The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019

Amendment of the Public Passenger Vehicles Act 1981

2.—(1) The Public Passenger Vehicles Act 1981(1) is amended as follows.

(2) In section 21 (certificates of qualification)(2)—

(a) in subsection (1), for “another”, substitute “a”;

(b) in subsection (3)(b), omit “other”.

(3) In section 65 (forgery and misuse of documents etc)(3), in subsection (1)(ea), omit “of the European Parliament and of the Council of 21 October 2009”.

(4) In section 66 (false statements to obtain licences)(4), in paragraph (f), omit “of the European Parliament and of the Council of 21 October 2009”.

(5) In section 82 (general interpretation provisions)(5), in subsection (1)—

(a) after the definition of “the 2009 Regulation”, insert—

““the 2009 Regulation (EU)” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC, as that Regulation has effect in EU law(6);”

(b) for the definition of “Regulation (EC) 1073/2009”, substitute—

““Regulation (EC) No 1073/2009” means Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006, as that Regulation has effect in EU law(7)”.

(6) In Schedule 3 (supplementary provision as to qualifications for PSV operator’s licence)(8)—

(a) for paragraph 7, substitute—

“7.— (1) In paragraph 6 above—

(a) “approved body” means—

(i) a body approved by the Secretary of State for the purposes of that paragraph; or

(ii) a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46D(1)(b) of the Transport Act (Northern Ireland) 1967(9); or

(iii) a body or authority designated by a member State for the purposes of Article 8.3 of the 2009 Regulation (EU);

(b) “the requisite skills” means knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to the 2009 Regulation in the subjects there listed.

(2) In the case of an examination organised or a certificate issued by an approved body specified in sub-paragraph (1)(a)(iii), references to the 2009 Regulation in sub-paragraph (1)(b) and paragraphs 6(2) and (3) are references to the 2009 Regulation (EU).”;

(b) in paragraph 7B, in sub-paragraph (3)(b), after “2009 Regulation”, insert “or the 2009 Regulation (EU)”.

(1)

1981 c. 14.

(2)

Sections 21(1) and (3) were amended by S.I. 2013/1644, article 3, Schedule 1. Section 21(3) was also amended by the Transport Act 1985 (c.67), section 3(5), Schedule 2, Part II, paragraph 4(12)(c).

(3)

Section 65(1)(ea) was inserted by S.I. 1999/3413, regulation 10(3). There are other amendments to section 65 that are not relevant to these Regulations.

(4)

Section 66(f) was inserted by S.I. 1999/4313, regulation 10(4). There are other amendments to section 66 that are not relevant to these Regulations.

(5)

The definitions of the “the 2009 Regulation” and of “Regulation (EC) 1073/2009” were inserted in section 82(1) by S.I. 2011/2632, regulation 7(1), Schedule 1, paragraphs 1 and 10(1) and (2). There are other amendments to section 82 that are not relevant to these Regulations.

(6)

OJ No. L300, 14.11.2009, p.51.

(7)

OJ No. L300, 14.11.2009, p.88.

(8)

Paragraph 7 of Schedule 3 was amended by S.I. 1999/2431, regulation 4(3) and S.I. 2011/2632, regulation 7(1), Schedule 1, paragraphs 1, 11(1) and (5)(a) and (b); and paragraph 7B was inserted by S.I. 2011/2632, regulation 7(1), Schedule 1, paragraphs 1, 11(1) and (6). There are other amendments to Schedule 3 that are not relevant to these Regulations.

(9)

1967 c. 37. Section 46D(1) was amended by the Transport Act (Northern Ireland) 2011 (c.11), section 48(2), Schedule 1, paragraph 16(2) and S.R. 2015/284, article 2(1), Schedule.