of "road service licence" repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 18(2)(b), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))

F15 1990 NI 10

F16 S. 81(1): words in definition of "subsidiary" substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 17 (with art. 10)

F17 Words in s. 81 added (18.8.2014) by The Road Passenger Transport (Qualifications of Operators) Regulations (Northern Ireland) 2014 (S.R. 2014/206), regs. 1(1), 9(13)(b)

S. 82 rep. by 1984 NI 15

83 Short title and commencement. N.I.

(1) This Act may be cited as the Transport Act (Northern Ireland) 1967.

(2) Commencement