The Transport Act 1985 (Commencement No. 1) Order 1985

Citation and Interpretation

1.  This Order may be cited as the Transport Act 1985 (Commencement No. 1) Order 1985.

2.  In this Order—

“the 1981 Act” means the Public Passenger Vehicles Act 1981; and

“the 1985 Act” means the Transport Act 1985.

Commencement of Provisions

3.—(1) The provisions of the 1985 Act specified in the first column of the Schedule to this Order (which relate to the matters specified in the second column of that Schedule) shall come into operation on 6th January 1986 subject to the limitations (if any) specified in the third column of the Schedule.

(2) Section 107 of the 1985 Act (which relates to grants for services for disabled people in London) shall come into operation on 1st April 1986.

Transitional Provisions

4.  Until the repeal of section 42 of the 1981 Act, section 2(4)(b) of the 1985 Act shall be amended by the addition at the end of the words—

“or under section 42 of the 1981 Act.”.

5.—(1) Subject to any provisions made under the 1981 Act or by or under the 1985 Act, any reference in any enactment or instrument passed or made before 30th October 1985 to the traffic commissioners for a traffic area shall be construed as a reference to the traffic commissioner for that area, and related expressions shall be construed accordingly.

(2) Subject to any such provisions, in relation to any application made, thing done or proceedings pending before 6th January 1986 relating to the traffic commissioners for a traffic area, any such enactment or instrument shall apply as if that application had been made, thing had been done, or proceedings were pending in relation to the traffic commissioner for that traffic area.

6.  Any application for a road service licence under Part III of the 1981 Act or for a variation of any condition attached to such a licence received by the traffic commissioners for a traffic area before 6th January 1986 but not disposed of before that date (including the disposal of any related appeal) shall be dealt with as if the 1981 Act were not modified by paragraphs 2 to 5 of Schedule 6 to the 1985 Act.

7.  Any person who on 5th January 1986 was a deputy to the chairman of the traffic commissioners for any traffic area shall be deemed to have been appointed by the Secretary of State under paragraph 3 (if his appointment was under paragraph 4 of Schedule 2 to the 1981 Act) or paragraph 4 (if his appointment was under paragraph 5 of that Schedule) of Schedule 2 to the 1981 Act as substituted by section 3 of the 1985 Act as the deputy to the traffic commissioner for that area on the same terms and conditions as those on which he was appointed as deputy to the chairman of the traffic commissioners.

8.  The first report under section 55 of the 1981 Act(1) of the traffic commissioner for a traffic area shall relate to the period subsequent to that covered by the last such report of the traffic commissioners as then constituted for that traffic area and shall include such particulars of the proceedings of such traffic commissioners as the Secretary of State may direct.

9.  Until 26th October 1986—

(1) section 89(6)(b) of the 1985 Act shall have effect as if it read as follows—

“(b) a road service licence in respect of, or a consent to the operation of, a community bus service granted under section 45 of the 1981 Act(2) or a permit under section 22 of this Act.”;

(2) in section 110(2), the definition of bus service contained in section 92(8) of the Finance Act 1965(3) shall be amended by the substitution for paragraphs (a) and (b) of the following—

“(a) provided under a road service licence granted under Part III of the Public Passenger Vehicles Act 1981; or

(b) exempted from requiring a road service licence by section 43 of the London Regional Transport Act 1984; or

(c) provided in a trial area as defined in section 38 of the Public Passenger Vehicles Act 1981 and in respect of which the requirements of section 40 of that Act have been satisfied;”.

Nicholas Ridley

Secretary of State for Transport

5th December 1985