Modifications etc. (not altering text)
C1Pt. II (ss. 34–46) modified by S.I. 1984/748, regs. 5(2), 6(2) (as amended by S.I. 1987/1755, reg. 2(2)(a))
Pt. II modified during the transitional period (beginning with 3rd July 2000 and ending with the last day on which a London local service licence granted under the 1985 Act ceases to be in force) and cease to have effect immediately after the end of that transitional period by virtue of S.I. 2000/1462, art. 3
(1)In this Act “London local service” means (subject to subsection (3) below) a local service with one or more stopping places in London.
(2)In this Part of this Act—
(a)“bus service” means a local service other than an excursion or tour; and
(b)“London bus service” means a London local service other than an excursion or tour.
(3)Where a local service is or is to be provided both inside and outside London, any part of the service which is or is to be provided outside London shall be treated as a separate service for the purposes of this Act if there is any stopping place for that part of the service outside London.
Modifications etc. (not altering text)
C2S. 34(2)
(1)Subject to subsection (2) below and to section 36 of this Act, a London local service shall not be provided except under a London local service licence granted in accordance with the following provisions of this Part of this Act.
(2)A London local service licence is not required for the provision by any person under an agreement with the Railways Board [F1, or the Director of Passenger Rail Franchising, of any service secured by the Board or, as the case may be, the Director of Passenger Rail Franchising under section 4A of the 1962 Act (provision of road passenger transport services.)]
(3)The traffic commissioner for the Metropolitan Traffic Area (referred to below in this Part of this Act as the metropolitan traffic commissioner) shall be responsible for granting London local service licences.
(4)Subject to subsection (5) below and to section 39(4) of this Act, a London local service licence shall be of no effect at any time at which the holder does not also hold—
(a)a PSV operator’s licence granted by the metropolitan traffic commissioner or by the traffic commissioner for any other traffic area F2. . .; or
(b)a permit under section 22 of this Act.
(5)Subsection (4) above does not apply to a London local service licence held by a local education authority.
(6)Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a London local service is provided in contravention of subsection (1) above, the operator of the service shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Textual Amendments
F1Words in s. 35(2) substituted (14.7.1994) by S.I. 1994/1649, art. 2, Sch. para. 2(b)
F2Words in s. 35(4)(a) repealed (8.11.1995) by 1995 c. 44, s. 1 Sch. 1 Pt. V Group 2
(1)A London local service licence is not required for the provision of a London bus service—
(a)by London Regional Transport or any subsidiary of theirs; or
(b)by any other person in pursuance of any agreement entered into by London Regional Transport by virtue of [F3section 3(2) or (2A)(a)]of the M1London Regional Transport Act 1984 (referred to below in this section as the 1984 Act).
(2)Where—
(a)London Regional Transport or any subsidiary of theirs propose to provide a new bus service which is to be operated wholly or in part as a London bus service or to vary a bus service currently provided by them which is being so operated; or
(b)London Regional Transport propose to enter into an agreement by virtue of [F3section 3(2) or (2A)(a)]of the 1984 Act for the provision of such a new bus service by any other person or to agree to a variation in any bus service currently provided in pursuance of any such agreement which is being so operated;
then, before deciding on, or on the provisions to be contained in any such agreement with respect to, or on any variation affecting, any relevant aspects of that service London Regional Transport shall, so far as the service is or is to be provided in London, consult with the commissioner or commissioners of police concerned, with the local authorities affected, with the Passengers’ Committee and with any other person they think fit.
(3)In subsection (2) above the reference to relevant aspects of the service is a reference to the route of the service, a terminal point, a point at which passengers may or may not be taken up or set down, or a place at which, or street by the use of which, vehicles used for the service may turn at a terminal point.
(4)Where—
(a)London Regional Transport or any subsidiary of theirs propose to discontinue a bus service currently provided by them which is being operated wholly or in part as a London bus service; or
(b)London Regional Transport propose not to renew any agreement entered into by them by virtue of [F3section 3(2) or (2A)(a)] of the 1984 Act for the provision by any other person of any bus service which is being so operated, or to agree to the discontinuance of any such bus service currently provided in pursuance of any such agreement;
then, before any decision is taken to that effect, London Regional Transport shall, so far as the service is provided in London, consult with the local authorities affected, with the Passengers’ Committee and with any other person they think fit.
(5)Where an agreement entered into by London Regional Transport by virtue of [F3section 3(2) or (2A)(a)] of the 1984 Act for the provision of a bus service relates to such a service part only of which is operated as a London bus service, any provision contained in that agreement with respect to the carriage of passengers other than those who are both taken up and set down in London shall be of no effect if or so far as it is inconsistent with any condition for the time being attached under section 8 of this Act to—
(a)a PSV operator’s licence; or
(b)a permit under section 22 of this Act;
held by the operator of the service.
(6)For the purposes of this section the local authorities affected by any proposal with respect to a bus service are any of the following councils, that is to say, the councils of the London boroughs and the Common Council, in whose area there is situated—
(a)in the case of a proposal to which subsection (2) above applies, any part of the route in question or (as the case may be) the point, place or street in question; or
(b)in the case of a proposal to which subsection (4) above applies, any part of the route of the service.
(7)In this section—
(a)references to a new bus service are references to a bus service which has not been provided continuously since before the date on which this section comes into force (disregarding, in the case of a bus service operated during certain periods of the year only, any period other than one during which the service is due to be operated);
(b)“the Passengers’ Committee” means the London Regional Passengers’ Committee established under section 40 of the 1984 Act;
(c)“subsidiary” has the same meaning as in that Act;
and section 6(5) of and paragraph 11(4) of Schedule 5 to that Act shall apply to references in this section to an agreement entered into by London Regional Transport by virtue of [F3section 3(2) or (2A)(a)]of that Act as they apply to such references in that Act.
Textual Amendments
F3Words in s. 36(1)(b)(2)(b)(4)(b)(5)(7)(c) substituted (E.W.) (17.8.1996) by 1996 c. 21, s. 4(2)(c)
Marginal Citations
(1)An application for a London local service licence shall be made in such a form as the metropolitan traffic commissioner may require, and an applicant shall give the commissioner such information as he may reasonably require for disposing of the application.
(2)Where an application is made for the grant of a London local service licence, the commissioner—
(a)shall grant the licence unless he is satisfied that to do so would be against the interests of the public; and
(b)if he grants the licence, shall do so in accordance with the application except to the extent that he is satisfied that to do so would be against the interests of the public.
(3)In considering under subsection (2) above whether the grant of a licence would be against the interests of the public, or the extent to which the grant of a licence in accordance with the application would be against those interests, the commissioner shall in particular have regard to—
(a)the transport needs for the time being of London as a whole and of particular communities within London;
(b)any transport policies or plans which have been made and drawn to his attention by the council of a London borough or by the Common Council; and
(c)any objections or other representations made to the commissioner in the prescribed manner which in his opinion are relevant.
(4)The metropolitan traffic commissioner, on granting a London local service licence, shall send notice of the grant, including particulars of the services to be provided under the licence, to the commissioner or commissioners of police concerned and to each of the local authorities affected.
(1)Subject to subsection (3) below, and to any regulations, the metropolitan traffic commissioner may, on granting a London local service licence, attach to the licence such conditions as he thinks fit having regard to the interests of the public, and in particular to the matters mentioned in section 37(3)(a) to (c) of this Act.
(2)The conditions that may be attached to a London local service licence by virtue of subsection (1) above include, in particular, such conditions as the commissioner thinks fit for securing—
(a)that suitable routes are used in providing any service which may be provided under the licence; and
(b)that passengers are not taken up or are not set down except at specified points, or are not taken up or are not set down between specified points;
and generally for securing the safety and convenience of the public, including persons who are elderly or disabled.
(3)No condition as to fares shall be attached under this section to a London local service licence.
(4)The metropolitan traffic commissioner may at any time while a London local service licence is in force vary the licence by—
(a)altering, in such manner as he thinks fit having regard to the interests of the public, any condition attached to the licence; or
(b)removing any condition attached to the licence, if he thinks fit having regard to those interests; or
(c)attaching to the licence any such condition or additional condition as he thinks fit having regard to those interests.
(5)Where the holder of such a licence makes an application to the commissioner requesting him to exercise his powers under subsection (4) above, the commissioner shall exercise those powers in accordance with the application except to the extent that he is satisfied that to do so would be against the interests of the public.
(6)Compliance with any condition attached to a London local service licence under this section may be temporarily dispensed with by the commissioner if he is satisfied—
(a)that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached or, if the condition has been altered, when it was last altered; and
(b)that such a dispensation would not be against the interests of the public.
(7)Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a condition attached under this section to a London local service licence is contravened, the holder of the licence shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1)This section applies where, in the case of any application for a London local service licence, the metropolitan traffic commissioner is satisfied that the service which the applicant proposes to provide under the licence (“the proposed service”) would be an excursion or tour and is also satisfied either—
(a)that the proposed service would not compete directly with any authorised London bus service; or
(b)that the proposed service would operate only to enable passengers to attend special events.
(2)In subsection (1)(a) above, “authorised London bus service” means—
(a)any London bus service for which a London local service licence has been granted; and
(b)any London bus service which, by virtue of section 36(1) of this Act, does not require a London local service licence.
(3)In any case to which this section applies, sections 35, 37 and 38 of this Act shall apply subject to the modifications provided by the following provisions of this section.
(4)Section 35(4) of this Act shall not prevent a London local service licence granted in pursuance of this section from having effect for the purposes of the provision of a service by means of a vehicle whose operator holds any such licence or permit as is there mentioned F4. . ..
(5)The interests of the public falling to be considered under any provision of section 37 or 38 shall be confined to the interests of the public in securing that only places which are suitable for use as such are used as stopping places for the service in question in London.
The reference above in this subsection to the service in question is a reference to the proposed service or the service provided under any London local service licence granted on an application to which this section applies (as the case may require).
(6)For the purposes of this section a place is to be regarded as not being suitable for use as a stopping place for any service if the commissioner is satisfied that its use as such would be prejudicial to the safety or convenience of the public.
(7)Section 37 shall apply with the omission of paragraphs (a) and (b) of subsection (3); and paragraph (c) of that subsection shall apply only in relation to objections or representations made by the commissioner or commissioners of police concerned or by any of the local authorities affected.
(8)Section 38 shall apply with the omission of subsections (1) and (2), but the metropolitan traffic commissioner in granting a licence on any application to which this section applies may attach to the licence such conditions of a description within section 38(2)(b) as he thinks fit, having regard to any objections or other representations that fall to be considered in relation to that application by virtue of section 37(3)(c), for securing that only places which are suitable for use as such are used as stopping places for the proposed service in London.
(9)Any condition attached to a licence under subsection (8) above shall be treated for the purposes of section 38(6) and (7) as if it had been attached under that section.
(10)Every London local service licence granted in pursuance of this section shall include a statement that it is so granted.
Textual Amendments
F4Words in s. 39(4) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. V Group 2
(1)Subject to subsection (2) below, a London local service licence may be revoked or suspended by the metropolitan traffic commissioner on the ground that there has been a contravention of any condition attached to it.
(2)The commissioner shall not revoke or suspend a London local service licence unless, owing to the frequency of the breach of conditions, or to the breach having been committed intentionally, or to the danger to the public involved in the breach, the commissioner is satisfied that the licence should be revoked or suspended.
(3)On revoking or suspending a London local service licence the metropolitan traffic commissioner shall send notice of the revocation or suspension to every commissioner of police or local authority notified of the grant of the licence in accordance with section 37(4) of this Act.
(4)A London local service licence suspended under this section shall during the time of suspension be of no effect.
(1)Subject to subsection (2) below, a London local service licence shall, unless previously revoked, continue in force until the end of the period of five years beginning with the date on which it takes effect, unless at the time of the granting of the licence the metropolitan traffic commissioner for special reasons determines that it shall continue in force only for a shorter period, in which case it shall, unless previously revoked, continue in force only until the end of that shorter period.
(2)If, on the date on which a London local service licence is due to expire, proceedings are pending before the metropolitan traffic commissioner on an application for the grant of a new licence in substitution for it, the existing licence shall continue in force until the application is disposed of, but without prejudice to the exercise in the meantime of the powers conferred by section 40 of this Act.
(3)Nothing in this section shall prevent—
(a)the grant of a London local service licence limited to one or more particular periods or occasions; or
(b)the attachment to a London local service licence of a condition that the service shall be so limited.