The Greater Manchester Passenger Transport Area (Adaptation of Enactments and Instruments) Order 1973

SCHEDULE AMENDMENTS TO EXISTING ORDERS UNDER PART II OF THE TRANSPORT ACT 1968

Part I The Designation Order

Article 2(1). The definition of “the constituent councils” shall be deleted.

For the definitions of “the Act of 1933”, “the Authority” and “the designated area” the following definitions shall be substituted:—

“the Act of 1972” means the Local Government Act 1972;

“the Authority” means the County Council of Greater Manchester;

“the designated area” means the County of Greater Manchester.

Articles 3 to 15 inclusive shall be revoked.

Article 17(2). For the reference to paragraphs 1 to 5 of Part V of Schedule 3 to the Act of 1933 (meaning thereby the Local Government Act 1933) there shall be substituted a reference to Part VI of Schedule 12 to the Act of 1972.

Article 18. For Article 18 the following shall be substituted:—

“Application of certain enactments relating to local authorities, etc

18.— (1) The provisions of sections 94 to 98 and 105 of the Act of 1972 (which relate to the disability of members of local authorities for taking part in the consideration or discussion of, or for voting on, any question with respect to contracts, proposed contracts or other matters in which they have a pecuniary interest) shall apply to members of the Executive or of any committee or sub-committee of the Executive as they apply to members of local authorities or of any committees or sub-committees of such authorities, but so that in such application the said provisions shall have effect as if—

(a) they referred only to contracts and proposed contracts and did not extend to other matters,

(b) subsection (3) was omitted from section 94 and subsections (1) to (3) were omitted from section 97 of the said Act of 1972, and

(c) in section 96 of the Act of 1972 there were substituted for references to the proper officer of the authority references to the Secretary of the Executive.

(2) Section 117 of the Act of 1972 (which relates to the disclosure by officers of local authorities of their interest in contracts or proposed contracts) shall apply in relation to officers and servants of the Executive as it applies in relation to officers and servants of local authorities.

(3) Section 140 of the Act of 1972 (which relates to insurance by local authorities against accidents to members) shall apply to the Executive as it applies to a local authority.

(4) Section 223 of the Act of 1972 (which relates to the appearance of local authorities in legal proceedings) and paragraph 20 of Schedule 13 to that Act (which relieves lenders from making certain enquiries) shall apply in relation to the Executive as they apply in relation to a local authority.

(5) Section 144(2)(a) of the Road Traffic Act 1972 (1)(which provides that the requirements of section 143 of that Act as to users of motor vehicles being insured or secured against third party risks are not to apply to a vehicle owned by any such local authority as is mentioned in the said subsection (2)(a)) shall apply to a vehicle owned by the Executive, or by any subsidiary of the Executive, as it applies to a vehicle owned by any local authority so mentioned.”

Article 19(1), (2), (3) and (4).The references to the Authority shall be deleted.

Article 20. The references to the Authority shall be deleted.

Article 22. The references to the Authority shall be deleted.

Article 23. The references to the Authority and to paragraph 11 of Schedule 3 shall be deleted.

Schedules 1 to 3 shall be revoked.

Part II The Transfer Order

Article 2(1). For the definition of “the Authority” the following shall be substituted:—

“the Authority” means the County Council of Greater Manchester.

Part III The Railway Passenger Services Order

The reference to the South East Lancashire and North East Cheshire Passenger Transport Area shall be construed as a reference to the County of Greater Manchester.

(1)

1972 c. 20