Transport Act 1985

1. Introductory Text

2. Part I General Provisions Relating to Road Passenger Transport

   1. Abolition of road service licensing

      1. 1. Abolition of road service licensing.

   2. Meaning of “local service”

      1. 2. Local services.

   3. Traffic commissioners

      1. 3. Traffic commissioners.

      2. 4. Inquiries held by traffic commissioners.

      3. 5. Assistance for traffic commissioners in considering financial questions.

   4. Registration of local services

      1. 6. Registration of local services.

   5. Provision of service information in Scotland

      1. 6ZA. Provision of service information when varying or cancelling registration

      2. 6ZB. Provision of service information: extent of permissible disclosure

      3. 6ZC. Provision of service information: further provision and consultation

   6. 6A. Applications for registration etc where restrictions are in force

   7. 6B. Applications for registration where quality contracts scheme in force

   8. 6C. Variation or cancellation of registration: service information

   9. 6D. Applications for registration where an enhanced partnership scheme is in operation

   10. 6E. Cancellation and control of registration where enhanced partnership scheme is in operation

   11. 6F. Enhanced partnership schemes: appeals

   12. 6G. Traffic commissioner functions where an enhanced partnership scheme in operation

   13. 6H. Fees relating to relevant registration functions

   14. 6I. Records of registration etc

   15. 6J. Contracting out of registration functions: fees

   16. 6K. Application for registration where service standard has effect

   17. 6L. Cancellation of registration when operational service standards not met

   18. 6M. Power to make regulations for appeals against service standards decisions

   19. 6N. Scrutiny of operation of bus services improvement partnership

   20. 7. Application of traffic regulation conditions to local services subject to registration under section 6.

   21. 8. Enforcement of traffic regulation conditions, etc.

   22. 9. Appeals against traffic regulation conditions.

   23. Taxis and hire cars

       1. 10. Immediate hiring of taxis at separate fares.

       2. 11. Advance booking of taxis and hire cars at separate fares.

       3. 12. Use of taxis or hire cars in providing local services.

       4. 13. Provisions supplementary to sections 10 to 12.

       5. 13A. Application of sections 10 to 13 to London

       6. 14. Operation of taxis and private hire cars in Scotland for the carriage of passengers at separate fares.

       7. 15. Extension of taxi licensing in England and Wales.

       8. 16. Taxi licensing: control of numbers.

       9. 17. London taxi and taxi driver licensing: appeals.

   24. Modification of PSV requirements in relation to vehicles used for certain purposes

       1. 18. Exemption from PSV operator and driver licensing requirements of vehicles used under permits.

       2. 19. Permits in relation to use of public service vehicles by educational and other bodies

       3. 20. Further provision with respect to permits under section 19.

       4. 21. Permits under section 19: regulations.

       5. 22. Community bus permits.

       6. 23. Further provision with respect to community bus permits.

       7. 23A. Power to limit permits under section 19 or 22 to 5 years

   25. Further amendments with respect to PSV operators’ licences

       1. 24. Limit on number of vehicles to be used under a restricted licence.

       2. 25. Objections to application for PSV operator’s licence.

       3. 26. Conditions attached to PSV operator’s licence.

       4. 27. Supplementary provisions with respect to conditions attached to PSV operator’s licence under section 26.

       5. 27A. Additional powers where service not operated as registered

       6. 27B. Provisions supplementing section 27A

       7. 28. Power to disqualify PSV operators.

       8. 29. Duty to give Secretary of State information about certain matters.

       9. 30. Plying for hire by large public service vehicles.

       10. 31. Appeals under the 1981 Act.

   26. Miscellaneous

       1. 32. Repeal of sections 28, 47 and 48 of the 1981 Act.

       2. 33. Extension of safety controls to certain passenger vehicles other than public service vehicles.

3. Part II Regulation of Road Passenger Transport in London

   1. London local service licences

      1. 34. London local services.

      2. 35. London local service licences.

      3. 36. London bus services under control of London Regional Transport.

      4. 37. Grant of licences.

      5. 38. Conditions attached to licences.

      6. 39. Grant of licences for certain excursions or tours.

      7. 40. Revocation and suspension of licences.

      8. 41. Duration of licences.

   2. Supplementary provisions

      1. 42. Appeals to the Secretary of State.

      2. 43. Further appeals on points of law.

      3. 44. Application of provisions of the 1981 Act.

      4. 45. Interpretation of Part II.

   3. Repeal of Part II

      1. 46. Power of Secretary of State to repeal Part II.

4. Part III The National Bus Company

   1. The Bus Company’s disposal programme

      1. 47. Transfer of operations of the Bus Company to the private sector.

      2. 48. General duties of the Bus Company.

   2. Powers of disposal

      1. 49. The Bus Company’s powers of disposal.

      2. 50. Provisions supplementary to section 49.

      3. 51. Provision of services for related companies.

      4. 52. Pensions for employees of related companies.

   3. Miscellaneous and supplementary

      1. 53. Financial provisions.

      2. 54. Dissolution of the Bus Company.

      3. 55. Reduction of assets of National Loans Fund.

      4. 56. Interpretation of Part III.

5. Part IV Local Passenger Transport Services

   1. Integrated Transport Areas and Passenger Transport Areas

      1. 57. Areas, Authorities and Executives.

      2. 58. Local government reorganisation: transport functions.

      3. 59. Transfer of bus undertakings of Executives to companies owned by Authorities.

      4. 60. Exclusion of public sector co-operation requirements and bus operating powers.

      5. 61. Division of undertakings of companies formed under section 59.

      6. 62. Protection of employee benefits on transfer and division of bus undertakings.

   2. Passenger transport in other areas

      1. 63. Functions of local councils with respect to passenger transport in areas other than integrated transport areas and passenger transport areas.

      2. 64. Consultation and publicity with respect to policies as to services.

      3. 65. Co-operation between certain councils and London Regional Transport.

      4. 66. Exclusion of powers of certain councils to run bus undertakings.

      5. 67. Formation of companies to run council bus undertakings.

      6. 68. Schemes for transfer of individual council bus undertakings to companies formed under section 67.

      7. 69. Orders for transfer of joint undertakings to companies formed under section 67.

      8. 70. Supplementary provisions with respect to orders under section 69.

      9. 71. Exemption for councils running small bus undertakings.

   3. Further provisions with respect to companies formed under Part IV

      1. 72. The public transport companies and their controlling authorities.

      2. 73. Control over constitution and activities of public transport companies.

      3. 74. Disabilities of directors of public transport companies.

      4. 75. Powers of investment and disposal in relation to public transport companies.

      5. 76. Audit of accounts of public transport companies.

      6. 77. Local authority financial controls in Scotland.

      7. 78. Provision of services for public transport companies.

      8. 79. Financial backing for establishment and operations of public transport companies.

   4. Miscellaneous and supplementary

      1. 80. Duty of Integrated Transport Authority or Passenger Transport Authority not to inhibit competition.

      2. 81. Provision, maintenance and operation of bus stations.

      3. 82. Bus stations: restrictions on discriminatory practices, etc.

      4. 83. Provisions supplementary to sections 81 and 82.

      5. 84. Compensation for loss of employment, etc.

      6. 85. Incorporation of Passenger Transport Executives in Authorities for their area.

      7. 86. Amendments consequential on orders under section 85.

      8. 87. Interpretation of Part IV.

6. Part V Financial Provisions

   1. Expenditure on public passenger transport services

      1. 88. Expenditure on public passenger transport services.

      2. 89. Obligation to invite tenders for subsidised services.

      3. 90. Provisions supplementary to section 89.

      4. 91. Exceptions from section 89.

      5. 92. General provisions with respect to the exercise of service subsidy functions.

   2. Travel concession schemes

      1. 93. Travel concession schemes.

      2. 94. Administration of schemes: reimbursement, etc.

      3. 95. Publicity requirements for schemes and reimbursement arrangements.

      4. 96. Right of eligible service operators to participate in travel concession schemes.

      5. 97. Compulsory participation in travel concession schemes.

      6. 98. Further provisions with respect to participation notices.

      7. 99. Release from compulsory participation.

      8. 100. Provisions Supplementary to sections 96 to 99

      9. 101. Enforcement of participation in travel concession schemes.

      10. 102. Application of Passenger Transport Executive’s financial plan to expenditure on travel concessions under schemes.

   3. Travel concessions apart from schemes

      1. 103. Subsidies for travel concessions.

      2. 104. Travel concessions on services provided by Passenger Transport Executives.

      3. 105. Travel concessions on services provided by local authorities.

   4. Grants for transport facilities and services

      1. 106. Grants for transport facilities and services.

      2. 106A. Grants for bus services.

   5. Grants for services for disabled people in London

      1. 107. Grants by London Regional Transport.

   6. Grants for services in rural areas

      1. 108. Grants for establishment, etc., of rural passenger services in Walesand Scotland.

      2. 109. Transitional rural bus grants.

   7. Miscellaneous and supplementary

      1. 110. Grants towards duty charged on bus fuel.

      2. 111. Unregistered and unreliable local services; reduction of fuel duty grant.

      3. 112. Interpretation of Part V.

7. PART 5A PASSENGERS’ COUNCIL: ROAD PASSENGER TRANSPORT FUNCTIONS IN ENGLAND

   1. 112A. Introductory

   2. 112B. Duty to keep road passenger transport services and facilities under review

   3. 112C. Duty to investigate road passenger transport services and facilities

   4. 112D. Power to refer matters elsewhere instead of investigating

   5. 112E. Investigations: power to obtain information

   6. 112F. Investigations: protection of confidential information

   7. 112G. Investigations: representations

   8. 112H. Referrals following investigation

   9. 112I. Referrals in cases where investigation identifies other failings

   10. 112J. Traffic commissioner’s duty following referral

   11. 112K. Investigation reports

   12. 112L. Interpretation of Part 5A

8. Part VI Miscellaneous and General

   1. Exclusion of requirement to co-ordinate services of public sector transport undertakings

      1. 113. Repeal of section 24(3) of the 1968 Act.

   2. Competition law: bus services and bus stations

      1. 114. Monopoly references with respect to bus services.

      2. 115. Miscellaneous and General

      3. 116. Miscellaneous and General

   3. Reconstitution of the Transport Tribunal

      1. 117. Reconstitution of the Transport Tribunal.

   4. Road passenger transport services in place of railway services

      1. 118. Railways Board’s road passenger transport services.

      2. 119. Bus substitution services and bus service conditions.

      3. 120. Notice of withdrawal of bus substitution service.

      4. 121. Objections to withdrawal of bus substitution service.

      5. 122. Revocation or variation of bus service conditions.

      6. 123. Supplementary and consequential provisions.

      7. 124. Reimbursement of Board’s expenses in securing bus substitution services.

   5. The Disabled Persons Transport Advisory Committee

      1. 125. The Disabled Persons Transport Advisory Committee and Secretary of State’s Guidance.

   6. The Public Transport Users' Committee for England

      1. 125A. The Public Transport Users' Committee for England

      2. 125B. Functions of the Committee

      3. 125C. Power to confer functions in relation to the Committee

   7. Provisions supplementary to Parts I and II

      1. 126. Application of sections 52 and 56 of the 1981 Act.

      2. 127. Offences and legal proceedings.

      3. 128. Further supplementary provisions.

   8. General supplementary provisions

      1. 129. Transfer schemes.

      2. 130. Corporation tax and capital gains tax.

      3. 131. Stamp duty.

      4. 132. Operation of vehicles, etc., by partnerships.

      5. 133. Functions of Authorities and Executives: supplementary.

      6. 134. Regulations, rules and orders.

      7. 135. Procedure for making regulations, rules and orders.

      8. 136. Directions.

      9. 137. General interpretation.

      10. 138. Expenses and receipts.

      11. 139. Transitional provisions, savings, amendments, repeals and revocation.

      12. 140. Short title, commencement and extent.

9. SCHEDULES

   1. SCHEDULE 1

      Amendments Consequential on the Abolition of Road Service Licensing

      1. The Transport Act 1968

         1. 1. In section 159(1) of the Transport Act 1968 (interpretation)—

      2. The Local Government (Miscellaneous Provisions) Act 1976

         1. 2. In section 63(3)(b) of the Local Government (Miscellaneous Provisions) Act...

      3. The Energy Act 1976

         1. 3. (1) Paragraph 1 of Schedule 1 to the Energy Act...

      4. The Public Passenger Vehicles Act 1981

         1. 4. In section 12 of the 1981 Act (PSV operator’s licence),...

         2. 5. . . . . . . . . . ....

         3. 6. In section 46 of that Act (fare-paying passengers on school...

         4. 7. In section 52(1)(a)(i) of that Act (fees for grant of...

         5. 8. In section 53(1) of that Act (payment of expenses), for...

         6. 9. In sections 57 and 58 of that Act (death, etc....

         7. 10. In section 59 of that Act (power to make regulations...

         8. 11. In section 68(4)(a) of that Act (provisions to which a...

         9. 12. Section 81(2) of that Act (definition for purposes of that...

         10. 13. In section 82(1) of that Act (definitions of expressions used...

         11. 14. In section 83 of that Act (construction of references in...

      5. The Road Traffic Regulation Act 1984

         1. 15. (1) The Road Traffic Regulation Act 1984 shall be amended...

         2. 16. (1) Subject to any provision made by or under this...

   2. SCHEDULE 2

      Amendments Consequential on Section 3

      1. Part I

   3. SCHEDULE Substituted for Schedule 2 to the 1981 Act

      1. Part II Further Consequential Amendments

         1. The Transport Act 1968

            1. 1. (1) The Transport Act 1968 shall be amended as follows....

         2. The Tribunals and Inquiries Act 1971

            1. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

            2. 3. . . . . . . . . . ....

         3. The Public Passenger Vehicles Act 1981

            1. 4. (1) The Public Passenger Vehicles Act 1981 shall be amended...

         4. The Civic Government (Scotland) Act 1982

            1. 5. In section 18 of the Civic Government (Scotland) Act 1982,...

         5. The Road Traffic Regulation Act 1984

            1. 6. In section 38(4) and (7) of and paragraph 31(a) of...

         6. The London Regional Transport Act 1984

            1. 7. In Schedule 5 to the London Regional Transport Act 1984,...

   4. SCHEDULE 3

      Amendments Consequential on Section 57

      1. The Transport Act 1968

         1. 1. The following provisions of the 1968 Act shall be omitted—...

         2. 2. In— (a) sections 10, 12, 14, 15, 20 and 23...

         3. 3. In section 9(6) of that Act, the words “or 6”...

         4. 4. In section 10 of that Act (general powers of Executive)—...

         5. 5. In section 11 of that Act (Executive’s financial duty), as...

         6. 6. In section 12 of that Act (borrowing powers of Executive)—...

         7. 7. For section 13 of that Act (precepting powers), as it...

         8. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

         9. 9. In section 14(3) of that Act, as it applies to...

         10. 10. (1) In section 15 of that Act (further functions of...

         11. 11. In section 15A of that Act (control of Executive by...

         12. 12. In section 16 of that Act (publication of annual report...

         13. 13. In section 20 of that Act (special duty of Executive...

         14. 14. In section 22 of that Act (provisions as to orders...

         15. 15. In section 24(2) of that Act (co-operation between Passenger Transport...

         16. 16. In section 54 of that Act (provisions with respect to...

         17. 17. In section 134(1) of that Act (authorities to whom duty...

         18. 18. In section 137 of that Act (obligation to establish machinery...

         19. 19. In section 141(1) of that Act (application of Town and...

         20. 20. —In section 160(5) of that Act (stamp duty not chargeable...

         21. 21. (1) In Schedule 5 to that Act (constitution, etc., of...

      2. The Post Office Act 1969

         1. 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. The Pensions (Increase) Act 1971

         1. 23. In paragraph 6(2)(c) of Schedule 3 to the Pensions (Increase)...

      4. The Local Government Act 1972

         1. 24. In section 202 of the 1972 Act (public transport in...

         2. 25. In Schedule 24 to that Act, Part II shall be...

      5. The Local Government (Scotland) Act 1973

         1. 26. In section 150 of the Local Government (Scotland) Act 1973,...

         2. 27. Section 151 of that Act shall be omitted.

         3. 28. In Schedule 18 to that Act, paragraphs 1(a) to (d)...

      6. The Local Government, Planning and Land Act 1980

         1. 29. In section 82 of the Local Government, Planning and Land...

      7. The Transport Act 1983

         1. 30. In section 1 of the Transport Act 1983 (interpretation of...

         2. 31. In section 3(3) of that Act (formulation of Executive’s financial...

         3. 32. In section 9 of that Act (repeals and minor amendments),...

      8. The Road Traffic Regulation Act 1984

         1. 33. In paragraph 31(b) of Schedule 9 to the Road Traffic...

   5. SCHEDULE 4

      Constitution, Powers and Proceedings of the Transport Tribunal

      1. Constitution

         1. 1. The Transport Tribunal (referred to in this Schedule as “the...

         2. 2. (1) The tribunal shall consist of— (a) a president and...

      2. Tenure of Office

         1. 3. (1) Subject to the following provisions of this paragraph and...

         2. 4. (1) A member of the tribunal appointed by the Secretary...

      3. Staff of the tribunal

         1. 5. The Lord Chancellor may make available to the tribunal such...

      4. Remuneration and expenses

         1. 6. There shall be paid to the members of the tribunal...

         2. 7. Any remuneration or allowances payable under paragraph 6 above and...

      5. Powers and proceedings

         1. 8. (1) Subject to paragraph 9(2) below, The tribunal shall for...

         2. 9. (1) On an appeal from any determination of a traffic...

         3. 10. (1) The president or, in his absence, such one of...

         4. 11. (1) Subject to paragraph 10 above, the Lord Chancellor may...

         5. 12. (1) The Secretary of State shall give to the tribunal...

         6. 13. (1) Subject to sub-paragraph (2) below and to any rules...

      6. Appeals

         1. 14. (1) Subject to sub-paragraphs (2) and (3) below, an appeal...

      7. Exercise of powers by Lord Chancellor

         1. 15. The Lord Chancellor shall consult the Lord Advocate before exercising...

      8. Annual Report

         1. 16. The tribunal shall make annually a report of all their...

      9. Powers of First-tier Tribunal and Upper Tribunal in relation to transport appeals

         1. 17. (1) The First-tier Tribunal and the Upper Tribunal are to...

         2. 18. Paragraph 12 applies in relation to the First-tier Tribunal and...

   6. SCHEDULE 5

      The Disabled Persons Transport Advisory Committee

      1. Administration, etc.

         1. 1. The Secretary of State shall make arrangements for the Committee...

         2. 2. (1) The Secretary of State shall provide the Committee with...

      2. Constitution and procedure

         1. 3. (1) Any person appointed to be a member of the...

         2. 4. (1) The Committee shall meet whenever convened by the Chairman...

         3. 5. The Committee may delegate the exercise and performance of any...

         4. 6. The validity of any proceedings of the Committee shall not...

   7. SCHEDULE 6

      Transitional Provisions and Savings

      1. Road service licensing during transitional period . . . . . . . . . ....

         1. Road service licensing during transitional period

            1. 1. (1) In this paragraph “the transitional period” means the period...

            2. 2. (1) In paragraphs (a) and (b) of section 31(2) for...

            3. 3. (1) In section 32 (attachment to licences of conditions as...

            4. 4. In section 34 (grant of road service licences for services...

            5. 5. In section 50(8) (persons who, in addition to applicant, have...

         2. Registration of local services outside London

            1. 6. (1) In paragraphs 7 to 12 below— “local service” means...

            2. 7. (1) Where an application for registration of the prescribed particulars...

         3. Variation and cancellation of registrations during transitional period

            1. 8. (1) Where the prescribed particulars of a local service have...

         4. Duty to notify relevant authorities of applications for registrations etc.

            1. 9. (1) Any person making an application which falls within one...

         5. Publication of information by traffic commissioner

            1. 10. (1) Each traffic commissioner shall publish such information with respect...

         6. School buses

            1. 11. (1) For the purpose of ensuring that in the school...

         7. Continuation of existing road service licences

            1. 12. A road service licence (other than one for a service...

         8. Traffic commissioners

            1. 13. (1) The person who, immediately before the commencement of section...

         9. PSV operators’ licences

            1. 14. (1) This paragraph applies where the condition attached under section...

         10. Appeals under section 18 of Civic Government (Scotland) Act 1982 (c.45)

             1. 15. Anything done or treated by virtue of any enactment as...

         11. London local service licences

             1. 16. (1) A road service licence which— (a) is in force...

             2. 17. In relation to a London local service—

             3. 18. In so far as any regulations in force immediately before...

         12. Compensation for loss of employment, etc.

             1. 19. Any regulations made under section 17(3) of the 1968 Act...

         13. Tendering

             1. 20. (1) Section 89 of this Act shall not apply in...

         14. Agreements under section 3 of the Transport Act 1978

             1. 21. (1) Where— (a) before the date on which the repeal...

         15. Travel concessions

             1. 22. (1) A scheme established under section 93 of this Act...

             2. 23. (1) Notwithstanding the repeal by this Act of the Travel...

             3. 24. During any period after section 104 of this Act comes...

         16. The Transport Tribunal

             1. 25. (1) The repeals made by this Act which relate to...

         17. Transfers under section 17 of the 1968 Act

             1. 26. Notwithstanding the repeal by this Act of—

   8. SCHEDULE 7

      Minor and Consequential Amendments

      1. General

         1. 1. In England and Wales, the provisions made by or under...

      2. The London Hackney Carriages Act 1843

         1. 2. In section 25 of the London Hackney Carriages Act 1843...

      3. The Town Police Clauses Act 1847

         1. 3. Section 46 of the Town Police Clauses Act 1847 (drivers...

      4. The Road Traffic Act 1930

         1. 4. In section 101 of the Road Traffic Act 1930 (power...

      5. The Transport Charges &c. (Miscellaneous Provisions) Act 1954

         1. 5. Section 1 of the Transport Charges &c. (Miscellaneous Provisions) Act...

      6. The Transport Act 1962

         1. 6. In section 3(3) of the 1962 Act (powers of the...

      7. The Transport Act 1968

         1. 7. In section 10(1)(xiii) of the 1968 Act (power of Passenger...

         2. 8. In section 15(2)(b) of that Act (approval of Passenger Transport...

         3. 9. In section 16(2) of that Act (annual report of Authorities...

         4. 10. In section 34 of that Act (assistance for rural bus...

         5. 11. In section 34 of that Act (assistance for rural bus...

         6. 12. In section 56 of that Act (assistance towards capital expenditure...

      8. The Post Office Act 1969

         1. 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      9. The Local Authority Social Services Act 1970

         1. 14. At the end of section 5(6) of the Local Authority...

      10. The Tribunals and Inquiries Act 1971

          1. 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      11. The Local Government (Scotland) Act 1973

          1. 16. In Schedule 18 to the Local Government (Scotland) Act 1973,...

      12. The Local Government (Miscellaneous Provisions) Act 1976

          1. 17. (1) In section 46(1)(a) of the Local Government (Miscellaneous Provisions)...

      13. The Licensing (Scotland) Act 1976

          1. 18. In section 92 of the Licensing (Scotland) Act 1976 (restriction...

      14. The Concessionary Travel for Handicapped Persons (Scotland) Act 1980

          1. 19. (1) In section 1 of the Concessionary Travel for Handicapped...

      15. The Transport Act 1980

          1. 20. In section 64(3) of the Transport Act 1980 (definition of...

      16. The Public Passenger Vehicles Act 1981

          1. 21. (1) The Public Passenger Vehicles Act 1981 shall be amended...

      17. The Local Government Finance Act 1982

          1. 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      18. The Civic Government (Scotland) Act 1982

          1. 23. (1) The Civic Government (Scotland) Act 1982 shall be amended...

      19. The London Regional Transport Act 1984

          1. 24. In section 35(1) of the London Regional Transport Act 1984...

          2. 25. In section 55(3) of that Act (definitions of expressions used...

          3. 26. In section 68 of that Act (interpretation), the definitions of...

          4. 27. In Schedule 5 to that Act (transitional provisions and savings)—...

   9. SCHEDULE 8

      Repeals