section 1() (functions of traffic commissioners), | In subsection (1), for the words from “The traffic commissioner” to “Vehicles Act 1981”, substitute “A traffic commissioner”. |
section 5() (vehicles authorised to be used under operator’s licence), | In subsection (4)(a), for “the area of the traffic commissioner by whom”, substitute “a traffic area in respect of which”. |
In subsection (6) (if its substitution by virtue of section 263 of the Transport Act 2000() does not come into force on or before the date on which this Order comes into force), in the words following paragraph (b)—
(a) for “the traffic commissioner by whom the licence was issued” substitute “a traffic commissioner”;
(b) for “the commissioner may require” substitute “is required by a traffic commissioner”; and
(c) for “has paid to him the prescribed fee (if any)” substitute “has paid the prescribed fee (if any) to a traffic commissioner”.
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In the subsection (6) which has effect, or is to have effect, by virtue of section 263 of the Transport Act 2000—
(a) in paragraph (a)—
(i) for “the traffic commissioner by whom the licence was issued” substitute “a traffic commissioner”; and
(ii) for “the commissioner may require” substitute “is required by a traffic commissioner”; and
(b) for paragraph (b) substitute—
“(b)has paid the prescribed fee (if any) to a traffic commissioner.”
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In subsection (7), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In subsection (9), for the words from “the traffic commissioner” to “in that licence”, substitute “a traffic commissioner that a vehicle specified in an operator’s licence (“the first licence”)”. |
section 7 (operating centres to be specified in operators’ licences), | For subsection (1), substitute—
“(1) A person may not use a place in a traffic area as an operating centre for vehicles authorised to be used under an operator’s licence issued to him in respect of that traffic area unless that place is specified as an operating centre of his in that licence.”
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section 8() (applications for operators’ licences), | For subsection (1), substitute—
“(1) An application for an operator’s licence—
(a)shall be made to a traffic commissioner, and
(b)shall be in respect of a single traffic area in which, if the licence is issued, the applicant will have an operating centre or operating centres,
but a person may make separate applications in respect of different traffic areas.”
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In subsection (3)(b), for “in the area of the commissioner”, substitute “in the traffic area concerned”. |
In subsection (6), for “a traffic commissioner”, substitute “the traffic commissioner”. |
After subsection (6), add—
“(7) In subsections (3) to (6), “the traffic commissioner” means the traffic commissioner dealing with the application in question.”
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section 9() (convictions etc. subsequent to the making of an application), | In subsection (1), for “to whom it was made”, substitute “dealing with the application”. |
In subsection (2), for “to whom the application was made”, substitute “dealing with the application”. |
In subsection (4)(a) and (b), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 10() (publication by traffic commissioner of notice of application for licence), | In subsection (1), for “made to him”, substitute “which is received”. |
section 11() (publication in locality affected of notice of application for licence), | In subsection (1), for the words from “the traffic commissioner” to “is made”, substitute “a traffic commissioner who is dealing with an application for an operator’s licence”. |
In subsection (3), for “The traffic commissioner”, substitute “A traffic commissioner”. |
In subsection (4), for “in the area of the traffic commissioner”, substitute “in the traffic area concerned”. |
section 12() (objections to, and representations against, issue of operators’ licences), | In subsections (1)(b) and (4), for “in the traffic commissioner’s area”, substitute “in the traffic area concerned”. |
In subsection (8), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In subsection (12), omit the words from “and, in relation to” to “has been made”, which follow the definition of “trade union”. |
section 13A() (requirements for standard licences), | In subsection (3)(c)(i), for “the traffic commissioner” substitute “a traffic commissioner”. |
section 13C (requirements for standard and restricted licences), | In subsection (5), for “the traffic commissioner’s area” substitute “the traffic area concerned”. |
section 14() (determinations where objections etc. are made on environmental grounds), | In subsection (2), for “in his area”, substitute “in the traffic area concerned”. |
In subsection (3)—
(a) for “The traffic commissioner”, substitute “A traffic commissioner”;
(b) in paragraph (a), omit the words “issued by the commissioner”; and
(c) in paragraph (b), for “the commissioner”, substitute “a traffic commissioner”.
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In subsection (6)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 16() (duration of operators’ licences), | In subsection (3), for the words from “requests” to “shall,”, substitute “requests a traffic commissioner to terminate it at any time, he or another traffic commissioner must,”. |
In subsection (4), for the words from “The traffic commissioner” to “he”, substitute “A traffic commissioner may refuse to comply with such a request if he or another traffic commissioner”. |
section 17() (variation of operators’ licences), | In subsection (1), for “the traffic commissioner by whom the licence was issued”, substitute “a traffic commissioner”. |
In subsection (1)(g), for “traffic commissioner’s”, substitute “same traffic”. |
In subsection (2), for the words from “the traffic commissioner” to “information as he”, substitute “the traffic commissioner dealing with the application, in such form as he or another traffic commissioner may require, such information as he or another traffic commissioner”. |
In subsection (3), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 18() (publication of notice of applications for variation in any locality affected), | In subsection (1), for the words from “the traffic commissioner” to “refuse the application”, substitute “a traffic commissioner who is dealing with an application for an operator’s licence shall refuse the application for any of the directions mentioned in subsection (2)”. |
In subsection (2)(d), for “in the traffic commissioner’s area”, substitute “in the traffic area concerned”. |
In subsection (4), for “The traffic commissioner”, substitute “A traffic commissioner”. |
In subsection (5)(a), for “in the area of the traffic commissioner”, substitute “in the traffic area concerned”. |
In subsection (5)(b), for “in the area of the commissioner”, substitute “in the traffic area concerned”. |
section 19() (objection to, and refusal of, applications to vary operators’ licences on environmental grounds), | In subsections (2), (4) and (6), for “in the traffic commissioner’s area”, substitute “in the traffic area concerned”. |
In subsections 2(c) and (6), for “the commissioner”, substitute “a traffic commissioner”. |
In subsection (7)—
(a) for “The traffic commissioner may not refuse the application”, substitute “A traffic commissioner may not refuse an application”;
(b) in paragraph (a), omit the words “issued by the commissioner”; and
(c) in paragraph (b), for “the commissioner”, substitute “a traffic commissioner”.
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In subsection (11), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 20 (variation of licences: further provisions), | In subsection (1), for the words from “to the traffic commissioner” to “that it be converted”, substitute “for a direction that the licence be varied by converting it”. |
In subsection (2) omit the words “to the traffic commissioner by whom the licence was issued”. |
In subsection (2)(b), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 21 (conditions for securing road safety), | In subsection (3)—
(a) for “The traffic commissioner”, substitute “A traffic commissioner”, and
(b) for the words from “without first giving” to “the commissioner”, substitute “unless the applicant for the licence or (as the case may be) the licence-holder has first been given an opportunity to make representations to a traffic commissioner”.
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section 22() (conditions as to matters required to be notified to traffic commissioner), | In subsection (1), for “to inform him”, substitute “to inform a traffic commissioner”. |
In subsections (1)(c) and (4), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In subsection (2)(a) and (b), for “the commissioner”, substitute “a traffic commissioner”. |
section 23() (conditions as to use of operating centres), | In subsection (1), for “in his area”, substitute “in the traffic area to which the licence relates”. |
In subsection (2)(a) omit the words “in the area of the traffic commissioner”. |
In subsection (4)—
(a) for “The traffic commissioner”, substitute “A traffic commissioner”, and
(b) for the words from “without first giving” to “the commissioner”, substitute “unless the applicant for the licence or (as the case may be) the licence-holder has first been given an opportunity to make representations to a traffic commissioner”.
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section 24() (interim operators’ licences), | In subsection (3), for “The traffic commissioner”, substitute “A traffic commissioner”. |
In subsections (4), (5) and (6), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 25 (interim variations), | In subsection (1), for the words from “the traffic commissioner” to “the application,”, substitute “a traffic commissioner may, before the application has been determined,”. |
In subsections (3), (4) and (5), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 26() (revocation, suspension and curtailment of operators’ licences), | In subsection (1), for the words from “the traffic commissioner” to “direct that it”, substitute “a traffic commissioner may direct that an operator’s licence”. |
In subsection (1)(a), for “commissioner’s area”, substitute “traffic area to which the licence relates”. |
In subsection (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In subsection (4), for the words from “the traffic commissioner” to “him”, substitute “a traffic commissioner in the case of the holder of any operator’s licence”. |
In subsection (6), for “the traffic commissioner directs”, substitute “a traffic commissioner gives a direction under subsection (1)”. |
In subsection (8), for the words from “The traffic commissioner” to “was given”, substitute “Where a direction suspending or curtailing a licence has been given under subsection (1), a traffic commissioner”. |
section 27() (revocation of standard licences), | In subsection (1), for “The traffic commissioner by whom a standard licence was issued shall direct that it”, substitute “A traffic commissioner shall direct that a standard licence”. |
In subsection (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
| In subsection (3)—
(a) omit the words “shall also state”;
(b) in paragraph (a)—
(i) for “that” substitute “shall invite the licence-holder to make”, and
(ii) omit the words “may be made to the commissioner by the licence-holder”;
(c) in paragraph (b)—
(i) for “that” substitute “shall state that”, and
(ii) after “the commissioner” insert “dealing with the matter”; and
(d) for the words following paragraph (b) substitute—
“and a traffic commissioner may not give a direction under subsection (1) without considering any representations duly made under this subsection”.
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section 28() (disqualification), | In subsection (4), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In subsection (6), for the words from “The traffic commissioner” to “subsection (1)”, substitute “Where an order has been made under subsection (1) disqualifying any person, a traffic commissioner”. |
section 29() (revocation and disqualification etc: supplementary provisions), | In subsection (1), for “him to do so”, substitute “that an inquiry be held”. |
In subsection (2), for “The traffic commissioner”, substitute “A traffic commissioner”. |
In subsection (3), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 30() (periods of review for operating centres), | In subsection (1)—
(a) for “the traffic commissioner by whom an operator’s licence was issued”, substitute “a traffic commissioner”, and
(b) for “the licence-holder”, where those words first occur, substitute “the holder of an operator’s licence”.
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section 31() (power to remove operating centres on review), | In subsection (1), for “having served notice”, substitute “after a notice has been served”. |
In subsections (1) and (5), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In subsection (3), after “to him”, insert “or another traffic commissioner”. |
section 32() (power to attach conditions on review), | In subsection (1)—
(a) for “having served notice”, substitute “after a notice has been served”; and
(b) for the words from “the traffic commissioner” to “section 31, he”, substitute “no direction is given in respect of the place under section 31, a traffic commissioner”.
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In subsection (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In subsection (2)(b), for “the commissioner”, substitute “the traffic commissioner giving the direction”. |
In subsection (3)(b), for “the commissioner”, substitute “the traffic commissioner giving the direction”. |
In subsection (4), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 34 (determinations as to environmental matters), | In subsection (5)(b), for “having served notice”, substitute “after a notice has been served”. |
section 35() (power of traffic commissioners to hold inquiries), | In subsection (2), for “he”, substitute “he or another traffic commissioner”. |
section 36 (review of decisions), | In subsection (1), after “of his”, insert “, or of another traffic commissioner,”. |
In subsection (2)—
(a) for “The traffic commissioner”, substitute “A traffic commissioner”;
(b) for paragraph (a), substitute—
“(a)if, within such period after the taking of the decision as may be prescribed, he or another traffic commissioner has given to the applicant or (as the case may be) the licence-holder notice of intention to review the decision;”; and
(c) in paragraph (b), for “him to review it”, substitute “that the decision be reviewed by a traffic commissioner”.
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section 37() (rights of appeal in connection with operators’ licences), | In subsection (6)(b), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 42() (meaning of “officer” and powers of police constables), | In subsection (1)(b), for “the traffic commissioner for any area”, substitute “a traffic commissioner”. |
section 43() (evidence by certificate), | In subsection (2), for “the commissioner” in each place where those words occur, substitute “a traffic commissioner”. |
section 44() (assessors), | In subsection (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 45 (fees), | In subsection (5), for “The traffic commissioner”, substitute “A traffic commissioner”. |
section 48() (operators’ licences not to be transferable etc.), | In subsections (2) and (3) omit the words “issued by him”. |
In subsection (4)—
(a) after “by him”, insert “or another traffic commissioner”; and
(b) for “the commissioner”, substitute “a traffic commissioner”.
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section 49() (certificates of qualification), | In subsection (5), for paragraphs (a), (b) and (c), substitute—
“(a)in relation to an applicant who holds an operator’s licence, means a traffic commissioner, and
(b)in relation to an applicant who does not hold an operator’s licence, means the Secretary of State,”.
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section 58() (general interpretation), | In subsection (1) omit the definition of “area”. |
Omit subsection (5). |
Schedule 1A() (detention of vehicles used without operator’s licence), | In paragraph 9—
(a) in sub-paragraph (1), for the words from “the traffic commissioner” to “detained”, substitute “a traffic commissioner”; and
(b) in sub-paragraph (2)(a), for “the traffic commissioner”, substitute “a traffic commissioner”.
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| In paragraph 10—
(a) in sub-paragraph (1)(a), for “the traffic commissioner”, substitute “a traffic commissioner”;
(b) in sub-paragraph (1)(b), for “him”, substitute “a traffic commissioner”;
(c) in sub-paragraph (2), for the words from “the traffic commissioner” to “notice of the application”, substitute “the application must be determined by a traffic commissioner within a prescribed time after notice of the application is received”; and
(d) in sub-paragraph (3)(a) and (b), for “the traffic commissioner”, substitute “a traffic commissioner”.
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In paragraph 12, for “the traffic commissioner”, substitute “a traffic commissioner”. |
Schedule 2() (information about, and convictions of, applicants for and holders of operators’ licences), | In paragraph 1, in sub-paragraph (a), after “the traffic commissioner”, insert “dealing with the application”. |
Schedule 3() (qualifications for standard licence), | In paragraph 15—
(a) in sub-paragraph (2)(a), for “whether or not to hold an inquiry”, substitute “whether or not an inquiry should be held”; and
(b) in sub-paragraph (2A), for “The traffic commissioner” substitute “A traffic commissioner”.
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| In paragraph 17—
(a) in sub-paragraph (1), for the words from “The traffic commissioner” to “cancel the order”, substitute “A traffic commissioner may, subject to sub-paragraph (2), at any time cancel a disqualification order made under paragraph 16(2)”;
(b) in sub-paragraph (3)—
(i) after “the traffic commissioner” in the first place where those words occur, insert “who made the order or another traffic commissioner”; and
(ii) for paragraph (b) substitute—
“(b)at the instigation of the traffic commissioner.”;
(c) in sub-paragraph (4)—
(i) for the words from “making a variation” to “serve a notice”, substitute “a variation is made under sub-paragraph (3)(b), a notice must be served”; and
(ii) in paragraph (a), for “the traffic commissioner’s intention” substitute “an intention”; and
(d) in sub-paragraph (5), after “the traffic commissioner”, insert “dealing with the matter”.
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Schedule 4() (transfer of operating centres), | After paragraph 4, add—
“5. In this Schedule “the traffic commissioner”, in the case of any application, means the traffic commissioner dealing with the application.”
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Schedule 5() (large goods vehicles). | In paragraph 2, in sub-paragraph (3), omit the words “issued by him”. |
In paragraph 3, in sub-paragraph (1), for “at the office of the traffic commissioner”, substitute “to a traffic commissioner at an office”. |