Local Government Act 1985

Section 39.

SCHEDULE 12 Passenger Transport

1 In section 202(1) of the [1972 c. 70.] Local Government Act 1972 for the words " the county council" there shall be substituted the words " the metropolitan county passenger transport authority" .

2 (1) In their application to a passenger transport area which is coterminous with a metropolitan county the provisions of Part II of the [1968 c. 73.] Transport Act 1968 and Schedule 5 to that Act shall have effect without any of the modifications specified in Part II of Schedule 24 to the said Act of 1972 except those in paragraph 17(1) and (3) and—

(a) any reference in those provisions to the councils of constituent areas shall be construed as references to the constituent councils of the metropolitan county passenger transport authority;

(b) for section 13 there shall be substituted—

“13 Power to make grants.

The Authority shall have power to make grants to the Executive for any purpose.”;

(c) paragraph 1 of Part II of Schedule 5 shall be omitted.

(2) Only so much of section 9(1), (2) and (4) of the said Act of 1968 as relates to the Passenger Transport Executive shall apply to a passenger transport area which is coterminous with a metropolitan county; and in relation to any order under subsection (1) of that section varying or revoking so much of a previous order as relates to the Executive subsection (2) shall have effect as if the councils to be consulted were the constituent councils and as if in subsection (4) the reference to Part I of Schedule 5 were omitted.

3 (1) After section 56(6)(b) of the said Act of 1968 (assistance for capital expenditure on public transport facilities) there shall be inserted—

“(bb) a metropolitan county passenger transport authority ; "”

(2) A metropolitan county passenger transport authority shall have the same powers as a local authority under section 138 of that Act (travel concessions).

4 In section 16(1) of the [1970 c. 24.] Finance Act 1970 (computation of profits of Passenger Transport Executive) after the words " as set out in Part II of Schedule 24 to the Local Government Act 1972 " there shall be inserted the words " or Schedule 12 to the Local Government Act 1985 " .

5 (1) The [1983 c. 10.] Transport Act 1983 shall be amended as follows.

(2) In section 1 for the definition of "Authority" there shall be substituted " ' Authority' means, in relation to any such Passenger Transport Executive, the metropolitan county passenger transport authority." .

(3) Sections 3(5), 4(3)(b), (4), (5) and (6) and 5(2) shall be omitted.

(4) In subsection (1) of section 6 for the words from " shall supply " onwards there shall be substituted the words " shall before preparing any plan under section 3 above consult the Authority" , subsections (3) and (4) of that section shall be omitted and in subsection (5) of that section after the words " shall inform the Executive " there shall be inserted the words " and the Secretary of State" .

(5) This paragraph has effect from the abolition date except that it also applies (and shall be deemed always to have applied) in relation to any plan prepared before that date under section 3 of the said Act of 1983 for a period beginning on that date and to any determination to be made under section 4(1) of that Act in the light of any such plan.