The Traffic Areas (Reorganisation) Order 1990

Commencement and citation

1.—(1) This Order may be cited as the Traffic Areas (Reorganisation) Order 1990.

(2) Subject to paragraph (3), the provisions of the Order shall come into force on 1st June 1991 or 2 months after the day on which this Order is approved by resolution of each House of Parliament (whichever is the later).

(3) Article 8 shall come into force on the 14th day after the day on which the Order is approved by resolution of each House of Parliament.

Revocation

2.  The Traffic Areas (Reorganisation) (No. 2) Order 1983(1) is hereby revoked.

Interpretation

3.—(1) In this Order—

“the 1968 Act” means the Transport Act 1968(2);

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

“the 1983 Order” means the Traffic Areas (Reorganisation) (No. 2) Order 1983;

“new area” and “transferred area” shall be construed in accordance with article 4(6);

“goods vehicle operator’s licence” means an operator’s licence within the meaning of section 60(1) of the 1968 Act;

“operating centre”, in relation to a goods vehicle operator’s licence, has the meaning given by section 92 of the 1968 Act and, in relation to a PSV operator’s licence has the meaning given by section 82 of the 1981 Act;

“reorganisation date” has the meaning given by article 4;

“PSV operator’s licence” has the meaning given by section 82(1) of the 1981 Act.

(2) In this Order, a reference to a traffic commissioner for an area, in relation to anything done before section 3 of the Transport Act 1985(3) came into force, includes a reference to the traffic commissioners or the chairman of the traffic commissioners for the area (as appropriate).

(3) In this Order, unless the context otherwise requires, any reference to—

(a) a numbered article is a reference to the article bearing that number in this Order;

(b) a numbered paragraph is a reference to the paragraph bearing that number in the article in which it appears.

New areas

4.—(1) In this Order “reorganisation date” means the date that this article comes into force.

(2) On reorganisation date, the Metropolitan Traffic Area shall be abolished. In accordance with paragraph (5), the greater part of the area which that Area comprises shall become part of the area of the traffic area known at the date of the making of this Order as the South-Eastern Traffic Area and the rest shall become part of the Eastern Traffic Area.

(3) On and after reorganisation date the South-Eastern Traffic Area shall be known as the South-Eastern and Metropolitan Traffic Area.

(4) Notwithstanding the revocation of the 1983 Order, the remaining 8 traffic areas specified in the Schedule to that Order shall continue to exist.

(5) On reorganisation date the limits of those 8 areas shall be those specified in Schedule 1 to this Order and the limits of the following traffic areas—

(a) the North-Western Traffic Area,

(b) the North-Eastern Traffic Area,

(c) the Eastern Traffic Area,

(d) the Western Traffic Area, and

(e) the area known at the date of the making of this Order as the South-Eastern Traffic Area,

shall be altered accordingly.

(6) In this Order—

“transferred area” means an area which immediately before reorganisation date is in one traffic area and after that date, by virtue of this Order, becomes part of another traffic area; and

“new area”, in relation to a transferred area, means the traffic area of which, on and after reorganisation date, the transferred area forms part.

Construction and amendments of enactments and other documents

5.—(1) In section 80(1) of the 1981 Act, for the words “in Article 4(2) of, and the Schedule to, the Traffic Areas (Reorganisation) (No. 2) Order 1983” there shall be substituted the words “in article 4 of, and Schedule 1 to, the Traffic Areas (Reorganisation) Order 1990”.

(2) Any reference in any enactment passed or made before reorganisation date or in any other document made or issued before that date to the Metropolitan Traffic Area or to the Traffic Commissioner for that Area shall, in relation to any time on or after that date, be construed as a reference to the South-Eastern and Metropolitan Traffic Area or (as the case may be) the Traffic Commissioner for that Area.

Traffic Commissioners

6.—(1) Subject to paragraph (2), nothing in this Order shall affect the appointment of the traffic commissioner or a deputy traffic commissioner for any of the 8 traffic areas that remain in existence after reorganisation date.

(2) The Traffic Commissioner for the South-Eastern Traffic Area shall on and after reorganisation date be known as the Traffic Commissioner for the South-Eastern and Metropolitan Traffic Area.

Debts and liabilities

7.—(1) Any debt due to the Traffic Commissioner for the Metropolitan Traffic Area immediately before reorganisation date shall become due to the Traffic Commissioner for the South-Eastern and Metropolitan Traffic Area and any debt due to any other traffic commissioner shall continue to be due to that traffic commissioner.

(2) Any liability of the Traffic Commissioner of the Metropolitan Traffic Area outstanding immediately before reorganisation date shall become a liability of the traffic Commissioner for the South-Eastern and Metropolitan Traffic Area and any liability of any other traffic commissioner shall continue to be a liability of that traffic commissioner.

Goods vehicle operators' and PSV operators' licences

8.  Schedule 2 to this Order shall have effect in relation to goods vehicle operators' licences and PSV operators' licences.

Continuity of exercise of functions

9.—(1) Nothing in this Order shall affect the validity of anything done by a traffic commissioner before reorganisation date.

(2) Anything which immediately before reorganisation date is in the process of being done by or in relation to a traffic commissioner in relation to a transferred area may be continued by or in relation to the traffic commissioner for the new area.

(3) Anything done by or in relation to a traffic commissioner before reorganisation date in relation to a transferred area shall, so far as is required for continuing its effect on or after that date, have effect as if done by or in relation to the traffic commissioner for the new area.

(4) Without predudice to the generality of paragraphs (2) and (3), those paragraphs apply in particular to—

(a) any decision or determination made by a traffic commissioner;

(b) any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by a traffic commissioner;

(c) any notice, direction or certificate given by or to a traffic commissioner;

(d) any application, request, proposal, representation or objection made to a traffic commissioner;

(e) any condition or requirement imposed by a traffic commissioner;

(f) any fee paid by or to a traffic commissioner;

(g) any appeal against a decision of a traffic commissioner and any Order made on such an appeal;

(h) any appeal allowed or dismissed by a traffic commissioner;

(i) any proceedings instituted by or against a traffic commissioner.

(5) The foregoing provisions of this article are subject to article 7 and without prejudice to Schedule 2.

Inquiries

10.—(1) This article applies where—

(a) an inquiry held by a traffic commissioner under any Act or statutory instrument has begun before reorganisation date; and

(b) but for this article, the matter to be determined at the inquiry would fall to be determined in whole or in part by the traffic commissioner for a different traffic area.

(2) In such a case, the traffic commissioner holding the inquiry may if he thinks fit, on and after reorganisation date, continue to hold the inquiry (if it is not already completed) and, after it has been completed, make the determination.

(3) Any determination made by virtue of this article shall have effect as if it had been made by the traffic commiss*ioner to whom, but for this article, the determination would have fallen to be made.

(4) Paragraphs (1) to (3) shall apply with appropriate modification where an inquiry is held by a deputy traffic commissioner.

Signed by authority of the Secretary of State for Transport.

Christopher Chope

Parliamentary Under Secretary of State,

Department of Transport

19th December 1990