The London Transport Users' Committee (Transitional Provisions) Order 2000

Continuity in the exercise of functions

5.—(1) Anything which at the transfer date is in the process of being done by or in relation to the LRPC in relation to a relevant matter may on and after that date be continued by or in relation to the LTUC as if—

(a) if had been begun by or in relation to the LTUC, and

(b) the relevant statutory provision had applied in respect of the LTUC.

(2) Anything done before the transfer date by or in relation to the LRPC in relation to a relevant matter shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the LTUC as if—

(a) it had been begun by or in relation to the LTUC, and

(b) the relevant statutory provision had applied in respect of the LTUC.

(3) Without prejudice to the generality of paragraph (2), that paragraph applies in particular to any—

(a) application, request, representation, proposal or objection;

(b) notice or report; or

(c) conclusion, recommendation, referral or direction.

(4) Any reference to the LRPC in any document constituting or relating to anything to which the foregoing provisions of this article apply shall, so far as required for giving effect to those provision, be construed as a reference to the LTUC.

(5) For the purposes of this article—

(a) a “relevant matter” is anything which was done in pursuance of or in connection with any function conferred on the LRPC by or by virtue of a relevant statutory provision; and

(b) the relevant statutory provisions are—

(i) section 56 (consultative committees) of the Transport Act 1962(1);

(ii) section 40 (the LRPC) of the 1984 Act;

(iii) sections 36 and 123 (bus services) of the Transport Act 1985(2);

(iv) section 41 (international rail services) of the Channel Tunnel Act 1987(3);

(v) section 41 of the Heathrow Express Railway Act 1991(4);

(vi) the following provisions of the Railways Act 1993(5);

• sections 43 and 44 (proposed closures),

• section 46 (variation of conditions),

• section 47 (bus substitution services),

• section 68(2) (investigations required by the Rail Regulator) and,

• section 77 (general duties of consultative committees);

(vii) the following provisions (which concern the service of documents) of the Transport and Works (Applications and Objections Procedure) Rules 1992(6)—

• paragraph 23 of Schedule 2,

• paragraph 23 of Schedule 5, and

• paragraph 10 of Schedule 6.

(6) Nothing in this article shall be taken to modify or exclude the application of section 415 (continuity) of the Act.

(1)

1962 c. 46; relevant amendment is by section 41 of the London Regional Transport Act 1984, section 78 of the Railways Act 1993 (c. 43) and paragraph 1 of Schedule 19 to the Greater London Authority Act 1999.

(2)

1985 c. 67; section 36 is to be repealed by Part II of Schedule 34 to, and section 123 is amended by paragraph 4 of Schedule 19 to, the Greater London Authority Act 1999.

(3)

1987 c. 53. See paragraph 4 of Schedule 13 to the Railways Act 1993 (c. 43).

(4)

1991 c. vii.

(5)

1993 c. 43. Section 47 is amended by paragraph 5 of Schedule 19 to the Greater London Authority Act 1999.

(6)

S.I. 1992/2902, to which there are amendments not relevant to this Order.