The Local Transport Act 2008 (Commencement No. 3) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force those provisions in Part 1 of the Local Transport Act 2008 (“the Act”) which are not already in force.

Article 2 commences on 6th April 2013 section 4(2) and (3) of the Act. The effect is to amend paragraph 1 of Schedule 2 to the Public Passenger Vehicles Act 1981 (“PPVA 1981”) which enables the Secretary of State to remove a traffic commissioner from office for inability or misbehaviour. The amendment has effect in relation to traffic commissioners appointed both before and after the coming into force of the amendment.

Article 3 provides for the following sections in Part 1 of the Act to be commenced on the day after the day on which the Secretary of State first makes an order under section 6 of the Act (consequential amendments):

• Section 2 of the Act, which amends provisions in the PPVA 1981 about traffic commissioners. The effect is to abolish the requirement for a single traffic commissioner to be appointed for each traffic area (as prescribed in section 3 of that Act), and to enable the Secretary of State to appoint such number of commissioners for England and Wales as are considered appropriate. A single traffic commissioner continues to be appointed for the Scottish traffic area. Traffic commissioners in England and Wales are granted full jurisdiction in respect of all their statutory functions throughout England and Wales, and also in relation to reserved matters (within the meaning of the Scotland Act 1998) in the Scottish traffic area. The Scottish commissioner is granted full jurisdiction in respect of all statutory functions in the Scottish traffic area, and also in relation to reserved matters in England and Wales.

• Section 3(1) of the Act, in so far as it is not already in force. The effect is to insert new section 4B into the PPVA 1981. This enables the senior traffic commissioner (appointed under section 4A of the PPVA 1981, which was also inserted by section 3 of the Act and which is already in force) to require traffic commissioners and their deputies to carry out such of the functions of a traffic commissioner in such places as the senior traffic commissioner may determine. The effect is to enable the Senior Traffic Commissioner to deploy traffic commissioners and deputies in England and Wales so as to carry out their functions at any place within that jurisdiction, and also to carry out reserved functions in Scotland. The Senior Traffic Commissioner may also deploy the traffic commissioner for the Scottish traffic area, and deputies to the Scottish traffic commissioner, so as to carry out reserved functions in any place in England and Wales, as well as in Scotland.

• Section 4(4) to (9) of the Act. The effect is to insert provisions into the PPVA 1981 relating to the appointment of deputy traffic commissioners for England and Wales, and the appointment of acting traffic commissioners during a vacancy.

• Section 5 of the Act, which contains transitional provisions in respect of traffic commissioners and deputies appointed before the coming into force of section 2 or, as the case may be, section 4 of the Act.