Transport Act 1985

Section 57(6).

SCHEDULE 3E+W+S Amendments Consequential on Section 57

The M1Transport Act 1968E+W+S

1E+W+SF1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2E+W+SIn—

(a)sections 10, 12, 14, 15, 20 and 23 of that Act; and

(b)paragraph 11(a) of Schedule 5 to that Act;

for the word “designated” (in each place where it occurs) there shall be substituted the words “passenger transport”.

3E+W+SIn section 9(6) of that Act, the words “or 6” shall be omitted, and for the words “sections 20(6) and (7) and 21(5)” there shall be substituted the words “section 20(6) and (7)”.

4E+W+SIn section 10 of that Act (general powers of Executive)—

(a)in subsection (1)—

(i)in paragraph (ii) (power to carry passengers by land, otherwise than by road, and by water), for the words from “the following distance” to the end of the paragraph there shall be substituted the words “the distance of twenty-five miles from the nearest point on the boundary of that area;”; and

(ii)in paragraph (xxiii), for the words “the discharge of their duty under section 9(3) of this Act” there shall be substituted the words “their business;”; and

(b)in subsection (2) (things done by subsidiaries to count as things done by Executive for certain purposes), the words from “or with the consent” to “Act” (which refer to consents under Schedule 6 to that Act) shall be omitted.

5E+W+SF2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6E+W+SIn section 12 of that Act (borrowing powers of Executive)—

(a)in subsection (3)(d) the words from “or by” to the end of the paragraph shall be omitted; and

(b)in subsection (4)—

(i)for the words “Each of the councils of constituent areas” there shall be substituted the words “The Authority for the Executive’s area”;

(ii)for the words “such a council” there shall be substituted the words “the Authority for a passenger transport area”; and

(iii)for the word “council” in each place where it occurs in paragraphs (a) and (b) there shall be substituted the word “Authority”.

7E+W+SFor section 13 of that Act (precepting powers), as it applies to England and Wales, there shall be substituted the following section—

“13 Power to make grants.

The Authority shall have power to make grants to the Executive for any purpose.”

F38E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9E+W+SF4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10E+W+SF5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11E+W+SF6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12E+W+SIn section 16 of that Act (publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities)—

(a)in subsection (1)—

(i)for the words “area designated by an order under section 9(1) of this Act” there shall be substituted the words “passenger transport area”; and

(ii)for the words “by the order aforesaid” there shall be substituted the words “by any order made, or having effect as if made, under section 9(3) of this Act”; and

(b)in subsection (2), the words from “and if” to “would not” shall be omitted.

13E+W+SF7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14E+W+SF8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15E+W+SIn section 24(2) of that Act (co-operation between Passenger Transport Executives and the National Bus Company and the Scottish Transport Group), for the words from the beginning to “Act” there shall be substituted the words “In the case of any area which is a passenger transport area for the purposes of Part II of this Act”.

16E+W+SIn section 54 of that Act (provisions with respect to railway closures)—

(a)in subsection (2), for the words “designated under section 9(1) thereof” there shall be substituted the words “which is a passenger transport area for the purposes of Part II of this Act”; and

(b)in subsection (3), for the words “an area designated as aforesaid” there shall be substituted the words “any such area as is mentioned in that subsection”.

17E+W+SIn section 134(1) of that Act (authorities to whom duty to act as a body engaged in a commercial enterprise applies), for the words from “designated” to “section 9(1)” there shall be substituted the words “area which is a passenger transport area for the purposes of Part II”.

18E+W+SIn section 137 of that Act (obligation to establish machinery for negotiation and consultation with staff)—

(a)in subsection (1) (authorities to whom the section applies), for the words from “designated” to “section 9(1)” there shall be substituted the words “area which is a passenger transport area for the purposes of Part II”;

(b)in subsection (3)(b), for the words from “Authority” to the end of the paragraph there shall be substituted the words “Passenger Transport Authority for the passenger transport area in question (referred to below in this section as the relevant Passenger Transport Authority)”; and

(c)[F9in subsection (4), for the words “Authority established as aforesaid” and “Authority so established” there shall be substituted the words “relevant Passenger Transport Authority”.]

19E+W+SIn section 141(1) of that Act (application of Town and Country Planning Acts), for the words from “designated” to “section 9(1)” there shall be substituted the words “for any area which is a passenger transport area for the purposes of Part II”.

20E+W+S—In section 160(5) of that Act (stamp duty not chargeable on certain instruments), for the words “established under section 9(1)” there shall be substituted the words “for any area which is a passenger transport area for the purpose of Part II”.

21(1)In Schedule 5 to that Act (constitution, etc., of Passenger Transport Authorities and Executives), Part I (which relates to Passenger Transport Authorities) shall be omitted.E+W+S

(2)In Part II of that Schedule—

(a)paragraph 1 shall be omitted;

(b)in paragraph 2, as it applies to England and Wales, for the words “any of the councils of constituent areas” (in each place where they occur) there shall be substituted the words “the Authority for the passenger transport area”; and

(c)in paragraph 2, as it applies to Scotland, for the word “designated” there shall be substituted the words “passenger transport”.

(3)In Part III of that Schedule the following provisions shall be omitted—

(a)paragraphs 1, 2, 3(a), 4, 5, 10, 11(c), 12, 16 and 17;

(b)in paragraphs 6, 7 and 9 the words “the Authority and” and “respectively”, in each place where they occur;

(c)in paragraph 8 the words “the Authority or” and “the chairman of the Authority or, as the case may be”;

(d)in paragraph 11, the words “the Authority or” in sub-paragraph (a) and “the Authority” in sub-paragraph (b); and

(e)in paragraph 13, the words “the Authority or”, in both places where they occur, and “the Authority” where those words last occur;

and in paragraph 3(b), for “9(1)(b)” there shall be substituted “9(2)”.

The M2Post Office Act 1969E+W+S

F1022E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Pensions (Increase) Act 1971E+W+S

23E+W+SIn paragraph 6(2)(c) of Schedule 3 to the M3Pensions (Increase) Act 1971 (extended definition of employing authority), for the words from “established under section 9(1)” to the end there shall be substituted the words “for the purposes of Part II of the M4Transport Act 1968”.

The M5Local Government Act 1972E+W+S

24E+W+SF11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25E+W+SF12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M6Local Government (Scotland) Act 1973E+W+S

26E+W+SF13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27E+W+SF14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28E+W+SF15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16 The M7Local Government, Planning and Land Act 1980E+W+S

29E+W+SIn section 82 of the Local Government, Planning and Land Act 1980 (Passenger Transport Executives and their subsidiaries)—

(a)in subsection (1)—

(i)in paragraph (a) the words “whose area is either the whole or part of one county” shall be omitted, and for the words “county council” there shall be substituted the words “metropolitan county passenger transport authority for the county which is coterminous with or includes that Executive’s area”; and

(ii)for the word “council” in each place where it occurs in paragraphs (b) to (d) there shall be substituted the word “authority”;

(b)subsections (2) and (3) shall be omitted; and

(c)in subsection (4), for the words “subsections (1) to (3)” there shall be substituted the words “subsection (1)”.]

The M8Transport Act 1983E+W+S

30E+W+SIn section 1 of the Transport Act 1983 (interpretation of Part I), in paragraph (a) of the definition of “Executive”, for the words from “an area” to “county” there shall be substituted the words “any passenger transport area (within the meaning of Part II of the Act of 1968)”.

[F1731E+W+SIn section 3(3) of that Act (formulation of Executive’s financial plan may assume grants will be provided by the Authority to extent considered necessary by the Executive for discharge of certain duties), for the words “general duty under section 9(3)” there shall be substituted the words “duty under section 9A(3)”.]

32E+W+SF18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M9Road Traffic Regulation Act 1984E+W+S

33E+W+SIn paragraph 31(b) of Schedule 9 to the Road Traffic Regulation Act 1984 (local authority to consult Passenger Transport Executive before making certain orders) for the words from “designated under section 9(1)” to the end there shall be substituted the words “which is a passenger transport area for the purposes of Part II of the Transport Act 1968, shall consult with the Passenger Transport Executive for that passenger transport area.”.