Transport Act 1985

[F1 27A Additional powers where service not operated as registered E+W

(1) This section applies in any case where it appears to a traffic commissioner that a person (“the operator”)—

(a) has, or may have, failed to operate a local service registered under section 6 of this Act; or

(b) has, or may have, failed to operate such a service in accordance with the particulars registered under that section.

(2) The traffic commissioner may direct a local traffic authority to provide [F2 him or another traffic commissioner], within a specified period, with specified information connected with any aspect of the performance of their duties under section 16 or 17 of the Traffic Management Act 2004 (the network management duty, and arrangements for network management).

This subsection is supplemented by provisions in section 27B of this Act.

(3) If the traffic commissioner holds an inquiry in connection with deciding whether—

(a) to attach a condition under section 26 of this Act, or

(b) to make an order under section 155 of the Transport Act 2000,

subsections (2) and (3) of section 250 of the Local Government Act 1972 (attendance of witnesses etc) apply to the inquiry as they apply to an inquiry under that section.

(4) If the traffic commissioner identifies any remedial measures (see subsection (5)) which, in the traffic commissioner's opinion, could be taken—

(a) by the operator, or

(b) by a local traffic authority,

the traffic commissioner may prepare a report recommending the implementation of those measures.

(5) In this section “remedial measures” means measures which, in the opinion of the traffic commissioner, would enable or facilitate the operation of the service in accordance with the particulars registered under section 6 of this Act.

(6) A traffic commissioner who prepares a report under subsection (4) above—

(a) must send a copy of the report to the operator and, if any of the recommended remedial measures are for implementation by a local traffic authority, to that authority;

(b) must, if the implementation of any of the measures in the report would affect the operation of bus services in an integrated transport area, send a copy of the report to the Integrated Transport Authority for that area;

(c) may send a copy of the report to any one or more of the persons in subsection (7) below;

(d) may publish the report.

(7) The persons are—

(a) the appropriate national authority,

(b) any local traffic authority [F3 , Integrated Transport Authority or combined authority] which the traffic commissioner considers appropriate,

and any other persons whom the traffic commissioner considers appropriate.

[F4 (7A) In this section “the traffic commissioner” means the traffic commissioner dealing with the matter.]

(8) See subsection (6) of section 27B of this Act for the meaning of some of the expressions used in this section.]

Textual Amendments

F1 S. 27A inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 63(1), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1 (with Sch. 1 para. 2(2))

F2 Words in s. 27A(2) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F3 Words in s. 27A(7)(b) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 63; S.I. 2009/3318, art. 2(c)

F4 S. 27A(7A) inserted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)