Statutory Instruments
Public Passenger Transport, England And Wales
Made
7th December 2009
Laid before Parliament
14th December 2009
Coming into force in accordance with regulation 1(2)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 6(3)(a) and (9)(b), (c) and (h) and 6B(5) and (7) of the Transport Act 1985(1) and section 60(1) and (1A) of the Public Passenger Vehicles Act 1981(2).
The Secretary of State has consulted representative organisations in accordance with section 61(2) of the Public Passenger Vehicles Act 1981(3), and the Administrative Justice and Tribunals Council in accordance with paragraph 24(1) of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007(4).
1985 c. 67. By virtue of section 137 of the Act, “regulations” means regulations made by the Secretary of State. Section 6 of the Transport Act 1985 has been amended by the Railways Act 2005 (c. 14), section 59(1) and Schedule 12, paragraph 8; the Education and Inspections Act 2006 (c. 40), section 85 and Schedule 10, paragraphs 2(1) to (3); the Local Transport Act 2008 (c. 26), sections 48(1) and (2) and 65(2) to (4). Section 6(2B) and (7A) were inserted by section 49(1) to (3) of the Local Transport Act 2008, and section 6(8) was amended by section 49(1) and (4) of that Act. There are other amendments to section 6 but none is relevant. Section 6B was inserted by section 49(5) of the Local Transport Act 2008.
1981 c. 14. Section 134 of the Transport Act 1985 provides that section 60 of the Public Passenger Vehicles Act 1981 (c. 14) (general power to make regulations for purposes of Act) has effect as if Parts 1 and 2 of the Transport Act 1985 were contained in the Public Passenger Vehicles Act 1981. Consequently, the requirements and powers in section 60 of the Public Passenger Vehicles Act 1981 apply to the making of these Regulations. Section 60(1) was amended by the Transport Act 1985, sections 3, 134(2) and 139(2), Part 3 of Schedule 2, Schedule 7 and Schedule 8. Section 60(1A) was inserted by section 134(2) of the Transport Act 1985. There are other amendments to section 60 but none is relevant.
For the reasons described in the footnote to the reference to the Public Passenger Vehicles Act 1981, the requirements in section 61 of that Act apply to the making of these Regulations. Section 61(2) was amended by the Transport Act 1985, sections 135(1) and 139(3) and Schedule 8.
2007 c. 15. The effect of paragraph 24(1) of Schedule 7 to this Act is that the power of the Secretary of State to make procedural rules for any listed tribunal can be exercised only after consultation with the Administrative Justice and Tribunals Council. The traffic commissioners for areas in England and Wales are a listed tribunal for the purposes of paragraph 24(1) by virtue of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007 (S.I. 2007/2951).