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This version of this schedule contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Transport Act 1982, SCHEDULE 5 is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Section 74.
1—4.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
Prospective
5(1)[F2The powers of the [F3 Scottish Transport Group] under section 48(2) of the M1Transport Act 1968 shall include power to make premises held by them available for the exercise by authorised inspectors within the meaning of Part II of this Act of their functions; and, accordingly, that power shall be treated for the purposes of section 52 of the Transport Act 1968 as conferred by section 48(2).]E+W+S
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E1This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F2Sch. 5 para. 5(1) repealed (S.) (7.6.2002) by The Scottish Transport Group (Dissolution) Order 2002 (S.S.I. 2002/263), art. 5(2), Sch.
F3Words in Sch. 5 para. 5 substituted (E.W.S.) (1.4.1991) by S.I. 1991/510, art. 5(3)
F4Sch. 5 para. 5(2) repealed (E.W.S.) (1.4.1991) by S.I. 1991/510, art. 5(4), Sch
Marginal Citations
5(1)The powers of the National Bus Company under section 48(2) of the M2Transport Act 1968 shall include power to make premises held by them available for the exercise by authorised inspectors within the meaning of Part II of this Act of their functions; and, accordingly, that power shall be treated for the purposes of section 52 of the Transport Act 1968 as conferred by section 48(2).N.I.
(2)Paragraph (1) above shall apply in relation to the Scottish Transport Group as it applies in relation to the National Bus Company.
Extent Information
E2Sch. 5 para. 5: amendments in Sch. 5 para. 5 extend to Northern Ireland, see s. 76(6)(7). This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland only
Marginal Citations
F56E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 5 para. 6 repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2.
7—16.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
Prospective
17(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W+S
(2)In section 7 of that Act (interpretation)—
(a)in subsection (1), at the end of the definition of “official testing station” there shall be added the words “or premises designated by him under section 10(12) of the Transport Act 1982”; and
(b)at the end of that subsection there shall be added the following subsection—
“(1A)References in any provision of this Act to an authorised inspector are references to a person authorised by the Secretary of State under section 8 of the Transport Act 1982 to exercise the function to which that provision relates.”.
Textual Amendments
F7Sch. 5 paras. 7–16, 17(1) repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3
Modifications etc. (not altering text)
C1The text of ss. 10(2)–(9), 11, 18, 19(1)(3), 20, 21(3)–(5), 22, 23(3)(4), 24, 65, 67, 68, Sch. 4, Sch. 5 paras. 17(2), 20, 21–23 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
18, 19.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
Textual Amendments
Prospective
20U.K.In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 the following entry shall be inserted in the appropriate place—
“Director of any company eligible for loans under section 13 of the Transport Act 1982 (loans to Government-controlled company interested in former Government testing stations).”.
Modifications etc. (not altering text)
C2The text of ss. 10(2)–(9), 11, 18, 19(1)(3), 20, 21(3)–(5), 22, 23(3)(4), 24, 65, 67, 68, Sch. 4, Sch. 5 paras. 17(2), 20, 21–23 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Prospective
F921E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Sch. 5 para. 21 repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8; S.I. 1992/1286, art. 2,Sch.
22E+W+SIn section 52(1)(a) of that Act (fees for grant of licence), for sub-paragraph (ii) there shall be substituted the following sub-paragraph—
“(ii)applications for certificates of initial fitness under section 6 of this Act which are required by regulations to be made to [F10a traffic commissioner] and the issue of certificates on such applications;”.
Textual Amendments
F10Words in Sch. 5 para. 22 substituted (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
Modifications etc. (not altering text)
C3The text of ss. 10(2)–(9), 11, 18, 19(1)(3), 20, 21(3)–(5), 22, 23(3)(4), 24, 65, 67, 68, Sch. 4, Sch. 5 paras. 17(2), 20, 21–23 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
23E+W+SIn section 82 of that Act (general interpretation provisions)—
(a)in subsection (1), after the definition of “prescribed” there shall be inserted the following definition—
““prescribed testing authority” means such person authorised by the Secretary of State under section 8 of the Transport Act 1982 to carry on a vehicle testing business within the meaning of Part II of that Act as may be prescribed” and
(b)the following subsection shall be inserted after subsection (1)—
“(1A)References in any provision of this Act to an authorised inspector are references to an authorised inspector under section 8 of the Transport Act 1982 and, where the function to which that provision relates is one of those specified in section 9 of that Act (testing and surveillance functions), are limited to an authorised inspector authorised under section 8 to exercise that function.”.
Modifications etc. (not altering text)
C4The text of ss. 10(2)–(9), 11, 18, 19(1)(3), 20, 21(3)–(5), 22, 23(3)(4), 24, 65, 67, 68, Sch. 4, Sch. 5 paras. 17(2), 20, 21–23 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
24E+W+SThe power conferred by section 87 of that Act to repeal section 10 of that Act and certain connected provisions by order includes power to make such other amendments in that Act and such amendments in this Act as are required in consequence of the repeal.
25E+W+S . . . F11
Textual Amendments
26E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
Textual Amendments
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