Transport Act 1982

Part IV U.K. Miscellaneous and Supplemental

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

F1 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F1 S. 52 repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt.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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Textual Amendments

F2 Ss. 53–55 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

Miscellaneous U.K.

56—60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W+S

Textual Amendments

F3 Ss. 56–60 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt.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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W+S

Textual Amendments

F4 S. 61 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W+S

Textual Amendments

F5 S. 62 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

63, 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W+S

Textual Amendments

F6 Ss. 63, 64 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt.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 M1 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)

C1 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22, 23(3)(4), 24, 65, 67, 68, Sch. 4, Sch. 5 paras. 17(2), 20, 21–23 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.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

M1 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 M2 Harbours Act 1964; and

(b) in relation to Northern Ireland, the same meaning as in the M3 Harbours Act (Northern Ireland) 1970.

Marginal Citations

M2 1964 c. 40.

M3 1970 c. 1 (N.I.)

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

In paragraph 8 of Schedule 1 to the M4 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)

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.

Marginal Citations

M4 1962 c. 46.

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

In section 21 of the M5 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)

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.

Marginal Citations

M5 1970 c. 44.

69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W+S

Textual Amendments

F7 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 [F8 64 of the Social Security Contributions and Benefits Act 1992];

F9 [(iA) a disability living allowance under section [F10 71]] of that Act;

F11 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) disablement pension under section [F12 103] of that Act at a weekly rate increased by virtue of section [F12 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 M6 1978 (constant attendance allowance);

[F13 (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.]

[F14 (ab) those in receipt of personal independence payment;]

[F15 (ac) those in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517);]

(b) those in receipt [F16 of [F17 universal credit,] income support [F18 , an income-based jobseeker's allowance (payable under the Jobseekers Act 1995), an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance),] [F19 , any element of child tax credit other than the family element or working tax credit] and] their dependants;

[F20 (bb) those in receipt of guarantee state pension credit (under section 1(3)(a) of the State Pension Credit Act 2002) and those persons who (within the meaning of that Act) are members of a [F21 couple] the other member of which is in receipt of guarantee state pension credit;]

(c) those provided with invalid carriages or other vehicles under subsection (1) of section 46 of the M7 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 M8 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

F8 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).

F9 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).

F10 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).

F11 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).

F12 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).

F13 S. 70(2)(a)(v)(vi) added by S.I. 1984/1996, art. 2

F14 S. 70(2)(ab) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 1; S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

F15 S. 70(2)(ac) inserted (8.4.2013) by The Armed Forces and Reserve Forces (Compensation Scheme) (Consequential Provisions: Primary Legislation) Order 2013 (S.I. 2013/796), arts. 1, 2

F16 Words substituted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(1), Sch. 10 para. 57

F17 Words in s. 70(2)(b) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 5

F18 Words in s. 70(2)(b) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 3; S.I. 2008/787, art. 2(4)(f)

F19 Words in s. 70(2)(b) substituted (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 3 para. 9; S.I. 2003/962, art. 2(3)(d)(ii)

F20 S. 70(2)(bb) inserted (2.7.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(3), Sch. 2 Pt. 3 para. 26; S.I. 2002/1691, art. 2; S.I. 2003/1766, art. 2(a)

F21 Word in s. 70(2)(bb) substituted (5.12.2005) by The Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), art. 1, Sch. 4 para. 6

Marginal Citations

M6 S.I. 1978 No. 1525.

M7 1978 c. 29.

M8 1944 c. 10.

71 Northern Ireland. U.K.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M9 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

M9 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

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

Textual Amendments

F22 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 any power conferred by this Act on the Secretary of State to make any order or regulations shall be exercisable by statutory instrument.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(4) Any statutory instrument containing regulations or an order made under any provision of this Act, except an order made under section . . . F26 76(2) of this Act . . . F27 , 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

F23 Words repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F24 S. 73(2) repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F25 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

F26 “5(5) or” repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

F27 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 M10 Heavy Commercial Vehicles (Controls and Regulations) Act 1973 is subject to the saving in section 56(3) of this Act.

Marginal Citations

M10 1973 c. 44.

75 General interpretation. E+W+S

In this Act—

• “the M11 1967 Act” means the Road Traffic Regulation Act 1967;

• “the M12 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 [F28 except that in Scotland it has the same meaning as in the Roads (Scotland) Act 1984].

Textual Amendments

F28 Words added (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 88(1)

Marginal Citations

M11 1967 c. 76.

M12 1972 c. 20.

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

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29 , 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

(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.

F31 (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 M13 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 M14 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

F29 Words repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F30 S. 76(3) repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F31 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

M13 1975 c. 24.

M14 1978 c. 30.