Transport Act 1985 (c. 67)

Part I E+W+S General Provisions Relating to Road Passenger Transport

Modifications etc. (not altering text)

C1 Pt. I (ss. 1-33) modified by S.I. 1984/748, regs. 5(2), 6(2) (as amended by S.I. 1987/1755, reg. 2(2)

C2 Pt. 1(ss. 1-33) modified (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), art. 36 (with art. 52)

C3 Pt. 1 (ss. 1-33) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 37(3)

Registration of local services E+W+S

6 Registration of local services. E+W

(1) In this section “service” means a local service which is neither a London local service [F1 nor a service which falls within subsection (1A) [F2 or (1D)] below] nor a service provided under an agreement [F3 entered into, where a railway service has been temporarily interrupted, with the Secretary of State, the Scottish Ministers or the National Assembly for Wales under section 40 of the Railways Act 2005 (substitution services provided for interrupted or discontinued railway services)].

[F4 (1A) A service falls within this subsection if conditions A and B are satisfied in relation to it.

(1B) Condition A is satisfied if the service is provided in pursuance of—

(a) the obligation placed on a [F5 local authority] by section 508B(1), section 508F(1), F6 ... or section 509AA(7)(b) or (9)(a) of the Education Act 1996 (provision of transport etc);

(b) the exercise of the power of a [F5 local authority] under section 508C(1) of that Act; F7 ...

(c) arrangements made by a [F5 local authority] in pursuance of a scheme made by them under Schedule 35C to that Act (school travel schemes).

[F8 (d) the obligation placed on a local authority by sections 3 or 4 of the Learner Travel (Wales) Measure 2008; or

(e) the exercise of the power of a local authority under section 6 of that Measure.]

(1C) Condition B is satisfied if the service is for the carriage of any of the following persons (and no other)—

(a) a person receiving education or training at premises to or from which transport is provided in pursuance of the obligation, the exercise of the power or the arrangements, as the case may be, mentioned in paragraph (a), (b) [F9 , (c), (d) or (e)] of subsection (1B);

(b) a person supervising or escorting any such person while he is using such transport;

(c) a person involved with the provision of education or training at any such premises.]

[F10 (1D) A service falls within this subsection if—

(a) it has one or more stopping places in England, and

(b) it is provided under an agreement entered into, where a railway service has been temporarily interrupted, with the person who usually provides the railway service.

(1E) Where a service is provided both inside and outside England, any part of the service which is provided outside England is to be treated as a separate service for the purposes of subsection (1D) if there is any stopping place for that part of the service outside England.]

(2) Subject to regulations under this section, no service shall be provided in any traffic area in which there is a stopping place for the service unless—

(a) the prescribed particulars of the service have been registered with [F11 a traffic commissioner] by the operator of the service;

(b) the period of notice in relation to the registration has expired; and

(c) the service is operated in accordance with the registered particulars.

[F12 (2A) Where—

(a) any registration restrictions imposed under section [F13 113D(1) or] 114(3A) of the Transport Act 2000 [F14 (advanced quality partnership schemes and quality] partnership schemes) are in force, and

(b) an application for registration is made in respect of a service in relation to which those restrictions have effect,

section 6A of this Act has effect in relation to the application.]

[F15 (2B) Where—

(a) a quality contracts scheme under section 124 of the Transport Act 2000 is in force [F16 in relation to an area in Wales],

(b) an operator proposes to provide a local service which is to have one or more stopping places within the area to which the scheme relates,

(c) the proposed service is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and

(d) the operator does not propose to provide the service under a quality contract by virtue of the scheme,

section 6B of this Act has effect with respect to registration of that service.]

[F17 (2C) Where—

(a) a requirement imposed under section 138A(5)(b) of the Transport Act 2000 (requirements specified in an enhanced partnership scheme) has effect, and

(b) an application to register a service, or to vary the registration of a service, is made in respect of a service to which that requirement would apply if the application were granted,

section 6D has effect with respect to the application.]

[F18 (2D) Where—

(a) an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation,

(b) a service is registered, or a registration of a service is varied, under this section, and

(c) a requirement imposed under section 138A(5)(b) of the Transport Act 2000 applies to the service or the service as varied,

the requirement is to be recorded with the particulars of the service required to be registered under this section.]

(3) In subsection (2) above “the period of notice”, in relation to any registration, means, subject to regulations under this section—

(a) the period prescribed for the purposes of this subsection; or

(b) if longer, the period beginning with the registration and ending with the date given to the traffic commissioner by the operator as the date on which the service will begin.

(4) An application for registration shall only be accepted from a person who either holds an unconditional PSV operator’s licence or a permit under section 22 of this Act or is using, or proposing to use, a school bus belonging to that person for farepaying passengers in accordance with section 46(1) of the 1981 Act.

(5) In subsection (4) above “unconditional”, in relation to a PSV operator’s licence, means a licence which does not have attached to it a condition imposed under section 26(1) of this Act prohibiting, or having the effect of prohibiting, the operator from using vehicles under the licence to provide the service to which the application in question relates.

(6) In this Act any reference to a service registered under this section is a reference to a service in respect of which the prescribed particulars are registered under this section.

(7) Any registration may be varied or cancelled on an application made by the operator of the service to which it relates.

[F19 (7A) Where—

(a) a quality contracts scheme under section 124 of the Transport Act 2000 is in force [F20 in relation to an area in Wales],

(b) the operator of a local service registered under this section proposes to vary the registration,

(c) the service, as proposed to be varied, is to have one or more stopping places within the area to which the scheme relates,

(d) the service, as proposed to be varied, is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and

(e) the operator does not propose to provide the service, as proposed to be varied, under a quality contract by virtue of the scheme,

section 6B of this Act has effect with respect to the variation of the registration.]

[F21 (7B) Where an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation, the registration of a service may also be cancelled under section 6E.]

(8) Subject to regulations under this section [F22 and, in the case of variation, to section 6B of this Act], the variation or cancellation of a registration shall become effective—

(a) on the expiry of the period beginning with the date on which [F23 a traffic commissioner] accepts the application and ending with the date determined in accordance with regulations under this section; or

(b) if later, on the day given to [F23 a traffic commissioner] by the operator as the effective date for the variation or (as the case may be) cancellation.

(9) Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular, make provision—

(a) for permitting the variation of a registered service, in such circumstances as may be prescribed, without variation of the registration;

(b) for excluding or modifying the application of subsection (3) or (8) above in such cases or classes of case as may be prescribed;

(c) that in such cases or classes of case as may be prescribed—

(i) subsection (2) above shall have effect as if for the reference in paragraph (b) to the period of notice there were substituted a reference to such period as [F24 a traffic commissioner] may determine;

(ii) subsection (8) above shall have effect as if for the reference in paragraph (a) to the date on which the period mentioned in that paragraph is to expire there were substituted a reference to such date as [F25 a traffic commissioner] may determine;

(d) as to the procedure for applying for registration or for the variation or cancellation of a registration;

(e) for an application for registration or for the variation or cancellation of a registration not to be accepted by [F26 a traffic commissioner] unless the applicant gives to [F26 a traffic commissioner] such information [F26 as a traffic commissioner may reasonably] require in connection with the application [F27 (or, if the applicant is subject to requirements imposed by regulations made by virtue of section 141A(1)(a) of the Transport Act 2000, complies with those requirements)];

F28 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) as to the documents (if any) to be issued by a traffic commissioner with respect to registrations;

(h) as to the cancellation of registrations relating to discontinued services;

[F29 (ha) as to the variation or cancellation of the record of a requirement imposed under section 138A(5)(b) of the Transport Act 2000;]

(i) for enabling a traffic commissioner to require the operator of a registered service, in such circumstances as may be prescribed, to keep records of such matters relating to the operation of the service, in such manner, as may be prescribed;

(j) for requiring the operator of a registered service who is required to keep records by regulations made by virtue of paragraph (i) above to make those records available to [F30 a traffic commissioner];

(k) for requiring the operator or prospective operator of a registered service to give, to such persons and at such times as may be prescribed, such information as may be prescribed with respect to the service, or proposed service, or any proposal to vary or cancel the registration of the service;

[F31 (ka) for imposing restrictions on the use that may be made of records made available as mentioned in paragraph (j) above or information given as mentioned in paragraph (k) above;]

(l) for excluding from the application of this section services which are—

(i) excursions or tours; or

(ii) excursions or tours falling within a prescribed class.

[F32 (10) Regulations made by virtue of paragraph (ka) of subsection (9) above—

(a) may create one or more criminal offences relating to the use of records or information in breach of the restrictions imposed by those regulations, but

(b) may not provide, in respect of any such offence, for a penalty greater than a fine not exceeding level 4 on the standard scale.]

[F33 (11) The power to make regulations under subsections (2), (3) and (9), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State).]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words in s. 6(1) inserted (E.W.) (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 85, 188, {Sch. 10 para. 2(2}; S.I. 2007/1801, art. 4(l)

F2 Words in s. 6(1) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 20(1), 26(3)

F3 Words in s. 6(1) substituted (24.7.2005 for specified purposes and otherwise 16.10.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 12 para. 8; S.I. 2005/1909, art. 2; S.I. 2005/2182, art. 2, Sch. 1

F4 S. 6(1A)-(1C) inserted (E.W.) (1.9.2007 for specified purposes and otherwise prosp.) by Education and Inspections Act 2006 (c. 40), ss. 85, 188, Sch. 10 para. 2(3); S.I. 2007/1801, art. 4(l)

F5 Words in s. 6(1B) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 34(2)

F6 Words in s. 6(1B)(a) repealed (E.W.) (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 2(2)(a), Sch. 2; S.I. 2009/371, art. 2(2), Sch. Pt. 2

F7 Word in s. 6(1B)(b) repealed (E.W.) (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 2(2)(b), Sch. 2; S.I. 2009/371, art. 2(2), Sch. Pt. 2

F8 S. 6(1B)(d)(e) inserted (E.W.) (6.3.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 2(2)(c); S.I. 2009/371, art. 2, Sch. Pts. 1, 2

F9 Words in s. 6(1C)(a) substituted (E.W.) (6.3.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 2(3); S.I. 2009/371, art. 2, Sch. Pts. 1, 2

F10 S. 6(1D)(1E) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 20(2), 26(3)

F11 Words in s. 6(2)(a) substituted (E.W.) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F12 S. 6(2A) inserted (E.W.) (26.11.2008 for specified purposes) by Local Transport Act 2008 (c. 26), ss. 48(2), 134(1)(c)(4)

F13 Words in s. 6(2A)(a) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 2(2)(a)

F14 Words in s. 6(2A)(a) substituted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 2(2)(b)

F15 S. 6(2B) inserted (E.W.) (11.1.2010) by Local Transport Act 2008 (c. 26), ss. 49(2), 134(4); S.I. 2009/3242, art. 2(2)

F16 Words in s. 6(2B)(a) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 2(a)

F17 S. 6(2C) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 11(2), 26(3)

F18 S. 6(2D) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 11(3), 26(3)

F19 S. 6(7A) inserted (E.W.) (11.1.2010) by Local Transport Act 2008 (c. 26), ss. 49(3), 134(4); S.I. 2009/3242, art. 2(2)

F20 Words in s. 6(7A)(a) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 2(b)

F21 S. 6(7B) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 12(2), 26(3)

F22 Words in s. 6(8) inserted (E.W.) (11.1.2010) by Local Transport Act 2008 (c. 26), ss. 49(4), 134(4); S.I. 2009/3242, art. 2(2)

F23 Words in s. 6(8)(a)(b) substituted (E.W.) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F24 Words in s. 6(9)(c)(i) substituted (E.W.) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F25 Words in s. 6(9)(c)(ii) substituted (E.W.) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F26 Words in s. 6(9)(e) substituted (E.W.) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F27 Words in s. 6(9)(e) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 18(4), 26(3)

F28 S. 6(9)(f) omitted (E.W.) (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. 3 (with art. 7)

F29 S. 6(9)(ha) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 11(4), 26(3)

F30 Words in s. 6(9)(j) substituted (E.W.) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F31 S. 6(9)(ka) inserted (E.W.) (26.11.2008 for specified purposes, 9.2.2009 in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 65(3), 134(1)(c)(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F32 S. 6(10) inserted (E.W.) (26.11.2008 for specified purposes, 9.2.2009 in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 65(4), 134(1)(c)(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F33 S. 6(11) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 27(2), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(f)

Modifications etc. (not altering text)

C4 S. 6 excluded by S.I. 1986/1671, reg. 10

C5 S. 6 excluded (21.7.1994) by 1994 c. xv, s. 73(3)

S. 6-9 applied (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 54 of Order

Ss. 6-9 restricted (E.W.) (26.10.2001 for E. and otherwise

prosp.) by 2000 c. 38, ss. 129(1)-(3), 275; S.I. 2001/3342, art. 2, Sch.

Ss. 6-9: power to modify conferred (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by 2000 c. 38, s. 134(2)(a); S.I. 2001/2788, art. 2, Sch. 1 para. 2; S.I. 2001/3342, art. 2, Sch.

S. 6 excluded (24.7.2001) by S.I. 2001/3627, art. 62(3)

C6 S. 6 excluded (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), art. 55(3) (with arts. 65, 66)

C7 S. 6 excluded (11.1.2006) by The Cambridgeshire Guided Busway Order 2005; S.I. 2005/3523, art. 37(3) (with art. 52)

C8 S. 6 excluded (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 38(3)

C9 S. 6 excluded (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 58(3) (with Sch. 13 para. 14(2)Sch. 14 para. 19, Sch. 16)

C10 S. 6 excluded (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), arts. 1, 47(3) (with arts. 57, 58, Sch. 11 para. 19)

C11 Ss. 6-9 excluded by 2000 c. 38, s. 123J(2) (as inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 4, 26(3)) (with transitional provisions (24.4.2018) in S.I. 2018/406, regs. 1(2), 4-8 (with reg. 1(3)))

C12 S. 6 excluded (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), arts. 1, 49(3) (with arts. 58, 59)

C13 S. 6(2)(b) modified (E.W.) (11.1.2010 for E.) by The Public Service Vehicles (Registration of Local Services) (Quality Contracts Schemes) (England and Wales) Regulations 2009 (S.I. 2009/3245), regs. 1(2), 7(1)(a)(2)

C14 S. 6(3) modified (E.W.) (11.1.2010 for E.) by The Public Service Vehicles (Registration of Local Services) (Quality Contracts Schemes) (England and Wales) Regulations 2009 (S.I. 2009/3245), regs. 1(2), 4, 8(1)(a)(2)

C15 S. 6(8) modified (E.W.) (6.4.2009) by The Public Service Vehicles (Registration Restrictions) (England and Wales) Regulations 2009 (S.I. 2009/443), regs. 1(1), 6(5)

C16 S. 6(8) modified (E.W.) (11.1.2010 for E.) by The Public Service Vehicles (Registration of Local Services) (Quality Contracts Schemes) (England and Wales) Regulations 2009 (S.I. 2009/3245), regs. 1(2), 8(1)(b)(2)

C17 S. 6(8)(a) modified (E.W.) (11.1.2010 for E.) by The Public Service Vehicles (Registration of Local Services) (Quality Contracts Schemes) (England and Wales) Regulations 2009 (S.I. 2009/3245), regs. 1(2), 7(1)(b)(2)

C18 S. 6(9): functions transferred (1.10.2007) by The Scotland Act 1998 (Cross-Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007 (S.I. 2007/2139), art. 2, Sch. (with art. 4)