Part IIU.K. Passenger Transport Areas

Modifications etc. (not altering text)

C2Power to modify Pt. 2 conferred (S.) by Local Government (Scotland) Act 1973 (c. 65), s. 150(3)

C3Pt.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 ExecutivesU.K.

9 Passenger Transport Areas, Authorities and Executives.E+W+N.I.

[F1(1)[F2Subject to any order under section 42(1)(c) of the Local Government Act 1985 (alteration or abolition of passenger transport areas, etc.)] for the purposes of this Part of this Act—

(a)each of the following areas, that is to say—

(i)in England and Wales, the metropolitan counties; and

[F3(ii)in Scotland, such area to be known as the Strathclyde Passenger Transport Area as the Minister may designate for the purposes of section 40 of the Local Government etc. (Scotland) Act 1994;]

shall be a passenger transport area;

(b)the Passenger Transport Authority for a passenger transport area (referred to below in this Part of this Act, in relation to that area, as “the Authority”) shall be—

(i)in relation to a passenger transport area in England and Wales, the metropolitan county [F4passenger transport authority for the county which is coterminous with or includes that passenger transport area]; and

[F5(ii)in relation to the Strathclyde Passenger Transport Area, the Strathclyde Passenger Transport Authority]

(c)the Passenger Transport Executive for a passenger transport area (referred to below in this Part of this Act, in relation to that area, as “the Executive") shall be

[F6(i)in England and Wales] the body which immediately before the date mentioned in paragraph (a) above was the Passenger Transport Executive for the designated area for the purposes of this Part of this Act corresponding to that passenger transport area; [F7and

(ii)in Scotland, the Strathclyde Passenger Transport Executive]

(2)The Executive for a passenger transport area consists of—

(a)a Director General appointed in accordance with Part II of Schedule 5 to this Act by the Authority; and

(b)not less than two nor more than eight other members so appointed by the Authority after consultation with the Director General.

(3)Subject to subsection (2) of this section and Part II of Schedule 5 to this Act, the Secretary of State may by order make with respect to the Executive for any passenger transport area—

(a)such provision with respect to any of the matters referred to in Part III of that Schedule; and

(b)such supplementary, incidental and consequential provision;

as appears to the Secretary of State to be necessary or expedient.

(4)Before making any order under subsection (3) of this section, the Secretary of State shall consult with the Passenger Transport Authority for the area and, where the area is in England and Wales, with the councils of the districts comprised in the [F8county which is coterminous with or includes that] area.]

(5)Each of the councils of [F9the districts comprised in [F10a county which is coterminous with or includes] a passenger transport area] and each of the following bodies namely, the Authority, the Executive and any subsidiary of the Executive, shall have power to enter into and carry out agreements with one another for the giving of assistance by that council to that body or, as the case may be, by that body to that council by way of making available to the assisted party any services or facilities provided by, or any property of, the assisting party.

(6)In relation to any area in Scotland or Wales, any reference to the Minister in any provision of this Part of this Act or Schedule 5. . . F11thereto other than [F12section 20(6) and (7)] shall be construed as a reference to the Secretary of State.

Textual Amendments

F1S. 9(1)–(4) substituted by Transport Act 1985 (c.67, SIF 126) s. 57(1)(a)

F3S. 9(1)(a)(ii) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(a); S.I. 1996/323, art. 4(1)(b)(c)

F4Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 58(2)(a)(ii)

F5S. 9(1)(b)(ii) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(b); S.I. 1996/323, art. 4(1)(b)(c)

F6Words inserted and words in s. 9(1)(c) renumbered as s. 9(1)(c)(i) (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(c)(i); S.I. 1996/323, art. 4(1)(b)(c)

F7S. 9(1)(c)(ii) and preceding word inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(c)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F9Words substituted (E.W.) by virtue of Transport Act 1985 (c. 67, SIF 126), s. 57(1)(b)

9 Passenger Transport Areas, Authorities and Executives.S

[F13(1)[F14Subject to any order under section 42(1)(c) of the Local Government Act 1985 (alteration or abolition of passenger transport areas, etc.)] for the purposes of this Part of this Act—

(a)each of the following areas, that is to say—

(i)in England and Wales, the metropolitan counties; and

[F3(ii)in Scotland, such area to be known as the Strathclyde Passenger Transport Area as the Minister may designate for the purposes of section 40 of the Local Government etc. (Scotland) Act 1994;]

shall be a passenger transport area;

(b)the Passenger Transport Authority for a passenger transport area (referred to below in this Part of this Act, in relation to that area, as “the Authority”) shall be—

(i)in relation to a passenger transport area in England and Wales, the metropolitan county [F15passenger transport authority for the county which is coterminous with or includes that passenger transport area]; and

[F5(ii)in relation to the Strathclyde Passenger Transport Area, the Strathclyde Passenger Transport Authority]

(c)the Passenger Transport Executive for a passenger transport area (referred to below in this Part of this Act, in relation to that area, as “the Executive") shall be

[F6(i)in England and Wales] the body which immediately before the date mentioned in paragraph (a) above was the Passenger Transport Executive for the designated area for the purposes of this Part of this Act corresponding to that transport area]

[F7and

(ii)in Scotland, the Strathclyde Passenger Transport Executive]

(2)The Executive for a passenger transport area consists of—

(a)a Director General appointed in accordance with Part II of Schedule 5 to this Act by the Authority; and

(b)not less than two nor more than eight other members so appointed by the Authority after consultation with the Director General.

(3)Subject to subsection (2) of this section and Part II of Schedule 5 to this Act, the Secretary of State may by order make with respect to the Executive for any passenger transport area—

(a)such provision with respect to any of the matters referred to in Part III of that Schedule; and

(b)such supplementary, incidental and consequential provision;

as appears to the Secretary of State to be necessary or expedient.

(4)Before making any order under subsection (3) of this section, the Secretary of State shall consult with the Passenger Transport Authority for the area and, where the area is in England and Wales, with the councils of the districts comprised in the [F16county which is coterminous with or includes that] area.

(5)Each of the councils [F17constituted under section 2 of the Local Government etc.(Scotland) Act 1994 whose area (or any part of whose area) falls within the Strathclyde Passenger Transport Area] and each of the following bodies namely, the Authority, the Executive and any subsidiary of the Executive, shall have power to enter into and carry out agreements with one another for the giving of assistance by that council to that body or, as the case may be, by that body to that council by way of making available to the assisted party any services or facilities provided by, or any property of, the assisting party.

(6)In relation to any area in Scotland or Wales, any reference to the Minister in any provision of this Part of this Act or Schedule 5. . . F18thereto other than [F19section 20(6) and (7)] shall be construed as a reference to the Secretary of State.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Extent Information

E1This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only.

Textual Amendments

F3S. 9(1)(a)(ii) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(a); S.I. 1996/323, art. 4(1)(b)(c)

F5S. 9(1)(b)(ii) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(b); S.I. 1996/323, art. 4(1)(b)(c)

F6Words inserted and words in s. 9(1)(c) renumbered as s. 9(1)(c)(i) (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(c)(i); S.I. 1996/323, art. 4(1)(b)(c)

F7S. 9(1)(c)(ii) and preceding word inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(2)(c)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F13S. 9(1)–(4) substituted by Transport Act 1985 (c.67, SIF 126) s. 57(1)(a)

F17Words in s. 9(5) substituted (S.) (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. I para. 2