The Local Transport Act 2008 (Commencement No. 1 and Transitional Provisions) Order 2009

Article 2(1)

SCHEDULE 1

PART 1 PROVISIONS COMING INTO FORCE ON 9TH FEBRUARY 2009

• Section 1, in so far as it is not already in force.

• Section 6, in so far as it is not already in force.

• Section 47, and accordingly Schedule 3, in so far as they are not already in force.

• Sections 50 to 52, in so far as they are not already in force.

• Sections 62 and 63.

• Section 65(2) to (4), in so far as it is not already in force.

• Sections 66 and 67.

• Section 74, in so far as it is not already in force.

• Section 76.

• Sections 77 to 102, and accordingly Schedule 4, in so far as they are not already in force.

• Section 112(2), in so far as it is not already in force.

• Section 113(5) to (7), in so far as it is not already in force.

• Section 115(3) to (5), in so far as it is not already in force.

• Section 116(4) to (8).

• Section 117(2).

• Section 118(6) to (9).

• Section 119.

• Section 120, in so far as it is not already in force.

• Section 121 (in so far as it relates to Part 2 of Schedule 6), and accordingly Part 2 of Schedule 6.

• Sections 125 and 126, in so far as they are not already in force.

• Sections 128 to 130.

• Section 131, in so far as it relates to the following entries in Parts 3, 4 and 5 of Schedule 7—

  • the TA 1968(1),

  • the Local Government Act 1985(2),

  • entries for the TA 1985(3) relating to—

    • sections 9 and 60 of,

    • section 58(2)(a) and (4)(c) of, and

    • paragraph 18(c) of Schedule 3 to,

  • that Act,

  • the Education Reform Act 1988(4),

  • the GLA Act 1999(5),

  • section 156 of the TA 2000, and

  • the Constitutional Reform Act 2005(6),

• and accordingly those repeals.

PART 2 TRANSITIONAL PROVISIONS IN RELATION TO CERTAIN PROVISIONS COMING INTO FORCE ON 9TH FEBRUARY 2009

1.  Notwithstanding the coming into force of section 51 of the Act, section 9 of the TA 1985 (appeals against traffic regulation conditions) is to continue to apply without the amendments made by section 51 of the Act as respects appeals made before 9th February 2009.

2.—(1) Notwithstanding the coming into force of section 62 of the Act, the powers of traffic commissioners conferred by section 26 of the TA 1985 (conditions attached to PSV operator’s licence) are to continue to apply without the amendments made by section 62 of the Act as respects any failure to comply with requirements listed in that section which took place before 9th February 2009.

(2) Notwithstanding the coming into force of section 63 of the Act, the powers of traffic commissioners conferred by section 27A of the TA 1985 (additional powers where service not operated as registered) are not available to a traffic commissioner in any case where it appears to a traffic commissioner that an operator—

(a) has, or may have, failed to operate a local service registered under section 6 of the TA 1985; or

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

and that failure, or alleged failure, took place before 9th February 2009.

(1)

The Transport Act 1968, as defined in section 132 of the Act.

(2)

1985 c. 51.

(3)

The Transport Act 1985, as defined in section 132 of the Act.

(4)

1988 c. 40.

(5)

The Greater London Authority Act 1999, as defined in section 132 of the Act.

(6)

2005 c. 4.