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Part IIU.K. [F1Integrated Transport Areas and Passenger Transport Areas]

Textual Amendments

Modifications etc. (not altering text)

C2Power to modify Pt. 2 conferred (S.) by Local Government (Scotland) Act 1973 (c. 65), s. 150(3)

C3Pt.2 amended (S.) (4.1.1996) by 1994 c. 39, s. 40(1) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

Designation of [F2Integrated Transport Areas or] Passenger Transport Areas and establishment and functions of Authorities and ExecutivesE+W

Textual Amendments

F2Words in s. 9 cross-heading inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 11(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

[F39A[F4General functions of Passenger Transport Authorities and Executives. ] [F4General functions of Authorities and Executives.]E+W

F5(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(3)It shall be the duty of the Executive for each [F7integrated transport area] [F8, combined authority area] or passenger transport area in England to secure the provision of such public passenger transport services as the Authority for the area consider it appropriate for the Executive to secure for meeting any public transport requirements within the area which in the Authority’s view would not be met apart from any action taken by the Executive for that purpose.

(3A)The Authority shall seek and have regard to the advice of the Executive for their area in determining which services it would be appropriate for the Executive to secure under subsection (3) of this section.]

(4)The Executive shall have power to enter into an agreement providing for service subsidies for the purpose of securing the provision of any service under subsection (3) of this section; but their power to do so—

(a)shall be exercisable only where the service in question would not be provided [F9, or would not be provided to a particular standard,] without subsidy; and

(b)is subject to sections 89 to 92 of the Transport Act 1985 (tendering for local services, etc.).

[F10(4A)The reference in subsection (4)(a) of this section to the standard to which a service is provided includes—

(a)the frequency or timing of the service;

(b)the days, or times of day, when the service is provided;

(c)the vehicles used to provide the service.]

(5)Where it appears to the Authority for any [F7integrated transport area] [F11, combined authority area] or passenger transport area that it would be appropriate for the Executive for that area to take any measures for the purpose of or in connection with promoting, so far as relates to that area—

(a)the availability of public passenger transport services other than subsidised services and the operation of such services, in conjunction with each other and with any available subsidised services, so as to meet any public transport requirements the Authority consider it appropriate to meet; or

(b)the convenience of the public (including persons who are elderly or disabled) in using all available public passenger transport services (whether subsidised or not);

the Authority may from time to time formulate general policies with respect to the description of such measures to be taken by the Executive for that area, and the Executive shall take such measures for the purpose or in the connection mentioned above as appear to them to be appropriate for carrying out those policies.

(6)It shall be the duty—

(a)of the Authority for any [F7integrated transport area] [F12, combined authority area] or passenger transport area, in formulating any such policies; and

(b)of the Executive for any [F7integrated transport area] [F13, combined authority area] or passenger transport area, in carrying out any such policies;

[F14to have regard to a combination of economy, efficiency and effectiveness.]

(7)It shall be the duty both of the Authority and of the Executive for any [F7integrated transport area] [F15, combined authority area] or passenger transport area, in exercising or performing any of their functions under the preceding provisions of this section, to have regard to the transport needs of members of the public who are elderly or disabled F16....

(8)No person who is for the time being—

(a)the operator of any public passenger transport services;

(b)a director of any company or (as the case may be) an employee of any company or other person who is such an operator;

(c)a director or employee of any company which is a member of a group of inter-connected bodies corporate any one or more of which is such an operator;

(d)in Scotland, a partner or (as the case may be) an employee of a partner of such an operator;

shall be appointed as a member, officer or servant of the Executive for any [F7integrated transport area] [F17, combined authority area] or passenger transport area; and any person so appointed who subsequently becomes such an operator, director, partner or employee shall immediately vacate his membership of the Executive, or (as the case may be) his office or employment with the Executive.

(9)References in subsection (5) above to subsidised services are references to services provided under an agreement providing for service subsidies entered into—

(a)by the Executive for the area in question or for any other area under subsection (4) of this section; or

(b)by any non-metropolitan county or district council in England and Wales or by any regional or islands council in Scotland under section 63 of the Transport Act 1985.

(10)For the purposes of subsection (8) above, any two bodies corporate are to be treated as inter-connected if one of them is a body corporate of which the other is a subsidiary or if both of them are subsidiaries of the same body corporate; and in that subsection “group of interconnected bodies corporate” means a group consisting of two or more bodies corporate all of which are interconnected with each other in the sense given above.

(11)In this section and section 9B of this Act “public passenger transport services” has the same meaning as in the Transport Act 1985; and—

(a)references in this section to agreements providing for service subsidies; and

(b)references in this section and that section to the operator of, or to persons operating, any public passenger transport services;

shall be read as if contained in that Act.

[F18(12)This section applies to [F19each of the authorities within subsection (13)] as if—

(a)the duty under subsection (3) were a duty for the 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 Authority would not be met apart from any action taken by it for that purpose;

(b)subsection (3A) were omitted;

(c)in subsection (5)—

(i)the words “for the Executive of that area” were omitted;

(ii)for the words “by the Executive for that area, and the Executive” there were substituted “and”;

(d)in subsections (6) and (7), the references to the Executive were omitted.]

[F20(13)The authorities referred to in subsection (12) are—

(a)the West Yorkshire Combined Authority;

(b)the West Midlands Combined Authority.]]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only

Textual Amendments

F3Ss. 9A, 9B inserted (with savings for s. 9A(8) by Transport Act 1985 (c. 67, SIF 126), s. 57(2)(5)

F5S. 9A(1)(2) repealed (1.2.2001 (E.) and omitted 1.8.2001 (W.) and repealed 14.8.2002 (W.)) by 2000 c. 38, ss. 161, 274, Sch. 11 para. 3(2), Sch. 31 Pt. II; S.I. 2001/57, art. 3, Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2002/2024, art. 2

F6S. 9A(3)(3A) substituted (1.2.2001 (E.) and 1.8.2001 (W.)) for s. 9A(3) by 2000 c. 38, ss. 161, 275(1), Sch. 11 para. 3(3); S.I. 2001/57, art. 3, Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II); S.I. 2001/2788, art. 2, Sch. 1 para. 11

F9Words in s. 9A(4)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 67(2), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F14Words in s. 9A(6) substituted (1.2.2001 for E and 1.8.2001 for W.) by 2000 c. 38, ss. 161, 275(1), Sch. 11 para. 3(4); S.I. 2001/57, art. 3, Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II); S.I. 2001/2788, art. 2, Sch. 1 para. 11

F16Words in s. 9A(7) repealed (E.W.) (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(8), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

Modifications etc. (not altering text)

C5S. 9A excluded (24.12.1993) by 1993 c. 43, ss. 144(1), 150(1)(j); S.I. 1993/3237, art. 2(1)

C6S. 9A(8) excluded (18.2.1993) by 1989 c. xix, s. 28(7) (as inserted by 1993 c. ii, s. 14)