The National Assembly for Wales (Legislative Competence) (Transport) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Government of Wales Act 2006 (“the 2006 Act”). The Order extends the legislative competence of the National Assembly for Wales to make laws known as Measures of the National Assembly for Wales (referred to in the 2006 Act as “Assembly Measures”). The legislative competence conferred by this Order is subject to general limitations on the exercise of that legislative competence, which apply by virtue of section 94 of, and Schedule 5 to, the 2006 Act.

Article 2 inserts matter 10.2 into field 10 (highways and transport) of Part 1 of Schedule 5 to the 2006 Act. Matter 10.2 is about concessionary fares.

Articles 3 and 4 amend the general exceptions to matters under the heading “Highways and transport” in paragraph A1 of Part 2 of Schedule 5. The general exceptions apply to all matters in Part 1 of Schedule 5.

Article 3(2) amends exception (2) under that heading, which is an exception for the regulation of the use of motor vehicles on roads, their construction and equipment and conditions under which they may be so used, apart from specified types of regulation. The amendments allow the Assembly to make provision by Measure to regulate the description of vehicle which may be used pursuant to learner transport arrangements of the kind described in matter 5.10 (including description by reference to construction and equipment).

Article 3(3) amends exception (14) under the same heading, which is about transport security. The amendment allows the Assembly to make provision by Measure to regulate the carriage of supervising adults on vehicles used pursuant to learner transport arrangements.

The provision allowed by the amendments in articles 3(2) and (4) may only be made in respect of learner transport arrangements made by public authorities having education and training functions or by institutions or other bodies concerned with the provision of education or training (article 3(4)).

Article 4 amends exception (13)(c) under the heading “Highways and transport” in consequence of the repeal of Council Regulation (EEC) No 1191/69. It substitutes the reference to that Regulation in exception (13)(c) with a reference to its replacement: Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road.

A full regulatory impact assessment has not been prepared for this Order since the effect of this Order is only to confer competence on the National Assembly for Wales to legislate.