C1C2C3Part II Passenger Transport Areas
Power to modify Pt. 2 conferred (S.) by Local Government (Scotland) Act 1973 (c. 65), s. 150(3)
Pt.2 amended (S.) (4.1.1996) by 1994 c. 39, s. 40(1) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2
Designation of Passenger Transport Areas and establishment and functions of Authorities and Executives
E115 Further functions of Authority.
1
The Executive for a F1passenger transport area shall submit to the Authority and obtain the Authority’s approval of— F2
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3b
such annual or other estimates of income or expenditure of the Executive and any subsidiaries of theirs as the Authority may require to be submitted to the Authority, and any major change proposed to be made in any of those estimates after their approval by the Authority;
c
any proposal for expenditure by the Executive or any subsidiary of theirs, or by any other person in pursuance of arrangements with the Executive, which involves a substantial outlay on capital account.
d
any agreement proposed to be entered into by the Executive otherwise than under section 20(2)(b) of this Act with the Railways Board F4or a wholly-owned subsidiary of that Board for the provision by the Board F4or the wholly-owned subsidiary of any railway passenger services within, or to and from, that area;
C4C52
The Executive shall obtain the approval of the Authority—
C6C7a
before making, or authorising or consenting to the making of, any alteration in the general level of charges for the transport services or facilities provided by the Executive or any subsidiary of theirs F5. . .; and
C8b
subject to section F6104(2) of the Transport Act 1985 (travel concessions on services provided by Passenger Transport Executives), for any proposal of the Executive for reducing or waiving those charges in a particular case or cases of a particular class;
F7. . .
F83
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C9C105
Any expenditure incurred by the Authority in performing their functions under this Part of this Act shall be defrayed by the Executive.
6
Notwithstanding anything in this Part of this Act, nothing done by the Executive for a F1passenger transport area shall be held to be unlawful on the ground that the approval of the Authority for that area to the doing of that thing was required by or under this Part of this Act and that it was done without obtaining that approval; but if it appears to the Authority that the Executive propose to do anything, or have done anything, without the approval of the Authority which in the opinion of the Authority requires that approval, the Authority may, after consultation with the Executive, give to the Executive such directions as appear to the Authority to be appropriate to secure so far as practicable the observance of the rights of the Authority in relation to the doing of that thing, and those directions may include directions to discontinue any specified activity or dispose of any specified assets; and the Executive shall comply with any such directions notwithstanding that they may result in the Executive having to dispose of any assets at a loss or incurring liability to other persons.
7
Any approval or direction given by the Authority in pursuance of this Part of this Act shall be given in writing.
E215 Further functions of Authority.
1
The Executive for a F10passenger transport area shall submit to the Authority and obtain the Authority’s approval of— F11
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12b
such annual or other estimates of income or expenditure of the Executive and any subsidiaries of theirs as the Authority may require to be submitted to the Authority, and any major change proposed to be made in any of those estimates after their approval by the Authority;
c
any proposal for expenditure by the Executive or any subsidiary of theirs, or by any other person in pursuance of arrangements with the Executive, which involves a substantial outlay on capital account.
d
any agreement proposed to be entered into by the Executive otherwise than under section 20(2)(b) of this Act with the Railways Board F13or a wholly-owned subsidiary of that Board for the provision by the Board F13or the wholly-owned subsidiary of any railway passenger services within, or to and from, that area;
C11C122
The Executive shall obtain the approval of the Authority—
a
before making, or authorising or consenting to the making of, any alteration in the general level of charges for the transport services or facilities provided by the Executive or any subsidiary of theirs F14. . .; and
C13b
subject to section F15104(2) of the Transport Act 1985 (travel concessions on services provided by Passenger Transport Executives), for any proposal of the Executive for reducing or waiving those charges in a particular case or cases of a particular class;
and, without prejudice to subsection (4) of this section, the Authority shall before giving or withholding any approval required by virtue of paragraph (a) of this subsection have regard in particular to the extent to which their decision will affect the amount F16of the grants which will be needed to enable the Executive to comply with their obligation under section 11(1) of this Act. . .
F173
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The Authority, in exercising or performing any of their functions under this Part of this Act, shall have regard to the duty imposed on the Executive by subsection (1) of section 11 of this Act, F18. . .
C145
Any expenditure incurred by the Authority in performing their functions under this Part of this Act shall be defrayed by the Executive.
6
Notwithstanding anything in this Part of this Act, nothing done by the Executive for a F10passenger transport area shall be held to be unlawful on the ground that the approval of the Authority for that area to the doing of that thing was required by or under this Part of this Act and that it was done without obtaining that approval; but if it appears to the Authority that the Executive propose to do anything, or have done anything, without the approval of the Authority which in the opinion of the Authority requires that approval, the Authority may, after consultation with the Executive, give to the Executive such directions as appear to the Authority to be appropriate to secure so far as practicable the observance of the rights of the Authority in relation to the doing of that thing, and those directions may include directions to discontinue any specified activity or dispose of any specified assets; and the Executive shall comply with any such directions notwithstanding that they may result in the Executive having to dispose of any assets at a loss or incurring liability to other persons.
7
Any approval or direction given by the Authority in pursuance of this Part of this Act shall be given in writing.
E315 Further functions of Authority.
1
The Executive for a designated area shall submit to the Authority and obtain the Authority’s approval of—
a
any proposal for a major reorganisation of any transport services provided within or to and from that area;
b
all annual or other estimates of income and expenditure prepared by the Executive or any subsidiary of theirs;
c
any proposal for the development or extension of any services or facilities provided by the Executive or any subsidiary of theirs or provided in pursuance of arrangements with the Executive which involves a substantial outlay on capital account;
d
any agreement proposed to be entered into by the Executive otherwise than under section 20(2)(b) of this Act with the Railways Board F19or a wholly-owned subsidiary of that Board for the provision by the Board F19or the wholly-owned subsidiary of any railway passenger services within, or to and from, that area;
C152
The Executive shall obtain the approval of the Authority—
a
before making, or authorising or consenting to the making of, any alteration in the general level of charges for the transport services or facilities provided by the Executive or any subsidiary of theirs or provided by any person in pursuance of an agreement with the Executive under section 19(2) of this Act; and
b
subject to section138(1) of this Act, for any proposal of the Executive for reducing or waiving those charges in a particular case or cases of a particular class;
and, without prejudice to subsection (4) of this section, the Authority shall before giving or withholding any approval required by virtue of paragraph (a) of this subsection have regard in particular to the extent to which their decision will affect the amount to be raised by precepts or, in Scotland, requisitions under section 13 of this Act, and, in the case of services or facilities provided in pursuance of such an agreement as is mentioned in the said paragraph (a), to the terms of the agreement.
3
If the Authority are satisfied that a particular passenger transport service which the Executive have power to provide is required to meet the needs of their designated area, but the Executive are not willing to provide it or to arrange for its provision because they consider that the cost of providing it would be too high in relation to the contribution which it would make to the needs of the area, the Authority may give the Executive a direction requiring the Executive to provide or secure the provision of that service, and the Executive shall comply with that direction; but on giving any such direction the Authority shall, unless the Executive agree to the contrary in writing, give the Executive a written undertaking to issue a precept under section 13 of this Act to meet any cost incurred by the Executive in consequence of the direction.
4
The Authority, in exercising or performing any of their functions under this Part of this Act, shall have regard to the duty imposed on the Executive by subsection (1) of section 11 of this Act, to the provisions of subsection (4) of that section, and to any limit on capital expenditure by the Executive and their subsidiaries imposed by the Minister under the said subsection (4).
5
Any expenditure incurred by the Authority in performing their functions under this Part of this Act shall be defrayed by the Executive.
6
Notwithstanding anything in this Part of this Act, nothing done by the Executive for a designated area shall be held to be unlawful on the ground that the approval of the Authority for that area to the doing of that thing was required by or under this Part of this Act and that it was done without obtaining that approval; but if it appears to the Authority that the Executive propose to do anything, or have done anything, without the approval of the Authority which in the opinion of the Authority requires that approval, the Authority may, after consultation with the Executive, give to the Executive such directions as appear to the Authority to be appropriate to secure so far as practicable the observance of the rights of the Authority in relation to the doing of that thing, and those directions may include directions to discontinue any specified activity or dispose of any specified assets; and the Executive shall comply with any such directions notwithstanding that they may result in the Executive having to dispose of any assets at a loss or incurring liability to other persons.
7
Any approval or direction given by the Authority in pursuance of this Part of this Act shall be given in writing.
Pt. 2 amended (S.) by Local Government (Scotland) Act 1973 (c. 65), s. 150(2); modified (E.W.) by Local Government Act 1972 (c. 70), s. 202(3), Sch. 24 Pt. II and Transport Act 1983 (c. 10, SIF 126), s. 10(1)(a)(c)