PART V E+W+S Miscellaneous and Supplementary

RegulationsE+W+S

59 Power to make regulations as to procedure on applications for licences. E+W+S

Subject to the provisions of this Act, provision may be made by regulations as to the procedure on—

(a)applications for the grant of PSV operator’s licences, . . . F1[F2or licences to drive public service vehicles],

(b)applications or proposals for the variation of conditions attached to PSV operators’ licences . . . F3,

(c)the determination of questions in connection with the grant, suspension and revocation of such licences as are mentioned in paragraph (a) and in connection with any such variation as is mentioned in paragraph (b), and

(d)the surrender of licences,

and those regulations may make provision as to the particulars to be furnished and the persons to whom notices are to be given, the manner in which notices are to be published or served, and the manner in which objections or other representations with respect to the determination of such questions as are mentioned in paragraph (c) may be made.

60 General power to make regulations for purposes of Act. E+W+S

(1)The Secretary of State may make regulations . . . F4 for the purpose of carrying this Act into effect, and in particular, but without prejudice to the generality of the foregoing provisions, may make regulations with respect to any of the following matters—

(a)the forms to be used for the purpose of this Act;

(b)applications for and issue of licences and of certificates of initial fitness;

(c)the issue of copies of licences and certificates in the case of licences or certificates lost or destroyed;

F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(e)the fees to be payable under this Act, the persons liable to pay them, and the repayment (or partial repayment), in prescribed circumstances, of fees paid under this Act;]

(f)the documents, plates and marks to be carried by[F7, and the information to be displayed in or on] public service vehicles and the manner in which they are to be carried [F8or it is to be displayed];

(g)the badges to be worn by drivers of public service vehicles;

(h)the custody, production and cancellation on revocation or expiration of licences and certificates of initial fitness, and the return to [F9traffic commissioners] F10. . . , of licences which have become void, or have been revoked, and as to the custody, production and return of badges and plates;

(j)the carriage of luggage and goods on public service vehicles F11[or tramcars];

(k)the safe custody and re-delivery or disposal of any property accidentally left in a public service vehicle F12[or tramcar] and fixing the charges made in respect thereof;

(l)the equipment to be carried by public service vehicles;

(m)for providing that this Act or, any provision thereof, shall have effect in relation to—

(i)public service vehicles registered in Great Britain, while making journeys to or from destinations outside Great Britain; and

(ii)public service vehicles registered outside Great Britain,

with such additions, omissions, alterations or other modifications (whether conditional or not) as may be prescribed;

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(1A)Regulations made under any provision of this Act may make different provision for different cases to which the regulations apply, and may in particular—

(a)make different provision as respects different areas; and

(b)make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances.]

[F15(1B)Regulations made under any provision of this Act and applying to tramcars may amend or exclude any provision of an Act or instrument of local application whose subject-matter is the same as that of the regulations.]

(2)In this Act “prescribed” means prescribed by regulations and “regulations” means regulations made [F16by the Secretary of State].

F17(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61 Exercise of regulation making powers and parliamentary control thereof. E+W+S

(1)Any power conferred by this Act upon the Secretary of State to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)Before making any regulations under . . . F18 this Act the Secretary of State shall consult with such representative organisations as he thinks fit.