2013 No. 1644
The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013
Made
Coming into force
The Secretary of State makes the following Order in exercise of the powers conferred by section 6 of the Local Transport Act 2008 (“the 2008 Act”)1.
The Administrative Justice and Tribunals Council has been consulted and that Council has consulted the Scottish and Welsh Committees, in accordance with section 44 of, and paragraph 24 of Schedule 7 to, the Tribunals, Courts and Enforcement Act 20072.
In accordance with section 6(6) of the 2008 Act, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
Citation, commencement, extent and application1
1
This Order may be cited as the Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 and comes into force on the day after the day on which it is made.
2
Articles 2 and 3 and Schedules 1 and 2 extend to England and Wales and Scotland (but see article 2 in relation to Scotland).
3
The amendments contained in Schedule 1 and Schedule 2 have the same extent as the enactments amended, except that nothing extends to Northern Ireland (and see article 2 in relation to Scotland).
4
Articles 4 to 6 and Schedules 3 to 6 extend to England and Wales only (but see paragraphs (5) and (6)).
5
Article 5 and Schedule 5 apply to England only.
6
Article 6 and Schedule 6 apply to Wales only.
Scotland2
In their application in relation to Scotland, article 3 and Schedules 1 and 2 have effect only so far as relating to reserved matters, within the meaning of the Scotland Act 19983.
Amendments – England and Wales and Scotland3
In the tables in Schedules 1 (primary legislation) and 2 (subordinate legislation) the provisions specified in column 1 of each Schedule are amended as specified in column 2 of that Schedule.
Amendments – England and Wales4
In the tables in Schedules 3 (primary legislation) and 4 (subordinate legislation) the provisions specified in column 1 of each Schedule are amended as specified in column 2 of that Schedule.
Amendments – England5
In the table in Schedule 5 (subordinate legislation) the provisions specified in column 1 of that Schedule are amended as specified in column 2 of that Schedule.
Amendments – Wales6
In the table in Schedule 6 (subordinate legislation) the English and Welsh text of the provisions specified firstly in English and thereafter in Welsh in column 1 of that Schedule is amended as specified in English and Welsh respectively in column 2 of that Schedule.
Transitional provisions7
1
Nothing in this Order affects the validity of anything done by a traffic commissioner before the date on which this Order comes into force.
2
Anything which immediately before the date on which this Order comes into force is in the process of being done by, or in relation to, a traffic commissioner for a traffic area in England and Wales or Scotland may be continued by, or in relation to, any traffic commissioner for England and Wales or, as the case may be, the Scottish traffic commissioner.
3
Any notice served, action taken or other thing done, before the date on which this Order comes into force, under or pursuant to any provision amended by this Order has effect on or after that date as though validly served, taken or done under or pursuant to that provision as amended by this Order.
4
Any debt or liability of or due to a traffic commissioner for a traffic area which is due or outstanding immediately before the date on which this Order comes into force is to be treated as a debt or liability of or due to (as the case may be) the senior traffic commissioner.
5
Without prejudice to the generality of paragraphs (2) to (4), 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 undertaking given to a traffic commissioner;
g
any matter affecting fees;
h
any appeal against a decision of a traffic commissioner and any order made on such an appeal;
i
any appeal allowed or dismissed by a traffic commissioner;
j
any proceedings instituted by or against a traffic commissioner.
6
The first period ending on or after the date on which this Order comes into force for which annual reports are required to be made under section 55 of the Public Passenger Vehicles Act 19814 (annual report of traffic commissioners) is to be the period of one year immediately following the end of the last period, which ended before that date, in relation to which annual reports were required under that section.
7
The annual reports which are made in relation to the first period ending on or after the date on which this Order comes into force are to cover all the proceedings of the reporting traffic commissioner during that period, whether as a traffic commissioner for a traffic area or as a traffic commissioner for England and Wales or, as the case may be, as the Scottish traffic commissioner.
Signed by authority of the Secretary of State for Transport
SCHEDULE 1Amendments extending to England and Wales and Scotland – Primary Legislation
Provision | Amendment |
---|---|
section 966 (permitted driving time and periods of duty), | In subsection (10)(b), for “the traffic commissioner for any area”, substitute “a traffic commissioner”. |
section 987 (written records), | In subsection (3), for “the traffic commissioner for any area”, substitute “a traffic commissioner”. |
section 998 (inspection of records and other documents), | In subsection (8), for “the traffic commissioner for any area”, substitute “a traffic commissioner”. |
section 1039 (interpretation, supplementary provisions, etc. for Part VI). | In subsection (5), for “The traffic commissioner for any area”, substitute “A traffic commissioner”. |
Provision | Amendment |
---|---|
section 311 (traffic areas), | For subsection (3), substitute—
|
section 512 (publication of information by traffic commissioners), | In subsection (2), for the words from “Where the” to “Transport for London;”, substitute—
|
section 1213 (PSV operators’ licences), | For subsections (2) and (3), substitute—
|
In subsection (4)—
| |
section 14A14 (objections to application for PSV operator’s licence), | In subsection (2A), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 1515 (duration of licences), | In subsection (3), for the words from “requests” to “shall,”, substitute “requests a traffic commissioner to terminate it at any time, he or another traffic commissioner must,”. |
In subsection (4), for the words from “The traffic commissioner” to “he”, substitute “A traffic commissioner may refuse to comply with such a request if he or another traffic commissioner”. | |
section 1616 (conditions attached to licences), | In subsection (1), for “area of that commissioner”, substitute “traffic area to which that licence relates”. |
In subsection (3), for the words from “A traffic commissioner” to “granted by him”, substitute “A traffic commissioner may attach to a PSV operator’s licence (whether at the time when the licence is granted or at any later time)”. | |
In subsection (5), for the words from “The traffic commissioner” to “in force”, substitute “At any time while a PSV operator’s licence is in force, a traffic commissioner may”. | |
In subsection (6)—
| |
In subsections (6A) and (6B), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In subsection (8), for “the traffic commissioner by whom the licence was granted”, substitute “a traffic commissioner”. | |
In subsection (9)—
| |
section 16A17 (conditions as to matters required to be notified), | In subsection (1)(a) and (b), for “the commissioner”, substitute “a traffic commissioner”. |
section 1718 (revocation, suspension etc. of licences), | In subsection (1), for the words from “The traffic” to “revoke the”, substitute “A traffic commissioner must revoke a standard”. |
In subsection (2)—
| |
In subsection (4), for “him to do so”, substitute “that an inquiry be held”. | |
In subsection (5B), for the words from “A traffic commissioner” to “this section”, substitute “Where a licence is suspended under this section, a traffic commissioner”. | |
section 1819 (duty to exhibit operator’s disc), | In subsections (2B) and (2C), for “the traffic commissioner by whom the licence was granted”, substitute “a traffic commissioner”. |
section 1920 (duty to inform traffic commissioners of relevant convictions etc.), | In subsection (1), for “to whom the application was made”, substitute “dealing with the application”. |
In subsections (2) and (3), for “the traffic commissioner by whom the licence was granted”, substitute “a traffic commissioner”. | |
For subsection (4), substitute—
| |
section 2021 (duty to give traffic commissioners information about vehicles), | In subsection (3)—
|
section 2122 (certificates of qualification), | In subsection (1), for the words from “may apply” to “as to his repute”, substitute “may apply to a traffic commissioner for a certificate as to the applicant’s repute”. |
In subsection (2), for the words from “the traffic commissioner” to “of his duties”, substitute “the traffic commissioner dealing with the application such information as he or another traffic commissioner may reasonably require for the discharge of duties of a traffic commissioner”. | |
In subsection (3), for the words from “The traffic commissioner” to “shall certify”, substitute “The traffic commissioner dealing with an application under subsection (1) above shall certify”. | |
section 49A23 (review of decisions), | In subsection (1), after “any decision of his”, insert “, or of another traffic commissioner”. |
In subsection (2)(a)—
| |
In subsection (2)(b), for “him to review it”, substitute “that the decision be reviewed by a traffic commissioner”. | |
section 5024 (appeals to the Upper Tribunal), | In subsections (1), (4), (4A) and (8), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In subsection (6), for “The traffic commissioner”, substitute “A traffic commissioner”. | |
In subsection (7), after “he”, insert “or another traffic commissioner”. | |
section 5225 (fees for grant of licences etc.), | In subsection (1)(a)—
|
In subsection (2E), for the words from “The traffic commissioner” to “granted”, substitute “A traffic commissioner”. | |
In subsection (2F), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
section 5427 (inquiries held by traffic commissioners), | In subsection (2), for “he may hold a single inquiry”, substitute “a single inquiry may be held”. |
section 5528 (annual report of traffic commissioners), | For “The traffic commissioner for each traffic area” substitute “Each traffic commissioner”. |
section 5629 (records of licences), | In subsection (1), for “The traffic commissioner for each traffic area”, substitute “Each traffic commissioner”. |
section 56A30 (correction of errors), | For section 56A substitute— |
| |
section 5731 (death, bankruptcy etc. of licence holder), | In subsection (4)—
|
section 8232 (general interpretation provisions), | In subsection (1), for the definition of “traffic commissioner”, substitute—
|
Schedule 2A33 (detention of certain PSVs used without PSV operators’ licences), | In paragraph 9—
|
| |
In paragraph 11—
| |
In paragraph 13, for “the traffic commissioner”, substitute “a traffic commissioner”. | |
Schedule 334 (supplementary provisions as to qualifications for PSV operator’s licence). | In paragraph 7A, in sub-paragraph (2)(a), for “to hold an inquiry” substitute “an inquiry should be held”. |
In paragraph 7C—
|
Provision | Amendment |
---|---|
Schedule 536 (minor and consequential amendments). | Paragraph 22. See the entry for section 52(1)(a)(ii) of the Public Passenger Vehicles Act 198137. |
Provision | Amendment |
---|---|
section 1239 (use of taxis or hire cars in providing local services), | In subsection (1)(a), for “the appropriate”, substitute “a”. |
In subsection (11) omit the words “by traffic commissioners”. | |
In subsection (12), for “granted by the traffic commissioner for”, substitute “in relation to”. | |
section 1940 (permits in relation to use of public service vehicles by educational and other bodies), | In subsection (4) omit the words “in his area”. |
In subsection (5) omit the words “within his area”. | |
section 2041 (further provision with respect to permits under section 19), | For subsection (5) substitute—
|
section 2242 (community bus permits), | In subsection (2), for the words from “the traffic commissioner” to “will be”, substitute “a traffic commissioner”. |
section 2343 (further provision with respect to community bus permits), | In subsection (3) omit the words “granted by him”. |
In subsection (4), for the words from “The traffic commissioner” to “while the permit”, substitute “A traffic commissioner may at any time while a community bus permit”. | |
In subsection (6)—
| |
section 2644 (conditions attached to PSV operator’s licence), | In subsection (1), for “to whom he has granted or is proposing to grant”, substitute “who has been granted or to whom it is proposed to grant”. |
In subsection (3), for the words from “the traffic commissioner” to the end of the subsection, substitute “a traffic commissioner may cancel the registration”. | |
Omit subsection (4). | |
In subsection (5), for “the commissioner”, substitute “a traffic commissioner”. | |
In subsection (6)(a), for the words from “for which” to “acts”, substitute “to which the licence relates”. | |
section 27 (supplementary provisions with respect to conditions attached to PSV operator’s licence under section 26), | In subsection (1), for the words from “if he has” to “request for an inquiry”, substitute “if a request for an inquiry has been received by a traffic commissioner (within the prescribed period)”. |
In subsection (3)—
| |
section 2845 (power to disqualify PSV operators), | In subsection (1), for “the traffic commissioner for any traffic area”, substitute “a traffic commissioner”. |
In subsection (3), for “the area of one or more specified traffic commissioners”, substitute “one or more specified traffic areas”. | |
In subsection (4), for “the traffic commissioner by whom it was granted”, substitute “a traffic commissioner”. | |
In subsection (6A), for the words from “The traffic commissioner” to “subsection (1) above”, substitute “Where an order disqualifying a person has been made under subsection (1) above, a traffic commissioner”. | |
Schedule 446 (constitution, powers and proceedings of the transport tribunal). | In paragraph 13(2), for “the determination of a traffic commissioner for a traffic area in Scotland”, substitute “a determination of any traffic commissioner in relation to a traffic area in Scotland.” |
In paragraph 1747 (powers of First-tier Tribunal and Upper Tribunal in relation to transport appeals), in sub-paragraph (2), for paragraph (b) substitute—
|
Provision | Amendment |
---|---|
section 7349 (provisions supplementary to sections 69 to 72), | In subsection (1), for paragraph (a), substitute—
|
In subsection (1ZA) omit paragraph (a). | |
In subsection (1A), for paragraph (a), substitute—
| |
In subsection (1C), in paragraph (b), for “were brought”, substitute “were required to be brought”. | |
section 11150 (functions of traffic commissioners), | In subsection (1), for the words from “The traffic commissioner” to “1981”, substitute “A traffic commissioner”. |
section 11351 (grant of licences: referral of matters of conduct to traffic commissioners), | In subsection (1), for the words from “the traffic commissioner” to “resides”, substitute “a traffic commissioner”. |
In subsection (2), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In subsection (3), for “to whom a reference has been made”, substitute “dealing with a reference”. | |
In subsection (4), for “the commissioner may”, substitute “the commissioner dealing with the application may”. | |
In subsection (5), for “The traffic commissioner to whom a reference has been made”, substitute “A traffic commissioner dealing with a reference”. | |
section 11652 (revocation or suspension of licences: referral of matters of conduct to traffic commissioners), | In subsection (1), for the words from “the traffic commissioner” to “resides”, substitute “a traffic commissioner”. |
In subsections (2) and (2A), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In subsection (3), for “to whom a reference has been made”, substitute “dealing with a reference”. | |
In subsection (4), for “the commissioner may”, substitute “the commissioner dealing with the reference may”. | |
In subsection (5), for “the traffic commissioner to whom a reference has been made”, substitute “a traffic commissioner dealing with a reference”. | |
In subsection (6), for the words from “the traffic commissioner” to “resides”, substitute “a traffic commissioner”. | |
section 11853 (revoked or suspended licences: surrender, return and endorsement), | In subsection (2) (if its substitution by virtue of paragraph 20(3) of Schedule 3 to the Road Safety Act 200654 does not come into force on or before the date on which this Order comes into force)—
|
In subsection (2B) (as it has effect, or is to have effect, by virtue of paragraph 20(3) of Schedule 3 to the Road Safety Act 2006), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In subsection (5) (if its omission by virtue of paragraph 20(5) of the Road Safety Act 2006 does not come into force on or before the date on which this Order comes into force), for “the traffic commissioner”, substitute “he or another traffic commissioner”. | |
section 11955 (appeals to magistrates’ court or sheriff), | In subsection (1), for “and any traffic commissioner to whom the matter was referred”, substitute “and, if the matter was referred to a traffic commissioner, to the traffic commissioner dealing with the matter”. |
In subsection (2), for “the commissioner shall”, substitute “the commissioner dealing with the matter shall”. | |
section 12256 (provisions as to Northern Ireland licences), | In subsection (2) omit the words from “subject to the modification” to the end of the subsection. |
section 16457 (power of constables to require production of driving licence and in certain cases statement of date of birth). | In subsection (3)(b), for “the traffic commissioner”, substitute “a traffic commissioner”. |
Provision | Amendment |
---|---|
Schedule 1, Part 159 (tribunals under direct supervision of council). | In the second column (tribunal and statutory authority), in paragraph 40, for sub-paragraph (a) substitute—
|
Provision | Amendment |
---|---|
section 7461 (powers of certain office-holders). | In subsection (4), for paragraph (e), substitute—
|
Provision | Amendment |
---|---|
section 163 (functions of traffic commissioners), | In subsection (1), for the words from “The traffic commissioner” to “Vehicles Act 1981”, substitute “A traffic commissioner”. |
section 564 (vehicles authorised to be used under operator’s licence), | In subsection (4)(a), for “the area of the traffic commissioner by whom”, substitute “a traffic area in respect of which”. |
In subsection (6) (if its substitution by virtue of section 263 of the Transport Act 200065 does not come into force on or before the date on which this Order comes into force), in the words following paragraph (b)—
| |
In the subsection (6) which has effect, or is to have effect, by virtue of section 263 of the Transport Act 2000—
| |
In subsection (7), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In subsection (9), for the words from “the traffic commissioner” to “in that licence”, substitute “a traffic commissioner that a vehicle specified in an operator’s licence (“the first licence”)”. | |
section 7 (operating centres to be specified in operators’ licences), | For subsection (1), substitute—
|
section 866 (applications for operators’ licences), | For subsection (1), substitute—
|
In subsection (3)(b), for “in the area of the commissioner”, substitute “in the traffic area concerned”. | |
In subsection (6), for “a traffic commissioner”, substitute “the traffic commissioner”. | |
After subsection (6), add—
| |
section 967 (convictions etc. subsequent to the making of an application), | In subsection (1), for “to whom it was made”, substitute “dealing with the application”. |
In subsection (2), for “to whom the application was made”, substitute “dealing with the application”. | |
In subsection (4)(a) and (b), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
section 1068 (publication by traffic commissioner of notice of application for licence), | In subsection (1), for “made to him”, substitute “which is received”. |
section 1169 (publication in locality affected of notice of application for licence), | In subsection (1), for the words from “the traffic commissioner” to “is made”, substitute “a traffic commissioner who is dealing with an application for an operator’s licence”. |
In subsection (3), for “The traffic commissioner”, substitute “A traffic commissioner”. | |
In subsection (4), for “in the area of the traffic commissioner”, substitute “in the traffic area concerned”. | |
section 1270 (objections to, and representations against, issue of operators’ licences), | In subsections (1)(b) and (4), for “in the traffic commissioner’s area”, substitute “in the traffic area concerned”. |
In subsection (8), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In subsection (12), omit the words from “and, in relation to” to “has been made”, which follow the definition of “trade union”. | |
section 13A71 (requirements for standard licences), | In subsection (3)(c)(i), for “the traffic commissioner” substitute “a traffic commissioner”. |
section 13C (requirements for standard and restricted licences), | In subsection (5), for “the traffic commissioner’s area” substitute “the traffic area concerned”. |
section 1472 (determinations where objections etc. are made on environmental grounds), | In subsection (2), for “in his area”, substitute “in the traffic area concerned”. |
In subsection (3)—
| |
In subsection (6)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
section 1673 (duration of operators’ licences), | In subsection (3), for the words from “requests” to “shall,”, substitute “requests a traffic commissioner to terminate it at any time, he or another traffic commissioner must,”. |
In subsection (4), for the words from “The traffic commissioner” to “he”, substitute “A traffic commissioner may refuse to comply with such a request if he or another traffic commissioner”. | |
section 1774 (variation of operators’ licences), | In subsection (1), for “the traffic commissioner by whom the licence was issued”, substitute “a traffic commissioner”. |
In subsection (1)(g), for “traffic commissioner’s”, substitute “same traffic”. | |
In subsection (2), for the words from “the traffic commissioner” to “information as he”, substitute “the traffic commissioner dealing with the application, in such form as he or another traffic commissioner may require, such information as he or another traffic commissioner”. | |
In subsection (3), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
section 1875 (publication of notice of applications for variation in any locality affected), | In subsection (1), for the words from “the traffic commissioner” to “refuse the application”, substitute “a traffic commissioner who is dealing with an application for an operator’s licence shall refuse the application for any of the directions mentioned in subsection (2)”. |
In subsection (2)(d), for “in the traffic commissioner’s area”, substitute “in the traffic area concerned”. | |
In subsection (4), for “The traffic commissioner”, substitute “A traffic commissioner”. | |
In subsection (5)(a), for “in the area of the traffic commissioner”, substitute “in the traffic area concerned”. | |
In subsection (5)(b), for “in the area of the commissioner”, substitute “in the traffic area concerned”. | |
section 1976 (objection to, and refusal of, applications to vary operators’ licences on environmental grounds), | In subsections (2), (4) and (6), for “in the traffic commissioner’s area”, substitute “in the traffic area concerned”. |
In subsections 2(c) and (6), for “the commissioner”, substitute “a traffic commissioner”. | |
In subsection (7)—
| |
In subsection (11), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
section 20 (variation of licences: further provisions), | In subsection (1), for the words from “to the traffic commissioner” to “that it be converted”, substitute “for a direction that the licence be varied by converting it”. |
In subsection (2) omit the words “to the traffic commissioner by whom the licence was issued”. | |
In subsection (2)(b), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
section 21 (conditions for securing road safety), | In subsection (3)—
|
section 2277 (conditions as to matters required to be notified to traffic commissioner), | In subsection (1), for “to inform him”, substitute “to inform a traffic commissioner”. |
In subsections (1)(c) and (4), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In subsection (2)(a) and (b), for “the commissioner”, substitute “a traffic commissioner”. | |
section 2378 (conditions as to use of operating centres), | In subsection (1), for “in his area”, substitute “in the traffic area to which the licence relates”. |
In subsection (2)(a) omit the words “in the area of the traffic commissioner”. | |
In subsection (4)—
| |
section 2479 (interim operators’ licences), | In subsection (3), for “The traffic commissioner”, substitute “A traffic commissioner”. |
In subsections (4), (5) and (6), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
section 25 (interim variations), | In subsection (1), for the words from “the traffic commissioner” to “the application,”, substitute “a traffic commissioner may, before the application has been determined,”. |
In subsections (3), (4) and (5), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
section 2680 (revocation, suspension and curtailment of operators’ licences), | In subsection (1), for the words from “the traffic commissioner” to “direct that it”, substitute “a traffic commissioner may direct that an operator’s licence”. |
In subsection (1)(a), for “commissioner’s area”, substitute “traffic area to which the licence relates”. | |
In subsection (2), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In subsection (4), for the words from “the traffic commissioner” to “him”, substitute “a traffic commissioner in the case of the holder of any operator’s licence”. | |
In subsection (6), for “the traffic commissioner directs”, substitute “a traffic commissioner gives a direction under subsection (1)”. | |
In subsection (8), for the words from “The traffic commissioner” to “was given”, substitute “Where a direction suspending or curtailing a licence has been given under subsection (1), a traffic commissioner”. | |
section 2781 (revocation of standard licences), | In subsection (1), for “The traffic commissioner by whom a standard licence was issued shall direct that it”, substitute “A traffic commissioner shall direct that a standard licence”. |
In subsection (2), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In subsection (3)—
| |
section 2882 (disqualification), | In subsection (4), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In subsection (6), for the words from “The traffic commissioner” to “subsection (1)”, substitute “Where an order has been made under subsection (1) disqualifying any person, a traffic commissioner”. | |
section 2983 (revocation and disqualification etc: supplementary provisions), | In subsection (1), for “him to do so”, substitute “that an inquiry be held”. |
In subsection (2), for “The traffic commissioner”, substitute “A traffic commissioner”. | |
In subsection (3), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
section 3084 (periods of review for operating centres), | In subsection (1)—
|
section 3185 (power to remove operating centres on review), | In subsection (1), for “having served notice”, substitute “after a notice has been served”. |
In subsections (1) and (5), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In subsection (3), after “to him”, insert “or another traffic commissioner”. | |
section 3286 (power to attach conditions on review), | In subsection (1)—
|
In subsection (2), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In subsection (2)(b), for “the commissioner”, substitute “the traffic commissioner giving the direction”. | |
In subsection (3)(b), for “the commissioner”, substitute “the traffic commissioner giving the direction”. | |
In subsection (4), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
section 34 (determinations as to environmental matters), | In subsection (5)(b), for “having served notice”, substitute “after a notice has been served”. |
section 3587 (power of traffic commissioners to hold inquiries), | In subsection (2), for “he”, substitute “he or another traffic commissioner”. |
section 36 (review of decisions), | In subsection (1), after “of his”, insert “, or of another traffic commissioner,”. |
In subsection (2)—
| |
section 3788 (rights of appeal in connection with operators’ licences), | In subsection (6)(b), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 4289 (meaning of “officer” and powers of police constables), | In subsection (1)(b), for “the traffic commissioner for any area”, substitute “a traffic commissioner”. |
section 4390 (evidence by certificate), | In subsection (2), for “the commissioner” in each place where those words occur, substitute “a traffic commissioner”. |
section 4491 (assessors), | In subsection (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 45 (fees), | In subsection (5), for “The traffic commissioner”, substitute “A traffic commissioner”. |
section 4892 (operators’ licences not to be transferable etc.), | In subsections (2) and (3) omit the words “issued by him”. |
In subsection (4)—
| |
section 4993 (certificates of qualification), | In subsection (5), for paragraphs (a), (b) and (c), substitute—
|
section 5894 (general interpretation), | In subsection (1) omit the definition of “area”. |
Omit subsection (5). | |
Schedule 1A95 (detention of vehicles used without operator’s licence), | In paragraph 9—
|
In paragraph 10—
| |
In paragraph 12, for “the traffic commissioner”, substitute “a traffic commissioner”. | |
Schedule 296 (information about, and convictions of, applicants for and holders of operators’ licences), | In paragraph 1, in sub-paragraph (a), after “the traffic commissioner”, insert “dealing with the application”. |
Schedule 397 (qualifications for standard licence), | In paragraph 15—
|
In paragraph 17—
| |
Schedule 498 (transfer of operating centres), | After paragraph 4, add—
|
Schedule 599 (large goods vehicles). | In paragraph 2, in sub-paragraph (3), omit the words “issued by him”. |
In paragraph 3, in sub-paragraph (1), for “at the office of the traffic commissioner”, substitute “to a traffic commissioner at an office”. |
Provision | Amendment |
---|---|
Schedule 1, Part 6101 (other public bodies and offices: general). | For the entry relating to “The Traffic Commissioners” substitute “A traffic commissioner, in respect of information held by the commissioner otherwise than as a tribunal”. |
SCHEDULE 2Amendments extending to England and Wales and Scotland — Subordinate Legislation
Provision | Amendment |
---|---|
regulation 3107 (interpretation). | Omit the definition of “the Commissioners”. |
Provision | Amendment |
---|---|
regulation 9 (notification of increase of seating or standing capacity). | For “the traffic commissioners who granted that licence” substitute “a traffic commissioner”. |
Provision | Amendment |
---|---|
the Schedule, | |
Part 1 (the Public Passenger Vehicles Act 1981), | In column 2—
|
| |
Part 2 (the Transport Act 1985). | In column 2, in the entry relating to section 12(12) of the 1985 Act, for the words from “by the traffic commissioner” to “area”, substitute “in relation to the same traffic area”. |
Provision | Amendment |
---|---|
regulation 4111 (traffic commissioner to make copies of “Notices and Proceedings” available), | In paragraph (1) omit “at his offices”. |
regulation 5 (records). | For “Every traffic commissioner” substitute “A traffic commissioner”. |
In paragraph (1) omit “by him”. | |
In paragraph (3), for “by him”, substitute “by him or another traffic commissioner”. | |
In paragraph (4) omit “with him”. |
Provision | Amendment |
---|---|
article 4 (returns). | For the words from “the traffic commissioner” to “carried on” substitute “a traffic commissioner”. |
In paragraph (a), for “every such permit”, substitute “every permit granted by it”. |
Provision | Amendment |
---|---|
article 5 (construction and amendments of enactments and other documents). | In paragraph (2), for “the Traffic Commissioner for that Area” in the second place where those words occur, substitute “a traffic commissioner”. |
Provision | Amendment |
---|---|
article 5 (impounding of goods vehicles). | In paragraph (1)—
|
In paragraph (4), for “The traffic commissioner”, substitute “A traffic commissioner”. | |
In paragraph (5)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
Provision | Amendment |
---|---|
regulation 4 (manner of making applications), | In paragraph (a), for “the traffic commissioner to whom the application is made”, substitute “a traffic commissioner”. |
regulation 5 (time of applications), | For “the traffic commissioner” substitute “a traffic commissioner”. |
regulation 6 (dispensations as to applications), | For “The traffic commissioner” substitute “A traffic commissioner”. |
regulation 7 (notice of applications), | In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 8 (restrictions on applications), | In paragraphs (1) and (2), for “The traffic commissioner”, substitute “A traffic commissioner”. |
regulation 9 (inspection of applications), | In paragraph (1), for the words from “The traffic commissioner” to “available for inspection”, substitute “Until an application has been determined, a traffic commissioner shall make available for inspection”. |
In paragraph (2)—
| |
In paragraph (3)(a), for “the office of his traffic area”, substitute “an office provided for the use of a traffic commissioner in relation to the traffic area to which the application relates”. | |
In paragraph (4)(a), for “the office of his traffic area”, substitute “an office provided for the use of a traffic commissioner in relation to the traffic area to which the licence relates”. | |
regulation 11 (manner of making objections and representations), | In paragraph (1), for “the traffic commissioner at the office of his traffic area”, substitute “a traffic commissioner”. |
regulation 13 (consideration of objections and representations), | In paragraphs (1) and (2), for “The traffic commissioner”, substitute “A traffic commissioner”. |
regulation 14 (conditions which may be attached to a licence), | In paragraph (a), for “in the area of the traffic commissioner”, substitute “in the traffic area to which the licence relates”. |
regulation 15 (considerations relevant to determinations), | In paragraph (1)(c), for “to whom the application is made”, substitute “dealing with the application”. |
regulation 18 (manner of service of notice on review of an operating centre), | For “the traffic commissioner” substitute “a traffic commissioner”. |
regulation 19 (manner of making representations in relation to a review), | For “the traffic commissioner at the office of his traffic area” substitute “a traffic commissioner”. |
regulation 21 (statement to be issued by the traffic commissioner), | In paragraph (1)—
|
In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In paragraph (3)—
| |
regulation 22 (notification of decisions), | In paragraph (1)(c), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 23116 (identification of motor vehicles), | In paragraph (1), for “The traffic commissioner”, substitute “A traffic commissioner”. |
In paragraph (4), for “the traffic commissioner,”, substitute “a traffic commissioner,”. | |
regulation 24 (temporary addition of a motor vehicle), | In paragraphs (a) and (b), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 25 (notification of change of address), | For “the traffic commissioner by whom the licence was granted” substitute “a traffic commissioner”. |
regulation 27 (issue of copies of licences and discs), | In paragraph (1), for “the traffic commissioner by whom the licence or disc was issued”, substitute “a traffic commissioner”. |
In paragraph (2), for “the traffic commissioner” in each place where those words occur, substitute “a traffic commissioner”. | |
In paragraph (3), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
regulation 28 (return of licences and discs), | In paragraph (1)—
|
| |
| |
In paragraph (5), for “the traffic commissioner” in both places where those words occur, substitute “a traffic commissioner”. | |
regulation 29117 (partnerships), | In paragraph (10), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 30 (holding companies and subsidiaries), | In paragraph (1)—
|
In paragraph (4)(a), for “the traffic commissioner who issued or varied its licence”, substitute “a traffic commissioner”. | |
In paragraph (5), in the wording in quotation marks—
| |
| |
regulation 31118 (continuance of licence on death, bankruptcy etc.), | In paragraph (3), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (4), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. | |
In paragraph (6)(b), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
regulation 35 (manner of service of notice of review on ground of procedural irregularity), | For “the traffic commissioner” substitute “a traffic commissioner”. |
Schedule 1 (notice of application for a licence or a variation of a licence), | In paragraph 2, in the wording in quotation marks—
|
Schedule 2 (modifications in relation to holding companies and subsidiaries), | In paragraph 2(h), in the wording in quotation marks—
|
In paragraph 2(j), for “the traffic commissioner” in both places where those words occur, substitute “a traffic commissioner”. | |
Schedule 4119 (inquiries). | In paragraph 1—
|
In paragraph 5(7), for the words from “he was required” to “paragraph 1 of this Schedule”, substitute “notice of the inquiry was required to be given to such a person under paragraph 1 of this Schedule”. | |
In paragraph 6(5), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In paragraph 8, for the words from ““inquiry” means” to “Act 1995”, substitute—
|
Provision | Amendment |
---|---|
regulation 4 (inspection of applications), | In paragraph (1), for the words from “The traffic commissioner” to “a licence”, substitute “Where an application for a licence is received, a traffic commissioner”. |
In paragraph (2)—
| |
regulation 5 (objections to applications for licences), | In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (3)—
| |
regulation 8 (requirements of notice and consideration of representations), | For regulation 8 substitute—
|
regulation 9 (requirements of notice and consideration of representations), | For paragraph (1) substitute—
|
In paragraph (2)—
| |
| |
In paragraph (4), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
regulation 13 (issue of a duplicate licence or disc and prohibition on unauthorised alteration of a disc), | In paragraph (1), for the words from “the traffic commissioner” to “marked as such”, substitute “a traffic commissioner so that a duplicate, marked as such, may be provided”. |
In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In paragraph (3)—
| |
regulation 14 (compulsory return of licences and discs), | In paragraph (1), for “the traffic commissioner by whom it was granted”, substitute “a traffic commissioner”. |
In paragraph (2), for “the commissioner”, substitute “a traffic commissioner”. | |
In paragraph (3)—
| |
In paragraph (4), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In paragraph (5), for “the traffic commissioner who issued it”, substitute “a traffic commissioner”. | |
In paragraph (6)—
| |
In paragraph (7) omit “in the traffic area”. | |
regulation 15 (voluntary return of discs), | In paragraph (1)—
|
In paragraph (2) omit “in the traffic area”. | |
regulation 16 (production of licences and discs for examination), | In paragraph (1)—
|
In paragraph (2)—
| |
regulation 17 (notification of decisions), | For “The traffic commissioner” substitute “A traffic commissioner”. |
Omit “to him”. | |
Omit “the traffic commissioner”. | |
regulation 19 (notices generally), | In paragraph (5), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 20 (notification of change of address). | For the words from “the traffic commissioner” to “granted”, substitute “a traffic commissioner”. |
Provision | Amendment |
---|---|
regulation 3123 (fees). | In paragraph (8), for “the traffic commissioner”, substitute “a traffic commissioner”. |
Provision | Amendment |
---|---|
Schedule 6, Part 1 (modifications to the Goods Vehicles (Licensing of Operators) Act 1995125 in relation to foreign goods vehicles). | In paragraph (k), in the words in quotation marks, for “the traffic commissioner by whom the licence was issued” substitute “a traffic commissioner”. |
In paragraph (m), in the words in quotation marks—
| |
In paragraph (o), in the words in quotation marks, for the words from “the traffic commissioner” to “direct that it”, substitute “a traffic commissioner may direct that an operator’s licence”. |
Provision | Amendment |
---|---|
article 4 (construction and amendment of enactments and other documents). | In paragraphs (1) and (2), for “the traffic commissioner for the Welsh Traffic Area”, substitute “a traffic commissioner”. |
Provision | Amendment | ||
---|---|---|---|
the Schedule128 (specified bodies). |
|
Provision | Amendment |
---|---|
regulation 3 (interpretation)130, | For the definition of “traffic commissioner” substitute—
|
regulation 56 (holders of licences who are disqualified by order of a court), | In paragraph (5), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 57 (removal of disqualification), | In paragraph (1), for the words from “the traffic commissioner” to “referred to him”, substitute “a traffic commissioner in a case which was referred under regulation 56(5)”. |
regulation 81 (service personnel), | For the words from “The traffic commissioner” to “Traffic Areas” substitute “A traffic commissioner”. |
regulation 82 (Northern Ireland licences). | Omit paragraph (1). |
In paragraph (2), for sub-paragraph (b), substitute—
|
Provision | Amendment |
---|---|
rule 5 (method of applying), | In paragraph (2), for “the traffic commissioner”, substitute—
|
rule 6 (contents of notice), | In paragraph (b), after “the traffic commissioner”, insert “who made the decision in respect of which the application is made or such other traffic commissioner as may be dealing with the application”. |
rule 8 (traffic commissioner’s statement of reasons), | In paragraph (1)—
|
In paragraph (2), for “he has previously done so”, substitute “this has previously been done”. | |
rule 10 (decision of the Tribunal), | In paragraph (3), for “the traffic commissioner”, substitute—
|
rule 12 (method of appealing), | In paragraph (2)(b), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought or, as the case may be, such other traffic commissioner as may be required by the senior traffic commissioner to deal with the appeal”. |
rule 13133 (action on receipt of appeal), | In paragraph (1)(a), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought or such other traffic commissioner as may be dealing with the appeal”. |
rule 14134 (parties to an appeal), | In paragraph (1), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought”. |
rule 15 (supply of information and documents), | In paragraph (1)—
|
In paragraph (1)(a) and (b), after “the traffic commissioner”, insert “who made the decision”. | |
In paragraph (1)(c), for “the traffic commissioner’s note of the inquiry”, substitute “the note of the inquiry prepared by the traffic commissioner who held it”. | |
In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In paragraph (3), after “The traffic commissioner”, insert “who made the decision against which the appeal is brought, or such other traffic commissioner as may be dealing with the appeal,”. | |
rule 23 (amendment), | In paragraph (2)(b), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought, or such other traffic commissioner as may be dealing with the appeal,”. |
rule 25 (disclosure of documents), | In paragraph (1), after “The traffic commissioner”, insert “who made the decision against which the appeal is brought, such other traffic commissioner as may be dealing with the appeal”. |
rule 28135 (withdrawal of proceedings), | In paragraph (2), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought or such other traffic commissioner as may be dealing with the appeal”. |
rule 29 (arrangements for hearings), | In paragraph (3)(b), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought, or such other traffic commissioner as may be dealing with the appeal,”. |
rule 32 (limitation to grounds relied upon and evidence given), | In paragraph (1), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought”. |
In paragraph (2), after “the traffic commissioner”, insert “who made the decision”. | |
rule 35136 (decision of the Tribunal). | In paragraph (3), after “the traffic commissioner”, insert “who made the decision against which the appeal is brought, or such other traffic commissioner as may be dealing with the appeal,”. |
Provision | Amendment |
---|---|
regulation 9138 (notification of detention of a vehicle and its contents), | In paragraph (1)—
|
regulation 10139 (applications to a traffic commissioner), | In paragraph (1), for the words from “the traffic commissioner” to “was detained”, substitute “a traffic commissioner”. |
In paragraph (2)(b), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
regulation 11140 (hearings), | In paragraph (1)—
|
After paragraph (6) add—
| |
regulation 12141 (notification of determinations), | For “The traffic commissioner” substitute “A traffic commissioner”. |
In paragraph (a), for “after receiving”, substitute “after the receipt of”. | |
regulation 13142 (appeals from a determination of a traffic commissioner to the Upper Tribunal), | In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 14143 (return of a vehicle detained), | For “the traffic commissioner”, in the first place where those words occur, substitute “a traffic commissioner”. |
regulation 15144 (disposal of vehicles). | In paragraph (1)(b), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (2), for sub-paragraph (b), substitute—
|
Provision | Amendment |
---|---|
The Schedule (excluded authorities), Part 2, | For the entry relating to the Traffic Commissioner for the Welsh Traffic Area substitute— “Any traffic commissioner who carries out functions only or mainly in or as regards Wales, in respect of information held by that traffic commissioner otherwise than as a tribunal.” |
Provision | Amendment |
---|---|
article 2147 (list of tribunals). | In the Table, in the first column, for “Traffic Commissioners for areas in England and Wales”, substitute “Traffic commissioners for England and Wales and the Scottish traffic commissioner in respect of the exercise in relation to any traffic area in England and Wales of any functions of a traffic commissioner that relate to reserved matters within the meaning of the Scotland Act 1998148”. |
Provision | Amendment |
---|---|
regulation 2 (interpretation), | In regulation 2(1), for the definition of “issuing body”, substitute—
|
regulation 10 (replacement of certain permits and discs which are lost or destroyed), | In paragraph (1) omit “which granted the permit or issued the disc”. |
In paragraph (5) omit “which granted or issued it”. | |
regulation 11(revocation of permits granted before 6th April 2009 which are lost or destroyed), | In paragraph (1) omit “which granted the permit or issued the disc”. |
In paragraph (7) omit “which granted or issued it”. | |
regulation 12 (return of permits and discs), | For paragraphs (a) and (b), substitute—
|
regulation 13 (transitional provisions). | In paragraph (3), for “the traffic commissioner for”, substitute “a traffic commissioner in relation to”. |
Provision | Amendment |
---|---|
regulation 6 (attaching conditions to permits : large buses), | In paragraph (1)—
|
regulation 7 (return of permits for conditions to be attached), | In paragraph (1), for the words from “A holder” to “so that”, substitute “The holder of a permit must, on receipt of a written notice from a traffic commissioner, produce the permit to a traffic commissioner so that”. |
In paragraph (2)(e), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In paragraph (3), for “the traffic commissioner” in both places where those words occur, substitute “a traffic commissioner”. | |
In paragraph (4), for “the traffic commissioner” in each place where those words occur, substitute “a traffic commissioner”. | |
In paragraphs (5) and (7), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
regulation 11 (replacement of certain permits and discs which are lost or destroyed), | In paragraph (1), for “the traffic commissioner who granted the permit or issued the disc”, substitute “a traffic commissioner”. |
In paragraph (2)(b), for “the traffic commissioner to issue a replacement permit”, substitute “a replacement permit to be issued”. | |
In paragraph (3)—
| |
In paragraph (5), for “the traffic commissioner who granted or issued it”, substitute “a traffic commissioner”. | |
regulation 12 (revocation of permits granted before 6th April 2009 which are lost or destroyed), | In paragraph (1), for “the traffic commissioner who granted the permit or issued the disc”, substitute “a traffic commissioner”. |
In paragraph (2)(b), for “the traffic commissioner to grant a new permit”, substitute “a new permit to be granted”. | |
In paragraph (3)—
| |
| |
| |
In paragraph (7), for “the traffic commissioner who granted or issued it”, substitute “a traffic commissioner”. | |
regulation 13 (surrender of permits and discs). | For “the traffic commissioner who granted and issued them” substitute “a traffic commissioner”. |
Provision | Amendment |
---|---|
Schedule 1 (specified functions). | In Part 2 (Public Passenger Vehicles Act 1981152), in paragraphs 7, 8, 9, 10, 11, 14, 15, 16, 18, 19 and 20, omit the word “the” before “traffic commissioners”. |
In Part 5 (Goods Vehicles (Licensing of Operators) Act 1995153), in paragraphs 44, 45, 46 and 47, omit the word “the” before “traffic commissioners”. |
Provision | Amendment |
---|---|
regulation 9 (informing persons that their property has been detained etc.), | In paragraph (3), for sub-paragraph (b), substitute—
|
In paragraph (4)—
| |
regulation 11 (application to traffic commissioner for return of vehicle), | In paragraph (1), for the words from “the traffic commissioner” to “was detained”, substitute “a traffic commissioner”. |
In paragraph (3), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
regulation 12 (hearings by traffic commissioner), | In paragraph (1)—
|
After paragraph (6) add—
| |
regulation 13 (notification of determinations), | In paragraph (1), for “The traffic commissioner”, substitute “A traffic commissioner”. |
regulation 14 (consequences of the traffic commissioner’s determination), | In paragraph (a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (b), for “commissioner determines”, substitute “commissioner dealing with the application determines”. | |
regulation 15 (appeal to Upper Tribunal from traffic commissioner), | For “the traffic commissioner” substitute “a traffic commissioner”. |
regulation 16 (sale or destruction of vehicle). | In paragraph (1), for “the traffic commissioner” in both places where those words occur, substitute “a traffic commissioner”. |
In paragraph (4), for sub-paragraph (b), substitute—
|
SCHEDULE 3Amendments extending to England and Wales — Primary Legislation
Provision | Amendment |
---|---|
section 38156 (parking place to be used as bus or coach station), | In subsection (4), for “the appropriate traffic commissioner”, substitute “a traffic commissioner”. |
In subsection (7) omit paragraph (a). | |
Schedule 9, Part 5157 (consultation with traffic commissioners). | In paragraph 31, for sub-paragraph (a), substitute—
|
Provision | Amendment |
---|---|
section 6160 (registration of local services), | In subsection (2)(a), for “the traffic commissioner for that area”, substitute “a traffic commissioner”. |
In subsection (8)(a) and (b), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In subsection (9)—
| |
section 6A161 (applications for registration etc. where restrictions are in force), | In subsection (1)—
|
| |
section 6B162 (applications for registration where quality contracts scheme in force), | In subsection (8), insert the following definition at the appropriate place—
|
section 7163 (application of traffic regulation conditions to local services subject to registration under section 6), | In subsection (1)—
|
In subsection (3), for the words from “the traffic area” to “them”, substitute “a traffic area”. | |
In subsection (8)—
| |
In subsection (9), for the words from “he has received” to “for an inquiry”, substitute “a request for an inquiry has been received by a traffic commissioner (within the prescribed period)”. | |
In subsection (11)—
| |
In subsection (12), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In subsection (14)—
| |
section 8 (enforcement of traffic regulation conditions, etc.), | In subsection (1), for the words from “the traffic commissioner” to “granted”, substitute “a traffic commissioner”. |
Omit subsection (3). | |
In subsection (4), for the words from “it shall be” to “concerned to”, substitute “a traffic commissioner must”. | |
section 9 (appeals against traffic regulation conditions)164, | In subsection (6), for paragraph (d), substitute—
|
section 26165 (conditions attached to PSV operator’s licence), | In subsection (1A)—
|
In subsection (2) omit the words “(or direct another commissioner to attach)”. | |
Omit subsection (2A). | |
In subsection (5A)—
| |
Omit subsection (5C). | |
section 27A166 (additional powers where service not operated as registered), | In subsection (2), for “him”, substitute “him or another traffic commissioner”. |
After subsection (7) insert—
| |
section 81167 (provision, maintenance and operation of bus stations). | In subsection (6), for the words from “the traffic commissioner”, in the first place where those words occur, to “the Secretary of State”, substitute “a traffic commissioner”. |
In subsection (7), for “the traffic commissioner”, substitute “a traffic commissioner”. |
Provision | Amendment |
---|---|
section 191 (consultation), | In subsection (2), for paragraphs (d) and (e), substitute—
|
section 194 (application of the Public Passenger Vehicles Act 1981169), | In subsection (2)(a), for “the traffic commissioner by whom the licence was granted”, substitute “a traffic commissioner”. |
section 195 (interpretation of Chapter 5). | Omit the definition of “traffic commissioner for the Metropolitan Traffic area”. |
Provision | Amendment |
---|---|
section 114171 (quality partnership schemes), | In subsection (3C), for “the traffic commissioners are”, substitute “a traffic commissioner is”. |
section 115172 (notice and consultation requirements), | In subsection (3), for paragraph (d), substitute—
|
section 116173 (making of scheme), | In subsection (6)—
|
section 117174 (postponement of scheme or of provision of particular facilities or standards of service), | In subsection (3)—
|
section 118175 (effect of scheme), | In subsection (4)(a), for the words from “the traffic commissioner” to “relates”, substitute “a traffic commissioner”. |
section 122176 (regulations about schemes), | In subsection (1)(d), for “the traffic commissioner”, substitute “a traffic commissioner”. |
section 125177 (notice and consultation requirements), | In subsection (3)(e), for the words from “the traffic commissioner” to “relates”, substitute “a traffic commissioner”. |
In subsection (3)(f), for “that area”, substitute “the area to which the proposed scheme relates”. | |
section 127178 (making of scheme), | In subsection (8)(b), for the words from “the traffic commissioner” to “that area”, substitute “a traffic commissioner”. |
section 128179 (postponement of scheme), | In subsection (3)—
|
section 130180 (tendering for quality contracts), | In subsection (7), for the words from “the traffic commissioner” to “relates”, substitute “a traffic commissioner”. |
section 131A181 (continuation of schemes for further periods), | In subsection (4)(b), for “traffic commissioners for areas to which scheme relates”, substitute “a traffic commissioner”. |
section 132182 (variation or revocation of scheme), | In subsection (6)—
|
In subsection (8)(c), for the words from “any traffic commissioner” to “Wales,”)”, substitute “a traffic commissioner”. | |
section 132D183 (period for which interim service may be provided), | In subsection (5)(b), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In subsection (6), for “The traffic commissioner”, substitute “A traffic commissioner”. | |
For subsection (7), substitute—
| |
section 136 (notice and consultation requirements), | In subsection (3), for paragraph (c), substitute—
|
section 137184 (making of scheme), | In subsection (4), for paragraph (b), substitute—
|
section 139185 (information about bus services), | In subsection (2), for paragraph (b), substitute—
|
section 140 (duty of authority to make information available), | In subsection (4), for “the traffic commissioner for the traffic area covering their area”, substitute “a traffic commissioner”. |
section 155186 (sanctions). | In subsection (1), for “the traffic commissioner for any traffic area”, substitute “a traffic commissioner”. |
SCHEDULE 4Amendments extending to England and Wales — Subordinate Legislation
Provision | Amendment |
---|---|
Regulation 7188 (safe custody and recording of property). | In paragraph (3), for “the traffic commissioners for the area in which the record is kept”, substitute “a traffic commissioner”. |
Provision | Amendment |
---|---|
Regulation 3190 (applications for registration), | For paragraphs (1) and (2), substitute—
|
In paragraph (3), for “the traffic commissioner to whom it is made”, substitute “a traffic commissioner”. | |
In paragraph (4), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In paragraph (5)—
| |
Regulation 7191 (which modifies section 6 of the Transport Act 1985192 in certain cases), | In paragraph (1)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
Regulation 9193 (variations of registered services), | In paragraph (3), for “the traffic commissioner with whom the service is registered”, substitute “a traffic commissioner”. |
Regulation 9A194 (cancellation). | In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (2)—
| |
In paragraph (4)—
|
Provision | Amendment |
---|---|
regulation 6 (requests for inquiries), | In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (2), for the words from “the traffic commissioner” to “traffic regulation conditions)”, substitute “for an inquiry to be held after a determination of traffic regulation conditions has been made)”. | |
Regulation 7 (appeals), | In paragraph (3)(a), after “is made”, insert “or, as the case may be, such other traffic commissioner as may be required by the senior traffic commissioner to deal with the appeal”. |
In paragraph (3)(b), for “the traffic commissioner” where those words first occur, substitute “a traffic commissioner”. | |
regulation 8 (requirements for writing and delivery), | For “the traffic commissioner in question” substitute “a traffic commissioner”. |
regulation 9 (computation of time). | In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
Provision | Amendment |
---|---|
Regulation 2 (interpretation), | In paragraph (1) in the definition of “notice”, for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 3 (procedure for giving notice), | In paragraph (2)(b), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 4 (procedure for making relevant representations), | In paragraph (1)(b), for “who gave the notice”, substitute “dealing with the relevant application”. |
In paragraph (3), for “the traffic commissioner”, substitute “the traffic commissioner dealing with the relevant application”. | |
In paragraph (4)—
| |
regulation 5 (procedure to be followed in determining the application), | In paragraph (1)—
|
In paragraph (3)(b), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In paragraph (5), for “the traffic commissioner” in the first place where those words occur, substitute “the traffic commissioner dealing with the relevant application”. | |
regulation 6 (period of notice for purposes of section 6 of the 1985 Act). | In paragraph (1), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. |
In paragraph (3)(a), for “the traffic commissioner”, substitute “the traffic commissioner dealing with the relevant application”. |
Provision | Amendment |
---|---|
regulation 4 (period of notice for new registration during transitional period), | In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 5 (period of notice for cancellation of registration during transitional period), | In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 6 (period of notice for variation of registration during transitional period), | In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (3), for “the traffic commissioner”, substitute “the traffic commissioner dealing with the matter in question”. | |
regulation 7 (determination of period by traffic commissioner), | In paragraph (1)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 10 (prescribed time for submission of clearance certificate). | For “the traffic commissioner”, in both places where those words occur, substitute “a traffic commissioner”. |
Provision | Amendment |
---|---|
Regulation 2 (interpretation), | In paragraph (1), in sub-paragraph (b) of the definition of “relevant operator”, for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 9 (additional provisions where situation in section 134B(2) arises). | In paragraph (1)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
SCHEDULE 5Amendments to subordinate legislation applying to England only
Provision | Amendment |
---|---|
the Schedule (Traffic Management Act 2004200: network management duties— guidance on intervention criteria for England). | In paragraph 40(5) omit the word “the” immediately preceding “Traffic Commissioners”. |
Provision | Amendment |
---|---|
Regulation 2 (interpretation), | In paragraph (1), for the definition of “traffic commissioner”, substitute—
|
regulation 5 (definition of “relevant operator”), | In paragraphs (2)(b) and (3)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 7 (definition of “admissible objection”), | In paragraphs (6)(b) and (7)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 8 (procedure for making an objection), | In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 10 (decision of lead authority), | In paragraph (5), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 11 (referral to the traffic commissioner), | In both the heading and paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (3), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. | |
regulation 12 (provision of information to traffic commissioner), | In paragraph (1), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. |
After paragraph (7), add—
| |
regulation 13203 (assessors to assist traffic commissioners), | In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (3), for “the traffic commissioner must pay that person”, substitute “that person must be paid”. | |
regulation 14 (determination of the traffic commissioner), | In both the heading and paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (7), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In paragraph (8)—
| |
regulation 15 (extension of time), | In paragraph (1), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. |
regulation 16 (interpretation of Part 3), | In paragraph (e)(i), for “the traffic commissioner”, substitute “a traffic commissioner”. |
regulation 18 (failure of lead authority to review requirements as to maximum fares). | In paragraph (3), for “the traffic commissioner”, substitute “a traffic commissioner”. |
SCHEDULE 6Amendments to subordinate legislation applying to Wales only
Gorchymyn Rheoli Traffig (Canllawiau ar Feini Prawf Ymyrryd) (Cymru) 2007205
Provision in English followed by equivalent in Welsh | Amendment in English followed by equivalent in Welsh |
---|---|
the Schedule (Traffic Management Act 2004: network management duties— guidance on intervention criteria for Wales). | In paragraph 37(5) omit the word “the” immediately preceding “Traffic Commissioners”. |
yr Atodlen (Deddf Rheoli Traffig 2004: dyletswyddau i reoli’r rhwydwaith – canllawiau ar feini prawf ymyrryd ar gyfer Cymru). | Ym mharagraff 37(5) hepgorer y gair “y” yn union cyn “Comisiynwyr Traffig”. |
Rheoliadau Cynlluniau Partneriaethau Ansawdd (Cymru) 2009207
Provision in English followed by equivalent in Welsh | Amendment in English followed by equivalent in Welsh |
---|---|
regulation 2 (interpretation), | In paragraph (1), for the definition of “traffic commissioner”, substitute—
|
rheoliad 2 (dehongli), | Ym mharagraff (1), yn lle’r diffiniad o “comisiynydd traffig”, rhodder—
|
regulation 5 (definition of “relevant operator”), | In paragraphs (2)(b) and (3)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
rheoliad 5 (diffinio “gweithredwr perthnasol”), | Ym mharagraffau (2)(b) a (3)(a), yn lle “i’r comisiynydd traffig” rhodder “i gomisiynydd traffig”. |
regulation 7 (definition of “admissible objection”), | In paragraphs (6)(b) and (7)(a), for “the traffic commissioner”, substitute “a traffic commissioner”. |
rheoliad 7 (diffinio “gwrthwynebiad derbyniadwy”), | Ym mharagraffau (6)(b) a (7)(a), yn lle “i’r comisiynydd traffig” rhodder “i gomisiynydd traffig”. |
regulation 8 (procedure for making an objection), | In paragraph (2), for “the traffic commissioner”, substitute “a traffic commissioner”. |
rheoliad 8 (gweithdrefn ar gyfer gwrthwynebu), | Ym mharagraff (2), yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”. |
regulation 10 (decision of lead authority), | In paragraph (5), for “the traffic commissioner”, substitute “a traffic commissioner”. |
rheoliad 10 (penderfyniad yr awdurdod arweiniol), | Ym mharagraff (5), yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”. |
regulation 11 (referral to the traffic commissioner), | In both the heading and paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (3), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. | |
rheoliad 11 (atgyfeirio at y comisiynydd traffig), | Yn y pennawd ac ym mharagraff (1), yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”. |
Ym mharagraff (3), yn lle “y comisiynydd traffig” yn y man cyntaf lle digwydd y geiriau hynny, rhodder “gomisiynydd traffig”. | |
regulation 12 (provision of information to traffic commissioner), | In paragraph (1), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. |
After paragraph (7), add—
| |
rheoliad 12 (darparu gwybodaeth i’r comisiynydd traffig), | Ym mharagraff (1), yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”. |
Ar ôl paragraff (7) ychwaneger—
| |
regulation 13 (assessors to assist traffic commissioners), | In paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (3), for “the traffic commissioner must pay that person”, substitute “that person must be paid”. | |
rheoliad 13 (aseswyr i gynorthwyo comisiynwyr traffig), | Ym mharagraff (1), yn lle “y comisiynydd traffig”, rhodder “comisiynydd traffig”. |
Ym mharagraff (3), yn lle “rhaid i’r comisiynydd traffig dalu i’r person hwnnw”, rhodder “rhaid talu i’r person hwnnw”. | |
regulation 14 (determination of the traffic commissioner), | In both the heading and paragraph (1), for “the traffic commissioner”, substitute “a traffic commissioner”. |
In paragraph (7), for “the traffic commissioner”, substitute “a traffic commissioner”. | |
In paragraph (8)—
| |
rheoliad 14 (penderfyniad y comisiynydd traffig), | Yn y pennawd, yn lle “y comisiynydd traffig” rhodder “comisiynydd traffig” ac ym mharagraff (1), yn lle “i’r comisiynydd traffig”, rhodder “i gomisiynydd traffig”. |
Ym mharagraff (7), yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”. | |
Ym mharagraff (8)—
| |
regulation 15 (extension of time), | In paragraph (1), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”. |
rheoliad 15 (estyniad amser), | Ym mharagraff (1), yn lle “fo’r comisiynydd traffig”, rhodder “fo comisiynydd traffig”. |
regulation 16 (interpretation of Part 3), | In paragraph (e)(i), for “the traffic commissioner”, substitute “a traffic commissioner”. |
rheoliad 16 (dehongli Rhan 3), | Ym mharagraff (d)(i), yn lle “i’r comisiynydd traffig”, rhodder “i gomisiynydd traffig”. |
regulation 18 (failure of lead authority to review requirements as to maximum fares). | In paragraph (3), for “the traffic commissioner”, substitute “a traffic commissioner”. |
rheoliad 18 (methiant awdurdod arweiniol i adolygu gofynion o ran prisiau teithio uchaf). | Ym mharagraff (3), yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”. |
(This note is not part of the Order)