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Transport Act 1985, Section 72 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)References in this Part of this Act to a public transport company are references to any of the following—
(a)any company which was formed under section 59 of this Act by the Passenger Transport Executive for any [F1 integrated transport area or] passenger transport area and is for the time being a subsidiary of that Executive or of the [F2Integrated Transport Authority or] Passenger Transport Authority for that area;
(b)any company which was formed under section 61 of this Act [F3by the Integrated Transport Authority for any integrated transport area or] by the Passenger Transport Authority for any passenger transport area and is for the time being a subsidiary of that Authority; and
(c)[F4any company which was formed by one or more councils under section 67 of this Act and is for the time being under local authority control.]
(2)[F5A company formed under section 67 of this Act shall be treated for the purposes of subsection (1)(c) above as under local authority control at any time when either—
(a)it is a subsidiary of a single district council in England and Wales or, in Scotland, of a single [F6council (other than the council for Orkney Islands, Shetland Islands or Western Isles)] or
(b)if two or more such councils who are members of the company were a single body corporate, it would be a subsidiary of that body corporate.]
(3)References in this Part of this Act to a public transport company’s controlling authority—
(a)in relation to a company within subsection (1)(a) or (b) above, are references to the Passenger Transport Executive or (as the case may be) [F7the Integrated Transport Authority or] the Passenger Transport Authority of whom it is a subsidiary; and
(b)[F8in relation to a company within subsection (1)(c) above, are references to the council or councils referred to in subsection (2) above.]
(4)References in this Part of this Act to a composite authority are references to a controlling authority consisting of two or more such councils as are referred to in subsection (2) above, and the councils concerned are referred to as the component councils of that authority.
(5)For the purposes of this Part of this Act a public transport company is an associated company—
(a)in relation to [F9an Integrated Transport Authority or] a Passenger Transport Authority if that Authority or the Passenger Transport Executive for that Authority’s area are its controlling authority;
(b)in relation to a Passenger Transport Executive if that Executive or the [F10Integrated Transport Authority or] Passenger Transport Authority for that Executive’s area are its controlling authority; and
(c)[F11in relation to a district council in England and Wales or, in Scotland, a [F6council (other than the council for Orkney Islands, Shetland Islands or Western Isles)] if that council are its controlling authority or one of the component councils of a composite authority who are its controlling authority.]
Textual Amendments
F1Words in s. 72(1)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(2)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F2Words in s. 72(1)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F3Words in s. 72(1)(b) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(3); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F4S. 72(1)(c) repealed (S.) (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 34(2), 130(2) (with ss. 34(3), 126); S.S.I. 2022/204, reg. 2(a)
F5S. 72(2) repealed (S.) (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 34(2), 130(2) (with ss. 34(3), 126); S.S.I. 2022/204, reg. 2(a)
F6Words in s. 72(2)(a)(5)(c) substituted (S.) (1.4.1996) by S.I. 1996/974, art. 2(1), Sch. 1 Pt. I para. 7(d)
F7Words in s. 72(3)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F8S. 72(3)(b) repealed (S.) (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 34(2), 130(2) (with ss. 34(3), 126); S.S.I. 2022/204, reg. 2(a)
F9Words in s. 72(5) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(5)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F10Words in s. 72(5) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(5)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F11S. 72(5)(c) repealed (S.) (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 34(2), 130(2) (with ss. 34(3), 126); S.S.I. 2022/204, reg. 2(a)
Modifications etc. (not altering text)
C1Pt. 4: functions made exercisable (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(1)
C2Ss. 72-76: functions made exercisable concurrently (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(4)
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