The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013

Interpretation

2.—(1) In these Regulations—

“appropriate” has the meaning given in regulation 10(5), for the purpose of regulation 10(4) only;

“Birmingham Coach Station” means the terminal of that name located at Mill Lane, Digbeth, Birmingham B5 6DB;

“Bus Users UK” means Bus Users UK Limited, a company limited by guarantee, registered number 04635458;

“contravention”, in relation to any condition or provision, includes a failure to comply with the condition or provision and “contravene” is to be construed accordingly;

“domestic regular service” means a regular service to which Regulation 181/2011 applies and which is operated exclusively within the United Kingdom by any carrier or performing carrier;

“enforcement authority” means a person designated as such by regulation 8;

“improvement notice” means, in respect of any contravention by any relevant person of Regulation 181/2011 or these Regulations, a notice requiring that person to implement the measures specified in the notice;

“initial exemption period” means the period which commenced on 1st March 2013 and ends on 28th February 2017;

“local authority” means (in relation to England and Wales) the Common Council of the City of London and any local authority within the meaning of section 270 of the Local Government Act 1972(1) and (in relation to Scotland) a council constituted under section 2 of the Local Government etc (Scotland) Act 1994(2);

“local transport authority” has the meaning given in (in relation to England and Wales) section 108(4) of the Transport Act 2000(3) and (in relation to Scotland) section 82(1) of the Transport (Scotland) Act 2001(4);

“local weights and measures authority” means a local weights and measures authority prescribed by section 69 of the Weights and Measures Act 1985(5);

“London road passenger transport services or facilities” has the meaning given in section 112L of the Transport Act 1985(6);

“London TravelWatch” means the London Transport Users’ Committee established by section 247 of the Greater London Authority Act 1999(7);

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

“operating centre” has the meaning given in section 82(1) of the 1981 Act(8);

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

“public service vehicle” has the meaning given in section 1 of the 1981 Act(9);

“Regulation 181/2011” means Regulation (EU) No 181/2011(10) of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004(11);

“relevant person” means any carrier, performing carrier, ticket vendor, travel agent, tour operator or terminal managing body;

“senior traffic commissioner” has the same meaning which it bears in section 4A of the 1981 Act(12);

“traffic area” has the same meaning which it bears in section 3 of the 1981 Act(13);

“traffic commissioner” has the meaning given in section 82(1) of the 1981 Act;

“turnover” means, in relation to any undertaking, the aggregate amount derived by that undertaking from the sale of products and the provision of services falling within the undertaking’s ordinary activities after deduction of sales rebates, value added tax and any other taxes directly related to turnover, determined in accordance with generally accepted accounting principles and practices; and

“Victoria Coach Station” means the terminal of that name located at 164 Buckingham Palace Road, London SW1W 9TP.

(2) Subject to paragraph (1), expressions which are also used in Regulation 181/2011 have the same meaning which they bear in that Regulation(14).

(1)

1972 c.70. Section 270 has been amended by the Local Government Act 1985 (c.51), Schedule 16, paragraph 8 and Schedule 17; and the Local Government (Wales) Act 1994 (c.19), section 1(5).

(2)

1994 c.39. Section 2 has been amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

(3)

2000 c.38. Subsection (4) has been amended by the Local Transport Act 2008 (c.26), Schedule 4, Part 3, paragraph 41 and 42; and by the Local Democracy, Economic Development and Construction Act 2009 (c.20), Schedule 6, paragraph 95 and 96.

(4)

2000 asp 2. Section 82(1) has been amended by the Transport (Scotland) Act 2005 (asp 12), section 51(8).

(5)

1985 c.72. Section 69 has been amended, so far as relevant to these Regulations, by the Local Government (Wales) Act 1994 (c.19), Schedule 16, paragraph 75; and the Local Government etc (Scotland) Act 1994 (c.39), Schedule 13, paragraph 144.

(6)

1985 c.67.

(7)

1999 c.29. Section 247 has been amended by the Railways Act 1995 (c.14), Schedule 6, paragraph 1 and Schedule 12, paragraph 14(1) and (7).

(8)

Section 82(1) of the 1981 Act has been amended, so far as relevant to these Regulations, by the Transport Act 1985, Schedule 2, Part II, paragraph 4(1) and (20); and the Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), Schedule 1.

(9)

Section 1 of the 1981 Act has been amended by the Transport Act 1985, Schedule 8.

(10)

OJ No L 55, 28.02.11, p1.

(11)

OJ No L 364, 09.12.04, p1.

(12)

Section 4A was inserted in the 1981 Act by section 3(1) of the Local Transport Act 2008.

(13)

Section 3 of the 1981 Act has been amended by the Transport Act 1985, Schedule 2, Part II, paragraph 4(1) and (2); and by the Local Transport Act 2008, section 1.

(14)

The expressions ‘regular service’, ‘carrier’, ‘performing carrier’, ‘ticket vendor’, ‘travel agent’, ‘tour operator’, ‘disabled person’, ‘person with reduced mobility’, ‘terminal’, ‘bus stop’ and ‘terminal managing body’ are defined in Article 3 of Regulation 181/2011.