Transport Act 1968

9Passenger Transport Areas, Authorities and Executives

(1)If in the case of any area in Great Britain outside Greater London the Minister considers it expedient for the purpose of securing the provision of a properly integrated and efficient system of public passenger transport to meet the needs of that area, then, subject to subsection (2) of this section, the Minister may by order designate that area for the purposes of this Part of this Act by such name as may be specified in the order and shall by that order provide for the establishment of the following bodies for that area, namely—

(a)a Passenger Transport Authority (hereafter in this Part of this Act referred to in relation to that area as " the Authority") constituted in accordance with Part I of Schedule 5 to this Act from—

(i)persons appointed by local authorities whose areas fall wholly or partly within the area designated by the order (hereafter in this Part of this Act referred to in relation to that area as " councils of constituent areas"), being councils of counties, county boroughs or county districts or, in Scotland, county or town councils ; and

(ii)persons appointed by the Minister;

(b)a Passenger Transport Executive (hereafter in this Part of this Act referred to in relation to that area as " the Executive ") which shall be a body corporate with perpetual succession and a common seal consisting of—

(i)a Director General appointed in accordance with Part II of the said Schedule 5 by the Authority ; and

(ii)not less than two nor more than eight other members so appointed by the Authority after consultation with the Director General;

and any area designated by an order under this subsection is hereafter in this Part of this Act referred to as a " designated area ".

(2)Before making any order under subsection (1) of this section, the Minister shall consult with every such local authority as aforesaid—

(a)the whole or part of whose area falls within the area designated by the order ; or

(b)whose area is contiguous with the area so designated;

and the Minister shall not make such an order until he is satisfied that a reasonable opportunity to make representations with respect to the area to be designated by the order has been afforded to any person providing road passenger transport services by stage carriages within or to and from that area and has considered any representations made by any such person while that opportunity remains available; but in the case of an order made under the said subsection (1) by virtue of section 157 of this Act for the purpose of varying or revoking a previous order under that subsection, unless the variation or revocation affects a provision of that previous order with respect to the limits of the designated area—

(i)paragraph (b) of this subsection shall not apply ; and

(ii)the Minister shall not be required to be satisfied as aforesaid.

(3)In the case of each designated area it shall be the general duty—

(a)of the Authority so to exercise and perform the functions with respect to the general policy to be followed by the Executive conferred on the Authority by the provisions of this Part of this Act, and

(b)of the Executive so to exercise and perform their functions under this Part of this Act and section 24(2) thereof with respect to the provision of passenger transport services,

as to secure or promote the provision of a properly integrated and efficient system of public passenger transport to meet the needs of that area with due regard to the town planning and traffic and parking policies of the councils of constituent areas and to economy and safety of operation; but this subsection shall not be construed as imposing, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Authority or Executive would not otherwise be subject.

(4)Subject and without prejudice to the express provisions of this section and Parts I and II of Schedule 5 to this Act, any order under subsection (1) of this section shall include—

(a)such provision with respect to any of the matters referred to in Part III of that Schedule, and

(b)such supplementary, incidental and consequential provision,

as appears to the Minister to be necessary or expedient.

(5)Each of the councils of constituent areas and each of the following bodies namely, the Authority, the Executive and any subsidiary of the Executive, shall have power to enter into and carry out agreements with one another for the giving of assistance by that council to that body or, as the case may be, by that body to that council by way of making available to the assisted party any services or facilities provided by, or any property of, the assisting party.

(6)In relation to any area in Scotland or Wales, any reference to the Minister in any provision of this Part of this Act or Schedule 5 or 6 thereto other than sections 20(6) and (7) and 21(5) shall be construed as a reference to the Secretary of State.