Part IIE+W Local transport

Modifications etc. (not altering text)

C4Pt. 2: delegation of functions (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(b)

C5Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8

C6Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(1)

SupplementaryE+W

160 Part II: regulations and orders.E+W

(1)Any power to make regulations or orders under this Part—

(a)is exercisable by statutory instrument,

(b)includes power to make different provision for different cases, and

(c)may be exercised so as to make incidental, consequential, supplementary or transitional provision or savings.

(2)A statutory instrument containing regulations or an order made by a Minister of the Crown under this Part (whether alone or jointly with the National Assembly for Wales) [F1, other than [F2regulations under section 123A(4)] [F3, 138F(10), 138G(9)] [F4or 141A(1) or] an order under section 155(1A)(d),] shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F5(2A)A statutory instrument containing regulations under section 123A(4) [F6, 138F(10), 138G(9)] [F7or 141A(1)] shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]

[F8(3)A statutory instrument containing an order under section 155(1A)(d) shall not be made—

(a)as respects England, unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;

(b)as respects Wales, unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.]

Textual Amendments

F1Words in s. 160(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(13), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

F2Words in s. 160(2) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 22(2)

F3Words in s. 160(2) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 7(2)

F4Words in s. 160(2) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 18(3)(a), 26(3)

F5S. 160(2A) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 22(3)

F6Words in s. 160(2A) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 7(3)

F7Words in s. 160(2A) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 18(3)(b), 26(3)

F8S. 160(3) inserted (26.11.2008 for specified purposes, 9.2.2009 for E. in so far as not already in force, 1.4.2009 for W. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 64(14), 134(1)(c)(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)

Modifications etc. (not altering text)

Commencement Information

I1S. 160 wholly in force at 1.8.2001; s. 160 not in force at Royal Assent see s. 275(1)(2); s. 160 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 160 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 10

161 Part II: minor and consequential amendments.E+W

Schedule 11 makes minor and consequential amendments relating to this Part.

Modifications etc. (not altering text)

Commencement Information

I2S. 161 partly in force; s. 161 not in force at Royal Assent see s. 275(1)(2); s. 161 in force (1.4.2001 and 1.6.2001 for specified purposes) by S.I. 2000/3229, art. 2, Sch. Pts. III, IV; s. 161 in force for further specified purposes (E.) (1.2.2001) by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 161 in force for further specified purposes (E.) (20.2.2001) by S.I. 2001/242, art. 2; s. 161 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; s. 161 in force for specified purposes (W.) at 1.4.2002 by S.I. 2001/2788, art. 3, Sch. 2 para. 2; s. 161 in force for further specified purposes (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

162 Interpretation of Part II.E+W

(1)In this Part—

  • [F9advanced quality partnership scheme” is to be construed in accordance with section 113C(2),]

  • [F10advanced ticketing scheme” is to be construed in accordance with section 134C(3),]

  • appropriate national authority”, in relation to a quality partnership scheme, a quality contracts scheme or a ticketing scheme, means—

    (a)

    F11...

    (b)

    the National Assembly for Wales, as respects a scheme relating to an area in Wales, or

    (c)

    the Secretary of State and the National Assembly for Wales acting jointly, as respects a scheme relating to an area in England and Wales,

  • [F12bus services” means services using public service vehicles,]

  • community bus permit” means a permit under section 22 of the M1Transport Act 1985,

  • connecting rail or tram [F13service— ]

    (a)

    [F13in relation to an advanced ticketing scheme, has the meaning given by section 134C(3), and]

    (b)

    [F13in relation to a ticketing scheme,]

    has the meaning given in section 135(5),

  • disabled person” has the meaning given in section 146,

  • [F14effective time”, in relation to a local service contract, has the meaning given by section 123J(7),]

  • elderly person” has the meaning given in section 146,

  • eligible service” has the meaning given in section 146,

  • [F15“enhanced partnership plan” and “enhanced partnership scheme” have the meaning given by section 138A,]

  • [F16exempt continuation proposal” is to be read in accordance with section 131B,]

  • [F14franchising authority” has the meaning given by section 123A(4),]

  • [F14franchising scheme” is to be construed in accordance with section 123A(3),]

  • F17half-price travel concession” has the meaning given in section 146,

  • [F14interim service” has the meaning given by section 123O,]

  • [F14local service contract” has the meaning given by section 123A(5),]

  • local transport authority” has the meaning given in section 108(4),

  • [F18local transport policies” has the meaning given in section 108(5),]

  • [F19London authority” has the meaning given in section 146,]

  • London transport authority” means the Greater London Authority, a London borough council or the Common Council of the City of London,

  • [F20mayoral CCA” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;]

  • [F14mayoral combined authority” has the meaning given by section 107A of the Local Democracy, Economic Development and Construction Act 2009,]

  • F21...

  • quality contract” has the meaning given in section 124(4),

  • quality contracts scheme” is to be construed in accordance with section 124(3),

  • quality partnership scheme” is to be construed in accordance with section 114(2),

  • railway” and “tramway” have the meanings given in section 67(1) of the M2Transport and Works Act 1992,

  • relevant time” has the meaning given in section 146,

  • [F14scheme sub-area” has the meaning given by section 123H,]

  • [F14service permit” has the meaning given by section 123P,]

  • ticketing scheme” is to be construed in accordance with section 135(3),

  • traffic regulation order” means an order under the M3Road Traffic Regulation Act 1984 or any other enactment (other than this Act) regulating the use of roads or other places by public service vehicles, and

  • travel concession authority” has the meaning given in section 146.

(2)In this Part the expressions listed below have the same meaning as in the M4Public Passenger Vehicles Act 1981—

  • fares”,

  • modification”,

  • public service vehicle”,

  • PSV operator’s licence”,

  • road”, and

  • traffic commissioner”.

(3)In this Part the expressions listed below have the same meaning as in the M5Transport Act 1985—

  • local service”,

  • public passenger transport services”,

  • stopping place”, and

  • traffic area”.

(4)Where a reference to an authority in any of the following provisions is to [F22an Integrated Transport Authority], it is to be construed as a reference to the Passenger Transport Executive for the [F23integrated transport area] concerned; and where a reference to authorities in any of those provisions is to one or more [F24Integrated Transport Authorities], it is to be construed as a reference to the Passenger Transport Executive or Executives for the [F23integrated transport area] or areas concerned—

  • section 114(2)(a),

  • [F25section 116(2)(a), (4)(a), (4A)(a) and, in the second place, (4C),]

  • section 118(1) and (2),

  • F26...

  • F26...

  • F26...

  • F27...

  • F26...

  • F26...

  • F26...

  • F26...

  • section 139(5), and

  • section 140.

[F28(4A)Where a reference to an authority in any of the following provisions is to an Integrated Transport Authority, it is to be construed as including a reference to the Passenger Transport Executive for the integrated transport area concerned—

  • section 153(2)(a),

  • in Schedule 10, paragraph 17(5)(b) and (8).]

(5)References in this Part to [F29Integrated Transport Authorities and Passenger Transport Executives] and to [F30integrated transport areas] are references respectively to the [F29Integrated Transport Authorities and Passenger Transport Executives], and to [F30integrated transport areas], for the purposes of Part II of the M6Transport Act 1968.

[F31(5A)In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.]

[F32(5B)In this Part “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.]

F33(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)References in this Part to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the M7Transport Act 1985.

Textual Amendments

F9Words in s. 162(1) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 10

F10Words in s. 162(1) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 7(3)

F11Words in s. 162(1) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 23(3)

F12Words in s. 162(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(7), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

F13Words in s. 162(1) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 7(2)

F14Words in s. 162(1) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 23(2)

F15Words in s. 162(1) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 8

F16Words in s. 162 inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 32(2), 134(4); S.I. 2009/3242, art. 2(1)(a)

F17Definition of “half-price travel concession” in s. 162(1) omitted (E.) (1.4.2006) by virtue of The Travel Concessions (Extension of Entitlement) (England) Order 2005 (S.I. 2005/3224), arts. 1(3), 3(4) (with art. 3(5)) but subsequently extended (E.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 15(a); S.I. 2007/2799, arts. 2, 3 (with art. 4)

F18Words in s. 162(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 7(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)

F19Words in s. 162(1) inserted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 15(b); S.I. 2007/2799, arts. 2, 3 (with art. 4)

F21Words in s. 162(1) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 23(4)

F25Words in s. 162(4) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(6), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

F26Words in s. 162(4) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 23(5)

F28S. 162(4A) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 46(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Modifications etc. (not altering text)

Commencement Information

I3S. 162 wholly in force at 1.8.2001; s. 162 not in force at Royal Assent see s. 275(1)(2); s. 162(1) in force (E.) (1.2.2001 and 1.2.2001) for specified purposes; s. 162(2) in force (E.) (1.6.2001) for specified purposes; s. 162(3) in force (E.) (1.1.2001 and 1.6.2001) for specified purposes; s. 162(5) in force (E.) (1.1.2001) by S.I. 2000/3229, art. 2, Sch. Pts. I, II, IV; s. 162 in force (E.) (1.2.2001) except in so far as it is brought into force by S.I. 2000/3229 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 162 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 12

Marginal Citations