Transport Act 1982

[F1 Part I U.K. The National Bus Company]

Textual Amendments

F1 Pt. I (ss. 1-7) repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

[F2 1 Bus Company’s powers of disposal. U.K.

(1) Without prejudice to any powers conferred on them by any other enactment, the National Bus Company (in this Part of this Act referred to as “the Bus Company”) shall have power to provide for the disposal, in such manner as they think fit, of—

(a) any shares in or other securities of one of their subsidiaries which are held by the Company or by another of their subsidiaries; or

(b) the whole or any part of the undertaking of, or any property, rights or liabilities of, any of their subsidiaries.

(2) The Bus Company shall not exercise their powers under subsection (1)(a) above except with the consent of the Secretary of State.

(3) In exercising their powers under subsection (1)(a) above the Bus Company may, with the consent of the Secretary of State, provide for employees’ share schemes to be established in respect of any of their subsidiaries; and any such scheme may provide for the transfer of shares without consideration.

(4) In this section “employees’ share scheme” means a scheme for encouraging or facilitating the holding of shares or debentures in a company by or for the benefit of—

(a) the bona fide employees or former employees of the company or of a subsidiary of the company; or

(b) the wives, husbands, widows, widowers or children or step-children under the age of eighteen of such employees or former employees.]

Textual Amendments

F2 Pt. I (ss. 1-7) repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

[F3 2 Provisions supplementary to section 1. U.K.

(1) For the purpose of facilitating the eventual disposal under section 1(1) of this Act of—

(a) any part of the undertaking of or any property, rights or liabilities of, the Bus Company, or

(b) the whole or any part of the undertaking of, or any property, rights or liabilities of, any of their subsidiaries;

the Company may exercise their powers to establish subsidiaries and to transfer property, rights and liabilities to subsidiaries, notwithstanding the provisions of any enactment which may be taken to limit the purposes for which those powers may be exercised.

(2) The Bus Company may also, for the purpose mentioned in subsection (1) above, make schemes for the transfer, between the Company and a wholly owned subsidiary of theirs or between one such subsidiary and another, of—

(a) any specified property, rights or liabilities; or

(b) all property, rights and liabilities comprised in a specified part of the transferor’s undertaking;

and a scheme under this subsection may contain such supplementary, incidental and consequential provisions as may appear to the Company to be necessary or expedient.

(3) Before making a scheme under subsection (2) above which provides for the transfer of rights and liabilities under contracts of employment, the Bus Company shall consult with persons appearing to them to represent the employees concerned.

(4) A scheme under subsection (2) above shall not come into force until it has been approved by the Secretary of State or until such date as the Secretary of State may, in giving his approval, specify; and the Secretary of State may approve a scheme either without modifications or with such modifications as, after consultation with the Bus Company, he thinks fit.

(5) On the coming into force of a scheme under subsection (2) above the property, rights and liabilities in question shall, subject to subsection (6) below, be transferred and vest in accordance with the scheme.

(6) Schedule 4 to the M1 Transport Act 1968 (supplementary provisions as to certain transfers of property, rights and liabilities) shall apply to any transfer under subsection (5) above subject to—

(a) any reference in that Schedule to a transfer by or a vesting by virtue of that Act being construed as a reference to a transfer by or a vesting by virtue of the scheme in question; and

(b) the reference in paragraph 13(5) of that Schedule to the relevant provisions of that Act being construed as a reference to the relevant provisions of this Act;

and that subsection shall have effect subject to the provisions of that Schedule.]

Textual Amendments

F3 Pt. I (ss. 1-7) repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

Marginal Citations

M1 1968 c. 73.

[F4 3 Powers of Secretary of State to give directions. U.K.

(1) The Secretary of State may give directions to the Bus Company requiring them to exercise their powers under sections 1 and 2 of this Act (including the powers extended by section 2(1) of this Act) for such purposes and in such manner as may be specified in the directions.

(2) Before giving a direction under this section the Secretary of State shall consult with—

(a) the Bus Company; and

(b) in the case of a direction requiring the Bus Company to exercise their powers under section 1 of this Act in relation to any of their subsidiaries, every county council in whose area that subsidiary provides bus services.

(3) It shall be the duty of the Bus Company (notwithstanding any duty imposed on them by section 24(2) or (3) of the M2 Transport Act 1968) to give effect to any directions given under this section.

(4) In section 27(8) of the M3 Transport Act 1962 (duty to make an annual report) after the words “this Act” there shall be inserted the words “or section 3 of the Transport Act 1982”.

(5) In this section—

• “bus services” has the same meaning as in the Transport Act 1968;

• “county council” includes the Greater London Council.]

Textual Amendments

F4 Pt. I (ss. 1-7) repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

Marginal Citations

M2 1968 c. 73.

M3 1962 c. 46.

[F5 4 Provision of services for related companies. U.K.

(1) The Bus Company may provide for any related company any of the services which they have power to provide for any of their subsidiaries.

(2) In this section and section 5 of this Act “related company” means a company as respects which the Bus Company have, or at any time have had, a beneficial interest (either directly or through nominees or subsidiaries) in not less than twenty per cent. of its issued ordinary share capital.]

Textual Amendments

F5 Pt. I (ss. 1-7) repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

[F6 5 Pensions for employees of related companies. U.K.

(1) The Secretary of State may make such orders under section 74 of the M4 Transport Act 1962 (power to make provision about pensions in the nationalised transport industry) in relation to related companies as he could make if those companies were subsidiaries of the Bus Company.

(2) In exercising with respect to any pension scheme the powers conferred by this section, the Secretary of State shall take into account any representations made by the persons administering the scheme.

(3) Except on the application of a related company which is not a subsidiary of the Bus Company, no order shall be made by virtue of this section which has the effect of placing the related company or any of its subsidiaries in any worse position; but for this purpose a related company or a subsidiary shall not be regarded as being placed in a worse position because an order provides that any changes in a pension scheme are not to be effected without the consent of the Secretary of State.

(4) An order such as is mentioned in subsection (3) above which is made without the application of the related company shall not be invalid because it does not have the effect of securing that the related company and its subsidiaries are not placed in any worse position, but except in so far as the related company approves the effect of the order the Secretary of State shall as soon as may be make the necessary amending order.

(5) Subsections (3) and (4) above have effect only in relation to orders made after such day as may be appointed for the purposes of this section by order made by the Secretary of State, and different days may be so appointed in relation to different related companies.

(6) Where an order (the “first order”) applying to a related company has been made under section 74 and at the time when it was made the related company was a subsidiary of the Bus Company, the order shall not apply to the related company when it ceases to be such a subsidiary except where an order made (at any time) by virtue of this section provides for the first order to continue to apply to the related company.

(7) An order made by virtue of this section may, in particular, authorise the Bus Company or any subsidiary of the Company—

(a) to transfer liabilities and obligations under a pension scheme in relation to some (but not all) of the participants in that scheme to another pension scheme (the “other scheme”); and

(b) to divide or apportion a pension fund held for the purposes of the scheme between that scheme and the other scheme.

(8) In this section “participant”, in relation to a scheme, means—

(a) in relation to a scheme under which benefits are or will be receivable as of right, a person who has pension rights under the scheme (whether he has contributed or not); and

(b) in relation to a scheme under which benefits are not or will not be receivable as of right, a person who (whether he is referred to in the scheme as a member, contributor or otherwise) has contributed under the scheme and has pension rights thereunder.]

Textual Amendments

F6 Pt. I (ss. 1-7) repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

Marginal Citations

M4 1962 c. 46.

[F7 6 Stamp duty on certain transactions. U.K.

(1) Stamp duty shall not be chargeable under section 47 of the M5 Finance Act 1973 in respect of—

(a) the formation of a subsidiary of the Bus Company; or

(b) any increase in the capital of such a subsidiary;

if the transaction concerned is certified by the Treasury as satisfying the requirements of subsections (2) and (3) below.

(2) A transaction satisfies the requirements of this subsection if it is effected solely for the purpose—

(a) of facilitating such an eventual disposal as is mentioned in section 2(1) of this Act; or

(b) of complying with a direction given by the Secretary of State under section 3(1) of this Act.

(3) A transaction satisfies the requirements of this subsection if it is entered into solely in connection with a transfer to be effected under section 2 of this Act, takes place on or before the transfer date and does not give rise to an excess of capital.

(4) For the purposes of subsection (3) above a transaction gives rise to an excess of capital if—

(a) in a case falling within subsection (1)(a) above the total issued capital of the subsidiary exceeds, on the transfer date, the total value of the assets less liabilities transferred; or

(b) in a case falling within subsection (1)(b) above, the aggregate amount of the increase of issued capital of the subsidiary exceeds, on that date, that total value;

and in this subsection “issued capital” means issued share capital or loan capital.]

Textual Amendments

F7 Pt. I (ss. 1-7) repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

Marginal Citations

M5 1973 c. 51.

[F8 7 Interpretation of Part I. U.K.

In this Part of this Act—

• “the Bus Company” means the National Bus Company; and

• “subsidiary” shall be construed in accordance with [F9 section 736 of the Companies Act 1985]] and “wholly owned subsidiary” shall be construed in accordance with [F9 section 736(5)(b)] of that Act.

Textual Amendments

F8 Pt. I (ss. 1-7) repealed (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

F9 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

Part II E+W+S Testing, Marking and Approval of Vehicles

Prospective

Provision for private-sector plating and testing E+W+S

8 Private-sector vehicle testing. E+W+S

(1) Subject to the following provisions of this section, the Secretary of State may authorise any person to conduct a business (referred to below in this Part of this Act as a vehicle testing business) which consists of or includes the exercise by any person in the course of that business of any of the functions specified in section 9 of this Act (which are concerned with the testing of goods vehicles and other vehicles and related matters, and are accordingly referred to below in this Part of this Act as the testing and surveillance functions).

(2) The Secretary of State may not under subsection (1) above authorise any person who is for the time being either—

(a) the holder of a goods vehicle operator’s licence granted under Part V of the M6 Transport Act 1968 [F10 or the Goods Vehicles (Licensing Operators) Act 1995]; or

(b) the holder of a PSV operator’s licence granted under Part II of the 1981 Act;

to carry on a vehicle testing business; and any authorisation granted to any person under that subsection shall cease if that person subsequently becomes the holder of any such licence.

(3) Any person authorised under subsection (1) above is referred to below in this Part of this Act as an approved testing authority.

(4) The Secretary of State may authorise any individual to exercise all or any of the testing and surveillance functions in the course of a vehicle testing business; and any individual so authorised is referred to below in this Part of this Act as an authorised inspector.

(5) The Secretary of State may authorise any individual to act under the direction of an authorised inspector for the purposes of or in connection with the exercise by that inspector in the course of a vehicle testing business of any of the testing and surveillance functions; and any individual so authorised is referred to below in this section as an approved assistant.

(6) Any authorisation granted under this section shall be subject to such conditions or limitations in any individual case as the Secretary of State may notify in writing to the person authorised on granting the authorisation or from time to time afterwards.

(7) Without prejudice to subsection (6) above—

(a) the Secretary of State may by regulations impose conditions to be complied with by approved testing authorities and approved assistants; and

(b) regulations made under any enactment relating to any of the testing and surveillance functions may impose conditions to be complied with by authorised inspectors in exercising any of those functions under the regulations.

(8) The Secretary of State may not without the consent of the person authorised withdraw any authorisation granted under this section except—

(a) for breach of any condition attached to the authorisation (whether under subsection (6) above or by regulations made under or by virtue of subsection (7) above); or

(b) in the case of an authorised inspector or approved assistant, for misconduct or incompetence or other reasonable cause.

(9) The Secretary of State may not—

(a) authorise any person under subsection (1) above to carry on a vehicle testing business; or

(b) give to an approved testing authority any notification under subsection (6) above which has the effect of extending the testing and surveillance functions which may be exercised in the course of the business carried on by that authority;

unless a document giving the required notice of his proposal to do so has been laid before and approved by a resolution of each House of Parliament.

(10) The notice required by subsection (9) above is—

(a) in a case within paragraph (a) of that subsection, a notice indicating that the Secretary of State proposes to authorise the person in question to carry on a vehicle testing business and specifying the testing and surveillance functions within the proposed terms of the authorisation;

(b) in a case within paragraph (b) of that subsection, a notice indicating that the Secretary of State proposes to extend the testing and surveillance functions which may be exercised in the course of the business carried on by the approved testing authority in question, and specifying the additional functions.

(11) The addition of any new functions to the testing and surveillance functions which may be exercised in the course of a vehicle testing business carried on by an approved testing authority is an extension of those functions for the purposes of this section (notwithstanding that other functions may be excluded from exercise in the course of that business at the same time as the new ones are added).

Textual Amendments

F10 Words inserted (1.1.1996) by 1995 c. 23, s. 60(1), Sch. 7 para. 8 (with ss. 54, 55); S.I. 1995/2181, art. 2.

Marginal Citations

M6 1968 c. 73.

9 The testing and surveillance functions. E+W+S

The functions referred to in section 8(1) of this Act are set out below in this section under the heading of the Act under which they arise (taking references to sections, unless otherwise indicated, as references to sections of that Act).

[F11 Functions under the 1988 Act]

F11 Any determination under regulations made under [F12 section 41] (construction and use regulations) of the suitability for operation in any particular manner (in terms of construction or design) of any public service vehicle (as defined by section 1 of the 1981 Act).

The carrying out or supervision of examinations and the issue or refusal of test certificates under regulations made under [F12 section 45] (periodical tests of vehicles not subject to goods vehicle tests).

The issue of certificates of temporary exemption under regulations made under [F12 section 48(4)] (exemption of certain public service vehicles from requirement of test certificate).

The carrying out or supervision of examinations and the issue or refusal of certificates under regulations made under [F12 section 49] (examinations for plating and periodical tests of satisfactory condition of certain goods vehicles).

The issue of certificates of temporary exemption under regulations made under [F12 section 53(5)(b)] (exemption from requirements with respect to plating certificates and goods vehicle test certificates).

The carrying out or supervision of, or the making of any requirement with respect to, the examination of a vehicle under regulations made under [F12 section 61] (regulations for the purposes of type approval requirements).

The cancellation, suspension or amendment, on any examination of a vehicle carried out under regulations made under [F12 section 61], of any certificate of conformity or Minister’s approval certificate for the vehicle.

[F13 The power of entry, inspection and detention of vehicles under section 68, but only in relation to vehicles brought to the place of inspection in pursuance of a direction given by a vehicle examiner or a constable under subsection (3) of that section.]

The functions under [F12 sections 69, [F14 69A,] 70 and 72] (imposition and removal of prohibitions on the driving of [F15 vehicles]), with the exception of imposing and removing prohibitions under [F12 section 70(2)] (vehicles exceeding weight limits).

Functions under the 1981 Act

The carrying out or supervision of examinations and the issue or refusal of certificates for the purposes of section 6(1)(a) (certificates of initial fitness for public service vehicles) under regulations made under subsection (1A) of that section.

F16 . . ..

The carrying out or supervision of examinations and the issue or refusal of certificates under section 10 (certificates of conformity to type for public service vehicles).

The carrying out or supervision of examinations under regulations made under section 20(2A) (examination of public service vehicles in certain circumstances in the event of failure, damage or alteration).

The determination under regulations made under section 26 (control of number of passengers) of the number of seated passengers and standing passengers respectively—

(a) that a vehicle is constructed or adapted or fit to carry; or

(b) that may be carried in a vehicle.

Functions under the Road Traffic (Foreign Vehicles) Act 1972

Any functions under sections 1 and 2 (imposition and removal of prohibitions on driving of foreign vehciles), so far as exercisable in, or on the removal or remedying of, any of the circumstances mentioned in paragraph (a) or (in relation to a contravention of any provision of, or of regulations under, [F17 the 1988 Act]) paragraph (b) of section 1(2).

Textual Amendments

F11 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 3(1)

F12 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 3(1)

F13 Words in s. 9 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 18(2)(a); S.I. 1992/1286, art. 2,Sch.

F14 Word in s. 9 inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 18(2)(b); S.I. 1992/1286, art. 2,Sch.

F15 Word in s. 9 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 18(2)(b); S.I. 1992/1286, art. 2,Sch.

F16 Paragraph in s. 9 repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 48, 83, Sch. 4 para. 18(3) and Sch.8; S.I. 1992/1286, art. 2,Sch.

F17 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 3(2)

10 Provisions supplementary to section 8. E+W+S

(1) To the extent that the terms of his authorisation so provide an authorised inspector shall have the duty to refuse any certificate or impose or remove any prohibition which he has power to refuse or (as the case may be) to impose or remove .

(2) In [F18 sections 45 and 46 of the 1988 Act] (tests of satisfactory conditions of vehicles other than goods vehicles to which [F18 section 49] applies)—

[F19 (a) in section 45(3) (persons who may carry out examinations under that section), after paragraph (a) there is inserted—

“(aa) any authorised inspector”,]

(b) in subsection 6(g) (keeping of registers of test certificates), after the words “authorised examiners” there shall be inserted the words “and, in the case of examinations carried out by authorised inspectors, by approved testing authorities”; and

(c) in subsection 6(h) (keeping of records), for the words “and authorised examiners” there shall be substituted the words “authorised examiners and approved testing authorities”.

[F20 (3) The words “or an authorised inspector” shall be inserted—

(a) in sections 51(1)(b) and 61(2)(a) of the 1988 Act, after the words “a vehicle examiner”, and

(b) in section 6(1)(a) and 10(2) of the 1981 Act, after the words “Act 1988”;

and the words “or authorised inspector” shall be inserted after the word “examiner” wherever occurring in section 69 of the 1988 Act.]

(4) In sections 1 and 2 of the M7 Road Traffic (Foreign Vehicles) Act 1972—

(a) the words “or an authorised inspector” shall be inserted after the words “an examiner” (in each place where they appear); and

(b) the words “or authorised inspector” shall be inserted after the words “the examiner” or “any examiner” (in each place where they appear).

F21 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In [F22 section [F23 68(1)] of the 1988 Act] (powers of entry and inspection), the following words shall be inserted at the end—

“ and an authorised inspector may exercise the powers given by paragraph (a) above in relation to any vehicle brought to the place of inspection in pursuance of a direction under subsection [F23 (3)] below ”.

(7) The words “or the prescribed testing authority” shall be inserted after the words “Secretary of State”—

(a) in section 45(6)(a)(ii) and (d) of the 1972 Act (requirements with respect to the notification of alterations of goods vehicles to the Secretary of State and the specification of alterations required to be so notified in plating certificates);

(b) in section 46(3) of that Act (offence to use vehicle where alteration not notified as required by regulations under section 45); and

(c) in section 51(3) of that Act (offence to use vehicle where alteration not notified as required by regulations or directions under section 48);

and after those words (in the second place where they occur) in each of subsections (2), (3) and (4) of section 48 of that Act (requirements and directions with respect to the notification of alterations relevant to type and approval or plated weights).

(8) In section 6 of the 1981 Act (certificates of initial fitness required for use as public service vehicles), the following subsection shall be inserted after subsection (1)—

“(1A) F24 . . . Regulations may make provision with respect to the examination of vehicles for the purposes of subsection (1)(a) above by or under the direction of authorised inspectors and the issue or refusal of certificates of initial fitness by such inspectors on any such examinations.”.

(9) In section 20 of that Act (duty of PSV operator to give information about his public service vehicles to traffic commissioners who granted his licence)—

(a) for the words “to the traffic commissioners who granted the licence” in both subsections (1) and (2) (which relate respectively to failure or damage affecting safety and to structural alterations of vehicles) there shall be substituted the words “in accordance with regulations made by virtue of subsection (2A) below”; and

(b) the following subsection shall be inserted after subsection (2)—

“(2A) Regulations may make provision—

(a) for any report or notice required under subsection (1) or (2) above to be made or given to the Secretary of State or to the prescribed testing authority;

(b) for requiring a public service vehicle to be submitted for examination in the event of any such failure or damage as is mentioned in subsection (1) above or any such alteration as is mentioned in subsection (2) above; and

(c) for the examinations to be carried out under the regulations and, in particular, for authorising any such examination to be carried out by or under the direction of a [F25 an examiner appointed under section 66A of the Road Traffic Act 1988] or an authorised inspector.”.

(10) References in any regulations made under any enactment relating to any of the testing and surveillance functions before this section comes into operation to a [F26 vehicle examiner] shall be read as including an authorised inspector authorised to exercise the function in question.

(11) Subject to the qualification mentioned below, regulations made under—

[F27 (a) section 45, section 49 or section 61 of the 1988 Act; or]

(b) section 6(1A), 10(4) or 20(2A) of the 1981 Act;

may include provision for the purpose of securing that private-sector examinations are properly carried out in accordance with the regulations, including (but without prejudice to the generality of the preceding provision) provision for the supervision or review of private-sector examinations by persons authorised for the purpose by or under the regulations.

No person other than an officer of the Secretary of State may be authorised by or under regulations so made to supervise or review an examination carried out in the course of a vehicle testing business carried on by a person other than his own employer.

In this subsection “private-sector examination” means, in relation to an examination under regulations so made, an examination carried out by or under the direction of an authorised inspector.

(12) Without prejudice to any existing power of the Secretary of State to determine the premises at which examinations under [F28 sections 45 or 49 of the 1988 Act] may be carried out—

(a) the Secretary of State may designate premises as stations where examinations of vehicles of any description subject to examination under either of those sections may be carried out; and

(b) regulations under either of those sections may require or authorise examinations of vehicles of any description specified in the regulations to be carried out at premises for the time being designated under this section as premises at which examinations of vehicles of that description may be carried out.

Textual Amendments

F18 Words in s. 10(2) substituted (15.5.1989) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 4(1)(a)(b)

F19 S. 10(2)(a) substituted (15.5.1989) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 4(1)(c)

F20 S. 10(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, and Sch. 4 para. 19(2); S.I. 1992/1286, art. 2,Sch.

F21 S. 10(5) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8; S.I. 1992/1286, art. 2,Sch.

F22 Words in s. 10(6) substituted (15.5.1989) by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 4(3)

F23 Words in s. 10(6) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 19(3); S.I. 1992/1286, art. 2,Sch.

F24 Words in s. 10(8) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8; S.I. 1992/1286, art. 2,Sch.

F25 Words in s. 10(9) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 19(4); S.I. 1992/1286, art. 2,Sch.

F26 Words in s. 10(10) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 19(5); S.I. 1992/1286, art. 2,Sch.

F27 S. 10(11)(a) substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 4(5)

F28 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 4(6)

Modifications etc. (not altering text)

C1 The text of s. 10(2)–(9) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as indicated, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M7 1972 c. 27.

11 Approval of public service vehicles as type vehicles by prescribed testing authority. E+W+S

(1) In section 10 of the 1981 Act (approval of public service vehicle as a type vehicle and issue of certificates of conformity to type)—

(a) in subsections (1) and (2), after the words “the Secretary of State” there shall be inserted the words “or the prescribed testing authority”;

(b) in subsection (1), for the word “he” there shall be substituted the words “the Secretary of State or that authority”; and

(c) in subsection (3), for the words from the beginning to “approval of a type vehicle” there shall be substituted the words “Approval of a type vehicle (whether given by the Secretary of State or the prescribed testing authority) may at any time be withdrawn by either of them”.

(2) At the end of that section there shall be inserted the following subsection—

“(4) Regulations may make provision with respect to—

(a) the examination of vehicles for the purposes of this section by or under the direction of authorised inspectors;

(b) the approval of vehicles as type vehicles by the prescribed testing authority on such examinations, or the withdrawal of such approval by that authority on such examinations;

(c) the issue or refusal of certificates under subsection (2) above by authorised inspectors; and

(d) the authorisation by the prescribed testing authority of persons to make declarations under subsection (2) above.”.

Modifications etc. (not altering text)

C2 The text of ss. 10(2)–(9), 11, 18, 19(1)(3), 20, 21(3)–(5), 22, 23(3)(4), 24, 65, 67, 68, Sch. 4, Sch. 5 paras. 17(2), 20, 21–23 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

12 Inspections by authorised inspectors in connection with international conventions. E+W+S

(1) The Secretary of State may by regulations make provision for the exercise by authorised inspectors, subject to the terms of their authorisations, of such functions in connection with the inspection and certification of vehicles under the TIR Convention and the ADR Convention as may be specified in the regulations.

(2) The Secretary of State may designate premises as stations where inspections under the TIR Convention and the ADR Convention may be carried out.

(3) Regulations under this section may provide for fees to be charged in connection with the inspection and certification by authorised inspectors of vehicles under the TIR Convention and the ADR Convention.

(4) In this section—

• “the TIR Convention” means the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (Geneva, 14th November 1975); and

• “the ADR Convention” means the European Agreement Concerning the International Carriage of Dangerous Goods by Road (Geneva, 30th September 1957).

13 Investment by the Secretary of State in Government-controlled company interested in former Government testing stations. E+W+S

(1) Subject to subsection (2) below, the Secretary of State may at any time, with the consent of the Treasury, incur expenditure for or in connection with—

(a) making loans to any company with a present or prospective interest in Government testing station assets on such terms and conditions as he may with the consent of the Treasury determine; or

(b) acquiring shares in or other securities of any such company.

(2) The company must be a company [F29 as defined in section 1(1) of the Companies Act 2006] in which the Secretary of State holds a controlling interest.

(3) The Secretary of State may not dispose of any shares or other securities acquired by virtue of this section without the consent of the Treasury.

(4) The Secretary of State may, with the consent of the Treasury, remit in whole or in part the liability of any company in respect of loans made to the company by virtue of this section.

(5) So long as the Secretary of State holds a controlling interest in any such company as is mentioned in subsection (1)(a) above—

(a) he shall, as soon as practicable after any annual accounts of that company are laid before the company in general meeting, lay copies of those accounts and of any documents annexed or attached to those accounts before each House of Parliament; and

(b) he shall secure that the Comptroller and Auditor General is accorded any facilities he may from time to time require for inspecting any accounts or accounting records of that company.

(6) Any expenses incurred by the Secretary of State in consequence of the provisions of this section shall be paid out of money provided by Parliament.

(7) Any sums received by the Secretary of State as interest on or in repayment of loans made to any company by virtue of this section or in right of, or on the disposal of, any shares or other securities acquired by virtue of this section shall be paid into the Consolidated Fund.

(8) In this section “annual accounts” means, in relation to any company, accounts prepared in respect of any accounting reference period of the company under [F30 Part 15 of the Companies Act 2006] ; and for the purposes of this section a company—

(a) shall be taken to have a present or prospective interest in Government testing station assets if it holds any estate or interest in or right over former testing station land or owns any former testing station property, or if the Secretary of State proposes to transfer or grant to the company any estate or interest in or right over testing station land or (as the case may be) to transfer to the company any testing station property; and

(b) is one in which the Secretary of State holds a controlling interest if more than one-half of its voting shares are owned by the Secretary of State or by nominees on his behalf.

(9) In subsection (8) above—

(a) in paragraph (a) “testing station land” means land held by the Secretary of State as or as part of a goods vehicle testing station provided by the Secretary of State under [F31 section 52(2) of the 1988 Act], and “testing station property” means property owned by the Secretary of State for use at any such station; and

(b) in paragraph (b) “voting shares” means shares in the company of a class carrying rights to vote in all circumstances at general meetings of the company.

Textual Amendments

F29 Words in s. 13(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 52(a) (with art. 10)

F30 Words in s. 13(8) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 52(b) (with art. 10)

F31 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 5

14 Exclusion of security of tenure in case of premises used for vehicle testing business. E+W+S

(1) Part II of the M8 Landlord and Tenant Act 1954 (which gives security of tenure to business tenants) shall not apply to a tenancy granted by the Secretary of State in any case where the property comprised in the tenancy is or includes premises which, in accordance with any agreement relating to the tenancy (whether contained in the instrument creating the tenancy or not) are to be occupied for the purposes of a vehicle testing business.

(2) No enactment or rule providing for relief against forfeiture in case of non-payment of rent or breach of any other covenant or condition shall apply to any such tenancy.

(3) In this section “tenancy” has the same meaning as in the Landlord and Tenant Act 1954, and the reference in subsection (1) above to a tenancy granted by the Secretary of State shall be construed accordingly.

Marginal Citations

M8 1954 c. 56.

15 Consultation with representative bodies. E+W+S

(1) Before taking any decision affecting any of the matters mentioned in subsection (2) below the Secretary of State shall consult with such organisations appearing to him to be representative of persons engaged in the road transport industry as he thinks fit.

(2) The matters in question are—

(a) the person or persons to whom it is appropriate for the Secretary of State or any company in which he holds a controlling interest (within the meaning of section 13 of this Act) to transfer or grant any estate or interest in or right over any testing station land or former testing station land, or to transfer any testing station property or former testing station property;

(b) the terms on which any such transfer or grant is to be made;

(c) the conditions to be complied with by approved testing authorities (generally or in any particular case) and the variation or cancellation of any such conditions;

(d) the arrangements to be made by the Secretary of State for ensuring the maintenance of proper standards with respect to any examinations carried out in the exercise in the course of an approved testing authority’s business of any of the testing and surveillance functions;

(e) the withdrawal of, or the imposition of any limitation on, the authorisation of an approved testing authority;

(f) the designation of premises as testing stations and the withdrawal of any such designation; and

(g) the fees to be charged in respect of examinations carried out in the exercise in the course of an approved testing authority’s business of any of the testing and surveillance functions.

(3) In subsection (2)(a) above “testing station land” and “testing station property” have the meanings given by section 13(9)(a) of this Act.

(4) Without prejudice to the generality of subsection (2)(c) above, the following in particular are subject to the consultation requirement under subsection (1) above, that is to say, any decision with respect to the conditions of authorisation of any approved testing authority which relate to the number or situation of any designated testing stations the authority is to be required for the time being to operate.

(5) The reference in subsection (2)(f) above to the designation of premises as testing stations is a reference to the designation of premises under section 10(12) or 12(2) of this Act.

Miscellaneous and supplemental E+W+S

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32 E+W+S

Textual Amendments

F32 S. 16 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3

X1 17 Determination of plated weights by prescribed testing authority for vehicles subject to type approval. E+W+S

(1) In section 47 of the 1972 Act (type approval)—

(a) in subsections (6), (7)(b) and (10)(a), after the words “the Secretary of State” there shall be inserted the words “or the prescribed testing authority”; and

(b) in subsection (6), for the word “he” there shall be substituted the words “the Secretary of State or that authority”.

(2) The following section shall be substituted for section 49 of the 1972 Act (appeals)—

“49 Appeals.

(1) A person aggrieved by a determination made on behalf of the Secretary of State with respect to a type approval certificate, a certificate of conformity or Minister’s approval certificate under section 47 or 48 of this Act, including any determination with respect to design weights or plated weights, may appeal to the Secretary of State.

(2) A person aggreived by a determination made by the prescribed testing authority with respect to the plated weights for any goods vehicle may appeal to the Secretary of State.

(3) Any appeal under this section must be made within the prescribed time and in the prescribed manner; and on any such appeal the Secretary of State shall have—

(a) in a case within subsection (1) above, the like powers and duties as he has on an original application for a type approval or Minster’s approval certificate or in respect of the plated weights to be included in a certificate of conformity; and

(b) in a case within subsection (2) above, the like powers and duties as he would have had if the application in respect of the plated weights for the goods vehicle concerned had been made to him.

(4) The Secretary of State may hold an inquiry in connection with any appeal under this section and may appoint an assessor for the purpose of assisting him with the appeal or any such inquiry.”.

F33 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 50 of that Act (regulations for the purposes of sections 47 to 49A and supplementary provisions), the following subsection shall be inserted after subsection (1)—

“(1A) Without prejudice to the generality of subsection (1) above, regulations made under this section for the purposes of sections 47 to 49A of this Act may provide—

(a) for the fees to be payable on any application for a determination by the prescribed testing authority of any plated weights for a goods vehicle; and

(b) for the issue by the prescribed testing authority of plates for marking on goods vehicles any plated weights, whether determined by that authority or not (including in particular the issue of such plates on behalf of the Secretary of State for the purposes of section 47(8)) and for the fees to be payable to that authority for the issue of any such plates.”;

and in subsection (4)(a) of that section, for the words “subsection (1) above” there shall be substituted the words “this section”.

Editorial Information

X1 The text of s. 17 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F33 S. 17(3) repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3–5, Sch. 1 Pt. I, Sch. 2 Pt. I para. 6(3), Sch. 4 paras. 1–3

18 Alteration of plated weights for goods vehicles without examination. E+W+S

The following section shall be inserted after section 51 of the 1972 Act—

“51A Alteration of plated weights for goods vehicles without examination

(1) The Secretary of State may by regulations make provision—

(a) for the determination, in such circumstances as may be prescribed, of the plated weights (or any of the plated weights) for goods vehicles of any prescribed class otherwise than on examination under regulations made under section 45 or 50 of this Act; and

(b) for the amendment of any approval certificate in force in respect of a vehicle of any such class so as to specify the weights determined for that vehicle under the regulations in place of any weights superseded by those weights or the cancellation of any such certificate and the issue in place of it of a different certificate specifying the weights so determined in place of any weights so superseded.

(2) Any person aggreived by a determination of plated weights for a goods vehicle under regulations made under this section may appeal to the Secretary of State and on the appeal the Secretary of State shall cause the vehicle to be examined by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.

(3) Without prejudice to the generality of subsection (1) above, regulations under this section—

(a) may provide for the determination of any plated weights for a goods vehicle under the regulations to be made by the Secretary of State or by the prescribed testing authority;

(b) may contain the like provisions with respect to any appeal brought by virtue of subsection (2) above and any examination on any such appeal as may be contained in any regulations made by virtue of paragraphs (c), (g) and (h) of section 45(6) of this Act in relation to an appeal under subsection (3) of that section and any examination on any such appeal;

(c) may specify the manner in which, and the time before or within which, applications may be made for the determination of plated weights of vehicles under the regulations, and the information to be supplied and documents to be produced on any such application;

(d) may make provision as to fees to be paid on any such application;

(e) may provide for the issue of replacements for any plates fixed to a vehicle specifying weights superseded by weights specified in an approval certificate amended under the regulations or in any certificate issued under the regulations in place of an approval certificate, and for the payment of a fee for their issue; and

(f) may make different provision for different cases.

(4) In this section “approval certificate” means a plating certificate and any certificate of conformity or Minister’s approval certificate specifying any plated weights.

(5) Any certificate issued in respect of a goods vehicle under regulations made under this section in replacement of an approval certificate of any description mentioned in subsection (4) above—

(a) shall be in the form appropriate for an approval certificate of that description;

(b) shall be identical in content with the certificate it replaces, save for any alterations in the plated weights authorised by the regulations; and

(c) shall be treated for the purposes of this Part of this Act (including this section) and any regulations made under any provision of this Part of this Act as if it were the same certicificate as the certificate it replaces;

and any plate so issued in replacement of a plate fixed to the vehicle under section 47 of this Act shall, when fixed to the vehicle, be treated as so fixed under that section.”.

Modifications etc. (not altering text)

C3 The text of ss. 10(2)–(9), 11, 18, 19(1)(3), 20, 21(3)–(5), 22, 23(3)(4), 24, 65, 67, 68, Sch. 4, Sch. 5 paras. 17(2), 20, 21–23 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Commencement Information

I1 S. 18 wholly in force: S. 18 not in force at royal assent, see s. 76(2); wholly in force (1.8.1996) by S.I. 1996/1943, art. 2.

Prospective

F34 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F34 S. 19 repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8; S.I. 1992/1286, art. 2,Sch.

[F35 20 Amendment of section 72 of 1988 Act. E+W+S

In section 72 of the 1988 Act (removal of prohibitions) after the word “constable” in each place where it occurs in subsections (1), (5) and (7), there shall be inserted the words “or authorised inspector”.]

Textual Amendments

F35 S. 20 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.20; S.I. 1992/1286, art. 2,Sch.

Prospective

21 Amendments with respect to appeals. E+W+S

(1) Any examination of a vehicle on an appeal to the Secretary of State under [F36 section 45(4) of the 1988 Act] (appeal against refusal of test certificate) shall be carried out by an officer of the Secretary of State; and accordingly, in [F36 section 45(5) of that Act], after the word “made” there shall be inserted the words “by an officer of the Secretary of State appointed by him for the purpose”.

F37 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38 (4) In section 51 of that Act (appeals to the Secretary of State)—

(a) in subsection (1) after the words “examiner” there shall be inserted the words “ or an authorised inspector ”

(b) after subsection (1) there shall be inserted the following subsections—

“(1A) A person aggrieved by the refusal of the prescribed testing authority to approve a vehicle as a type vehicle under section 10 of this Act or by the withdrawal by that authority under that section of such approval may appeal to the Secretary of State

(1B) On any appeal under subsection (1A) above, the Secretary of State shall cause an examination of the vehicle concerned to be made by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.”; and

(c) in subsection (4) after the words “examiner” in both places where it occurs there shall be inserted the words “ prescribed testing authority or authorised inspector concerned ”]

F39 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 10(a)

F37 S. 21(2)(3) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.

F38 S. 21(4) substituted (1.7.1992) By Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 21; S.I. 1992/1286, art. 2, Sch.

F39 S. 21(5) repealed (1.1.1996) by 1994 c. 40, s. 81, Sch. 17; S.I. 1995/2835, art. 2.

Prospective

22 Fees on the notification of alterations notifiable under section 45 or 48 of the 1972 Act. E+W+S

(1) The following paragraph shall be inserted after paragraph (a) of section 45(6) of the 1972 Act (specific matters with which regulations under that section may deal)—

“(aa) require the payment of a fee on any notification of any alteration to a vehicle or its equipment which is required by the regulations to be notified to the Secretary of State or the prescribed testing authority;”

(2) For paragraph (d) of section 50(1) of that Act (power to make provision in relation to examinations, etc., following the notification of alterations notifiable under section 48 of that Act corresponding to provision authorised under certain paragraphs of section 45(6)) there shall be substituted the following paragraph—

“(d) may contain the like provisions with respect to any notification of any such alteration as is mentioned in paragraph (a) above, with respect to any examination of any vehicle in pursuance of regulations made by virtue of that paragraph and with respect to any appeal brought by virtue of paragraph (c) above as may be contained in regulations made by virtue of paragraphs (aa), (b), (c), (g) and (h) of section 45(6) of this Act in relation to the notifications, examinations and appeals there mentioned;”

Prospective

23 Forgery and misuse of documents etc. E+W+S

(1) A person who, with intent to deceive—

(a) uses or lends to, or allows to be used by, any other person, a document evidencing the authorisation of a person as an authorised inspector; or

(b) makes or has in his possession any document so closely resembling a document evidencing such an authorisation as to be calculated to deceive; or

(c) in Scotland, forges or alters a document evidencing such an authorisation;

shall be liable—

(i) on conviction on indictment, to imprisonment for a term not exceeding two years;

(ii) on summary conviction, to a fine not exceeding the statutory maximum.

F40 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X2 (3) In section 169 of the 1972 Act (forgery of documents etc.), in subsection (2) the following paragraphs shall be inserted after paragraph (c)—

“(cc) any notice removing a prohibition under section 57 of this Act;”

F41 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X2 The text of ss. 10(2)–(9), 11, 18, 19(1)(3), 20, 21(3)–(5), 22, 23(3)(4), 24, 65, 67, 68, Sch. 4, Sch. 5 paras. 17(2), 20, 21–23 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F40 S. 23(2) repealed (5.11.1993) by 1993, c. 50, s. 1(1), Sch. 1, Pt. XIV

F41 S. 23(4) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1992/1286, art. 2, Sch.

Prospective

X3 24 Falsification of documents. E+W+S

(1) The following section shall be substituted for section 171 of the 1972 Act (issue of false documents)—

“171 Falsification of documents.

(1) A person shall be guilty of an offence who issues—

(a) any such document as is referred to in paragraph (a) or (b) of section 170(6) of this Act;

(b) a test certificate, plating certificate, goods vehicle test certificate or certificate or certificate of conformity;

(c) a certificate of temporary exemption under regulations made under section 44(10A) or 46(5)(b) of this Act; or

(d) a notice removing a prohibition under section 57 of this Act;

if the document or certificate so issued is to his knowledge false in a material particular.

(2) A person who amends a certificate of conformity shall be guilty of an offence if the certificate as amended is to his knowledge false in a material particular.

(3) Expressions used in subsections (1)(b) and (2) above have the same meanings as they have respectively have for the purposes of Part II of this Act.”.

(2) In section 173(2) of that Act (seizure of documents etc. suspected of being false)—

[F42 (a) in subsection (4) after the words ”of this Act” there shall be inserted the words ”or an authorised inspector appointed under section 8 of the Transport Act 1982”;]

(b) in paragraph (b), after the words “plating certificates” there shall be inserted the words “notices removing prohibitions under section 57 of this Act”.

(3) In Part I of Schedule 4 to the 1972 Act (prosecution and punishment of offences)—

(a) in column one of the entry relating to section 171, for “171” there shall be substituted “171(1)”; and

(b) after that entry there shall be inserted the following entry—

“171(2)

Falsely amending certificate of conformity.

Summarily.

£500.

Section 180 applies.”.

(4) The following section shall be inserted after section 66 of the 1981 Act—

“66A Issue of false documents.

(1) If a person issues—

(a) a certficate of initial fitness under section 6 of this Act; or

(b) a notice removing a prohibition under section 9(1) of this Act;

which he knows to be false in a material particular, he shall be liable on summary conviction to a fine not exceeding £500.

(2) If a constable, [F43 an examiner appointed under section 66A of the Road Traffic Act 1988] or an authorised inspector has reasonable cause to believe that a document produced to him or carried on a vehicle by its driver is a document in relation to which an offence has been committed under this section, he may seize the document.

(3) The power to seize a document under subsection (2) above includes power to detach a document carried on a vehicle from the vehicle.”.

Editorial Information

X3 The text of s. 24 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F42 S. 24(2)(a) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 48, Sch. 4 para. 22(2); S.I. 1992/1286, art. 2,Sch.

F43 Words in s. 24(4) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 22(3); S.I. 1992/1286, art. 2,Sch.

Prospective

25 Impersonation of authorised inspector. E+W+S

A person who, with intent to deceive, falsely represents himself to be an authorised inspector shall be liable on summary conviction to a fine not exceeding [F44 level 3 on the standard scale].

Textual Amendments

F44 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

Prospective

26 Interpretation of Part II. E+W+S

In this Part of this Act—

• “the M9 1981 Act” means the Public Passenger Vehicles Act 1981;

• [F45 “the 1988 Act” means the Road Traffic Act 1988]

• “approved testing authority” and “authorised inspector” have the meanings respectively given by section 8(3) and (4) of this Act;

• “business” includes any activity carried on by a body of persons, whether corporate or unincorporate;

• “goods vehicle” has the meaning given by [F46 section 192 of the 1988 Act];

• [F47 “vehicle examiner” means an examiner appointed under section 66A of the 1988 Act.]

• “vehicle testing business” has the meaning given by section 8(1) of this Act;

and references to the testing and surveillance functions are references to the functions specified in section 9 of this Act.

Textual Amendments

F45 Words inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 14(a)

F46 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 Pt. I para. 14(b)

F47 Definition in s. 26 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.23; S.I. 1992/1286, art. 2,Sch.

Marginal Citations

M9 1981 c. 14.

Part III E+W+S Fixed penalties

27—51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48 E+W+S

Textual Amendments

F48 Pt. III (ss. 27–51) repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3

Part IV U.K. Miscellaneous and Supplemental

Environmental control of goods vehicle operating centres E+W+S

F49 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F49 S. 52 repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2.

Immobilisation of vehicles illegally parked E+W+S

53—55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50 E+W+S

Textual Amendments

F50 Ss. 53–55 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

Miscellaneous U.K.

56—60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51 E+W+S

Textual Amendments

F51 Ss. 56–60 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3

61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52 E+W+S

Textual Amendments

F52 S. 61 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53 E+W+S

Textual Amendments

F53 S. 62 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

63, 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54 E+W+S

Textual Amendments

F54 Ss. 63, 64 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3

65 Marking of builders’ skips. E+W+S

In section 139 of the M10 Highways Act 1980 (control of builders’ skips), at the end of subsection (4)(a) (duty of owner of skip deposited on highway to secure that it is properly lighted) there shall be inserted the following words “and, where regulations made by the Secretary of State under this section require it to be marked in accordance with the regulations (whether with reflecting or fluorescent material or otherwise), that it is so marked”.

Modifications etc. (not altering text)

C4 The text of ss. 10(2)–(9), 11, 18, 19(1)(3), 20, 21(3)–(5), 22, 23(3)(4), 24, 65, 67, 68, Sch. 4, Sch. 5 paras. 17(2), 20, 21–23 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M10 1980 c. 66.

Prospective

66 Powers exercisable in relation to harbour authorities in the interests of national defence. U.K.

(1) If it appears to the Secretary of State that there is anything which a harbour authority ought in the interests of national defence—

(a) to have power to do in connection with any harbour which they are engaged in improving, maintaining or managing; or

(b) to be required to do in connection with any such harbour;

he may authorise or direct the authority to do that thing.

(2) No limitation on the powers of a harbour authority contained in any statutory provision, whenever passed or made, shall prevent the authority from acting in accordance with an authorisation or direction given under subsection (1) above.

(3) A harbour authority or any other person who suffers injury, loss or damage in consequence of anything done in pursuance of an authorisation or direction given under subsection (1) above shall be entitled to receive from the Secretary of State such compensation as may be agreed or as may, in default of agreement, be determined by arbitration to be just having regard to all the circumstances of the particular case.

(4) An arbitration under subsection (3) above shall, unless otherwise agreed, be the arbitration—

(a) in England and Wales or Northern Ireland, of a single arbitrator to be appointed by the Lord Chancellor; and

(b) in Scotland, of a single arbiter to be appointed by the Lord President of the Court of Session.

(5) Any compensation payable by the Secretary of State under this section shall be paid out of money provided by Parliament.

(6) Any authorisation or direction given to a harbour authority by the Secretary of State under subsection (1) above shall be in writing; and it shall be the duty of any harbour authority to comply with any directions given to them under that subsection.

(7) In this section “harbour”, “harbour authority” and “statutory provision” have—

(a) in relation to England, Wales and Scotland, the same meaning as in the M11 Harbours Act 1964; and

(b) in relation to Northern Ireland, the same meaning as in the M12 Harbours Act (Northern Ireland) 1970.

Marginal Citations

M11 1964 c. 40.

M12 1970 c. 1 (N.I.)

67 Extended pension provision for members of transport Boards U.K.

In paragraph 8 of Schedule 1 to the M13 Transport Act 1962 (salaries, pensions etc. of members of Boards of nationalised transport industries), in sub-paragraph (1)(b) (Minster may determine pensions to be paid on retirement or death of members of Boards), for the words “on retirement or death” there shall be substituted the words “in the case”.

Modifications etc. (not altering text)

C5 The text of ss. 10(2)–(9), 11, 18, 19(1)(3), 20, 21(3)–(5), 22, 23(3)(4), 24, 65, 67, 68, Sch. 4, Sch. 5 paras. 17(2), 20, 21–23 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M13 1962 c. 46.

68 Refusal or withdrawal of disabled persons’ badges. E+W+S

In section 21 of the M14 Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons) after subsection (7) there shall be inserted the following subsection—

“(7A) Where the prescribed conditions are met in the case of any person, then—

(a) if he applies to a local authority for the issue of a badge under this section, the authority may by notice refuse the application; and

(b) if he holds a badge issued under this section by the authority, the authority may by notice require him to return the badge to them.

The conditions that may be prescribed for the purposes of this susbection are conditions relating to the misuse of badges issued under this section.

(7B) A notice under subsection (7A) above may be given by post.

(7C) A person whose application is refused under subsection (7A) above or who is required to return his badge under that subsection may, within the prescribed time, appeal to the Secretary of State who may confirm or reverse the decision of the local authority; and, if he reverses it, the authority shall issue a badge accordingly or, as the case may be, the requirement to return the badge shall cease to have effect.

(7D) A badge which is required to be returned to the issuing authority by virtue of subsection (6) above may not be displayed on any vehicle; and a badge which is required to be returned by virtue of a notice under subsection (7A) above shall be returned within the prescribed time and may not be displayed on any vehicle after that time.

(7E) Regulations under this section may provide for the procedure to be followed in connection with appeals under subsection (7C) above; but the Secretary of State shall consult with the Council on Tribunals before making regulations that so provide.”.

Modifications etc. (not altering text)

C6 The text of ss. 10(2)–(9), 11, 18, 19(1)(3), 20, 21(3)–(5), 22, 23(3)(4), 24, 65, 67, 68, Sch. 4, Sch. 5 paras. 17(2), 20, 21–23 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M14 1970 c. 44.

69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55 E+W+S

Textual Amendments

F55 S. 69 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

70 Payments in respect of applicants for exempting from wearing seat belts. E+W+S

(1) The Secretary of State may make payments out of money provided by Parliament in respect of the examination of applicants falling within any class mentioned in subsection (2) below, being applicants for medical certificates required as a condition of any exception prescribed by regulations under section 33A or 33B of the 1972 Act (wearing of seat belts).

(2) The classes referred to in subsection (1) above are—

(a) those in receipt of—

(i) attendance allowance under section [F56 64 of the Social Security Contributions and Benefits Act 1992];

[F57 (iA) a disability living allowance under section [F58 71]] of that Act;

F59 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) disablement pension under section [F60 103] of that Act at a weekly rate increased by virtue of section [F60 104(1)] of that Act (constant attendance needed); or

(iv) an allowance under article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order M15 1978 (constant attendance allowance);

[F61 (v) mobility supplement under a scheme made under the Personal Injuries (Emergency Provisions) Act 1939 or under an Order in Council made under section 12 of the Social Security (Miscellaneous Provisions) Act 1977 (war pensioners mobility supplement); or

(vi) a disability pension paid by the Secretary of State for Defence on account of disability attributable to injury sustained after 30th September 1921 but before 3rd September 1939 together with a mobility supplement paid under the Naval and Marine Pay and Pensions (Disablement Awards) (No. 2) Order 1984 or under Royal Warrant dated 30th December 1949 or under Queen’s Regulations for the Royal Air Force.]

(b) those in receipt [F62 of income support [F63 ,family credit or disability working allowance] and] their dependants;

(c) those provided with invalid carriages or other vehicles under subsection (1) of section 46 of the M16 National Health Service (Scotland) Act 1978 or in receipt of grants under subsection (3) of that section in respect of invalid carriages or other vehicles which belong to them; and

(d) those whose names are in the register of disabled persons maintained under section 6 of the M17 Disabled Persons (Employment) Act 1944.

(3) The Secretary of State may by order amend subsection (2) above (whether as originally enacted or as previously amended under this subsection) so as to omit any of the classes mentioned in that subsection or add to or substitute for any of those classes other classes of any description.

Textual Amendments

F56 Words in s. 70(2)(a)(i) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), s. 4, Sch. 2 para. 64(a).

F57 S. 70(2)(iA) inserted (3. 2. 1992 for certain purposes and 6. 4. 1992 in so far as not already in force) by Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21, SIF 113:1), s. 4, Sch. 2 para. 12; S.I. 1991/2617, art. 2(c)(f).

F58 Words in s. 70(2)(a)(iA) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), s. 4, Sch. 2 para. 64(b).

F59 S. 70(2)(a)(ii) repealed (6. 4. 1992) by Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21, SIF 113:1), s. 10, Sch. 4; S.I. 1991/2617, art. 2(f).

F60 Words in s. 70(2)(a)(iii) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), s. 4, Sch. 2 para. 64(c).

F61 S. 70(2)(a)(v)(vi) added by S.I. 1984/1996, art. 2

F62 Words substituted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(1), Sch. 10 para. 57

F63 Words in S. 70(2)(b) substituted (19. 11. 1991 and 10. 3. 1992 for certain purposes and 6. 4. 1992 in so far as not already in force) by Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21, SIF 113:1), s. 7, Sch. 3 Part II para. 10; S.I. 1991/2617, art. 2(b)(e)(f).

Marginal Citations

M15 S.I. 1978 No. 1525.

M16 1978 c. 29.

M17 1944 c. 10.

71 Northern Ireland. U.K.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M18 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 70 of this Act—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House.

Marginal Citations

M18 1974 c. 28.

Supplemental E+W+S

72 Application to Crown. E+W+S

The following provisions of this Act, that is to say—

(a) section 25; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

apply to vehicles and persons in the public service of the Crown.

Textual Amendments

F64 S. 72(b) repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

73 Regulations and orders. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65 any power conferred by this Act on the Secretary of State to make any order or regulations shall be exercisable by statutory instrument.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(4) Any statutory instrument containing regulations or an order made under any provision of this Act, except an order made under section . . . F68 76(2) of this Act . . . F69 , shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Regulations made under this Act may—

(a) make different provision for different cases; and

(b) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.

Textual Amendments

F65 Words repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F66 S. 73(2) repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F67 S. 73(3) repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3

F68 “5(5) or” repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

F69 Words repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

74 Minor and consequential amendments and repeals. E+W+S

(1) The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

(2) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule, but the repeal in the M19 Heavy Commercial Vehicles (Controls and Regulations) Act 1973 is subject to the saving in section 56(3) of this Act.

Marginal Citations

M19 1973 c. 44.

75 General interpretation. E+W+S

In this Act—

• “the M20 1967 Act” means the Road Traffic Regulation Act 1967;

• “the M21 1972 Act” means the Road Traffic Act 1972;

• “prescribed” means prescribed by regulations made by the Secretary of State; and

• “road” means any highway and any other road to which the public has access, and includes bridges over which a road passes [F70 except that in Scotland it has the same meaning as in the Roads (Scotland) Act 1984].

Textual Amendments

F70 Words added (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 88(1)

Marginal Citations

M20 1967 c. 76.

M21 1972 c. 20.

76 Citation, commencement and extent. E+W+S

(1) This Act may be cited as the Transport Act 1982.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71 , this Act shall come into force on such day or days as the Secretary of State may by order appoint, and different days may be appointed for different purposes.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

(4) An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provisions) as appear to the Secretary of State necessary or expedient in connection with the provisions brought (wholly or partly) into force by the order.

F73 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Except for Part I of this Act and the provisions mentioned in subsection (7) below, this Act shall not extend to Northern Ireland.

(7) The provisions referred to in subsection (6) above are—

(a) sections 66, 67 and 71 of this Act; and

(b) the amendments in paragraphs 5 and 20 of Schedule 5 to this Act of, respectively, section 48(2) of the Transport Act 1968 and Part III of Schedule 1 to the M22 House of Commons Disqualification Act 1975.

(8) In subsection (4) above, “statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the M23 Interpretation Act 1978.

Subordinate Legislation Made

P1 Power of appointment conferred by s. 76(2) exercised in part by S.I. 1982/1561 and 1804, 1983/276, 577, 650, 1984/175, 1986/1326, 1874, 1996/1943, art. 2

Textual Amendments

F71 Words repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F72 S. 76(3) repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F73 S. 76(5) repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2.

Marginal Citations

M22 1975 c. 24.

M23 1978 c. 30.