Local Transport Act 2008

5 Transitional provision for existing traffic commissioners etc

(1) Any existing traffic commissioner for a traffic area in England and Wales—

(a) on the relevant commencement, becomes instead a traffic commissioner for England and Wales with all the powers and duties of such a commissioner,

(b) holds that office on the terms and conditions that applied to the commissioner immediately before the relevant commencement,

(c) is subject to paragraph 1 of Schedule 2 to the PPVA 1981 (grounds for dismissal), as amended by section 4, as from the coming into force of that amendment.

(2) Any appointment of a person as a deputy traffic commissioner for a traffic area in England and Wales before the relevant commencement—

(a) continues in force notwithstanding the substitution of subsections (1) and (2) of section 4 of the PPVA 1981 effected by section 2,

(b) has effect as from the relevant commencement as an appointment under paragraph 2A of Schedule 2 to that Act as a deputy traffic commissioner for England and Wales with all the powers and duties of such a commissioner,

(c) as from the relevant commencement is held on the terms and conditions that applied to the deputy traffic commissioner immediately before the relevant commencement.

(3) Any appointment of a person as an acting traffic commissioner for a traffic area in England and Wales before the relevant commencement—

(a) continues in force notwithstanding the substitution of subsections (1) and (2) of section 4 of the PPVA 1981 effected by section 2,

(b) has effect as from the relevant commencement as an appointment under paragraph 5A of Schedule 2 to that Act to act as a traffic commissioner for England and Wales with all the powers and duties of such a commissioner,

(c) as from the relevant commencement is held on the terms and conditions that applied to the acting traffic commissioner immediately before the relevant commencement.

(4) Any existing traffic commissioner for the Scottish Traffic Area—

(a) on the relevant commencement, becomes instead the Scottish traffic commissioner with all the powers and duties of that commissioner,

(b) holds that office on the terms and conditions that applied to the traffic commissioner immediately before the relevant commencement, and

(c) is subject to paragraph 1 of Schedule 2 to the PPVA 1981 (grounds for dismissal), as amended by section 4, as from the coming into force of that amendment.

(5) In this section—

• “acting traffic commissioner” means a person appointed under paragraph 6 of Schedule 2 to the PPVA 1981 to act as a traffic commissioner for a traffic area;

• “deputy traffic commissioner” means a person appointed under paragraph 3 or 4 of Schedule 2 to the PPVA 1981 to act as deputy to a traffic commissioner for a traffic area;

• “existing traffic commissioner” means a person—

  (a)

  who is a traffic commissioner for a traffic area immediately before the relevant commencement, and

  (b)

  who would, apart from the amendments made by this Act, have continued as such after the relevant commencement;

• “the relevant commencement” means—

  (a)

  in relation to an existing traffic commissioner, the coming into force of the substitution of subsections (1) and (2) of section 4 of the PPVA 1981 effected by section 2;

  (b)

  in relation to a deputy traffic commissioner for a traffic area in England and Wales, the coming into force of paragraph 2A of Schedule 2 to the PPVA 1981 (which is inserted by section 4);

  (c)

  in relation to an acting traffic commissioner for a traffic area in England and Wales, the coming into force of paragraph 5A of Schedule 2 to the PPVA 1981 (which is inserted by section 4).