Local Transport Act 2008

SCHEDULES

Section 7

SCHEDULE 1E+WReferences to local transport plans

1E+WThe TA 2000 is amended as follows.

Commencement Information

I1Sch. 1 para. 1 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Quality contracts schemesE+W

2(1)Section 124 is amended as follows.E+W

(2)In subsection (1A)(c) for “local transport plan” substitute “ local transport policies ”.

(3)Omit subsection (10).

Commencement Information

I2Sch. 1 para. 2 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Joint and through ticketing schemesE+W

3(1)Section 135 is amended as follows.E+W

(2)In subsection (1) for paragraph (b) substitute—

“(b)would contribute to the implementation of their local transport policies.”.

Commencement Information

I3Sch. 1 para. 3 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Information about bus servicesE+W

4(1)Section 139 is amended as follows.E+W

(2)In subsection (1) for “local transport plan” substitute “ local transport policies ”.

Commencement Information

I4Sch. 1 para. 4 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Local licensing schemesE+W

5(1)Section 179 is amended as follows.E+W

(2)In subsection (2) for “policies in the licensing authority's local transport plan” substitute “ local transport policies of the licensing authority ”.

Commencement Information

I5Sch. 1 para. 5 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Joint local licensing schemesE+W

6(1)Section 180 is amended as follows.E+W

(2)In subsection (2) for “policies in the licensing authorities' local transport plans” substitute “ local transport policies of the licensing authorities ”.

Commencement Information

I6Sch. 1 para. 6 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Joint local-London licensing schemesE+W

7(1)Section 181 is amended as follows.E+W

(2)In subsection (2)(a)—

(a)for “policies in the local transport plan” substitute “ local transport policies ”;

(b)omit “the local transport plans of”.

Commencement Information

I7Sch. 1 para. 7 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Financial provisions relating to road user charging and workplace parking levyE+W

8(1)Schedule 12 is amended as follows.E+W

(2)In paragraph 8 (application of proceeds)—

(a)in sub-paragraph (2)(a) for “policies in the authority's local transport plan” substitute “ local transport policies of the authority ”;

(b)in sub-paragraph (4)(a) for “any policies in its local transport plan” substitute “ any of its local transport policies ”.

Commencement Information

I8Sch. 1 para. 8 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Section 46

SCHEDULE 2E+WCompetition test: amendments of Schedule 10 to the Transport Act 2000

1E+WSchedule 10 to the TA 2000 (competition test for exercise of bus functions) is amended as follows.

Commencement Information

I9Sch. 2 para. 1 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Test for the exercise of functions by local authoritiesE+W

2E+WFor the italic heading preceding paragraph 1 substitute— “ Part 1 Test for exercise of bus functions by local authorities Functions to which this Part of this Schedule applies ”.

Commencement Information

I10Sch. 2 para. 2 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

3(1)Paragraph 1 (functions to which Schedule 10 applies) is amended as follows.E+W

(2)In sub-paragraph (1) after “The functions to which” insert “ this Part of ”.

(3)In sub-paragraph (2)—

(a)after “For the purposes of” insert “ this Part of ”;

(b)after “a function to which” insert “ this Part of ”.

Commencement Information

I11Sch. 2 para. 3 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

4(1)Paragraph 2 (competition test) is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)after “For the purposes of” insert “ this Part of ”;

(b)after “a function to which” insert “ this Part of ”.

(3)In sub-paragraph (3)(b) omit “substantial”.

Commencement Information

I12Sch. 2 para. 4 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

5E+WOmit paragraphs 3 and 4.

Commencement Information

I13Sch. 2 para. 5 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

6E+WIn paragraph 5 (investigation by OFT)—

(a)for “the OFT” substitute “the Office of Fair Trading (in this Schedule referred to as “the OFT”);

(b)after “a function to which” insert “ this Part of ”.

Commencement Information

I14Sch. 2 para. 6 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

7E+WIn paragraph 10 (decisions) omit paragraph (a).

Commencement Information

I15Sch. 2 para. 7 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

8E+WOmit paragraph 11.

Commencement Information

I16Sch. 2 para. 8 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

9E+WIn paragraph 12(1) (enforcement of decision) after “a function to which” insert “ this Part of ”.

Commencement Information

I17Sch. 2 para. 9 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

10E+WIn paragraph 13(1) (restriction on disclosure of information) after “its functions under” insert “ this Part of ”.

Commencement Information

I18Sch. 2 para. 10 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

11E+WIn paragraph 14 (offence of disclosing information) after “its functions under” (in both places) insert “ this Part of ”.

Commencement Information

I19Sch. 2 para. 11 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

12E+WAfter paragraph 14 insert—

“Advice and informationE+W

14A(1)As soon as is reasonably practicable after the passing of the Local Transport Act 2008, the OFT must prepare and publish advice and information about—

(a)the application of the competition test,

(b)the enforcement of decisions regarding that test.

(2)The OFT may at any time publish revised, or new, advice or information.

(3)Advice and information published under this paragraph must be prepared with a view to—

(a)explaining provisions of this Part of this Schedule to persons who are likely to be affected by them, and

(b)indicating how the OFT expects such provisions to operate.

(4)Advice (or information) published by virtue of sub-paragraph (3)(b) may include advice (or information) about the factors which the OFT may take into account in considering whether, and if so how, to exercise a power conferred on it by this Part of this Schedule.

(5)Any advice or information published by the OFT under this paragraph is to be published in such form and in such manner as it considers appropriate.

(6)If the OFT is preparing any advice or information under this paragraph it must consult such persons as it considers appropriate.”.

Commencement Information

I20Sch. 2 para. 12 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

13E+WIn paragraph 15 (defamation)—

(a)after “or notice given” insert “ , and to any advice or information given, ”;

(b)after “its functions under” insert “ this Part of ”.

Commencement Information

I21Sch. 2 para. 13 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

14(1)Paragraph 16 (fees) is amended as follows.E+W

(2)In sub-paragraph (1) after “its functions under” insert “ this Part of ”.

(3)Omit sub-paragraph (3).

Commencement Information

I22Sch. 2 para. 14 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

New test for certain agreements, decisions and practicesE+W

15E+WAfter paragraph 16 insert—

“Part 2 E+WTest for certain agreements, decisions and practices

17Interpretation

(1)This paragraph applies for the purposes of the interpretation of this Part of this Schedule.

(2)A voluntary multilateral agreement (a “VMA”) is a voluntary partnership agreement (within the meaning given by section 153) to which two or more operators of local services are parties.

(3)A voluntary bilateral agreement (a “VBA”) is a voluntary partnership agreement (within the meaning given by that section) to which only one operator of local services is a party.

(4)In this Part of this Schedule—

(a)a “qualifying agreement” is an agreement between bus undertakings only;

(b)a “qualifying decision” is so much of any decision by an association of undertakings as relates to the operation of local services;

(c)a “qualifying practice” is a concerted practice by bus undertakings only.

(5)For the purposes of sub-paragraph (4)—

(a)a bus undertaking is an undertaking which is the operator of a local service;

(b)the involvement of a local authority which is not a bus undertaking is to be disregarded;

(c)a quality partnership scheme or voluntary partnership agreement is not to be regarded as a qualifying agreement, qualifying decision or qualifying practice.

(6)In sub-paragraph (5)(b) “local authority” means—

(a)a local transport authority;

(b)a district council in England.

(7)A provision of this Part of this Schedule which is expressed to apply to, or in relation to, a qualifying agreement is to be read as applying equally to, or in relation to, a qualifying decision or a qualifying practice (but with any necessary modifications).

(8)A reference to the area of an authority—

(a)in relation to a VMA or VBA, is a reference to the area of a local transport authority who are a party to the agreement;

(b)in relation to a qualifying agreement, is a reference to the area of a local transport authority in whose area the agreement is, or is to be, implemented.

(9)The “bus improvement objectives” are—

(a)securing improvements in the quality of vehicles or facilities used for or in connection with the provision of local services,

(b)securing other improvements in local services of benefit to users of local services, and

(c)reducing or limiting traffic congestion, noise or air pollution.

18Agreements, decisions and practices to which this Part of this Schedule applies

(1)This Part of this Schedule applies to—

(a)VMAs or VBAs falling within sub-paragraph (2), and

(b)qualifying agreements falling within sub-paragraph (3).

This paragraph is subject to paragraph 19.

(2)A VMA or VBA falls within this sub-paragraph if it has as its object or effect the prevention, restriction or distortion of competition in the area of the authority, or the combined area of the authorities.

(3)A qualifying agreement falls within this sub-paragraph if—

(a)it has as its object or effect the prevention, restriction or distortion of competition in the area of the authority, or the combined area of the authorities, but

(b)the authority, or any of the authorities, has certified that they have considered all the terms and effects (or likely effects) of the agreement and that in their opinion the requirements mentioned in sub-paragraph (4) are satisfied.

(4)The requirements are that the agreement—

(a)is in the interests of persons using local services within the area of the authority, or the combined area of the authorities, and

(b)does not impose on the undertakings concerned restrictions that are not indispensable to the attainment of the bus improvement objectives.

(5)For the purposes of sub-paragraph (2)—

(a)the object or effect of a VMA may be considered either on its own or together with one or more other VMAs, VBAs or qualifying agreements;

(b)the object or effect of a VBA is to be considered together with one or more VMAs, other VBAs or qualifying agreements.

(6)For the purposes of sub-paragraph (3) the object or effect of a qualifying agreement may be considered either on its own or together with one or more VMAs, VBAs or other qualifying agreements.

19(1)This Part of this Schedule does not apply to a VMA, VBA or qualifying agreement if it (or any of its provisions) constitutes a price-fixing agreement within the meaning given by section 39(9) of the Competition Act 1998.

(2)Where the standard of services specified in a VMA or VBA includes any requirement as to maximum fares (see section 153(3)), any provision of that agreement relating to the setting, review or revision of the maximum fare is not to be regarded as constituting a price-fixing agreement for the purposes of sub-paragraph (1).

20The prohibition

(1)Any VMA, VBA or qualifying agreement to which this Part of this Schedule applies is prohibited unless it is exempt in accordance with the provisions of this Part of this Schedule.

(2)The prohibition in sub-paragraph (1) applies in place of the Chapter 1 prohibition.

(3)The Chapter 1 prohibition is the prohibition imposed by section 2(1) of the Competition Act 1998.

21Agreements and decisions void

Any agreement or decision which is prohibited by paragraph 20 is void.

22Exempt agreements

(1)A VMA, VBA or qualifying agreement to which this Part of this Schedule applies is exempt if—

(a)it contributes to the attainment of one or more of the bus improvement objectives,

(b)it does not impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives, and

(c)it does not afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the services in question.

(2)In any proceedings in which it is alleged that the prohibition in paragraph 20 is being or has been infringed by a VMA, VBA or qualifying agreement any undertaking or association of undertakings claiming the benefit of sub-paragraph (1) shall bear the burden of proving that the conditions of that sub-paragraph are satisfied.

23Application of provisions of Competition Act 1998

(1)The provisions of Part 1 of the Competition Act 1998 (“the 1998 Act”) specified in sub-paragraph (2) apply in relation to the prohibition in paragraph 20 (and a VMA, VBA or qualifying agreement to which this Part of this Schedule applies) as those provisions apply in relation to the Chapter 1 prohibition (and an agreement to which the provisions of that Chapter apply).

(2)The provisions are—

(a)in Chapter 1, sections 3, 6, 8, 10 and 11 (excluded agreements and exemptions);

(b)Chapter 3 (investigations and enforcement), except sections 36 to 39 (penalties);

(c)in Chapter 4, sections 46 to 49 (appeals);

(d)Chapter 5 (miscellaneous), except section 54 (regulators).

(3)The application, by virtue of sub-paragraph (2)(d), of Chapter 5 includes section 52(1) of the 1998 Act; but this is subject to the following modifications—

(a)the reference to the passing of the 1998 Act is to be read as a reference to the passing of the Local Transport Act 2008;

(b)the reference to the Director is to be read as a reference to the OFT.

(4)The application, in accordance with sub-paragraph (1), of the provisions mentioned in sub-paragraph (2) is to be subject to such further modifications as the Secretary of State may by order provide.”.

Commencement Information

I23Sch. 2 para. 15 partly in force; Sch. 2 para. 15 in force at Royal Assent for specified purposes, see s. 134(1)(c)

I24Sch. 2 para. 15 in force at 9.2.2009 for E. in so far as not already in force by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Schedule headingE+W

16E+WIn consequence of the amendments made by this Schedule, the heading to Schedule 10 becomes— “ Competition test: functions and agreements relating to buses ”.

Commencement Information

I25Sch. 2 para. 16 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Section 47

SCHEDULE 3E+W+SDetention of certain PSVs used without PSV operators' licences

Commencement Information

I26Sch. 3 partly in force; Sch. 3 in force at Royal Assent for specified purposes, see s. 134(1)(c)

I27Sch. 3 in force at 9.2.2009 in so far as not already in force by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

The Schedule that is to be inserted as Schedule 2A to the PPVA 1981 is as follows—

“SCHEDULE 2AE+W+SDetention of certain PSVs used without PSV operators' licences

InterpretationE+W+S

1(1)In this Schedule—

  • “authorised person” means—

    (a)

    an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, or

    (b)

    a person acting under the direction of such an examiner;

  • “contents”, in relation to a vehicle, means any goods carried by that vehicle which are not personal effects;

  • “immobilisation device” means any device or appliance which is an immobilisation device for the purposes of section 104 of the Road Traffic Regulation Act 1984;

  • “nominated custodian” is to be construed in accordance with paragraph 6(1) below;

  • “operator”, in relation to a public service vehicle, means—

    (a)

    the driver, if he owns the vehicle, or

    (b)

    in any other case, the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do the work),

    but this is subject to any regulations that may be made under sub-paragraph (2)(a) below;

  • “personal effects” means—

    (a)

    any personal effects of any individual, and

    (b)

    any articles being carried by a vehicle for the purpose of their delivery from one person to another.

(2)Regulations may make provision for any purpose of this Schedule or regulations under it as to—

(a)the person who is to be regarded as the “operator” of a public service vehicle in such circumstances as may be specified or described in the regulations;

(b)the meaning of “owner” as regards a public service vehicle.

(3)Regulations made by virtue of sub-paragraph (2)(b) above may, in particular, provide that the owner of a motor vehicle at a particular time is to be taken to be any person in whose name the vehicle is then registered by virtue of the Vehicle Excise and Registration Act 1994.

Detention of propertyE+W+S

2(1)Regulations may provide that where an authorised person has reason to believe that a public service vehicle adapted to carry more than 8 passengers is being, or has been, used on a road in contravention of section 12(1) of this Act, the person may detain the vehicle and its contents.

(2)Regulations made by virtue of sub-paragraph (1) above may not authorise a person other than a constable in uniform to stop a vehicle on any road.

The vehicle and any other property detained, the passengers, and any personal effectsE+W+S

3(1)Regulations may, in connection with the detaining of a vehicle by virtue of paragraph 2 above, make provision with respect to any of the following—

(a)the vehicle;

(b)any other property detained or to be detained by virtue of paragraph 2 above;

(c)any passengers who have been travelling on the vehicle;

(d)any personal effects remaining on the vehicle.

(2)Regulations under this paragraph must include provision requiring passengers who have been travelling on the vehicle to be transported in safety to their destination or to a suitable place from which to continue their journey.

Immobilisation of vehicleE+W+S

4(1)Regulations may provide that, before a vehicle is removed by virtue of paragraph 6 below, an authorised person may—

(a)fix an immobilisation device to the vehicle in the place where the vehicle has been detained, or

(b)move the vehicle, or require it to be moved, to a more convenient place and fix an immobilisation device to the vehicle in that other place.

(2)Regulations may also provide—

(a)that, on any occasion when an immobilisation device is fixed to a vehicle, the person fixing the device must also fix to the vehicle an immobilisation notice (see sub-paragraph (3) below);

(b)that a vehicle to which an immobilisation device has been fixed may only be released from the device by or under the direction of an authorised person; and

(c)that an immobilisation notice must not be removed or interfered with except by or on the authority of an authorised person.

(3)In this paragraph “immobilisation notice” means a notice—

(a)indicating that an immobilisation device has been fixed to the vehicle,

(b)warning that no attempt should be made to drive the vehicle or otherwise put it in motion, and

(c)giving such other information as may be prescribed.

Offences relating to immobilisationE+W+S

5(1)Regulations may provide that a person—

(a)who removes or attempts to remove an immobilisation device fixed to a vehicle under regulations made by virtue of paragraph 4(1) above, but

(b)who is not authorised to do so in accordance with paragraph 4(2)(b) above,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)Regulations may provide that a person who removes or interferes with an immobilisation notice in contravention of regulations made by virtue of paragraph 4(2)(c) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Removal and delivery of property into custody of nominated custodianE+W+S

6(1)Regulations may make provision for an authorised person to direct that any property—

(a)detained by virtue of paragraph 2 above, or

(b)consisting of personal effects remaining on a vehicle so detained,

be removed and delivered into the custody of a person (the “nominated custodian”) specified in the direction.

(2)Regulations may provide that the nominated custodian must be a person who—

(a)is identified in accordance with prescribed rules,

(b)has made arrangements with the Secretary of State, and

(c)has agreed to accept delivery of the property in accordance with those arrangements.

(3)Arrangements falling within sub-paragraph (2) above may include provision for the payment of a sum to a person into whose custody any property is delivered.

(4)Regulations may also provide that an authorised person who has given a direction by virtue of sub-paragraph (1) above in respect of a vehicle may allow the driver of the vehicle to deliver persons or property falling within sub-paragraph (5) below to their destination or some other suitable place, before delivering the vehicle into the custody of the nominated custodian.

(5)The persons and property are—

(a)any passengers who have been travelling on the vehicle,

(b)any contents of the vehicle,

(c)any personal effects remaining on the vehicle.

Informing persons that their property has been detained etcE+W+S

7(1)This paragraph applies in relation to any property—

(a)which is detained by virtue of paragraph 2 above, or

(b)which consists of personal effects that remained on a vehicle so detained.

(2)Regulations may make provision for informing persons who may be entitled to any such property that it has been so detained or, as the case may be, that it remained on a vehicle so detained.

(3)The provision that may be made by virtue of sub-paragraph (2) above includes provision requiring—

(a)the publication by an authorised person of such notices as may be prescribed, and

(b)the giving of notice by an authorised person to such persons as may be prescribed.

Return of vehicleE+W+S

8Regulations may make provision authorising a vehicle detained by virtue of paragraph 2 above to be returned to the owner, in prescribed circumstances, without the need for any application under paragraph 9 below.

Application to traffic commissioner for return of vehicleE+W+S

9(1)Regulations must make provision enabling the owner of a vehicle which has been detained by virtue of paragraph 2 above to apply to the traffic commissioner for the area in which the vehicle was detained for the return of the vehicle.

(2)Regulations may, in particular,—

(a)require notice of an application to be given to the traffic commissioner within such period as may be determined in accordance with the regulations;

(b)require notice of an application to be made in such form as may be prescribed.

(3)Regulations must prescribe the grounds upon which the owner may apply for the return of the vehicle.

(4)The grounds prescribed under sub-paragraph (3) above must include each of the following—

(a)that, at the time the vehicle was detained, the person using the vehicle held a PSV operator's licence (whether or not authorising the use of the vehicle);

(b)that, at the time the vehicle was detained, the vehicle was not being, and had not been, used in contravention of section 12(1) of this Act;

(c)that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 12(1) of this Act, the owner did not know that it was being, or had been, so used;

(d)that, although knowing at the time the vehicle was detained that it was being, or had been, used in contravention of section 12(1) of this Act, the owner—

(i)had taken steps with a view to preventing that use, and

(ii)has taken steps with a view to preventing any further such use.

Hearings by traffic commissionerE+W+S

10(1)Regulations must make provision—

(a)enabling the traffic commissioner to hold a hearing before determining an application by virtue of paragraph 9 above;

(b)requiring the traffic commissioner to hold a hearing, if requested by a person who claims to be the owner;

(c)as to the time within which the hearing must be held; and

(d)subject to such provision as may be made by the regulations, for the hearing to be held in public.

(2)Regulations must also provide that, if no hearing is held, the traffic commissioner must determine the application within a prescribed time after receiving notice of the application.

Consequences of the traffic commissioner's determinationE+W+S

11Regulations must provide that—

(a)if the traffic commissioner determines that one of the grounds prescribed by virtue of paragraph 9(3) above is made out, the traffic commissioner must order the nominated custodian to return the vehicle to the owner; and

(b)if the traffic commissioner determines that none of those grounds is made out, the vehicle may be sold or destroyed by the nominated custodian, in such manner as may be prescribed.

Appeal to Transport Tribunal from traffic commissionerE+W+S

12(1)Regulations must provide for an appeal to the Transport Tribunal against the determination of the traffic commissioner.

(2)Regulations may—

(a)prescribe the period within which an appeal must be made;

(b)make provision for notice of any appeal to be given to each of the following—

  • the Transport Tribunal,

  • the traffic commissioner,

  • such other persons as may be prescribed.

Sale or destruction of vehicle where no application made under paragraph 9E+W+S

13Regulations may provide that, if no application is made to the traffic commissioner in accordance with regulations made by virtue of paragraph 9 above, any vehicle detained by virtue of paragraph 2 above may be sold or destroyed in such manner as may be prescribed.

Return or disposal of contents and personal effectsE+W+S

14(1)Regulations may provide that the nominated custodian may retain custody of any property falling within sub-paragraph (2) below until—

(a)the property is returned, in accordance with the regulations, to a person who establishes entitlement to it; or

(b)the property is sold or destroyed by the nominated custodian in such manner as may be prescribed.

(2)The property is—

(a)any property detained by virtue of paragraph 2 above;

(b)any personal effects that remained on the vehicle so detained.

(3)Regulations may also make provision as to—

(a)the period within which a person who claims to be entitled to the property may make a claim for its return;

(b)the requirements to be satisfied by a person who claims to be entitled to the property (including requirements as to the person's entitlement); and

(c)the manner in which entitlement is to be determined where there is more than one claim to the property.

(4)The nominated custodian may not sell or destroy any property unless—

(a)such steps as may be required by regulations made by virtue of paragraph 7(2) above have been taken and no person has, before the expiry of the period referred to in sub-paragraph (3)(a) above, established an entitlement to the property; or

(b)the condition of the property requires it to be disposed of without delay.

Custody of propertyE+W+S

15(1)Regulations must provide that while any property is in the custody of a nominated custodian, it is the duty of the nominated custodian to take such steps as are necessary for the safe custody of that property.

(2)Any such provision is subject to the powers of the nominated custodian to sell or destroy property by virtue of this Schedule.

Proceeds of saleE+W+S

16(1)Regulations must provide for the proceeds of sale of any property sold under regulations made by virtue of paragraph 11(b), 13 or 14(1)(b) above—

(a)to be applied towards meeting expenses incurred by any authorised person in exercising functions by virtue of this Schedule; and

(b)in so far as they are not so applied, to be applied in such other manner as may be prescribed.

(2)Regulations may in particular provide for a sum determined in accordance with the regulations to be paid to a person if—

(a)the person claims, after the sale of property under regulations made by virtue of paragraph 11(b), 13 or 14(1)(b) above, to be or to have been its owner;

(b)the claim is made within a prescribed time of the sale; and

(c)any other prescribed conditions are fulfilled.

DisputesE+W+S

17(1)Regulations may make provision about the proceedings to be followed where a dispute occurs as a result of regulations made by virtue of paragraph 14 or 16 above.

(2)The provision that may be made by virtue of sub-paragraph (1) above includes provision—

(a)for an application to be made to a magistrates' court or, in the case of an application made in Scotland, the sheriff;

(b)for a court or the sheriff to order a sum to be paid by the Secretary of State.

(3)Any application made to the sheriff in accordance with regulations made by virtue of sub-paragraph (2)(a) above must be made by way of summary application.

Obstruction of authorised personE+W+S

18Regulations may provide that a person who intentionally obstructs an authorised person in the exercise of the powers of such a person under regulations made by virtue of this Schedule is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences as to securing possession of propertyE+W+S

19(1)Regulations may provide that a person is guilty of an offence if—

(a)the person makes a declaration with a view to securing the return of a vehicle under regulations made by virtue of paragraph 11 above;

(b)the declaration is that the vehicle was not being, or had not been, used in contravention of section 12(1) of this Act; and

(c)the declaration is, to the person's knowledge, either false or in any material respect misleading.

(2)Regulations may provide that a person guilty of such an offence is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.”.

Section 77

SCHEDULE 4E+WChange of name of PTAs: consequential amendments

Part 1 E+WAmendments of the Transport Act 1968

1E+WThe TA 1968 is amended as follows.

Commencement Information

I28Sch. 4 para. 1 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

2(1)Section 9 (Passenger Transport Areas, Authorities and Executives) is amended as follows.E+W

(2)In subsection (1)(a)—

(a)after “the following areas” insert “ shall be designated as follows ”;

(b)in sub-paragraph (i) for “the metropolitan counties” substitute “ each of the metropolitan counties shall be an integrated transport area ”;

(c)the words “shall be a passenger transport area” become part of sub-paragraph (ii).

(3)In subsection (1)(b) for the words from the beginning to the end of sub-paragraph (i) substitute—

“(b)any reference to “the Authority” is a reference to—

(i)in relation to an integrated transport area in England and Wales, the Integrated Transport Authority established for the metropolitan county which is coterminous with or includes that integrated transport area; and”.

(4)In subsection (1)(c) for the words preceding sub-paragraph (i) substitute—

“(c)any reference to “the Executive” is a reference to—”.

(5)In subsection (2) after “The Executive for” insert “ an integrated transport area or ”.

(6)In subsection (3) after “the Executive for any” insert “ integrated transport area or ”.

(7)In subsection (4) for “the Passenger Transport Authority” substitute “ the Authority ”.

(8)In subsection (5) for “a passenger transport area” substitute “ an integrated transport area ”.

(9)In consequence of the amendments made by this Part, the heading to that section becomes “ Areas, Authorities and Executives ”.

Commencement Information

I29Sch. 4 para. 2 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

3(1)Section 9A (general functions of Passenger Transport Authorities and Executives) is amended as follows.E+W

(2)Before “passenger transport area” (in each place) insert “ integrated transport area or ”.

(3)In consequence of the amendments made by this Part, the heading to that section becomes “ General functions of Authorities and Executives ”.

Commencement Information

I30Sch. 4 para. 3 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

4E+WIn section 10 (general powers of Executive), in each of subsections (1), (3) and (5), before “a passenger transport area” insert “ an integrated transport area or ”.

Commencement Information

I31Sch. 4 para. 4 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

5E+WIn section 12(1) (borrowing powers of Executive) after “the Executive for” insert “ an integrated transport area or ”.

Commencement Information

I32Sch. 4 para. 5 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

6E+WIn section 14(1) (accounts of Executive) after “The Executive for” insert “ an integrated transport area or ”.

Commencement Information

I33Sch. 4 para. 6 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

7E+WIn section 15 (further functions of Authority), in subsections (1) and (6), before “a passenger transport area” insert “ an integrated transport area or ”.

Commencement Information

I34Sch. 4 para. 7 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

8E+WIn section 16(1) (publication of annual report by Authority and Executive) after “The Authority for any” insert “ integrated transport area or ”.

Commencement Information

I35Sch. 4 para. 8 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

9E+WIn section 20(2) (special duty of Executives with respect to railway passenger services) after “the Executive for” insert “ an integrated transport area or ”.

Commencement Information

I36Sch. 4 para. 9 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

10E+WIn section 23 (consents of, or directions by, Minister under Part 2), in each of subsections (1), (2) and (3), before “a passenger transport area” insert “ an integrated transport area or ”.

Commencement Information

11E+WIn consequence of the amendments made by this Part—

(a)the heading to Part 2 of that Act becomes “ Integrated Transport Areas and Passenger Transport Areas ”;

(b)in the italic cross-headings preceding sections 9 and 20, before “Passenger Transport Areas” there is inserted “ Integrated Transport Areas or ”.

Commencement Information

12(1)Section 56 (assistance towards capital expenditure on public transport facilities) is amended as follows.E+W

(2)In subsection (4)(a) after “general policies formulated by” insert “ an Integrated Transport Authority or ”.

(3)For subsection (6)(bb) substitute—

“(bb)an Integrated Transport Authority for an integrated transport area in England;”.

Commencement Information

13E+WIn section 134(1) (duty to act in certain cases as body engaged in commercial enterprise) after “any area which is” insert “ an integrated transport area or ”.

Commencement Information

14(1)Section 137 (machinery for negotiation and consultation with staff) is amended as follows.E+W

(2)In subsection (1)(c) after “any area which is” insert “ an integrated transport area or ”.

(3)In subsection (3)(b)—

(a)after “such an Executive,” insert “ to the Integrated Transport Authority for the integrated transport area in question or, in Scotland, ”;

(b)for “relevant Passenger Transport Authority” substitute “ relevant Authority ”.

(4)In subsection (4) for “relevant Passenger Transport Authority” (in both places) substitute “ relevant Authority ”.

Commencement Information

15E+WIn section 141(1) (application of Town and Country Planning Acts) after “any area which is” insert “ an integrated transport area or ”.

Commencement Information

16E+WIn section 160(5) (stamp duty) after “any area which is” insert “ an integrated transport area or ”.

Commencement Information

17(1)Schedule 5 (Passenger Transport Authorities and Executives) is amended as follows.E+W

(2)In Part 2 (the Executive), in paragraph 2, after “the Authority for” (in both places) insert “ the integrated transport area or, as the case may be, ”.

(3)In Part 3 (matters which may be dealt with by order under section 9), in paragraph 11, after “the Executive for” insert “ an integrated transport area or ”.

(4)The heading to the Schedule becomes “ Passenger Transport Executives ”.

Commencement Information

Part 2 E+WAmendments of the Transport Act 1985

18E+WThe TA 1985 is amended as follows.

Commencement Information

19E+WIn consequence of the amendments made by this Part—

(a)the italic cross-heading preceding section 57 becomes “ Integrated Transport Areas and Passenger Transport Areas ”;

(b)the heading to section 57 becomes “ Areas, Authorities and Executives ”.

Commencement Information

20(1)In section 63(9)(b) (functions of local councils with respect to passenger transport) after “the Passenger Transport Executive for any” insert “ integrated transport area or ”.E+W

(2)In consequence of the amendments made by this Part, in the heading to section 63 after “other than” there is inserted “ integrated transport areas and ”.

Commencement Information

21E+WIn section 64(1) (consultation with respect to policies as to services) after “with every” insert “ Integrated Transport Authority, ”.

Commencement Information

22(1)Section 72 (the public transport companies and their controlling authorities) is amended as follows.E+W

(2)In subsection (1)(a)—

(a)before “passenger transport area” (in each place) insert “ integrated transport area or ”;

(b)before “Passenger Transport Authority” (in each place) insert “ Integrated Transport Authority or ”.

(3)In subsection (1)(b) after “section 61 of this Act” insert “ by the Integrated Transport Authority for any integrated transport area or ”.

(4)In subsection (3)(a) after “(as the case may be)” insert “ the Integrated Transport Authority or ”.

(5)In subsection (5)—

(a)after “in relation to” insert “ an Integrated Transport Authority or ”;

(b)after “that Executive or the” insert “ Integrated Transport Authority or ”.

Commencement Information

23E+WIn section 73(5) (control over constitution and activities of public transport companies) after “whose controlling authority are” insert “ the Integrated Transport Authority for any integrated transport area or ”.

Commencement Information

24E+WIn section 74(2) (disabilities of directors of public transport companies)—

(a)for “a Passenger Transport Authority for a passenger transport area” substitute “ an Integrated Transport Authority for an integrated transport area ”;

(b)for “that Passenger Transport Authority” substitute “ that Integrated Transport Authority ”.

Commencement Information

25(1)Section 75 (powers of investment and disposal in relation to public transport companies) is amended as follows.E+W

(2)In subsection (1) after “a Passenger Transport Executive,” insert “ an Integrated Transport Authority, ”.

(3)In subsection (4), at the beginning insert “ An Integrated Transport Authority ”.

Commencement Information

26(1)Section 79 (financial backing for public transport companies) is amended as follows.E+W

(2)In each of subsections (1), (4), (6) and (10), at the beginning insert “ An Integrated Transport Authority ”.

(3)In subsection (8) after “Subject to subsection (9) below,” insert “ an Integrated Transport Authority, ”.

Commencement Information

27(1)In section 80 (duty not to inhibit competition) at the beginning insert “ An Integrated Transport Authority or ”.E+W

(2)In consequence of the amendments made by this Part, in the heading to section 80 after “Duty of” there is inserted “ Integrated Transport Authority or ”.

Commencement Information

28(1)Section 81 (provision, maintenance and operation of bus stations) is amended as follows.E+W

(2)In subsections (1) and (3) after “Passenger Transport Executive for any” insert “ integrated transport area or ”.

Commencement Information

29E+WIn section 84(1)(a) (compensation for loss of employment, etc, on disposal of interest) after “any interests held by” insert “ an Integrated Transport Authority, ”.

Commencement Information

30(1)Section 85 (incorporation of Passenger Transport Executives into Authorities) is amended as follows.E+W

(2)In subsection (1)—

(a)after “the Passenger Transport Executive for any” insert “ integrated transport area or ”;

(b)after “specified in the order to” insert “ the Integrated Transport Authority or, as the case may be, ”.

(3)In subsection (3)—

(a)for “and Authorities” substitute “ , Integrated Transport Authorities and Passenger Transport Authorities ”;

(b)after “in relation to the” insert “ integrated transport area or ”.

Commencement Information

31E+WIn section 86(1) (amendments consequential on orders under section 85) after “in relation to” insert “ integrated transport areas or ”.

Commencement Information

32(1)Section 93 (travel concession schemes) is amended as follows.E+W

(2)In subsection (8)(b)(i) for “a metropolitan county passenger transport authority” substitute “ an Integrated Transport Authority for an integrated transport area ”.

(3)In subsection (9)(b) for “a Passenger Transport Authority for a passenger transport area” substitute “ an Integrated Transport Authority for an integrated transport area ”.

(4)In subsection (10) after “Where” insert “ an Integrated Transport Authority or ”.

Commencement Information

33E+WIn section 95(4) (publicity requirements for schemes) after “under section 93 of this Act are” insert “ an Integrated Transport Authority or ”.

Commencement Information

34E+WIn section 96(3) (right of service operators to participate in concession schemes) after “with the consent of” insert “ the Integrated Transport Authority or, as the case may be, ”.

Commencement Information

35E+WIn section 97(10) (compulsory participation in concession schemes) after “the consent of” insert “ the Integrated Transport Authority or, as the case may be, ”.

Commencement Information

36(1)Section 104 (travel concessions on services provided by PTEs) is amended as follows.E+W

(2)In subsections (1) and (2) for “Passenger Transport Authority” (in each place) substitute “ Authority ”.

(3)In subsections (2) and (3) before “a passenger transport area” insert “ an integrated transport area or ”.

(4)After subsection (3) insert—

“(4)In this section “Authority”, in relation to an area, means the Integrated Transport Authority or, as the case may be, the Passenger Transport Authority for that area.”.

Commencement Information

37E+WIn section 106(4)(a) (grants for transport facilities and services) after “any” insert “ Integrated Transport Authority, ”.

Commencement Information

38E+WIn section 130(3) (capital gains tax) after “from a Passenger Transport Executive to” insert “ an Integrated Transport Authority or ”.

Commencement Information

39E+WIn consequence of the amendments made by this Part, in the heading to section 133 for “Passenger Transport Authorities and Executives” there is substituted “ Authorities and Executives ”.

Commencement Information

40E+WIn section 137(5) (interpretation of references to Authorities, etc)—

(a)for “Passenger Transport Authorities and Executives” (in both places) substitute “ Integrated Transport Authorities, Passenger Transport Authorities and Passenger Transport Executives ”;

(b)before “passenger transport areas” (in both places) insert “ integrated transport areas and ”.

Commencement Information

Part 3 E+WAmendments of the Transport Act 2000

41E+WThe TA 2000 is amended as follows.

Commencement Information

42E+WIn section 108(4) (meaning of “local transport authority” for purposes of Part 2 of that Act) for paragraph (c) substitute—

“(c)an Integrated Transport Authority for an integrated transport area in England, or”.

Commencement Information

43(1)Section 124 (quality contracts schemes) is amended as follows.E+W

(2)In subsection (1A)—

(a)for “A Passenger Transport Authority” substitute “ An Integrated Transport Authority ”;

(b)for “a Passenger Transport Authority” substitute “ an Integrated Transport Authority ”;

(c)for “the Passenger Transport Authority” substitute “ the Integrated Transport Authority ”.

(3)In subsection (1B)—

(a)for “Passenger Transport Authority” substitute “ Integrated Transport Authority ”;

(b)for “Passenger Transport Authorities” substitute “ Integrated Transport Authorities ”.

(4)In subsection (11)—

(a)for “Passenger Transport Authority” substitute “ Integrated Transport Authority ”;

(b)for “a Passenger Transport Authority” substitute “ an Integrated Transport Authority ”;

(c)for “Passenger Transport Authorities” substitute “ Integrated Transport Authorities ”.

Commencement Information

44E+WIn section 146 (mandatory concessions: supplementary), in paragraph (c) of the definition of “travel concession authority”, for “a passenger transport area” substitute “ an integrated transport area ”.

Commencement Information

45(1)In section 157(1) (grants) for “the Passenger Transport Authority for a passenger transport area” substitute “ the Integrated Transport Authority for an integrated transport area ”.E+W

(2)In consequence of the amendments made by this Part, the heading to section 157 becomes “ Grants to Integrated Transport Authorities ”.

Commencement Information

46(1)Section 162 (interpretation of Part 2) is amended as follows.E+W

(2)In subsection (4)—

(a)for “a Passenger Transport Authority” substitute “ an Integrated Transport Authority ”;

(b)for “passenger transport area” (in both places) substitute “ integrated transport area ”;

(c)for “Passenger Transport Authorities” substitute “ Integrated Transport Authorities ”.

(3)In subsection (5)—

(a)for “Passenger Transport Authorities and Executives” (in both places) substitute “ Integrated Transport Authorities and Passenger Transport Executives ”;

(b)for “passenger transport areas” (in both places) substitute “ integrated transport areas ”.

Commencement Information

47E+WIn section 198(2) (interpretation of certain references to authority's local transport plan) for “the Passenger Transport Authority for the passenger transport area” substitute “ the Integrated Transport Authority for the integrated transport area ”.

Commencement Information

Part 4 E+WOther amendments

Local Government Act 1972 (c. 70)E+W

48(1)The Local Government Act 1972 is amended as follows.E+W

(2)In section 236(1) (procedure etc for byelaws) for “or a metropolitan county passenger transport authority” substitute “ or an Integrated Transport Authority for an integrated transport area in England ”.

(3)In section 236B(1) (power to revoke byelaws) for paragraph (d) substitute—

“(d)an Integrated Transport Authority for an integrated transport area in England.”.

(4)In section 238 (evidence of byelaws) for “or a metropolitan county passenger transport authority” substitute “ or an Integrated Transport Authority for an integrated transport area in England ”.

Commencement Information

Race Relations Act 1976 (c. 74)E+W

49(1)The Race Relations Act 1976 is amended as follows.E+W

(2)In Schedule 1A (bodies and other persons subject to general statutory duty), in paragraph 38, after “A Passenger Transport Executive for” insert “ an integrated transport area or ”.

Commencement Information

Transport Act 1983 (c. 10)E+W

50(1)The Transport Act 1983 is amended as follows.E+W

(2)In section 1 (interpretation of Part 1 of that Act)—

(a)in the definition of “Executive” for “passenger transport area” substitute “ integrated transport area ”,

(b)in the definition of “Authority” for “the metropolitan county passenger transport authority” substitute “ the Integrated Transport Authority ”.

Commencement Information

Road Traffic Regulation Act 1984 (c. 27)E+W

51(1)The Road Traffic Regulation Act 1984 is amended as follows.E+W

(2)In Part 5 of Schedule 9 (consultation with traffic commissioners about certain orders), in paragraph 31(b)—

(a)after “an area which is” insert “ an integrated transport area or ”;

(b)for “that passenger transport area” substitute “ that area ”.

Commencement Information

Rates Act 1984 (c. 33)E+W

52(1)The Rates Act 1984 is amended as follows.E+W

(2)In section 2(6) (authorities which may be designated for the purposes of section 1 of that Act) for paragraph (i) substitute—

“(i)Integrated Transport Authorities for integrated transport areas in England.”.

Commencement Information

Local Government Act 1985 (c. 51)E+W

53(1)The Local Government Act 1985 is amended as follows.E+W

(2)In section 28 (metropolitan county passenger transport authorities)—

(a)in subsection (1) for “ “Passenger Transport Authority”” substitute “ “Integrated Transport Authority” ”,

(b)in subsection (2)—

(i)for “passenger transport authorities” substitute “ authorities ”,

(ii)for “metropolitan county passenger transport authorities” substitute “ Integrated Transport Authorities ”,

(c)in subsection (3) for “metropolitan county passenger transport authority” substitute “ Integrated Transport Authority established under this section ”,

(d)in subsection (4) for “a metropolitan county passenger transport authority” substitute “ an Integrated Transport Authority established under this section ”.

(3)In consequence of the amendments made by this Part, the heading to section 28 becomes “ Integrated Transport Authorities ”.

(4)In section 35(3) (disqualification of members of PTE etc) for “the metropolitan county passenger transport authority” substitute “ the Integrated Transport Authority ”.

(5)In section 40(3) (certain references in the Civil Aviation Act 1982 to include references to passenger transport authorities) for “a metropolitan county passenger transport authority” substitute “ an Integrated Transport Authority for an integrated transport area in England ”.

(6)In Schedule 10 (number of members of joint authorities) for “passenger transport authority” (in each place) substitute “ Integrated Transport Authority ”.

Commencement Information

Airports Act 1986 (c. 31)E+W

54(1)The Airports Act 1986 is amended as follows.E+W

(2)In section 13(7) (application of section 13 to passenger transport authorities) for “a metropolitan county passenger transport authority” substitute “ an Integrated Transport Authority for an integrated transport area in England ”.

(3)In section 57(2) (airports excluded from scope of Part 5 of that Act) in paragraph (b)—

(a)for “a metropolitan county passenger transport authority” substitute “ an Integrated Transport Authority for an integrated transport area in England ”,

(b)for “an authority” substitute “ an Authority ”.

Commencement Information

I81Sch. 4 para. 54 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

Local Government Act 1988 (c. 9)E+W

55(1)The Local Government Act 1988 is amended as follows.E+W

(2)In Schedule 2 (public authorities to which section 17 of that Act applies)—

(a)for “A metropolitan county passenger transport authority.” substitute “ An Integrated Transport Authority for an integrated transport area in England. ”,

(b)in the entry relating to a Passenger Transport Executive, after “an Executive for” insert “ an integrated transport area or ”.

Commencement Information

Local Government Finance Act 1988 (c. 41)E+W

56(1)The Local Government Finance Act 1988 is amended as follows.E+W

(2)In section 88B(9) (relevant authorities for the purposes of special grants) for paragraph (b) substitute—

“(b)an Integrated Transport Authority for an integrated transport area in England.”.

(3)In section 111(2) (relevant authorities for the purposes of Part 8 of that Act) for paragraph (i) substitute—

“(i)an Integrated Transport Authority for an integrated transport area in England,”.

Commencement Information

Local Government and Housing Act 1989 (c. 42)E+W

57(1)The Local Government and Housing Act 1989 is amended as follows.E+W

(2)In section 155 (emergency financial assistance to local authorities), in subsection (4)(g), for “a metropolitan county passenger transport authority” substitute “ an Integrated Transport Authority ”.

Commencement Information

Railways Act 1993 (c. 43)E+W

58(1)The Railways Act 1993 is amended as follows.E+W

(2)In section 25(1) (public sector operators not to be franchisees)—

(a)in paragraph (c) for “metropolitan county passenger transport authority” substitute “ Integrated Transport Authority for an integrated transport area in England ”,

(b)in paragraph (d) for “a metropolitan county passenger transport authority” substitute “ an Integrated Transport Authority for an integrated transport area in England ”.

(3)In section 136(5)(a) (grants and subsidies) after “areas other than” insert “integrated transport areas and”.

(4)In section 149(5) (service of documents), in the definition of “local authority”, for “a metropolitan county passenger transport authority” substitute “ an Integrated Transport Authority for an integrated transport area in England ”.

Commencement Information

Value Added Tax Act 1994 (c. 23)E+W

59(1)The Value Added Tax Act 1994 is amended as follows.E+W

(2)In section 33(3) (bodies entitled to refunds in certain cases) for paragraph (d) substitute—

“(d)an Integrated Transport Authority, Passenger Transport Authority or Passenger Transport Executive for the purposes of Part 2 of the Transport Act 1968;”.

Commencement Information

Education Act 1996 (c. 56)E+W

60(1)The Education Act 1996 is amended as follows.E+W

(2)In section 509AB(7) (consultation regarding transport policy statements) for “Passenger Transport Authority” substitute “ Integrated Transport Authority ”.

Commencement Information

Audit Commission Act 1998 (c. 18)E+W

61(1)The Audit Commission Act 1998 is amended as follows.E+W

(2)In section 30(3) (meaning of “relevant authority” in relation to Passenger Transport Executives) for “Passenger Transport Authority” substitute “ Integrated Transport Authority ”.

Commencement Information

Local Government Act 1999 (c. 27)E+W

62(1)The Local Government Act 1999 is amended as follows.E+W

(2)In section 1(1) (best value authorities for the purposes of Part 1 of that Act) for paragraph (h) substitute—

“(h)an Integrated Transport Authority for an integrated transport area in England;”.

Commencement Information

Greater London Authority Act 1999 (c. 29)E+W

63(1)The Greater London Authority Act 1999 is amended as follows.E+W

(2)In section 211(1) (public sector operators for the purposes of Chapter 7 of Part 4 of that Act)—

(a)in paragraph (c) for “metropolitan county passenger transport authority” substitute “ Integrated Transport Authority for an integrated transport area in England ”,

(b)in paragraph (d) for “a metropolitan county passenger transport authority” substitute “ an Integrated Transport Authority for an integrated transport area in England ”.

Commencement Information

Freedom of Information Act 2000 (c. 36)E+W

64(1)The Freedom of Information Act 2000 is amended as follows.E+W

(2)In Schedule 1 (public authorities) for paragraph 28 substitute—

“28A Passenger Transport Executive for an integrated transport area for the purposes of Part 2 of the Transport Act 1968.”.

Commencement Information

Police Reform Act 2002 (c. 30)E+W

65(1)The Police Reform Act 2002 is amended as follows.E+W

(2)In Schedule 4 (police civilians), in paragraph 2 (powers of community support officers to detain, etc), for sub-paragraph (6E)(d) substitute—

“(d)an Integrated Transport Authority for an integrated transport area in England;”.

Commencement Information

Railways Act 2005 (c. 14)E+W

66(1)The Railways Act 2005 is amended as follows.E+W

(2)In section 13 (railway functions of Passenger Transport Executives)—

(a)in subsection (2) for “passenger transport area” substitute “ integrated transport area ”;

(b)in subsections (3), (4), (5), (7), (8) and (9) for “a passenger transport area” substitute “ an integrated transport area ”.

(3)In section 33(2) (persons on whom closure requirements may be imposed) for paragraph (d) substitute—

“(d)an Integrated Transport Authority or a Passenger Transport Authority;”.

(4)In section 58(3) (references in Act to Passenger Transport Authority)—

(a)after “a reference to” insert “ an Integrated Transport Authority or ”;

(b)after “or to” insert “ an integrated transport area or ”.

Commencement Information

Concessionary Bus Travel Act 2007 (c. 13)E+W

67(1)The Concessionary Bus Travel Act 2007 is amended as follows.E+W

(2)In section 9 (variation of reimbursement and other administrative arrangements), in subsections (6)(b) and (7)(b), for “Passenger Transport Authority” substitute “ Integrated Transport Authority ”.

Commencement Information

Local Government and Public Involvement in Health Act 2007 (c. 28)E+W

68(1)The Local Government and Public Involvement in Health Act 2007 is amended as follows.E+W

(2)In section 104 (application of Chapter 1 of Part 5: partner authorities) for subsection (2)(i) substitute—

“(i)an Integrated Transport Authority for an integrated transport area in England;”.

Commencement Information

Section 109

SCHEDULE 5E+WITAs and charging schemes: minor and consequential amendments

IntroductoryE+W

1E+WPart 3 of the TA 2000 (road user charging and workplace parking levy) is amended as follows.

Commencement Information

I96Sch. 5 para. 1 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Preliminary: power to make schemes does not limit other powersE+W

2E+WIn section 163(6) after “joint local-London charging schemes” insert “and joint ITA-London charging schemes”.

Commencement Information

I97Sch. 5 para. 2 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Conditions for making trunk road schemesE+W

3E+WIn section 167(2)(b) after “a local traffic authority” insert “, an Integrated Transport Authority”.

Commencement Information

I98Sch. 5 para. 3 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Charging schemes to be made by orderE+W

4(1)Section 168 is amended as follows.E+W

(2)In subsection (2)—

(a)after “a local traffic authority” insert “, an Integrated Transport Authority”;

(b)after “the local traffic authority” insert “or the Integrated Transport Authority”.

(3)In subsection (4) after “joint local-London charging schemes” insert “or joint ITA-London charging schemes”.

Commencement Information

I99Sch. 5 para. 4 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Confirmation of charging schemesE+W

5E+WIn section 169(3) after “joint local-London charging scheme” insert “or joint ITA-London charging scheme”.

Commencement Information

I100Sch. 5 para. 5 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Consultation and inquiriesE+W

6(1)Section 170 is amended as follows.E+W

(2)In subsection (5) after “joint local-London charging scheme” insert “or joint ITA-London charging scheme”.

(3)In subsection (7)(a) after “local traffic authority” insert “or Integrated Transport Authority”.

Commencement Information

I101Sch. 5 para. 6 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Traffic signsE+W

7E+WIn section 177(2) after “joint local-London charging scheme” insert “or joint ITA-London charging scheme”.

Commencement Information

I102Sch. 5 para. 7 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

GuidanceE+W

8(1)Section 193 is amended as follows.E+W

(2)In subsection (1) after “non-metropolitan local traffic authorities” insert “, Integrated Transport Authorities”.

(3)In subsection (2) after “joint local-London charging schemes” insert “, joint ITA-London charging schemes”.

Commencement Information

I103Sch. 5 para. 8 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

InterpretationE+W

9E+WIn section 198(1) insert each of the following definitions at the appropriate place—

  • ““eligible local traffic authority” has the meaning given by section 163(4A),”;

““joint local-ITA charging scheme” shall be construed in accordance with section 163(3)(bb),”;

““joint ITA-London charging scheme” shall be construed in accordance with section 163(3)(cc),”.

Commencement Information

I104Sch. 5 para. 9 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Financial provisionsE+W

10E+WSchedule 12 is amended as follows.

Commencement Information

I105Sch. 5 para. 10 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

11E+WIn paragraph 2(4) (net proceeds) after “local traffic authority” insert “or Integrated Transport Authority”.

Commencement Information

I106Sch. 5 para. 11 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

12(1)Paragraph 3 (apportionment) is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)for the word “or” at the end of paragraph (a) substitute—

“(aa)a joint local-ITA charging scheme,”;

(b)at the end of paragraph (b) insert “or

(c)a joint ITA-London charging scheme,”.

(3)In sub-paragraph (2) after “local traffic authority” insert “or Integrated Transport Authority”.

Commencement Information

I107Sch. 5 para. 12 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

13(1)Paragraph 7 (accounts and funds) is amended as follows.E+W

(2)In sub-paragraph (5)(c) after “London traffic authority,” insert “or an Integrated Transport Authority,”.

Commencement Information

I108Sch. 5 para. 13 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

14(1)Paragraph 8 (application of proceeds by non-metropolitan local traffic authorities) is amended as follows.E+W

(2)In sub-paragraph (3) for the word “and” at the end of paragraph (a) substitute—

“(aa)Integrated Transport Authorities;”.

(3)In sub-paragraph (4) for the word “or” at the end of paragraph (a) substitute—

“(aa)by an Integrated Transport Authority for the purpose of directly or indirectly facilitating the achievement of any of its local transport policies, or”.

Commencement Information

I109Sch. 5 para. 14 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

15E+WAfter paragraph 11 insert—

“Application of proceeds by Integrated Transport AuthoritiesE+W

11A(1)This paragraph applies to an Integrated Transport Authority's share of the net proceeds of any relevant scheme.

(2)The share of the net proceeds is available only—

(a)for application by the Authority for the purpose of directly or indirectly facilitating the achievement of any of the Authority's local transport policies, or

(b)for application in accordance with sub-paragraph (4) by an authority falling within sub-paragraph (3) selected by the Authority.

(3)The authorities which fall within this sub-paragraph are—

(a)non-metropolitan local traffic authorities;

(b)London traffic authorities and the Greater London Authority.

(4)A share of the net proceeds of a relevant scheme is applied in accordance with this sub-paragraph if it is applied—

(a)by a non-metropolitan local traffic authority for the purpose of directly or indirectly facilitating the achievement of any of its local transport policies, or

(b)by a London traffic authority or the Greater London Authority in accordance with the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999,

in a way which will benefit the whole or any part of the integrated transport area of the Authority.

11B(1)A relevant scheme made by an Integrated Transport Authority must include—

(a)a general plan relating to the application of its share of the net proceeds of the relevant scheme during the opening ten year period, and

(b)a detailed programme for the application of its share for the net proceeds of the relevant scheme during the opening five year period.

(2)See paragraph 10(2) for the meaning of “the opening ten year period” and “the opening five year period”.

11C(1)If a relevant scheme made by an Integrated Transport Authority remains in force after the end of the opening five year period, the Authority shall, during every fifth financial year after the financial year in which the scheme comes into force, prepare a detailed programme for the application of its share of the net proceeds of the scheme during the next five years.

(2)Any programme prepared in accordance with sub-paragraph (1) in relation to a relevant scheme prevails over any conflicting provisions in the general plan included in the scheme pursuant to paragraph 11B(1)(a).

(3)Except with the consent of the Secretary of State in any particular case, an Integrated Transport Authority may not apply its share of the net proceeds of a scheme for any purpose (other than making good any amount to its general fund) in any financial year beginning after the end of the opening five year period unless it is complying with sub-paragraph (1).”.

Commencement Information

I110Sch. 5 para. 15 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Section 121

SCHEDULE 6E+WAmendments of financial provisions relating to schemes

Part 1 E+WAmendments of Schedule 12 to the Transport Act 2000

1E+WSchedule 12 to the TA 2000 (financial provisions relating to road user charging and workplace charging schemes) is amended as follows.

Commencement Information

I111Sch. 6 para. 1 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Application of proceeds by non-metropolitan local traffic authoritiesE+W

2(1)Paragraph 8 is amended as follows.E+W

(2)In sub-paragraph (1) for “any early relevant scheme during the initial period of the scheme” substitute “any relevant scheme”.

(3)Omit sub-paragraphs (5) to (7).

Commencement Information

I112Sch. 6 para. 2 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Application of proceeds where paragraph 8 does not applyE+W

3E+WOmit paragraph 9.

Commencement Information

I113Sch. 6 para. 3 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Plans and programmes for application of proceedsE+W

4(1)Paragraph 10 is amended as follows.E+W

(2)In sub-paragraph (1)(b) for “the opening transport plan period” substitute “the opening five year period”.

(3)For sub-paragraph (2)(b) substitute—

“(b)“the opening five year period” means the period which begins with that date and ends with the fifth financial year that commences on or after that date.”.

(4)In sub-paragraph (3)—

(a)after “a scheme” insert “which relates to an area in Wales”;

(b)for “the appropriate national authority” substitute “the Welsh Ministers”.

Commencement Information

I114Sch. 6 para. 4 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Programme for application of proceeds after end of opening periodE+W

5(1)Paragraph 11 is amended as follows.E+W

(2)For sub-paragraph (1) substitute—

“(1)If a relevant scheme made by one or more non-metropolitan local traffic authorities remains in force after the end of the opening five year period, the authority or each of the authorities shall, during every fifth financial year after the financial year in which the scheme comes into force, prepare a detailed programme for the application of its share of the net proceeds of the scheme during the next five years.”.

(3)In sub-paragraph (2) for “included in a local transport plan by virtue of sub-paragraph (1)” substitute “prepared in accordance with sub-paragraph (1)”.

(4)In sub-paragraph (3) for “the opening plan period” substitute “the opening five year period”.

Commencement Information

I115Sch. 6 para. 5 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Application of proceeds by London traffic authoritiesE+W

6(1)Paragraph 12 is amended as follows.E+W

(2)In sub-paragraph (1) for the words from “only for application” to the end substitute—

“(a)in the case of a charging scheme under this Part, only for application for relevant transport purposes within the meaning of Schedule 23 to the Greater London Authority Act 1999;

(b)in the case of a licensing scheme under this Part, only for application in accordance with regulations made by the Secretary of State.”.

(3)After sub-paragraph (1) insert—

“(1A)Paragraphs 19(1) and (2), 20(1) and (5), 23(1) and (3) and 24 of Schedule 23 to that Act apply in relation to a charging scheme under this Part as they apply in relation to a charging scheme under that Schedule.”.

(4)In sub-paragraph (2)—

(a)omit paragraph (a);

(b)for “a relevant scheme” substitute “a licensing scheme”.

Commencement Information

I116Sch. 6 para. 6 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Application of proceeds by Secretary of State and Welsh MinistersE+W

7(1)Paragraph 13 is amended as follows.E+W

(2)In sub-paragraph (1)(b) omit the words from “and comes into force” to “the commencement of this Schedule”.

(3)Omit sub-paragraph (2).

(4)In sub-paragraph (3)—

(a)for “Sub-paragraph (1)” substitute “Sub-paragraph (1)(a)”;

(b)after “a scheme” insert “made by virtue of section 167(2)(a)”.

(5)In sub-paragraph (5)—

(a)for “sub-paragraph (1)” substitute “sub-paragraph (1)(a)”;

(b)after “a trunk road charging scheme” insert “made by virtue of section 167(2)(a)”.

Commencement Information

I117Sch. 6 para. 7 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Regulations and ordersE+W

8(1)In consequence of the amendments made by paragraphs 3 and 7(3), section 197 of the TA 2000 is amended as follows.E+W

(2)In subsections (3) and (4)(b) (regulations not to be made without consent of Treasury and approval of Parliament)—

(a)omit “9(1) or”;

(b)for “13(2) or (5)” substitute “13(5)”.

Commencement Information

I118Sch. 6 para. 8 in force at 9.2.2009 for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Part 2 E+WAmendments of Schedule 23 to the Greater London Authority Act 1999

9E+WSchedule 23 to the GLA Act 1999 (road user charging) is amended as follows.

Commencement Information

I119Sch. 6 para. 9 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

Application of net proceedsE+W

10(1)Paragraph 16 is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)omit “which comes into force during the period of ten years beginning with the inception of the Authority”;

(b)omit “during the scheme's initial period”.

(3)After sub-paragraph (1) insert—

“(1A)Sub-paragraph (1) above is subject to paragraph 18(1A) and (1B) below.”.

(4)Omit sub-paragraphs (2) to (4).

(5)In sub-paragraph (6) for “(1) to (5)” substitute “(1) and (5)”.

(6)Omit sub-paragraph (7).

Commencement Information

I120Sch. 6 para. 10 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

11E+WIn paragraph 17, omit sub-paragraphs (1), (2) and (6).

Commencement Information

I121Sch. 6 para. 11 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

Apportionment of net proceedsE+W

12(1)Paragraph 18 is amended as follows.E+W

(2)In sub-paragraph (1) omit “Subject to any provision made by regulations under paragraph 16(2) above,”.

(3)After sub-paragraph (1) insert—

“(1A)In the case of a charging scheme which imposes charges in respect of a trunk road, the Secretary of State may require the scheme to include provision for the payment to the Secretary of State of such portion of the net proceeds as is—

(a)provided for by the scheme, or

(b)otherwise determined with the consent of the Secretary of State.

(1B)Any portion of the net proceeds paid to the Secretary of State by virtue of sub-paragraph (1A) shall be available only for application for the purpose of directly or indirectly facilitating the achievement of any policies or proposals relating to transport.”.

(4)In sub-paragraph (2)—

(a)after “sub-paragraph (1)” insert “or (1A)”;

(b)omit “or regulations under paragraph 16(2) above”.

Commencement Information

I122Sch. 6 para. 12 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

Section 131

SCHEDULE 7E+W+SRepeals

Part 1 E+WRepeals relating to Part 2 of this Act

Commencement Information

I123Sch. 7 Pt. 1 in force at 9.2.2009 for specified purposes for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Short title and chapterExtent of repeal
Transport Act 1968 (c. 73)In section 9A(7), the words from “and to the bus strategy” to the end.
Transport Act 1985 (c. 67)

In section 63—

(a)

in subsection (8), the words “and to the appropriate bus strategy”,

(b)

subsection (8A).

Section 89(7)(b) and (8).

Transport Act 2000 (c. 38)

In section 108(1)(a), the words “facilities and services”.

Section 109(5) and (6).

Sections 110 and 111.

In section 112—

(a)

in subsection (1), the words “(and bus strategies)” and (in each place) “(and strategies)”,

(b)

in subsection (2), “and their bus strategy”.

Section 113(1) and (3).

Section 124(10).

Section 162(6).

In section 181(2)(a), the words “the local transport plans of”.

In section 198(2), the words from “and the councils” to the end.

In Schedule 11, paragraphs 3(5) and 11(5) and (6).

Transport (Wales) Act 2006 (c. 5)In the Schedule, paragraphs 2(3), 3(5) and (6) and 5.

Part 2 E+WRepeals relating to Part 3 of this Act

Commencement Information

I124Sch. 7 Pt. 2 in force at 9.2.2009 for specified purposes for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Short title and chapterExtent of repeal
Transport Act 2000 (c. 38)

In section 116(2), the word “and” at the end of paragraph (c).

In section 125(2), paragraph (c) and the word “and” preceding it.

In section 126(4)(a), the words “or (as the case may be) paragraphs (a) to (d) of section 124(1A)”.

Section 129(4).

In section 162(4), the entry relating to section 129(4).

In Schedule 10—

(a)

in paragraph 2(3)(b), the word “substantial”,

(b)

paragraphs 3 and 4,

(c)

paragraph 10(a),

(d)

paragraph 11,

(e)

paragraph 16(3).

Enterprise Act 2002 (c. 40)In Schedule 25, paragraph 44(12)(b), (c), (d) and (i).

Part 3 E+W+SRepeals relating to Part 4 of this Act

Commencement Information

I125Sch. 7 Pt. 3 in force at 9.2.2009 for specified purposes for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

I126Sch. 7 Pt. 3 in force at 9.2.2009 for specified purposes by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

Short title and chapterExtent of repeal
Transport Act 1968 (c. 73)

In section 10(1)—

(a)

paragraph (i),

(b)

in paragraph (iii), “(i) or” (in both places),

(c)

in paragraph (iv), “(i),”.

Section 24.

Transport Act 1985 (c. 67)

Section 9(3), (4) and (7) to (9).

In section 22(1), in paragraph (c) of the definition of “community bus service”, the words “but not more than sixteen”.

Section 23(2)(a).

Section 60(2) to (4), (7) and (8).

Section 74(3) to (12).

Section 75(3).

In section 79—

(a)

subsections (3) and (7),

(b)

in subsection (8), the words “, with the consent of the Secretary of State,”.

Transport Act 2000 (c. 38)

Section 155(2) and (4).

In Schedule 11, paragraph 13.

Constitutional Reform Act 2005 (c. 4)In Schedule 9, paragraph 42(2).

Part 4 E+WRepeals relating to Part 5 of this Act

Commencement Information

I127Sch. 7 Pt. 4 in force at 9.2.2009 for specified purposes by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

Short title and chapterExtent of repeal
Transport Act 1968 (c. 73)In section 9(1), the words “Subject to any order under section 42(1)(c) of the Local Government Act 1985 (alteration or abolition of passenger transport areas, etc)”.
Local Government Act 1985 (c. 51)

In section 42(1)—

(a)

the words “any of the following purposes”,

(b)

paragraph (c),

(c)

in paragraph (d) the words “whether or not an order is made for any of the foregoing purposes”.

In section 42(3), the words “any passenger transport authority”.

In Schedule 12, paragraph 3(1).

In Schedule 14, paragraph 31(2).

Transport Act 1985 (c. 67)

Section 58(2)(a) and (4)(c).

In Schedule 3, paragraph 18(c).

Education Reform Act 1988 (c. 40)In Schedule 12, paragraphs 45 and 46.
Transport Act 2000 (c. 38)Section 156.

Part 5 E+WRepeals relating to Part 6 of this Act

Commencement Information

I128Sch. 7 Pt. 5 in force at 9.2.2009 for specified purposes by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

I129Sch. 7 Pt. 5 in force at 9.2.2009 for specified purposes for E. by S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1

Short title and chapterExtent of repeal
Greater London Authority Act 1999 (c. 29)

In Schedule 23—

(a)

in paragraph 16(1), the words “which comes into force during the period of ten years beginning with the inception of the Authority” and “during the scheme's initial period”,

(b)

paragraph 16(2) to (4) and (7),

(c)

paragraph 17(1), (2) and (6),

(d)

in paragraph 18(1), the words “Subject to any provision made by regulations under paragraph 16(2) above,”,

(e)

in paragraph 18(2), the words “or regulations under sub-paragraph 16(2) above”,

(f)

paragraph 19(3)(a) and (4),

(g)

paragraph 20(2)(a), (3) and (4),

(h)

in paragraph 21(2), the words “and submit to the Secretary of State”,

(i)

paragraph 21(4),

(j)

paragraph 22(3),

(k)

in paragraph 22(4), the words “and approved” (in both places),

(l)

in paragraph 23(2), the words “and approved”,

(m)

in paragraph 24(3)(c), the words from “and, if approved” to the end,

(n)

paragraph 24(6)(a) and (7),

(o)

in paragraph 24(10), the words “prepared and approved” in the second place.

Transport Act 2000 (c. 38)

In section 166(2)(a), the words “the local transport plans of”.

Section 169(5).

In section 170(5), paragraph (b) and the word “and” preceding it.

In section 171(5), the word “and” at the end of paragraph (d).

In section 197(3) and (4)(b), the words “9(1) or”.

In Schedule 12—

(a)

paragraph 8(5) to (7),

(b)

paragraph 9,

(c)

paragraph 12(2)(a),

(d)

in paragraph 13(1)(b), the words from “and comes into force” to “the commencement of this Schedule”,

(e)

paragraph 13(2).