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Transport Act 2000

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Transport Act 2000

2000 c. 38

An Act to make provision about transport.

Enacted[30th November 2000]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C30C32C111C82C79

Part I  Air traffic

Chapter I  Air traffic services

General duties

I11  Secretary of State’s general duty.

1 The Secretary of State must exercise his functions under this Chapter so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (2) to (5).
2 The Secretary of State must exercise his functions under this Chapter in the manner he thinks best calculated—
a to further the interests of operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them;
b to promote efficiency and economy on the part of licence holders;
c to secure that licence holders will not find it unduly difficult to finance activities authorised by their licences.
3 The only interests to be considered under subsection (2)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services.
4 The reference in subsection (2)(a) to furthering interests includes a reference to furthering them (where the Secretary of State thinks it appropriate) by promoting competition in the provision of air traffic services.
5 If in a particular case there is a conflict in the application of the provisions of subsections (2) to (4), in relation to that case the Secretary of State must apply them in the manner he thinks is reasonable having regard to them as a whole.
6 The Secretary of State must exercise his functions under this Chapter so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions.
7 This section does not apply to the exercise of the Secretary of State’s functions under section 38.

I22  CAA’s general duty.

1 The CAA must exercise its functions under this Chapter so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (2) to (5).
2 The CAA must exercise its functions under this Chapter in the manner it thinks best calculated—
a to further the interests of operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them;
b to promote efficiency and economy on the part of licence holders;
c to secure that licence holders will not find it unduly difficult to finance activities authorised by their licences;
d to take account of any international obligations of the United Kingdom notified to the CAA by the Secretary of State (whatever the time or purpose of the notification);
e to take account of any guidance on environmental objectives given to the CAA by the Secretary of State after the coming into force of this section.
3 The only interests to be considered under subsection (2)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services.
4 The reference in subsection (2)(a) to furthering interests includes a reference to furthering them (where the CAA thinks it appropriate) by promoting competition in the provision of air traffic services.
5 If in a particular case there is a conflict in the application of the provisions of subsections (2) to (4), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole.
6 The CAA must exercise its functions under this Chapter so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions.
7 Section 4 of the M1Civil Aviation Act 1982 (CAA’s general objectives) does not apply in relation to the performance by the CAA of its functions under this Chapter.

Restrictions

3  Restrictions on providing services.

1 A person commits an offence if he provides air traffic services in respect of a managed area.
2 But subsection (1) is subject to subsections (3) to (5).
3 Subsection (1) does not apply if the person—
a is authorised by an exemption to provide the services, or
b acts as an employee or agent of a person who is authorised by an exemption to provide the services.
4 Subsection (1) does not apply if the person—
a holds a licence authorising him to provide the services, or
b acts as an employee or agent of a person who is authorised by a licence to provide the services.
5 Subsection (1) does not apply if the services are provided by the CAA in pursuance of directions under section 66(1).
6 For the purposes of this section—
a air traffic services are to be treated as provided at the place from which they are provided;
b air traffic services may be provided in respect of a managed area whether or not the aircraft concerned is in that area when they are provided.
7 A person who commits an offence under this section is liable—
a on summary conviction, to a fine not exceeding the statutory maximum;
b on conviction on indictment, to a fine.
8 No proceedings may be started in England and Wales or Northern Ireland for an offence under this section except by or on behalf of—
a the Secretary of State, or
b the CAA acting with his consent.

I34  Exemptions.

1 The Secretary of State may by order grant an exemption authorising the provision of air traffic services in respect of a managed area.
2 An exemption—
a may be granted to a particular person or to persons of a specified description or to all persons;
b may be granted in respect of air traffic services of one or more specified descriptions;
c may be granted in respect of air traffic services provided in specified circumstances;
d may be granted in respect of one or more specified areas (any of which may consist of all or part of a managed area);
e may be granted subject to such conditions as may be specified.
3 An exemption granted to persons of a specified description must be published in such manner as the Secretary of State thinks appropriate for bringing it to the attention of persons of that description.
4 An exemption continues in force for the period specified in or determined by or under it, unless it previously ceases to have effect in accordance with its provisions.

I45  Licences: general.

1 A licence may be granted to a company authorising it to provide air traffic services in respect of a managed area.
2 A licence—
a may be granted in respect of air traffic services of one or more specified descriptions;
b may be granted in respect of one or more specified areas (any of which may consist of all or part of a managed area).
3 A licence is not valid unless it is in writing.
4 A licence is not valid unless it is granted to a company F306... that is limited by shares.
5 A licence continues in force for the period specified in it or determined by or under it, unless it previously ceases to have effect in accordance with its provisions.
6 A licence may not be transferred.

I56  Licences: grant.

1 A licence may be granted by—
a the Secretary of State after consulting the CAA,
b the CAA with the consent of the Secretary of State, or
c the CAA in accordance with a general authority given by the Secretary of State.
2 A general authority may be given on condition that the CAA complies with specified requirements (whether as to consulting the Secretary of State or obtaining his consent before granting a licence, as to the provisions to be included in a licence, or otherwise).
3 An application for a licence—
a must be made in the prescribed manner;
b must contain or be accompanied by prescribed information;
c must be accompanied by the application fee (if any);
d must, if the licence authority requires, be published by the applicant in the prescribed manner and within a period notified to it by the licence authority.
4 On an application the licence authority may grant or refuse the licence.
5 Before granting or refusing a licence the licence authority must—
a publish a notice in such manner as the authority thinks appropriate for bringing it to the attention of persons likely to be affected by the grant or refusal,
b serve a copy of the notice on the applicant, and
c consider any representations made in accordance with the notice (and not withdrawn).
6 The notice must—
a state either that the licence authority proposes to grant the licence or that it proposes to refuse it and (in either case) the reasons for so proposing, and
b state the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made regarding the proposed grant or refusal.
7 As soon as practicable after granting a licence the grantor must send a copy—
a to the CAA, if the grantor is the Secretary of State;
b to the Secretary of State, if the grantor is the CAA.
8 The following requirements do not apply in relation to licences which need to be granted before the coming into force of section 3—
a the requirement to consult imposed by subsection (1)(a);
b the requirements imposed by subsection (3);
c the requirements imposed by subsections (5) and (6).
9 The licence authority is the Secretary of State or the CAA (depending on the person to whom it falls to grant the licence).
10 The application fee is—
a the prescribed fee, if the licence authority is the Secretary of State;
b the charge determined under a scheme or regulations made under section 11 of the M2Civil Aviation Act 1982, if the licence authority is the CAA.
11 “Prescribed” means prescribed by regulations made by the Secretary of State.

I67  Licences: provisions.

1 A licence may include such provisions as the licence authority thinks are necessary or expedient; and a provision need not relate to services authorised by the licence.
2 In particular, provision of the following kinds may be included—
a provision requiring the licence holder to enter into an agreement for a purpose specified in the licence and provision for determining the terms of the agreement;
b provision requiring the licence holder to comply with any requirements imposed at any time (by directions or otherwise) by a person with respect to any matter specified, or of a description specified, in the licence;
c provision requiring the licence holder, except in so far as a person consents to its doing or not doing them, not to do or to do such things as may be specified, or of a description specified, in the licence;
d provision requiring the licence holder to refer to a person for approval or determination such matters as may be specified, or of a description specified, in the licence.
3 A reference in subsection (2) to a person is to—
a a person specified, or of a description specified, in the licence for the purpose concerned, or
b if the licence so provides, a person nominated for the purpose concerned by a person falling within paragraph (a);
and any of those persons may be the licence authority or some other person.
4 A licence may include provisions requiring a payment on its grant or payments during its currency (or both)—
a of an amount or amounts specified in the licence or determined by or under it;
b to a person or persons specified in the licence or determined by or under it.
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6 Such provisions as the licence authority thinks fit may be expressed as conditions.
6A A licence condition may include provision for its modification only if it specifies or describes—
a the circumstances in which it may be modified,
b the types of modification that may be made, and
c the period or periods in which it may be modified.
6B If a licence condition includes such a provision, it may be modified in accordance with that provision or in accordance with the provision made by this Chapter about modifying licence conditions.
6C A term of a licence may be modified only in accordance with the provision made by this Chapter about modifying terms of a licence.
7 The licence authority is the Secretary of State or the CAA (depending on the person to whom it falls to grant the licence).

I78  Duties of licence holders.

1 While a licence is in force its holder—
a must secure that a safe system for the provision of authorised air traffic services in respect of a licensed area is provided, developed and maintained;
b must take all reasonable steps to secure that the system is also efficient and co-ordinated;
c must take all reasonable steps to secure that the demand for authorised air traffic services in respect of a licensed area is met;
d must have regard, in providing, developing and maintaining the system, to the demands which are likely to be placed on it in the future.
2 A licensed area is an area in respect of which the licence authorises its holder to provide air traffic services.
3 Authorised services are services of the description specified in the licence as the description of services which the holder of the licence is authorised to provide.
4 For the purposes of subsection (1)(a) a system for the provision of services is safe if (and only if) in providing the services the person who provides them complies with such requirements as are imposed by Air Navigation Orders with regard to their provision.
5 An Air Navigation Order is an Order in Council under section 60 of the M3Civil Aviation Act 1982.

I89  Power to exclude services from effect of section 8.

1 If a notice given by the CAA to a licence holder so provides, such air traffic services as are specified in the notice are to be treated as not being authorised services for the purposes of section 8 in its application to that holder.
2 A notice under subsection (1) may specify the air traffic services by reference to part of a licensed area.
3 A notice under this section may be modified or revoked by a further notice given by the CAA to the holder concerned.

I910  Breach of duties or conditions.

1 No action is to lie in respect of a failure by a licence holder to perform—
a a duty imposed by section 8;
b a licence condition.
2 But subsection (1) does not affect—
a a right of action in respect of an act or omission which takes place in the course of the provision of air traffic services;
b the power to give a contravention notice;
c the power to give an enforcement order or an urgent enforcement order, a duty to comply with the order and a power to bring proceedings in respect of the duty;
d the power to impose a penalty under paragraph 9 or 10 of Schedule B1.

Modification of licences

11  Modification of a licence

1 The CAA may modify a licence by modifying the licence conditions.
2 Subsection (1) is subject to section 11B.
3 The Secretary of State may modify a licence—
a by modifying any term specifying the period for which the licence continues in force or any term by or under which that period is determined;
b by modifying a prescribed term.
4 In this section “prescribed” means prescribed by regulations made by the Secretary of State.

11A Modification of licence: procedure

1 Before modifying a licence in reliance on section 11, the modifying authority must—
a publish a notice in relation to the proposed modification;
b send a copy of the notice to the persons listed in subsection (2);
c consider any representations about the proposed modification that are made in the period specified in the notice (and not withdrawn).
2 The persons are—
a the licence holder;
b any owners or operators of aircraft, or any bodies representing them, that the modifying authority considers appropriate;
c any owners or managers of aerodromes, or any bodies representing them, that the modifying authority considers appropriate;
d any bodies representing users of air transport services that the modifying authority considers appropriate;
e where the modifying authority is the CAA, the Secretary of State;
f where the modifying authority is the Secretary of State, the CAA.
3 The notice under subsection (1) must—
a state that the modifying authority proposes to modify the licence;
b specify the proposed modification;
c give the modifying authority's reasons for the proposed modification;
d state the effect of the proposed modification;
e specify a reasonable period for making representations.
4 If, after publishing the notice under subsection (1), the modifying authority decides not to make the modification in reliance on section 11, the modifying authority must—
a publish a notice, giving its reasons;
b send a copy of the notice to the persons listed in subsection (2).
5 If, after complying with subsections (1) to (3) in relation to a modification, the modifying authority decides to modify a licence in reliance on section 11, the modifying authority must—
a publish a notice in relation to the modification;
b send a copy of the notice to the persons listed in subsection (2).
6 The modifying authority is not to be treated as having complied with subsections (1) to (3) in relation to a modification of a licence if the modification differs significantly from the modification proposed in the notice under subsection (1).
7 The notice under subsection (5) must—
a specify the modification;
b specify the date from which the modification is to have effect (subject to paragraphs 6 to 8 of Schedule A1);
c give the modifying authority's reasons for the modification;
d state the effect of the modification;
e state how it has taken account of any representations made in the period specified in the notice under subsection (1);
f state the reasons for any differences between the modification and that set out in the notice under subsection (1).
8 The date specified under subsection (7)(b)—
a in the case of a modification of a licence condition, must fall after the end of the period of 6 weeks beginning with the day on which the notice under subsection (5) was published (subject to paragraphs 6 to 8 of Schedule A1);
b otherwise, must fall after the end of the period of 28 days beginning with that day.
9 In this section “modifying authority”—
a in relation to a modification of a licence condition, means the CAA;
b in relation to any other modification, means the Secretary of State.

11B Restrictions on power to modify licence conditions

1 The CAA must not make a proposed modification if, within the period specified under section 11A(3)(e), the Secretary of State directs it not to do so.
2 The CAA must—
a publish a direction given to it under subsection (1);
b send a copy of the direction to the persons listed in subsection (3).
3 The persons are—
a the licence holder;
b any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;
c any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;
d any bodies representing users of air transport services that the CAA considers appropriate.

F20012  References to Competition and Markets Authority.

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F20012A  References under section 12: time limits

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F20012B  References under section 12: application of Enterprise Act 2002

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F20013  Reports on references.

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F20014  Modification following report.

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F20015  CMA's power to give direction.

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F20016  Position where CMA gives direction.

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F20017  CMA's duty as to modifications under section 16.

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F20018  Sections 15 and 16: general.

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I1019  Modification by order under other enactments.

1 Where the CMA or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of the licence conditions to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.
2 In subsection (1) above “relevant order” means—
C95a an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the 2002 Act where—
i one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of air traffic services; or
ii one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of air traffic services; or
b an order under section 160 or 161 of that Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of air traffic services.
5 As soon as practicable after making modifications under this section the relevant authority must send a copy of them to the licence holder and a copy to the CAA.
6 Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the 2002 Act have the same meanings in that subsection as in that Part.
7 The 2002 Act is the Enterprise Act 2002.

Appeal against modification of licence conditions

19A Appeal to Competition and Markets Authority

1 An appeal lies to the CMA against a decision by the CAA to modify a licence condition under section 11(1).
2 An appeal may be brought under this section only by—
a the licence holder,
b an owner or operator of an aircraft whose interests are materially affected by the decision, or
c an owner or manager of a prescribed aerodrome whose interests are materially affected by the decision.
3 “Prescribed aerodrome” means an aerodrome of a description prescribed by regulations made by the Secretary of State.
4 An appeal may be brought under this section only with the permission of the CMA.
5 An application for permission to appeal under this section may be made only by a person who, if permission is granted, will be entitled to bring the appeal.
6 The CMA may refuse permission to appeal under this section only on one of the following grounds—
a that the appeal is brought for reasons that are trivial or vexatious;
b that the appeal does not have a reasonable prospect of success;
c that subsection (7) is satisfied.
7 This subsection is satisfied if the appeal is brought—
a against a decision that relates entirely to a matter remitted to the CAA following an earlier appeal under this section, and
b on grounds that were considered, or could have been raised by the current applicant or a relevant connected person, as part of the earlier appeal.
8 In subsection (7) “relevant connected person”, in relation to an applicant, means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the CMA.

19B When appeals may be allowed

The CMA may allow an appeal under section 19A only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—
a that the decision was based on an error of fact;
b that the decision was wrong in law;
c that an error was made in the exercise of a discretion.

19C Determination of appeal

1 Where it does not allow an appeal under section 19A, the CMA must confirm the decision appealed against.
2 Where it allows an appeal under section 19A, the CMA must do one or more of the following—
a quash the decision appealed against;
b remit the matter that is the subject of the decision appealed against to the CAA for reconsideration and decision in accordance with this Chapter and any directions given by the CMA;
c substitute its own decision for that of the CAA.
3 Where it allows only part of an appeal under section 19A—
a subsection (2) applies in relation to the part of the decision appealed against in respect of which the appeal is allowed, and
b subsection (1) applies in respect of the rest of that decision.
4 Where the CMA substitutes its own decision for that of the CAA, the CMA may give directions to—
a the CAA, and
b the licence holder.
5 The CMA must not give a direction under this section that requires a person to do anything that the person would not have the power to do apart from the direction.
6 A direction given by the CMA under this section to a person other than the CAA is enforceable—
a in England and Wales and Northern Ireland, as if it were an order of the High Court;
b in Scotland, as if it were an order of the Court of Session.

19D Determination of appeal: time limits

1 The CMA must determine an appeal under section 19A within the period of 24 weeks beginning with the day on which the CAA published, in accordance with section 11A, the notice of the decision that is the subject of the appeal.This is subject to subsections (2) to (5).
2 The CMA may extend the appeal period by not more than 12 weeks if satisfied that there are good reasons for doing so.
3 The CMA may extend the appeal period only once in reliance on subsection (2).
4 The CMA may extend the appeal period by any period that it considers appropriate if—
a there is an appeal to the Competition Appeal Tribunal under this Chapter which the CMA considers may be relevant to the appeal under section 19A, and
b the appeal to the Tribunal has not been determined or withdrawn.
5 The CMA may extend the appeal period more than once in reliance on subsection (4).
6 If the CMA extends the appeal period it must—
a publish a notice stating the new time limit for determining the appeal;
b send a copy of the notice to the persons listed in subsection (7).
7 Those persons are—
a the holder of the licence that is the subject of the appeal;
b if the appeal was brought by someone other than the licence holder, the appellant;
c any other person with a qualifying interest in the decision that is the subject of the appeal (see paragraph 27(3) of Schedule A1);
d any owners or operators of aircraft that the CMA considers appropriate;
e any owners or managers of prescribed aerodromes (within the meaning given in section 19A(3)) that the CMA considers appropriate;
f the CAA.
8 The Secretary of State may by regulations modify the periods of time specified in this section.
9 In this section “appeal period”, in relation to an appeal under section 19A, means the period allowed for determining the appeal.

19E Determination of appeal: publication etc

1 A determination made by the CMA on an appeal under section 19A—
a must be contained in an order made by the CMA, and
b takes effect at the time specified in the order or determined in accordance with the order.
2 The order must set out the reasons for the determination.
3 The CMA must—
a publish the order as soon as practicable after the determination is made;
b send a copy of the order to the persons listed in subsection (4).
4 Those persons are—
a the holder of the licence that is the subject of the appeal;
b if the appeal is brought by a person other than the licence holder, the appellant;
c any other person with a qualifying interest in the decision that is the subject of the appeal (see paragraph 27(3) of Schedule A1);
d any owners or operators of aircraft that the CMA considers appropriate;
e any owners or managers of prescribed aerodromes (within the meaning given in section 19A(3)) that the CMA considers appropriate;
f the CAA.
5 The CMA may exclude from publication under subsection (3) any information that it is satisfied is—
a commercial information the disclosure of which would or might, in the opinion of the CMA, significantly harm the legitimate business interests of an undertaking to which it relates, or
b information relating to the private affairs of an individual the disclosure of which would or might, in the opinion of the CMA, significantly harm the individual's interests.
6 The CAA must take any steps that it considers necessary for it to comply with the order.
7 The steps must be taken—
a if a time is specified in the order or is to be determined in accordance with the order, within that time;
b otherwise, within a reasonable time.

19F Procedure on appeals

1 Schedule A1 makes further provision in respect of appeals under section 19A.
2 In carrying out the functions listed in subsection (3), the CMA must have regard to the matters in respect of which duties are imposed on the CAA by section 2.
3 Those functions are—
a deciding an application for permission to appeal under section 19A;
b deciding an application under Schedule A1 for permission to intervene in an appeal;
c determining an appeal under section 19A, including taking decisions and giving directions described in section 19C.
4 Except where Schedule A1 provides otherwise, the functions of the CMA with respect to an appeal under section 19A are to be carried out on behalf of the CMA by a group constituted for the purpose, by the chair of the CMA, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

Enforcement

20 Enforcement

Schedule B1 makes provision for—
a the enforcement of the duties imposed by section 8 and licence conditions, and
b connected appeals.

F52121  Exceptions.

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F52122  Procedural requirements.

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F52123  Validity of orders.

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F52124  Effect of orders.

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25 Power to obtain information

Schedule C1 makes provision—
a to enable the CAA to obtain information for the purposes of carrying out its functions under section 34 and Schedule B1,
b for enforcement in connection with the exercise of those powers, and
c for connected appeals.

Penalties

25A Imposing penalties

1 The CAA may not impose a penalty on a person under paragraph 9 or 10 of Schedule B1 or paragraph 2, 3 or 4 of Schedule C1 for an act or omission if it has imposed a penalty on the person under one of those provisions in respect of the same act or omission.
2 Subsection (1) does not prevent the CAA imposing more than one penalty on a person in respect of acts or omissions that take place at different times or over different periods.

25B Recovering penalties

1 This section applies if all or part of a penalty imposed on a person under this Chapter is not paid within the period specified in the notice given in respect of the penalty under paragraph 12 of Schedule B1 or paragraph 6 of Schedule C1.
2 The unpaid balance carries interest from time to time at the rate for the time being specified in section 17 of the Judgments Act 1838.
3 The CAA may recover from any person as a debt due to the CAA—
a the unpaid balance, and
b any interest on the penalty that has not been paid.
4 Any sums received by the CAA by way of a penalty or interest under this Chapter must be paid into the Consolidated Fund.

25C Statement of policy on penalties

1 The CAA must prepare and publish a statement of its policy with respect to—
a imposing penalties under this Chapter, and
b determining their amount.
2 The CAA may revise the statement of policy and, if it does so, it must publish the revised statement.
3 When imposing a penalty under this Chapter, or determining the amount of such a penalty, the CAA must have regard to the last statement of policy published before the act or omission in respect of which the penalty is to be imposed.
4 When preparing or revising a statement, the CAA must consult any persons that it considers appropriate.

Administration orders etc.

I1126  Protection of licence companies etc.

1 No licence company may be wound up voluntarily.
2 No application may be made to a court for an administration order under Part II of the 1986 Act in relation to a licence company, and—
a anything purporting to be such an application is of no effect;
b no administration order may be made under that Part in relation to a licence company.
3 No step may be taken by a person to enforce any security over the property of a licence company unless the person has given to the Secretary of State and the CAA at least 14 days’ notice of his intention to take the step.
4 No application for the winding up of a licence company may be made by a person other than the Secretary of State unless the person has given to the Secretary of State and the CAA at least 14 days’ notice of his intention to make the application.
5 In subsection (3) “security” and “property” have the same meanings as in Parts I to VII of the 1986 Act.
6 In this section and sections 27 to 30—
a references to a licence company are to a company which holds a licence;
b references to the 1986 Act are to the M4Insolvency Act 1986.

I1227  Duty to make order.

1 This section applies if an application is made to any court for the winding up of a licence company.
2 The Secretary of State and the CAA are entitled to be heard by the court.
3 The court must not make a winding up order or appoint a provisional liquidator.
4 But if the court is satisfied that it would be appropriate to make a winding up order if the company were not a licence company, it must instead make an air traffic administration order.
5 The Secretary of State and the CAA may propose a person to manage the company’s affairs, business and property while an air traffic administration order is in force; and if they do the court must appoint that person.
6 A reference to the court is to the court which (but for this section) would have jurisdiction to wind up the company.

I1328  Power to make order.

1 The court may make an air traffic administration order in relation to a licence company if—
a an application by petition is made by the Secretary of State or by the CAA with his consent, and
b the court is satisfied that one or more of the following four conditions is satisfied.
2 The first condition is that the company is or is likely to be unable to pay its debts.
3 The second condition is that—
a the Secretary of State certifies that but for section 27 it would be appropriate for him to petition for the company’s winding up under section 124A of the 1986 Act (petition following inspectors’ report etc), and
b but for section 27 it would be just and equitable (as mentioned in section 124A) for the company to be wound up.
4 The third condition is that—
a there has been or is or is likely to be a contravention by the company of a section 8 duty,
b no notice of withdrawal or revocation has been given under paragraph 1(8), 4(2) or 7(2) of Schedule B1 in relation to the contravention or apprehended contravention, and
c the contravention or apprehended contravention is serious enough to make it inappropriate for the company to continue to hold the licence concerned.
5 The fourth condition is that—
a an enforcement order or an urgent enforcement order has been made or confirmed in relation to a section 8 duty or a licence condition,
b the order is not the subject of an appeal under section 19A, and
c there has been or is or is likely to be such a contravention of the order by the company as to make it inappropriate for it to continue to hold the licence concerned.
6 For the purposes of subsection (2) a company is unable to pay its debts if it is deemed to be unable to do so under section 123 of the 1986 Act.
7 In subsections (4) and (5)—
  • “section 8 duty” means a duty imposed on a licence holder by section 8;
  • “licence condition” means a condition of a licence holder's licence.
8 A reference to the court is to the court which (but for section 27) would have jurisdiction to wind up the company.

I1429  Air traffic administration orders.

1 An air traffic administration order made under section 27 or 28 is an order directing that in the period while the order is in force the company’s affairs, business and property are to be managed by a person appointed by the court—
a for the achievement of the following two purposes, and
b in a manner which protects the interests of the company’s members and creditors.
2 The first purpose is—
a the transfer to another company, as a going concern, of so much of the licence company’s undertaking as it is necessary to transfer to ensure that its licensed activities may be properly carried out, or
b the transfer to different companies of different parts of the licence company’s undertaking, as going concerns, where the parts together constitute so much of its undertaking as is described in paragraph (a).
3 The second purpose is the carrying on, pending the transfer, of the licence company’s licensed activities.
4 A reference to a licence company’s licensed activities is to the activities which the licence concerned authorises the company to carry out.
5 In subsection (1) “business” and “property” have the same meanings as in the 1986 Act.
6 The reference in subsection (1) to the court is to the court making the order.

I1530  Petitions and orders: supplementary.

1 A petition under section 28 above cannot be withdrawn except with the court’s leave.
2 Section 9(4) and (5) of the 1986 Act (court’s powers) apply on the hearing of a petition under section 28 above as they apply on the hearing of a petition for an administration order.
3 Section 10(1), (2), (4) and (5) of the 1986 Act (effect of petition) apply in the case of a petition under section 28 above as if—
a the reference in subsection (1) to an administration order were to an air traffic administration order;
b the reference in subsection (1)(c) to proceedings included a reference to proceedings under or for the purposes of Schedule B1 to this Act;
c in subsection (1)(c) after “its property” there were inserted “ , and no right of re-entry or forfeiture may be enforced against the company in respect of any land, ”;
d subsection (2)(b) and (c) were omitted.
4 Schedules 1 and 2 contain provisions relating to air traffic administration orders.
5 The power given by section 411 of the 1986 Act to make rules applies for the purpose of giving effect to the air traffic administration order provisions as it applies for the purpose of giving effect to Parts I to VII of that Act, but taking references to those Parts as references to those provisions.
6 The air traffic administration order provisions are sections 27 to 29, this section and Schedules 1 and 2.
7 The reference in subsection (1) to the court is to the court to which the application by petition is made.

I1631  Government financial help.

1 If an air traffic administration order is in force in relation to a company the Secretary of State may—
a make grants or loans to the company of such sums as he thinks appropriate to facilitate the achievement of the order’s purposes;
b agree to indemnify the air traffic administrator in respect of liabilities incurred and loss or damage sustained by him in connection with carrying out his functions under the order.
2 The Secretary of State may guarantee, in such manner and on such terms as he thinks fit, the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any sum borrowed from any person by a company in relation to which an air traffic administration order is in force when the guarantee is given.
3 The terms on which a grant is made under this section may require all or part of it to be repaid to the Secretary of State if there is a contravention of the other terms on which it is made.
4 A loan made under this section must be repaid to the Secretary of State at such times and by such methods, and interest must be paid to him at such rates and times, as may be specified in directions given by him from time to time.
5 Subsections (3) and (4) do not prejudice any provision applied in relation to the company by Schedule 1.
6 A grant, loan, agreement to indemnify, guarantee or direction under this section requires the Treasury’s consent.
7 The air traffic administrator is the person appointed by the court to achieve the purposes of the air traffic administration order.

I1732  Guarantees under section 31.

1 This section applies to a guarantee given under section 31.
2 Immediately after a guarantee is given the Secretary of State must lay a statement of it before each House of Parliament.
3 If a sum is paid out for fulfilling a guarantee, as soon as possible after the end of each relevant financial year the Secretary of State must lay a statement relating to the sum before each House of Parliament.
4 If any sums are paid out for fulfilling a guarantee the borrowing company must make to the Secretary of State at such times and in such manner as may be specified in directions given by him from time to time—
a payments of such amounts as he may specify in such directions in or towards repayment of the sums paid out, and
b payments of interest at such rate as he may specify in such directions on what is outstanding in respect of sums paid out.
5 Subsection (4) does not prejudice any provision applied in relation to the borrowing company by Schedule 1.
6 A direction under this section requires the Treasury’s consent.
7 Relevant financial years are financial years starting with that in which the sum is paid out and ending with that in which all liability in respect of the principal of the sum and interest on it is finally discharged.
8 The borrowing company is the company which borrowed the sums in respect of which the guarantee was given.

I1833  Northern Ireland.

Schedule 3 contains provisions relating to Northern Ireland.

Miscellaneous

I1934  Investigations.

1 A person may make a representation to the CAA about an alleged or apprehended contravention of a section 8 duty or a licence condition.
2 Where a representation is made to the CAA, the CAA may—
a consider the representation;
b investigate the alleged or apprehended contravention.
3 A section 8 duty is a duty imposed on a licence holder by section 8.

I2035  Register.

1 The CAA must compile and maintain a register for the purposes of this Chapter.
2 The register must be kept at such premises and in such form as the CAA decides.
3 The CAA must cause these matters to be entered in the register—
a the provisions of every exemption;
b the provisions of every licence;
c every modification of the licence conditions;
d every revocation or surrender of a licence;
e the provisions of every requirement or determination made or direction, consent or approval given under a licence;
f the terms of every notice given under section 9;
g the terms of every contravention notice;
h the terms of every withdrawal of a contravention notice;
i the terms of every enforcement order;
j the terms of every urgent enforcement order that has been confirmed;
k the terms of every modification or revocation of an enforcement order or urgent enforcement order.
4 The duty in subsection (3) does not extend to anything of which the CAA is unaware.
5 So far as practicable the CAA must secure the exclusion from the register of any matter relating to the affairs of a person if the CAA thinks its inclusion would or might seriously and prejudicially affect the person’s interests.
6 If the Secretary of State thinks that entry of anything in the register would be against the public interest or any person’s commercial interests, he may give a direction to the CAA requiring the CAA not to enter it.
7 The CAA must secure that the contents of the register are available for inspection by the public during such hours as may be specified in an order made by the Secretary of State.
8 If requested by any person to do so the CAA must supply him with a copy (certified to be true) of the register or of an extract from it.
9 But subsection (8) does not apply if a charge required by a scheme or regulations made under section 11 of the M5Civil Aviation Act 1982 is not paid.

36  Land.

Schedule 4 gives licence holders powers in relation to land.

37  Licence holders as statutory undertakers.

Schedule 5 contains provisions treating licence holders as statutory undertakers.

I2138  Directions in interests of national security etc.

1 The Secretary of State may give to a licence holder or to licence holders generally such directions of a general character as he thinks are necessary or expedient—
a in the interests of national security, or
b in the interests of encouraging or maintaining the United Kingdom’s relations with another country or territory.
2 The Secretary of State may give to a licence holder a direction requiring it to do or not to do a particular thing, if the Secretary of State thinks it necessary or expedient to give the direction in the interests of national security.
3 The Secretary of State may give to a licence holder a direction requiring it—
a to do or not to do a particular thing in connection with anything authorised by the licence, or
b to secure that a particular thing is done or not done in connection with anything authorised by the licence,
if the Secretary of State thinks it necessary or expedient to give the direction in order to discharge or facilitate the discharge of an international obligation of the United Kingdom.
4 In exercising his powers under subsections (1) to (3) the Secretary of State must have regard to the need to maintain a high standard of safety in the provision of air traffic services.
5 In so far as a direction under this section conflicts with the requirements of section 93 or of an order under section 94, the direction is to be disregarded.
6 In so far as a direction under this section conflicts with the requirements of an enactment or instrument other than section 93 or an order under section 94, the requirements are to be disregarded.
7 Before giving a direction under this section to a particular licence holder (as opposed to licence holders generally) the Secretary of State must consult it.
8 The Secretary of State must send a copy of a direction under this section to the CAA.
9 The Secretary of State must lay before each House of Parliament a copy of a direction under this section unless he thinks its disclosure is against the interests of national security or the interests of the United Kingdom’s relations with another country or territory or the commercial interests of any person.
10 A person must not disclose, and is not required by any enactment or otherwise to disclose, a direction given or other thing done by virtue of this section if the Secretary of State notifies him that he thinks disclosure is against the interests of national security or the interests of the United Kingdom’s relations with another country or territory or the commercial interests of any person (other than the person notified).
11 A person commits an offence if—
a without reasonable excuse he contravenes or fails to comply with a direction under this section, or
b he makes a disclosure in contravention of subsection (10).
12 A person who commits an offence under this section is liable—
a on summary conviction, to a fine not exceeding the statutory maximum;
b on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

I2239  Directions relating to the environment.

1 The Secretary of State may give such directions as he thinks are necessary or expedient—
a to prevent or deal with noise, vibration, pollution or other disturbance attributable to aircraft used for the purpose of civil aviation;
b to limit or mitigate the effects of such noise, vibration, pollution or disturbance.
2 Directions under this section may be given to—
a a licence holder or licence holders generally;
b a person who is authorised by an exemption to provide air traffic services (an authorised person) or authorised persons generally.
3 A direction under this section may be of a general character or may require a licence holder or an authorised person to do or not to do a particular thing.
4 A direction under this section may include provision requiring persons to have regard to guidance which relates to the environment and which the Secretary of State may issue from time to time.
5 In so far as a direction under this section conflicts with the requirements of section 38 or 93 or of an order under section 94, the direction is to be disregarded.
6 In so far as a direction under this section conflicts with the requirements of an enactment or instrument other than section 38 or 93 or an order under section 94, the requirements are to be disregarded.
7 Before giving a direction under this section to a particular licence holder or authorised person (as opposed to licence holders or authorised persons generally) requiring him to do or not to do a particular thing, the Secretary of State must consult—
a that licence holder or authorised person;
b the CAA.

Interpretation

I2340  Interpretation.

1 This section defines these expressions (here listed alphabetically) for the purposes of this Chapter—
a aerodrome;
aa air transport service;
ab the CMA;
ac contravention;
ad contravention notice;
ae enforcement order;
F122b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c exemption;
d licence;
da licence condition;
e licence holder;
f managed area;
g manager of an aerodrome;
h modification.
i notice;
j publication;
k representation;
l term of licence;
m urgent enforcement order.
2 An aerodrome is an aerodrome as defined in section 105(1) of the M6Civil Aviation Act 1982; and a manager of an aerodrome is a person who is in charge of it or holds a licence granted in respect of it by virtue of section 60 of that Act (Chicago Convention, regulation of air navigation etc).
3 These are managed areas—
a the United Kingdom;
b any area which is outside the United Kingdom but in respect of which the United Kingdom has undertaken under international arrangements to provide air traffic services.
4 An exemption is an exemption under this Chapter.
5 A licence is a licence under this Chapter, and references to a licence holder must be construed accordingly.
6 A licence condition is a provision of a licence which is expressed as a condition.
6A A term of a licence is a provision of a licence which is not a licence condition.
7 “Modification” includes addition, alteration and omission, and cognate expressions are to be construed accordingly.
8 “Air transport service” and “user”, in relation to such services, have the meaning given in section 69(1) of the Civil Aviation Act 2012 (air transport services).
9 “The CMA” is the Competition and Markets Authority.
10 References in this Chapter to a notice are to a notice in writing.
11 Where a person is required to publish something by this Chapter, the person must publish it in whatever form and manner the person considers appropriate for bringing it to the attention of persons likely to be affected by it.
12 A representation includes an objection.
13 A contravention includes a failure to comply, and related expressions are to be read accordingly.
14 A contravention notice is a notice under paragraph 1 of Schedule B1.
15 An enforcement order is an order under paragraph 3 of Schedule B1.
16 An urgent enforcement order is an order under paragraph 5 of Schedule B1.

40A Connected persons

1 For the purposes of this Chapter one person is connected to another if they are group undertakings in relation to each other.
2 “Group undertaking” has the same meaning as in the Companies Acts (see section 1161 of the Companies Act 2006).
3 The Secretary of State may by regulations make provision about when one person is connected with another for the purposes of this Chapter, including provision amending or otherwise modifying subsections (1) and (2).

Chapter II  Transfer schemes

Introduction

I2441  Meaning of transfer scheme.

1 For the purposes of this Chapter a transfer scheme is a scheme which contains provisions falling within one or more of subsections (2) to (8).
2 Provisions falling within this subsection are ones for the transfer of any of the CAA’s property, rights or liabilities or of all or part of its undertaking to any of the following—
a the Secretary of State;
b a company which is wholly owned by the Crown;
c a company which is wholly owned by the CAA;
d a company which is a wholly owned subsidiary of a company falling within paragraph (b) or (c).
3 Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is wholly owned by the CAA or of all or part of the transferor’s undertaking to any of the following—
a the Secretary of State;
b the CAA;
c a company which is wholly owned by the Crown;
d a company which is wholly owned by the CAA;
e a company which is a wholly owned subsidiary of a company falling within paragraph (c) or (d).
4 Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is a wholly owned subsidiary of a company wholly owned by the CAA, or of all or part of the transferor’s undertaking, to any of the following—
a the CAA;
b a company which is wholly owned by the Crown;
c a company which is wholly owned by the CAA;
d a company which is a wholly owned subsidiary of a company falling within paragraph (b) or (c).
5 Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is wholly owned by the Crown but which was wholly owned by the CAA on the coming into force of this section, or of all or part of the transferor’s undertaking, to any of the following—
a a company which is wholly owned by the Crown;
b a company which is a wholly owned subsidiary of the transferor.
6 Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is wholly owned by the Crown, or of all or part of the transferor’s undertaking, to the CAA.
7 Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) in circumstances where the transferor is a wholly owned subsidiary of a company (the holding company) wholly owned by the Crown and the holding company was wholly owned by the CAA on the coming into force of this section, or of all or part of the transferor’s undertaking, to any of the following—
a a company which is wholly owned by the Crown;
b a company which is a wholly owned subsidiary of a company falling within paragraph (a).
8 Provisions falling within this subsection are ones for the transfer of any of the property, rights or liabilities of a company (the transferor) which is a wholly owned subsidiary of a company wholly owned by the Crown, or of all or part of the transferor’s undertaking, to the CAA.
9 To the extent that a scheme provides for the transfer of all or part of an undertaking, references in the following provisions of this Chapter to property, rights and liabilities are to the undertaking or part (including property, rights and liabilities falling within it).

I2542  Transfer schemes: supplementary.

1 The things which may be transferred by a transfer scheme include—
a anything which the transferor would not otherwise be capable of transferring or assigning;
b anything to which the transferor may become entitled or subject after the scheme is made and before it comes into force;
c anything situated anywhere in the United Kingdom or elsewhere;
d anything subsisting under an enactment;
e anything subsisting under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.
2 A scheme may divide any property, rights or liabilities of a transferor and in connection with the division may—
a create for a transferor or transferee an interest in any property to which the scheme relates;
b create new rights and liabilities as between a transferor and a transferee with respect to any property to which the scheme relates;
c in connection with any provision made by virtue of paragraph (a) or (b), make incidental provision as to the interests, rights and liabilities of other persons with respect to any property to which the scheme relates.
3 A scheme may impose obligations on a transferor and transferee to take any necessary steps to secure that the following have effect—
a any interest, right or liability created by virtue of subsection (2)(a) or (b);
b any incidental provision made by virtue of subsection (2)(c).
4 A scheme may—
a impose on a transferor or transferee an obligation to enter into a specified written agreement with a specified person or persons (who may be or include a transferor or transferee);
b impose on a transferor or transferee an obligation to execute a specified instrument in favour of a specified person or persons (who may be or include a transferor or transferee);
c make provision (for instance, where part of particular property is transferred) that rights and liabilities specified or identified in the scheme are enforceable by or against a transferor or transferee (or both).
5 A scheme may make such supplementary, incidental, consequential or transitional provisions as the scheme’s maker thinks are appropriate.

CAA’s schemes

I2643  Transfer schemes made by CAA.

1 After consulting the CAA the Secretary of State may give a direction requiring it to make a transfer scheme.
2 A direction may specify how a scheme is to be made and the time within which it is to be made and submitted to the Secretary of State (as well as what is to be transferred, the transferor and the transferee).
3 In so far as a direction conflicts with the requirements of an enactment or instrument, the requirements are to be disregarded.
4 No direction may be given under this section before the end of the period of three months starting with the day on which this Act is passed.

I2744  Effect of scheme made by CAA.

1 This section applies to a scheme made under section 43.
2 A scheme does not come into force unless the Secretary of State approves it in writing.
3 Subject to that, a scheme comes into force on—
a the day it specifies for it to come into force, or
b if the approval specifies a day for it to come into force, that day.
4 The Secretary of State may modify a scheme before approving it and after consulting each person who is a transferor or a transferee.
5 When a scheme comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
6 Any transferor or transferee (other than the Secretary of State) must provide the Secretary of State with any information and other assistance he may reasonably require in connection with his powers to approve and modify under this section.
7 If a body fails without reasonable excuse to comply with subsection (6) it is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
8 In this section “modify” includes add to, omit from and otherwise alter.
9 No approval may be given under this section before the end of the period of three months starting with the day on which this Act is passed.

Secretary of State’s schemes

I2845  Transfer schemes made by Secretary of State.

1 This section applies if—
a the CAA fails to submit a transfer scheme within the time specified in a direction under section 43, or
b the Secretary of State does not approve a transfer scheme submitted by the CAA.
2 In such a case the Secretary of State may make a transfer scheme after consulting each person who is a transferor or a transferee.
3 A scheme made under this section comes into force on the day it specifies for it to come into force.
4 When the scheme comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
5 No scheme may be made under this section before the end of the period of three months starting with the day on which this Act is passed.

I2946  Information for purposes of section 45.

1 If the Secretary of State proposes to make a transfer scheme he may give a direction to an interested body requiring it—
a to provide him with such information as he thinks necessary to enable him to make the scheme, and
b to do so within the period (not less than 28 days starting with the date on which the direction is given) specified in the direction.
2 These are interested bodies—
a the CAA;
b a company which is wholly owned by the Crown;
c a company which is wholly owned by the CAA;
d a company which is a wholly owned subsidiary of a company falling within paragraph (b) or (c).
3 If a body fails to comply with a direction under subsection (1) the Secretary of State may serve on it a notice which—
a requires it to produce any documents which are specified or described in the notice and are in its custody or under its control, and to produce them at a time and place so specified and to a person so specified, or
b requires it to supply information specified or described in the notice, and to supply it at a time and place and in a form and manner so specified and to a person so specified.
4 No body may be required under this section—
a to produce documents which it could not be compelled to produce in civil proceedings in the court;
b to supply information which it could not be compelled to supply in such proceedings.
5 If a body fails without reasonable excuse to do anything required of it by a notice under subsection (3) it is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6 If a body intentionally alters, suppresses or destroys a document which it has been required to produce by a notice under subsection (3) it is guilty of an offence and liable—
a on summary conviction, to a fine not exceeding the statutory maximum;
b on conviction on indictment, to a fine.
7 If a body makes default in complying with a notice under subsection (3) the court may on the Secretary of State’s application make such order as the court thinks fit for requiring the default to be made good.
8 An order under subsection (7) may provide that all the costs or expenses of and incidental to the application are to be borne—
a by the body in default, or
b if officers of the body are responsible for its default, those officers.
9 A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.
10 A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
11 A reference to the court is to—
a the High Court in relation to England and Wales or Northern Ireland;
b the Court of Session in relation to Scotland.

Accounting provisions

I3047  Accounting provisions.

1 This section applies if any property, rights or liabilities are transferred under a transfer scheme—
a from the CAA to a company,
b from a company to the CAA, or
c from a company to a company.
2 The transfer scheme may state—
a the value at which any asset transferred to the transferee under the scheme is to be entered in the opening accounts of the transferee;
b the amount at which any liability so transferred is to be entered in those accounts.
3 The value or amount which may be stated by virtue of subsection (2) is—
a in a case where the whole of the asset or liability is transferred by the transfer scheme, the value or amount at which the asset or liability appeared in the last full accounts of the transferor;
b in a case where part only of the asset or liability is so transferred, such part of the value or amount at which the asset or liability appeared in the last full accounts of the transferor as may be determined by or in accordance with the transfer scheme.
4 But if the maker of the transfer scheme considers that some other value or amount is appropriate, the value or amount which may be stated by virtue of subsection (2) is that other amount or value.
5 If no value or amount appeared as mentioned in subsection (3) in the case of an asset or liability, the value or amount which may be stated by virtue of subsection (2) is the value or amount which the maker of the transfer scheme considers appropriate.
6 The transfer scheme may provide that the amount to be included in the opening accounts of the transferee as representing its accumulated realised profits is to be determined as if such proportion of any profits realised and retained by the transferor as may be determined by or in accordance with the transfer scheme had been realised and retained by the transferee.
7 The transfer scheme may provide that the amount to be included in the opening accounts of the transferee as representing its accumulated realised losses is to be determined as if such proportion of any accumulated realised losses of the transferor as may be determined by or in accordance with the transfer scheme had been losses realised by the transferee.
8 When the transfer scheme comes into force a statement or provision under subsection (2), (6) or (7) has effect to require any value or amount concerned to be entered or determined accordingly.

I3148  Accounting provisions: interpretation.

1 This section applies for the purposes of section 47.
2 The opening accounts of the transferee are—
a if the transferee is the CAA, the annual accounts prepared by it in accordance with section 15 of the M7Civil Aviation Act 1982 for the accounting year next ending after the transfer date;
b if the transferee is a company, any statutory accounts prepared by it for the accounting year next ending after the transfer date.
3 The last full accounts of the transferor are—
a if the transferor is the CAA, the annual accounts prepared by it in accordance with section 15 of the M8Civil Aviation Act 1982 for the accounting year last ended before the making of the transfer scheme;
b if the transferor is a company, the statutory accounts of the company for the accounting year last ended before the making of the transfer scheme.
4 An accounting year is—
a in the case of the CAA, the period of 12 months ending with 31 March in any year;
b in the case of a company, its financial year within the meaning of the Companies Act 2006.
5 Statutory accounts are accounts prepared by a company for the purpose of any provision of the Companies Act 2006 (including group accounts).

Ownership of transferee companies

I3249  Issue of securities.

1 This section applies if any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is a company falling within subsection (4).
2 The Secretary of State may give a direction under this section to the transferee if when the direction is given it is a company falling within subsection (4).
3 A direction under this section is one requiring the transferee—
a to issue to the appropriate person such securities of the transferee as are specified in the direction,
b to do so at a time or times (specified in the direction) when it is a company falling within subsection (4), and
c to do so on such terms as are specified in the direction.
4 A company falls within this subsection if it is—
a a company which is wholly owned by the Crown,
b a company which is wholly owned by the CAA, or
c a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).
5 The appropriate person is such of the following as the Secretary of State may specify in the direction—
a the transferor;
b the Secretary of State;
c the CAA;
d a company which is wholly owned by the Crown;
e a company which is wholly owned by the CAA;
f a company which is a wholly owned subsidiary of a company falling within paragraph (d) or (e).
6 Shares issued in pursuance of this section—
a must be of such nominal value as may be specified in a direction given by the Secretary of State, and
b must be issued as fully paid and treated for the purposes of the Companies Act 2006 as if they had been paid up by virtue of the payment to the transferee of their nominal value in cash.

I3350  Government investment in securities.

1 This section applies if any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is—
a a company which is wholly owned by the Crown,
b a company which is wholly owned by the CAA, or
c a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).
2 The Treasury or the Secretary of State with the Treasury’s consent may—
a acquire securities of the transferee by subscription or purchase;
b acquire options to acquire or dispose of securities of the transferee.
3 The Secretary of State must not dispose of any securities or options acquired under this section without the Treasury’s consent.

I3451  Crown shareholding.

1 This section applies if any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is—
a a company which is wholly owned by the Crown,
b a company which is wholly owned by the CAA, or
c a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).
2 The Secretary of State may by order designate such a transferee for the purposes of this section.
3 The Secretary of State must ensure that the Crown does not dispose of any of the shares it holds in the designated company unless he is satisfied that a scheme is in place to ensure the completion of any project which—
a concerns the development of major facilities connected with air traffic services, and
b was commissioned before the coming into force of this section by the CAA or a company wholly owned by the CAA.
4 The Secretary of State must ensure that the Crown does not dispose of any of the shares it holds in the designated company unless—
a the Crown holds at least 49 per cent of the company’s issued ordinary share capital immediately before the disposal, and
b the Crown will continue to hold at least 49 per cent of that share capital immediately after the disposal.
5 The Secretary of State must ensure that at any given time the Crown holds at least 25 per cent of the designated company’s issued ordinary share capital.
6 The Secretary of State must ensure that the Crown continues to hold any special share provided for under the designated company’s articles of association.
7 A special share is a share which can be held only by the Crown and which gives the shareholder the right to prevent certain events by withholding consent.
8 The Secretary of State must not consent to any alteration of the designated company’s articles of association which requires his consent on behalf of the Crown as special shareholder unless a statement of the intended consent has been laid before and approved by resolution of each House of Parliament.
9 If a person enters into a transaction relating to shares issued by the designated company—
a he need not enquire whether the transaction results in a contravention of subsection (3), (4), (5) or (6), and
b his rights in relation to the shares are not to be questioned on the grounds of, or affected by, a contravention of subsection (3), (4), (5) or (6).
10 Grounds on which the Secretary of State may be satisfied that a scheme is in place as mentioned in subsection (3) include the grounds that the arrangements for the disposal of the shares include provision obliging the person acquiring them to ensure the completion of the project.
11 For the purposes of this section a project concerns the development of major facilities if (and only if) the Secretary of State thinks that the value of the project is above £200 million.
12 The Secretary of State may by order amend or repeal this section.

Transferee companies: other provisions

I3552  Loans.

1 This section applies if any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is a company falling within subsection (3).
2 With the Treasury’s approval the Secretary of State may make loans of such amounts as he thinks fit to the transferee if when the loans are made it is a company falling within subsection (3).
3 A company falls within this subsection if it is—
a a company which is wholly owned by the Crown,
b a company which is wholly owned by the CAA, or
c a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).
4 If loans are made under this section—
a they must be repaid to the Secretary of State at such times and by such methods as he may specify in a direction given with the Treasury’s approval;
b interest on them must be paid to him at such rates and at such times as may be specified in such a direction.
5 The Secretary of State must exercise his powers under this section so as to ensure that the aggregate of the amounts outstanding in respect of the principal of loans made under this section does not at any time exceed £1,000 million.
6 In respect of each financial year the Secretary of State must prepare, in such form as may be specified in a direction given by the Treasury, an account of—
a sums issued to him out of the National Loans Fund for making loans under this section,
b sums received by him under subsection (4), and
c how he has disposed of those sums.
7 The Secretary of State must send the account to the Comptroller and Auditor General not later than the end of the month of August in the following financial year.
8 The Comptroller and Auditor General must examine, certify and report on the account and must lay copies of it and of his report before each House of Parliament.

I3653  Guarantees.

1 This section applies if any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is a company falling within subsection (3).
2 The Treasury or the Secretary of State may guarantee the discharge of any financial obligation of the transferee if when the guarantee is made it is a company falling within subsection (3).
3 A company falls within this subsection if it is—
a a company which is wholly owned by the Crown,
b a company which is wholly owned by the CAA, or
c a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).
4 In the case of a financial obligation incurred before the giving of a guarantee, it is immaterial when the obligation was incurred.
5 A guarantee may be given on such terms and in such manner as the Treasury or the Secretary of State decides.
6 A guarantee may continue to have effect after the transferee has ceased to be a company falling within subsection (3).
7 The Treasury may not give a guarantee in relation to a financial obligation which is owed by the transferee to the Secretary of State.
8 A guarantee may not be given unless the Treasury or the Secretary of State has entered into arrangements under which the transferee will be liable to make payments (including payments of interest) in respect of sums issued in fulfilment of the guarantee.
9 The Treasury and the Secretary of State must exercise their powers under this section so as to ensure that the aggregate of the amounts of principal in relation to which guarantees are given under this section does not at any time exceed £500 million.
10 As soon as practicable after giving a guarantee under this section the Treasury or the Secretary of State must lay a statement of the guarantee before each House of Parliament.
11 As soon as practicable after issuing a sum in fulfilment of a guarantee under this section the Treasury or the Secretary of State must lay a statement relating to the sum before each House of Parliament.
12 If a payment is not made as required by arrangements under subsection (8), as soon as practicable after the default occurs the Treasury or the Secretary of State (depending on who made the arrangements) must lay a statement of the default before each House of Parliament.

I3754  Grants.

1 This section applies if any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is a company falling within subsection (3).
2 With the Treasury’s approval the Secretary of State may make grants towards the transferee’s expenditure if when the grants are made it is a company falling within subsection (3).
3 A company falls within this subsection if it is—
a a company which is wholly owned by the Crown,
b a company which is wholly owned by the CAA, or
c a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).
4 Grants may be of such amounts and be made at such times and in such manner as the Secretary of State may determine with the Treasury’s approval.
5 Grants may be made subject to such conditions as the Secretary of State may determine with the Treasury’s approval.
6 Grants may be retained by the transferee after it has ceased to be a company falling within subsection (3) (subject to any condition imposed under subsection (5)).

I3855  Trustee investments.

1 This section applies if—
a any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is a company wholly owned by the Crown,
b at a time after the transfer the first condition (set out in subsection (2)) is satisfied, and
c the second condition (set out in subsection (3)) is satisfied.
2 The first condition is that the transferee is a company whose shares or debentures are included in the Official List, within the meaning of Part IV of the M9Financial Services Act 1986, in pursuance of that Part.
3 The second condition is that immediately before its shares or debentures are admitted to the Official List the transferee is wholly owned by the Crown.
4 If this section applies, subsection (5) has effect for the purpose of applying paragraph 3(b) of Part IV of Schedule 1 to the M10Trustee Investments Act 1961 (dividends to be paid in each of the five years immediately preceding investment year) in relation to investment in shares or debentures of the transferee in the year of issue or any later year.
5 The transferee must be taken to have paid a dividend as mentioned in paragraph 3(b)—
a in every year which precedes the year of issue and which is included in the relevant five years, and
b in the year of issue, if it is included in the relevant five years and the transferee does not in fact pay such a dividend in that year.
6 For the purposes of this section—
a the year of issue is the calendar year in which shares in the transferee are first issued in pursuance of section 49;
b the relevant five years are the five years immediately preceding the year in which the investment in question is made or proposed to be made.

I3956  Shadow directors.

1 This section applies if—
a any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is a company falling within subsection (2), and
b at a time after the transfer the condition set out in subsection (3) is satisfied.
2 A company falls within this subsection if it is—
a a company which is wholly owned by the Crown,
b a company which is wholly owned by the CAA, or
c a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).
3 The condition is that—
a the transferee continues to be, or becomes and continues to be, a company which is wholly owned by the Crown or a wholly owned subsidiary of such a company, or
b the Crown continues to hold any special share provided for under the transferee’s articles of association.
4 For the purposes of the provisions listed in subsection (5) none of the persons listed in subsection (8) is to be regarded as a shadow director of the transferee or of a company associated with the transferee at a time while the condition set out in subsection (3) is satisfied.
5 The provisions are—
a section 162(6) of the Companies Act 2006 (register of directors: liability for offence);
b Chapter 3 of Part 10 of that Act (declaration of interest in existing transaction or arrangement);
c sections 190 to 196 of that Act (transactions requiring members’ approval: substantial property transactions);
d sections 197 to 214 of that Act (transactions requiring members’ approval: loans etc.);
e regulation 28(3) of the Companies, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 (liability for offence), as it applies in relation to an offence under regulation 26 (disclosure of names of directors).
8 The persons are—
a a Minister of the Crown;
b a Northern Ireland Minister;
c a nominee of a person falling within paragraph (a) or (b);
d a Northern Ireland Department.
9 A special share is a share which can be held only by the Crown and which gives the shareholder the right to prevent certain events by withholding consent.
10 A company is associated with the transferee if the conditions in subsections (11) and (12) are satisfied.
11 The first condition is that the company is designated for the purposes of this subsection by an order of the Secretary of State.
12 The second condition is that the company is—
a wholly owned by the Crown, or
b a subsidiary of the transferee.

Extinguishment of liabilities

I4057  Extinguishment of liabilities.

1 With the Treasury’s consent the Secretary of State may give a direction under this section to the CAA if he thinks that to do so would be appropriate in connection with a transfer scheme which has been or is proposed to be made.
2 A direction may be given in relation to a company which is wholly owned by the CAA when the direction is given, and it may require the CAA—
a to release the company from liability in respect of debts which the company owes to the CAA and which are specified in the direction;
b to do so at a time when the company is wholly owned by the CAA;
c to become a party to such arrangements as the direction may specify with a view to the release taking effect.
3 A direction may by virtue of subsection (2)(c) include provision as to instruments, their form and the time they are to be made.
4 A direction has effect to require the CAA to act in accordance with it even if to do so would not be in furtherance of the CAA’s functions arising apart from this section.
5 If a direction is given the Secretary of State may by order extinguish the CAA’s liability in respect of debts which satisfy these conditions—
a the CAA owes the debts to him,
b he thinks they correspond to those specified in the direction, and
c they are specified in the order.
6 A direction or order may relate to liability for principal only.

I4158  Securities to be issued.

1 With the Treasury’s consent the Secretary of State may give one or more directions under this section if he thinks that to do so would be appropriate in connection with a direction which has been given under section 57.
2 A direction under this section may be given to a company falling within subsection (3), and it may require the company—
a to issue to the appropriate person specified in the direction such securities of the company as the direction specifies, or
b to issue to different appropriate persons so specified such securities of the company as the direction specifies.
3 These companies fall within this subsection—
a the company whose liability the direction under section 57 requires to be released;
b a company which wholly owns that company;
c a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).
4 These are appropriate persons—
a the Secretary of State;
b the company whose liability the direction under section 57 requires to be released;
c a company which wholly owns that company.
5 But a company does not fall within subsection (3), and a company is not an appropriate person, unless—
a it is wholly owned by the Crown when the direction under this section is given, or
b it is a wholly owned subsidiary of a company which is wholly owned by the Crown when the direction under this section is given.
6 Different directions may be given under this section to the same company; and different directions may be given to different companies.
7 A company which is given a direction under this section must issue securities in accordance with it.
8 Securities issued in pursuance of this section must be issued at such times and on such terms as the direction concerned specifies.
9 Shares issued in pursuance of this section—
a must be of such nominal value as the direction concerned specifies, and
b must be issued as fully paid and treated for the purposes of the Companies Act 2006 as if they had been paid up by virtue of the payment to the issuing company of their nominal value in cash.

I4259  Securities: other provisions.

1 If a security is issued to a company in pursuance of section 49 or 58, for the purposes of its statutory accounts the value of the security when issued must be taken to have been equal to—
a its nominal value (if it is a share);
b the principal sum payable under it (if it is a debenture).
2 The nominal value or principal sum mentioned above must be taken to be accumulated realised profits for the purposes of the company’s statutory accounts.
3 If a direction under section 49 or 58 requires a company to issue a debenture the direction may specify—
a the principal sum payable under the debenture;
b the terms as to the payment of the principal sum;
c the terms as to the payment of interest on the principal sum.
4 The principal sum payable under the debenture, and the terms as to the payment of it and of interest on it, must be taken to be those so specified.
5 Statutory accounts are accounts prepared by a company for the purpose of any provision of the Companies Act 2006 (including group accounts).

Miscellaneous

I4360  Enforcement of certain obligations.

1 An obligation imposed by a provision included in a scheme by virtue of section 42(4)(a) is enforceable by civil proceedings by a person with whom the agreement is to be made or by any transferor or transferee.
2 An obligation imposed by a provision included in a scheme by virtue of section 42(4)(b) is enforceable by civil proceedings by a person in whose favour the instrument is to be executed or by any transferor or transferee.
3 The proceedings may be for an injunction or for interdict or for any other appropriate relief or remedy.
4 A transaction effected in pursuance of an obligation mentioned in subsection (1) or (2)—
a is to have effect subject to the provisions of any enactment providing for transactions of the kind concerned to be registered in a statutory register, but
b subject to that, is to be binding on all other persons, even if it would otherwise require the consent or concurrence of any other person.

I4461  Special provisions about land.

1 For the purposes of this section these rights affecting land are relevant land rights—
a a right of reverter (or in Scotland the right of the fiar on the termination of a liferent);
b a right of pre-emption;
c a right of forfeiture;
d a right of re-entry;
e a right of irritancy;
f an option;
g a right similar to anything falling within paragraphs (a) to (f).
2 No relevant land right is to operate or become exercisable as a result of a transfer of land—
a under a transfer scheme,
b in consequence of anything done under Schedule 6, or
c pursuant to an obligation imposed by a provision included in a scheme by virtue of section 42(4)(a) or (b).
3 In the case of a transfer mentioned in subsection (2) a relevant land right is to have effect as if—
a the person to whom the land is transferred were the same person in law as the person transferring the land, and
b no transfer of the land had taken place.
4 Subsection (5) applies if—
a apart from subsections (2) and (3) a relevant land right would have operated in favour of a person or become exercisable by him, but
b the circumstances are such that in consequence of those subsections the right cannot subsequently operate in his favour or become exercisable by him (as the case may be).
5 In such a case just compensation is payable to him by the person to whom the land is transferred or the person transferring it (or both) in respect of the right’s extinguishment.
6 A dispute about whether or how much compensation is payable or about the person to or by whom it is payable must be referred to and decided by—
a an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),
b an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or
c an arbitrator appointed by the Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland (if the proceedings are to be held in Northern Ireland).
7 If it appears to the person transferring the land that a person is or may be entitled to compensation he must—
a notify that person in writing that he is or may be entitled, and
b invite him to make representations to the person transferring the land, and to do so not later than the expiry of the period of 14 days starting with the date of issue of the notification.
8 But if the person transferring the land is not aware of the name and address of the person concerned he must publish in such manner as he thinks appropriate a notice—
a containing information about the right affected, and
b inviting any person who thinks he is or may be entitled to compensation to make representations to the person transferring the land, and to do so within the period (not less than 28 days starting with the date of publication of the notice) specified in the notice.
9 Subsections (2) and (3) apply in relation to the doing of any thing in relation to land (including the grant or creation of an estate or interest in it or right over it) as they apply in relation to a transfer of land; and a reference in this section to the person to whom the land is transferred or the person transferring it is to be construed accordingly.

I4562  Exercise of functions through nominees.

1 The Treasury or the Secretary of State with the Treasury’s approval may for the purposes of section 49, 50 or 58 appoint a person to act as the nominee, or one of the nominees, of the Treasury or the Secretary of State.
2 In accordance with directions given from time to time by the Treasury or by the Secretary of State—
a securities may be issued under section 49 or 58 to a nominee of the Secretary of State appointed for the purposes of that section, and
b a nominee of the Treasury or the Secretary of State appointed for the purposes of section 50 may acquire securities under that section.
3 A person holding any securities as a nominee of the Treasury or the Secretary of State by virtue of this section must hold and deal with them (or any of them) on such terms and in such manner as may be specified in directions given by the Treasury or the Secretary of State.
4 A direction of the Secretary of State under subsection (2) or (3) requires the Treasury’s consent.

I4663  Further provisions about transfer schemes.

Schedule 6 contains provisions about transfer schemes.

I4764  Tax.

Schedule 7 contains provisions about tax.

Interpretation

65  Interpretation.

1 This section defines these expressions (here listed alphabetically) for the purposes of this Chapter—
a company;
b company which wholly owns a company;
c company wholly owned by the CAA;
d company wholly owned by the Crown;
e a Northern Ireland Minister;
f securities;
g shares held by the Crown;
h subsidiary and wholly owned subsidiary;
i transferee;
j transferor.
2 “Company” means a company as defined in section 1(1) of the Companies Act 2006.
3 A company is wholly owned by the Crown at any time when all its shares are held by the Crown.
4 Shares are held by the Crown if they are held—
a by a Minister of the Crown or his nominee,
b by a Northern Ireland Minister or his nominee,
c by a Northern Ireland department, or
d by a company of which all the shares are held by the Crown.
5 “Northern Ireland Minister” includes the First Minister and the deputy First Minister in Northern Ireland.
6 A company is wholly owned by the CAA at any time when it has no members except—
a the CAA and its wholly owned subsidiaries, or
b persons acting on behalf of the CAA or its wholly owned subsidiaries.
7 A company which wholly owns another company is a company of which the other is a wholly owned subsidiary.
8 The expressions “subsidiary” and “wholly owned subsidiary” have the meanings given by section 1159 of the Companies Act 2006.
9 “Securities” has the same meaning as in section 142 of the M11Financial Services Act 1986.
10 A transferee is any person to whom anything is or is to be transferred by a scheme.
11 A transferor is any person from whom anything is or is to be transferred by a scheme.
12 The definitions in this section apply unless the contrary intention appears.

Chapter III  Air navigation

I4866  Air navigation: directions.

1 The Secretary of State may give directions to the CAA imposing duties or conferring powers (or both) on it with regard to air navigation in a managed area.
2 No action is to lie in respect of a failure by the CAA to perform a duty imposed on it by a direction under subsection (1); but that does not affect a right of action in respect of an act or omission which takes place in the course of performing the CAA’s air navigation functions.
3 The chief executive of the CAA must, with the approval of the chair and at least one other non-executive member of the CAA, nominate another executive member of the CAA for the purposes of this section.
3A A person nominated under subsection (3) must perform on the CAA's behalf such of its air navigation functions as the Secretary of State may specify.
3B The chief executive must consult the Secretary of State before nominating a person under subsection (3).
4 The following provisions are not to apply to the CAA’s air navigation functions—
a section 7(1) of the M12Civil Aviation Act 1982 (Secretary of State’s power to prescribe functions not to be performed by a person on CAA’s behalf);
b paragraph 15 of Schedule 1 to that Act (CAA’s power to authorise a person to perform functions on its behalf).
5 A person nominated under subsection (3) may authorise a member or employee of the CAA to perform on his behalf the functions which he is to perform by virtue of that subsection.

I4967  National security.

1 The Secretary of State may nominate a non-executive member of the CAA for the purposes of this section, and in this section references to the national security nominee are to the person nominated under this section.
2 Subsection (3) applies if—
a there is a difference of opinion between the national security nominee and the CAA,
b the difference of opinion relates to the CAA’s air navigation functions, and
c the national security nominee thinks that if the CAA’s opinion prevailed it could have an effect contrary to the interests of national security.
3 In such a case—
a the CAA must refer the matter to the Secretary of State, and
b after consulting the CAA the Secretary of State may give it such directions regarding the matter as he thinks fit.
4 The national security nominee may authorise a member or employee of the CAA to perform on his behalf the functions which he is to perform by virtue of this section; and while such an authorisation is effective references in subsection (2) to the national security nominee are to the person authorised under this subsection.

I5068  Directions: further provision.

1 Directions under section 66(1) may include provision as to the manner in which the CAA is to exercise its air navigation functions.
2 The provision may include—
a provision requiring consultation with specified persons or specified descriptions of persons in relation to specified matters;
b provision requiring the CAA to seek the approval of the Secretary of State in relation to specified matters;
c provision requiring the CAA in specified circumstances to refer specified matters to the Secretary of State.
3 If a matter is referred to the Secretary of State by virtue of subsection (2)(b) or (c) he may give such directions to the CAA as he thinks fit.

I5169  Directions: supplementary.

1 In so far as a direction under section 66(1), 67(3) or 68(3) conflicts with the requirements of section 93 or of an order under section 94, the direction is to be disregarded.
2 In so far as a direction under section 66(1), 67(3) or 68(3) conflicts with the requirements of an enactment or instrument other than section 93 or an order under section 94, the requirements are to be disregarded.
3 If a direction is given under section 66(1) the CAA—
a must publish the direction in such manner as may be specified in regulations made by the Secretary of State;
b must set out the direction in the report made under section 21 of the M13Civil Aviation Act 1982 (annual report) for the accounting year in which the direction is given.
4 If a direction is given under section 67(3) or section 68(3) the CAA—
a must set out the direction in the report made under section 21 of the M14Civil Aviation Act 1982 for the accounting year in which the direction is given, but
b must exclude a direction or part of a direction as to which the Secretary of State notifies the CAA that in his opinion it is against the national interest to set it out in the report.

I5270  General duty.

1 The CAA must exercise its air navigation functions so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (2) and (3).
2 The CAA must exercise its air navigation functions in the manner it thinks best calculated—
a to secure the most efficient use of airspace consistent with the safe operation of aircraft and the expeditious flow of air traffic;
b to satisfy the requirements of operators and owners of all classes of aircraft;
c to take account of the interests of any person (other than an operator or owner of an aircraft) in relation to the use of any particular airspace or the use of airspace generally;
ca to take account of any guidance relating to spaceflight activities (within the meaning of the Space Industry Act 2018) given to the CAA by the Secretary of State;
d to take account of any guidance on environmental objectives given to the CAA by the Secretary of State after the coming into force of this section;
e to facilitate the integrated operation of air traffic services provided by or on behalf of the armed forces of the Crown and other air traffic services;
f to take account of the interests of national security;
g to take account of any international obligations of the United Kingdom notified to the CAA by the Secretary of State (whatever the time or purpose of the notification).
3 If in a particular case there is a conflict in the application of the provisions of subsection (2), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole.
4 The CAA must exercise its air navigation functions so as to impose on providers of air traffic services the minimum restrictions which are consistent with the exercise of those functions.
5 Section 4 of the M15Civil Aviation Act 1982 (CAA’s general objectives) does not apply in relation to the performance by the CAA of its air navigation functions.

I5371  Information for purposes of Chapter III.

1 The CAA may, for any purpose connected with its air navigation functions, serve on a person who provides air traffic services a notice which—
a requires the person to produce any documents which are specified or described in the notice and are in his custody or under his control, and to produce them at a time and place so specified and to a person so specified, or
b requires the person to supply information specified or described in the notice, and to supply it at a time and place and in a form and manner so specified and to a person so specified.
2 A requirement may be made under subsection (1)(b) only if the person is carrying on a business.
3 No person may be required under this section—
a to produce documents which he could not be compelled to produce in civil proceedings in the court;
b to supply information which he could not be compelled to supply in such proceedings.
4 If a person without reasonable excuse fails to do anything required of him by a notice under subsection (1) he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5 If a person intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under subsection (1) he is guilty of an offence and liable—
a on summary conviction, to a fine not exceeding the statutory maximum;
b on conviction on indictment, to a fine.
6 If a person makes default in complying with a notice under subsection (1) the court may on the CAA’s application make such order as the court thinks fit for requiring the default to be made good.
7 An order under subsection (6) may provide that all the costs or expenses of and incidental to the application are to be borne—
a by the person in default, or
b if officers of a company or other association are responsible for its default, by those officers.
8 A reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form.
9 A reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
10 A reference to the court is to—
a the High Court in relation to England and Wales or Northern Ireland;
b the Court of Session in relation to Scotland.

I5472  Interpretation.

1 This section applies for the purposes of this Chapter.
2 The CAA’s air navigation functions are the functions which the CAA is to perform in pursuance of directions under section 66(1).
3 These are managed areas—
a the United Kingdom;
b any area which is outside the United Kingdom but in respect of which the United Kingdom has undertaken under international arrangements to carry out activities with regard to air navigation.

Chapter IV  Charges for air services

Charges

I5573  Charges for services.

1 The CAA may specify—
a the amounts of, or methods of calculating, the charges which are to be paid by virtue of this section in respect of chargeable air services (or of such descriptions of those services as the CAA specifies),
b the operators and owners of aircraft (or descriptions of such operators and owners) who are to pay the charges,
c the persons (or descriptions of persons) to whom they are to be paid, and
d the currencies in which they are to be paid.
2 On or after making specifications under subsection (1) the CAA may stipulate—
a that charges are to be dispensed with in cases of specified descriptions;
b that interest at a specified rate is to be paid on charges in respect of any period in which they are due but unpaid;
c that interest is to be paid with the charges or separately;
d that charges of a specified description are payable elsewhere than in the United Kingdom;
e that charges of a specified description are to be disposed of in a specified way when received.
3 Charges of the specified amounts, or calculated in accordance with the specified methods, must be paid in accordance with specifications made under subsection (1).
4 But if stipulations are made under subsection (2)(a) the charges concerned are not to be paid.
5 If stipulations are made under subsection (2)(b) or (c) interest must be paid accordingly.
6 If stipulations are made under subsection (2)(d) the charges concerned are payable accordingly.
7 If stipulations are made under subsection (2)(e) the charges concerned must be disposed of accordingly.
8 Subsections (3) to (7) have effect subject to section 74.
9 For the purposes of subsection (1)(c) persons include—
a Eurocontrol and other international organisations, and
b governments of countries or territories outside the United Kingdom.

I5674  Publication, commencement, amendment and revocation.

1 If the CAA makes specifications or stipulations under section 73—
a it must publish a notice containing them;
b they become effective as provided in the published notice.
2 The CAA may amend or revoke any specifications or stipulations published under this section, and—
a it must publish a notice containing any amendment or revocation;
b the amendment or revocation becomes effective as provided in the published notice.
3 An amendment or revocation does not affect any liability incurred before the amendment or revocation becomes effective.
4 Publication under this section must be made—
a in the London Gazette, the Edinburgh Gazette and the Belfast Gazette, or
b in such other manner as the Secretary of State may provide by order.

I5775  Specifications: supplementary.

1 This section applies for the purposes of specifications under section 73(1).
2 The CAA may specify—
a different amounts or methods in respect of different descriptions of services;
b different amounts or methods in respect of different classes or descriptions of aircraft;
c different amounts or methods in respect of different circumstances in which aircraft are used.
3 In specifying amounts or methods the CAA must have regard to—
a tariffs which are approved under any international agreement to which the United Kingdom is a party;
b tariffs which in the CAA’s opinion are likely to be approved under any such agreement before or within one month after the date when the specifications are to take effect;
c tariffs which in the CAA’s opinion are likely to be approved, before or within one month after the date when the specifications are to take effect, under any international agreement to which the United Kingdom is likely to be a party before or within one month after that date.
4 Methods may be expressed by reference to such factors (including exchange rates between currencies) as the CAA thinks fit.
5 A description of services may be expressed by reference to such factors (including the area in respect of which they are provided) as the CAA thinks fit.
6 A description of operators and owners may be so general as to refer to all operators and owners.
7 Owners and operators may be specified (or of a description specified) if the services concerned are available for the aircraft concerned, and it is immaterial whether or not the services are actually used or could be used with the equipment installed in the aircraft.

I5876  Liability, recovery etc.

1 Liability to pay a charge by virtue of section 73 arises whether or not—
a the aircraft concerned is registered in the United Kingdom;
b it is in the United Kingdom when the services concerned are provided;
c the services concerned are provided from a place in the United Kingdom.
2 A charge payable by virtue of section 73 is recoverable in the United Kingdom wherever it is payable (without prejudice to its recovery elsewhere).
3 A court in any part of the United Kingdom has jurisdiction to hear and determine—
a a claim for a charge or interest payable by virtue of section 73;
b a claim, by a person appearing to the court to have an interest in the matter, that a charge which by virtue of that section must be disposed of in a particular way has not been disposed of in that way.
4 Subsection (3) applies even if the person against whom the claim is made is not resident within the court’s jurisdiction.

I5977  Chargeable air services.

1 For the purposes of this Chapter chargeable air services are services which—
a fall within subsection (2), and
b are not excepted air services (as defined in subsection (3)).
2 These services fall within this subsection—
a air traffic services provided in respect of the United Kingdom;
b air traffic services which the United Kingdom has undertaken under international arrangements to provide in respect of an area outside the United Kingdom;
c air traffic services which are provided in respect of an area outside the United Kingdom and the charges for which the United Kingdom has undertaken to collect under international arrangements;
d services which are provided by the CAA in performing its air navigation functions (within the meaning of Chapter III) and for which Eurocontrol is to collect charges under the Eurocontrol agreement;
e air traffic services which do not fall within paragraph (d) and for which Eurocontrol is to collect charges under the Eurocontrol agreement.
3 These are excepted air services—
a air traffic services provided by the owner or manager of an aerodrome or by his employee other than services which fall within subsection (3A);
b air traffic services provided on behalf of the owner or manager of an aerodrome (other than a designated aerodrome) in circumstances where the person providing the services is not an employee of the owner or manager and they are provided under a contract or other arrangement made by the owner or manager and the person providing them.
3A Air traffic services fall within this subsection if—
a they are services for which Eurocontrol is to collect charges under the Eurocontrol agreement, and
b they are provided by the owner or manager of an aerodrome or by his employee under a contract or other arrangement made by the owner or manager with the CAA and the CAA in making that contract or other arrangement is acting in pursuance of its air navigation functions (within the meaning of Chapter III).
4 A designated aerodrome is an aerodrome designated by the Secretary of State by order for the purposes of subsection (3)(b).
5 The Secretary of State may by order amend the meaning of chargeable air services for the purposes of this Chapter.

I6078  Amounts for recovery etc.

1 This section applies if—
a an amount of a charge is specified under section 73(1) in respect of a service falling within section 77(2)(d) or (e), and
b under the Eurocontrol agreement Eurocontrol is to collect a charge in respect of the specification and publication of the amount of the charge and its recovery.
2 In specifying the amount of the charge the CAA may include an amount in respect of the specification and publication of the amount of the charge and its recovery.
3 References to an amount include references to a method of calculating an amount.

I6179  Further duties of the CAA.

1 The CAA—
a must exercise its powers under section 73 if it thinks it should do so in order for international agreements to which the United Kingdom is a party to be fulfilled, and
b in exercising those powers must act in the manner it thinks best calculated to take account of those agreements.
2 The CAA must exercise its powers under section 73 in relation to services falling within section 77(2)(b) if it thinks it should do so in order to enable the provider of the services to be paid for their provision.

I6280  Secretary of State’s duties.

1 If information is given to the Secretary of State by the CAA concerning the charges the CAA would like to be paid in respect of chargeable air services which fall within section 77(2)(d), he must (so far as practicable) ensure that the information is given to Eurocontrol.
2 If information is given to the Secretary of State by a licence holder concerning the charges it would like to be paid in respect of chargeable air services which it provides and which fall within section 77(2)(e), he must (so far as practicable) ensure that the information is given to Eurocontrol.
3 But subsection (2) does not apply if the CAA tells the Secretary of State that giving the information to Eurocontrol could result in the licence holder being paid charges whose calculation was in contravention of the provisions of the licence.
4 If money is received by the government of the United Kingdom from Eurocontrol in respect of a chargeable air service falling within section 77(2)(d) or (e), the Secretary of State must (so far as practicable) ensure that the money is paid to the person who provided the service.
5 If money falls to be paid by Eurocontrol in respect of a chargeable air service falling within section 77(2)(d) or (e), the Secretary of State must (so far as practicable) ensure that the money falls to be paid by Eurocontrol to the person who provided the service.
6 The reference to money being received by the government of the United Kingdom is to money being received by a person on behalf of that government.

Miscellaneous

I6381  Records.

1 The Secretary of State may make regulations in order to facilitate the assessment and collection of charges payable by virtue of section 73.
2 The regulations may require operators or owners of aircraft or managers of aerodromes—
a to make such records of the movements of aircraft, and of such other particulars relating to aircraft, as are specified;
b to preserve the records for a specified period;
c to produce relevant records for inspection by specified persons at specified times;
d to provide specified particulars of relevant records to specified persons.
3 Relevant records are records required to be preserved by the operators, owners or managers by the regulations or an Air Navigation Order.
4 The persons who may be specified under subsection (2)(c) or (d) are—
a in the case of charges payable to Eurocontrol, officers of the CAA or of Eurocontrol;
b in the case of other charges, officers of the CAA or of the organisation, government or other person to whom the charges are payable.
5 The requirements may be imposed on the operator or owner of an aircraft whether or not—
a it is registered in the United Kingdom;
b it is in the United Kingdom when the services concerned are provided;
c the services concerned are provided from a place in the United Kingdom.
6 A record includes (in addition to a record in writing)—
a a disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);
b a film, tape or other device in which visual images are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);
c a photograph.
7 An Air Navigation Order is an Order in Council under section 60 of the M16Civil Aviation Act 1982.
8 In subsection (4)—
a a reference to officers of the CAA includes a reference to persons authorised to act as such officers;
b a reference to officers of Eurocontrol includes a reference to persons authorised to act as such officers.

I6482  Offences.

1 A person commits an offence if without reasonable excuse he fails to comply with a requirement of regulations made under section 81.
2 A person commits an offence if he is in possession of information provided to him or obtained by him under regulations made under section 81 and he discloses the information otherwise than—
a with the consent of the person by whom it was provided or from whom it was obtained,
b for the purposes of the regulations,
c for the purposes of any proceedings arising out of this Chapter,
d for the purposes of any criminal proceedings (however arising),
e for the purposes of any proceedings brought by virtue of paragraph 3 of Schedule 4 to the M17Civil Aviation Act 1982 (claims against Eurocontrol),
f for the purposes of a public inquiry or investigation held or carried out under regulations made under section 75 of the M18Civil Aviation Act 1982, or
g for the purposes of a report of any proceedings, inquiry or investigation mentioned above.
3 A person commits an offence if in providing particulars under a provision contained in regulations by virtue of section 81(2)(d)—
a he provides particulars which he knows are false in a material particular, or
b he recklessly provides particulars which are false in a material particular.
4 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5 A person who commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.
6 A person who commits an offence under subsection (3) is liable—
a on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 3 months or to both;
b on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.

I6583  Detention and sale.

1 The Secretary of State may make regulations containing—
a provision which, in the case of default by an operator in paying a charge payable by virtue of section 73, authorises the detention (pending payment) of any aircraft falling within subsection (2);
b provision which, in the case of default by an operator in complying with a requirement imposed by regulations made under section 81 to produce records for inspection or provide particulars of records, authorises the detention (pending compliance) of any aircraft of which he is the operator when detention begins;
c provision which authorises the sale of any detained aircraft if the default is not remedied within a specified period.
2 These aircraft fall within this subsection—
a the aircraft in respect of which the charge was incurred (whether or not the person who is the operator of the aircraft when detention begins is the defaulter);
b any aircraft of which the defaulter is the operator when detention begins.
3 Regulations under subsection (1) may—
a provide that detention (or continued detention) is authorised only in specified circumstances or at specified places;
b provide that in specified circumstances detention is authorised only if a specified person consents;
c provide that sale is authorised only in specified circumstances (which may relate to the court’s consent, to be given only in specified circumstances);
d specify the descriptions of person authorised to detain or sell aircraft;
e provide for the power of detention or sale to extend to other matters (such as the aircraft’s equipment);
f provide for the application of the proceeds of sale;
g provide for them to be applied in a specified order;
h make provision corresponding to any provision made by or under section 88 of the M19Civil Aviation Act 1982 (detention and sale of aircraft for unpaid airport charges);
i generally make such provision as the Secretary of State thinks is necessary or expedient to secure detention or sale.

Interpretation

I6684  Interpretation.

1 This section applies for the purposes of this Chapter.
2 Eurocontrol has the meaning given by section 24 of the M20Civil M21 Aviation Act 1982.
3 The Eurocontrol agreement is the multilateral agreement relating to route charges signed at Brussels on 12 February 1981 or any agreement replacing it.
4 An aerodrome is an aerodrome as defined in section 105(1) of the Civil Aviation Act 1982; and a manager of an aerodrome is a person who is in charge of it or holds a licence granted in respect of it by virtue of section 60 of that Act (Chicago Convention, regulation of air navigation etc).
5 “Licence holder” has the meaning given by section 40.

Chapter V  Competition

I6785  Interpretation of Chapter V.

1 For the purposes of this Chapter—
a the 2002 Act is the Enterprise Act 2002;
b the 1998 Act is the M22Competition Act 1998;
c the CMA is the Competition and Markets Authority.
2 For the purposes of this Chapter these expressions have the meanings given by section 40—
a aerodrome;
b licence;
c licence holder.
3 If an expression is used in this Chapter and also in F606... the 1998 Act it has the same meaning in this Chapter as it has in the 1998 Act.

I6886  Functions exercisable by CAA and CMA

1 The functions to which subsections (2) and (3) apply shall be concurrent functions of the CAA and the CMA.
2 This subsection applies to the CMA’s functions under Part 4 of the 2002 Act (other than sections 166 , 167C , 171 and 174E) so far as those functions—
a are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
b relate to the supply of air traffic services.
3 This subsection applies to the CMA’s functions under the provisions of Part 1 of the 1998 Act (other than sections 31D(1) to (6),, 35C, 38(1) to (6) , 40B(1) to (4) and 51), so far as relating to—
a agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,
b conduct of the kind mentioned in section 18(1) of that Act, or
c transferred EU anti-trust commitments or transferred EU anti-trust directions,
which relate to the supply of air traffic services.
4 References to the CMA in—
a Part 4 of the 2002 Act (except for sections 166 , 167C , 171 and 174E but including provisions of that Act applied by that Part), and
b Part I of the 1998 Act (except in sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4), 51, 52(6) and (8) and 54 but including references in provisions of the Enterprise Act 2002 applied by that Part),
must be read as including references to the CAA.
4A References to section 5 of the 2002 Act in Part 4 of that Act must be read as including a reference to section 91(1) of this Act.
5 But F194...—
a subsections (4) and (4A) apply only so far as they are consequential on subsections (1) to (3) above, and
b subsection (4) applies only if the context does not otherwise require.
5A Section 130A of the 2002 Act is to have effect in its application in relation to the CAA by virtue of subsections (1) and (2)—
a as if for subsection (1) of that section there were substituted—
, and
b as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “the supply of air traffic services (within the meaning given by section 98 of the Transport Act 2000)”.
6 If a question arises as to whether subsections (1) to (3) above apply to a particular case the question must be referred to and determined by the Secretary of State.
7 No objection may be taken to anything done by or in relation to the CAA—
a Part 4 of the 2002 Act, or
b under Part I of the 1998 Act (except under section 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4) or 51),
on the ground that it should have been done by or in relation to the CMA.
8 In making any decision, or otherwise taking action, for the purposes of any of its functions that—
a by virtue of this section, are functions exercisable concurrently with the CMA, and
b in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,
the CAA must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

I6987  CAA’s 2002 Act functions.

1 For the purposes of this section the CAA’s 2002 Act functions are the functions mentioned in subsection (2) of section 86 which, by virtue of that section, are functions of the CAA.
2 The CAA must exercise its 2002 Act functions so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (3) to (6).
3 The CAA must exercise its 2002 Act functions in the manner it thinks best calculated—
a to further the interests of operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them;
b to promote efficiency and economy on the part of suppliers of air traffic services;
c to secure that suppliers of air traffic services who are licence holders will not find it unduly difficult to finance activities authorised by their licences;
d to take account of any international obligations of the United Kingdom notified to the CAA by the Secretary of State (whatever the time or purpose of the notification);
e to take account of any guidance on environmental objectives given to the CAA by the Secretary of State after the coming into force of this section.
4 The only interests to be considered under subsection (3)(a) are interests regarding the range, availability, continuity, cost and quality of air traffic services.
5 The reference in subsection (3)(a) to furthering interests includes a reference to furthering them (where the CAA thinks it appropriate) by promoting competition in the provision of air traffic services.
6 If in a particular case there is a conflict in the application of the provisions of subsections (3) to (5), in relation to that case the CAA must apply them in the manner it thinks is reasonable having regard to them as a whole.
7 The CAA must exercise its 2002 Act functions so as to impose on suppliers of air traffic services the minimum restrictions which are consistent with the exercise of those functions.
8 Section 4 of the M23Civil Aviation Act 1982 (CAA’s general objectives) does not apply in relation to the performance by the CAA of its 2002 Act functions.

I7088  CAA’s 1998 Act functions.

1 For the purposes of this section the CAA’s 1998 Act functions are the functions mentioned in subsection (3) of section 86 which, by virtue of that section, are functions of the CAA.
2 In exercising its 1998 Act functions the CAA may (in particular) have regard to any matter which satisfies the following condition.
3 The condition is that the matter is one to which, by virtue of section 87, the CAA must have regard in exercising its 2002 Act functions (within the meaning of that section).

I7189  Carrying out functions.

1 For the purposes of this section the 2002 Act functions are the functions mentioned in subsection (2) of section 86 which, by virtue of that section, are concurrent functions of the CAA and the CMA.
2 Before the CMA or the CAA first carries out the 2002 Act functions in relation to a matter it must consult the other.
3 If the CMA or the CAA has carried out the 2002 Act functions in relation to a matter the other must not carry out the 2002 Act functions in relation to the matter.
4 If in carrying out the 2002 Act functions the CAA makes a market investigation reference (under section 131 of the 2002 Act), to help the CMA group (constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013) which is to conduct the investigation on the reference the CAA must give to it—
a any information the CAA has which relates to matters within the scope of the investigation and which the CMA group requests;
b any information the CAA has which relates to matters within the scope of the investigation and which the CAA thinks it would be appropriate for it to give without a request;
c any other help which the CAA is able to give in relation to matters within the scope of the investigation and which the CMA group requests.
5 In carrying out the investigation concerned the CMA group must take account of any information given under subsection (4).

Chapter VI  Miscellaneous and general

Miscellaneous

I7290  Publication of information and advice.

1 The CAA may publish information and advice which it thinks it is expedient to give to—
a operators and owners of aircraft;
b owners and managers of aerodromes;
c persons travelling in aircraft and persons with rights in property carried in them.
2 The CAA may instead arrange for the publication of such information and advice.
3 Publication under this section is to be in the form and manner the CAA thinks appropriate.
4 So far as practicable the CAA must secure the exclusion of any matter relating to the affairs of a person if the CAA thinks its publication would or might seriously and prejudicially affect the person’s interests.
5 But subsection (4) does not apply if the CAA thinks publication of the matter would be in the public interest.
6 The Competition and Markets Authority must consult the CAA before publishing under section 6 of the Enterprise Act 2002 any information or advice which may be published under this section.
7 An aerodrome is an aerodrome as defined by section 105(1) of the M24Civil Aviation Act 1982; and a manager of an aerodrome is a person who is in charge of it or holds a licence granted in respect of it by virtue of section 60 of that Act (Chicago Convention, regulation of air navigation etc).
F4128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I7391  Review and information.

1 So far as it appears to the CAA practicable to do so with a view to facilitating the exercise of its functions under this Part, it must—
a keep under review the provision (in the United Kingdom and elsewhere) of air traffic services;
b collect information about the provision (in the United Kingdom and elsewhere) of those services.
2 The Secretary of State may give directions indicating considerations to which the CAA is to have particular regard in deciding the order of priority in which matters are to be reviewed in performing its duty under subsection (1)(a).
3 If the CAA thinks it expedient or it is asked by the Secretary of State or the Competition and Markets Authority to do so, it must provide information, advice and help to the Secretary of State or the Competition and Markets Authority regarding any matter in respect of which the CAA has a function under this Part.
4 The CAA may recover from the Secretary of State or the Competition and Markets Authority a sum equal to any expense reasonably incurred by it in providing anything to the person concerned under subsection (3).
F4625 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I7492  Secretary of State’s directions to CAA.

The Secretary of State may give directions indicating considerations to which the CAA is to have particular regard in deciding whether and how to exercise its functions under this Part.

I7593  Control in time of hostilities etc.

1 The Secretary of State may—
a give directions to any listed person in any time of actual or imminent hostilities or of severe international tension or of great national emergency;
b give directions to any listed person requiring him to participate in the planning of steps which might be taken in any time of actual or imminent hostilities or of severe international tension or of great national emergency.
2 The listed persons are—
a the CAA or a person (other than the CAA) appointed by regulations under section 16 of the Space Industry Act 2018;
b a person who provides air traffic services or range control services;
c a person who operates a United Kingdom air transport undertaking or carries out spaceflight activities;
d a person who operates an airport or a spaceport;
e a person who owns or operates a relevant asset.
3 The power under subsection (1)(a) includes—
a in the case of a person within subsection (2)(a), power to direct it to carry out its functions in a specified manner or for specified purposes;
b in the case of a person who provides air traffic services or range control services, power to direct him to do so in a specified manner or for specified purposes;
c in the case of a person who owns a relevant asset, power to direct him to permit the use of the asset or to exercise his rights over it in a specified manner or for specified purposes;
d in the case of a person who operates a relevant asset, power to direct him to exercise his powers of management over the asset in a specified manner or for a specified purpose.
4 The power under subsection (1)(a) includes power to give directions designed—
a to regulate or prohibit (absolutely or subject to conditions) the navigation of all or any descriptions of aircraft or spacecraft over the United Kingdom or over part of it or over any area of sea;
b to regulate or prohibit (absolutely or subject to conditions) the use, building, maintenance or establishment of aerodromes , flying schools or spaceports or of any description of aerodrome , flying school or spaceport;
c to secure that relevant assets are taken into the Secretary of State’s possession for use by or for the purposes of the armed forces of the Crown.
5 In so far as a direction under this section conflicts with the requirements of an order under section 94, the direction is to be disregarded.
6 In so far as a direction under this section conflicts—
a with the requirements of an enactment or instrument other than an order under section 94, or
b with any duty which arises otherwise than under an enactment or instrument,
the requirements are or the duty is to be disregarded.
7 A person directed under this section commits an offence if without reasonable excuse he contravenes or fails to comply with the direction.
8 A person who commits an offence under subsection (7) is liable—
a on summary conviction, to a fine not exceeding the statutory maximum;
b on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
9 A person (other than a person within subsection (2)(a)) who suffers direct injury or loss arising from compliance with a direction under subsection (1)(a) is entitled to receive compensation from the Secretary of State.
10 The compensation must be of an amount agreed by the person and the Secretary of State or (in default of agreement) of an amount decided by—
a an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),
b an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or
c an arbitrator appointed by the Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland (if the proceedings are to be held in Northern Ireland).

I7694  Orders for possession of aerodromes etc.

1 This section applies in any time of actual or imminent hostilities or of severe international tension or of great national emergency.
2 The Secretary of State may by order provide for—
a any aerodrome or spaceport, and
b any aircraft or spacecraft, machinery, plant, material or thing found in or on any aerodrome or spaceport,
to be taken into his possession and used by or for the purposes of the armed forces of the Crown.
3 An order under this section may, for the purpose of securing compliance with the provisions of the order—
a provide for the detention of aircraft or spacecraft;
b make such other provision as appears to the Secretary of State to be necessary or expedient for securing such detention.
4 A person must comply with an order under this section notwithstanding any other duty, however arising.
5 An order under this section may, for the purpose of securing compliance with the provisions of the order, provide for—
a persons to be guilty of offences in such circumstances as may be specified in the order;
b persons to be liable on conviction of those offences to such penalties as may be so specified.
6 The power under subsection (5) does not include power—
a to provide for offences to be triable only on indictment;
b to authorise the imposition, on summary conviction of an offence, of any term of imprisonment or of a fine exceeding the statutory maximum;
c to authorise the imposition, on conviction on indictment of an offence, of a term of imprisonment exceeding two years.
7 Any person who suffers direct injury or loss arising from compliance with an order under this section is entitled to receive compensation from the Secretary of State.
8 The compensation must be of an amount agreed by the person and the Secretary of State or (in default of agreement) of an amount decided by—
a an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),
b an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or
c an arbitrator appointed by the Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland (if the proceedings are to be held in Northern Ireland).

I7795  Sections 93 and 94: interpretation.

1 This section defines these expressions (here listed alphabetically) for the purposes of sections 93 and 94 and this section—
a aerodrome;
b airport, and its operator;
c great national emergency;
ca range control services;
d relevant asset, and a person who owns or operates it;
da spacecraft;
db spaceflight activities;
dc spaceport;
e United Kingdom air transport undertaking.
2 A great national emergency is a natural disaster or other emergency which the Secretary of State thinks is or may be likely to give rise to such disruption of the means of transport that the population, or a substantial part of the population, of the United Kingdom is or may be likely to be deprived of essential goods or services.
3 An aerodrome is an aerodrome as defined in section 105(1) of the M25Civil Aviation Act 1982.
4 An airport is the aggregate of the land, buildings and works comprised in an aerodrome; and a person operates an airport if he manages it.
5 A United Kingdom air transport undertaking is an undertaking which appears to the Secretary of State to have its principal place of business in the United Kingdom and which includes the provision of services for the carriage by air of passengers or cargo for hire or reward.
6 A relevant asset is any—
a aerodrome or spaceport,
b property used in connection with the operation of an aerodrome or spaceport,
c aircraft or spacecraft, or
d property used in connection with the provision of air traffic services or range control services.
7 An owner of a relevant asset is a person—
a who owns it or has a right over or interest in it, and
b whose consent is needed for its use by any other person.
8 An operator of a relevant asset is a person who manages it.
9 The following expressions have the same meaning as in the Space Industry Act 2018—
  • range control services (see section 6 of that Act);
  • spacecraft (see section 2(6) of that Act);
  • spaceflight activities (see section 1(4) to (6) of that Act);
  • spaceport (see section 3(2) and (3) of that Act).

I7896  Civil Aviation Authority Pension Scheme.

1 The Secretary of State may by order make provision for the allocation of assets, rights, liabilities or obligations between different sections of the Civil Aviation Authority Pension Scheme.
2 An order under this section may include provision for or in connection with—
a securing that the Scheme continues to be approved for the purposes of the relevant enactments;
b the amendment of the Scheme;
c the manner in which questions arising under the order are to be determined.
3 The reference in subsection (2) to the amendment of the Scheme includes a reference to the amendment of—
a the trust deed of the Scheme;
b the rules of the Scheme;
c any other instrument relating to the constitution, management or operation of the Scheme.
4 An order under this section may be made so as to have effect from a date falling before the making of the order.
5 In making an order under this section the Secretary of State must secure that each person falling within subsection (6) is overall in materially at least as good a position, as respects pension arrangements, as a result of the order.
6 A person falls within this subsection if—
a he is or has at any time been a contributing member of the Scheme, or
b he is or may become entitled to benefits in respect of a person falling within paragraph (a).
7 A contributing member of the Scheme is a member who makes, and whose employer makes in respect of him, contributions under the Scheme.
8 The relevant enactments are—
a Chapter I of Part XIV of the M26Income and Corporation Taxes Act 1988 (retirement benefit schemes);
b Part III of the M27Pension Schemes Act 1993, so far as relating to occupational pension schemes.

I7997  Amendments.

Schedule 8 contains amendments.

General interpretation

I8098  Air traffic services.

1 For the purposes of this Part these are air traffic services—
a providing instructions, information or advice with a view to preventing aircraft colliding with other aircraft or with other obstructions (whether in the air or on the ground);
b providing instructions, information or advice with a view to securing safe and efficient flying;
c managing the flow of air traffic with a view to ensuring the most efficient use of airspace;
d providing facilities for communicating with aircraft and for the navigation and surveillance of aircraft;
e notifying organisations of aircraft needing search and rescue facilities, and assisting organisations to provide such facilities.
f making an airspace change proposal to the CAA, or developing such a proposal with a view to making it to the CAA.
1A In paragraph (1)(f), “airspace change proposal” means a proposal—
a to change—
i airspace structures within the London, Scottish or Shanwick Oceanic flight information regions, or
ii the flight procedures to be followed in those regions or any part of them, and
b which is of a type that the CAA is required to develop procedures for dealing with by directions given under section 66 of this Act (air navigation: directions).
2 The Secretary of State may by order amend the meaning of air traffic services for the purposes of this Part.

I8199  The CAA.

For the purposes of this Part the CAA is the Civil Aviation Authority.

Other general provisions

I82100  Service of documents.

1 A document required or authorised by virtue of this Part to be served on a person may be served—
a by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;
b if the person is a body corporate, by serving it in accordance with paragraph (a) on the secretary of the body;
c if the person is a partnership, by serving it in accordance with paragraph (a) on a partner or a person having the control or management of the partnership business.
2 For the purposes of this section and section 7 of the M28Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person on whom a document is to be served is his last known address, except that—
a in the case of service on a body corporate or its secretary, it is the address of the registered or principal office of the body;
b in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it is the address of the principal office of the partnership.
3 For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
4 Subsection (5) applies if a person to be served under this Part with a document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document.
5 In relation to that document that address must be treated as his proper address for the purposes of this section and section 7 of the M29Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2).
6 This section does not apply to a document if rules of court make provision about its service.
7 In this section references to serving include references to similar expressions (such as giving or sending).

I83101  Making of false statements etc.

1 A person commits an offence if in giving information or making an application in relevant circumstances—
a he makes a statement which he knows to be false in a material particular, or
b he recklessly makes a statement which is false in a material particular.
2 A person gives information or makes an application in relevant circumstances if he gives or makes it in pursuance of—
a a provision contained in or made under this Part, or
b a direction given, notice served or other thing done in pursuance of such a provision.
3 A person who commits an offence under this section is liable—
a on summary conviction, to a fine not exceeding the statutory maximum;
b on conviction on indictment, to a fine.
4 No proceedings may be started in England and Wales for an offence under this section except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
5 No proceedings may be started in Northern Ireland for an offence under this section except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.

I84102  Disclosure of information.

Schedule 9 contains provision about the disclosure of information.

I85103  Orders and regulations.

1 A power to make an Order in Council or an order or regulations under this Part may be exercised differently in relation to different cases or descriptions of case.
2 An Order in Council or an order or regulations under this Part may include such supplementary, incidental, consequential or transitional provisions as the person exercising the power thinks are necessary or expedient.
3 A power to make an order or regulations under this Part is exercisable by statutory instrument.
4 In subsections (1) and (3) references to a power to make an order are to a power of the Secretary of State; and in subsection (2) the reference to an order is to an order made by the Secretary of State.
5 A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains an order or regulations made by the Secretary of State under any provision of this Part other than section 11, 19A, 40A, 51 or 94 , paragraph 14 of Schedule B1 or paragraph 2 of Schedule C1 .
6 No order is to be made under section 51 , and no regulations are to be made under section 11, 19A or 40A, paragraph 14 of Schedule B1 or paragraph 2 of Schedule C1, unless a draft has been laid before and approved by resolution of each House of Parliament.
7 The power to make an order under section 4 is exercisable only after consultation with the CAA, unless the exemption needs to be granted before the coming into force of section 3.
8 The power to make an order under section 98 is exercisable only after consultation with the CAA.
9 The power to make regulations under section 6 or 11 is exercisable only after consultation with the CAA.
10 The power to make an order under section 57 is exercisable only with the Treasury’s consent.
11 The power to make an order under section 77(5) is exercisable only after consultation with the CAA and holders of licences under Chapter I.
12 The power to make an order under section 96 is exercisable only after consultation with the trustees of the Civil Aviation Pension Scheme.
13 If apart from this subsection a draft of an order under section 51 would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

I86104  Directions.

1 A person to whom a direction is given under this Part must give effect to the direction.
2 A direction under a provision of this Part may be varied or revoked by a direction under the same provision.
2A But subsection (2) does not apply in the case of—
a a direction given by the Competition and Markets Authority under section 19C;
b a direction given by that Authority under paragraph 8 of Schedule A1 (see instead paragraph 8(4) of that Schedule);
c a direction given by the Competition Appeal Tribunal under paragraph 20 of Schedule B1;
d a direction given by that Tribunal under paragraph 8 of Schedule C1.
3 A direction under this Part must be in writing.

I87105  Crown application.

1 The provisions mentioned in subsection (2) bind the Crown.
2 The provisions are—
a section 3;
b sections 26 to 30 and 33;
c sections 41, 42, 44, 45 and 60;
d Chapter V, to the extent that it applies or modifies the operation of provisions of the M30Competition Act 1998;
e sections 93 to 95;
f section 104, so far as relating to other provisions of this Part which bind the Crown;
g Schedule 1, to the extent that it applies, amends or modifies the operation of provisions of the M31Insolvency Act 1986 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of section 434 of that Act;
h Schedule 2;
i Schedule 3, to the extent that it applies, amends or modifies the operation of provisions of the M32Insolvency (Northern Ireland) Order 1989 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of Article 378 of that Order;
j Schedule 6.
3 Her Majesty may by Order in Council apply, with or without modification, any of the provisions mentioned in subsection (4) to any aircraft belonging to or exclusively employed in the service of Her Majesty.
4 The provisions are—
a Chapter IV (except section 82);
b any order or regulations under any provision mentioned in paragraph (a).
5 This section (except so far as it relates to Chapter V) has effect subject to section 106; and, so far as it relates to Chapter V, it has effect subject to section 73 of the M33Competition Act 1998.

I88106  The Crown: other provisions.

1 No contravention by the Crown of a provision contained in or made under this Part shall make the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.
2 Notwithstanding subsection (1), the provisions contained in or made under section 3(1), 93(7) or 94(5) apply to persons in the public service of the Crown as they apply to other persons.
3 However, section 3(1) does not apply if the services there mentioned are provided by or on behalf of the armed forces of the Crown; and the person to whom and aircraft for which the services are provided are immaterial.
4 Nothing in section 105 or this section affects Her Majesty in her private capacity; and this subsection must be construed as if section 38(3) of the M34Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act.

I89107  Extension outside United Kingdom.

1 Her Majesty may by Order in Council direct that any of the provisions listed in subsection (2) is to extend to any relevant overseas territory specified in the Order, with the modifications (if any) so specified.
2 The provisions are—
a Chapter I;
b Chapter II;
c Chapter III;
d Chapter IV;
e sections 90 to 104 and Schedules 8 and 9;
f section 273 so far as it relates to offences under this Part.
3 These are relevant overseas territories—
a any of the Channel Islands;
b the Isle of Man;
c any colony.
4 In this section “modifications” includes additions, omissions and other alterations.

C117C80C66C116C103C93C16C40C48C25C39C50C6C65C90C18C109C124C125C123C126 Part II  Local transport

Local transport plans and bus strategies

I90C14C44C46C48C107C25C119C52C67C109C122C133C134C138108 C48C25C39C50C6C65C90 Local transport plans.

1 Each local transport authority must—
C69C74C8C7a develop policies for the promotion and encouragement of safe, integrated, efficient and economic transport F436... to, from and within their area, and
C70b carry out their functions so as to implement those policies.
2 In subsection (1), “transport” means —
a the transport required to meet the needs of persons living or working in the authority’s area, or visiting or travelling through that area, and
b the transport required for the transportation of freight;
andincludes facilities and services for pedestrians.
C702ZA Each local transport authority whose area is in England must—
a in developing policies in accordance with subsection (1)(a), and
b in carrying out their functions in accordance with subsection (1)(b),
comply with the duties set out in subsection (2ZB).
2ZB The duties are—
a to take into account any policies announced by Her Majesty's government, and
b to have regard to any guidance issued for the purposes of this paragraph by the Secretary of State,
with respect to mitigation of, or adaptation to, climate change or otherwise with respect to the protection or improvement of the environment.
2ZC The power to issue guidance under subsection (2ZB)(b) does not affect the generality of the power to issue guidance under section 112(1).
2A Each local transport authority whose area is in Wales must also—
C36C9C53C101a develop policies for the implementation in their area of the Wales Transport Strategy, and
b carry out their functions so as to implement those policies.
3 Each local transport authority whose area is in England must prepare a document to be known as (or two or more documents to be known together as) the local transport plan containing—
a their policies under subsection (1)(a);
b their proposals for the implementation of those policies.
3A Each local transport authority whose area is in Wales must prepare a document to be known as the local transport plan containing—
a their policies under subsection (1)(a), and
b their policies under subsection (2A).
C703B A local transport authority whose area is in England must, in complying with the duty under subsection (1)(b), have regard to the proposals contained in their plan.
4 In this Part “local transport authority” means—
a a county council in England,
b a council of a non-metropolitan district in England comprised in an area for which there is no county council,
c an Integrated Transport Authority for an integrated transport area in England,
ca a combined authority,
cb a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, or
d a county council or county borough council in Wales.
5 In this Part “local transport policies” means policies developed under subsection (1)(a).

I91C99C52C57C109C122C131C132C137109 C48C25C39C90Further provision about plans: England

1 A local transport authority whose area is in England must keep their local transport plan under review and alter it if they consider it appropriate to do so.
2 The authority may replace their plan as they think fit.
2A In preparing their local transport plan, and in keeping it under review, an authority other than an Integrated Transport Authority , a combined authority or a combined county authority must consult—
a the Secretary of State in relation to functions which the Secretary of State has—
i as highway authority by virtue of section 1 of the Highways Act 1980, or
ii as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984,
b if the local transport authority is a county council, the councils of the districts in the county (if any).
2B In preparing their local transport plan, and in keeping it under review, an Integrated Transport Authority , a combined authority or a combined county authority must consult—
a each local traffic authority (within the meaning of the Road Traffic Regulation Act 1984) for any area within the integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority or combined county authority,
b the Secretary of State in relation to functions which the Secretary of State has—
i as highway authority by virtue of section 1 of the Highways Act 1980, or
ii as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984,
c each county council and each district council for any area within the integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority or combined county authority.
2C In preparing their local transport plan, and in keeping it under review, the authority must consult such of the following persons as they consider appropriate—
a operators of any network or station, or of any railway services, in their area;
b operators or providers of other transport services in their area, or organisations appearing to the authority to be representative of the interests of such persons;
c organisations appearing to the authority to be representative of the interests of users of transport services and facilities in their area;
and must also consult any other persons whom they consider appropriate.
2D Any expression which is used in subsection (2C)(a) or (b) and in Part 1 of the Railways Act 1993 has the meaning given in that Part, taking “railway” to have its wider meaning (see section 81 of that Act).
3 As soon as practicable after any occasion when they prepare a new plan or alter their plan, the authority must—
a publish the plan or the plan as altered in such manner as they think fit, and
b send a copy of it to the Secretary of State F268... and to such other persons (if any) as may be specified in guidance under section 112(1).
C874 The authority must also—
a cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit,
b give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and
c supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.
F845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F846 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C113109A C48C25C39C90Approval of plans: Wales

1 A local transport authority whose area is in Wales must submit their local transport plan to the National Assembly for Wales for its approval.
2 If the Assembly refuses to approve a plan submitted to it by a local transport authority under this section—
a the Assembly must give the local transport authority a statement of the reasons for its refusal, and
b the authority must prepare another local transport plan and submit the plan to the Assembly for its approval.
3 If the Assembly approves a local transport plan under this section, the plan has effect when the approval is given.
4 The Assembly may approve a local transport plan under this section if (but only if) it considers—
a that the plan is consistent with the Wales Transport Strategy, and
b that the policies contained in the plan are adequate for the implementation in the authority's area of the Strategy.
F3185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

109B C48C25C39C90Further provision about plans: Wales

1 A local transport authority whose area is in Wales must keep their local transport plan under review and alter it if they consider it appropriate to do so.
2 The authority must in particular review the plan as soon as practicable after the publication of the Wales Transport Strategy or any revision of it.
3 The authority must replace their local transport plan not later than five years after the date on which the plan was approved under section 109A.
4 Section 109A applies to a replacement plan and a plan as altered as it applies to a plan as originally prepared.
5 A local transport authority whose area is in Wales shall be taken to have complied with subsection (3) if (but only if)—
a the authority submit their replacement plan to the National Assembly for Wales for approval under section 109A before the end of the five year period mentioned in subsection (3), and
b the Assembly approves the plan under section 109A (whether the approval is given before or after the end of that five year period).
6 If an authority fail to comply with subsection (3) because they fail to submit their replacement plan to the Assembly for approval under section 109A before the end of the five year period mentioned in that subsection, the authority must replace their local transport plan as soon as practicable after the expiry of the five year period.
7 If an authority fail to comply with subsection (3) because the Assembly refuses to approve a plan submitted to it under section 109A, the authority must replace their local transport plan as soon as practicable after the refusal.
8 As soon as practicable after their plan, or their plan as altered, has been approved under section 109A, a local transport authority whose area is in Wales must—
a publish the plan or the plan as altered in such manner as they think fit, and
b send a copy of it to such persons (if any) as may be specified in guidance under section 112(1).
9 The authority must also—
a cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit,
b give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and
c supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

109C C48C25C39C90Transitional provisions: Wales

1 Where a local transport authority whose area is in Wales have, before 1st August 2001, prepared and published a document which—
a contains policies developed by them for the purposes described in section 108(1)(a), and
b was prepared and published in accordance with guidance issued by the National Assembly for Wales,
that document shall be taken to be the authority's local transport plan.
2 But, in the case of a document which is a local transport plan by virtue of subsection (1), section 109B(3) requires its replacement not later than such date as is specified in an order made by the National Assembly for Wales (rather than not later than five years after the date on which it was approved under section 109A).
3 For the purposes of section 109B(3), a local transport plan made before the coming into force of section 109A by a local transport authority whose area is in Wales shall be taken to have been approved under section 109A on the date on which it was made.

F93110 C48C25C39C90 Bus strategies.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F748111 C48C25C39C90 Consultation and publicity about bus strategies.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I92C37C21C85C109C121C136C135C139112 C48C25C39C90 Plans and strategies: supplementary.

1 In carrying out their functions under sections 108 to 109B, a local transport authority must have regard to any guidance concerning—
a the content of local transport plans F120...,
b the preparation of such plans F120...,
c the alteration and replacement of such plans F120..., and
d the publication and making available of such plans F120... as originally made and as altered or replaced,
which is issued from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).
2 In developing and implementing their policies under section 108(1) F92..., a local transport authority must have regard to the transport needs of disabled persons (within the meaning of the Equality Act 2010) and of persons who are elderly or have mobility problems.

I93C21C23C109C121113 C48C25C39C90 Role of metropolitan district councils.

F3831 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The duties imposed on an Integrated Transport Authority for an integrated transport area or a combined authority or a combined county authority for an area by—
a section 108(1)(b), (2ZA) and (3B), and
b section 109(4),
are also duties of each of the councils for the metropolitan districts comprised in the area, subject to the modifications set out in subsection (2A).
2A The modifications are—
a in section 108(1)(b), the reference to “those policies” is a reference to the policies developed by the Integrated Transport Authority or (as the case may be) the combined authority or combined county authority for that area;
b in section 108(3B), the reference to “their plan” is a reference to the local transport plan of the Integrated Transport Authority or (as the case may be) the combined authority or combined county authority for that area;
c in section 109(4), the reference to “their local transport plan” is a reference to the local transport plan of the Integrated Transport Authority or (as the case may be) the combined authority or combined county authority for that area.
F6343 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C121113A C48C25C39C90Modification of provisions about plans and strategies: Wales

1 The National Assembly for Wales may by order modify the application of sections 108 to 109B in relation to local transport authorities whose areas are in Wales for the purpose of—
a permitting a local transport plan to be prepared in respect of part only of an authority's area;
b permitting a local transport plan to be prepared by two or more authorities jointly in respect of an area comprising all or any part or parts of their areas.
2 An order under subsection (1) made for the purpose mentioned in subsection (1)(b) may in particular include provision for—
a the plan to be prepared by one of the authorities concerned on behalf of both or all of them;
b administrative arrangements, including the apportionment of the cost of preparing the plan between the authorities concerned.
3 Before making an order under subsection (1) the Assembly must consult the local transport authorities concerned and any other persons it considers appropriate.

C121113B C48C25C39C90Directions concerning plans and strategies: Wales

1 The National Assembly for Wales may issue to a local transport authority whose area is in Wales general or specific directions as to the manner in which they are to carry out their functions under sections 108 to 109B .
2 Directions issued by the Assembly under subsection (1) may include in particular directions—
a as to the timetable in accordance with which a local transport plan or alterations to a local transport plan must be prepared;
b as to the action required to be taken to implement the policies contained in a local transport plan;
c as to the steps required to be taken to remove the effects of action which is incompatible with those policies.
3 Directions under this section—
a must be in writing;
b may be varied or revoked by further directions under this section.
4 Before issuing, varying or revoking directions under this section the Assembly must consult the local transport authority concerned and any other persons it considers appropriate.

Bus network accessibility plans: England

113BA Bus network accessibility plans

1 A local transport authority whose area is in England must, before the end of the period of one year beginning with the day on which this section comes into force, publish a bus network accessibility plan in relation to the authority’s area.
2 A bus network accessibility plan must—
a identify what (if any) provision is made to assist persons with disabilities to travel on local services that have one or more stopping places in the authority’s area;
b set out the extent to which, in the authority’s opinion, the provision made in the authority’s area enables persons with disabilities to travel on such local services independently, and in safety and reasonable comfort;
c describe what (if any) further action the authority intends to take to enable persons with disabilities to travel on such local services independently, and in safety and reasonable comfort.
3 The authority must review the plan—
a if there is a substantial change to the provision of local services in the authority’s area, and
b in any event, at least once every three years.
4 The authority must alter the plan—
a following any review carried out as required by subsection (3)(a), or
b if the authority considers it appropriate to do so for any other reason.
5 The authority may replace the plan as they think fit.
6 In preparing and reviewing a bus network accessibility plan, a local transport authority must consult—
a persons operating local services in the authority’s area,
b such persons with disabilities who are users or prospective users of local services, or such organisations appearing to the authority to represent such persons, as they think fit, and
c any other persons whom the authority considers it appropriate to consult.
7 In this section “persons with disabilities” means persons who have a disability within the meaning given by section 6 of the Equality Act 2010.

Bus services: advanced quality partnership schemes

C43C121113C Advanced quality partnership schemes

1 A local transport authority whose area is in England, or two or more such authorities acting jointly, may make an advanced quality partnership scheme if they are satisfied that the scheme will contribute to the implementation of their local transport policies.
2 An advanced quality partnership scheme is—
a a scheme falling within subsection (3) or (4), or
b a scheme falling within both subsection (3) and subsection (4).
3 A scheme falls within this subsection if it is a scheme under which—
a the authority or authorities provide particular facilities in the whole or part of their area, or combined area, and
b operators of local services who wish to use those facilities must undertake to provide local services of a particular standard when using them.
4 A scheme falls within this subsection if it is a scheme under which—
a the authority or authorities take particular measures in relation to routes in the whole or part of their area, or combined area, that are served, or proposed to be served, by local services, and
b operators of local services who wish to provide local services with stopping places on those routes must undertake to provide local services of a particular standard when providing such local services on those routes.
5 A scheme may not be made unless the authority or authorities are satisfied that—
a the steps to be taken by the authority or authorities under the scheme, and
b the provision of local services of the standard or standards required by undertakings given under the scheme,
are likely to achieve one or more of the outcomes described in subsection (6) in relation to the whole or part of their area, or combined area.
6 The outcomes mentioned in subsection (5) are—
a an improvement in the quality of local services that benefits persons using those services;
b a reduction or limitation of traffic congestion, noise or air pollution;
c an increase in the use of local services or an end to, or a reduction in, a decline in the use of local services.
7 An advanced quality partnership scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 113G.
8 The power to make an advanced quality partnership scheme includes power to provide for—
a different facilities to be provided under the scheme,
b different measures to be taken under the scheme, or
c different standards of services to be provided under the scheme,
as from different dates after the scheme comes into operation.
9 An advanced quality partnership scheme must include a description of the authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working.
10 In carrying out their functions under this Part in relation to advanced quality partnership schemes, local transport authorities whose areas are in England must co-operate with one another.
11 In considering whether to make an advanced quality partnership scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.

C43C121113D Advanced quality partnership schemes: registration restrictions

1 If the authority or authorities making an advanced quality partnership scheme consider that it is necessary or expedient for any restrictions to be imposed on the registration of—
a any local services, or
b any local services of a particular description,
they may impose those restrictions (“registration restrictions”) by specifying or describing them in the scheme.
2 Any restrictions so imposed must be for the purpose of preventing or restricting—
a the provision of local services, or
b the variation or withdrawal of local services,
in cases where the authority or authorities consider that any such provision, or (as the case may be) variation or withdrawal, of services might be detrimental to the provision of services under the scheme.
3 Where a scheme includes any registration restrictions by virtue of subsection (1), it must also specify the criteria (“registration criteria”) by reference to which a traffic commissioner is to decide whether or not to accept an application for registration.
4 In this section “registration”, in relation to any service—
a means registration of prescribed particulars of the service under section 6 of the Transport Act 1985 (registration of local services), and
b includes a reference to the variation or cancellation of any such registration.

C43C121113E Advanced quality partnership schemes: facilities, measures and standards

1 The facilities which may be specified in an advanced quality partnership scheme—
a must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but
b may not be facilities which are required to be provided as a result of section 139 or 140.
2 The measures which may be specified in a scheme—
a must be measures taken for the purpose of—
i increasing the use of local services serving the routes to which the measures relate or ending or reducing a decline in the use of such services, or
ii improving the quality of local services serving the routes to which the measures relate, but
b may not include the provision of—
i facilities falling within subsection (1)(a), or
ii facilities which are required to be provided as a result of section 139 or 140.
3 The Secretary of State may by regulations make further provision about the measures which may or may not be specified in a scheme.
4 The standard of services which may be specified in a scheme includes—
a requirements which the vehicles being used to provide the services must meet, including requirements about emissions or types of fuel or power, and
b requirements as to frequency or timing of the services,
but the specification of any such requirements is not to prevent operators from providing services in excess of those requirements.
5 The standard of services which may be specified in a scheme may also include—
a requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the scheme applies,
b requirements as to the ways in which passengers may pay for journeys,
c requirements about providing information to the public about local services or particular descriptions of local services, and
d requirements as to the publicising of local services, fares or ticketing arrangements or particular descriptions of local services, fares or ticketing arrangements.
6 Requirements under subsection (5)(b), (c) and (d) may include requirements for operators of local services to co-operate with one another.
C637 A scheme may include a requirement falling within subsection (4)(b) or (5)(a) only if there are no admissible objections to the requirement from relevant operators.
C638 A scheme may include a requirement falling within subsection (4)(a) or (5)(b) that relates to an undertaking that would fall to be given under section 113C(4)(b) only if there are no admissible objections to the requirement from relevant operators.
9 Section 113N(3) to (8) makes further provision with respect to schemes which include the requirements referred to in subsections (7) and (8).

C43C121113F Advanced quality partnership schemes: traffic regulation orders

1 If the provision of any of the facilities or taking of any of the measures specified in an advanced quality partnership scheme requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State is the traffic authority), the scheme may not be made unless it is made by—
a the local transport authority or authorities, and
b the metropolitan district council for the district,
acting jointly.
2 If the provision of any of the facilities or taking of any of the measures specified in an advanced quality partnership scheme requires the making of a traffic regulation order in respect of a road for which the Secretary of State is the traffic authority, the scheme may not be made unless it is made by—
a the local transport authority or authorities, and
b the Secretary of State,
acting jointly.
3 Where subsection (1) or (2) applies so that a metropolitan district council or the Secretary of State is a maker of the scheme, then (subject to section 113M) the relevant references to the authority or authorities include (as well as the local transport authority or authorities)—
a the metropolitan district council, or
b the Secretary of State.
4 For the purpose of subsection (3) the relevant references are those in—
a section 113C(3), (4), (5)(a) and (7), and
b sections 113G to 113L,
and paragraph 27(2A) of Schedule 9 to the Road Traffic Regulation Act 1984.

C43C121113G Notice and consultation requirements

1 If an authority or authorities propose to make an advanced quality partnership scheme, they must give notice of the proposed scheme in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates.
2 The notice must either contain full details of—
a any facilities specified in the scheme,
b any measures specified in the scheme,
c the standards of services specified in the scheme,
d any registration restrictions and registration criteria specified in the scheme, and
e the plans described in the scheme for consulting in order to seek views on how well the scheme is working,
or state where such details may be inspected.
3 After giving notice of the proposed scheme, the authority or authorities must consult—
a all operators of local services who would, in the opinion of the authority or authorities, be affected by it,
b such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,
c any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,
d a traffic commissioner,
e the chief officer of police for each police area covering the whole or part of that area,
f the Passengers' Council,
g the Competition and Markets Authority, and
h such other persons as the authority or authorities think fit.
4 For the purpose of subsection (3)(c) the following are relevant local authorities—
a local transport authorities,
b district councils in England,
c National Park authorities,
d the Broads Authority,
e London transport authorities, and
f councils in Scotland.

C43C121113H Making of scheme

1 If, after taking the steps described in section 113G, an authority or authorities decide that it is appropriate to make the advanced quality partnership scheme, they may make it as proposed or with modifications.
2 The scheme must specify each of the following—
a any facilities to be provided under it by the authority or authorities,
b any measures to be taken under it by the authority or authorities and the routes to which they relate,
c the standards of services to be provided under it by operators of local services in accordance with their undertakings given in relation to facilities or measures to be provided or taken under the scheme,
d any registration restrictions imposed by it and any registration criteria specified in it,
e the date on which it is to come into operation,
f the period for which it is to remain in operation, which must not be less than five years, and
g if—
i any facilities are to be provided under the scheme,
ii any measures are to be taken under the scheme, or
iii any standards of services are to be provided under the scheme,
as from a date after the scheme comes into operation, the date as from which they are to be so provided or taken.
3 The scheme may provide that—
a local services specified in it, or
b local services of a class specified in it,
are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.
4 The date as from which any particular facilities are to be provided, any particular measures are to be taken, or any services of a particular standard are to be provided, must not be earlier than—
a in the case of facilities or measures, the latest of dates A to C (see subsections (6) to (8)), and
b in the case of services, the later of dates A and D (see subsections (6) and (9)),
unless the case falls within subsection (5).
5 If under the scheme—
a particular facilities are to be provided or particular measures are to be taken by the authority or authorities, and
b as from the date by which the facilities are to be provided or the measures are to be taken, services of a particular standard are to be provided by operators of local services when using the facilities or when providing local services with stopping places on routes to which the measures relate,
the date as from which the facilities are to be provided or the measures are to be taken (and as from which the services are to be provided) must not be earlier than the latest of dates A to D.
6 Date A is the date 3 months after the date on which the scheme is made.
7 Date B is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for the authority or authorities to provide the facilities or take the measures.
8 Date C is the date 3 months after—
a the date on which any traffic regulation order required for the provision of any of the facilities or taking of any of the measures is made, or
b if more than one such order is required for the provision of the facilities or the taking of the measures, the date on which the last of them is made.
9 Date D is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for operators of local services to provide services of the particular standard.
10 Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of the making of the scheme—
a in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates,
b to all operators of local services who would, in their opinion, be affected by the scheme, and
c to a traffic commissioner.
11 The notice must—
a either contain full details of the scheme or state where such details may be inspected, and
b if the scheme made is a modified version of that proposed, state that fact.

C43C121113I Postponement of scheme or of provision of particular facilities, taking of particular measures or provision of particular standards of service

1 If it appears to the authority or authorities appropriate to do so, they may decide that any of the dates specified in subsection (3) shall be postponed by such period as they think fit.
2 A date may not be postponed under subsection (1) by a period or periods which in total exceed 12 months.
3 The dates are—
a the date on which the scheme is to come into operation,
b the date as from which any particular facilities are to be provided under the scheme,
c the date as from which any particular measures are to be taken under the scheme, and
d the date as from which any particular services are to be provided to a particular standard under the scheme.
4 Before making such a decision the authority or authorities must consult all operators of local services who would, in their opinion, be affected by the scheme.
5 Not later than 14 days after the date on which any such decision is made they must give notice of the decision—
a in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates,
b to all operators of local services who would, in their opinion, be affected by the scheme, and
c to a traffic commissioner.

C43C121113J Effect of scheme

1 The authority or authorities must—
a provide each of the specified facilities or take each of the specified measures not later than the date specified for it to be provided or taken under the scheme, and
b continue to provide the facilities or keep the measures in effect throughout the remainder of the period for which the scheme is in operation.
2 But subsection (1) does not apply in relation to any period during which the authority or authorities are temporarily unable to provide the facilities or take the measures or keep the measures in effect owing to circumstances beyond their control.
3 Nor does it apply in the case of the Secretary of State if the Secretary of State is unable to provide the facilities or take the measures or keep the measures in effect owing to the variation or revocation of a traffic regulation order.
4 The operator of a local service may not use facilities provided under an advanced quality partnership scheme unless—
a the operator has given a written undertaking to a traffic commissioner that, when using the facilities on any date, the operator will provide the service to the standard specified in the scheme that is relevant to the use of those facilities on that date, and
b the operator provides the service to that standard when using the facilities, except in relation to any period during which the operator is temporarily unable to do so owing to circumstances beyond the operator's control.
5 Where a measure has been taken under an advanced quality partnership scheme, the operator of a local service may not use a stopping place on a route to which that measure relates unless—
a the operator has given a written undertaking to a traffic commissioner that, when using such a stopping place on any date, the operator will provide the service to the standard specified in the scheme that is relevant to the use of such a stopping place on that date, and
b the operator provides the service to that standard when using such a stopping place, except in relation to any period during which the operator is temporarily unable to do so owing to circumstances beyond the operator's control.
6 But subsections (4) and (5) do not apply in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 113H(3).
7 Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars of the service concerned registered under section 6 of the Transport Act 1985 (registration of local services).

C43C121113K Regulations about schemes involving existing facilities or measures which are already in effect

1 The Secretary of State may by regulations make provision about the specifying in advanced quality partnership schemes of—
a facilities which are already being provided before the schemes are proposed (“existing facilities”), and
b measures which are already in effect before the schemes are proposed (“existing measures”).
2 The regulations may in particular—
a provide that existing facilities may not be specified if they were being provided before a date prescribed by, or determined in accordance with, the regulations,
b provide that existing measures may not be specified if they were in effect before such a date,
c provide that—
i particular existing facilities or classes of existing facilities, or
ii particular existing measures or classes of existing measures,
may not be specified (whenever they were first provided or taken),
d provide that—
i particular existing facilities or classes of existing facilities, or
ii particular existing measures or classes of existing measures,
may be specified only in circumstances prescribed by the regulations,
e provide that, in circumstances prescribed by the regulations—
i particular existing facilities or classes of existing facilities, or
ii particular existing measures or classes of existing measures,
may be specified only with the consent of a person prescribed by, or determined in accordance with, the regulations, and
f make provision modifying any provision of sections 113G to 113I in relation to schemes which specify existing facilities or existing measures.

C43C121113L Variation or revocation of schemes

1 The authority or authorities who made an advanced quality partnership scheme may vary the scheme if they decide that it is appropriate to do so.
2 The authority or authorities who made a scheme may revoke it before the end of the period for which it would otherwise remain in operation if all persons who have given an undertaking to provide a service to the standard specified in the scheme consent to the revocation of the scheme; and such consent must not be unreasonably withheld.
3 If the variation of a scheme under subsection (1) would require the making of a traffic regulation order, the variation is subject to the same procedure as the making of a scheme.
4 Any other variation of a scheme under subsection (1), or the revocation of a scheme under subsection (2), is subject to that procedure, except to the extent that the procedure is modified by regulations made under section 113N.

C43C121113M Variation: supplementary

1 The relevant references to the authority or authorities in relation to an advanced quality partnership scheme—
a include a local transport authority if it has been varied so that it relates to that authority's area, but
b do not include a local transport authority if it has been varied so that it no longer relates to that authority's area.
2 But if (although the scheme does not relate to a local transport authority's area) it would do by reason of a proposed variation, those references (apart from those in section 113J) include that authority.
3 The relevant references (apart from those in section 113C(1) and in the words before paragraph (a) of section 113C(5)) to the authority or authorities in relation to an advanced quality partnership scheme—
a include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities or traffic regulation measures, but
b do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities or measures.
4 But if (although the scheme does not specify facilities which are traffic regulation facilities in relation to a traffic regulation authority or measures which are traffic regulation measures in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references (apart from those in section 113J) include that authority.
5 And if (although the scheme specifies facilities which are traffic regulation facilities in relation to a traffic regulation authority or measures which are traffic regulation measures in relation to a traffic regulation authority)—
a the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities or the taking of those measures has been revoked, and
b the scheme is proposed to be varied (but not so that it specifies other facilities which are traffic regulation facilities in relation to that authority or other measures which are traffic regulation measures in relation to that authority),
the relevant references (apart from those in section 113J) do not include that authority.
6 For the purposes of this section the relevant references are those in—
a section 113C(1) to (7),
b section 113D, and
c sections 113G to 113L,
and paragraph 27(2A) of Schedule 9 to the Road Traffic Regulation Act 1984.
7 In this section “traffic regulation authority” means—
a a metropolitan district council, or
b the Secretary of State.
8 For the purposes of this section—
a facilities are traffic regulation facilities, in relation to a traffic regulation authority and an advanced quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so;
b measures are traffic regulation measures, in relation to a traffic regulation authority and an advanced quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those measures or would have been required to be a maker of it had it done so.

C43C121113N Regulations about schemes

1 The Secretary of State may by regulations make further provision with respect to—
a the procedure to be followed when making, varying or revoking advanced quality partnership schemes,
b the content or operation of schemes which include—
i a requirement falling within section 113E(4)(b) or (5)(a), or
ii a requirement falling within section 113E(4)(a) or (5)(b) relating to an undertaking that would fall to be given under section 113C(4)(b),
c the local services or classes of local services which must be, or may be, excluded from schemes,
d the conditions which must be, or may be, attached to such exclusions,
e the form and manner in which undertakings are to be given to a traffic commissioner in connection with schemes,
f the making of traffic regulation orders in connection with schemes, and
g such other incidental matters in connection with advanced quality partnership schemes as the Secretary of State thinks fit.
2 The regulations may in particular make provision with respect to—
a giving notice of proposed schemes or proposed variations or revocation of schemes,
b objections to such proposals,
c the holding of inquiries or hearings into objections,
d modifications of such proposals,
e the form of schemes or variations, and
f giving notice of schemes which have been made or of the variation or revocation of schemes.
3 As regards schemes which include or would include—
a a requirement described in subsection (1)(b)(i), or
b a requirement described in subsection (1)(b)(ii),
regulations under subsection (1)(a) or (b) may in particular make the provision referred to in subsection (4).
4 The provision mentioned in subsection (3) is provision—
a for section 113E(7) or (8) not to apply in such circumstances as may be prescribed,
b in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 113I, for any such requirement not to take effect unless prescribed conditions are satisfied,
c as to the meaning of “admissible objection” for the purposes of section 113E(7) and (8) and subsection (5)(b) of this section,
d as to the meaning of “relevant operator” for those purposes, and
e as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator.
5 As regards schemes which include a requirement described in subsection (1)(b)(i), regulations under subsection (1)(b) may also make provision—
a requiring such schemes to include provision—
i as respects the setting of frequencies, timings or maximum fares to which the requirements relate,
ii for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed,
iii for a maximum interval before any such requirements must next be reviewed,
iv as respects other circumstances in which any such requirements must or may be reviewed, and
v as respects revision of any such requirements after a review, and
b for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators.
6 The revision of requirements as to frequencies, timings or maximum fares under any provision included in a scheme by virtue of regulations under subsection (5)(a) is not to be regarded as a variation of the scheme for the purposes of section 113L (variation or revocation of schemes).
7 Nothing in subsection (5) or (6) is to be taken to derogate from what may be done under or by virtue of section 113L.
8 The provision that may be made by virtue of subsection (4)(e) includes provision for and in connection with—
a the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph;
b the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination;
c the payment—
i by the Secretary of State to an adjudicator, or
ii by the Secretary of State or an adjudicator to an assessor,
of such remuneration as may be determined by or in accordance with the regulations.

C43C121113O Guidance about schemes

1 The Secretary of State may issue guidance concerning the carrying out by local transport authorities whose areas are in England and metropolitan district councils of their functions under this Part in relation to advanced quality partnership schemes.
2 Those authorities and councils must have regard to any such guidance.

Bus services: quality partnership schemes

I94C78C29C43C121114  Quality partnership schemes.

1 A local transport authority, or two or more such authorities acting jointly, may make a quality partnership scheme if they are satisfied that the scheme will contribute to the implementation of their local transport policies (but this is subject to subsection (1A).
1A A local transport authority whose area is in England may exercise the power to make a quality partnership scheme only if—
a they are acting jointly with one or more other local transport authorities, and
b at least one of those other local transport authorities is an authority whose area is in Wales.
2 A quality partnership scheme is a scheme under which—
a the authority or authorities provide particular facilities in the whole or part of their area, or combined area, and
b operators of local services who wish to use the facilities must undertake to provide local services of a particular standard when using them.
3 The authority or authorities must be satisfied that both the provision of those facilities and the provision of local services of that standard will—
a bring benefits to persons using local services in the whole or any part of their area, or combined area, by improving the quality of those services, or
b reduce or limit traffic congestion, noise or air pollution.
3A If the authority or authorities consider that it is necessary or expedient for any restrictions to be imposed on the registration of—
a any local services, or
b any local services of a particular description,
they may impose those restrictions (“registration restrictions”) by specifying or describing them in the scheme.
3B Any restrictions so imposed must be for the purpose of preventing or restricting—
a the provision of local services, or
b the variation or withdrawal of local services,
in cases where the authority or authorities consider that any such provision, or (as the case may be) variation or withdrawal, of services might be detrimental to the provision of services under the scheme.
3C Where a scheme includes any registration restrictions by virtue of subsection (3A), it must also specify the criteria (“registration criteria”) by reference to which a traffic commissioner is to decide whether or not to accept an application for registration.
3D In subsections (3A) to (3C) “registration”, in relation to any service,—
a means registration of prescribed particulars of the service under section 6 of the Transport Act 1985 (registration of local services), and
b includes a reference to the variation or cancellation of any such registration.
4 A quality partnership scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 115.
5 The facilities which may be specified in a scheme—
a must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but
b may not be facilities which are required to be provided as a result of section 139 or 140.
6 The standard of services which may be specified in a scheme includes—
a requirements which the vehicles being used to provide the services must meet, and
b requirements as to frequency or timing of the services,
but the specification of any such requirements is not to prevent operators from providing services in excess of those requirements.
6A The standard of services which may be specified in a scheme may also include requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the scheme applies.
C34C476B A scheme may include a requirement falling within subsection (6)(b) or (6A) only if there are no admissible objections to the requirement from relevant operators.Section 122(3) to (5) makes further provision with respect to such schemes.
6C The power to make a quality partnership scheme includes power to provide for different facilities, or different standards of services, to be provided under the scheme as from different dates after the scheme comes into operation.
7 If the provision of any of the facilities requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State or the National Assembly for Wales is the traffic authority), the scheme may not be made unless it is made by—
a the local transport authority or authorities, and
b the metropolitan district council for the district,
acting jointly.
8 If the provision of any of the facilities requires the making of a traffic regulation order in respect of a road for which the Secretary of State or the National Assembly for Wales is the traffic authority, the scheme may not be made unless it is made by—
a the local transport authority or authorities, and
b the Secretary of State or the National Assembly for Wales,
acting jointly.
9 Where subsection (7) or (8) applies so that a metropolitan district council, the Secretary of State or the National Assembly for Wales is a maker of the scheme, then (subject to section 121) the relevant references to the authority or authorities include (as well as the local transport authority or authorities) the metropolitan district council, the Secretary of State or the National Assembly for Wales.
10 For the purpose of subsection (9) the relevant references are those in—
a subsections (2) and (4),
b sections 115 to 120, and
c section 127(7),
and paragraph 27(3) of Schedule 9 to the M35Road Traffic Regulation Act 1984.
11 In carrying out their functions under this Part in relation to quality partnership schemes, local transport authorities must co-operate with one another.
12 In considering whether to make a quality partnership scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.

I95C1C43C121115  Notice and consultation requirements.

1 If an authority or authorities propose to make a quality partnership scheme, they must give notice of the proposed scheme in at least one newspaper circulating in the area to which it relates.
2 The notice must either contain full details of the facilities and standards of services , and of any registration restrictions and registration criteria, or state where such details may be inspected.
3 After giving notice of the proposed scheme, the authority or authorities must consult—
a all operators of local services who would, in the opinion of the authority or authorities, be affected by it,
b such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,
c any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,
d a traffic commissioner,
e the chief officer of police for each police area covering the whole or part of that area, and
f such other persons as the authority or authorities think fit.
4 For the purpose of subsection (3)(c) the following are relevant local authorities—
a local transport authorities,
b district councils in England,
c London transport authorities, and
d councils in Scotland.

I96C43C121116  Making of scheme.

1 If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.
2 The scheme must specify each of the following—
a the facilities to be provided under it by the authority or authorities,
b the standard of services to be provided under it by operators of local services,
bb any registration restrictions imposed by it and any registration criteria specified in it,
c the date on which it is to come into operation, F336...
d the period for which it is to remain in operation, which must not be less than five years.
e if any facilities or standards of services are to be provided under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so provided.
3 The scheme may provide that—
a local services specified in it, or
b local services of a class specified in it,
are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.
4 The date as from which any particular facilities, or any services of a particular standard, are to be provided must not be earlier than—
a in the case of facilities, the latest of dates A to C (see subsections (4B) to (4D)),
b in the case of services, the later of dates A and D (see subsections (4B) and (4E)),
unless the case falls within subsection (4A).
4A If under the scheme—
a particular facilities are to be provided by the authority or authorities, and
b as from the date by which the facilities are to be provided, services of a particular standard are to be provided by operators of local services when using the facilities,
the date as from which the facilities and the services are to be provided must not be earlier than the latest of dates A to D.
4B Date A is the date 3 months after the date on which the scheme is made.
4C Date B is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for the authority or authorities to provide the facilities.
4D Date C is the date 3 months after—
a the date on which any traffic regulation order required for the provision of any of the facilities is made, or
b if more than one such order is required for their provision, the date on which the last of them is made.
4E Date D is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for operators of local services to provide services of the particular standard.
6 Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice—
a in at least one newspaper circulating in the area to which the scheme relates, F97...
b to all operators of local services who would, in the opinion of the authority or authorities, be affected by the scheme , and
c to a traffic commissioner
7 The notice must—
a either contain full details of the scheme or state where such details may be inspected, and
b if the scheme made is a modified version of that proposed, state that fact.

C43C121117 Postponement of scheme or of provision of particular facilities or standards of service

1 If it appears to the authority or authorities appropriate to do so, they may decide that any of the dates specified in subsection (1A) shall be postponed by such period as they think fit.A date may not be postponed under this subsection by a period or periods which in total exceed 12 months.
1A The dates are—
a the date on which the scheme is to come into operation,
b the date as from which any particular facilities are to be provided under the scheme,
c the date as from which any particular services are to be provided to a particular standard under the scheme.
2 Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the scheme.
3 Not later than 14 days after the date on which any such decision is made they must give notice of the decision—
a in at least one newspaper circulating in the area to which the scheme relates, F796...
b to all operators of local services who would, in their opinion, be affected by the scheme , and
c to a traffic commissioner

I97C43C121118  Effect of scheme.

1 The authority or authorities must—
a provide each of the specified facilities not later than the date specified for its provision under the scheme, and
b continue to provide it throughout the remainder of the period for which the scheme is in operation.
2 But subsection (1) does not apply in relation to any period during which the authority or authorities are temporarily unable to provide the facilities owing to circumstances beyond their control.
3 Nor does it apply in the case of the Secretary of State or the National Assembly for Wales if he or it is unable to provide the facilities owing to the variation or revocation of a traffic regulation order.
4 The operator of a local service may not use facilities provided under a quality partnership scheme unless—
a he has given a written undertaking to a traffic commissioner that, when using the facilities on any date, he will provide the service to the standard specified in the scheme as it has effect in relation to that date, and
b he provides the service to that standard when using the facilities, except in relation to any period during which he is temporarily unable to do so owing to circumstances beyond his control.
5 But subsection (4) does not apply in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 116(3).
6 Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the M36Transport Act 1985 (registration of local services) of the service concerned.

I98C43C121119 F254 Regulations about schemes involving existing facilities.

1 The appropriate national authority may by regulations make provision about the specifying in quality partnership schemes of facilities which are already being provided before the schemes are proposed (“existing facilities”).
2 The regulations may in particular—
a provide that existing facilities may not be specified if they were being provided before a date prescribed by, or determined in accordance with, the regulations,
b provide that particular existing facilities or classes of existing facilities may not be specified (whenever they were first provided),
c provide that particular existing facilities or classes of existing facilities may be specified only in circumstances prescribed by the regulations,
d provide that, in circumstances prescribed by the regulations, particular existing facilities or classes of existing facilities may be specified only with the consent of a person prescribed by, or determined in accordance with, the regulations, and
e make provision modifying any provision of sections 115 to 117 in relation to schemes which specify existing facilities.

I99C43C121120 F254 Variation or revocation of schemes.

1 The authority or authorities who made a quality partnership scheme may vary the scheme if they decide that it is appropriate to do so.
2 The authority or authorities who made a scheme may revoke it before the end of the period for which it would otherwise remain in operation if all persons who have given an undertaking to provide a service to the standard specified in the scheme consent to the revocation of the scheme; and such consent must not be unreasonably withheld.
3 If the variation of a scheme under subsection (1) would require the making of a traffic regulation order, the variation is subject to the same procedure as the making of a scheme.
4 Any other variation of a scheme under subsection (1), or the revocation of a scheme under subsection (2), is subject to that procedure, except to the extent that the procedure is modified by regulations made under section 122.

I100C43C121121 F254 Variation: supplementary.

1 The relevant references to the authority or authorities in relation to a quality partnership scheme—
a include a local transport authority if it has been varied so that it relates to that authority’s area, but
b do not include a local transport authority if it has been varied so that it no longer relates to that authority’s area.
2 But if (although the scheme does not relate to a local transport authority’s area) it would do by reason of a proposed variation, those references (apart from those in section 118) include that authority.
3 The relevant references (apart from those in section 114(1) and (3)) to the authority or authorities in relation to a quality partnership scheme—
a include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities, but
b do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities.
4 But if (although the scheme does not specify facilities which are traffic regulation facilities in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references (apart from those in section 118) include that authority.
5 And if (although the scheme specifies facilities which are traffic regulation facilities in relation to a traffic regulation authority)—
a the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities has been revoked, and
b the scheme is proposed to be varied (but not so that it specifies other facilities which are traffic regulation facilities in relation to that authority),
the relevant references (apart from those in section 118) do not include that authority.
6 For the purposes of this section the relevant references are those in—
a section 114(1) to (4),
b sections 115 to 120, and
c section 127(7),
and paragraph 27(3) of Schedule 9 to the M37Road Traffic Regulation Act 1984.
7 In this section “traffic regulation authority” means—
a a metropolitan district council,
b the Secretary of State, or
c the National Assembly for Wales.
8 For the purposes of this section facilities are traffic regulation facilities, in relation to a traffic regulation authority and a quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so.

I101C43C121122  Regulations about schemes.

1 The appropriate national authority may by regulations make further provision with respect to—
a the procedure to be followed when making, varying or revoking quality partnership schemes,
aa the content or operation of schemes which include a requirement falling within section 114(6)(b) or (6A),
b the local services or classes of local services which must be, or may be, excluded from schemes,
c the conditions which must be, or may be, attached to such exclusions,
d the form and manner in which undertakings are to be given to a traffic commissioner in connection with schemes,
e the making of traffic regulation orders in connection with schemes, and
f such other incidental matters in connection with quality partnership schemes as the appropriate national authority thinks fit.
2 The regulations may in particular make provision with respect to—
a giving notice of proposed schemes or proposed variations or revocation of schemes,
b objections to such proposals,
c the holding of inquiries or hearings into objections,
d modifications of such proposals,
e the form of schemes or variations, and
f giving notice of schemes which have been made or of the variation or revocation of schemes.
3 As regards schemes which include any requirement mentioned in section 114(6)(b) or (6A), regulations under subsection (1)(a) or (aa) may in particular make provision—
a for section 114(6B) not to apply in such circumstances as may be prescribed,
b requiring such schemes to include provision falling within subsection (4),
C22c for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators,
d in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 117, for any such requirement not to take effect unless prescribed conditions are satisfied,
e as to the meaning of “admissible objection” for the purposes of section 114(6B) and paragraph (c) of this subsection,
f as to the meaning of “relevant operator” for those purposes,
g as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator.
4 The provision referred to in subsection (3)(b) is provision—
a as respects the setting of frequencies, timings or maximum fares to which the requirements relate,
b for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed,
c for a maximum interval before any such requirements must next be reviewed,
d as respects other circumstances in which any such requirements must or may be reviewed,
e as respects revision of any such requirements after a review.
5 Subsections (3)(b) and (4) have effect subject to, and in accordance with, the following provisions—
a the revision of requirements as to frequencies, timings or maximum fares under any provision made in accordance with those subsections is not to be regarded as a variation of the scheme for the purposes of section 120 (variation or revocation of scheme), but
b nothing in those subsections or in paragraph (a) of this subsection shall be taken to derogate from what may be done under or by virtue of that section.
6 The provision that may be made by virtue of subsection (3)(g) includes provision for and in connection with—
a the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph;
b the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination;
c the payment—
i by the appropriate national authority to an adjudicator, or
ii by the appropriate national authority or an adjudicator to an assessor,
of such remuneration as may be determined by or in accordance with the regulations.

I102C43C121123 F254 Guidance about schemes.

1 The appropriate national authority may issue guidance concerning the carrying out by local transport authorities and metropolitan district councils of their functions under this Part in relation to quality partnership schemes.
2 Those authorities and councils must have regard to any such guidance.

Bus services: franchising schemes

C94C121123A C48C25Franchising schemes

1 A franchising authority, or two or more franchising authorities acting jointly, may make a franchising scheme covering the whole or any part of their area, or their combined area.
2 A franchising scheme may not be made unless the franchising authority or authorities have complied with the requirements in sections 123B to 123G.
3 A franchising scheme is a scheme—
a under which the authority or authorities identify the local services that they consider appropriate to be provided in an area under local service contracts,
b by virtue of which those local services may only be provided in that area in accordance with local service contracts (subject to section 123O),
c by virtue of which the authority or authorities may grant service permits for other local services which have a stopping place in that area (subject to section 123H(5)), and
d under which the authority or authorities identify additional facilities that they consider appropriate to provide in that area.
4 In this Part “franchising authority” means a local transport authority whose area is in England.
5 In this Part “local service contract”, in relation to a franchising scheme, means an agreement that complies with section 123K(1) to (3) under which—
a the franchising authority or authorities grant to another person the exclusive right to operate the local services to which the contract relates, and
b the person undertakes to provide the local services on such terms (including in particular as to frequency, fares and standard of service) as may be specified in the agreement.
6 The terms as to standard of service that may be specified include terms about requirements which vehicles being used to provide the service must meet, including requirements about emissions or types of fuel or power.
7 A local service contract may be made on terms which include provision for the making of payments by the authority or authorities to the person undertaking to provide the local service.
8 Section 88(1) of the Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) does not apply in relation to local service contracts.
9 A franchising scheme must include a description of the franchising authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working.
10 A franchising authority's functions under this Part in relation to a franchising scheme are excluded from the functions to which section 101(1)(b) of the Local Government Act 1972 applies, where the franchising authority is a local authority within the meaning of section 101 of the Local Government Act 1972.

C94C121123B C48C25Assessment of proposed scheme

1 A franchising authority or authorities that propose to make a franchising scheme covering the whole or any part of their area, or combined area, must prepare an assessment of the proposed scheme.
2 The assessment must—
a describe the effects that the proposed scheme is likely to produce, and
b compare making the proposed scheme to one or more other courses of action.
3 The assessment must also include consideration of—
a whether the proposed scheme would contribute to the implementation of—
i the authority's or authorities' policies under section 108(1)(a), and
ii other policies affecting local services that the authority or authorities have adopted and published,
b whether the proposed scheme would contribute to the implementation—
i by neighbouring local transport authorities of those authorities’ policies under section 108(1)(a), and
ii by neighbouring relevant local authorities of other policies affecting local services that those authorities have adopted and published,
c how the authority or authorities would make and operate the proposed scheme,
d whether the authority or authorities would be able to afford to make and operate the scheme,
e whether the proposed scheme would represent value for money, and
f the extent to which the authority or authorities are likely to be able to secure that local services are operated under local service contracts.
4 Subsections (2) and (3) do not prevent inclusion of other matters.
5 The Secretary of State must issue guidance concerning the preparation of an assessment under this section, and that guidance may, in particular, include guidance about methods to be used when assessing a proposed scheme.
6 Franchising authorities must have regard to any such guidance.
7 In this section “relevant local authority” means—
a a local transport authority,
b a London transport authority, F966...
ba a Transport Partnership created under the Transport (Scotland) Act 2005, or.
c a council in Scotland.

C94C121123C C48C25Notice of assessment

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4 Before preparing an assessment of a proposed franchising scheme under section 123B, a franchising authority or authorities must publish, in such manner as they consider appropriate, a notice stating that they intend to prepare such an assessment.

C94C121123D C48C25Audit

1 If, after preparing an assessment of a proposed franchising scheme under section 123B, the authority or authorities wish to proceed with the proposed scheme, they must obtain a report from an independent auditor on that assessment.
2 The auditor's report must state whether, in the opinion of the auditor—
a the information relied on by the authority or authorities in considering the matters referred to in section 123B(3)(d) or (e) is of sufficient quality,
b the analysis of that information in the assessment is of sufficient quality, and
c the authority or authorities had due regard to guidance issued under section 123B in preparing the assessment.
3 The Secretary of State must issue guidance as to the matters to be taken into account by a franchising authority when selecting a person to act as an auditor.
4 Franchising authorities must have regard to any such guidance.
5 The Secretary of State must issue guidance concerning the matters to be taken into account by an auditor when forming an opinion as to whether the information relied on, and the analysis of that information, by an authority is of sufficient quality for the purposes of subsection (2).
6 Auditors must have regard to any such guidance.
7 For the purposes of this section an auditor is independent, in relation to an assessment of a proposed franchising scheme, if the person would not be disqualified from acting as local auditor of the accounts of the franchising authority, or any of the franchising authorities, under section 1214 of the Companies Act 2006 as substituted by paragraph 5 of Schedule 5 to the Local Audit and Accountability Act 2014.
8 In this section “auditor” means a person eligible for appointment as a local auditor by virtue of Chapter 2 of Part 42 of the Companies Act 2006 as modified by Schedule 5 to the Local Audit and Accountability Act 2014.

C94C121123E C48C25Consultation

1 This section applies if, after obtaining an auditor's report under section 123D, the authority or authorities wish to proceed with the proposed franchising scheme.
2 The authority or authorities must—
a publish a consultation document relating to the proposed scheme (see section 123F),
b publish the assessment of the proposed scheme,
c publish the auditor's report on that assessment, and
d give notice of the proposed scheme in such manner as the authority or authorities consider appropriate for bringing it to the attention of persons in the area to which it relates.
3 A notice under subsection (2)(d) must—
a describe the proposed scheme, and
b state where copies of the proposed scheme and the documents mentioned in subsection (2)(a) to (c) may be inspected.
4 After giving notice under subsection (2)(d), the authority or authorities must consult—
a all persons operating local services which have one or more stopping places in the area or areas to which the proposed scheme relates,
b all other persons holding a PSV operator's licence or a community bus permit who would, in the opinion of the authority or authorities, be affected by the proposed scheme,
c such persons as appear to the authority or authorities to represent employees of persons falling within paragraph (a),
d such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,
da such persons with disabilities (within the meaning given by section 6 of the Equality Act 2010) who are users or prospective users of local services, or such organisations appearing to the authority or authorities to be representative of such persons, as they think fit,
db the Welsh Ministers if, in the opinion of the authority or authorities, any part of Wales would be affected by the proposed scheme,
e any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by the proposed scheme,
f a traffic commissioner,
g the chief officer of police for each police area covering the whole or part of an area to which the proposed scheme relates,
h the Passengers' Council, and
i the Competition and Markets Authority.
5 In subsection (4)(e) “relevant local authority” means—
a a local transport authority,
b a district council,
c a National Park authority,
d the Broads Authority,
e a London transport authority, F973...
ea a Transport Partnership created under the Transport (Scotland) Act 2005, or
f a council in Scotland.
6 The authority or authorities may modify the proposed scheme after consulting those persons and organisations.

C94C121123F C48C25Consultation document

1 A consultation document under section 123E(2)(a) relating to a proposed franchising scheme must include—
a a description of the area to which the proposed scheme relates,
b a description of areas within that area for which different provision is proposed to be made, if such provision is proposed to be included in the proposed scheme,
c a description of the local services that are proposed to be provided under local service contracts,
d a description of the local services that are proposed to be excepted from regulation arising because of the proposed scheme,
e the date on which the scheme is proposed to be made,
f the date or dates by which it is proposed that local service contracts first be entered into,
g the period or periods it is proposed will expire between the making of local service contracts and the provision of local services under such contracts,
h a description of the authority's or authorities' proposed plans for consulting in order to seek views on how well the scheme is working,
i a statement about how, in conducting the procurement process for the provision of local services, the authority or authorities propose to facilitate the involvement of small and medium-sized operators in the provision of local services, and
j the date by which responses to the consultation must be received.
2 The consultation document must also include a summary of the assessment prepared under section 123B in relation to the proposed scheme.

C94C121123G C48C25Response to consultation

1 A franchising authority or authorities that conduct a consultation under section 123E must publish a report setting out—
a the authority's or authorities' response to the consultation;
b the authority's or authorities' decision on whether to make a franchising scheme covering the whole or any part of their area or combined area.
2 The authority or authorities must give notice of the report to a traffic commissioner.
3 If the authority or authorities decide to make a franchising scheme, the report must set out how, in conducting the procurement process for the provision of local services, the authority or authorities will facilitate the involvement of small and medium-sized operators in the provision of local services.
4 If a franchising authority are a mayoral combined authority, the function of deciding whether to make a proposed franchising scheme is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to make a scheme jointly with one or more other franchising authorities).
5 If a franchising authority are a mayoral CCA, the function of deciding whether to make a proposed franchising scheme is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority (including in a case where the decision is to make a scheme jointly with one or more other franchising authorities).

C94C121123H C48C25Making and publication of scheme

1 If the authority or authorities publishing a report under section 123G have decided to make a franchising scheme covering the whole or any part of their area or combined area, they must make the scheme, and publish it, at the same time as the report under section 123G.
2 The scheme must specify—
a the area to which the scheme relates,
b the local services intended to be provided under local service contracts,
c the date on which local service contracts relating to local services may first be entered into (subject to subsection (3)(b)), and
d the minimum period that is to expire between the making of a local service contract and the provision of a local service under the contract (subject to subsection (3)(c)).
2A Where a scheme specifies more than one area under subsection (2)(a), the areas specified need not be contiguous.
2B Local services may be specified for the purposes of subsection (2)(b)—
a by reference to the routes or places intended to be served,
b by describing the intended services in general terms,
c by any combination of the ways specified in paragraphs (a) and (b) of this subsection, or
d in such other way as the authority or authorities think fit so as to enable the intended services to be identified.
3 The scheme may specify—
a areas within the area to which the scheme relates (“scheme sub-areas”),
b for each scheme sub-area, the date on which a local service contract to provide a local service in that scheme sub-area may first be entered into, and
c for each scheme sub-area, the minimum period that is to expire between the making of a local service contract to provide such a service and the provision of such a service under the contract.
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5 Subject to regulations under section 123U, the scheme may except from regulation arising because of the scheme—
a local services specified in the scheme, and
b local services of a class specified in the scheme.
6 If the franchising scheme relates to an area to which a relevant scheme or plan also relates, the franchising scheme must include—
a in a case where the relevant scheme or plan relates only to the area to which the franchising scheme relates or a part of that area, provision revoking the relevant scheme or plan, or
b in any other case, provision varying the relevant scheme or plan so that it ceases to relate to any part of the area to which the franchising scheme relates.
7 A franchising scheme may not otherwise vary a relevant scheme or plan.
8 In subsections (6) and (7)—
  • “relevant plan” means an enhanced partnership plan, and
  • “relevant scheme” means an advanced quality partnership scheme or an enhanced partnership scheme.
9 If provision is made under subsection (6)(b) to vary an enhanced partnership plan or scheme so that it ceases to relate to an area, the local transport authority or authorities to whose area or combined area the plan or, in the case of a scheme, the related plan continues to relate may vary the plan or, as the case may be, the scheme in such manner as they consider appropriate in consequence of the provision made under subsection (6)(b).
10 Section 138K(3) applies, and section 138K(4), (5) and (8) do not apply, to a variation under subsection (9).

C94C121123I C48C25Postponement of local service contracts

1 If it appears to the authority or authorities that have made a franchising scheme appropriate to do so, they may decide that—
a the date specified under section 123H(2)(c), or
b a date specified under section 123H(3)(b),
is to be postponed (or further postponed).
2 Before making such a decision they must (if possible) consult—
a persons operating local services who would, in their opinion, be affected by the decision;
b other persons whom, in their opinion, it would be appropriate to consult.
3 Within a period of 14 days beginning with the date on which any such decision is made they must give notice of the decision—
a in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates,
b to all persons operating local services who would, in their opinion, be affected by the decision, and
c to a traffic commissioner.
4 The notice must include a statement of the reasons for making the decision.

C94C121123J C48C25Effect of local service contracts: registration requirements and provision of services

1 Where a franchising scheme has been made, subsections (2) and (3) apply as soon as the effective time of any local service contract to which the franchising scheme relates is reached, subject to subsection (4).
2 Sections 6 to 9 of the Transport Act 1985 (registration of local services) do not have effect in relation to the area to which the franchising scheme relates.
3 No local service may be provided in the area to which the franchising scheme relates (if there is a stopping place for the service in that area) unless—
a it is provided under a local service contract,
b it is an interim service (see section 123O), or
c it is provided under a service permit (see section 123P).
4 If the scheme provides for scheme sub-areas, subsections (2) and (3) apply in relation to each scheme sub-area as soon as the effective time of any local service contract for the provision of a local service in that scheme sub-area is reached, as if references in subsections (2) and (3) to the area to which the scheme relates were references to the scheme sub-area.
5 Subsections (2) and (3) do not apply in relation to—
a a local service which is excepted from regulation arising because of the proposed scheme by any provision of the scheme that is made under section 123H(5), F979...
b the use of a vehicle under a permit granted under section 22 of the Transport Act 1985 , or
c a service falling within subsection (8).
6 If it appears to a franchising authority that—
a a person is operating or has operated a local service in contravention of subsection (3), and
b in operating that local service, the person is failing or has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening subsection (3),
the authority must inform a traffic commissioner.
7 The effective time, in relation to a local service contract, is the beginning of the day on which a local service may first be provided under the contract (see sections 123K(4) and 123L).
8 A service falls within this subsection if it is a local service provided under an agreement entered into, where a service for the carriage of passengers by railway or tramway has been temporarily interrupted—
a under section 40 of the Railways Act 2005 (substitute road services), or
b with the person who usually provides the railway or tramway service.

C94C121123K C48C25Local service contracts

1 If a franchising scheme covers the whole or part of the combined area of two or more franchising authorities, a local service contract for a local service specified in the scheme is to be entered by the authorities acting jointly.
2 A franchising authority or authorities may only enter into a local service contract with a person who is the holder of either—
a a PSV operator's licence, or
b a community bus permit.
3 But subsection (2)(a) does not include a licence to which a condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licences) prohibiting the holder from using vehicles under the licence to provide local services of all descriptions or of any description to which the condition relates.
4 A person may not provide a local service under a local service contract until—
a the expiry of the period that, under the scheme, must expire between the making of the contract and the provision of the local service under the contract (see section 123H(2)(d) and (3)(c)), or
b such later time as may be specified in the contract.
5 Subsection (4) is subject to section 123L.
6 If—
a a franchising authority or authorities enter into a local service contract, and
b the contract is—
i the first contract for the provision of a local service specified in the scheme that is entered into, or
ii for any scheme sub-area, the first contract for the provision of a local service specified in relation to that scheme sub-area that is entered into,
they must give notice of the contract to a traffic commissioner.
7 A notice under subsection (6) must be given within a period of 14 days beginning with the date on which the local service contract in question is entered into.

C94C121123L C48C25Exceptions to section 123K

1 A local service contract may specify as the time when a local service may first be provided under the contract a time before the expiry of such period as is described in section 123K(4)(a), and that service may be provided from that time, if the authority or authorities determine that action is urgently required for the purpose of—
a maintaining an existing service,
b securing the provision of a service in place of a service which has ceased to operate, or
c securing the provision of a service to meet any public transport requirement which has arisen unexpectedly and ought in the opinion of the authority to be met without delay.
2 A determination under subsection (1) must be made at or before the time that the authority or authorities enter into the contract.

C94C121123M C48C25Variation of scheme

1 The franchising authority or authorities operating a franchising scheme may vary, or acting jointly may vary, the scheme.
2 If the authority or authorities decide to vary a franchising scheme, the authority or authorities must—
a publish a notice of the decision, and
b give notice of the decision to a traffic commissioner.
3 The notice of the decision must state the date or dates on which the variations of the scheme are to have effect.
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5 The notice must be published, and notice must be given to a traffic commissioner, within a period of 14 days beginning with the date on which the decision was made.
6 If a franchising authority are a mayoral combined authority, the function of deciding whether to make a proposed variation is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to act jointly to vary a scheme).
6A If a franchising authority are a mayoral CCA, the function of deciding whether to make a proposed variation is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority (including in a case where the decision is to act jointly to vary a scheme).
7 The references in subsections (1) to (6A) and Schedule 9A to the franchising authority or authorities in relation to a franchising scheme include a reference to a franchising authority who are not operating the scheme but would do so under a proposed variation.
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123MA Variation of scheme: supplementary

1 Subsections (2) to (10) of section 123H apply in relation to a franchising scheme varied in accordance with section 123M as they apply in relation to a franchising scheme made in accordance with subsection (1) of section 123H, but subject to subsection (2) of this section.
2 Where the variation of the scheme adds to the scheme area the scheme must specify, in addition to the information previously specified under section 123H(2)(c) and (d), the date and minimum period to be specified in relation to local service contracts relating to local services to be provided in the additional area.
3 In Schedule 9A—
a Parts 1 and 2 contain provision about the procedure to be followed when varying the area specified under section 123H(2)(a) in the scheme, and
b Part 3 contains provision about the procedure to be followed when making certain other variations of the scheme.
4 For the purposes of this section and Schedule 9A—
a a variation of a franchising scheme “adds to the scheme area” if it involves adding an area to the area specified under section 123H(2)(a) in the scheme, and
b “the additional area” is the area added.

C94C121123N C48C25Revocation of scheme

1 The franchising authority or authorities operating a franchising scheme may revoke, or acting jointly may revoke, the franchising scheme.
2 The authority or authorities may revoke the scheme only if they are satisfied that—
a local services which have one or more stopping places in the area to which the scheme relates are likely to be better if the scheme did not apply,
b the continued operation of the scheme is likely to cause financial difficulties for the authority or any of the authorities, or
c the burdens of continuing with the scheme are likely to outweigh the benefits of doing so.
3 If the authority or authorities decide to revoke a franchising scheme, the authority or authorities must—
a publish a notice of the decision, and
b give notice of the decision to a traffic commissioner.
4 The notice of the decision must state the date on which the revocation is to have effect.
5 The date of revocation must fall after a period of six months beginning with the date on which notice of the decision is published.
6 The notice must be published, and notice must be given to a traffic commissioner, within a period of 14 days beginning with the date on which the decision was made.
7 If a franchising authority are a mayoral combined authority, the function of deciding whether to make a proposed revocation is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to act jointly to revoke a scheme).
7A If a franchising authority are a mayoral CCA, the function of deciding whether to make a proposed revocation is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority (including in a case where the decision is to act jointly to revoke a scheme).
8 The revocation of a franchising scheme is subject to the same procedure as the making of a franchising scheme, except that—
a the procedure may be modified or excluded in its application to the revocation of a scheme by regulations under section 123U, and
b section 123G(3) does not apply.

C94C121123O C48C25Interim services and replacement services

1 This section applies if—
a a franchising authority or authorities have entered into a local service contract with another person (“the operator”) about providing a local service (“the original service”) for a period, and
b the operator fails to provide the original service or ceases to provide the original service before the end of the period.
2 The authority, or any one of the authorities, may provide a local service (an “interim service”) in the place of the original service or a part of it.
3 Subsection (2) has effect notwithstanding any prohibition, restriction or limitation on the power of the authority to provide local services contained in any other enactment F986....
4 A franchising authority providing an interim service must have a PSV operator's licence to which no condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licence) prohibiting the authority from using vehicles under the licence to provide services of that description.
5 A franchising authority may not provide an interim service after the end of the period of six months beginning with the day on which the authority begins to provide the service, subject to subsection (7).
6 If—
a an interim service is provided, and
b the authority or authorities decide to enter into a local service contract with another person for the provision of a local service (a “replacement service”) that would replace the original service or a part of it,
section 123K(4) does not apply in relation to the provision of the replacement service.
7 If the authority or authorities enter into a local service contract for the provision of a replacement service, the authority or the authority providing the interim service may continue to provide it until the replacement service begins to be provided.
8 An interim service or replacement service need not be identical to the original service, or the part of the original service, that is replaced by the interim service or the replacement service (and such a change is not to be regarded as a variation of the scheme for the purposes of section 123M).
9 In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

C94C121123P C48C25Service permits

1 This section applies where a franchising scheme covers the whole or part of the area or combined area of a franchising authority or authorities.
2 The authority or authorities, acting jointly, may grant a permit (a “service permit”) authorising a person to provide a local service in the area to which the scheme relates.

C94C121123Q C48C25Application for service permit

1 An application for a service permit authorising a person to provide a particular local service in an area to which a franchising scheme relates must be made in such manner as the authority or authorities operating the scheme may determine.
2 An application must be accompanied by such information as the authority or authorities operating the scheme may specify.
3 If the authority or authorities so require, an application for a service permit must be accompanied by a fee for processing the application of an amount that is determined in accordance with regulations made by the Secretary of State.
4 Regulations under subsection (3) may specify the maximum amount of the fee.
5 The authority or authorities must grant the service permit applied for if they are satisfied that—
a the proposed service will benefit persons making journeys on local services which have one or more stopping places in the area to which the scheme relates, and
b the proposed service will not have an adverse effect on any local service that is provided under a local service contract in the area to which the scheme relates.
5A If the application is for a service permit for a cross-boundary service, the authority or authorities may grant the permit applied for if they are satisfied that—
a the benefits to persons making journeys on the proposed service will outweigh any adverse effect on any local service that is provided under a local service contract in the area to which the scheme relates, or
b the benefits of the proposed service to the economy of the relevant area, or to persons living in that area, will outweigh any such adverse effect.
5B If the application is for a service permit for a service that is not a cross-boundary service, the authority or authorities may grant the permit applied for if they are satisfied that the benefits of the proposed service to the economy of the area to which the scheme relates, or to persons living in that area, will outweigh any adverse effect on any local service that is provided under a local service contract in that area.
6 The authority or authorities may not grant the service permit applied for except under subsection (5), (5A) or (5B).
7 If the authority or authorities do not grant a service permit, they must give notice of their reasons to the applicant within a period of ten days beginning with the date on which they decide not to grant the service permit.
8 In this section—
  • “cross-boundary service”, in relation to a franchising scheme, means a service that—
    1. has one or more stopping places in the area to which the scheme relates, and
    2. has one or more stopping places outside that area;
  • “relevant area”, in relation to a cross-boundary service, means the combined area of each—
    1. local transport authority,
    2. council in Scotland, and
    3. Transport Partnership created under the Transport (Scotland) Act 2005,
    in which the service has a stopping place.

C94C121123R C48C25Conditions

1 A franchising authority or authorities may publish a notice specifying the conditions, or descriptions of conditions, that they may attach to a service permit.
2 A franchising authority or authorities may—
a withdraw a notice under subsection (1), and
b if an earlier notice under subsection (1) is withdrawn, publish another notice under subsection (1).
3 A franchising authority or authorities may only specify in a notice under subsection (1) conditions that are specified, or are of a description specified, in regulations made by the Secretary of State.
4 Regulations under subsection (3) may in particular provide for conditions requiring holders of service permits to participate in ticketing arrangements.
5 Before the authority or authorities publish a notice under subsection (1) (or withdraw such a notice), they must consult—
a persons operating local services which have one or more stopping places in the area to which the scheme relates, and
b other persons whom, in their opinion, it would be appropriate to consult.
6 If a notice under subsection (1) is published, the franchising authority or authorities may attach to—
a a service permit granted by them after the notice is published, or
b a service permit already granted by them,
conditions, or conditions of a description, specified in the notice.
7 If a notice under subsection (1) is withdrawn, conditions attached to service permits granted by the franchising authority or authorities before it was withdrawn cease to have effect (subject to being attached again under subsection (6)(b)).
8 If the authority or authorities grant a service permit with conditions, they must give notice of their reasons for doing so to the applicant within a period of 14 days beginning with the date on which they grant the service permit with those conditions.
9 If the authority or authorities attach conditions to a service permit after it is granted, they must give notice of their reasons for doing so to the holder of the service permit within a period of 14 days beginning with the date on which they attach those conditions.

C94C121123S C48C25Revocation and suspension

1 A franchising authority or authorities may revoke or suspend a service permit granted by them.
2 The grounds on which a franchising authority or authorities may revoke or suspend a service permit are—
a if the permit was granted under subsection (5) of section 123Q, that a matter in paragraph (a) or (b) of that subsection is not satisfied as regards the service to which the service permit relates,
aa if the permit was granted under subsection (5A) or (5B) of that section, that the authority or authorities are no longer satisfied as mentioned in the subsection in question,
b that the holder of the service permit has failed to comply with a condition attached to the service permit, and
c that the public would be endangered if the service continued to operate.
3 The Secretary of State may by regulations make provision about the period of notice that must expire before a revocation or suspension takes effect.
4 The regulations may, in particular, enable a franchising authority or authorities to revoke or suspend a service permit with immediate effect if the permit is revoked or suspended on the ground mentioned in subsection (2)(c).
5 A service permit is of no effect during a period of suspension.

C94C121123T C48C25Appeals

1 A person whose application for a service permit is refused may appeal against the refusal.
2 A person who is granted a service permit with conditions may appeal against the attaching of the conditions or any of them.
3 A person to whose service permit conditions are attached after the service permit is granted may appeal against the attaching of the conditions or any of them.
4 A person whose service permit is revoked or suspended may appeal against the revocation or suspension.
5 An appeal under subsection (1), (2), (3) or (4) is to be made to a traffic commissioner.
6 On an appeal under subsection (1), (2), (3) or (4), a traffic commissioner may—
a uphold the decision,
b quash the decision, or
c substitute a decision for the decision made.
7 The Secretary of State may by regulations make provision about appeals under this section including, in particular, provision—
a as to the time within which an appeal to a traffic commissioner must be brought,
b enabling a traffic commissioner to hold a hearing,
c requiring a traffic commissioner to hold a hearing if requested by the appellant,
d as to the time within which a hearing must be held, and
e as to the time within which an appeal must be determined.
8 A person may appeal to the Upper Tribunal against a decision of a traffic commissioner under subsection (6).
9 For the purposes of section 13(2) of the Tribunals, Courts and Enforcement Act 2007 (appeals to Court of Appeal etc against decisions of the Upper Tribunal) the following persons are to be treated as parties to a case—
a the person who appealed under subsection (1), (2), (3) or (4),
b the franchising authority or authorities whose decision was appealed, and
c a traffic commissioner.

C94C121123U C48C25Regulations about schemes

1 The Secretary of State may by regulations make further provision with respect to—
a the procedure to be followed when making, varying or revoking franchising schemes,
b the local services or classes of local services which are to be, or may be, excepted from regulation arising because of the scheme, and
c such other incidental matters in connection with franchising schemes as the Secretary of State thinks fit.
2 The regulations may in particular make provision with respect to—
a giving notice of proposed schemes or the proposed variation or revocation of schemes,
b modifications of such proposals,
c the form of schemes or variations, and
d giving notice of schemes which have been made or of the variation or revocation of schemes.
3 The Secretary of State may by regulations make further provision with respect to service permits.
4 The Secretary of State may also make regulations modifying or excluding the application of provisions of this Part, so far as relating to franchising schemes, in cases where a franchising authority, or two or more franchising authorities acting jointly—
a propose or decide to vary or revoke a scheme under section 123M or 123N, or
b having varied a scheme under section 123M, propose or decide to postpone a date on which a local service contract to provide a local service specified in the scheme may first be entered into.

C94C121123V C48C25Transitional provision about schemes

1 The Secretary of State may by regulations make such transitional provision as the Secretary of State considers appropriate in connection with—
a the making of franchising schemes,
b the application of section 123J in relation to an area (effect of local service contracts: sections 6 to 9 of the Transport Act 1985 and provision of services),
c the variation of franchising schemes, and
d the revocation of franchising schemes.
2 The regulations may in particular provide that in prescribed circumstances—
a any provision of sections 6 to 9 of the Transport Act 1985 (registration of local services), or of sections 89 to 92 of that Act (obligation to invite tenders etc), which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or
b any such provision which would not otherwise have effect is to have effect or is to have effect with such modifications as may be prescribed,
in relation to the whole or any part of the area to which the scheme relates.
3 Regulations made by virtue of subsection (2) may in particular provide for the period in section 6(8)(a) of the Transport Act 1985 to be, for applications to vary or cancel the registration of services that have one or more stopping places in the area to which a franchising scheme relates, the period specified in a notice issued by the authority or authorities that made the franchising scheme.
4 The regulations may impose requirements in relation to notices issued as mentioned in subsection (3) that include (but are not limited to) requirements—
a as to the time when the notice may be issued,
b as to the publication of the notice,
c as to sending a copy of the notice to a traffic commissioner, and
d as to the period, not exceeding 112 days, that may be specified in the notice.
5 Regulations made by virtue of subsection (2) may in particular provide for cases where local services continue to be provided in an area under local service contracts after a franchising scheme—
a is revoked, or
b is varied so as no longer to relate to that area.
6 The regulations may—
a prohibit the registration of a service, or a variation of the registration of a service, under section 6 of the Transport Act 1985 so far as the service, or the service as varied, would be provided in that area, except in a case where the service, or the service as varied, would be a service that, under the scheme as it had effect before it was revoked or varied, could have been provided in that area under a local service contract, and
b require a traffic commissioner to register a service on an application by a person who, immediately before the scheme was revoked or varied, provided the same service under a service permit.
7 Any regulations made by virtue of subsection (1)(a) are not to have effect in the case of any franchising scheme as respects any time before the making of the scheme.

C94C121123W C48C25Guidance about schemes

1 The Secretary of State may issue guidance concerning the exercise by franchising authorities of their functions under this Part in relation to franchising schemes.
2 Franchising authorities must have regard to any such guidance.

C94C121123X C48C25Local service contracts: application of TUPE

1 Subsection (3) applies to a situation in which—
a at the effective time of a local service contract, local services cease to be provided by a person (the “former operator”) in—
i the area to which the relevant franchising scheme relates, or
ii in the case of a franchising scheme which provides for scheme sub-areas, the relevant scheme sub-area,
in accordance with section 123J(3), and
b at the same time, a person (the “new operator”) begins to provide local services in that area under that local service contract.
2 Subsection (3) also applies to a situation in which—
a local services which, at the effective time of a local service contract, a person (the “former operator”) would be required by section 123J(3) to cease providing in—
i the area mentioned in subsection (1)(a)(i), or
ii the area mentioned in subsection (1)(a)(ii) (as the case may be),
cease to be provided by the former operator before the effective time of that local service contract, and
b at the same time as those local services cease to be provided by the former operator, a person (the “new operator”) begins to provide local services in that area under an agreement which the authority or authorities operating the relevant franchising scheme entered into by reason of the cessation of the local services referred to in paragraph (a).
3 Any situation to which this subsection applies is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) (whether or not TUPE would apply apart from this subsection).
4 For the purposes of TUPE, the organised grouping of employees that is subject to the relevant transfer consists of those employees of the former operator whose employment is principally connected with the provision of the local services referred to in subsection (1)(a) or (as the case may be) the local services referred to in subsection (2)(a).
5 Any situation which by virtue of this section is treated as a relevant transfer for the purposes of TUPE is also to be treated as a relevant transfer within the meaning of TUPE for the purposes of—
a sections 257 and 258 of the Pensions Act 2004, and
b any regulations made under section 258 of that Act.
6 The Secretary of State may make regulations supplementing the provision made by this section.
7 The provision that may be made by regulations under subsection (6) includes—
a provision for determining, for the purposes of subsection (4), whether a person's employment is principally connected with the provision of any particular local services (including provision for or in connection with the appointment of a person to make such determination);
b provision for determining, in the case of any particular organised grouping of employees, the particular new operator who is to be the transferee for the purposes of TUPE (including provision for or in connection with the appointment of a person to make such determination);
c provision requiring any person operating local services in the area to which a franchising scheme relates to provide the authority or authorities operating the scheme with such information as may be prescribed, at such time as may be prescribed, about such of that person's employees as would fall within subsection (4) if the person ceased to provide those services in the circumstances described in subsection (1)(a);
d provision requiring the authority or authorities operating a franchising scheme to provide all persons operating local services in the area to which the scheme relates with such information as may be prescribed, at such time as may be prescribed, so as to enable such persons to comply with any requirement imposed by virtue of paragraph (c) of this subsection;
e provision requiring the authority or authorities operating a franchising scheme to ensure that any local service contract entered into with a person under the scheme, or any other agreement made with a person for the provision of local services in the area to which the scheme relates, is made on terms—
i that require the person, in the event of there being any transferring employees, to secure pension protection for every transferring employee, or every transferring employee of a prescribed description, who as an employee of the former operator had rights to acquire pension benefits, and
ii that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee.
8 For the purposes of this section—
a “transferring employee” means an employee of a former operator whose contract of employment becomes, either by virtue of TUPE or by virtue of this section, a contract of employment with a new operator;
C83b “pension protection” is secured for a transferring employee if after the change of employer referred to in paragraph (a)—
i the employee has, as an employee of the new operator, rights to acquire pension benefits, and
ii those rights are of such description as is prescribed by regulations.
9 The Secretary of State must exercise the power conferred by this section to make regulations containing provision falling within subsection (7)(e) so as to ensure—
a that pension protection is required to be secured for every transferring original employee who, as an employee of the original operator, had rights to acquire pension benefits, and
b that the rights to acquire pension benefits which a transferring original employee has as an employee of the new operator by virtue of paragraph (a) are rights which—
i are the same as the rights the transferring original employee had as an employee of the original operator, or
ii under provision made by regulations, count as being broadly comparable to, or better than, those rights.
10 For the purposes of subsection (9)—
  • “transferring original employee” means a transferring employee—
    1. who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant franchising scheme relates, and
    2. whose contract of employment—
      1. was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, or
      2. on each occasion when the employee was subject to a relevant transfer became, either by virtue of TUPE or by virtue of this section, a contract of employment with a person providing local services in the area referred to in paragraph (a);
  • “relevant date”, in relation to a franchising scheme, means—
    1. the date on which the scheme was made, or
    2. where—
      1. the local services being provided by the original operator were not subject to the scheme when it was made, and
      2. as a result of the variation of the scheme, those services became subject to the scheme,
      the date on which that variation was made;
  • “relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE.

Bus services: quality contracts schemes in Wales

I103C77C121124  Quality contracts schemes.

1 A local transport authority for an area in Wales, or two or more such authorities acting jointly, may make a quality contracts scheme covering the whole or any part of their area, or combined area, if they are satisfied that—
a the proposed scheme will result in an increase in the use of bus services (see subsection (9B)) in the area to which the proposed scheme relates,
b the proposed scheme will bring benefits to persons using local services in the area to which the proposed scheme relates, by improving the quality of those services,
c the proposed scheme will contribute to the implementation of the local transport policies of the authority or authorities,
d the proposed scheme will contribute to the implementation of those policies in a way which is economic, efficient and effective, and
e any adverse effects of the proposed scheme on operators will be proportionate to the improvement in the well-being of persons living or working in the area to which the proposed scheme relates and, in particular, to the achievement of the objectives mentioned in paragraphs (a) to (d).
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F8831B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 A quality contracts scheme may not be made unless the authority or authorities—
a have complied with the requirements of section 125, and
b F121... have obtained the approval of the Welsh Ministers in accordance with section 126, F714 . . .
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3 A quality contracts scheme is a scheme under which—
a the authority or authorities determine what local services should be provided in the area to which the scheme relates and any additional facilities or services which should be provided in that area, and
b local services may only be provided in that area in accordance with quality contracts (subject to section 127(4) and section 132C).
4 In this Part “quality contract”, in relation to a quality contracts scheme, means an agreement entered into under section 130 or 131 under which—
a the authority or authorities grant to another person the exclusive right to operate the local services to which the contract relates, and
b that person undertakes to provide the services on such terms (including in particular as to frequency, fares and standard of service) as may be specified in the agreement.
5 A quality contract may be made on terms—
a which include provision for the making of payments by the authority or authorities to the person undertaking to provide the local service, and
b requiring one or more of the parties to provide additional facilities or services.
6 Section 88(1) of the M38Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) does not apply in relation to quality contracts.
7 The authority or authorities must keep under review the extent to which quality contracts entered into by them are complied with.
8 In carrying out their functions under this Part in relation to quality contracts schemes, local transport authorities must co-operate with one another.
9 In considering whether to make a quality contracts scheme, a local transport authority for an area in Wales must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.
F3679A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9B The reference in subsection (1)(a) to increasing the use of bus services includes a reference to reducing, arresting or reversing decline in the use of bus services.
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I104C121125  Notice and consultation requirements.

1 If an authority or authorities propose to make a quality contracts scheme, they must—
a publish, in such manner as they think fit, a consultation document complying with subsection (1A),
b supply a copy of that document to each of the persons mentioned in subsection (3), and
c give notice in accordance with subsection (2) of the proposed scheme in at least one newspaper circulating in the area to which it relates, F168...
F168 d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1A The consultation document mentioned in subsection (1)(a) must include—
a a description of the proposed scheme;
b a statement of the reasons why the authority or authorities are satisfied that the conditions in subsection (1) F534... of section 124 are met;
c a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the implementation of the scheme;
d a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;
e a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—
i any estimated income from fares, and
ii any grants from Ministers of the Crown or government departments,
any remaining funding required to implement the scheme can be provided from other resources available to the authority or authorities;
f the date by which any written responses to the consultation must be submitted to the authority or authorities.
1B The description of the proposed scheme contained in the consultation document in accordance with subsection (1A)(a) must include—
a an outline of the local services which are proposed to be provided under it;
b a statement of any proposed exclusions from the scheme by virtue of section 127(4).
1C In subsection (1A)(e) “chief finance officer”, in relation to a local transport authority, means that officer of the authority who is responsible under—
a section 151 of the Local Government Act 1972, or
b section 73 of the Local Government Act 1985,
for making arrangements for the proper administration of the financial affairs of the authority.
2 The notice must—
a describe the proposed scheme, and
b state where a copy of the scheme and the consultation document may be inspected, F547...
F547c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 After giving notice of the proposed scheme, the authority or authorities must consult—
a all persons operating local services in the area to which it relates,
b all other persons holding a PSV operator’s licence or a community bus permit who would, in the opinion of the authority or authorities, be affected by it,
c such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,
d any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,
e F776... a traffic commissioner,
f the chief officer of police for each police area covering the whole or part of the area to which the proposed scheme relates, and
g such other persons as the authority or authorities think fit.
4 For the purpose of subsection (3)(d) the following are relevant local authorities—
a local transport authorities,
b district councils in England,
c London transport authorities, and
d councils in Scotland.
5 The authority or authorities may modify the proposed scheme following those consultations.

I105C121126  Approval of proposed schemes for areas in Wales

F107A1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 If, having complied with the requirements of section 125, the authority or authorities wish to proceed with the proposed scheme, they must apply to the appropriate national authority for its approval.
2 The application must include—
a their reasons for wishing to make the scheme, and
b such other information as the appropriate national authority may reasonably require.
3 Any person who was consulted, or who is aggrieved at not being consulted, under section 125(3) may make written representations to the appropriate national authority about the scheme.
4 The appropriate national authority may approve the proposed scheme, with or without modifications, if it is satisfied that—
a the conditions set out in paragraphs (a) to (e) of section 124(1) F205... are met, and
b it is in the interests of the public that the scheme is made.
5 If the appropriate national authority proposes to approve the scheme with modifications, it must first inform the authority or authorities and they must—
a consult such of the persons they consulted under section 125(3) as would, in their opinion, be affected by those modifications, and
b inform the appropriate national authority as to the outcome of that consultation.
6 After being informed of that outcome the appropriate national authority may approve the scheme either with those modifications or without modifications.

F221126A Boards for proposed schemes for areas in England

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F221126B Advice by boards or their Commissioners

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F221126C Requests for boards to begin consideration etc of proposed schemes

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F221126D Consideration of proposed schemes by boards

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F221126E Practice and procedure of boards

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I106C121127  Making of scheme.

1 The authority or authorities who proposed the scheme may make it—
F677a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b F555... in accordance with the requirements of subsection (1B).
F771A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1B If—
F467a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b the Welsh Ministers approve the scheme under section 126,
the authority or authorities who proposed it may make it, as approved, at any time not later than 6 months after the date of the approval.
2 The scheme must specify—
a the area to which it relates,
b the date on which it is to come into operation or, if the scheme provides for different provisions to come into operation on different dates, or on different dates for different purposes, those dates in the case of each provision, and
c the period for which it is to remain in operation, which must not be more than ten years from the earliest date on which the scheme or any of its provisions comes into operation.
2A No date that is to be specified under subsection (2)(b) may be earlier than 6 months after the scheme is made.
3 The scheme must outline—
a the local services which are to be provided under quality contracts, and
b the features of the proposed invitations to tender for quality contracts.
3A The scheme must specify the date or dates on which it is proposed that the authority or authorities will issue invitations to tender for the provision of any services to which the scheme relates (see section 130).
4 The scheme may provide that—
a local services specified in it, or
b local services of a class specified in it,
are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.
5 The scheme may contain such ancillary provisions as the authority or authorities think fit.
6 The scheme may include provision—
a varying or revoking any quality partnership scheme which only relates to the area of the authority, or combined area of the authorities, by which the scheme is made, or
b varying any other quality partnership scheme to the extent that it so relates.
7 If provision is made under subsection (6)(b) to vary the quality partnership scheme so that it no longer so relates, such of the authorities by which it was made as did not make the quality contracts scheme—
a may (subject to the provision so made) vary it if they decide that it is appropriate to do so, or
b may revoke it if all persons who have given an undertaking to provide a service to a standard specified in the scheme consent to the revocation of the scheme (which consent must not be unreasonably withheld);
and subsections (3) and (4) of section 120 apply to a variation or revocation under this subsection.
8 Not later than 14 days after the date on which the scheme is made, the authority or authorities must—
a give notice in at least one newspaper circulating in the area to which the scheme relates, and
b send a copy of the scheme to a traffic commissioner.
9 The notice must state—
a that the scheme has been made,
b where a copy of the scheme may be inspected, and
c the date or dates on which the scheme, or the different provisions of the scheme, are to come into operation.
10 The appropriate national authority may by order vary any of the periods mentioned in subsection F341... (1B) or (2A).

F242127A Appeals against the making of schemes for areas in England

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F242127B Powers of the Transport Tribunal on an appeal under section 127A

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I107C121128  Postponement of scheme.

1 If it appears to the authority or authorities who made the scheme appropriate to do so, they may decide that the date on which the scheme , or any particular provision of the scheme, would otherwise come into operation , or come into operation for any particular purpose or purposes, shall be postponed by such period as they think fit (subject to any provision of regulations made under subsection (4)).
2 Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the decision.
3 Not later than 14 days after the date on which any such decision is made they must give notice of the decision—
a in at least one newspaper circulating in the area to which the scheme relates, F495...
b to all operators of local services who would, in their opinion, be affected by the decision , and
c to a traffic commissioner
4 The appropriate national authority may by regulations make provision with respect to postponements under subsection (1).
5 The regulations may in particular make provision—
a as to the maximum period of postponements, and
b requiring authorities to re-issue invitations to tender in accordance with section 130.

I108C121129  Effect of scheme.

1 During any period in which the scheme , or (in the case of a scheme which provides for different provisions to come into operation on different dates) any provision of the scheme, is in operation—
a sections 6 to 9 of the M39Transport Act 1985 (registration of local services) do not have effect in relation to the area to which the scheme, or that provision, relates, and
b no local service shall be provided in that area (if there is a stopping place for the service in that area) unless it is provided under a quality contract or is an interim service (see section 132C).
2 But subsection (1) does not apply —
a so as to prevent the application of sections 6 to 9 of the Transport Act 1985 in relation to any service by virtue or in consequence of section 6B of that Act (application for registration or variation where quality contracts scheme in force),
b so as to prevent the provision of any service registered under section 6 of the Transport Act 1985 by virtue of section 6B of that Act, or
c in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 127(4). 
3 Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the M40Transport Act 1985 of the service concerned.
4 The authority or authorities must invite tenders in accordance with section 130 not later than—
a three months, or
b such other period as the appropriate national authority may by order specify,
after the scheme has been made.

I109C33C121130  Tendering for quality contracts.

1 The authority, or the authorities acting jointly, must invite tenders for the provision of services to which the scheme, or each provision of the scheme, relates for such period and on such basis as may be specified in the invitation to tender.
2 The period specified must not exceed 10 years.
3 Subject to subsection (4), such an invitation—
a must be issued generally, in such manner as the authority or authorities consider appropriate for bringing it to the attention of persons who may be interested, and
b must also be issued individually to all persons who have given to that authority or any of those authorities a written notice indicating that they wish to receive invitations to tender for the provision of local services of a description to which the invitation relates.
4 Such a notice must specify the address to which such an invitation is to be directed, and it shall be sufficient for the purposes of subsection (3)(b) if the authority or authorities send the invitation to the person giving such a notice at the address so specified.
5 The authority or authorities may only accept a tender submitted by a person who is the holder of either—
a a PSV operator’s licence, or
b a community bus permit.
6 But subsection (5)(a) does not include a licence to which a condition is attached under section 26 of the M41Transport Act 1985 (power of traffic commissioner to attach conditions to licences) prohibiting the holder from using vehicles under the licence to provide local services of all descriptions or of any description to which the invitation relates.
7 After entering into a quality contract, the authority or authorities must give notice to a traffic commissioner of—
a the local services to be provided in accordance with the contract, and
b the duration of the contract.
8 The appropriate national authority may by regulations make provision requiring authorities to publish prescribed information about tenders submitted to them in accordance with this section or about their reasons for entering into particular quality contracts.

I110C121131  Exceptions from section 130.

1 Section 130 does not apply in any case where it appears to the authority or authorities that action is urgently required for the purpose of—
a maintaining an existing service,
b securing the provision of a service in place of a service which has ceased to operate, or
c securing the provision of a service to meet any public transport requirement which has arisen unexpectedly and ought in the opinion of the authority to be met without delay.
2 The appropriate national authority may by regulations make provision for further exceptions from section 130, including in particular with respect to—
a cases in which no tender, or no acceptable tender, is submitted in response to an invitation to tender issued under section 130(1) or under any provision made by virtue of subsection (5)(a), and
b agreements of a prescribed description.
3 The appropriate national authority may make regulations fixing the maximum duration of a quality contract entered into under subsection (1) or under any provision made by virtue of subsection (2).
4 The appropriate national authority may by regulations make further provision with respect to exceptions from section 130.
5 Regulations under subsection (4) may in particular—
a require authorities to invite tenders for the provision of a service which is the subject of a quality contract made under subsection (1) or under any provision made by virtue of subsection (2), and
b require authorities to publish prescribed information (including as to their reasons for entering into particular quality contracts) or to give notices.

C121131A Continuation of schemes for further periods

1 If it appears to them appropriate to do so, the authority or authorities who made a quality contracts scheme (other than any to whose area the scheme no longer relates) may decide that the scheme should continue in operation for a further period, with or without modification.
2 Before making such a decision, they must, unless the proposal that the scheme should continue is an exempt continuation proposal (see section 131B), comply with the requirements of—
a section 124(2)(b) (approval by Welsh Ministers) F244...
F262b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Section 125 applies in relation to the continuation of a scheme under this section as it applies in relation to the making of a scheme, but with the following modifications—
a any reference to a proposal to make a scheme is to be read as a reference to a proposal for the continuation of a scheme,
b any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation,
and with the further modifications specified in subsections (4) and (5), but this is subject to such modifications or exclusions as may be prescribed by regulations under section 133.
F1344 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 The consultation document that is to be published by virtue of section 125(1)(a), as applied by subsection (3), must (instead of complying with section 125(1A)) include—
a a description of the scheme, together with any proposed modifications to it;
b a statement of the opinion of the authority or authorities as to the effectiveness of the scheme in achieving the objectives set out in paragraphs (a) to (e) of section 124(1) F735... up to the date of the report;
c a statement of the reasons why they are satisfied that the scheme as proposed to be continued (with any proposed modifications) will meet the conditions in subsection (1) F533... of section 124;
d a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the continuation of the scheme;
e a statement of the period for which it is proposed that the scheme should continue in operation, which must not be more than a further 10 years;
f if the authority or authorities consider that the proposal for the scheme to continue is an exempt continuation proposal, a statement of that fact;
g a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;
h a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—
i any estimated income from fares, and
ii any grants from Ministers of the Crown or government departments,
any remaining funding required to continue the scheme in operation can be provided from other resources available to the authority or authorities;
i the date by which any written responses to the consultation must be submitted to the authority or authorities.
6 For the purposes of this section—
a subsection (1B) of section 125 (matters to be included in the description of the proposed scheme) applies for the purposes of subsection (5)(a) as it applies for the purposes of subsection (1A)(a) of that section, and
b subsection (1C) of that section (meaning of “chief finance officer”) applies for the purposes of subsection (5)(h) as it applies for the purposes of subsection (1A)(e) of that section.
7 The consultation document mentioned in subsection (5) must be published and supplied in accordance with section 125(1)(a) and (b) (as applied by this section) not less than 12 months before the scheme’s expiry date.
8 For the purposes of this section, a scheme’s “expiry date” is the later of the following dates—
a the end of the period specified in the scheme in accordance with section 127(2)(c),
b if the scheme has been continuing in operation by virtue of the previous application of this section, the end of the period for which it is so continuing in operation.
9 The period for which a scheme continues in operation by virtue of a decision under subsection (1) may begin—
a on such day falling before, on, or immediately after the scheme’s expiry date as the authority or authorities decide, or
b if the circumstances are such that the continuation of the scheme cannot begin on a day falling within paragraph (a), on such later day as the authority or authorities decide in accordance with regulations made by the appropriate national authority for the purposes of such circumstances.
10 If the authority or authorities publish and supply a consultation document in accordance with subsection (7), the scheme remains in operation (without any modifications proposed by them under subsection (1)) until—
a in a case where the scheme is to continue in operation for a further period, the day before the beginning of that period, or
b in any other case, the scheme’s expiry date.
11 Section 130 (tendering) applies to a scheme that continues in operation under this section (whether or not the proposal for the scheme to continue in operation was an exempt continuation proposal) but subject to regulations made by the appropriate national authority under section 133(3).

C121131B Meaning of “exempt continuation proposal”

1 For the purposes of this Part a proposal that a quality contracts scheme should continue in operation is an “exempt continuation proposal” if—
a any one or more of Conditions 1 to 3 are met and Conditions A and B are met, or
b the circumstances are as prescribed in regulations made by the appropriate national authority.
2 Condition 1 is that it is not proposed that the area to which the continuation scheme relates is to be greater than the area to which the existing scheme relates.
3 Condition 2 is that it is proposed that the area to which the continuation scheme relates is to be greater than the area to which the existing scheme relates, but—
a the additional area proposed to be included falls wholly within the area or combined area of the authority or authorities proposing the continuation of the scheme, and
b it is not proposed that under the continuation scheme any descriptions of local services are to be provided under quality contracts in addition to the descriptions of local services so provided under the existing scheme.
4 Condition 3 is that during the period while the existing scheme has been in force—
a there has been a change in the area of the authority, or of any of the authorities, that last made or continued the scheme, or
b a different authority has become the local transport authority for some or all of the area to which the scheme relates,
but it is not proposed that under the continuation scheme any descriptions of local services are to be provided under quality contracts in addition to the descriptions of local services so provided under the existing scheme.
5 Condition A is that it is not proposed under the continuation scheme that any local services which, immediately before the coming into force of that scheme, were unregulated services are under the continuation scheme to be provided under quality contracts.
6 Condition B is that it is not proposed under the continuation scheme that any services which, immediately before the coming into force of that scheme, were excluded services in the case of the existing scheme are not to be excluded services in the case of the continuation scheme.
7 In this section—
  • “the continuation scheme” means the scheme as proposed to continue in operation;
  • “excluded services”, in the case of any quality contracts scheme, means any local services, or class of local services, which are excluded from the scheme by virtue of section 127(4);
  • “the existing scheme” means—
    1. the scheme as last continued or varied, or
    2. if the scheme has not previously been continued or varied, the scheme as originally made;
  • “unregulated services” means any local services provided otherwise than—
    1. under a contract with one or more local transport authorities, or
    2. by an authority or authorities acting under section 132C(2) (power to provide interim services in exceptional circumstances);
and any reference to the coming into force of a scheme includes a reference to the coming into force of any particular provision of it.
8 See also section 131E (which makes provision about appeals relating to exempt continuation proposals).

F604131C Continuation of schemes for areas in England: procedure

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C121131D Continuation of schemes for areas in Wales: procedure

1 This section has effect with respect to the continuation in operation under section 131A (or the proposed continuation in operation under that section) of a quality contracts scheme for an area in Wales (whether with or without modifications).
2 Subsections (2) and (3) to (9) of section 127 apply in relation to the continuation of the scheme as they apply in relation to the making of a scheme, but with the modifications in subsection (4).
3 Unless the proposal for the continuation of the scheme—
a is an exempt continuation proposal, or
b in a case where the authority or authorities have decided that the scheme should continue, was such a proposal,
subsections (1)(b) and (1B) of section 127 also apply in relation to the continuation of the scheme, and with the modifications in subsection (4).
4 The modifications are—
a any reference to proposing to make a scheme is to be read as a reference to proposing the continuation of a scheme,
b any reference to making a scheme is to be read as a reference to deciding that a scheme should continue in operation,
c any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation,
d the references in section 127(2)(b) and (9)(c) to the date or dates on which the scheme is, or provisions of the scheme are, to come into operation are to be read as references to the day decided by the authority or authorities by virtue of section 131A(9),
but further or different modifications, or exclusions, may also be made by regulations under section 133(3)(b).
5 Subsection (6) applies in any case where—
a an authority or authorities propose that a quality contracts scheme for an area in Wales should continue in operation (with or without modification) under section 131A, and
b the proposal is not an exempt continuation proposal.
6 In any such case, section 126 (approval by Welsh Ministers of proposed schemes for areas in Wales) applies in relation to a proposal for the continuation of a scheme as it applies in relation to a proposal to make a scheme, but with the modifications set out in subsection (7).
7 The modifications are—
a any reference to a proposed scheme is to be read as a reference to a proposal for a scheme to continue in operation under section 131A;
b the reference in section 126(2)(a) to wishing to make a scheme is to be read as a reference to wishing that a scheme should continue in operation;
c any reference to any conditions set out in any paragraphs of section 124(1) being met is to be read as a reference to those conditions being met by the scheme as proposed to continue in operation (with any proposed modifications);
d any reference to section 125 or any provision of that section is to be read as a reference to that section or provision as it has effect by virtue of section 131A.
8 If, acting on the basis that the proposal for the continuation of the scheme is an exempt continuation proposal, the authority or authorities decide that the scheme is to continue, they must—
a publish in such manner as they think fit, and within the time allowed, a notice announcing their decision on the proposal,
b supply a copy of that notice to each of the persons mentioned in section 125(3) as it applies by virtue of section 131A, and
c give notice of the decision in accordance with section 127(8) and (9).
9 For the purposes of subsection (8)(a), the time allowed is the period of 6 months following the date of publication of the consultation document required by section 125(1)(a) as it applies by virtue of section 131A.

C62C121131E Appeals where proposed continuation considered exempt

1 This section applies where an authority or authorities who propose that a quality contracts scheme should continue in operation (with or without modifications) under section 131A—
a decide that the proposal is an exempt continuation proposal, and
b acting on the basis of that decision, decide that the scheme should so continue in operation.
2 Any person falling within subsection (3) may appeal to the Upper Tribunal against—
a the decision of the authority or authorities that the proposal is an exempt continuation proposal, or
b the decision of the authority or authorities that the scheme is to continue in operation (with or without any modifications).
3 The persons are—
a any person who was consulted under section 125(3) (as it applies by virtue of section 131A in a case where the proposal is an exempt proposal),
b any person who was not so consulted, but who, in the opinion of the Upper Tribunal, ought to have been so consulted.
4 An appeal under this section may be—
a on a point of law, or
b on a question of fact.
5 On an appeal under this section the Upper Tribunal shall have power—
a to make such order as they think fit, or
b to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct.
6 The powers of the Tribunal on an appeal under this section include power to do any one or more of the following—
a dismiss the appeal in whole or in part,
b remit the matter to the authority or authorities with one or more directions under subsection (7),
c direct the authority or authorities to vary the scheme, as it continues or is to continue in operation, in such manner as the Tribunal may specify in the direction (but see subsection (8)),
d quash the whole or any part of the decision of the authority or authorities (but see subsection (9)).
7 A direction under this subsection is a direction for the authority or authorities to do each of the following—
a consider or reconsider such matters as may be specified in the direction,
b as respects those matters, consult or further consult the persons mentioned in section 125(3) as it applies by virtue of section 131A in a case where the proposal is an exempt continuation proposal,
c make such variations of the scheme, as it continues or is to continue in operation, as may in consequence appear appropriate to the authority or authorities.
8 The Tribunal may give a direction under this section to vary a scheme by reducing the area to which it relates only if they are of the opinion that the conditions in section 132(3) are met.
9 The power of the Tribunal under this section to quash a decision of an authority or authorities that a scheme should continue in operation under section 131A is exercisable only if the Tribunal are of the opinion that there are defects in the scheme which are not capable of being remedied by varying the scheme under or by virtue of subsection (6)(b) or (c).
10 If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the proposal for the scheme to continue in operation was not an exempt continuation proposal—
a they must allow the appeal to that extent,
b they must remit the matter to the authority or authorities, with or without directions, and
c subsections (11) to (14) have effect.
11 The directions that the Tribunal may give under this section include—
a directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposal for continuation under section 131A is not an exempt continuation proposal,
b directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a) or (b) of subsection (1) of section 131B (meaning of “exempt continuation proposal”) is met in the case of the scheme,
c directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken.
12 Where the Tribunal give directions falling within subsection (11), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order.
13 F382... the Tribunal may not make any order which has the effect of—
a giving approval under section 126 as it applies by virtue of section 131D, or
b dispensing with the need for any such approval,
but this is without prejudice to the temporary provision that may be made in directions falling within subsection (11)(c).
14 The appropriate national authority may make regulations with respect to the procedure to be followed in relation to a scheme in cases where the Tribunal decide that the proposal for continuation under section 131A was not an exempt continuation proposal.

F645131F Appeals where proposed continuation considered non-exempt

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I111C28C121132  Variation or revocation of scheme.

1 The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may vary it by—
a increasing the area to which it relates (to no greater than the whole of their area or combined area) or adding to the description of local services which are to be provided under quality contracts,
b reducing that area or reducing the description of services, or
c providing for new exclusions from the scheme or for the variation or revocation of existing exclusions.
2 The scheme may not be varied under subsection (1)(a) unless the conditions set out in subsection (1)(a) to (e) of section 124 F795... are met with respect to the scheme as varied.
3 The scheme may not be varied under subsection (1)(b) unless the relevant conditions —
a are no longer met with respect to it, but
b are met with respect to the scheme as varied.
4 The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may revoke the scheme—
a if the relevant conditions are no longer met with respect to it,
aa if they consider that those conditions would no longer be met with respect to it if they were to act in accordance with a direction given by the Upper Tribunal under this Part, or
b if they and one or more other authorities make a quality contracts scheme covering the whole or part of the area to which it relates.
4A In subsections (3) and (4) “the relevant conditions” means—
a in the case of a scheme made under section 124(1) and not subsequently continued in operation under section 131A or varied under subsection (1)(a) of this section, the conditions set out in section 124(1)(a) to (e);
F520b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c in the case of a scheme that has been continued in operation under section 131A or varied under subsection (1)(a) of this section, the conditions by reference to which it was last so continued in operation or varied.
5 The variation or revocation of a scheme under subsection (1) or (4) is subject to the provisions of—
F524a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F524b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F524c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d subsection (9) (areas in Wales),
except to the extent that section 132B (exemption for specific variations directed by Upper Tribunal on appeal) otherwise provides.
F1486 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1487 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1488 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 The variation or revocation of a scheme for an area in Wales—
a requires the approval of the Welsh Ministers, except in the case of a variation which is an exempt variation, and
b is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified or excluded by regulations made by the Welsh Ministers under section 133.
10 Section 130 (tendering) applies to a varied scheme (whether or not the variation is an exempt variation) but subject to regulations made by the appropriate national authority under section 133(3).
11 A variation of a scheme is an exempt variation for the purposes of this section if the variation is—
a a reduction in the area to which the scheme relates,
b a reduction in the descriptions of services which are to be provided under quality contracts, or
c the provision of new exclusions from the scheme,
and a “non-exempt variation” is any other variation of a scheme.
12 The appropriate national authority may by regulations provide that in prescribed circumstances quality contracts schemes may be revoked by that authority before coming into operation.

C11C121132A Appeals where proposed variation considered exempt

1 This section applies where an authority or authorities who propose to vary a quality contracts scheme under section 132—
a decide that the proposal is an exempt variation for the purposes of that section, and
b acting on the basis of that decision, decide to vary the scheme under that section.
2 Any person falling within subsection (3) may appeal to the Upper Tribunal against—
a the decision of the authority or authorities that the variation is an exempt variation for the purposes of section 132, or
b the decision of the authority or authorities as to the variation of the scheme under that section.
3 The persons are—
a any person who was consulted under section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),
b any person who was not so consulted, but who, in the opinion of the Upper Tribunal, ought to have been so consulted.
4 An appeal under this section may be—
a on a point of law, or
b on a question of fact.
5 On an appeal under this section the Upper Tribunal shall have power—
a to make such order as they think fit, or
b to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct.
6 The powers of the Tribunal on an appeal under this section include power to do any one or more of the following—
a dismiss the appeal in whole or in part,
b remit the matter to the authority or authorities with one or more directions under subsection (7),
c direct the authority or authorities to vary the scheme, to the extent of the variation made by the authority or authorities, in such manner as the Tribunal may specify in the direction (but see subsection (8)),
d quash the whole or any part of the decision of the authority or authorities.
7 A direction under this subsection is a direction for the authority or authorities to do each of the following—
a consider or reconsider such matters as may be specified in the direction,
b as respects those matters, consult or further consult the persons mentioned in section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),
c make such variations of the scheme as may in consequence appear appropriate to the authority or authorities.
8 The Tribunal may give a direction under this section to vary a scheme by reducing the area to which the scheme relates only if they are of the opinion that the conditions in section 132(3) are met.
9 If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the variation was not an exempt variation for the purposes of section 132—
a they must allow the appeal to that extent,
b they must remit the matter to the authority or authorities, with or without directions, and
c subsections (10) to (13) have effect.
10 The directions that the Tribunal may give under this section include—
a directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposed variation under section 132 is not an exempt variation,
b directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a), (b) or (c) of section 132(11) (meaning of “exempt variation”) is met in the case of the variation,
c directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken.
11 Where the Tribunal give directions falling within subsection (10), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order.
12 F854... the Tribunal may not make any order which has the effect of—
a giving approval under section 126 as it applies by virtue of section 132, or
b dispensing with the need for any such approval,
but this is without prejudice to the temporary provision that may be made in directions falling within subsection (10)(c).
13 The appropriate national authority may make regulations with respect to the procedure to be followed in cases where the Tribunal decide that the variation or proposed variation was not an exempt variation for the purposes of section 132.

C71C121132B Exemption from s.132 for specific variations directed by Tribunal

1 This section applies in relation to any of the following appeals—
F334a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b an appeal under section 131E(2)(a) against a decision that a proposal was an exempt continuation proposal,
c an appeal under section 131E(2)(b) against a decision that a scheme should continue in operation,
d an appeal under section 131F(2) against a decision that a scheme should continue in operation,
e an appeal by virtue of section 132 against a decision to vary a scheme,
f an appeal under section 132A(2)(a) against a decision that a variation was an exempt variation for the purposes of section 132,
g an appeal under section 132A(2)(b) against a decision as to the variation of a scheme under section 132.
2 Where—
a any such appeal is made to the Upper Tribunal, and
b on that appeal, the Tribunal direct the authority or authorities to vary the scheme in the manner specified by the Tribunal in the direction,
nothing in section 132(5) to (9) (procedure for variation of scheme) applies in relation to the varying of the scheme in the manner specified in the direction, unless the Tribunal otherwise direct.
3 Subsection (2) is without prejudice to any right of appeal against the decision of the Upper Tribunal.

C121132C Power of authorities to provide services in exceptional circumstances

1 This section applies where a person who has agreed to provide a service (“the old service”) in accordance with a quality contract ceases to do so before the end of the period for which the contract was intended to have effect.
2 The authority, or any one of the authorities, who entered into the quality contract may, in accordance with subsections (4) to (8) and section 132D, provide a local service (an “interim service”) in place of the old service or any part of it.
3 Subsection (2) has effect notwithstanding any prohibition, restriction or limitation contained in any other enactment on the power of the authority to provide local services.
4 An authority who provide an interim service of any description must hold a PSV operator’s licence to which no condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licence) prohibiting the authority from using vehicles under the licence to provide services of that description.
5 Subsection (6) applies if—
a an authority provide an interim service in place of an old service or any part of an old service, and
b the authority or authorities who entered into the quality contract for the provision of the old service propose to enter into a quality contract for the provision of a replacement service in place of that service or (as the case may be) that part.
6 The authority, or the authorities acting jointly, must invite tenders (in accordance with section 130) for the provision of the replacement service—
a as soon as reasonably practicable after the authority providing the interim service begin to do so, and
b in any event no later than three months after the date on which provision of the old service ceased.
7 But subsection (6) does not apply if the authority, or the authorities acting jointly, decide to secure the provision of the replacement service under section 131 (circumstances in which quality contracts may be entered into without inviting tenders).
8 The particulars of an interim service, or of a replacement service, need not be identical to the particulars of the old service, or that part of the old service, which it replaces.
9 In this section—
  • “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);
  • “interim service” has the meaning given by subsection (2);
  • “the old service” has the meaning given by subsection (1);
  • “replacement service” means a local service provided under a quality contract in place of an old service or any part of an old service.

C121132D Period for which interim service may be provided

1 This section applies for the purpose of determining the period for which an authority may provide an interim service which is provided in place of—
a an old service (“the relevant service”), or
b part of an old service (“the relevant part”).
2 If the authority do not, within the period of three months beginning with the date on which provision of the relevant service ceased,—
a enter into a quality contract to provide a replacement service in place of the relevant service or (as the case may be) the relevant part, or
b issue an invitation to tender in pursuance of section 132C(6),
the authority must not provide the interim service after the end of that period.
3 If the authority enter into a quality contract to provide such a replacement service within the period mentioned in subsection (2), the authority must not provide the interim service after the earlier of the following dates—
a the date on which the replacement service is first provided;
b the date falling nine months after the date on which the interim service is first provided.
4 If the authority issue invitations to tender in pursuance of section 132C(6) within the period mentioned in subsection (2) (but do not enter into a quality contract to provide such a replacement service within that period), the authority must not provide the interim service after the earlier of the following dates—
a the date on which a replacement service is first provided in place of the relevant service or (as the case may be) the relevant part;
b the date determined in accordance with subsection (5).
5 The date is the later of—
a the date falling nine months after the date on which the interim service is first provided;
b such date, not later than three months after the date mentioned in paragraph (a), as may be determined by a traffic commissioner on the application of the authority.
6 A traffic commissioner may determine a date under subsection (5)(b) only if satisfied that there is a realistic prospect that, if the determination is made, a replacement service will be provided in place of the relevant service or (as the case may be) the relevant part on or before that date.
7 Any application to a traffic commissioner under paragraph (b) of subsection (5) must be made at least one month before the date mentioned in paragraph (a) of that subsection.
8 The authority must not make more than one application under subsection (5)(b) in respect of any interim service.
9 In this section—
  • “interim service” and “replacement service” have the meaning given in section 132C;
  • “the relevant service” and “the relevant part” have the meaning given in subsection (1);
and, in any case where the authority entered into the quality contract for the provision of the relevant service jointly with one or more other authorities, references in this section to the authority entering into a quality contract for a replacement service, or issuing invitations to tender for such contracts, are references to those authorities acting jointly.

I112C121133  Regulations about schemes.

1 The appropriate national authority may by regulations make further provision with respect to—
a the procedure to be followed when making, continuing, varying or revoking quality contracts schemes,
b the approval of schemes F52...,
F924bb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F924bc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c the local services or classes of local services which are to be, or may be, excluded from schemes,
d the conditions which must be, or may be, attached to such exclusions, and
e such other incidental matters in connection with quality contracts schemes as the appropriate national authority thinks fit.
2 The regulations may in particular make provision with respect to—
a giving notice of proposed schemes or proposed continuations, variations or revocation of schemes,
b objections to such proposals,
c the holding of inquiries or hearings into objections,
d modifications of such proposals,
e the form and manner of applications for approval of such proposals F590...,
ee the procedure for determining such applications,
F470ef . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F470eg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F470eh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F470ei . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f the form of schemes , continuations or variations, and
g giving notice of schemes which have been made or of the continuation, variation or revocation of schemes.
3 The appropriate national authority may also make regulations modifying or excluding the application of provisions of this Part, so far as relating to quality contracts schemes, in cases where a local transport authority, or two or more local transport authorities acting jointly, do any of the following—
F926a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b propose or decide that a scheme should continue in operation (with or without modification) under section 131A,
c propose or decide to vary or revoke a scheme under section 132.
4 Regulations made by virtue of subsection (3) must not exclude any requirement for the authority or authorities—
a under section 126, to obtain the approval of the Welsh Ministers,
F695b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I113C121134  Transitional provision about schemes.

1 The appropriate national authority may by regulations make such transitional provision as it considers appropriate in connection with—
a the coming into operation of quality contracts schemes or of provisions of such schemes,
b the continuation in operation or variation of such schemes, and
c the ending of such schemes (whether or not as a result of their revocation).
2 The regulations may in particular provide that in prescribed circumstances—
a any provision of sections 6 to 9 of the M42Transport Act 1985 (registration of local services), or of sections 89 to 92 of that Act (obligation to invite tenders etc), which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or
b any such provision which would not otherwise have effect is to have effect or is to have effect with such modifications as may be prescribed,
in relation to the whole or any part of the area to which the scheme relates.
3 Any regulations made by virtue of paragraph (a) of subsection (1) are not to have effect in the case of any quality contracts scheme as respects any time before the making of the scheme.

C121134A Guidance about schemes

1 The appropriate national authority may issue guidance concerning the performance by local transport authorities of their functions under this Part in relation to quality contracts schemes.
2 Those authorities must have regard to any such guidance.

C121134B Quality contracts: application of TUPE

1 Subsection (3) applies to a situation in which—
a on the coming into force of a quality contract, local services cease to be provided by a person (the “former operator”) in the area to which the relevant quality contracts scheme, or (in the case of a scheme which provides for different provisions to come into operation on different dates) the relevant provision of the scheme, relates, in accordance with section 129(1)(b), and
b at the same time, a person (the “new operator”) begins to provide local services in that area under that quality contract.
2 Subsection (3) also applies to a situation in which—
a local services which, on the coming into force of a quality contract, a person (the “former operator”) would be required by virtue of section 129(1)(b) to cease providing in the area mentioned in subsection (1)(a) of this section, cease to be provided by the former operator before the coming into force of that quality contract, and
b at the same time, a person (the “new operator”) begins to provide local services in that area under an agreement which the authority or authorities who made the relevant quality contracts scheme entered into by reason of the cessation of the local services referred to in paragraph (a).
3 Any situation to which this subsection applies is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) (whether or not TUPE would apply apart from this subsection).
4 For the purposes of TUPE, the organised grouping of employees that is subject to the relevant transfer consists of those employees of the former operator whose employment is principally connected with the provision of the local services referred to in subsection (1)(a) or (as the case may be) the local services referred to in subsection (2)(a).
5 Any situation which by virtue of this section is treated as a relevant transfer for the purposes of TUPE is also to be treated as a relevant transfer within the meaning of TUPE for the purposes of sections 257 and 258 of the Pensions Act 2004 and any regulations made under section 258 of that Act.
6 The Secretary of State may make regulations supplementing the provision made by this section.
7 The provision that may be made by regulations under subsection (6) includes—
a provision for determining, for the purposes of subsection (4), whether a person's employment is principally connected with the provision of any particular local services (including provision for or in connection with the appointment of a person to make such determination);
b provision for determining, in the case of any particular organised grouping of employees, the particular new operator who is to be the transferee for the purposes of TUPE (including provision for or in connection with the appointment of a person to make such determination);
c provision requiring any person operating local services in the area to which a quality contracts scheme relates to provide the authority or authorities who made the scheme with such information as may be prescribed, at such time as may be prescribed, about such of that person's employees as would fall within subsection (4) if the person ceased to provide those services in the circumstances described in subsection (1)(a);
d provision requiring the authority or authorities who made a quality contracts scheme to provide all persons operating local services in the area to which the scheme relates with such information as may be prescribed, at such time as may be prescribed, so as to enable such persons to comply with any requirement imposed by virtue of paragraph (c) of this subsection;
e provision requiring the authority or authorities who made a quality contracts scheme to ensure that any quality contract entered into with a person under the scheme, or any other agreement made with a person for the provision of local services in the area to which the scheme relates, is made on terms—
i that require the person, in the event of there being any transferring employees, to secure pension protection for every transferring employee, or every transferring employee of a prescribed description, who as an employee of the former operator had rights to acquire pension benefits, and
ii that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee.
8 For the purposes of this section—
a “transferring employee” means an employee of a former operator whose contract of employment becomes, either by virtue of TUPE or by virtue of this section, a contract of employment with a new operator;
b “pension protection” is secured for a transferring employee if after the change of employer referred to in paragraph (a)—
i the employee has, as an employee of the new operator, rights to acquire pension benefits, and
ii those rights are of such description as is prescribed by regulations.
9 The Secretary of State must exercise the power conferred by this section to make regulations containing provision falling within subsection (7)(e) so as to ensure—
a that pension protection is required to be secured for every transferring original employee who, as an employee of the original operator, had rights to acquire pension benefits, and
b that the rights to acquire pension benefits which a transferring original employee has as an employee of the new operator by virtue of paragraph (a) are rights which—
i are the same as the rights the transferring original employee had as an employee of the original operator, or
ii under provision made by regulations, count as being broadly comparable to, or better than, those rights.
10 For the purposes of subsection (9)—
  • “transferring original employee” means a transferring employee—
    1. who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant quality contracts scheme relates, and
    2. whose contract of employment—
      1. was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, or
      2. on each occasion when the employee was subject to a relevant transfer became, either by virtue of TUPE or by virtue of this section, a contract of employment with a person providing local services in the area referred to in paragraph (a);
  • “relevant date”, in relation to a quality contracts scheme, means—
    1. the date on which the scheme was made, or
    2. where—
      1. the local services being provided by the original operator were not subject to the scheme when it was made, and
      2. as a result of either the variation of the scheme, or the continuation of the scheme with modifications, those services became subject to the scheme,
      the date on which that variation, or (as the case may be) the decision to continue the scheme with those modifications, was made;
  • “relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE.
11 A person is guilty of an offence under this subsection if—
a the person provides information in accordance with a requirement imposed by virtue of subsection (7)(c),
b the information is false or misleading in a material particular, and
c the person knows that it is or is reckless as to whether it is.
12 A person who is guilty of an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Bus services: advanced ticketing schemes

C17C121134C C89Advanced ticketing schemes

C1061 A local transport authority whose area is in England, or two or more such authorities acting jointly, may make a ticketing scheme (an “advanced ticketing scheme”) covering the whole or any part of their area, or combined area, if they consider that the proposed scheme—
a would be in the interests of the public, and
b would contribute to the implementation of their local transport policies.
2 An advanced ticketing scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 134D.
3 An advanced ticketing scheme is a scheme under which operators of local services of a class specified in it are required to make and implement arrangements under which persons may purchase, in a single transaction, a ticket (or tickets) of any of the descriptions which may be covered by an advanced ticketing scheme and to which the scheme applies.
4 The descriptions of tickets which may be covered by an advanced ticketing scheme are—
a tickets entitling the holder to make more than one journey on particular local services or on local services of a class specified in the scheme (whether or not operated by the same person),
b tickets entitling the holder to make a particular journey on two or more local services (whether or not operated by the same person),
c where a particular journey could be made on local services provided by any of two or more operators, tickets entitling the holder to make the journey on whichever service the holder chooses, and
d tickets entitling the holder to make a journey, or more than one journey, involving both travel on one or more local services and travel by one or more connecting rail or tram services.
5 A connecting rail or tram service, in relation to an advanced ticketing scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between—
a a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the ticketing scheme relates, and
b any other place.
6 The arrangements in an advanced ticketing scheme may make provision for different types of ticket including, in particular—
a tickets that are valid for a specified period, and
b tickets that are valid only in a specified area.
7 The arrangements in an advanced ticketing scheme may include—
a provision about enabling tickets to be purchased or fares to be paid in particular ways,
b provision about the persons from whom tickets may be purchased or to whom fares may be paid,
c provision about enabling entitlement to travel to be evidenced in particular ways,
d provision about providing information about the arrangements to the public,
e provision about publicising local services, fares or ticketing arrangements provided or made available by any operator of a local service of a class specified in the scheme, and
f provision as to the appearance of tickets.
8 Different arrangements may be specified in an advanced ticketing scheme for different cases.
C1149 In carrying out their functions under this Part in relation to advanced ticketing schemes, local transport authorities whose areas are in England must co-operate with one another.
C11410 In carrying out their functions under this Part in relation to making or varying advanced ticketing schemes, local transport authorities must have regard to the desirability, in appropriate cases, of having a ticketing scheme that—
a facilitates journeys between the area to which the ticketing scheme applies and adjoining areas of England, or
b facilitates the adoption of similar ticketing arrangements in adjoining areas of England.
C11411 In considering whether to make or vary an advanced ticketing scheme under this section, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.

C73C17C121134D Notice and consultation requirements

1 If a local transport authority for an area in England, or two or more such authorities, propose to make an advanced ticketing scheme under section 134C, they must give notice of the proposed scheme in such manner as they consider appropriate for bringing it to the attention of persons in the area to which it relates.
2 The notice must specify the date on which the scheme is proposed to come into operation.
3 After giving notice of the proposed scheme, the authority or authorities must consult—
a all operators of local services who would, in the opinion of the authority or authorities, be affected by it,
b such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,
c any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by the proposed scheme,
d the Passengers' Council,
e the Competition and Markets Authority, and
f a traffic commissioner.
4 For the purpose of subsection (3)(c) the following are relevant local authorities—
a local transport authorities,
b district councils in England,
c National Park authorities,
d the Broads Authority,
e London transport authorities, and
f councils in Scotland.

C73C17C121134E Making of scheme

1 If, after consulting in accordance with section 134D, the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.
2 If the scheme applies to tickets within section 134C(4)(d), it may only be made with the agreement of the operators of the connecting rail or tram services concerned.
3 The scheme must specify the date on which it is to come into operation, which must not be earlier than three months after the date on which it is made.
4 Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of the making of the scheme—
a in such manner as they consider appropriate for bringing it to the attention of persons in the area to which it relates,
b to a traffic commissioner,
c to all operators of local services or services for the carriage of passengers by railway or by tramway (or by both) who would, in the opinion of the authority or authorities, be affected by it, and
d to the Secretary of State if it applies to tickets within section 134C(4)(d).
5 The notice must set out the terms of the scheme and the date on which it is to come into operation.
6 The authority or authorities to whose area or combined area the scheme relates may vary or revoke the scheme.
7 If the proposed variation would result in the scheme relating to all or part of the area of another local transport authority, the reference in subsection (6) to the authority or authorities includes that other authority.
8 The variation or revocation is subject to the same procedure as the making of the scheme and in the application of that procedure—
a a reference in sections 134C(1) to (9) and 134D and subsections (1) to (5) to making a scheme is to be treated as a reference to varying or revoking a scheme,
b a reference in those provisions to the proposed scheme is to be treated as a reference to the scheme as proposed to be varied or to the proposed revocation of the scheme, and
c a reference in those provisions to the date on which a scheme comes into operation is to be treated as a reference to the date on which the scheme as varied comes into operation or the date on which the scheme comes to an end.

C73C17C121134F Effect of scheme

During any period in which an advanced ticketing scheme is in operation, operators of local services to which the scheme relates must make and implement the arrangements required by the scheme.

C73C17C121134G Guidance

1 The Secretary of State may issue guidance concerning the exercise by local transport authorities of their functions under this Part in relation to advanced ticketing schemes.
2 The authorities must have regard to any such guidance in exercising those functions.

Bus services: ticketing schemes

I114C5C92C17C121135  Joint and through ticketing schemes.

C1101 A local transport authority, or two or more such authorities acting jointly, may make a ticketing scheme covering the whole or any part of their area, or combined area, if they consider that the proposed scheme—
a would be in the interests of the public, and
b would contribute to the implementation of their local transport policies
(but this is subject to subsection (1A)).
1A A local transport authority whose area is in England may exercise the power to make a ticketing scheme only if—
a they are acting jointly with one or more other local transport authorities, and
b at least one of those other local transport authorities is an authority whose area is in Wales.
2 A ticketing scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 136.
3 A ticketing scheme is a scheme under which operators of local services of a class specified in it are required to make and implement arrangements under which persons may purchase, in a single transaction, a ticket (or tickets) of any of the descriptions which may be covered by a ticketing scheme and to which the scheme applies.
4 The descriptions of tickets which may be covered by a ticketing scheme are—
a tickets entitling the holder to make more than one journey on particular local services or on local services of a class specified in the scheme (whether or not operated by the same person),
b tickets entitling the holder to make a particular journey on two or more local services (whether or not operated by the same person),
c where a particular journey could be made on local services provided by any of two or more operators, tickets entitling the holder to make the journey on whichever service the holder chooses, and
d tickets entitling the holder to make a journey, or more than one journey, involving both travel on one or more local services and travel by one or more connecting rail or tram services.
5 A connecting rail or tram service, in relation to a ticketing scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between—
a a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the ticketing scheme relates, and
b any other place.
6 Different arrangements may be specified in a ticketing scheme for different cases.
C267 In carrying out their functions under this Part in relation to ticketing schemes, local transport authorities must co-operate with one another.
C268 In considering whether to make a ticketing scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.

I115C64C17C121136  Notice and consultation requirements.

1 If an authority or authorities propose to make a ticketing scheme, they must give notice of the proposed scheme in at least one newspaper circulating in the area to which it relates.
2 The notice must specify the date on which the scheme is proposed to come into operation.
3 After giving notice of the proposed scheme, the authority or authorities must consult—
a all operators of local services who would, in the opinion of the authority or authorities, be affected by it,
b such organisations appearing to the authority or authorities to be representative of users of local services as they think fit, and
c a traffic commissioner.

I116C27C17C121137  Making of scheme.

1 If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.
2 If the scheme applies to tickets within section 135(4)(d), it may only be made with the agreement of the operators of the connecting rail or tram services concerned.
3 The scheme must specify the date on which it is to come into operation, which must not be earlier than three months after the date on which it is made.
4 Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of it—
a in at least one newspaper circulating in the area to which it relates,
b to a traffic commissioner.
c to all operators of local services or services for the carriage of passengers by railway or by tramway (or by both) who would, in the opinion of the authority or authorities, be affected by it,
d to the Secretary of State if it applies to tickets within section 135(4)(d), and
e in such other manner, or to such other persons or class of person, (if any) as the appropriate national authority may prescribe by regulations.
5 The notice must set out the terms of the scheme and the date on which it is to come into operation.
6 The authority or authorities may vary or revoke the scheme; and the variation or revocation is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified by regulations made by the appropriate national authority.

I117C17C121138  Effect of scheme.

During any period in which a ticketing scheme is in operation, operators of local services to which the scheme relates must make and implement the arrangements required by the scheme.

Bus services: enhanced partnership plans and schemes

C97C121138A Enhanced partnership plans and schemes

1 A local transport authority whose area is in England, or two or more such authorities acting jointly, may make—
a an enhanced partnership plan in relation to the whole or part of their area, or combined area, and
b one or more enhanced partnership schemes relating to the whole or part of the area to which the plan relates.
2 A local transport authority or authorities who have made an enhanced partnership plan may make further enhanced partnership schemes relating to the whole or part of the area to which the plan relates.
3 An enhanced partnership plan is a plan that—
a specifies the area and the period to which the plan relates,
b sets out an analysis of the local services provided in that area,
ba lists which of those local services the authority or authorities consider are socially necessary local services,
c sets out policies relating to local services in that area,
d sets out objectives as regards the quality and effectiveness of local services provided in that area by reference to that period,
e describes how the related enhanced partnership scheme or schemes is or are intended to assist in implementing those policies and achieving those objectives, and
f describes the intended effect of the related enhanced partnership scheme or schemes on areas neighbouring the area to which the plan relates.
4 An enhanced partnership plan must state whether the plan is to be reviewed and, if so—
a specify how it is to be reviewed, and
b specify the dates by which reviews are to be completed.
4A A review under subsection (4) is not to include a review of the list of socially necessary local services required by subsection (3)(ba); but the authority or authorities must keep that list under review and amend it from time to time as appears to them to be necessary.
5 An enhanced partnership scheme is a scheme that—
a specifies the area to which the scheme relates, and
b imposes requirements in relation to local services that have one or more stopping places in that area by specifying them in the scheme (see sections 138C and 138CA).
6 An enhanced partnership scheme may also—
a require the authority or authorities to provide particular facilities in the area to which the scheme relates (see section 138D),
b require the authority or authorities to take particular measures in relation to local services in the whole or part of that area (see section 138D), and
c include provision about its variation or revocation (see section 138E).
7 An enhanced partnership scheme must state whether the operation of the scheme is to be reviewed and, if so—
a specify how it is to be reviewed, and
b specify the dates by which reviews are to be completed.
8 An enhanced partnership plan must include a description of the authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the plan and any related scheme are working.
9 An enhanced partnership scheme may not be made unless the authority or authorities are satisfied that the scheme will contribute to the implementation of—
a the policies set out in the related enhanced partnership plan, and
b their local transport policies.
10 An enhanced partnership scheme may not be made unless the authority or authorities are satisfied that the scheme will—
a bring benefits to persons using local services in the whole or any part of the area to which the scheme relates by improving the quality or effectiveness of those services, or
b reduce or limit traffic congestion, noise or air pollution.
11 An enhanced partnership plan or scheme may not be made unless the authority or authorities have complied with the requirements in—
a section 138F (preparation, notice and consultation), and
b section 138G(1) to (4) (making of plan and scheme).
12 An enhanced partnership plan may not be made without also making an enhanced partnership scheme.
13 In carrying out their functions under this Part in relation to enhanced partnership plans or schemes local transport authorities must co-operate with each other.
14 Before making an enhanced partnership plan, a local transport authority must have regard to the desirability, in appropriate cases, of making an enhanced partnership plan and enhanced partnership schemes jointly with one or more other local transport authorities.
15 In this section and section 138C “socially necessary local service”, in relation to the area to which an enhanced partnership plan relates, means a local service which—
a enables passengers to access—
i essential goods and services,
ii economic opportunities (including employment), or
iii social activities, and
b if cancelled, is likely to have a material adverse effect on the ability of passengers to access those goods, services, opportunities or activities.

C97C121138B Further parties to a scheme

1 Subsection (2) applies if—
a the provision of any of the facilities specified in an enhanced partnership scheme, or
b the taking of any of the measures specified in such a scheme,
requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State is the traffic authority).
2 Where this subsection applies, the scheme may not be made unless it is made by—
a the local transport authority or authorities, and
b the metropolitan district council for the district,
acting jointly.
3 Subsection (4) applies if—
a the provision of any of the facilities specified in an enhanced partnership scheme, or
b the taking of any of the measures specified in such a scheme,
requires the making of a traffic regulation order in respect of a road for which the Secretary of State is the traffic authority.
4 Where this subsection applies, the scheme may not be made unless it is made by—
a the local transport authority or authorities, and
b the Secretary of State,
acting jointly.
5 Where subsection (2) or (4) applies so that a metropolitan district council or the Secretary of State makes an enhanced partnership scheme, then (subject to section 138N) the references to the authority or authorities in—
a sections 138A(6) and (11),
b sections 138F to 138J,
c section 138K(1) and (3) to (5),
d sections 138L and 138M,
e section 138O, and
f paragraph 27(4) of Schedule 9 to the Road Traffic Regulation Act 1984,
include (as well as the local transport authority or authorities) the metropolitan district council or the Secretary of State.
6 Subsection (5) is not to be taken as affecting the area indicated by references in the provisions mentioned in that subsection to the authority's or authorities' area or combined area.

C97C121138C Requirements in respect of local services

1 An enhanced partnership scheme may specify under section 138A(5)(b) requirements about the frequency or timing of particular local services or local services of particular descriptions.
2 A requirement falling within subsection (1) may, in particular, determine the frequency or timing allowed in relation to a local service—
a by reference only to that service, or
b by reference to that service and other local services, taken together.
3 An enhanced partnership scheme may specify under section 138A(5)(b) other requirements as to the standard of services to be provided.
4 The other requirements referred to in subsection (3) include—
a requirements which the vehicles being used to provide local services, or particular descriptions of local services, must meet,
b requirements about enabling tickets to be purchased or fares to be paid in particular ways,
c requirements about enabling entitlement to travel to be evidenced in particular ways,
d requirements about providing information to the public about local services or particular descriptions of local services,
e requirements as to the publicising of local services, fares or ticketing arrangements or particular descriptions of local services, fares or ticketing arrangements,
f requirements as to the appearance of tickets for local services or particular descriptions of local services,
g requirements as to the appearance of vehicles being used to provide local services or particular descriptions of local services,
h requirements as to the prices of multi-operator tickets,
i requirements as to dates upon which operators may change the timing of local services or particular descriptions of local services, and
j requirements as to ticketing arrangements.
5 The requirements that may be specified under subsection (4)(a) include—
a requirements about providing information to passengers by placing particular electronic equipment, or electronic equipment of particular descriptions, in vehicles, and
b requirements about emissions or types of fuel or power.
6 The requirements that may be specified under subsection (4)(b) include requirements about the persons from whom tickets may be purchased or to whom fares may be paid.
7 The requirements that may be specified under subsection (4)(j) include—
a requirements to make arrangements for—
i travel to, within or through particular areas,
ii travel at particular times,
iii travel on particular local services or particular descriptions of local services,
iv travel on particular journeys or on particular descriptions of journey, or
v travel by persons of particular descriptions,
b requirements to make arrangements entitling persons to make a journey, or journeys, involving both travel on one or more local services and travel by one or more connecting rail or tram services, and
c requirements about the terms and conditions upon which such travel is made available.
8 A connecting rail or tram service, in relation to an enhanced partnership scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between—
a a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the scheme relates, and
b any other place.
9 The requirements that may be specified in an enhanced partnership scheme also include requirements—
a as to operators of local services establishing and operating arrangements that facilitate the operation of the scheme;
b that persons using local services in the area to which the scheme relates benefit from any reduction in the cost of operating those services that results from facilities provided or measures taken by—
i the Secretary of State,
ii a local transport authority, or
iii any other person exercising functions of a public nature.
9A An enhanced partnership scheme must—
a specify requirements that apply where the operator of a socially necessary local service listed as required by section 138A(3)(ba) proposes—
i to cancel a registration under section 6 of the Transport Act 1985 in relation to the service, or
ii to vary the registration in such a way as is likely to have a material adverse effect on the ability of passengers to access the goods, services, opportunities or activities mentioned in section 138A(15)(a) in relation to the service;
b require a local transport authority or authorities, having been notified of a proposed cancellation or a proposed variation which is likely to have such an effect, to consider whether any alternative arrangements may be made so as to mitigate that effect.
10 A requirement imposed by an enhanced partnership scheme has effect only in relation to so much of a local service as is provided in the area to which the scheme relates.
11 An enhanced partnership scheme may not impose requirements in relation to the use of vehicles under permits granted under section 22 of the Transport Act 1985.
12 In this section “multi-operator ticket” means a ticket, or a number of tickets purchased in a single transaction, entitling the holder to make a journey that involves or may involve, or journeys that involve or may involve, the use of local services provided by more than one operator.

138CA Requirements enabling travel by persons with disabilities

1 An enhanced partnership scheme may specify under section 138A(5)(b) requirements about enabling persons with disabilities to travel on local services independently, and in safety and reasonable comfort.
2 The requirements may include requirements about securing alternative means for the carriage of a person with a disability where—
a the person cannot travel on a public service vehicle being used to provide a local service because the vehicle’s wheelchair space is occupied and cannot be vacated readily, and
b it is possible for the person, together with any wheelchair, mobility aid or assistance dog which the person has with them, to be carried in safety and reasonable comfort to the person’s intended destination by a taxi or private hire vehicle.
3 Before making an enhanced partnership scheme, a local transport authority must consider whether the requirements proposed to be specified in the scheme will enable persons with disabilities to travel independently, and in safety and reasonable comfort, on local services that have one or more stopping places in the area to which the scheme relates.
4 In this section—
  • “assistance dog” has the meaning given by section 173(1) of the Equality Act 2010;
  • “mobility aid” has the meaning given by section 164A(6) of that Act;
  • “persons with disabilities” means persons who have a disability within the meaning given by section 6 of that Act.

C97C121138D Facilities and measures

1 The facilities which may be specified in an enhanced partnership scheme—
a must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but
b may not be facilities which are required to be provided as a result of section 139 or 140.
2 The measures which may be specified in an enhanced partnership scheme—
a must be measures taken for the purpose of—
i increasing the use of local services F1008... to which the measures relate or ending or reducing a decline in the use of such services, or
ii improving the quality of local services F1008... to which the measures relate, but
b may not include the provision of such facilities as are described in subsection (1)(a) or as are required to be provided as a result of section 139 or 140.
3 The Secretary of State may by regulations make further provision about the measures which may or may not be specified in an enhanced partnership scheme.

C97C121138E Provision relating to variation or revocation

1 An enhanced partnership scheme may specify cases in which the scheme may be varied or revoked in accordance with the scheme.
2 The scheme may provide for variation or revocation in a particular case to be subject to satisfying such conditions as the scheme specifies.
3 The cases that may be specified under subsection (1) as regards variation include cases where the variations in question consist only of such descriptions of variation as are specified in the scheme.
4 The conditions that may be specified under subsection (2) include conditions prohibiting variation or revocation where a number of operators of local services disagree to the variation or revocation.

C97C121138F Preparation, notice and consultation

1 If a local transport authority or authorities propose to make an enhanced partnership plan and scheme, they must—
a give notice of their intention to prepare a plan and scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,
b prepare a plan and scheme for consultation,
c give notice of the plan and scheme prepared to the persons who are operators of qualifying local services in the area to which the plan relates on the relevant day, and
d give notice of the proposal to make the plan and scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area.
2 A notice under subsection (1)(c) must—
a contain full details of the plan and scheme prepared,
b state the effect of subsection (5), and
c require any objections to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).
3 A notice under subsection (1)(d) must—
a contain full details of the plan and scheme proposed, or
b state where such details may be inspected.
4 A local transport authority or authorities proposing to make an enhanced partnership plan and scheme must—
a invite operators of qualifying local services in the area to which the plan relates to participate in the preparation of the plan and scheme before starting to prepare them, and
b invite any person who becomes an operator of a qualifying local service in the area to which the plan relates while the plan and scheme are being prepared to participate in that preparation (including any person who becomes such an operator because of a change in the area to which the plan relates while the plan is being prepared).
4A A local transport authority or authorities may give notice of a proposal under subsection (1)(d) before the end of the objection period if every person to whom the notice under subsection (1)(c) is required to be given has confirmed in writing that they do not intend to object.
5 A local transport authority or authorities may not give notice of a proposal under subsection (1)(d) if, within the objection period—
a a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the plan relates object to the plan prepared, or
b a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the scheme relates object to the scheme prepared.
6 After giving notice of the proposed plan and scheme under subsection (1)(d), the authority or authorities must consult—
a all operators of local services who would, in the opinion of the authority or authorities, be affected by them,
b such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,
ba such persons with disabilities (within the meaning given by section 6 of the Equality Act 2010) who are users or prospective users of local services, or such organisations appearing to the authority or authorities to be representative of such persons, as they think fit,
c any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by them,
d a traffic commissioner,
e the chief officer of police for each police area covering the whole or part of the area to which the plan relates,
f the Passengers' Council,
g the Competition and Markets Authority, and
h such other persons as the authority or authorities think fit.
7 For the purpose of subsection (6)(c) the following are relevant local authorities—
a local transport authorities,
b district councils in England,
c National Park authorities,
d the Broads Authority,
e London transport authorities, and
f councils in Scotland.
8 If a local transport authority or authorities propose to make a scheme or schemes relating to an existing enhanced partnership plan, subsections (1) to (7) have effect as if—
a references to a proposed plan and scheme were references to a proposed scheme or schemes, and
b subsection (5)(a) were omitted.
9 If a local transport authority or authorities propose to make two or more schemes at the same time (whether at the same time as making a plan or in relation to an existing plan), subsection (5)(b) has effect as if references to the scheme were references to one of the schemes in question.
10 The Secretary of State may by regulations—
a specify the descriptions of local services that are qualifying local services for the purposes of this section, and
b specify what constitutes a sufficient number of persons for the purposes of subsection (5)(a) or (b).
11 Regulations under subsection (10)(b) may, in particular—
a require that a plan or scheme be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services in the area in question as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and
b make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.
12 In this section “the relevant day”, in relation to an enhanced partnership plan or scheme prepared by a local transport authority or authorities under subsection (1)(b), means the day before the authority or authorities send out a notice relating to that plan or scheme in accordance with subsection (1)(c).

C97C121138G Making of plans and schemes

1 If, after complying with section 138F as regards a proposal to make an enhanced partnership plan and scheme, a local authority or authorities consider it appropriate to make the plan and scheme, they may make them as proposed or with modifications.
2 If the authority or authorities intend to make the plan and scheme with modifications of one or both of them, the authority or authorities must give notice of their intention to make the plan and scheme, with modifications, to the persons who are operators of qualifying local services in the area to which the plan relates on the relevant day.
3 A notice under subsection (2) must—
a contain full details of the plan and scheme,
b state the effect of subsection (4), and
c require any objections to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).
3A The authority or authorities may make the plan and scheme with modifications before the end of the objection period if every person to whom the notice under subsection (2) is required to be given has confirmed in writing that they do not intend to object.
4 The authority or authorities may not make the plan and scheme with modifications if, within the objection period—
a a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the plan relates object to the plan, or
b a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the scheme relates object to the scheme.
5 Not later than 14 days after the date on which a local transport authority or authorities make an enhanced partnership plan and scheme, the authority or authorities must give notice of the making of the plan and scheme—
a in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,
b to all operators of local services who would, in the opinion of the authority or authorities, be affected by the scheme, and
c to a traffic commissioner.
6 The notice must—
a contain full details of the plan and scheme or state where such details may be inspected, and
b if the plan or scheme made is a modified version of the plan or scheme that was proposed, state that it is a modified version.
7 If the proposal of a local transport authority or authorities is to make a scheme or schemes relating to an existing enhanced partnership plan, subsections (1) to (6) have effect as if—
a references to a plan and scheme were references to a scheme or schemes, and
b subsection (4)(a) were omitted.
8 If the proposal of a local transport authority or authorities is to make two or more schemes at the same time (whether at the same time as making a plan or in relation to an existing plan), subsection (4)(b) has effect as if references to the scheme were references to one of the schemes in question.
9 The Secretary of State may by regulations—
a specify the descriptions of local services that are qualifying local services for the purposes of this section, and
b specify what constitutes a sufficient number of persons for the purposes of subsection (4)(a) or (b).
10 Regulations under subsection (9)(b) may, in particular—
a require that a plan or scheme be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services in the area in question as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and
b make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.
11 In this section “the relevant day”, in relation to a plan or scheme that a local transport authority or authorities intend to make, means the day before the authority or authorities send out notices relating to that plan or scheme in accordance in subsection (2).

C97C121138H Content of scheme

1 If a local transport authority or authorities make a scheme, the scheme must specify—
a the requirements imposed under it,
b the facilities (if any) to be provided under it by the authority or authorities,
c the measures (if any) to be taken under it by the authority or authorities,
d the provision (if any) about variation or revocation of the plan or scheme,
e the date on which it is to come into operation, and
f the period for which it is to remain in operation.
2 The scheme must also specify—
a if a requirement imposed under the scheme is to have effect as from a date after the scheme comes into operation, the date as from which it has effect,
b if any facilities are to be provided under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so provided,
c if any measures to be taken under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so taken,
d if a condition under section 138E is to apply as from a date after the scheme comes into operation, the date as from which it applies, and
e if a condition under section 138E is to cease to apply as from a particular date, the date as from which it ceases to apply.
3 Subject to regulations under section 138P, the scheme may provide that—
a local services specified in it, or
b local services of a class specified in it,
are to be excluded from the scheme.

C97C121138I Postponement of scheme or part of scheme

1 If it appears to a local transport authority or authorities that have made an enhanced partnership scheme appropriate to do so, they may decide that any of the dates specified in subsection (3) are to be postponed by such period as they think fit.
2 A date may not be postponed under subsection (1) by a period or periods which in total exceed 12 months.
3 The dates are—
a the date on which the scheme is to come into operation,
b the date as from which any particular requirement is to be imposed under the scheme,
c the date as from which any particular facilities are to be provided under the scheme,
d the date as from which any particular measures are to be taken under the scheme, and
e the date as from which any particular condition under section 138E applies.
4 Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the scheme.
5 Not later than 14 days after the date on which any such decision is made, they must give notice of the making of the decision—
a in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,
b to all operators of local services who would, in their opinion, be affected by the scheme, and
c to a traffic commissioner.
6 The notice must include a statement of their reasons for the decision.

C97C121138J Effect of plans and schemes

1 If an enhanced partnership scheme requires a local transport authority or authorities to provide particular facilities, they must—
a provide each of the specified facilities not later than the date specified for its provision under the scheme (subject to section 138I), and
b continue to provide it throughout the remainder of the period for which the scheme is in operation.
2 Subsection (1) does not apply in relation to any period during which the authority or authorities are temporarily unable to provide the facilities because of circumstances beyond their control.
3 Subsection (1) does not apply in the case of the Secretary of State if the Secretary of State is unable to provide the facilities because of the variation or revocation of a traffic regulation order.
4 If an enhanced partnership scheme made by a local transport authority or authorities requires them to take particular measures, they must—
a take each of the specified measures not later than the date specified for taking it under the scheme (subject to section 138I), and
b continue to take those measures throughout the remainder of the period for which the scheme is in operation.
5 Subsection (4) does not apply in relation to any period during which the authority or authorities are temporarily unable to take those measures because of circumstances beyond their control.
6 Subsection (4) does not apply in the case of the Secretary of State if the Secretary of State is unable to take the measures because of the variation or revocation of a traffic regulation order.
7 Subsection (8) applies if the enhanced partnership plan or scheme made by a local transport authority or authorities makes provision about—
a one or more reviews of the plan, or
b one or more reviews of the operation of the scheme.
8 The authority or authorities must secure that the review or each review—
a is carried out in the manner specified in the plan or scheme, and
b is completed by the date specified in the plan or scheme as the date for completing that review.
9 If a requirement applies to a local service, the operator of the service must comply with that requirement.
10 Subsection (9) does not apply in relation to services which are excluded from the scheme because of any provision of the scheme made in accordance with section 138H(3).

C97C121138K Variation

1 A local transport authority or authorities to whose area or combined area, or part of it, an enhanced partnership plan relates may vary the plan and any related enhanced partnership scheme.
2 An enhanced partnership plan or scheme may, in particular, be varied by changing the area to which the plan or scheme relates so that—
a it includes the whole or a part of the area of another local transport authority, or
b it ceases to include any part of the area of a local transport authority.
C1403 An enhanced partnership plan or scheme may not be varied unless the authority or authorities have complied with the requirements in—
a section 138L (preparation, notice and consultation), and
b section 138M(1) to (5) (making the variation).
4 An enhanced partnership scheme may not be varied unless the authority or authorities are satisfied that the scheme, as varied, will contribute to the implementation of—
a the policies set out in the related enhanced partnership plan (or those policies as proposed to be varied, if the scheme and the policies in the plan are being varied at the same time), and
b their local transport policies.
5 An enhanced partnership scheme may not be varied unless the authority or authorities are satisfied that the scheme, as varied, will—
a bring benefits to persons using local services in the whole or any part of the area to which the scheme relates by improving the quality or effectiveness of those services, or
b reduce or limit traffic congestion, noise or air pollution.
6 The references in subsections (1) and (3) to (5) and sections 138L and 138M to the local transport authority or authorities—
a in relation to the variation of an enhanced partnership plan, or
b in relation to the variation of an enhanced partnership scheme, if the scheme is proposed to be varied at the same time as the related enhanced partnership plan is proposed to be varied,
include a reference to a local transport authority to no part of whose area the plan relates but to whose area or part of it the plan would relate under a proposed variation.
7 Nothing in this section prevents an enhanced partnership scheme being varied, in accordance with the scheme, in such cases as are allowed by the scheme (see section 138E).
8 Before varying an enhanced partnership plan, a local transport authority must have regard to the desirability, in appropriate cases, of varying a plan so as to include in the area to which the plan relates any part of the area of one or more other local transport authorities.

138KA Variation where scheme includes provision under section 138E

1 A variation of an enhanced partnership scheme may not be made under section 138K in a case to which subsection (2) of this section applies unless—
a the Secretary of State has directed the authority or authorities concerned to make the variation, or
b the variation is one that the authority or authorities are required to make by section 14(4)(b) of the Bus Services Act 2025.
2 This subsection applies to any case specified in the scheme as one in which the scheme may be varied in accordance with the scheme (see section 138E).
3 The Secretary of State may give a direction under this section only if, on an application made by the authority or authorities, the Secretary of State is satisfied that—
a the variation cannot be made in accordance with the scheme because of unreasonable or obstructive behaviour by one or more operators of local services, or
b persons using local services in the area to which the scheme as varied will relate will benefit from the variation of the scheme.
4 A direction under this section does not affect the application of the other requirements that must be met before the scheme can be varied under section 138K.

C97C121138L Variation: preparation, notice and consultation

1 If a local transport authority or authorities propose to vary an enhanced partnership plan or scheme, they must—
a give notice of their intention to prepare changes to the plan or scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,
b prepare the changes,
c give notice of the changes prepared to the persons who are operators of qualifying local services in the area to which the plan (or the plan as proposed to be varied) relates on the relevant day, and
d give notice of the proposal to vary the plan or scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area.
2 A notice under subsection (1)(c) must—
a contain full details of the changes prepared,
b state the effect of subsection (5), and
c require any objections to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).
3 A notice under subsection (1)(d) must—
a contain full details of the changes, or
b state where such details may be inspected.
4 The authority or authorities must—
a invite operators of qualifying local services to participate in the preparation of the changes before starting to prepare them, and
b invite any person who becomes an operator of a qualifying local service while the changes are being prepared to participate in their preparation.
4A A local transport authority or authorities may give notice of a proposal under subsection (1)(d) before the end of the objection period if every person to whom the notice under subsection (1)(c) is required to be given has confirmed in writing that they do not intend to object.
5 A local transport authority or authorities may not give notice of a proposal under subsection (1)(d) if, within the objection period—
a a sufficient number of the persons who are operators of qualifying local services in the area to which the plan relates on the relevant day object to the changes prepared for the plan (if changes to a plan are prepared), or
b a sufficient number of the persons who are operators of qualifying local services in the area to which the scheme relates on the relevant day object to the changes prepared for the scheme (if changes to a scheme are prepared).
6 After giving notice of the proposal under subsection (1)(d), the authority or authorities must consult the Competition and Markets Authority.
7 If a local authority or authorities propose to vary two or more enhanced partnership schemes at the same time, subsection (5)(b) has effect as if references to the scheme were references to one of the schemes in question.
8 The Secretary of State may by regulations—
a specify the descriptions of local services that are qualifying local services for the purposes of this section, and
b specify what constitutes a sufficient number of persons for the purposes of subsection (5)(a) or (b).
9 Regulations under subsection (8)(b) may, in particular—
a require that changes to a plan or scheme be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services in the area in question as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and
b make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.
10 In this section “the relevant day”, in relation to changes to an enhanced partnership plan or scheme prepared by a local transport authority or authorities under subsection (1)(b), means the day before the authority or authorities send out a notice relating to that plan or scheme in accordance with subsection (1)(c).

C97C121138M Variation: making the variation

1 This section applies if a local transport authority or authorities have complied with the requirements of section 138L as regards a proposal to vary an enhanced partnership plan or scheme.
2 If the authority or authorities consider it appropriate to vary the plan or scheme, they may vary the plan or scheme as proposed or with modifications.
3 Before varying the plan or scheme, the authorities must give notice of their intention to vary the plan or scheme, as proposed or with modifications, to persons who were operators of qualifying local services at the qualifying time.
4 The notice under subsection (3) must—
a contain full details of the variation or state where such details may be inspected,
b if the variation made is a modified version of the variation that was proposed, state that it is a modified version,
c state the effect of subsection (5), and
d require any objections by persons who are operators of qualifying local services at the qualifying time to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).
4A The authority or authorities may vary the plan or scheme (with or without modifications) before the end of the objection period if every person to whom the notice under subsection (3) is required to be given has confirmed in writing that they do not intend to object.
5 The authority or authorities may not vary the plan or scheme (with or without modifications) if a sufficient number of the persons who were operators of qualifying local services at the qualifying time object to the variation.
6 Not later than 14 days after the date on which the variation of the plan or scheme is made, the authority or authorities must give notice of the variation—
a in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,
b to all operators of local services who would, in the opinion of the authority or authorities, be affected by it, and
c to a traffic commissioner.
7 The notice must—
a contain full details of the variation or state where such details may be inspected, and
b if the variation made is a modified version of the variation that was proposed, state that it is a modified version.
8 The Secretary of State may by regulations—
a specify the descriptions of local services that are qualifying local services for the purposes of this section,
b provide for the determination of the qualifying time for the purposes of this section,
F1021c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d specify what constitutes a sufficient number of persons for the purposes of subsection (5), and
e specify how a person's objection is to be evidenced.
9 Regulations under subsection (8)(d) may, in particular—
a require that a proposed variation be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and
b make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

C97C121138N Variation: supplementary

1 The relevant references to the authority or authorities in relation to an enhanced partnership scheme—
a include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities or measures, but
b do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities or measures.
2 But if (although the scheme does not specify facilities or measures which are traffic regulation facilities or measures in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references to the authority or authorities in relation to an enhanced partnership scheme (apart from the relevant references in section 138J) include that authority.
3 And if (although the scheme specifies facilities or measures which are traffic regulation facilities or measures in relation to a traffic regulation authority)—
a the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities or measures has been revoked, and
b the scheme is proposed to be varied (but not so that it specifies other facilities or measures which are traffic regulation facilities or measures in relation to that authority),
the relevant references to the authority or authorities in relation to an enhanced partnership scheme (apart from those in section 138J) do not include that authority.
4 For the purposes of this section the relevant references are those in—
a section 138A(6) and (11),
b sections 138F to 138J,
c section 138K(1) and (3) to (5),
d sections 138L and 138M,
e section 138O, and
f paragraph 27(4) of Schedule 9 to the Road Traffic Regulation Act 1984.
5 Subsections (1) and (2) are not to be taken as affecting the area indicated by references in the provisions mentioned in subsection (4) to the authority's or authorities' area or combined area.
6 For the purposes of this section—
a facilities are traffic regulation facilities, in relation to a traffic regulation authority and an enhanced partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so, and
b measures are traffic regulation measures, in relation to a traffic regulation authority and an enhanced partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those measures or would have been required to be a maker of it had it done so.
7 In this section “traffic regulation authority” means—
a a metropolitan district council, or
b the Secretary of State.

C97C121138O Revocation

1 A local transport authority or authorities may, if they consider it appropriate to do so—
a revoke an enhanced partnership plan that relates to the whole or any part of their area or combined area, and
b revoke an enhanced partnership scheme relating to such a plan.
2 A local transport authority or authority may not—
a revoke an enhanced partnership plan without also revoking all enhanced partnership schemes relating to it, or
b revoke all enhanced partnership schemes relating to an enhanced partnership plan without also revoking the plan.
3 A local transport authority or authorities may not revoke an enhanced partnership plan or scheme unless they have complied with subsections (4) to (8).
4 A local transport authority or authorities must give notice of a proposal to revoke an enhanced partnership plan or scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area.
5 After giving notice under subsection (4), the authority or authorities must consult—
a operators of qualifying local services,
b the Competition and Markets Authority, and
c such other persons as the authority or authorities think fit.
6 If, after consulting those persons, the authority or authorities wish to revoke the plan or scheme, they must give notice of their intention to revoke the plan or scheme to persons who were operators of qualifying local services at the qualifying time.
7 The notice under subsection (6) must—
F1023a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b state the authority's or authorities' reasons for revoking the plan or scheme,
c state the effect of subsection (8), and
d require any objections to the revocation by persons who are operators of qualifying local services at the qualifying time to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).
7A The notice under subsection (6) may state the date on which the plan or scheme is to be revoked.
7B The authority or authorities may revoke the plan or scheme before the end of the objection period if every person to whom the notice under subsection (6) is required to be given has confirmed in writing that they do not intend to object.
8 The authority or authorities may not revoke the plan or scheme if a sufficient number of the persons who were operators of qualifying local services at the qualifying time object to the revocation of the plan or (as the case may be) the scheme.
9 Not later than 14 days after the date on which the plan or scheme is revoked, the authority or authorities must give notice of the revocation—
a in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,
b to all operators of local services who would, in the opinion of the authority or authorities, be affected by the revocation, and
c to a traffic commissioner.
10 Nothing in subsections (3) to (8) prevents an enhanced partnership scheme being revoked, in accordance with the scheme, in such cases as are allowed by the scheme (see section 138E).
11 The Secretary of State may by regulations—
a specify the descriptions of local services that are qualifying local services for the purposes of this section,
b provide for the determination of the qualifying time for the purposes of this section,
F1025c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d specify what constitutes a sufficient number of persons for the purposes of subsection (8), and
e specify how a person's objection is to be evidenced.
12 Regulations under subsection (11)(d) may, in particular—
a require that the revocation of a plan or scheme be disagreed to by such number of persons as, together, provide at least such proportion of the qualifying local services as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and
b make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

C97C121138P Regulations about plans and schemes

1 The Secretary of State may by regulations make further provision with respect to—
a the procedure to be followed when making, varying or revoking enhanced partnership plans or schemes,
b the content or operation of schemes which include a requirement falling within section 138C(1),
c the local services or classes of local services which must be, or may be, excluded from schemes,
d the making of traffic regulation orders in connection with schemes, and
e such other incidental matters in connection with schemes as the Secretary of State thinks fit.
2 The regulations may in particular make provision with respect to—
a giving notice of proposed schemes or proposed variations or revocations of enhanced partnership plans or schemes,
b objections to such proposals,
c modifications of such proposals,
d the form of plans, schemes or variations, and
e giving notice of plans or schemes which have been made or of the variation or revocation of plans or schemes.

C97C121138Q Transitional provision about schemes

1 The Secretary of State may by regulations make such transitional provision as the Secretary of State considers appropriate in connection with—
a the making of enhanced partnership plans and schemes,
b the coming into operation of provisions of enhanced partnership plans and schemes,
c the variation of enhanced partnership plans and schemes, and
d the revocation of enhanced partnership plans and schemes.
2 The regulations may in particular provide that in prescribed circumstances—
a any provision of sections 6 to 9 of the Transport Act 1985 (registration of local services), or of sections 89 to 92 of that Act (obligation to invite tenders for subsidised services etc), which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or
b any such provision which would not otherwise have effect is to have effect or is to have effect with such modifications as may be prescribed,
in relation to the whole or any part of the area to which the scheme relates.
3 The regulations may in particular provide for the application of requirements imposed under section 138A(5)(b) to local services that were registered under section 6 of the Transport Act 1985 before the requirements came into force.
4 Regulations made by virtue of subsection (3) may in particular—
a make provision about recording requirements that apply to local services with the registered particulars of those local services;
b make provision requiring the local transport authority or authorities that made an enhanced partnership scheme to notify a traffic commissioner of the local services or the descriptions of local services to which each requirement specified in the scheme would apply, subject to such exceptions as may be prescribed;
c make provision for the cancellation of the registration of local services that could not be provided in accordance with requirements falling within section 138C(1);
d make provision about the determination by the local transport authority or authorities that made an enhanced partnership scheme of what local services may be registered under section 6 of the Transport Act 1985 in place of local services whose registrations are cancelled under paragraph (c), including provision for awarding contracts authorising the provision of local services or local services of particular descriptions;
e make provision as to the period during which the registration, or variation of registration, of local services is subject to provision under paragraph (d);
f make provision for cancellation under paragraph (c) to be revoked if prescribed conditions are satisfied, including conditions relating to the variation or cancellation under section 6 of the Transport Act 1985 of the registration of one or more of the local services affected;
g make provision for the time at which cancellation under paragraph (c) becomes effective to be postponed in prescribed circumstances;
h make provision for appeals against—
i decisions to record or not to record requirements under paragraph (a);
ii decisions to cancel registrations of local services under paragraph (c).
5 Regulations made by virtue of subsection (4)(h) may in particular include provision about—
a to whom an appeal may be made;
b how an appeal may be made and dealt with;
c further appeals;
d who may be parties to an appeal or further appeal.
6 In this section “registered particulars”, in relation to a local service, means the particulars of the service required to be registered under section 6 of the Transport Act 1985.

C97C121138R Guidance about plans and schemes

1 The Secretary of State may issue guidance concerning the carrying out by local transport authorities and metropolitan district councils of their functions under this Part in relation to enhanced partnership plans and schemes.
2 Those authorities and councils must have regard to any such guidance.

C97C121138S Application of TUPE

1 Subsection (3) applies to a situation in which—
a on the coming into force of an awarded contract, one or more local services cease to be provided by a person (the “former operator”) in the area to which the relevant enhanced partnership scheme relates because the cancellation of the registration of the service or services under a relevant provision becomes effective, and
b at the same time, a person (the “new operator”) begins to provide one or more local services in that area by virtue of that awarded contract.
2 Subsection (3) also applies to a situation in which—
a one or more local services which, on the coming into force of an awarded contract, a person (the “former operator”) would be required to cease providing in the area mentioned in subsection (1)(a) of this section because the cancellation of the registration of the service or services under a relevant provision would have become effective, cease to be provided by the former operator before the coming into force of that awarded contract, and
b at the same time, a person (the “new operator”) begins to provide one or more local services in that area under an agreement which the authority or authorities operating the relevant enhanced partnership scheme entered into by reason of the cessation of the local service or services referred to in paragraph (a).
3 Any situation to which this subsection applies is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) (whether or not TUPE would apply apart from this subsection).
4 For the purposes of TUPE, the organised grouping of employees that is subject to the relevant transfer consists of those employees of the former operator whose employment is principally connected with the provision of the local services referred to in subsection (1)(a) or (as the case may be) the local services referred to in subsection (2)(a).
5 Any situation which by virtue of this section is treated as a relevant transfer for the purposes of TUPE is also to be treated as a relevant transfer within the meaning of TUPE for the purposes of—
a sections 257 and 258 of the Pensions Act 2004, and
b any regulations made under section 258 of that Act.
6 The Secretary of State may make regulations supplementing the provision made by this section.
7 The provision that may be made by regulations under subsection (6) includes—
a provision for determining, for the purposes of subsection (4), whether a person's employment is principally connected with the provision of any particular local services (including provision for or in connection with the appointment of a person to make such determination);
b provision for determining, in the case of any particular organised grouping of employees, the particular new operator who is to be the transferee for the purposes of TUPE (including provision for or in connection with the appointment of a person to make such determination);
c provision requiring any person operating local services in the area to which an enhanced partnership scheme relates to provide the authority or authorities operating the scheme with such information as may be prescribed, at such time as may be prescribed, about such of that person's employees as would fall within subsection (4) if the person ceased to provide those services in the circumstances described in subsection (1)(a);
d provision requiring the authority or authorities operating an enhanced partnership scheme to provide all persons operating local services in the area to which the scheme relates with such information as may be prescribed, at such time as may be prescribed, so as to enable such persons to comply with any requirement imposed by virtue of paragraph (c) of this subsection;
e provision requiring the authority or authorities operating an enhanced partnership scheme to ensure that any awarded contract entered into with a person because of the scheme, or any other agreement made with a person for the provision of local services in the area to which the scheme relates, is made on terms—
i that require the person, in the event of there being any transferring employees, to secure pension protection for every transferring employee, or every transferring employee of a prescribed description, who as an employee of the former operator had rights to acquire pension benefits, and
ii that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee.
8 For the purposes of this section—
a “transferring employee” means an employee of a former operator whose contract of employment becomes, either by virtue of TUPE or by virtue of this section, a contract of employment with a new operator;
C49b “pension protection” is secured for a transferring employee if after the change of employer referred to in paragraph (a)—
i the employee has, as an employee of the new operator, rights to acquire pension benefits, and
ii those rights are of such description as is prescribed by regulations.
9 The Secretary of State must exercise the power conferred by this section to make regulations containing provision falling within subsection (7)(e) so as to ensure—
a that pension protection is required to be secured for every transferring original employee who, as an employee of the original operator, had rights to acquire pension benefits, and
b that the rights to acquire pension benefits which a transferring original employee has as an employee of the new operator by virtue of paragraph (a) are rights which—
i are the same as the rights the transferring original employee had as an employee of the original operator, or
ii under provision made by regulations, count as being broadly comparable to, or better than, those rights.
10 For the purposes of subsection (9)—
  • “transferring original employee” means a transferring employee—
    1. who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant enhanced partnership scheme relates, and
    2. whose contract of employment—
      1. was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, or
      2. on each occasion when the employee was subject to a relevant transfer became, either by virtue of TUPE or by virtue of this section, a contract of employment with a person providing local services in the area referred to in paragraph (a);
  • “relevant date”, in relation to an enhanced partnership scheme, means—
    1. the date on which the scheme was made, or
    2. where—
      1. the local services being provided by the original operator were not subject to the scheme when it was made, and
      2. as a result of the variation of the scheme, those services became subject to the scheme,
      the date on which that variation was made;
  • “relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE.
11 In this section—
  • “awarded contract” means a contract authorising a person to provide a local service that is awarded in accordance with—
    1. regulations made by virtue of section 6E(6) of the Transport Act 1985 (provision for services to be allocated), or
    2. regulations made by virtue of section 138Q(4)(d);
    and an awarded contract is to be regarded as in force when the authority to provide a service has effect;
  • “relevant provision” means—
    1. section 6E(2) of the Transport Act 1985 (cancellation where incompatibility with a requirement falling within section 138C(1)), or
    2. regulations made by virtue of section 138Q(4)(c).

Bus services: provision of information

I118C105C97C121139  Information about bus services.

1 Each local transport authority must from time to time determine, having regard to their local transport policies —
a what local bus information should be made available to the public (“the required information”), and
b the way in which it should be made available (“the appropriate way”).
2 Before making such a determination, the authority must consult—
a such organisations appearing to the authority to be representative of users of local services as they think fit, and
b a traffic commissioner.
3 Each authority must from time to time ascertain whether the required information is being made available to the public in the appropriate way.
4 Subsection (5) applies if an authority consider that—
a the required information is not being made available to the public to any extent, or
b that information is not being made available to the public in the appropriate way.
5 If this subsection applies, the authority must seek to make arrangements with the operators of the local services concerned under which those operators agree to make the information available (or to make it available in that way).
6 In this section “local bus information”, in relation to a local transport authority, means—
a information about routes and timetabling of local services to, from and within the authority’s area,
b information about fares for journeys on such local services, and
c such other information about facilities for disabled persons, travel concessions, connections with other public passenger transport services or other matters of value to the public as the authority consider appropriate in relation to their area.

I119C97C121140  Duty of authority to make information available.

1 If the authority are unable to make satisfactory arrangements with one or more of those operators, they—
a must make available, or secure that there is made available, in the appropriate way such of the required information as is not being made available or is not being made available in that way (whether by virtue of arrangements made under section 139(5) or otherwise), and
b may recover from that operator or those operators the reasonable costs incurred by them in doing so as a civil debt due to them.
2 In determining for the purposes of subsection (1)(b) what is reasonable in relation to a particular operator, the authority must have regard to—
a the amount of information which has to be made available, and
b the way in which that information has to be made available,
in respect of the local services provided by that operator.
3 If the authority require an operator to provide information to them or to another person in order to perform their duty under subsection (1)(a), the operator must provide the information at such times and in such manner as is specified by the authority.
4 The authority must give notice of any requirement imposed under subsection (3) to a traffic commissioner.

I120C97C121141  Bus information: supplementary.

1 In considering how they should carry out their functions under sections 139 and 140, a local transport authority must have regard to a combination of economy, efficiency and effectiveness.
2 In carrying out those functions, local transport authorities—
a must not act in such a way as to discriminate (whether directly or indirectly) against any operator, or class of operator, of local services, and
b must co-operate with one another.
3 A local transport authority must have regard to the desirability, in appropriate cases, of carrying out those functions jointly with another authority (whether as respects the whole or any part of their combined area).

C97C121141A Power to require provision of information about English bus services

1 The Secretary of State may by regulations require—
a applicants for the registration of relevant local services, or for the variation or cancellation of any such registration, to provide prescribed information—
i in relation to the services, or
ii in connection with the application;
b operators of registered relevant local services to provide prescribed information in relation to the services;
c local transport authorities to provide prescribed information in relation to relevant local services which have one or more stopping places in their areas;
d traffic commissioners to provide prescribed information that is held by them in relation to relevant local services.
2 The information that may be prescribed is such information within subsection (3) as appears to the Secretary of State to be required—
a in order to make information about relevant local services available to users or prospective users of those services, or
b in order to facilitate the exercise of functions relating to the registration of relevant local services.
3 The information within this subsection is—
a information about routes, stopping places, timetables, fares and tickets,
b information about changes or proposed changes to routes, stopping places, timetables, fares and tickets, and
c information about the operation of the services.
4 The information within subsection (3)(c) includes—
a live information, that is to say information provided immediately it becomes available about the location of vehicles operating the services and the time at which they stop, or are expected to stop, at stopping places, and
b information about the operation of the services in the past.
5 The regulations may make provision about—
a the person to whom the information is to be provided,
b the time when it is to be provided, and
c the manner and form in which it is to be provided (including, in particular, provision requiring it to be provided electronically).
6 The provision made under subsection (5)(a) may not require the information to be provided to a person other than—
a the Secretary of State;
b a local transport authority whose area is in England;
c a person prescribed in the regulations, being a person who provides or facilitates the provision of, or is to provide or facilitate the provision of, information about relevant local services to users or prospective users of those services.
7 The regulations may provide that a reference in the regulations to a standard according to which the information is to be provided is to be construed as a reference to that standard as it has effect from time to time.
8 The regulations may make provision as to the use and disclosure of the information, including—
a provision for the information to be made available free of charge and without restrictions on its use and disclosure, and
b provision for information provided in connection with an application for registration, or for the variation or cancellation of a registration, to be provided to a traffic commissioner.
9 The regulations may make different provision for different areas.
10 Before making regulations under this section the Secretary of State must consult—
a such persons or organisations as appear to the Secretary of State to represent the interests of operators and users of relevant local services,
b such persons or organisations as appear to the Secretary of State to represent the interests of local transport authorities whose areas are in England, and
c such other persons or organisations as the Secretary of State considers appropriate.
11 The references to traffic commissioners in subsections (1)(d) and (8)(b) are to be read as including references to any local transport authority carrying out the functions of a traffic commissioner in accordance with section 6G of the Transport Act 1985.
12 In this section—
a “relevant local service” means a local service which has one or more stopping places in the relevant area,
b references to registration, in relation to a relevant local service, are to registration under section 6 of the Transport Act 1985,
c “prescribed” means prescribed by regulations under this section, and
d “relevant area” means England outside Greater London.
13 Where a local service is or is to be provided both inside and outside the relevant area, any part of the service which is or is to be provided outside the relevant area is to be treated as a separate service for the purposes of subsection (12)(a) if there is any stopping place for that part of the service outside the relevant area.

Bus services: miscellaneous

I121C97C121142  Traffic regulation conditions to reduce or limit pollution.

In section 7 of the M43Transport Act 1985 (traffic regulation conditions to be met in provision of local services subject to registration), in subsection (4) (reasons for which conditions may be determined), insert at the end

I122C97C121143  Power to obtain information about local services.

1 A local transport authority may, in connection with the exercise of any of their functions relating to public transport, require an operator of local services to provide them with any information relating to the matters specified in subsection (2) which is in his possession or control.
2 The matters referred to in subsection (1) are—
a the total number of journeys undertaken by passengers on the local services operated by the operator in the authority’s area or any part of its area,
b the structure of fares for those journeys, and
c the total distance covered by vehicles used by him in operating those local services.
3 The operator may be required to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it.
4 No information which—
a has been provided under this section, or provided together with information so provided, and
b relates to the affairs of an individual or to a particular business,
shall be disclosed during the lifetime of the individual or while the business continues to be carried on.
5 But subsection (4) does not apply to a disclosure made—
a with the consent of the individual or the person for the time being carrying on the business,
C2b in connection with the investigation of crime or for the purposes of criminal proceedings,
c for the purposes of civil proceedings brought by virtue of this Act or the M44Transport Act 1985, or
d in order to comply with the order of a court or tribunal.
6 A person who discloses information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

C97C121143A Power to obtain information: franchising schemes

1 A franchising authority may, in connection with their functions under this Part in relation to franchising schemes, require an operator of local services to provide them with such relevant information about local services operated by the operator in the authority's area, or any part of it, as the operator possesses or controls.
2 If two or more franchising authorities are exercising functions under this Part in relation to the same franchising scheme or proposed franchising scheme, each of them may, in connection with their functions under this Part in relation to franchising schemes, require an operator of local services to provide them with such relevant information about local services operated by the operator in the authorities' areas, or any part of those areas, as the operator possesses or controls.
3 For the purposes of this section, information about the local services operated by an operator in an area is relevant information if it is—
a information about the total number of journeys undertaken by passengers on the local services operated by the operator in the area;
b information about the structure of fares for journeys on those local services;
c information about revenue received from those local services, including information about revenue attributable to particular types of fares or derived from journeys undertaken on particular parts of those local services;
d information about the total distance covered by vehicles used by the operator in operating those local services;
e information about persons employed by the operator in the provision of those local services;
f information about journeys that the operator has forecast will be undertaken by passengers on those services and revenue that the operator has forecast will be received from those services;
g information of such description as is specified in regulations made by the Secretary of State.
4 The powers in subsections (1) and (2) may not be used to require an operator to provide information relating to periods that fall more than five years before the date of the demand.
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6 The operator may be required—
a to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect the operator to provide it, and
b to provide the information before the end of such reasonable period as may be specified by the franchising authority.
7 If it appears to a franchising authority that an operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under this section, the authority must inform a traffic commissioner.
8 A franchising authority that have obtained information under this section may—
a use the information for the purposes of their functions under this Part in relation to franchising schemes, and
b supply the information to a person specified in subsection (9) for use in connection with the same franchising scheme or the same proposed franchising scheme.
9 The persons referred to in subsection (8) are—
a a franchising authority;
b a person providing services to a franchising authority;
c a person carrying out functions under section 123D.
10 The requirements in sections 123E and 123G about publishing documents do not require a franchising authority to publish information obtained by the authority, or another franchising authority exercising functions under this Part in relation to the same franchising scheme or proposed franchising scheme, under this section if it is information that the authority could refuse to disclose in response to a request under—
a the Freedom of Information Act 2000, or
b the Environmental Information Regulations 2004 (S.I. 2004/3391) or any regulations replacing those regulations.

C97C121143B Power to obtain information about local services: enhanced partnership schemes

1 If a local transport authority in England, or two or more such authorities acting jointly, are preparing an enhanced partnership plan or scheme, the authority or any of the authorities may, in connection with preparing the plan or scheme, require an operator of a local service in their area or combined area to supply relevant information.
2 A local transport authority in England that are party to an enhanced partnership plan may, in connection with any relevant function, require an operator of a local service in their area, or in the combined area of the authority and any other local transport authority in England that are party to the plan, to supply relevant information.
3 If an enhanced partnership plan is proposed to be varied so as to include another local transport authority in England, that authority may, in connection with determining whether and how to vary an enhanced partnership plan or scheme, require an operator of a local service in their area, or in the combined area of that authority and any other local transport authority in England that would be party to the plan as it is proposed to be varied, to supply relevant information.
4 The operator may be required—
a to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it, and
b to provide the information before the end of such reasonable period as may be specified by the local transport authority.
4A A local transport authority or authorities may not require an operator to supply information under this section unless, at least 14 days before imposing the requirement, they have given notice to the operator—
a of their intention to impose the requirement, and
b of the date on which they intend to do so and the period that they intend to allow for the provision of the information.
4B When imposing the requirement the authority or authorities must have regard to any representations made by the operator in response to the notice under subsection (4A).
5 If it appears to a local transport authority that an operator of a local service has failed to take all reasonable steps to comply with a request under this section, the authority must inform a traffic commissioner.
6 A local transport authority that have obtained information under this section in connection with a function relating to an enhanced partnership plan or scheme may—
a use the information for the purposes of the function for which it was obtained, and
b supply the information to a person specified in subsection (7) for use for those purposes in connection with the same plan or scheme.
7 The persons referred to in subsection (6) are—
a a local transport authority;
b the Secretary of State;
c a metropolitan district council;
d a person providing services to a local transport authority, the Secretary of State or a metropolitan district council.
8 A public authority must not disclose information supplied to the authority under this section if it is information which the authority may refuse to disclose in response to a request under the Freedom of Information Act 2000 in reliance on a claim that the information is exempt information by virtue of section 40, 41, 42 or 43 of the Freedom of Information Act 2000.
9 Subsection (8) does not prevent the disclosure of information—
a under subsection (6)(b),
b in the case of information relating to the affairs of an individual who is alive or a particular business that is being carried on, with the consent of the individual or the person for the time being carrying on the business,
c in connection with the investigation of crime or for the purposes of criminal proceedings,
d for the purposes of civil proceedings brought by virtue of this Act or the Transport Act 1985,
e in order to comply with the order of a court of tribunal, or
f in order to comply with a requirement imposed by law.
10 The prohibition in subsection (8) is to be disregarded for the purposes of section 44 of the Freedom of Information Act 2000.
11 In this section—
  • “relevant function” means—
    1. reviewing an enhanced partnership plan or the operation of an enhanced partnership scheme,
    2. determining whether and how to vary an enhanced partnership plan or scheme, or
    3. determining whether to revoke an enhanced partnership plan or scheme;
  • “relevant information” means information relating to a local service or passengers on a local service which is of a description specified in regulations made by the Secretary of State.

F949144  Civil penalties for bus lane contraventions.

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Training of staff

144F Training about crime and anti-social behaviour

1 The holder of a PSV operator’s licence must ensure that the training requirement is fulfilled in relation to any person who—
a drives a public service vehicle being used under the licence to provide a local service, or
b on behalf of the holder of the licence deals directly with—
i passengers travelling on vehicles being used under the licence to provide local services, or
ii issues related to such passengers.
2 The training requirement is that, within the past five years, the person has completed training the aim of which is to assist the person to identify, respond appropriately to and, where safe to do so, prevent—
a criminal offences that would cause a victim or potential victim of the offence to fear for their personal safety, and
b anti-social behaviour, within the meaning given by section 29(1) of the Anti-social Behaviour Act 2003.
3 The Secretary of State may by regulations require holders of PSV operators’ licences—
a to keep such records relating to their compliance with the requirements of this section as are specified or described in the regulations,
b to publish, in such manner and at such times as the regulations specify, such information relating to their compliance with the requirements of this section as is specified or described in the regulations, and
c to provide to the Secretary of State such information relating to their compliance with the requirements of this section as the Secretary of State may require.
4 The Secretary of State may issue guidance about compliance with the requirements of this section and of regulations made under it.
5 The Secretary of State may at any time vary or revoke guidance issued under subsection (4).
6 The Secretary of State must publish—
a guidance issued under subsection (4), and
b any variation or revocation of the guidance.

144G Application of training requirement: services in Wales

1 Subsections (1) and (2) of section 144F apply in relation to a local service which has one or more stopping places in Wales only if regulations made by the Secretary of State so provide.
2 But the regulations may not provide for those subsections to apply in relation to—
a a local service that is provided in fulfilment of a duty imposed on the Welsh Ministers by an Act of Senedd Cymru, or
b a local service to the extent that it is provided in Wales under a permit granted by the Welsh Ministers under an Act of Senedd Cymru.

Mandatory travel concessions for journeys not beginning on the London bus network

F165145  Mandatory concessions outside Greater London.

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C54C121145A England: mandatory concessions for journeys not beginning on the London bus network

1 Any person to whom a current statutory travel concession permit has been issued and who travels on an eligible journey on an eligible service is entitled, on production of the permit, to a concession consisting of a waiver of the fare for the journey by the operator of the service.
2 In subsection (1) “eligible journey” means a journey on one public service vehicle (in one direction) which—
a is between places in England,
b begins at a relevant time, and
c is not one to which section 242(8) of the Greater London Authority Act 1999 (journeys beginning on the London bus network) applies.
3 In this section “statutory travel concession permit” means—
a a permit issued pursuant to subsection (4),
b a permit issued by a London authority relating to the travel concession specified in section 242(8) and (8A) of the Greater London Authority Act 1999 (travel concessions on journeys beginning on the London bus network etc), or
c a permit issued by a London authority pursuant to paragraph 4(2) of Schedule 16 to that Act (free travel scheme in Greater London).
4 A travel concession authority in England other than a London authority must, on an application made to it by any person who appears to the authority to be an elderly or disabled person whose sole or principal residence is in the authority's area, issue to the person free of charge a permit indicating that he is entitled to the concession specified in subsection (1).
5 A permit issued pursuant to subsection (4) must be issued in such form and for such period—
a as may be specified in regulations made by the Secretary of State, and
b subject to that, as the authority issuing the permit considers appropriate.
6 The Secretary of State may issue guidance to travel concession authorities in England to which they must have regard in determining for the purposes of subsection (4) whether a person is a disabled person.
7 Before issuing guidance under subsection (6) the Secretary of State shall consult—
a the Disabled Persons Transport Advisory Committee,
b associations representative of travel concession authorities, and
c such other persons as he thinks fit.
8 The Secretary of State may issue guidance to travel concession authorities in England to which they must have regard in determining for the purposes of subsection (4) whether a person has his sole or principal residence in an authority's area.
9 A person entitled to be issued with a statutory travel concession permit by a travel concession authority under subsection (4) may agree with the authority that he is not to be entitled to—
a the concession specified in subsection (1), and
b the concession provided by virtue of section 242(8) of, or paragraph A1 of Schedule 16 to, the Greater London Authority Act 1999,
for a period in return for being entitled during that period to receive travel concessions under a scheme under section 93 of the Transport Act 1985 to which the authority is a party (if the scheme provides that a person may not receive travel concessions under the scheme unless he so agrees).
10 The Secretary of State may by regulations make provision about agreements within subsection (9).
11 The regulations may in particular make provision—
a requiring the serving of notices before an agreement is made,
b about the form of agreements, and
c as to the period for which a person may agree not to be entitled to the concessions mentioned in subsection (9)(a) and (b).

C121145B Wales: mandatory concessions

1 Any person to whom a current statutory travel concession permit has been issued by a travel concession authority in Wales and who travels on an eligible service on a journey (beginning at any time)—
a between places in the authority's area,
b between a place in the authority's area and a place outside but in the vicinity of that area, or
c between places outside but in the vicinity of that area,
is entitled, on production of the permit, to a concession consisting of a waiver of the fare for the journey by the operator of the service.
2 And if the permit is in a form approved by the Welsh Ministers for the purpose of this subsection, subsection (1) has effect as if each reference in it to the authority's area were to Wales.
3 A travel concession authority in Wales must, on an application made to it by any person who appears to the authority to be an elderly or disabled person residing in its area, issue to the person free of charge a permit, in such form and for such period as the authority considers appropriate, indicating that he is entitled to the concession specified in subsection (1).
4 If it appears to a travel concession authority in Wales issuing a statutory travel concession permit to a disabled person that the person requires the assistance of a companion to travel on journeys on public passenger transport services, the authority must mark that clearly on the permit.
5 Where a person whose current statutory travel concession permit is marked in accordance with subsection (4) is entitled under this section to waiver of the fare for a journey, one companion travelling on the journey with the person (and nominated by the person as the person's companion for that journey) is also entitled to waiver of the fare for the journey.
6 The Welsh Ministers may issue guidance to travel concession authorities in Wales to which they must have regard in determining for the purposes of subsection (3) whether a person is a disabled person.
7 Before issuing guidance under subsection (6) the Welsh Ministers shall consult—
a the Disabled Persons Transport Advisory Committee,
b associations representative of travel concession authorities, and
c such other persons as they think fit.
8 A person entitled to be issued with a statutory travel concession permit by a travel concession authority in Wales may agree with the authority that he is not to be entitled to the concession specified in subsection (1) for a period in return for being entitled during that period to receive travel concessions under a scheme under section 93 of the Transport Act 1985 (if the scheme provides that a person may not receive travel concessions under the scheme unless he so agrees).
9 The Welsh Ministers may by regulations make provision about agreements within subsection (8).
10 The regulations may in particular make provision—
a requiring the serving of notices before an agreement is made,
b about the form of agreements, and
c as to the period for which a person may agree not to be entitled to the concession specified in subsection (1).
11 In this section “statutory travel concession permit” means a permit issued pursuant to subsection (3).

I123C45C38C81C121146  Mandatory concessions: supplementary.

In this Part—
  • “disabled person” means a person who—
    1. is blind or partially sighted,
    2. is profoundly or severely deaf,
    3. is without speech,
    4. has a disability, or has suffered an injury, which has a substantial and long-term adverse effect on his ability to walk,
    5. does not have arms or has long-term loss of the use of both arms,
    6. has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning, or
    7. would, if he applied for the grant of a licence to drive a motor vehicle under Part III of the M45Road Traffic Act 1988, have his application refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol,
  • “elderly person” means a person who has attained the age of 60 years,
  • “eligible service” means—
    1. F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    2. F3... a bus service of a class specified in an order made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales),
  • F947“a half-price travel concession”, in relation to a journey, means reduction of the fare for the journey to not more than one-half of that applicable to an adult who is not entitled to any reduction,
  • “London authority” means a London borough council or the Common Council of the City of London,
  • “relevant time” means—
    1. any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the M46Banking and Financial Dealings Act 1971, or
    2. a time during the period from 9.30 a.m. to 11 p.m. on any other day, and
  • “travel concession authority” means—
    1. a council of a non-metropolitan district in England comprised in an area for which there is no county council,
    2. a county council in England,
    3. a London authority,
    4. a Passenger Transport Executive for an integrated transport area in England, F263...
    5. the Council of the Isles of Scilly, or
    6. a county council or county borough council in Wales.

I124C102C121147  Wales: variation of mandatory concessions

The Welsh Ministers may by order amend either or both of sections 145B and 146 for or in connection with securing that section 145B(1)—
a applies to any person for the time being eligible to receive travel concessions under a scheme under section 93 of the M47Transport Act 1985 or to any such person of a specified description (as well as to any elderly person and any disabled person),
b applies to travel on any public passenger transport service or to travel on any such service of a specified description (as well as to travel on an eligible service),
c applies to a journey between a place in a travel concession authority’s area and a place outside but in the vicinity of that area or to a journey between places outside but in the vicinity of that area (as well as to a journey between places in that area),
d provides for the reduction of fares to less than one-half of those applicable to adults who are not entitled to any reduction or for waiver of fares, or
e applies, or does not apply, to a journey beginning at a specified time.

I125C19C121148  Enforcement.

1 An operator commits an offence if he systematically fails to comply with the obligation under section 145A(1) or 145B(1) during any period.
2 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3 Proceedings for an offence under this section shall not be instituted except—
a by a travel concession authority, or
b by or with the consent of the Director of Public Prosecutions;
and any authority who would not otherwise have power to bring such proceedings shall accordingly have that power.

I126C104C19C121149  Reimbursement of operators.

1 Where—
a an operator provides concessions under section 145A(1) in respect of eligible journeys beginning in the area of a travel concession authority in England, or
b an operator provides concessions under section 145B(1) for persons who reside in the area of a travel concession authority in Wales,
the authority shall reimburse the operator for providing the concessions.
2 Subject to regulations under subsection (3), the arrangements with respect to reimbursement shall be—
a such as the travel concession authority may agree with the operators who provide concessions
i in respect of eligible journeys beginning in the authority's area (if the authority is in England), or
ii for persons who reside in the authority's area (if the authority is in Wales), or
b in the absence of agreement, such as may be determined by the authority (being the same in the case of all of those operators) not later than 28 days before the date on which the arrangements, or any variations of the arrangements, are to come into operation.
3 The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations make provision—
a with respect to the determination by travel concession authorities of the amounts to be paid to individual operators, or to any class of operators, by way of reimbursement,
b as to the manner of making any payments due to operators by way of reimbursement, and
c about the terms on which, and the extent to which, travel concession authorities may employ any person as their agent for the purpose of making payments due to operators by way of reimbursement and the descriptions of persons who may be so employed.

I127C68C19C121150  Procedure for reimbursement arrangements determined by authority.

1 At least four months before the coming into operation of, or of any variations of, any arrangements with respect to reimbursement determined by a travel concession authority in accordance with section 149(2)(b), the authority shall publish the proposed arrangements, or the proposed variations, in such manner as they consider appropriate.
2 Following publication—
a copies of the published material shall be made available at the principal office of the authority,
b a copy of it shall be supplied to every operator of local services who would, in the opinion of the authority, be affected by the proposals, and
c a copy of it shall be supplied to any person on request (whether at the principal office or by post), either free of charge or at a charge representing no more than the cost of providing the copy.
3 An operator who considers that he may be prejudicially affected by the proposals may apply to—
a the Secretary of State (in the case of arrangements determined by a travel concession authority in England), or
b the National Assembly of Wales (in the case of arrangements determined by such an authority in Wales),
for a modification of the proposed arrangements, or proposed variations, on the grounds that there are special reasons why they would be inappropriate with respect to one or more local services provided by him.
4 An application under subsection (3)(a) shall be made by notice in writing given not later than 56 days after the date on which the arrangements, or the variations, come into operation.
4A An application under subsection (3)(b) shall be made by notice in writing given not later than 28 days after the date on which the arrangements, or the variations, come into operation.
5 An application under subsection (3) may not be made unless the applicant has previously given notice in writing of his intention to make the application to the travel concession authority by which the arrangements, or varied arrangements, are being, or have been, determined.
6 The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales)—
a may make regulations as to the form and content of notices under this section and the manner in which they are to be given,
b may appoint a person to determine an application under subsection (3) on his or its behalf, and
c may by regulations make provision as to the procedure to be followed in connection with applications under subsection (3).
7 Regulations made under subsection (6)(c) may in particular make provision—
a as to the conduct of any proceedings held in connection with applications under subsection (3), and
b for applicants or travel concession authorities, or both, to make payments towards the expenses incurred in connection with the determination of such applications.
8 On an application under subsection (3) the Secretary of State or the National Assembly for Wales, or (if a person is appointed under subsection (6)(b) to determine the application) the person so appointed, may direct—
a that the arrangements, or varied arrangements, are to have effect with such modifications as are specified in the direction from the time so specified, and
b that the authority shall make a payment of an amount specified in the direction to the applicant.

Travel concessions in Greater London

I128C121151  Concessions in Greater London.

1 Chapter VIII of Part IV of the M48Greater London Authority Act 1999 (travel concessions on journeys in and around Greater London) has effect subject to the following amendments.
2 Section 240 (travel concessions on journeys in and around Greater London) is amended as follows.
3 In subsections (1) and (2), for “any persons eligible to receive them in accordance with subsection (5) below” substitute “ such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements ”.
4 In subsection (5), for “are persons, or any description of persons,” substitute “ by an authority are persons appearing to the authority to be persons ” and for paragraphs (b) and (c) substitute—
5 After that subsection insert—
6 In section 241(1) (reserve free travel scheme), after “provided for” insert “ all ”.
7 Section 242 (requirements as to scope of concessions which must be given if free travel scheme is not to have effect) is amended as follows.
8 In subsection (1), after “provide” insert “ (a) ” and insert at the end
9 In subsection (2), for “Those journeys” substitute “ The journeys referred to in subsection (1)(a) above ”.
10 In subsection (5), for “The requirements of this section as to scope do” substitute “ Subsection (1)(a) above does ”.
11 In subsection (7), for “the categories of such residents mentioned in paragraphs (a), (b) and (c)” substitute “ a category specified in any one of the paragraphs ”.
F71612 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 In section 243 (requirements as to uniformity), after subsection (5) insert—

Zero-emission vehicles

151A Use of zero-emission vehicles for local services in England

1 The operator of a service that falls within subsection (2) may not use a vehicle that falls within subsection (3) to provide the service in England.
2 A service falls within this subsection if it is—
a a local service which has one or more stopping places in England and which—
i is registered under section 6 of the Transport Act 1985, or
ii is not required to be registered under that section because of section 123J(2) or an exemption granted under section 123PA(1), or
b a London local service (within the meaning given by section 179 of the Greater London Authority Act 1999).
3 A vehicle falls within this subsection if—
a it is constructed or adapted to carry both seated and standing passengers, with the number of seated passengers being more than 22 (determined in accordance with regulations made under section 26 of the Public Passenger Vehicles Act 1981),
b it is first registered under the Vehicle Excise and Registration Act 1994 on or after a date specified in regulations made by the Secretary of State, and
c the tailpipe emissions from it include any of the following—
i carbon dioxide;
ii carbon monoxide;
iii hydrocarbon;
iv nitrogen oxide;
v particulates.
4 The Secretary of State may by regulations—
a specify descriptions of document that may be relied on in order to determine for the purposes of this section what is included in the tailpipe emissions from a vehicle,
b specify descriptions of vehicle in relation to which subsection (1) does not apply, and
c specify local services or descriptions of local service in relation to which subsection (1) does not apply.
5 The date specified under subsection (3)(b) may not be before 1 January 2030.

Financial and competition provisions

I129C84C121152 C90 Agreements providing for service subsidies.

1 Part V of the M50Transport Act 1985 (expenditure on public passenger transport services) is amended as follows.
2 In section 89 (obligation to invite tenders for subsidised services), for subsections (7) and (8) substitute—
3 In section 90(3) (duty of authority to publish reasons for considering that payment of subsidies to secure service in accordance with accepted tender is conducive to achieving most effective and economic application of funds), for the words from “is conducive” to the end substitute “ accords with section 89(7) of this Act. ”
4 In section 92(1) (authorities subsidising public passenger transport services not to inhibit competition between persons providing or seeking to provide such services in their area), for the words from “so conduct” to the end substitute “ have regard to the interests of the public and of persons providing public passenger transport services in their area. ”

I130C84C121153 C90Competition test: functions and agreements relating to buses

1 Schedule 10 contains provision applying competition tests in relation to—
a the exercise of functions relating to advanced quality partnership schemes, quality partnership schemes, advanced ticketing schemes, ticketing schemes , enhanced partnership schemes and subsidised local services,
b voluntary partnership agreements and certain other agreements, decisions and practices relating to bus services.
2 A voluntary partnership agreement is any voluntary agreement under which—
a a local transport authority, or two or more local transport authorities, undertake to provide particular facilities, or to do anything else for the purpose of bringing benefits to persons using local services, within the whole or part of their area, or combined area, and
b one or more operators of local services undertake to provide services of a particular standard.
3 In subsection (2)—
  • “facilities” means—
    1. facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the agreement relates, or
    2. facilities which are ancillary to such facilities;
  • “standard”, in the case of any services, includes—
    1. any requirements which the vehicles being used to provide the services must meet,
    2. any requirements as to frequency or timing of the services,
    3. any requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the agreement applies;
  • “voluntary agreement” means an agreement made otherwise than under sections 113C to 113O (advanced quality partnership schemes), or under sections 114 to 123 (quality partnership schemes).

I131C84C121154 C90 Grants to bus service operators.

C59C108C42C10C86C130C1291 The Secretary of State with the approval of the Treasury (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to operators of eligible bus services towards their costs in operating those services.
2 The Secretary of State with the approval of the Treasury (as respects England) or the National Assembly for Wales (as respects Wales) may make provision by regulations as to the method of calculation of grants.
3 Subject to the provisions of any such regulations, grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by—
a the Secretary of State with the approval of the Treasury (as respects England), or
b the National Assembly for Wales (as respects Wales).
4 A determination under subsection (3) may be made either generally or in relation to particular cases or classes of case.
5 In this section “eligible bus services” means bus services of a class (or using vehicles of a class) prescribed by regulations made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).
6 Section 92 of the M51Finance Act 1965 (grants towards duty charged on bus fuel) and section 111 of the M52Transport Act 1985 (unregistered and unreliable local services: reduction of fuel duty grant) cease to have effect.

154A Grants by local transport authorities in England

1 A local transport authority whose area is in England may make grants to operators of the services mentioned in subsection (2) towards their costs in operating those services in that area.
2 The services are—
a local services which have one or more stopping places in the authority’s area, and
b services which have one or more stopping places in the authority’s area and would be local services but for section 2(4)(b) of the Transport Act 1985.
3 Grants under this section are to be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by the authority.
4 If a local transport authority is a mayoral combined authority, the function under subsection (1) is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority.
5 If a local transport authority is a mayoral CCA, the function under subsection (1) is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority.
6 The Secretary of State may issue guidance as to the exercise of functions under this section by local transport authorities and mayors; and they must have regard to any such guidance.
7 The guidance may, in particular, include guidance—
a about the protection of services mentioned in subsection (2) that are socially necessary,
b about how the services mentioned in that subsection can contribute to economic growth and the protection of the environment, and
c setting out practical considerations to be taken into account when exercising functions under this section.
8 The Secretary of State may at any time vary or revoke guidance issued under subsection (6).
9 The Secretary of State must publish—
a guidance issued under subsection (6), and
b any variation or revocation of the guidance.
10 Section 88(1) of the Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) does not apply in relation to grants under this section.

I132C88C84C121155 C90Sanctions

1 Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse—
a failed to operate a local service registered under section 6 of the M53Transport Act 1985,
aa failed to comply with the requirements of regulations made under section 6(9)(i), (j) or (k) of that Act,
ab failed to comply with a requirement to provide information imposed by virtue of section 6C of that Act,
b operated a local service in contravention of that section or section 113J(4) or (5), 118(4) , 129(1)(b) or 138J(9) of this Act,
ba failed to comply with a requirement imposed by virtue of section 123X(7)(c), 134B(7)(c) or 138S(7)(c) of this Act, or
c failed to comply with section 134F, 138 or 140(3) of this Act, or with regulations under section 141A of this Act
he may make one or more orders under subsection (1A).
1ZA Where a traffic commissioner is satisfied that—
a a person has operated a local service in contravention of section 123J(3) of this Act, and
b in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 123J(3) of this Act,
the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
1ZB Where a traffic commissioner is satisfied that—
a a person has operated a local service in contravention of section 138J(9) of this Act, and
b in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 138J(9) of this Act,
the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
1ZC Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143A of this Act, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
1ZD Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143B the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
1ZE Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse, failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
1A The orders are—
a an order that the operator pay a penalty of such amount as is determined in accordance with subsection (3);
b an order that the operator expend such sum of money as is determined in accordance with subsection (3) in the manner mentioned in subsection (1B);
c an order that the operator provide compensation (see subsection (1C)) to passengers of such description as is specified in the order;
d an order of such other description as the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales) may by order prescribe for the purposes of this paragraph.
1B An order under subsection (1A)(b) may require the operator to expend money on or towards—
a the provision of specified local services or specified facilities to be used in connection with such services;
b specified improvements in such services or facilities.
In this subsection “specified” means specified in the order.
1C Compensation under subsection (1A)(c)—
a may take the form of payments of money, or
b may take such other form (including the provision of free travel or travel at a reduced price) as is specified in the order;
and shall be of such amount, or equivalent in value to such amount, as is determined in accordance with subsection (3).
F7632 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 The amount mentioned in subsections (1A)(a) and (b) and (1C) is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed —
a £550, or
b such other amount as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order specify,
multiplied by the total number of vehicles which the operator is licensed to use under all the PSV operator’s licences held by him.
F4724 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 After making an order under subsection (1A) , the traffic commissioner must at once give notice in writing to—
a the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), and
b the operator.
6 The operator may appeal to the Upper Tribunal against the making of the order.
6A If the operator fails to comply with an order under subsection (1A)(b), (c) or (d), the traffic commissioner may order the operator to pay a penalty of such amount as is determined in accordance with subsection (6B).
6B That amount is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed 110% of the maximum amount which may be ordered in accordance with subsection (3).
7 An amount ordered to be paid under subsection (1A)(a) or (6A) is—
a payable to the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales), and
b recoverable as a civil debt.
8 Other provisions that may need to be considered include the following provisions of the Transport Act 1985—
a sections 26 and 27 (attachment of conditions to PSV operator's licence),
b sections 27A and 27B (additional powers of traffic commissioner where services are not operated as registered etc).

F731C84156 C90 Non-metropolitan transport grants.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I133C84C121157 C90Grants to Integrated Transport Authorities , combined authorities and combined county authorities

1 The Secretary of State may, with the approval of the Treasury, make grants to the Integrated Transport Authority for an integrated transport area in England for the purpose of enabling the Authority, or the Passenger Transport Executive for the area, to carry out any of their functions.
1A The Secretary of State may, with the approval of the Treasury, make grants to a combined authority for the purpose of enabling the authority to carry out any of their functions.
1B The Secretary of State may, with the approval of the Treasury, make grants to a combined county authority for the purpose of enabling the authority to carry out any of their functions.
2 Grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Secretary of State may, with the approval of the Treasury, determine.
3 A determination under subsection (2) may be made either generally or in relation to particular cases or classes of case.

I134C84C121158 C90 Repayment of grants towards bus fuel duty.

1 Section 111 of the M54Transport Act 1985 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)).
2 For subsections (2) to (4) substitute—
3 In subsection (5), omit—
a “to the Secretary of State”, and
b the words from “and any amount” to the end.

I135C84C121159 C90 Abolition of financial plans of Passenger Transport Executives.

Sections 3 to 5 of the M56Transport Act 1983 (duty of Passenger Transport Executives to prepare three-year financial plans and determination of revenue grants) shall cease to have effect.

Supplementary

I136C84160  Part II: regulations and orders.

1 Any power to make regulations or orders under this Part—
a is exercisable by statutory instrument,
b includes power to make different provision for different cases, and
c may be exercised so as to make incidental, consequential, supplementary or transitional provision or savings.
2 A statutory instrument containing regulations or an order made by a Minister of the Crown under this Part (whether alone or jointly with the National Assembly for Wales) , other than regulations under section F995... 138F(10), 138G(9) , 141A(1) or 151A(3)(b) or an order under section 155(1A)(d), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2A A statutory instrument containing regulations under section F996... 138F(10), 138G(9) , 141A(1) or 151A(3)(b) shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
3 A statutory instrument containing an order under section 155(1A)(d) shall not be made—
a as respects England, unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;
b as respects Wales, unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

I137C84161  Part II: minor and consequential amendments.

Schedule 11 makes minor and consequential amendments relating to this Part.

I138C61C84162  Interpretation of Part II.

1 In this Part—
  • “advanced quality partnership scheme” is to be construed in accordance with section 113C(2),
  • “advanced ticketing scheme” is to be construed in accordance with section 134C(3),
  • “appropriate national authority”, in relation to a quality partnership scheme, a quality contracts scheme or a ticketing scheme, means—
    1. F866...
    2. the National Assembly for Wales, as respects a scheme relating to an area in Wales, or
    3. the Secretary of State and the National Assembly for Wales acting jointly, as respects a scheme relating to an area in England and Wales,
  • “bus services” means services using public service vehicles,
  • “community bus permit” means a permit under section 22 of the M57Transport Act 1985,
  • “connecting rail or tram service”—
    1. in relation to an advanced ticketing scheme, has the meaning given by section 134C(3), and
    2. in relation to a ticketing scheme, has the meaning given in section 135(5),
  • “council in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,
  • “disabled person” has the meaning given in section 146,
  • “effective time”, in relation to a local service contract, has the meaning given by section 123J(7),
  • “elderly person” has the meaning given in section 146,
  • “eligible service” has the meaning given in section 146,
  • “enhanced partnership plan” and “enhanced partnership scheme” have the meaning given by section 138A,
  • “exempt continuation proposal” is to be read in accordance with section 131B,
  • “franchising authority” has the meaning given by section 123A(4),
  • “franchising scheme” is to be construed in accordance with section 123A(3),
  • F943“half-price travel concession” has the meaning given in section 146,
  • “interim service” has the meaning given by section 123O,
  • “local service contract” has the meaning given by section 123A(5),
  • “local transport authority” has the meaning given in section 108(4),
  • “local transport policies” has the meaning given in section 108(5),
  • “London authority” has the meaning given in section 146,
  • “London transport authority” means the Greater London Authority, a London borough council or the Common Council of the City of London,
  • “mayoral CCA” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;
  • “mayoral combined authority” has the meaning given by section 107A of the Local Democracy, Economic Development and Construction Act 2009,
  • F668...
  • “quality contract” has the meaning given in section 124(4),
  • “quality contracts scheme” is to be construed in accordance with section 124(3),
  • “quality partnership scheme” is to be construed in accordance with section 114(2),
  • “railway” and “tramway” have the meanings given in section 67(1) of the M58Transport and Works Act 1992,
  • “relevant time” has the meaning given in section 146,
  • “scheme sub-area” has the meaning given by section 123H,
  • “service permit” has the meaning given by section 123P,
  • “ticketing scheme” is to be construed in accordance with section 135(3),
  • “traffic regulation order” means an order under the M59Road Traffic Regulation Act 1984 or any other enactment (other than this Act) regulating the use of roads or other places by public service vehicles, and
  • “travel concession authority” has the meaning given in section 146.
2 In this Part the expressions listed below have the same meaning as in the M60Public Passenger Vehicles Act 1981—
  • “fares”,
  • “modification”,
  • “public service vehicle”,
  • “PSV operator’s licence”,
  • “road”, and
  • “traffic commissioner”.
3 In this Part the expressions listed below have the same meaning as in the M61Transport Act 1985—
  • “local service”,
  • “public passenger transport services”,
  • “stopping place”, and
  • “traffic area”.
4 Where a reference to an authority in any of the following provisions is to an Integrated Transport Authority, it is to be construed as a reference to the Passenger Transport Executive for the integrated transport area concerned; and where a reference to authorities in any of those provisions is to one or more Integrated Transport Authorities, it is to be construed as a reference to the Passenger Transport Executive or Executives for the integrated transport area or areas concerned—
  • section 114(2)(a),
  • section 116(2)(a), (4)(a), (4A)(a) and, in the second place, (4C),
  • section 118(1) and (2),
  • F578...
  • F578...
  • F578...
  • F685...
  • F578...
  • F578...
  • F578...
  • F578...
  • section 139(5), and
  • section 140.
4A Where a reference to an authority in any of the following provisions is to an Integrated Transport Authority, it is to be construed as including a reference to the Passenger Transport Executive for the integrated transport area concerned—
  • section 153(2)(a),
  • in Schedule 10, paragraph 17(5)(b) and (8).
5 References in this Part to Integrated Transport Authorities and Passenger Transport Executives and to integrated transport areas are references respectively to the Integrated Transport Authorities and Passenger Transport Executives, and to integrated transport areas, for the purposes of Part II of the M62Transport Act 1968.
5A In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
5B In this Part “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
F6406 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 References in this Part to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the M63Transport Act 1985.

Part III  Road user charging and workplace parking levy

Chapter I  Road user charging

Charging schemes

I139163  Preliminary.

1 In this Part “ch.arging scheme” means a scheme for imposing charges in respect of the use or keeping of motor vehicles on roads.
2 Charges imposed in respect of any motor vehicle by a charging scheme under this Part shall be paid—
a by the registered keeper of the motor vehicle, or
b in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.
3 A charging scheme may be made—
a by a non-metropolitan local traffic authority (“a local charging scheme”),
b jointly by more than one non-metropolitan local traffic authority (“a joint local charging scheme”),
bb jointly by an Integrated Transport Authority , combined authority or combined county authority and one or more eligible local traffic authorities (“a joint local-ITA charging scheme”),
c jointly by one or more non-metropolitan local traffic authorities and one or more London traffic authorities (“a joint local-London charging scheme”),
cc jointly by an Integrated Transport Authority , combined authority or combined county authority, one or more eligible local traffic authorities and one or more London traffic authorities (“a joint ITA-London charging scheme”), or
d by the Secretary of State or the National Assembly for Wales (“a trunk road charging scheme”).
4 In this Part references to a non-metropolitan local traffic authority are to a local traffic authority for an area outside Greater London.
4A In this Part “eligible local traffic authority” means, in relation to any Integrated Transport Authority for an integrated transport area , combined authority or combined county authority, a local traffic authority which is a council falling within subsection (4B) for—
a an area which lies within the Authority's area,
b an area which adjoins the Authority's area,
c an area which adjoins an area falling within paragraph (b).
4B The councils are—
a a county council in England,
b a council for a non-metropolitan district comprised in an area for which there is no county council,
c a metropolitan district council.
5 In this Part—
a “the charging authority”, in relation to a charging scheme under this Part made or proposed to be made by one authority, means the authority by which the charging scheme is or is proposed to be made, and
b “the charging authorities”, in relation to a charging scheme under this Part made or proposed to be made jointly by more than one authority, means the authorities by which the charging scheme is or is proposed to be made.
5A In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
5B In this Part “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
6 The power to make joint local-London charging schemes and joint ITA-London charging schemes conferred by this Part does not limit any of the powers in Schedule 23 to the M64Greater London Authority Act 1999 (road user charging in Greater London).

I140C98C118164  Local charging schemes.

1 A local charging scheme may only be made in respect of roads for which the charging authority are the traffic authority.
2 A local charging scheme which has effect wholly outside an integrated transport area , the area of a combined authority or the area of a combined county authority may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of the charging authority.
3 A local charging scheme which has effect wholly within an integrated transport area , the area of a combined authority or the area of a combined county authority may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of—
a the charging authority, and
b the Integrated Transport Authority for the integrated transport area or (as the case may be) the combined authority or combined county authority.
4 For the purposes of this section and sections 165 and 166—
a a charging scheme has effect wholly outside an integrated transport area if none of the roads in respect of which it is made is in such an area;
b any reference to a charging scheme which has effect wholly, or partly, within an integrated transport area is to be read accordingly.

I141C72165  Joint local charging schemes.

1 A joint local charging scheme may only be made in respect of roads for which any of the charging authorities are the traffic authority.
2 A joint local charging scheme which has effect wholly outside an integrated transport area , the area of a combined authority or the area of a combined county authority may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of the charging authorities.
3 A joint local charging scheme which has effect wholly or partly within an integrated transport area , the area of a combined authority or the area of a combined county authority may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of—
a the charging authorities, and
b the Integrated Transport Authority for the integrated transport area or (as the case may be) the combined authority or combined county authority.
4 Section 164(4) has effect for the purposes of this section.

165A Joint local-ITA charging schemes

1 A joint local-ITA charging scheme may only be made—
a in respect of roads for which any of the charging authorities are the traffic authority, and
b if at least one of the roads in respect of which it is made is within the integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority or combined county authority.
2 A joint local-ITA charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of the charging authorities.

I142C91166  Joint local-London charging schemes.

1 A joint local-London charging scheme may only be made in respect of—
a roads for which the non-metropolitan local traffic authority, or any of the non-metropolitan local traffic authorities, by which it is made are the traffic authority, and
b roads in respect of which the London traffic authority, or any of the London traffic authorities, by which it is made may impose charges by a scheme under Schedule 23 to the M65Greater London Authority Act 1999 without the consent of the Secretary of State.
2 A joint local-London charging scheme which has effect wholly outside an integrated transport area , the area of a combined authority or the area of a combined county authority may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—
a local transport policies of the non-metropolitan local traffic authority, or F129... the non-metropolitan local traffic authorities, by which it is made, and
b policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the M66Greater London Authority Act 1999.
3 A joint local-London charging scheme which has effect partly within an integrated transport area , the area of a combined authority or the area of a combined county authority may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—
a local transport policies of the non-metropolitan local traffic authority, or the non-metropolitan local traffic authorities, by which the scheme is made,
b local transport policies of the Integrated Transport Authority for the integrated transport area or (as the case may be) the combined authority or combined county authority, and
c policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999.
4 Section 164(4) has effect for the purposes of this section.

166A Joint ITA-London charging schemes

1 A joint ITA-London charging scheme may only be made—
a in respect of roads falling within subsection (2), and
b if at least one of the roads in respect of which it is made is within the integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority or combined county authority.
2 The roads are—
a roads for which the eligible local traffic authority, or any of the eligible local traffic authorities, by which the scheme is made are the traffic authority, and
b roads in respect of which the London traffic authority, or any of the London traffic authorities, by which the scheme is made may impose charges by a scheme under Schedule 23 to the Greater London Authority Act 1999 without the consent of the Secretary of State.
3 A joint ITA-London charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—
a local transport policies of the eligible local traffic authority, or the eligible local traffic authorities, by which the scheme is made,
b local transport policies of the Integrated Transport Authority , combined authority or combined county authority by which the scheme is made, and
c policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999.

I143167  Trunk road charging schemes.

1 A trunk road charging scheme may only be made—
a by the Secretary of State in respect of roads for which he or a strategic highways company is the traffic authority, or
b by the National Assembly for Wales in respect of roads for which it is the traffic authority.
2 A trunk road charging scheme under subsection (1)(a) may only be made in respect of a road if—
a the road is carried by a bridge, or passes through a tunnel, of at least 600 metres in length, or
b a local traffic authority , an Integrated Transport Authority, a combined authority , a combined county authority or Transport for London has requested the charging authority to make the trunk road charging scheme in connection with a charging scheme under this Part, or a scheme under Schedule 23 to the M67Greater London Authority Act 1999, made or proposed by them.
3 A trunk road charging scheme under subsection (1)(b) may only be made in respect of a road if—
a the road is carried by a bridge, or passes through a tunnel, of at least 600 metres in length,
b the scheme is made for the purpose of reducing or limiting air pollution in the vicinity of the road (which may comprise or include a length of road of the kind described in paragraph (a)), or
c a local traffic authority have requested the charging authority to make the scheme in connection with a charging scheme under this Part made or proposed by them.
4 Subsection (3)(b) does not prevent a scheme made by virtue of subsection (3)(c) from being made for the purpose of reducing or limiting air pollution.

Making of charging schemes

I144168  Charging schemes to be made by order.

1 A charging scheme under this Part is made by order of the charging authority or of the charging authorities (acting jointly).
2 The charging authority or the charging authorities (acting jointly) may by order vary a charging scheme under this Part and the charging authority or any of the charging authorities may by order revoke such a scheme; but where a trunk road charging scheme is made at the request of a local traffic authority , an Integrated Transport Authority, a combined authority , a combined county authority or Transport for London, it shall not be varied or revoked unless the local traffic authority or the Integrated Transport Authority, the Integrated Transport Authority , the combined authority or the combined county authority, or Transport for London, have been consulted about its variation or revocation.
3 The appropriate national authority may make regulations about orders making, varying or revoking charging schemes under this Part, including (in particular)—
a provision specifying the form of orders,
b provision about the publication of proposals for orders making or varying such charging schemes and the making and consideration of objections to such proposals, and
c provision about the publication of notice of orders and of their effect.
4 Before making regulations under subsection (3) which relate to joint local-London charging schemes or joint ITA-London charging schemes the Secretary of State shall consult the Greater London Authority about the regulations so far as they so relate.

I145169  Confirmation of charging schemes.

1 A charging scheme under this Part which relates wholly or partly to Wales, other than a trunk road charging scheme, shall not come into force unless the order making it has been submitted to and confirmed by the Welsh Ministers; and a variation of such a charging scheme shall not take effect until the order making the variation has been so submitted and confirmed.
2 Subsection (1) does not apply in such circumstances as may be specified in or determined in accordance with regulations made by the Welsh Ministers.
3 A joint local-London charging scheme or joint ITA-London charging scheme shall not come into force unless the order making it has been submitted to and confirmed by the Greater London Authority; and a variation or revocation of such a charging scheme shall not take effect until the order making the variation or revocation has been so submitted and confirmed.
4 Where confirmation of an order is required by this section, the order may be confirmed with or without modifications.
F5805 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I146170  Charging schemes: consultation and inquiries.

1A Where the charging authority or any of the charging authorities are—
a a local traffic authority for an area in England, or
b an Integrated Transport Authority , a combined authority or a combined county authority,
that authority or those authorities (acting alone or jointly) must consult such local persons, and such representatives of local persons, as they consider appropriate about the charging scheme.
1B In subsection (1A)—
  • “local persons” means any persons who are likely to be affected by, or interested in, the making of the scheme;
  • “representatives” means any persons who appear to the charging authority or charging authorities to be representative of local persons.
1C In any other case, the charging authority or the charging authorities (acting jointly) may, at any time before an order making, varying or revoking a charging scheme under this Part is made, consult such persons as they consider appropriate about the charging scheme, variation or revocation.
2 The charging authority or the charging authorities (acting jointly)—
a may cause an inquiry to be held in relation to a charging scheme under this Part, or the variation or revocation of such a scheme, and
b may appoint the person or persons by whom such an inquiry is to be held.
3 The Welsh Ministers may at any time—
a before an order making or varying a charging scheme under this Part which relates wholly or partly to Wales (other than a trunk road charging scheme) is made, or
b (where such an order has to be confirmed) before it is confirmed,
consult other persons, or require the charging authority or authorities to consult other persons, about the charging scheme or variation.
4 The Welsh Ministers —
a may cause an inquiry to be held in relation to a charging scheme under this Part which relates wholly or partly to Wales (other than a trunk road charging scheme) or the variation of such a scheme, and
b may appoint the person or persons by whom such an inquiry is to be held.
5 In the case of a joint local-London charging scheme or joint ITA-London charging scheme —
a the Greater London Authority may, at any time before an order making, varying or revoking the charging scheme is confirmed by that Authority, consult other persons, or require the charging authorities to consult other persons, about the charging scheme, variation or revocation, F828...
F828b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Subsections (2) and (3) of section 250 of the M68Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of this section.
7 Where an inquiry is held by virtue of this section in relation to a charging scheme, or the variation or revocation of such a scheme, the costs of the inquiry shall be paid—
a in the case of a trunk road charging scheme made by virtue of section 167(2)(b) or (3)(c), by the local traffic authority , Integrated Transport Authority , combined authority or combined county authority which requested the making of the scheme (or Transport for London, if it did), and
b in any other case, by the charging authority or authorities;
and the parties at the inquiry shall bear their own costs.

Contents of charging schemes

I147171  Matters to be dealt with in charging schemes.

1 A charging scheme under this Part must—
a designate the roads in respect of which charges are imposed,
b specify or describe the events by reference to the happening of which a charge is imposed in respect of a motor vehicle being used or kept on a road,
c specify the classes of motor vehicles in respect of which charges are imposed,
d specify the charges imposed, and
e state whether or not the charging scheme is to remain in force indefinitely and, if it is not to remain in force indefinitely, the period for which it is to remain in force.
2 Subject to sections 164 to 167 and to any modifications made by virtue of section 169, the designation of the roads in respect of which charges are imposed by a charging scheme under this Part shall be such as the charging authority or authorities may determine.
3 Any charge imposed by a charging scheme under this Part in respect of the keeping of a motor vehicle on a road must also have effect in respect of the use of the motor vehicle on that road.
4 A charging scheme under this Part may make provision in relation to the manner in which charges are to be made, collected, recorded and paid.
5 The charges that may be imposed by a charging scheme under this Part include different charges (which may be no charge) for different cases, including (in particular)—
a different days,
b different times of day,
c different roads,
d different distances travelled, and
e different classes of motor vehicles , and
f different methods or means of recording, administering, collecting or paying the charge.
6 In setting the charges imposed by a charging scheme under this Part, regard may be had to the purposes for which any of the net proceeds of the charging scheme may be applied (in accordance with Schedule 12).
7 A charging scheme under this Part may contain provision requiring—
a documents to be displayed while a motor vehicle is on a road in respect of which charges are imposed, or
b equipment to be carried in or fitted to a motor vehicle while it is on such a road.

I148172 Charging schemes: supplementary provision as to contents

1 The appropriate national authority may make regulations requiring charging schemes under this Part to contain provision for or in connection with—
a exemptions from charges,
b the application of reduced rates of charges, or
c the imposition of limits on the charges payable.
2 Subject to regulations under subsection (1) and to section 169(1) and (3), a charging scheme under this Part may contain provision of any of the descriptions specified in that subsection.
2A The appropriate national authority may by regulations—
a make provision requiring charging schemes under this Part to provide that in specified circumstances—
i persons of a specified description may pay, and
ii where those persons so choose, the charging authorities must collect,
the charges imposed by such schemes in a specified manner;
b make provision for or in connection with the arrangements to be made by charging authorities with any person for the purpose of enabling charges to be paid, and collected, as mentioned in paragraph (a).
2B In subsection (2A) “specified” means specified in the regulations.
3 A road shall not be subject to—
a charges imposed by more than one charging scheme under this Part at the same time;
b charges imposed by such a charging scheme and a scheme under Schedule 23 to the Greater London Authority Act 1999 at the same time, except with the consent of the Authority.
4 A road shall not be subject to charges under a charging scheme under this Part if tolls are charged in respect of the use of the road.

Suspension of charging schemes

172A Suspension of charging schemes

1 The charging authority or the charging authorities (acting jointly) may suspend the operation of a charging scheme under this Part if they consider that it is necessary to do so—
a in the event of an emergency, to enable or facilitate any action taken in response to the emergency;
b to enable or facilitate a temporary event to take place.
2 A suspension under this section is for such period as the charging authority or authorities consider necessary—
a in the case of an emergency, to enable or facilitate the response to the emergency (but in any event no longer than 30 days);
b in the case of a temporary event, to enable or facilitate the event to take place, together with any associated works undertaken before or after it.
3 A charging scheme may be suspended under this section in whole or in part; and if a scheme is suspended in part that suspension may be in respect of—
a any road in respect of which charges are imposed;
b any event by reference to the happening of which a charge is imposed;
c any class of motor vehicle in respect of which charges are imposed.
4 The charging authority or authorities must publish a notice of any suspension under this section.
5 A notice under subsection (4)—
a must be published in such manner as the charging authority or authorities consider appropriate to bring the suspension to the attention of all persons who are likely to be affected by it;
b must state the period for which the scheme is to be suspended.
6 In the case of a suspension under subsection (1)(a), the charging authority or authorities—
a must keep under review the need for the suspension to continue, and
b may increase or reduce the period of the suspension (but they may not increase it so as to suspend the scheme for a period of more than 30 days).

Enforcement of charging schemes

I149173  Penalty charges.

1 The appropriate national authority may by regulations make provision for or in connection with the imposition and payment of charges (“charging scheme penalty charges”) in respect of acts, omissions, events or circumstances relating to or connected with charging schemes under this Part.
2 The regulations may include provision for or in connection with setting the rates of charging scheme penalty charges (which may include provision for discounts or surcharges).
3 Charging scheme penalty charges in respect of any motor vehicle shall be paid—
a by the registered keeper of the motor vehicle, or
b in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.
4 The Lord Chancellor may make regulations about the notification, adjudication and enforcement of charging scheme penalty charges.
5 A person commits an offence if with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by a charging scheme under this Part—
a he interferes with any equipment , or with the functioning of any equipment, used for or in connection with charging under the charging scheme, or
b he causes or permits the registration plate of a motor vehicle to be obscured.
6 A person commits an offence if he makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, charges imposed by a charging scheme under this Part or charging scheme penalty charges.
7 A person commits an offence if he removes a notice of a charging scheme penalty charge which has been fixed to a motor vehicle in accordance with regulations under this section unless—
a he is the registered keeper of the vehicle or a person using the vehicle with his authority, or
b he does so under the authority of the registered keeper or such a person or of the charging authority or any of the charging authorities.
8 A person guilty of an offence under subsection (5) or (6) is liable on summary conviction to—
a a fine not exceeding level 5 on the standard scale, or
b imprisonment for a term not exceeding six months,
or to both.
9 A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

I150C100C56174  Examination, entry, search and seizure.

1 The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer powers on persons specified in, or determined in accordance with, the regulations for or in connection with examining a motor vehicle for ascertaining—
a whether any document required to be displayed while the motor vehicle is on a road in respect of which charges are imposed is so displayed,
b whether any equipment required to be carried in or fitted to the motor vehicle while the motor vehicle is on such a road is carried or fitted, is in proper working order
bb whether any such equipment, or the functioning of any such equipment, has been interfered with with intent to avoid payment of a charge, or to avoid any person being identified as having failed to pay a charge, or
c whether any conditions relating to the use of any such equipment are satisfied.
2 The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to enter a motor vehicle where he has reasonable grounds for suspecting that—
a any equipment required to be carried in or fitted to it while it is on a road in respect of which charges are imposed has been interfered with , or the functioning of any such equipment has been interfered with, with intent to avoid payment of, or to avoid any person being identified as having failed to pay, a charge imposed by the charging scheme, or
b there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or to avoid any person being identified as having failed to pay, such a charge.
3 A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by a charging scheme under this Part by virtue of subsection (2).
4 A person guilty of an offence under subsection (3) is liable on summary conviction to—
a a fine not exceeding level 5 on the standard scale, or
b imprisonment for a term not exceeding six months,
or to both.
5 The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 173(5) or (6).
6 A charging scheme under this Part may not authorise an examination of, or entry into, a motor vehicle unless it is on a road.

I151C41C115175  Immobilisation etc.

1 The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to make provision for or in connection with—
a the fitting of immobilisation devices to motor vehicles,
b the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted,
c the removal and storage of motor vehicles,
d the release of motor vehicles from immobilisation devices or from storage,
e the satisfaction of conditions before the release of a motor vehicle, and
f the sale or destruction of motor vehicles not released.
2 A person commits an offence if he removes or interferes with an immobilisation notice fixed to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (1) in contravention of such provision.
3 A person commits an offence if he removes or attempts to remove an immobilisation device fitted to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (1) in contravention of such provision.
4 A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by provision included in a charging scheme under this Part by virtue of subsection (1).
5 A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
6 A person guilty of an offence under subsection (3) or (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
7 In this section “immobilisation device” has the same meaning as in section 104 of the M69Road Traffic Regulation Act 1984.
8 A charging scheme under this Part may not authorise or require the fitting of an immobilisation device to, or the removal of, a motor vehicle unless it is on a road.

Supplementary

I152C76C112176  Equipment etc.

1 The charging authority, or any of the charging authorities, in relation to a charging scheme under this Part may—
a install and maintain, or authorise the installation and maintenance of, any equipment, or
b construct and maintain, or authorise the construction and maintenance of, any buildings or other structures,
used or to be used for or in connection with the operation of a charging scheme under this Part.
1A In relation to a charging scheme under section 167 (trunk road charging schemes), a strategic highways company may—
a install and maintain, or authorise the installation and maintenance of, any equipment, or
b construct and maintain, or authorise the construction and maintenance of, any buildings or other structures,
used or to be used for or in connection with the operation of a charging scheme under that section.
2 The appropriate national authority may by regulations—
a approve standards for equipment installed, or authorised to be installed, by charging authorities for or in connection with the operation of charging schemes under this Part , or
b regulate the manner in which such equipment is used.
3 No equipment may be—
a installed for or in connection with the operation of a charging scheme under this Part if it is incompatible with a standard approved under subsection (2)(a).
b used for or in connection with the operation of such a scheme otherwise than in accordance with regulations under subsection (2)(b).

I153177  Traffic signs.

1 The appropriate national authority may direct the charging authority, or any of the charging authorities, in relation to a charging scheme under this Part (other than a trunk road charging scheme) to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with the scheme.
2 In the case of a joint local-London charging scheme or joint ITA-London charging scheme the Greater London Authority may also exercise the power conferred by subsection (1); but any direction under this subsection shall not have effect if and to the extent that it is inconsistent with a direction under subsection (1).
3 The appropriate national authority may direct any local traffic authority to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with a trunk road charging scheme.
3A The Secretary of State may direct a strategic highways company to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with a trunk road charging scheme.
4 An authority or a strategic highways company which is or could be given a direction under this section may enter any land, and exercise any other powers which may be necessary, for placing and maintaining traffic signs, or causing traffic signs to be placed and maintained, in connection with any charging scheme in respect of which a direction is or could be given.
5 A direction under this section shall be given in writing and may be varied or revoked by the authority by which it was given.
6 In this section “traffic signs” has the meaning given by section 64 of the M70Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act.

177A Power to require information

1 The appropriate national authority may direct a local traffic authority or Integrated Transport Authority, Integrated Transport Authority , combined authority or combined county authority to provide it, within a specified period, with specified information connected with any aspect of the performance or proposed performance of their functions under this Chapter.
2 The information that may be specified in such a direction must be information which the authority have in their possession or can reasonably be expected to acquire.
3 A direction under this section may be given to two or more authorities or to authorities of a description specified in the direction.

C13C128C127Chapter II  Workplace parking levy

Licensing schemes

I154178  Preliminary.

1 In this Part “licensing scheme” means a scheme for imposing charges in respect of the provision of workplace parking places at premises in the area covered by the scheme to be paid on licences covering the provision of a maximum number of such parking places at the premises.
2 Charges imposed in respect of any premises by a licensing scheme under this Part shall be paid—
a by the occupier of the premises, or
b in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.
3 In this Part “licence” means a licence under a licensing scheme under this Part.
4 A licence relating to premises must cover the provision at the premises of the number of workplace parking places requested by the applicant for the licence; and in this Part “licensed unit”, in relation to a licence relating to premises, means each unit comprised in the maximum number of workplace parking places which may be provided at the premises under the cover of the licence.
5 A licensing scheme may be made—
a by a non-metropolitan local traffic authority (“a local licensing scheme”),
b jointly by more than one non-metropolitan local traffic authority (“a joint local licensing scheme”), or
c jointly by one or more non-metropolitan local traffic authorities and one or more London traffic authorities (“a joint local-London licensing scheme”).
6 In this Part—
a “the licensing authority”, in relation to a licensing scheme under this Part made or proposed to be made by one authority, means the authority by which the licensing scheme is or is proposed to be made, and
b “the licensing authorities”, in relation to a licensing scheme under this Part made or proposed to be made jointly by more than one authority, means the authorities by which the licensing scheme is or is proposed to be made.
7 The power to make joint local-London licensing schemes conferred by this Part does not limit any of the powers in Schedule 24 to the M71Greater London Authority Act 1999 (workplace parking levy in Greater London).

I155C15179  Local licensing schemes.

1 A local licensing scheme may cover the whole or any part of the area of the licensing authority.
2 A local licensing scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of the licensing authority.

I156C24180  Joint local licensing schemes.

1 A joint local licensing scheme may cover the whole or any part of the combined area of the licensing authorities.
2 A joint local licensing scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of the licensing authorities.

I157C75181  Joint local-London licensing schemes.

1 A joint local-London licensing scheme may cover—
a the whole or any part of the area of the non-metropolitan local traffic authority, or combined area of the non-metropolitan local traffic authorities, by which it is made, and
b the whole or any part of any area to which a scheme under Schedule 24 to the M72Greater London Authority Act 1999 made by the London traffic authority, or any of the London traffic authorities, by which it is made could apply.
2 A joint local-London licensing scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—
a local transport policies of the non-metropolitan local traffic authority, or F937... the non-metropolitan local traffic authorities, by which it is made, and
b policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the M73Greater London Authority Act 1999.

I158182  Workplace parking places.

1 For the purposes of this Part a workplace parking place is provided at any premises at any time if a parking place provided at the premises is at that time occupied by a motor vehicle (other than an exempt vehicle) used—
a by a relevant person,
b by an employee, agent, supplier, business customer or business visitor of a relevant person,
c by a pupil or student attending a course of education or training provided by a relevant person, or
d where a body whose affairs are controlled by its members is a relevant person, by a member of the body engaged in the carrying on of any business of the body,
for attending a place at which the relevant person carries on business at or in the vicinity of the premises.
2 In this section “relevant person” means—
a the person who provides the parking place in question (“the provider”),
b any person with whom the provider has entered into arrangements to provide the parking place (whether or not for that person’s own use), or
c any person who is associated with the provider or a person within paragraph (b).
3 For the purposes of subsection (2)(c) any two persons are associated if and only if—
a one is a company of which the other (directly or indirectly) has control, or
b both are companies of which a third person (directly or indirectly) has control.
4 For the purposes of this section—
  • “business” includes—
    1. any trade, profession, vocation or undertaking,
    2. the functions of any office holder,
    3. the provision of any course of education or training, and
    4. the functions of, or any activities carried on by, a government department or a local authority or other statutory body,
  • “business customer”, in relation to a relevant person, means a client or customer of the relevant person who is attending at any premises occupied by the relevant person for the purposes of a business carried on by that client or customer,
  • “business visitor”, in relation to a relevant person, means an individual who—
    1. in the course of his employment, or
    2. in the course of carrying on a business or for the purposes of a business carried on by him,
    is visiting the relevant person or any premises occupied by the relevant person,
  • “employee” means a person employed under a contract of service or apprenticeship, whether express or implied, and (if express) whether oral or in writing, and
  • “supplier”, in relation to a relevant person, means—
    1. a person supplying, or seeking to supply, goods or services to the relevant person for the purposes of a business carried on by the relevant person, or
    2. any agent or sub-contractor of such a person.
5 The appropriate national authority may make regulations amending the preceding provisions of this section for the purpose of adding, removing or varying cases where, for the purposes of this Part, a workplace parking place is provided.

Making of licensing schemes

I159183  Licensing schemes to be made by order.

1 A licensing scheme under this Part is made by order of the licensing authority or of the licensing authorities (acting jointly).
2 The licensing authority or the licensing authorities (acting jointly) may by order vary a licensing scheme under this Part and the licensing authority or any of the licensing authorities may by order revoke such a scheme.
3 The appropriate national authority may make regulations about orders making, varying or revoking licensing schemes under this Part, including (in particular)—
a provision specifying the form of orders,
b provision about the publication of proposals for orders making or varying such licensing schemes and the making and consideration of objections to such proposals, and
c provision about the publication of notice of orders and of their effect.
4 Before making regulations under subsection (3) which relate to joint local-London licensing schemes the Secretary of State shall consult the Greater London Authority about the regulations so far as they so relate.

I160184  Confirmation of licensing schemes.

C581 A licensing scheme under this Part shall not come into force unless the order making it has been submitted to and confirmed by the appropriate national authority; and a variation of such a licensing scheme shall not take effect until the order making the variation has been so submitted and confirmed.
2 Subsection (1) does not apply in such circumstances as may be specified in or determined in accordance with regulations made by the appropriate national authority.
3 A joint local-London licensing scheme shall not come into force unless the order making it has been submitted to and confirmed by the Greater London Authority; and a variation or revocation of such a licensing scheme shall not take effect until the order making the variation or revocation has been so submitted and confirmed.
4 Where confirmation of an order is required by this section, the order may be confirmed with or without modifications.
5 Where confirmation by both the Secretary of State and the Greater London Authority of an order making a joint local-London licensing scheme, or a variation of such a licensing scheme, is required by this section—
a the order shall not be submitted to the Secretary of State until it has been confirmed by the Greater London Authority,
b if the order has been confirmed by the Greater London Authority with modifications it is the modified order that must be submitted to the Secretary of State, and
c the order may not be confirmed with modifications by the Secretary of State until the modifications have been confirmed by the Greater London Authority.

I161185  Licensing schemes: consultation and inquiries.

1 The licensing authority or the licensing authorities (acting jointly) may at any time before an order making, varying or revoking a licensing scheme under this Part is made, consult other persons about the licensing scheme, variation or revocation.
2 The licensing authority or the licensing authorities (acting jointly)—
a may cause an inquiry to be held in relation to a licensing scheme under this Part, or the variation or revocation of such a scheme, and
b may appoint the person or persons by whom such an inquiry is to be held.
3 The appropriate national authority may at any time—
a before an order making or varying a licensing scheme under this Part is made, or
b (where such an order has to be confirmed) before it is confirmed,
consult other persons, or require the licensing authority or authorities to consult other persons, about the licensing scheme or variation.
4 The appropriate national authority—
a may cause an inquiry to be held in relation to a licensing scheme under this Part or the variation of such a scheme, and
b may appoint the person or persons by whom such an inquiry is to be held.
5 In the case of a joint local-London licensing scheme—
a the Greater London Authority may, at any time before an order making, varying or revoking the licensing scheme is confirmed by that Authority, consult other persons, or require the licensing authorities to consult other persons, about the licensing scheme, variation or revocation, and
b the Secretary of State shall not cause an inquiry to be held in relation to the licensing scheme, or the variation of the licensing scheme, or appoint the person or persons by whom such an inquiry is to be held, without the consent of the Greater London Authority.
6 Subsections (2) and (3) of section 250 of the M74Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of this section.
7 Where an inquiry is held by virtue of this section in relation to a licensing scheme or the variation or revocation of such a scheme—
a the costs of the inquiry shall be paid by the licensing authority or authorities, and
b the parties at the inquiry shall bear their own costs.

Contents of licensing schemes and licences

I162186  Matters to be dealt with in licensing schemes.

1 A licensing scheme under this Part must—
a designate the area covered by the licensing scheme (“the licensing area”),
b state the days on which, and hours during which, a licence is required,
c specify the charges payable on licences (expressed as a specified sum of money for each licensed unit), and
d state whether or not the licensing scheme is to remain in force indefinitely and, if it is not to remain in force indefinitely, the period for which it is to remain in force.
2 Subject to sections 179 to 181 and to any modifications made by virtue of section 184, the designation by a licensing scheme under this Part of the boundaries of the licensing area shall be such as the licensing authority or authorities may determine.
3 The charges that may be imposed by a licensing scheme under this Part include different charges (which may be no charge) for different cases, including (in particular)—
a different days,
b different times of day,
c different parts of the licensing area,
d different classes of motor vehicles, and
e different numbers of licensed units.
4 In setting the charges imposed by a licensing scheme under this Part, regard may be had to the purposes for which any of the net proceeds of the licensing scheme may be applied (in accordance with Schedule 12).
5 A licensing scheme may include provision for or in connection with—
a the making of an application for a licence,
b the grant of a licence,
c the issue of a licence, and
d the variation or revocation of a licence.

I163187  Licensing schemes: exemptions etc.

1 The appropriate national authority may make regulations requiring licensing schemes under this Part to contain provision for or in connection with—
a exemptions from licensing,
b the application of reduced rates of charges payable on licences, or
c the imposition of limits on the charges payable on a licence.
2 Subject to regulations under subsection (1) and to section 184(1) and (3), a licensing scheme under this Part may contain provision of any of the descriptions specified in that subsection.
3 The same premises shall not be subject to more than one licensing scheme under this Part, or to such a licensing scheme and a scheme under Schedule 24 to the M75Greater London Authority Act 1999, at the same time.
4 In subsection (1) the reference to exemptions from licensing includes (as well as exemptions in respect of any description of premises, persons or motor vehicles) exemption of a specified number of parking places provided at any premises from being workplace parking places, either generally or in the case of any description of premises, persons or motor vehicles.

I164188  Licences.

1 A licence must—
a state the name of the person to whom it is granted,
b identify the premises to which it relates,
c specify the maximum number of motor vehicles (not counting exempt vehicles) which may be parked at those premises at any one time, and
d state the amount of the charge paid on the licence and set out the calculation of that amount.
2 A licence may be granted subject to conditions.
3 A licence may not be granted for a period of more than one year.
4 A person commits an offence if he intentionally provides false or misleading information in or in connection with an application for a licence.
5 A person guilty of an offence under subsection (4) is liable—
a on summary conviction, to a fine not exceeding the statutory maximum, or
b on conviction on indictment, to a fine.

Enforcement of licensing schemes

I165189  Penalty charges.

1 The appropriate national authority may by regulations make provision for or in connection with the imposition and payment of charges (“licensing scheme penalty charges”) in respect of acts, omissions, events or circumstances relating to or connected with licensing schemes under this Part.
2 The regulations may include provision for or in connection with setting the rates of licensing scheme penalty charges (which may include provision for discounts or surcharges).
3 Licensing scheme penalty charges in respect of any premises shall be paid—
a by the occupier of the premises, or
b in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.
4 The Lord Chancellor may make regulations about the notification, adjudication and enforcement of licensing scheme penalty charges.

190 I166 Rights of entry.

1 Where a person duly authorised in writing by the licensing authority, or any of the licensing authorities, in relation to a licensing scheme under this Part has reason to believe that workplace parking places are being provided at any premises in the licensing area, he may at any reasonable time enter the premises for ascertaining—
a whether any workplace parking places are being provided at the premises without a licence or a licence covering all the workplace parking places being provided, or
b whether there is or has been any contravention of the conditions of a licence in respect of the premises.
2 A person duly authorised in writing by the licensing authority, or any of the licensing authorities, in relation to a licensing scheme under this Part may at any reasonable time enter any premises for the purpose of issuing notice of a licensing scheme penalty charge.
3 A person authorised under subsection (1) or (2) to enter any premises shall, if so required, produce evidence of his authority before so entering.
4 A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by subsection (1) or (2).
5 A person guilty of an offence under subsection (4) is liable—
a on summary conviction, to a fine not exceeding the statutory maximum, or
b on conviction on indictment, to a fine.
6 Where any land is damaged in the exercise of a right of entry conferred under subsection (1) or (2), compensation in respect of that damage may be recovered by any person interested in the land from the authority on whose behalf the entry was effected.
7 The provisions of section 118 of the M76Town and Country Planning Act 1990 shall apply in relation to compensation under subsection (6) as they apply in relation to compensation under Part IV of that Act.

C13C128C127Chapter III  General and supplementary

I167191  Financial provisions about schemes.

Schedule 12 contains financial provisions about charging schemes and licensing schemes.

I168192  Powers of authorities.

The charging authority or licensing authority, or any of the charging authorities or licensing authorities, in relation to a charging scheme or licensing scheme under this Part may—
a incur expenditure in or in connection with the establishment or operation of the charging scheme or licensing scheme, or
b enter into arrangements (including arrangements for forming or participating in companies) with any person in respect of the operation of the charging scheme or licensing scheme or relating to the installation or operation of any equipment used for or in connection with the operation of the charging scheme or licensing scheme.

I169193  Guidance.

1 The appropriate national authority may issue guidance to non-metropolitan local traffic authorities, Integrated Transport Authorities, combined authorities , combined county authorities and London traffic authorities in relation to the discharge of their functions with respect to charging schemes and licensing schemes under this Part; and such authorities shall, in exercising those functions, have regard to any such guidance.
2 Before issuing guidance under this section which relates to joint local-London charging schemes, joint ITA-London charging schemes or joint local-London licensing schemes the Secretary of State shall consult the Greater London Authority about the guidance so far as it so relates.
3 Guidance issued under this section shall be published in such manner as the appropriate national authority by which it is issued considers appropriate; and the appropriate national authority may at any time vary or revoke guidance issued by it under this section.

I170194  Information.

1 Information obtained by—
a any Minister of the Crown or government department,
b the National Assembly for Wales, or
c any local authority or other statutory body,
may be disclosed to a traffic authority or Integrated Transport Authority, Integrated Transport Authority , combined authority or combined county authority for or in connection with the performance or proposed performance of any of their functions under this Part or with respect to a relevant scheme or proposed relevant scheme.
2 Information obtained by a traffic authority or Integrated Transport Authority, Integrated Transport Authority , combined authority or combined county authority for or in connection with any of their functions other than functions under this Part may be used by them for or in connection with the performance or proposed performance of any of their functions under this Part or with respect to a relevant scheme or proposed relevant scheme.
3 Any information—
a which has been or could be disclosed to an authority under subsection (1) for or in connection with the exercise of any of their functions with respect to a charging scheme or licensing scheme, or
b which has been or could be used by an authority by virtue of subsection (2) for or in connection with the exercise of any of those functions,
may be disclosed to any person with whom the authority has entered into arrangements under section 192(b).
4 Information disclosed to a person under subsection (3)—
a may be disclosed to any other person for or in connection with the charging scheme or licensing scheme, but
b may not be used (by him or any other person to whom it is disclosed under paragraph (a)) otherwise than for or in connection with the charging scheme or licensing scheme.
5 The Secretary of State or the Welsh Ministers may charge a reasonable fee in respect of the cost of supplying information under subsection (1) or (3).
6 Where a traffic authority or Integrated Transport Authority, Integrated Transport Authority , combined authority or combined county authority asks the Secretary of State to obtain overseas registration information from an overseas registration authority with a view to the Secretary of State disclosing that information under subsection (1) or (3), the Secretary of State may charge a reasonable fee in respect of the cost of obtaining, or seeking to obtain, the information.
7 In this section—
  • “overseas registration authority” means any authority of a country or territory outside the United Kingdom with responsibility under the law of that country or territory for maintaining a register of vehicles;
  • “overseas registration information” means information derived from particulars contained in a register of vehicles that is maintained by an overseas registration authority;
  • “relevant scheme” means a charging scheme or licensing scheme under this Part.

I171195  Determination of disputes, appeals and evidence.

1 The Lord Chancellor may by regulations make provision for or in connection with—
a appeals against decisions relating to licences under licensing schemes under this Part or any failure to make such a decision,
b the determination of disputes relating to charging schemes or licensing schemes under this Part,
c appeals against such determinations or any failure to make such a determination, and
d the appointment of persons to hear any such appeals.
2 The Lord Chancellor may by regulations make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Part, or proceedings in respect of a failure to comply with the provisions of a charging scheme or licensing scheme under this Part, to be given by the production of—
a a record produced by a device specified in, or determined in accordance with, the regulations, and
b a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a person so specified or determined.

I172196  Crown application.

1 Chapter I applies in relation to Crown roads (within the meaning of section 131 of the M77Road Traffic Regulation Act 1984) as in relation to other roads.
2 The provisions of this Part and of regulations and schemes under it bind the Crown.
3 No contravention by the Crown of any of those provisions makes the Crown criminally liable; but—
a the High Court may, on the application of a charging authority, declare unlawful any act or omission of the Crown which constitutes such a contravention, and
b (subject to subsection (4)) those provisions apply to motor vehicles or persons in the public service of the Crown as they apply to other motor vehicles or persons.
4 No power of entry conferred by—
a regulations made under section 174(2), or
b section 190(1) or (2),
is exercisable in relation to any motor vehicle in the public service of the Crown or any premises held or used by or on behalf of the Crown.
5 Nothing in this section affects Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the M78Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

I173197  Part III: regulations and orders.

1 Any power to make regulations under this Part—
a is exercisable by statutory instrument,
b includes power to make different provision for different cases, and
c may be exercised so as to make incidental, consequential, supplementary or transitional provision or savings.
2 The power to make an order making, varying or revoking a trunk road charging scheme is exercisable by statutory instrument.
3 Regulations under paragraph F623... 13(5) of Schedule 12 shall not be made without the consent of the Treasury.
4 Regulations shall not be made by the Secretary of State under—
a section 182(5), or
b paragraph F686... 13(5) of Schedule 12,
unless a draft of the regulations has been laid before, and approved by a resolution of, the House of Commons.
5 A statutory instrument containing regulations made by the Secretary of State or the Lord Chancellor under any other provision of this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6 The references in subsections (4) and (5) to regulations made by the Secretary of State include regulations made by him jointly with the Welsh Ministers.
7 Regulations shall not be made by the Welsh Ministers under—
a section 182(5), or
b paragraph 15(4) of Schedule 12,
unless a draft of the regulations has been laid before, and approved by a resolution of, Senedd Cymru.
8 A statutory instrument containing regulations made by the Welsh Ministers under any other provision of this Part shall be subject to annulment in pursuance of a resolution of Senedd Cymru.
9 The references in subsections (7) and (8) to regulations made by the Welsh Ministers include regulations made by them jointly with the Secretary of State.

I174C51198  Interpretation of Part III.

1 In this Part—
  • “the appropriate national authority” means—
    1. the Secretary of State in relation to charging schemes and licensing schemes relating only to England,
    2. the National Assembly for Wales in relation to charging schemes and licensing relating only to Wales, and
    3. the Secretary of State and the National Assembly for Wales, acting jointly, in relation to charging schemes and licensing schemes relating to both England and Wales,
  • “bridge” means a bridge or viaduct and includes the abutments of a bridge,
  • “charging authority” and “charging authorities” have the meanings given by section 163(5),
  • “charging scheme” has the meaning given by section 163(1),
  • “charging scheme penalty charges” shall be construed in accordance with section 173(1),
  • “combined authority” has the meaning given by section 163(5A),
  • “combined county authority” has the meaning given by section 163 (5B);
  • “eligible local traffic authority” has the meaning given by section 163(4A),
  • “exempt vehicle”, in relation to a licensing scheme, means a motor vehicle exempt from licensing under the scheme by virtue of regulations under subsection (1) of section 187 or provision included in the scheme by virtue of subsection (2) of that section,
  • “financial year” means a period of twelve months ending with 31st March,
  • “joint local charging scheme” shall be construed in accordance with section 163(3)(b),
  • “joint local-ITA charging scheme” shall be construed in accordance with section 163(3)(bb),
  • “joint ITA-London charging scheme” shall be construed in accordance with section 163(3)(cc),
  • “joint local licensing scheme” shall be construed in accordance with section 178(5)(b),
  • “joint local-London charging scheme” shall be construed in accordance with section 163(3)(c),
  • “joint local-London licensing scheme” shall be construed in accordance with section 178(5)(c),
  • “licence” shall be construed in accordance with section 178(3),
  • “licensed unit” has the meaning given by section 178(4),
  • “licensing area” shall be construed in accordance with section 186(1)(a),
  • “licensing authority” and “licensing authorities” have the meanings given by section 178(6),
  • “licensing scheme” has the meaning given by section 178(1),
  • “licensing scheme penalty charges” shall be construed in accordance with section 189(1),
  • “local charging scheme” shall be construed in accordance with section 163(3)(a),
  • “local licensing scheme” shall be construed in accordance with section 178(5)(a),
  • “local traffic authority” has the same meaning as in the M79Road Traffic Regulation Act 1984,
  • “local transport policies” has the meaning given in section 108(5),
  • “London traffic authority” means Transport for London, a London borough council or the Common Council of the City of London,
  • “motor vehicle” has the meaning given in section 185(1) of the M80Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply as it applies for the purposes of the Road Traffic Acts,
  • “non-metropolitan local traffic authority” shall be construed in accordance with section 163(4),
  • “operation” includes enforcement (related expressions being construed accordingly),
  • “registered keeper”, in relation to a charge imposed in respect of motor vehicle, means the person in whose name the vehicle was registered under the M81Vehicle Excise and Registration Act 1994 at the time of the act, omission, event or circumstances in respect of which the charge is imposed,
  • “road” has the same meaning as in the M82Road Traffic Regulation Act 1984,
  • “trunk road charging scheme” shall be construed in accordance with section 163(3)(d), and
  • “workplace parking place” shall be construed in accordance with section 182.
2 Any reference in this Part to an authority’s local transport policies shall, where the authority is the council of a metropolitan district, be construed as a reference to the local transport policies of the Integrated Transport Authority for the integrated transport area in which the district is included F106....
3 Any reference in this Part to a class of motor vehicles is a reference to a class defined or described, by reference to any characteristics of the motor vehicles or to any other circumstances whatsoever, in regulations made by the appropriate national authority.

I175199  Amendments of Greater London Authority Act.

Schedule 13 contains amendments of Schedules 23 and 24 to the M83Greater London Authority Act 1999 in consequence of the provisions of this Part and minor amendments of those Schedules.

I176200  Exemption from local non-domestic rating.

In Schedule 5 to the M84Local Government Finance Act 1988 (local non-domestic rating: exemptions), after paragraph 18A insert—

Part IV  Railways

Chapter I  The Strategic Rail Authority

The Authority

F687201  The Authority.

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F687202  Membership and chairing.

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F687203  Other senior appointments.

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F687204  Further provisions.

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Purposes, strategies and exercise of functions

F687205  Purposes.

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F687206  Strategies.

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F687207  Manner of exercise of functions.

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F687208  Directions, guidance and advice by Scottish Ministers.

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F687209  Directions, guidance and advice: supplementary.

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F687210  Validity of transactions.

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Securing provision of railway services and assets etc.

F687211  Financial assistance etc.

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I177212  Securing of services by franchising.

1 In section 23 of the M86Railways Act 1993, in subsection (1) (duty of Authority to designate passenger services as eligible for provision under franchise agreements), for the words after “designate” substitute “ such services for the carriage of passengers by railway (other than services which are, by virtue of section 24 below, exempt from designation under this subsection) as it considers ought to be provided under franchise agreements. ”
2 In that section, after subsection (2) insert—
3 In section 26 of that Act (invitations to tender for franchise), after subsection (3) insert—
F4264 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 For section 30 of that Act substitute—
6 In section 18 of that Act (access agreements: contracts requiring approval of Regulator), after subsection (6) insert—

F292213  Limited additional powers to provide railway services.

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F740214  Securing provision of substitute bus and taxi services.

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Functions of Franchising Director, Regulator and Board

215 I178 Assumption of functions of Franchising Director.

1 Schedule 16 transfers to the Authority the functions of the Franchising Director.
2 All the property, rights and liabilities of the Franchising Director (including any rights and liabilities relating to staff appointed by him) are by virtue of this section transferred to the Authority.
3 Nothing in this Part affects the validity of anything done by or in relation to the Franchising Director.
4 There may be continued by or in relation to the Authority anything (including legal proceedings) which is in the process of being done by or in relation to the Franchising Director when his functions, property, rights and liabilities are transferred to the Authority.
5 Anything done by the Franchising Director which is in effect immediately before his functions, property, rights or liabilities are transferred to the Authority shall be treated as if done by the Authority.
6 The Authority shall be substituted for the Franchising Director in private Acts, instruments made under Acts, other documents and legal proceedings.
7 For the purposes of the M87Employment Rights Act 1996, where a person employed in the civil service of the state becomes an employee of the Authority by virtue of this section—
a his period of employment in the civil service of the state counts as a period of employment with the Authority, and
b the change of employment does not break the continuity of the period of employment.
8 In consequence of the preceding provisions of this section the office of Franchising Director is abolished.
9 If the Secretary of State determines that there are special circumstances which make it right that the person who is the Franchising Director immediately before the office is abolished should receive compensation, the Secretary of State shall pay to that person such compensation as may be determined by the Secretary of State.

I179216  Assumption of certain functions of the Office of Rail and Road.

Schedule 17 makes provision for the transfer to the Authority of certain functions of the Office of Rail and Road and of associated property, rights and liabilities.

I180217  Assumption of Board’s functions relating to transport police.

1 Schedule 18 transfers to the Authority the functions of the Board relating to the British Transport Police and associated property, rights and liabilities.
F1282 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F296218  Functions relating to Board’s property.

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Other powers

F658219  Power to make bye-laws.

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F799220  Power to make transfer schemes.

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F799221  Power to promote and oppose Bills.

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F799222  Other incidental powers.

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Chapter II  Other provisions about railways

Directions to provide etc. railway facilities

I506223  Regulator’s power to require provision etc. of railway facilities.

In the M88Railways Act 1993, after section 16 insert—

Objectives of Regulator and Secretary of State

I181224  Amendment of objectives.

1 Section 4 of the M89Railways Act 1993 (general duties of Regulator and Secretary of State) is amended as follows.
2 In subsection (1) (objectives)—
a for “Secretary of State and the Regulator shall each” substitute “ Regulator shall ”,
F58b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c after paragraph (b) insert—
,
and
d in paragraph (d) (promotion of competition in provision of railway services), insert at the end “ for the benefit of users of railway services ”.
3 In subsection (2) (objectives)—
a for “Secretary of State and the Regulator shall each” substitute “ Regulator shall ”, and
b omit “the Secretary of State or, as the case may be,”.
4 In subsection (3) (safety and the environment), for “Secretary of State and the Regulator shall each” substitute “ Regulator shall ”.
5 After that subsection insert—
6 In subsection (5) (additional duties of Regulator), for paragraph (a) (duty until 31st December 1996 to take account of guidance of Secretary of State) substitute—
.
7 After subsection (7) insert—

Enforcement regime

I182225  Penalties.

1 In the M90Railways Act 1993, after section 57 insert—
2 In section 55 of that Act (orders for securing compliance), for subsection (8) substitute—

I183226  Orders for securing compliance.

1 In section 55 of the M95Railways Act 1993 (orders for securing compliance)—
a in subsection (5) (cases where order shall not be made or confirmed) omit paragraphs (b) and (c),
b after subsection (5A) insert—
,
F137...
F137c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 In section 56 of that Act (procedural requirements about orders)—
a in subsection (1)(c) (requirement of at least 28 days’ notice for making representations or objections to proposed final order or proposed confirmation of provisional order), for “28” substitute “ 21 ”,
b in subsection (4)(b) (requirement of at least 28 days’ notice for making representations or objections to proposed modifications), for “in that notice specify the period (not being less than 28” substitute “ unless the proposed modifications are trivial, in that notice specify a period (not being less than seven ”, and
c in subsection (6)(b) (requirement of at least 28 days’ notice for making representations or objections to proposal to revoke order), for “28” substitute “ 21 ”.

Consultative committees

I184227  Renaming of committees.

F6101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Schedule 22 makes amendments in consequence of subsection (1).
F4493 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I504I504228  Extension of functions.

1 Section 76 of the M96Railways Act 1993 (duties of Central Committee and consultative committees) is amended as follows.
2 In subsection (1) F922..., for paragraph (a) (duty to investigate any matter which relates to the provision of railway passenger services by the Board or a subsidiary, under a franchise agreement or on behalf of the Franchising Director) substitute—
.
3 In—
a subsection (5)(b) of section 76, F582...
F582b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(matters to be referred), after “that” insert “ a franchisee is contravening, or is likely to contravene, any term of the franchise agreement or that ”.
4 After subsection (7) of section 76 insert—
F7705 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I185229  Financial and procedural changes.

Schedule 23 makes amendments of the provisions about the finances and procedures of consultative committees.

Access agreements

I186230  Regulator’s general approvals of access agreements etc.

1 In subsection (1) of section 18 of the M97Railways Act 1993 (access contracts requiring approval of Regulator), after paragraph (b) insert
;
and for the words from “which is” to the end substitute “ shall be void unless one of the conditions in paragraphs (a) to (c) above is satisfied. ”
2 After subsection (7) of that section insert—
3 In subsection (3) of section 19 of that Act (installation access contracts requiring approval of Regulator), after paragraph (b) insert
;
and for the words from “which is” to the end substitute “ shall be void unless one of the conditions in paragraphs (a) to (c) above is satisfied. ”
4 After subsection (5) of that section insert—
5 In section 72(2)(b)(v) of that Act (provisions of general approvals under section 22(3) to be entered in register kept by Regulator), after “section” insert “ 18(1)(c), 19(3)(c) or ”.
6 In section 83(1) of that Act (interpretation), in the definition of “access agreement”—
a in paragraph (a), for “entered into pursuant to directions under section 17 or 18” substitute “ which satisfies one of the conditions in paragraphs (a) to (c) of section 18(1) ”, and
b in paragraph (b), for “entered into pursuant to directions under section 19” substitute “ which satisfies one of the conditions in paragraphs (a) to (c) of section 19(3) ”.

231  Review of access charges by Regulator.

1 In the M98Railways Act 1993, after section 19 insert—
2 After Schedule 4 to that Act insert, as Schedule 4A, the Schedule set out in Schedule 24 to this Act.

I187232  Amendment of access agreements.

1 In subsection (1) of section 22 of the M99Railways Act 1993 (amendment of access agreement void unless approved by Regulator), insert at the end “ or is made pursuant to directions under section 22A or 22C below or Schedule 4A to this Act. ”
2 After that section insert—

I188233  Prospective facility owners, proposed facilities etc.

1 In section 17(6) of the M100Railways Act 1993 (directions requiring facility owners to enter into contracts for use of their railway facilities), in the definition of “facility owner”, after paragraph (b) insert “ but also includes a person before he becomes a facility owner; ”.
2 In section 19 of that Act (contracts for use of installations comprised in a network)—
a in subsection (9), in the definition of “installation owner”, after paragraph (b) insert “ but also includes a person before he becomes an installation owner; ”, and
b in subsection (11), insert at the end “ and to one which is proposed to be constructed or is in the course of construction. ”
3 In section 83 of that Act (interpretation of Part I), after subsection (1) insert—

Closures

F240234  Transfer of Regulator’s functions to Secretary of State.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F240235  Publication of proposed closures at stations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F240236  Conditions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F240237  Closure of unnecessary track to be minor closure.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F240238  General determinations of minor closures.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F240239  Operator’s duty to continue.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Board

I189240  Transfer of Board’s property etc. to Secretary of State.

Schedule 25 makes provision for the transfer to the Secretary of State of property, rights and liabilities of the Board.

241  Winding down and abolition of Board.

1 Section 84 of the M101Railways Act 1993 (power of Board to form companies) shall apply as if facilitating the carrying into effect of, or of any provision made under, sections 217, 218 and 240 and Schedules 18, 19 and 25 were a purpose specified by the Secretary of State under subsection (1)(d) of that section; and section 85 of that Act (power of Board to make transfer schemes) shall apply as if that were a purpose specified in subsection (3)(b) of that section.
2 The Board shall give to the Authority any information, prepare any document and do any other thing which appears to the Authority appropriate for facilitating the carrying into effect of, or of any provision made under, sections 217, 218 and 240 and Schedules 18, 19 and 25.
3 The Secretary of State may—
a by order made by statutory instrument reduce the membership of the Board to a chairman and one or more other persons appointed by the Secretary of State, and
b by notice in writing remove from office any member of the Board or vary the terms of his appointment.
4 When, after consulting the Board, the Secretary of State considers that it is no longer necessary for the Board to continue to exist, he shall by order made by statutory instrument provide for its dissolution.
5 If a person ceases to hold office as chairman or a member of the Board by virtue of subsection (3)(b) or (4) before his term of office would otherwise have expired and the Secretary of State determines that there are special circumstances which make it right that the person should receive compensation—
a if the person ceases to hold office by virtue of subsection (3)(b), the Board, and
b if the person ceases to hold office by virtue of subsection (4), the Secretary of State,
shall pay to the person such compensation as may be determined by the Secretary of State.
6 Where an order under subsection (4) provides for the Board to be dissolved with effect from a time which would not, apart from this subsection, be the end of its financial year, the financial year of the Board which is current at that time shall be deemed to end with its dissolution.
7 An order under subsection (4) which so provides may contain such provision as the Secretary of State considers appropriate (including provision modifying the effect of any enactment) for the Board or the Authority—
a to prepare accounts for the final financial year of the Board, and
b to make and lay before Parliament a report relating to the carrying out of the Board’s functions during that financial year.

Competition

I190242  Licence modifications following Competition Commission report.

1 In section 15 of the Railways Act 1993 (modification of licence conditions following report of Competition Commission), after subsection (4) insert—
2 After that section insert—

I191243  Competition functions of Regulator.

1 Section 67 of the M103Railways Act 1993 (functions of Regulator and Director General of Fair Trading) is amended as follows.
2 In subsection (3) (concurrent exercise by Regulator and Director of functions under Part I of Competition Act 1998 so far as relating to agreements etc. which relate to supply of railway services), for “railway services” substitute “ services relating to railways ”.
3 After that subsection insert—

Pensions

I192C20244  Authority’s duty to continue Board’s practice of indexation.

1 The Authority shall make provision for increases in pensions and capital sums to which this section applies broadly corresponding to each increase in official pensions under the M104Pensions (Increase) Act 1971 and section 59 of the M105Social Security Pensions Act 1975 (“an official pensions increase”).
2 This section applies to a pension or capital sum at any time if—
a at that time it is a pension in payment, a deferred pension or capital sum or a pension or capital sum to which a person’s future entitlement is contingent on the death of another person, and
b the Board either made provision for an increase in it broadly corresponding to an official pensions increase or would have done so if it had been within paragraph (a) at a time when the Board made provision for increases broadly corresponding to an official pensions increase.
3 But where it was the practice of the Board, when making increases broadly corresponding to an official pensions increase, in any circumstances—
a not to make provision for an increase, or
b to make provision for an increase of a reduced amount,
subsection (1) does not require the Authority to make in similar circumstances provision for an increase in excess of any for which the Board would have made provision.

I193245  Amendments of pension protection provisions.

1 In paragraph 6(2)(a)(ii) of Schedule 11 to the M106Railways Act 1993 (power to make order providing for pension rights of protected persons to be no less favourable as a result of a transfer of pension rights), after “rights” insert “ (whether made between occupational pension schemes or sections of an occupational pension scheme or otherwise) ”.
2 The M107Railway Pensions (Protection and Designation of Schemes) Order 1994 is amended as follows.
3 In article 6 (transfers etc.), insert at the end—
4 In article 7(4) (payments on transfers), insert at the end (but not as part of sub-paragraph (b))—
5 In article 9 (circumstances in which breaks in continuity of employment are disregarded)—
a in paragraph (2), omit “, except to the extent specified in paragraph (3),” and “relevant” (in both places), and
b in paragraph (3), for “this article” substitute “ paragraph (1) ”.
6 In article 11(4) (activities to be regarded as the railway industry)—
a after “of Schedule 11 are” insert “ the activities of the Authority or any subsidiary of the Authority and activities consisting of ”, and
b for “in each case” substitute “ in each of the cases in sub-paragraphs (a) to (d) ”.
7 Omit paragraphs 13 and 14 (arbitration).
8 The amendments made by subsections (3) to (7) shall be treated as if made by an order made under Schedule 11 to the M108Railways Act 1993 (and, accordingly, may be varied or revoked by an order so made).

Miscellaneous

I194246  Passenger Transport Executives.

1 Section 34 of the M109Railways Act 1993 (Passenger Transport Authorities and Executives: franchising) is amended as follows.
2 After subsection (8) insert—
3 In subsection (17) (disputes between Authority and Passenger Transport Executives: directions by Secretary of State), for “with respect to the dispute” substitute “ with respect to the proposal or franchise agreement ”.

I195247  Standards.

1 The Secretary of State may by regulations make provision for the setting of standards to be complied with in relation to railway assets, railway vehicles or railway services.
2 The regulations may provide—
a for standards to be set (and from time to time varied), or
b for compliance with standards to be monitored,
by persons specified in, or designated in accordance with, the regulations.
3 The regulations may authorise the setting of standards which involve obtaining the approval of any person.
4 The regulations may authorise the charging of fees in respect of—
a the monitoring of compliance with standards, or
b the seeking of approvals in connection with standards.
5 The regulations may impose requirements to provide information on persons who—
a are required to comply with standards, or
b set, or monitor compliance with, standards,
and prohibit the giving of false information.
6 The regulations may create criminal offences in respect of failures to comply with requirements imposed by the regulations.
7 The regulations may provide for such offences to be triable—
a only summarily, or
b either summarily or on indictment.
8 The regulations may provide for an offence triable only summarily to be punishable on conviction with a fine not exceeding—
a level 5 on the standard scale, or
b such lower amount as may be prescribed.
9 The regulations may provide for an offence triable either summarily or on indictment to be punishable—
a on summary conviction, with a fine not exceeding the statutory maximum or such lower amount as may be prescribed, or
b on conviction on indictment, with a fine.
10 The regulations may make different provision for different cases and may (in particular) include provision—
a authorising conditional or unconditional dispensation from requirements imposed by the regulations which would otherwise apply, or
b requiring compliance with requirements so imposed which would not otherwise apply,
in particular cases or descriptions of case.
11 The regulations may include such incidental, consequential, supplementary or transitional provisions or savings as the Secretary of State may consider appropriate, including (in particular) provision modifying any provision made by or under any other enactment.
12 The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

I507248  Substitute services to be suitable for disabled passengers.

1 This section applies where—
a a person who provides services for the carriage of passengers by railway provides or secures the provision of substitute road services, or
b the provision of such services is secured by the Secretary of State, the Scottish Ministers or the National Assembly for Wales.
2 In providing or securing the provision of the services, the person providing them, the Secretary of State, the Scottish Ministers or the National Assembly for Wales shall ensure, so far as is reasonably practicable, that the substitute road services allow disabled passengers to undertake their journeys safely and in reasonable comfort.
3 In the event of any failure by a person to comply with subsection (2), he F664... shall be liable to pay damages in respect of any expenditure reasonably incurred, or other loss sustained, by a disabled passenger in consequence of the failure.
4 The Secretary of State may by order grant exemption from subsection (2) to—
a any class or description of persons who provide services for the carriage of passengers by railway, or
b any particular person who provides such services,
in respect of all substitute road services or any class or description of such services.
5 Before making an order under subsection (4) the Secretary of State shall consult—
a the Disabled Persons Transport Advisory Committee, and
b such other representative organisations as he thinks fit.
6 An order under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
7 In this section “substitute road services” means services for the carriage of passengers by road which are provided where railway services have been temporarily interrupted or discontinued.
8 For the purposes of this section a passenger is disabled if he has a disability, or has suffered an injury, which seriously impairs his ability to walk.

F62249  Freight assistance by Scottish Ministers and Welsh Assembly.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

250  Taxation of transfers.

Schedule 26 contains provisions about tax.

F666251  Abolition of requirements for Treasury approval.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter III  Supplementary

I196252  Part IV: minor and consequential amendments.

Schedule 27 makes minor and consequential amendments relating to railways.

253  Part IV: transitionals and savings.

Schedule 28 makes transitional provisions and savings relating to this Part.

254  Interpretation of Part IV.

Expressions which are used both in this Part and in the Railways Act 1993 and are given a meaning for the purposes of that Act, or Part I of that Act, have the same meaning in this Part.

Part V  Miscellaneous and supplementary

Charges for street works on highway

I197255  Charge for whole duration of works.

1 In the M110New Roads and Street Works Act 1991, after section 74 insert—
2 The reference to the M111New Roads and Street Works Act 1991 in Schedule 1 to the M112National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by this section and section 256.

I198256  Charges where works unreasonably prolonged.

1 Section 74 of the M113New Roads and Street Works Act 1991 (charges where works unreasonably prolonged) is amended as follows.
2 After subsection (2) insert—
3 In subsection (3)—
a for “may submit to the authority” substitute “ shall give to the authority, in such manner as may be prescribed, notice containing ”, and
b for “so submitted” substitute “ contained in a notice given to an authority in such manner ”.
4 In subsection (4), for “may submit” substitute “ shall give to the authority, in such manner as may be prescribed, notice containing ”.
5 After subsection (5) insert—
6 In subsection (7), for the words from “charge” to the end substitute
7 After that subsection insert—

Driver training and driving instructors

I199257  Compulsory driver training courses.

In the M114Road Traffic Act 1988, after section 99 insert—

258  Register of approved instructors: destination of appeals.

1 Section 131 of the M115Road Traffic Act 1988 (appeals to Secretary of State by persons aggrieved by decision of registrar of approved driving instructors) is amended as follows.
F2232 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2233 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 After subsection (4) insert—

259  Taking effect of decisions about instructors.

1 In section 127 of the M116Road Traffic Act 1988 (application to retain name in register of approved instructors), after subsection (7) insert—
,
and, in subsection (8), for “A decision to refuse an application shall” substitute “ But the Registrar may, when giving notice of his decision to refuse the application, direct that the decision shall instead ”.
2 In section 128 of that Act (removal of name from register), after subsection (6) insert—
,
and, in subsection (7), for “A decision to remove a name from the register shall” substitute “ But the Registrar may, when giving notice of his decision to remove the name from the register, direct that the decision shall instead ”.
3 In section 130 of that Act (revocation of licence for giving instruction in order to obtain practical experience), for subsection (6) substitute—
4 In section 131 of that Act (appeals against decisions of registrar), after subsection (4A) (inserted by section 258) insert—

I200260  Training and instructors: minor and consequential amendments.

Schedule 29 makes minor and consequential amendments about driver training and driving instructors.

Licensing of operators of goods vehicles

I201261  Increase of fine for breach of obligation to hold operator’s licence.

1 In section 2(5) of the M117Goods Vehicles (Licensing of Operators) Act 1995 (obligation to hold operator’s licence: penalty for offence), for “level 4” substitute “ level 5 ”.
2 Subsection (1) does not apply to any offence committed before this section comes into force.

I202262  Detention of vehicle used without operator’s licence.

1 In the M118Goods Vehicles (Licensing of Operators) Act 1995, after section 2 insert—
2 After Schedule 1 to that Act insert, as Schedule 1A, the Schedule set out in Schedule 30 to this Act.

263  Addition of specified vehicles to operator’s licence.

In section 5 of the M119Goods Vehicles (Licensing of Operators) Act 1995 (vehicles authorised to be used under operator’s licence), for subsection (6) substitute—

Type approvals: exemptions

I203264  Type approval: individual exemptions.

In section 63 of the M120Road Traffic Act 1988 (obligatory type approval certificates, certificates of conformity and Minister’s approval certificates), for subsection (5) (power to make exemptions by regulations) substitute—

Licensing of private hire vehicles

265  Vehicles subject to regulation as private hire vehicles.

1 In section 79 of the M121Public Passenger Vehicles Act 1981 (which provides that a vehicle which is not a public service vehicle because of section 1(3) or (4) of that Act is to be treated as one for the purpose of excluding it from regulation as a private hire vehicle), for “1(3) or (4)” substitute “ 1(4) ”.
2 After that section insert—
3 In section 167(4) of the M124Criminal Justice and Public Order Act 1994 (touting for hire car services: defence in case of public service vehicles), for “passengers for public service vehicles” substitute “ passengers to be carried at separate fares by public service vehicles ”.

Enforcement of requirements relating to drivers’ hours

I204266  Power to prohibit driving of vehicle.

After section 99 of the M125Transport Act 1968 insert—

Appeals relating to London service permits

I205267  London service permits: appeals.

1 Section 189 of the M128Greater London Authority Act 1999 (appeals against decisions of Transport for London about London service permits) is amended as follows.
2 In subsections (2) and (4) (appeals to be made to Mayor), for “appeal to the Mayor” substitute “ make an appeal ”.
F793 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F794 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F795 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F796 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 For subsections (11) to (13) (power of panel to report to Mayor who may issue appropriate guidance or directions to Transport for London) substitute—
8 In section 420(7) of that Act (regulations subject to negative Parliamentary procedure), after the entry relating to any provision contained in Chapters I to IV or VI of Part III, insert—
.

Quiet lanes and home zones and rural road speed limits

I206268  Quiet lanes and home zones.

1 A local traffic authority may designate any road for which they are the traffic authority as a quiet lane or a home zone.
2 The appropriate national authority may make regulations authorising local traffic authorities who have designated roads as quiet lanes or home zones to make use orders and speed orders of such descriptions as are prescribed by the regulations in relation to any roads designated by them as quiet lanes or home zones.
3 A use order is an order permitting the use of a road for purposes other than passage.
4 But a use order may not permit any person—
a wilfully to obstruct the lawful use of a road by others, or
b to use a road in a way which would deny reasonable access to premises situated on or adjacent to the road.
5 A speed order is an order authorising the local traffic authority by whom it is made to take measures with a view to reducing the speed of motor vehicles or cycles (or both) on a road to below that specified in the order.
6 The appropriate national authority may make regulations specifying procedures for the making, variation and revocation of—
a designations, and
b use orders and speed orders,
including procedures for confirmation (whether by the appropriate national authority or any other body).
7 The appropriate national authority may give guidance to local traffic authorities about matters to which they must have regard in determining whether or not to designate a road as a quiet lane or home zone.
8 In this section—
  • “the appropriate national authority” means—
    1. the Secretary of State as respects England, and
    2. the National Assembly for Wales as respects Wales,
  • “cycle” has the same meaning as in the M129Road Traffic Act 1988,
  • “local traffic authority” has the same meaning as in the M130Road Traffic Regulation Act 1984,
  • “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and
  • “road” has the same meaning as in the M131Road Traffic Regulation Act 1984.
9 Regulations under this section shall be made by statutory instrument and may make different provision for different cases or areas.
10 A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F176269  Report on rural road speed limits.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School crossing patrols

270  School crossing patrols.

1 The M132Road Traffic Regulation Act 1984 is amended as follows.
2 In section 26 (arrangements for patrolling places where children cross roads during certain periods)—
a in subsection (1), omit “during periods between the hours of eight in the morning and half-past five in the afternoon when children are so on their way,”, and
b after that subsection insert—
3 In section 28 (power to stop vehicles at school crossings)—
a in subsection (1)—
i omit “between the hours of eight in the morning and half-past five in the afternoon”, and
ii for “children on their way to or from school, or from one part of a school to another, are” substitute “ a person is ”,
b in subsection (2)—
i for “children are” substitute “ person is ”, and
ii for “their” substitute “ his ”, and
c in subsection (5)—
i insert “ and ” at the end of paragraph (a), and
ii omit paragraph (c) and the word “and” before it.

Stands etc. for bicycles or motor cycles

I207271  Stands etc. for bicycles or motor cycles.

1 The M133Road Traffic Regulation Act 1984 is amended as follows.
2 In section 63 (power of authorities to provide stands and racks for bicycles), for “and racks for bicycles” substitute “ or racks for, or devices for securing, bicycles or motor cycles ”.
3 In section 136(4) (meaning of “motor cycle”), for “section 57” substitue “ sections 57 and 63 ”.

Financial assistance: inland waterway and sea freight

I208C12C96272  Financial assistance for inland waterway and sea freight.

1 The Secretary of State may make grants or other payments for the purpose of securing or encouraging the carriage of goods by inland waterway or by sea rather than by road where he is satisfied that that is in the public interest.
2 Grants or payments under this section may in particular be made in respect of facilities for or in connection with the carriage of goods by inland waterway or by sea (including facilities for loading or unloading goods).
3 Grants or payments under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Secretary of State may determine.
4 So far as it relates to inland waterways that are wholly in Wales, the power conferred by this section is a power of the Welsh Ministers.
4A So far as it relates to—
a the carriage of goods by an inland waterway that is partly in Wales, or
b the carriage of goods by sea where the carriage concerned is wholly or partly by sea adjacent to Wales,
the power conferred by this section may be exercised concurrently or jointly by the Secretary of State and the Welsh Ministers.
5 The power conferred by this section may only be exercised in or as regards Scotland if its exercise relates to reserved matters within the meaning of the M134Scotland Act 1998.
6 In this section—
  • "inland waterway” includes both a natural and an artificial inland waterway;
  • "sea adjacent to Wales” means the sea adjacent to Wales out as far as the seaward boundary of the territorial sea.
7 An order under section 158(3) of the Government of Wales Act 2006 determining, or making provision for determining, any boundary between waters which are to be treated as parts of the sea adjacent to Wales and those which are not applies for the purposes of the definition of ““sea adjacent to Wales”” in this section as it applies for the purposes of the definition of ““Wales”” in that Act.

Supplementary

I209273  Offences: general.

1 If an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—
a a director, manager, secretary or other similar officer of the body, or
b a person who was purporting to act in such a capacity,
he (as well as the body) commits the offence.
2 In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.
3 If an offence under this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he (as well as the partnership) commits the offence.

I210I503274  Repeals and revocations.

Schedule 31 contains repeals and revocations.

275  Commencement.

P1P2P31 Subject as follows, the preceding provisions of this Act come into force in accordance with provision made by the Secretary of State by order made by statutory instrument; and different provision may be made for different purposes.
P1P2P42 The power conferred by subsection (1) is exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State) in relation to Parts II and III (and the repeals relating to Part II).
F127P13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Section 231 (and Schedule 24), section 253 (and Schedule 28) and section 269 come into force on the day on which this Act is passed.
5 In section 245, subsections (1) and (3) to (5), and subsections (2) and (8) so far as relating to subsections (3) to (5), shall be treated as having come into force on 10th May 2000.

P5276  Transitionals and savings.

1 The Secretary of State may by order made by statutory instrument make any transitional provisions or savings which he considers appropriate in connection with the coming into force of any provision of this Act.
2 The power conferred by subsection (1) is exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State) in relation to Parts II and III (and the repeals relating to Part II).

277  Power to make amendments.

1 The Secretary of State may, in consequence of any provision of this Act or of any instrument made under it, by order made by statutory instrument make such amendments (including repeals or revocations) as appear to him to be appropriate in—
a any Act (whether public general or local) passed, or
b any subordinate legislation (within the meaning of the M135Interpretation Act 1978) made,
before that provision comes into force.
2 The power conferred by subsection (1) is exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State) in relation to Parts II and III and any instruments made under them.
3 No order shall be made under subsection (1) by the Secretary of State unless a draft of the order containing it has been laid before, and approved by resolution of, each House of Parliament.

278  Financial provision.

1 There shall be paid out of money provided by Parliament—
a any expenditure incurred by any Minister of the Crown or government department under or by virtue of this Act (apart from any expenditure to be met from the National Loans Fund), and
b any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
2 There shall be issued to the Secretary of State by the Treasury out of the National Loans Fund any sums required by him for—
a making loans under section 52 to a transferee, F476...
F476b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 There shall be paid into the National Loans Fund any repayment of, or payment of interest on, loans—
a made under section 52 by the Secretary of State to a transferee, F834...
F834b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 The assets of the National Loans Fund shall be reduced by an amount corresponding to such liability as the Secretary of State extinguishes by order under section 57.
5 There shall be paid into the Consolidated Fund any sums received by any Minister of the Crown or government department under or by virtue of this Act (apart from any sums required to be paid into the National Loans Fund).

279  Extent.

1 Parts II and III, and the repeals relating to those Parts, and sections 255 and 256, 265, 267 and 268 and 270 and 271, and the repeals in Part V(2) of Schedule 31, extend only to England and Wales.
2 Subject as follows, Part IV, sections 257 to 260 (and Schedule 29), sections 261 to 263 (and Schedule 30) and sections 264, 266 and 269, and Part V(1) of Schedule 31, extend only to England and Wales and Scotland.
3 The amendments made by Parts I and IV, and the repeals and revocations relating to those Parts, have the same extent as the enactments to which they relate (except where it is otherwise provided).
4 Sections 247 and 250, paragraph 14 of Schedule 14 and Schedule 26 extend to England and Wales, Scotland and Northern Ireland.

280  Short title.

This Act may be cited as the Transport Act 2000.

SCHEDULES

SCHEDULE A1 

Appeals under section 19A

Section 19F

PART 1 Permission to appeal

Application for permission to appeal

1
1 An application to the CMA for permission to appeal under section 19A may not be made after the end of the period of six weeks beginning with the day on which the CAA published the decision notice.
2 In this Schedule “the decision notice” means the notice published under section 11A of the decision that is the subject of the application for permission to appeal under section 19A.
3 The applicant must send a copy of the application to the CAA.
4 The CAA must—
a publish the application;
b send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).
5 Those persons are—
a the holder of the licence that is the subject of the application;
b any other person with a qualifying interest in the decision that is the subject of the application;
c any owners or operators of aircraft that the CAA considers appropriate;
d any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Determination of application for permission to appeal

2
1 The decision of the CMA on an application for permission to appeal is to be taken by an authorised member of the CMA.
2 The authorised member must take the decision before the end of the period of ten weeks beginning with the day on which the CAA published the decision notice.
3 The authorised member may grant permission to appeal subject to conditions.
4 The conditions may, in particular, include—
a conditions which limit the matters that are to be considered on the appeal;
b conditions for the purpose of expediting the determination of the appeal;
c conditions requiring the appeal to be considered together with other appeals, including appeals relating to different matters or decisions and appeals brought by different persons.
5 An authorised member of the CMA who grants permission to appeal against a decision that relates entirely or partly to a matter remitted to the CAA following an earlier appeal under section 19A must grant permission subject to conditions excluding the consideration of—
a matters that were considered as part of the earlier appeal, and
b matters that could have been raised by the applicant or a relevant connected person as part of the earlier appeal,
unless the member considers that there are compelling reasons not to do so.
6 In sub-paragraph (5) “relevant connected person”, in relation to an applicant, means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the CMA.
7 An authorised member of the CMA must—
a publish the decision on an application for permission to appeal and the reasons for the decision;
b send a copy of the decision and the reasons to the persons listed in sub-paragraph (8).
8 Those persons are—
a the holder of the licence that is the subject of the application;
b if the application was made by someone other than the licence holder, the applicant;
c any other person with a qualifying interest in the decision that is the subject of the application;
d any owners or operators of aircraft that the authorised member considers appropriate;
e any owners or managers of prescribed aerodromes that the authorised member considers appropriate;
f the CAA.
9 An authorised member of the CMA may exclude from publication under sub-paragraph (7) any information that the member is satisfied is—
a commercial information the disclosure of which would or might, in the opinion of the member, significantly harm the legitimate business interests of an undertaking to which it relates, or
b information relating to the private affairs of an individual the disclosure of which would or might, in the opinion of the member, significantly harm the individual's interests.

Time limit for CAA to make representations

3
1 This paragraph applies where the CAA wishes to make representations to the CMA in relation to an application under paragraph 1 for permission to appeal against a decision.
2 The CAA must make representations in writing before the end of the period of eight weeks beginning with the day on which the CAA published the decision notice.
3 The CAA must send a copy of its representations to—
a the holder of the licence that is the subject of the application;
b if the application was made by someone other than the licence holder, the applicant;
c any other person with a qualifying interest in the decision that is the subject of the application;
d any owners or operators of aircraft that the CAA considers appropriate;
e any owners or managers of prescribed aerodromes that the CAA considers appropriate.

PART 2 Intervention in appeal

Application for permission to intervene in appeal

4
1 Where an application is made under paragraph 1 for permission to appeal against a decision, an application for permission to intervene in the appeal may be made to the CMA by another person who would be entitled to appeal against the decision.
2 An application for permission to intervene—
a may be made before the end of the period of one week beginning with the day of publication of the CMA's decision to grant permission to appeal against the decision;
b may be made after the end of that period only with the leave of an authorised member of the CMA.
3 The applicant must send a copy of the application to the CAA.
4 The CAA must—
a publish the application;
b send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).
5 The persons are—
a the holder of the licence that is the subject of the appeal;
b any other person with a qualifying interest in the decision that is the subject of the appeal;
c any owners or operators of aircraft that the CAA considers appropriate;
d any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Determination of application for permission to intervene

5
1 The decision of the CMA on an application for permission to intervene is to be taken by an authorised member of the CMA.
2 An authorised member of the CMA may grant permission to intervene in an appeal only if the member is satisfied that allowing the applicant to intervene is necessary or desirable for the proper resolution of the appeal.
3 The authorised member—
a may grant permission to intervene for the purposes of supporting or opposing an appeal;
b must make any permission to intervene for the purpose of supporting an appeal subject to conditions preventing the intervener from putting forward new grounds of appeal;
c may make permission to intervene subject to other conditions, including conditions which limit the matters that may be raised by the intervener.
4 An authorised member of the CMA must—
a publish the decision on an application for permission to intervene and the reasons for the decision;
b send a copy of the decision and reasons to the persons listed in sub-paragraph (5).
5 Those persons are—
a the holder of the licence that is the subject of the appeal;
b if the application was made by someone other than the licence holder, the applicant;
c any other person with a qualifying interest in the decision that is the subject of the appeal;
d any owners or operators of aircraft that the authorised member considers appropriate;
e any owners or managers of prescribed aerodromes that the authorised member considers appropriate;
f the CAA.
6 An authorised member of the CMA may exclude from publication under sub-paragraph (4) any information that the member is satisfied is—
a commercial information the disclosure of which would or might, in the opinion of the member, significantly harm the legitimate business interests of an undertaking to which it relates, or
b information relating to the private affairs of an individual the disclosure of which would or might, in the opinion of the member, significantly harm the individual's interests.

PART 3 Application for suspension of modification

Application for direction suspending licence modification

6
1 Where an application is made under paragraph 1 for permission to appeal against a decision, an application for a direction suspending the effect of the decision may be made to the CMA—
a by the person who applied for permission to appeal, or
b by another person who would be entitled to appeal against the decision.
2 An application for a direction may be made at any time before the determination of the appeal.
3 The applicant must send a copy of the application to the CAA.
4 The CAA must—
a publish the application;
b send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).
5 Those persons are—
a the holder of the licence that is the subject of the application;
b any other person with a qualifying interest in the decision that is the subject of the application;
c any owners or operators of aircraft that the CAA considers appropriate;
d any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Effect of early application for direction suspending licence modification

7
1 This paragraph applies if—
a an application is made under paragraph 6 for a direction suspending the effect of a decision under section 11(1) to modify a licence condition,
b the application is made before the end of the period of six weeks beginning with the day on which the CAA published the decision notice, and
c the modification would have effect, but for this paragraph, before the end of the period of ten weeks beginning with that day (“the ten-week period”).
2 The modification does not have effect during the ten-week period.
3 The decision of the CMA on the application under paragraph 6 must be taken before the end of the ten-week period.

Direction following application under paragraph 6

8
1 The functions of the CMA in relation to an application under paragraph 6 for a direction are to be carried out by an authorised member of the CMA.
2 An authorised member of the CMA may give a direction suspending the effect of a decision under section 11(1) to include a condition in a licence only if—
a the applicant for the direction would incur significant costs if the licence condition were to have effect from the date specified in the decision, and
b the balance of convenience does not otherwise require the licence condition to have effect from that date.
3 If the authorised member gives a direction suspending the effect of the decision, the licence condition does not have effect or ceases to have effect—
a to the extent specified in the direction, and
b for the period specified or described in the direction.
4 An authorised member of the CMA may by notice vary or withdraw a direction under this paragraph if the authorised member considers it appropriate to do so having regard to the costs and the balance of convenience referred to in sub-paragraph (2).

Publication of decisions about directions

9
1 An authorised member of the CMA must—
a publish a decision on an application under paragraph 6 for a direction and the reasons for the decision;
b send a copy of the decision and reasons to the persons listed in sub-paragraph (4).
2 Where paragraph 7 applies, the requirements of sub-paragraph (1) must be complied with before the end of the ten-week period referred to in that paragraph.
3 An authorised member of the CMA must—
a publish any notice varying or withdrawing a direction under paragraph 8 and the reasons for the variation or withdrawal;
b send a copy of the notice and reasons to the persons listed in sub-paragraph (4).
4 Those persons are—
a the holder of the licence that is the subject of the application or direction;
b if the application for the direction was made by someone other than the licence holder, the applicant;
c any other person with a qualifying interest in the decision that is the subject of the application or appeal;
d any owners or operators of aircraft that the authorised member considers appropriate;
e any owners or managers of prescribed aerodromes that the authorised member considers appropriate;
f the CAA.

Time limit for CAA to make representations

10
1 This paragraph applies where the CAA wishes to make representations to the CMA in relation to an application under paragraph 6 for a direction.
2 In a case to which paragraph 7 applies, the CAA must make the representations in writing before the end of the period of eight weeks beginning with the day on which the CAA published the decision notice.
3 In any other case—
a an authorised member of the CMA must specify a reasonable period for making representations;
b the CAA must make the representations in writing before the end of that period.
4 In all cases, the CAA must send a copy of its representations to—
a the holder of the licence that is the subject of the application;
b if the application was made by someone other than the licence holder, the applicant;
c any other person with a qualifying interest in the decision that is the subject of the application;
d any owners or operators of aircraft that the CAA considers appropriate;
e any owners or managers of prescribed aerodromes that the CAA considers appropriate.

PART 4 Determination of appeals

Determination of appeal by group

11
1 A group constituted by the chair of the CMA, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of carrying out functions of the CMA with respect to an appeal under section 19A must consist of three members of the CMA panel.
2 A decision of the group is effective only if—
a all of the members are present when it is made, and
b at least two members of the group are in favour of the decision.

Representations made by the CAA

12
1 This paragraph applies where an application for permission has been granted and the CAA makes representations to the CMA for the purposes of the appeal under section 19A.
2 The CAA must send a copy of its representations to—
a the holder of the licence that is the subject of the appeal;
b if the appeal was brought by someone other than the licence holder, the appellant;
c any other person with a qualifying interest in the decision that is the subject of the appeal;
d any owners or operators of aircraft that the CAA considers appropriate;
e any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Matters that may be disregarded

13
1 The CMA may disregard matters raised by the CAA if it thinks it necessary to do so for the purpose of securing that an appeal under section 19A is determined within the period allowed under section 19D, unless they are matters contained in representations made to the CMA—
a in accordance with paragraph 10, or
b before the end of the period of 12 weeks beginning with the day on which the decision notice was published.
2 The CMA may disregard matters raised by the appellant if it thinks it necessary to do so for the purpose of securing that an appeal under section 19A is determined within the period allowed under section 19D, unless the matters were raised by the appellant—
a at the time of the application under paragraph 1 for permission to appeal, or
b in an application under paragraph 6 for a direction.
3 The CMA may disregard matters raised by an intervener if it thinks it necessary to do so for the purpose of securing that an appeal under section 19A is determined within the period allowed under section 19D, unless the matters were raised by the intervener—
a at the time of the application for permission to intervene under paragraph 4, or
b in an application under paragraph 6 for a direction.

Remitting decision to CAA

14
1 This paragraph applies where the CMA decides to remit a matter that is the subject of an appeal under section 19A to the CAA for reconsideration and decision.
2 Where, on reconsidering the matter, the CAA decides to modify a licence, the notice under section 11A(5) in respect of the modification may, with the agreement of the licence holder, specify a date falling—
a before the end of the period of six weeks beginning with the date on which the notice is published, but
b on or after the date on which the decision that was the subject of the appeal took effect or would have taken effect but for its suspension under this Schedule.

Substituting the CAA's decision

15
1 This paragraph applies where the CMA decides to substitute its own decision for a decision of the CAA that is the subject of an appeal under section 19A.
2 The decision of the CMA has effect as if made by the CAA except that—
a section 11A(5) does not apply;
b an appeal may not be brought against it under section 19A.
3 Any modification of a licence effected by the CMA takes effect from the date specified by the CMA.
4 The CMA may, with the agreement of the licence holder, specify a date falling—
a before the date on which the order containing its decision is published, but
b on or after the date on which the decision that was the subject of the appeal took effect or would have taken effect but for its suspension under this Schedule.

PART 5 General

Consideration of new matters

16
1 This paragraph applies to—
a an authorised member of the CMA with the function of determining an application for permission to appeal under section 19A;
b a group with the function of determining an appeal under that section.
2 The member or group must not have regard to any matter, information or evidence raised or provided by the CAA if it was not considered by the CAA in making the decision that is the subject of the application or the appeal, unless the member or group considers that—
a the CAA could not reasonably have been expected to consider the matter, information or evidence when making that decision, and
b the matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.
3 The member or group must not have regard to any matter, information or evidence raised or provided by a person other than the CAA if it was not considered by the CAA in making the decision that is the subject of the application or appeal, unless the member or group considers that—
a the person or a relevant connected person could not reasonably have raised the matter with the CAA, or provided the information or evidence to the CAA, during the period in which the CAA was making that decision, and
b the matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.
4 Where the member or group has regard to any matter, information or evidence in reliance on sub-paragraph (2) or (3), those sub-paragraphs do not prevent the member or group having regard to further matters, information or evidence raised or provided in response to it if the member or group considers that the further matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.
5 In sub-paragraph (3) “relevant connected person”, in relation to a person who raises or provides a matter, information or evidence, means a person who was connected to that person at any time during the period in which the CAA was making the decision that is the subject of the application or appeal.
6 References in this paragraph to the period in which the CAA was making a decision are to the period—
a beginning with the publication of a notice under section 11A(1) proposing to make the modification, and
b ending with the publication of a notice under section 11A(5) in relation to that modification.

Production of documents

17
1 The CMA may by notice require a person to produce to it documents specified or described in the notice that are in the person's custody or under the person's control.
2 In this paragraph “document” means anything in which information is recorded.
3 The notice may require the production of documents—
a at a time and place specified in the notice;
b in a form and manner specified in the notice.
4 The notice may not require a person to produce documents that the person could not be compelled to provide in evidence in civil proceedings before the High Court or, in Scotland, the Court of Session.
5 A notice under this paragraph may be given on behalf of the CMA by an authorised member of the CMA.

Oral hearings

18
1 For the purposes of this Schedule the following persons may hold an oral hearing and take evidence on oath—
a an authorised member of the CMA considering an application under paragraph 1 for permission to appeal;
b an authorised member of the CMA considering an application under paragraph 4 for permission to intervene;
c an authorised member of the CMA considering an application under paragraph 6 for a direction;
d a group with the function of determining an appeal under section 19A.
2 In the course of holding such a hearing and taking such evidence, a person or group described in sub-paragraph (1) may administer oaths.
3 An authorised member of the CMA may by notice require a person—
a to attend at a time and place specified in the notice, and
b at that time and place, to give evidence to a member or group described in sub-paragraph (1).
4 At an oral hearing, the member or group conducting the hearing may require the following persons to give evidence or to make representations—
a the applicant, the appellant or any intervener (if present);
b a person attending a hearing as a representative of the applicant, the appellant, an intervener or the CAA.
5 Subject to sub-paragraph (6), a person who gives oral evidence at the hearing may be cross-examined by or on behalf of—
a the appellant;
b an intervener;
c the CAA.
6 Such a person may be cross-examined by or on behalf of an intervener only with the leave of the member or group conducting the hearing.
7 If the applicant, the appellant, an intervener or a representative of any such person or the CAA is not present at a hearing—
a there is no requirement to give notice to that person under sub-paragraph (3);
b the member or group conducting the hearing may determine the application or appeal without hearing that person's evidence or representations.
8 A person may not be required under this paragraph to give evidence that the person could not be compelled to give in civil proceedings before the High Court or, in Scotland, the Court of Session.
9 Where a person is required under this paragraph to attend at a place more than 16 kilometres from the person's place of residence, an authorised member of the CMA must arrange for the person to be paid the necessary expenses of attendance.
10 A notice under this paragraph may be given on behalf of the CMA by an authorised member of the CMA.

Written evidence

19
1 The CMA may by notice require a person to produce a written statement with respect to a matter specified in the notice—
a to an authorised member of the CMA considering an application under paragraph 1 for permission to appeal;
b to an authorised member of the CMA considering an application under paragraph 4 for permission to intervene;
c to an authorised member of the CMA considering an application under paragraph 6 for a direction;
d to a group with the function of determining an appeal under section 19A.
2 The notice may require the written statement—
a to be produced at the time and place specified in the notice;
b to be verified by a statement of truth.
3 Where a notice requires a written statement to be verified by a statement of truth, the written statement may be disregarded unless it is so verified.
4 A person may not be required under this paragraph to produce a written statement about a matter if the person could not be compelled to give evidence about that matter in civil proceedings before the High Court or, in Scotland, the Court of Session.
5 A notice under this paragraph may be given on behalf of the CMA by an authorised member of the CMA.

Expert advice

20Where permission to appeal is granted under paragraph 2, the CMA may commission expert advice with respect to any matter raised by—
a the appellant,
b an intervener, or
c the CAA.

Enforcement of requirements in relation to evidence etc

21
1 This paragraph applies where a person—
a fails to comply with a notice under paragraph 17, 18 or 19,
b fails to comply with any other requirement imposed under paragraph 17, 18 or 19,
c in complying with a notice under paragraph 19, makes a statement that is false or misleading in a material respect, or
d in providing information verified by a statement of truth required by appeal rules under paragraph 23, provides information that is false or misleading in a material respect.
2 An authorised member of the CMA may certify to the appropriate court—
a the failure,
b the fact that the person has made a false or misleading statement in circumstances described in sub-paragraph (1)(c), or
c the fact that the person has provided false or misleading information in circumstances described in sub-paragraph (1)(d).
3 The appropriate court may inquire into a certified failure or act and, if it does so, must hear—
a any witness against the person;
b any witness on behalf of the person;
c any statement in the person's defence.
4 The appropriate court may punish the person as if the person had been guilty of contempt of court if it is satisfied that—
a the certified failure or act took place, and
b the person did not have a reasonable excuse for the failure or act.
5 Where the person is a body corporate, the appropriate court may punish any director or other officer of that body, either instead or as well as punishing the body.
6 In this paragraph—
  • “the appropriate court”—
    1. in relation to England and Wales and Northern Ireland, means the High Court;
    2. in relation to Scotland, means the Court of Session;
  • “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.

Withdrawal of applications and appeals

22
1 An application under paragraph 1 for permission to appeal may be withdrawn only with the consent of the CMA.
2 After an application for permission to appeal is granted, the appeal may be withdrawn only with the consent of the CMA.
3 An application under paragraph 4 for permission to intervene may be withdrawn only with the consent of the CMA.
4 After an application for permission to intervene is granted, the intervener may withdraw from the appeal only with the consent of the CMA.
5 For the purposes of sub-paragraphs (1) to (4), the consent of the CMA may be given by an authorised member of the CMA.
6 Where the CMA has consented, the person wishing to withdraw the application or appeal, or withdraw as an intervener, may give notice of withdrawal to the CMA.
7 An application under paragraph 6 for a direction suspending the effect of a decision may be withdrawn at any time by giving notice of withdrawal to the CMA.
8 Withdrawal of an application under this Schedule or of an appeal, or as an intervener in an appeal, has effect when the notice of withdrawal is given to the CMA.
9 A person giving notice of withdrawal to the CMA must send a copy of the notice to the CAA.
10 The CAA must—
a publish the notice;
b send a copy of it to the persons listed in sub-paragraph (11) (other than the person who gave the notice).
11 Those persons are—
a the holder of the licence that is the subject of the application or appeal;
b any other person with a qualifying interest in the decision that is the subject of the application or appeal;
c any owners or operators of aircraft that the CAA considers appropriate;
d any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Appeal Rules

23
1 The CMA Board may make rules regulating the conduct and disposal of appeals.
2 The rules may include provision supplementing the provisions of this Schedule in relation to any application, notice, hearing or requirement for which this Schedule provides.
3 The rules may, in particular, include—
a provision requiring an application to be accompanied by information specified in the rules;
b provision requiring such information to be verified by a statement of truth;
c provision requiring an applicant to provide the CAA with information specified in the rules;
d provision imposing time limits or other restrictions on the taking of evidence at an oral hearing;
e provision imposing time limits or other restrictions on the making of representations or observations at such a hearing.
4 The rules may make different provision for different purposes.
5 Before making rules under this paragraph the CMA Board must consult any persons that it considers appropriate.
6 The CMA Board must publish the rules made under this paragraph.

Costs

24
1 Where an application under this Schedule or an appeal is withdrawn, an authorised member of the CMA may make any order that the member thinks fit requiring the parties to the application or appeal to make payments to each other and to the CMA in respect of costs incurred in connection with the application or appeal.
2 A group that determines an appeal must make an order requiring the payment to the CMA of the costs incurred by the CMA in connection with the appeal.
3 Subject to sub-paragraph (4), an order under sub-paragraph (2) must require those costs to be paid—
a where the appeal is allowed in full, by the CAA;
b where the appeal is dismissed in full, by the appellant;
c where the appeal is allowed in part, by the appellant and the CAA in such proportions as the group considers appropriate.
4 The order may require an intervener in the appeal to pay such proportion of those costs (if any) as the group considers appropriate.
5 A group that determines an appeal may make any order that it thinks fit requiring one party to the appeal to make payments to another in respect of costs reasonably incurred by the other party in connection with the appeal.
6 A person who is required to make a payment by an order under this paragraph must comply with the order before the end of the period of 28 days beginning with the day after the making of the order.
7 If that person does not do so, the unpaid balance carries interest at a rate specified in the order or determined in accordance with it.
8 In this paragraph, references to an intervener in an appeal, and to a party to an appeal, include a person who was granted permission to intervene in an appeal and subsequently withdrew from the appeal.

Secretary of State's power to modify time limits

25The Secretary of State may by regulations modify any period of time specified in this Schedule.

Publication etc

26Where the CAA, the CMA or an authorised member of the CMA is required by this Schedule to publish something or send a copy of something and this Schedule does not specify a time for doing so, it must be published or sent as soon as practicable.

Interpretation

27
1 In this Schedule—
  • “appeal” means an appeal under section 19A;
  • “authorised member of the CMA” has the meaning given in sub-paragraph (2);
  • “CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;
  • “intervener”, in relation to an appeal, means a person who has been granted permission to intervene in the appeal and who has not withdrawn from the appeal;
  • “prescribed aerodrome” has the meaning given in section 19A(3);
  • “statement of truth”, in relation to the production of a statement or in relation to information provided by a person, means a statement that the person producing that statement or providing that information believes the facts contained in the statement or the information to be true.
2 In this Schedule “authorised member of the CMA”—
a in relation to a power exercisable in connection with an appeal, application or direction in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power; and
b in relation to a power exercisable in connection with an appeal, application or direction in respect of which a group has not been so constituted by the chair of the CMA, means—
i any member of the CMA Board who is also a member of the CMA panel, or
ii any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.
3 For the purposes of this Schedule and sections 19D and 19E, a person has a qualifying interest in a decision that is the subject of an appeal or an application under this Schedule if—
a the person has been granted permission to appeal against the decision and has not withdrawn the appeal,
b the person has applied for permission to appeal against the decision and the application has not been withdrawn or refused,
c the person has been granted permission to intervene in an appeal against the decision and the appeal has not been withdrawn,
d the person has applied for permission to intervene in an appeal against the decision and the application has not been withdrawn or refused, or
e the person has applied for a direction under paragraph 6, the application has not been withdrawn or refused and any direction made in response to the application has not been withdrawn.

SCHEDULE B1 

Enforcement of duties under section 8 and licence conditions

Section 20

PART 1 Enforcement

Contravention notices

1
1 The CAA may give a notice under this paragraph (a “contravention notice”) to a licence holder if it has reasonable grounds for believing that the licence holder is contravening, or has contravened, a Chapter 1 requirement.
2 In this Schedule “Chapter 1 requirement”, in relation to a licence holder, means—
a a duty imposed on the licence holder by section 8, or
b a licence condition of the licence holder's licence.
3 A contravention notice must—
a specify the Chapter 1 requirement and contravention in respect of which it is given;
b explain the action that the CAA may take under this Schedule in connection with the contravention;
c explain that representations may be made about the matters in the notice before the end of the period specified in the notice.
4 The CAA must specify a period of not less than 30 days beginning with the day on which the contravention notice is given, subject to sub-paragraph (5).
5 The CAA may specify a shorter period in a contravention notice given in respect of a repeated contravention.
6 A contravention notice is given to a licence holder in respect of a repeated contravention if, in the period of two years ending with the day on which the notice is given, the CAA did one or more of the following in respect of a contravention by the licence holder of the same Chapter 1 requirement—
a gave the licence holder a contravention notice;
b gave the licence holder an enforcement order;
c gave the licence holder an urgent enforcement order;
d imposed a penalty on the licence holder under paragraph 9 or 10.
7 The CAA may extend the period specified in a contravention notice given to a licence holder on one or more occasions by giving a notice to that licence holder.
8 The CAA may withdraw a contravention notice given to a licence holder at any time by giving a notice to the licence holder that includes its reasons for doing so.
9 As soon as practicable after giving a notice under sub-paragraph (1), (7) or (8), the CAA must—
a publish the notice;
b send a copy of the notice to—
i any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;
ii any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;
iii the Secretary of State.
10 A contravention notice given in respect of a contravention that is or was a continuing contravention must specify the period of contravention in respect of which it is given.
11 In this Schedule “representation period”, in relation to a contravention notice, means—
a the period specified in the contravention notice for making representations;
b where the period has been extended in accordance with sub-paragraph (7), the extended period.

Restrictions on giving contravention notices

2
1 If the CAA gives a licence holder a contravention notice or an urgent enforcement order (see paragraph 5) in respect of a contravention, it may not subsequently give the licence holder a contravention notice in respect of the same contravention.
2 Sub-paragraph (1) does not apply if—
a the CAA withdraws the first contravention notice without imposing a penalty on the person under paragraph 9, or
b the CAA revokes the urgent enforcement order without imposing a penalty on the licence holder under paragraph 10.
3 Sub-paragraph (1) does not prevent the CAA giving a licence holder more than one contravention notice, or a contravention notice and urgent enforcement order, in respect of—
a contraventions of the same Chapter 1 requirement in different ways, or
b contraventions of the same Chapter 1 requirement at different times or during different periods.

Enforcement order

3
1 The CAA may give an order under this paragraph (an “enforcement order”) to a licence holder if—
a it has given the licence holder a contravention notice (and has not withdrawn it),
b the representation period has ended,
c it has considered any representations made about the matters in the contravention notice before the end of that period (and not withdrawn), and
d sub-paragraph (2) or (3) is satisfied.
2 This sub-paragraph is satisfied if the CAA has determined that the licence holder is contravening a Chapter 1 requirement specified in the contravention notice in one or more of the ways specified in the notice.
3 This sub-paragraph is satisfied if the CAA has determined that the licence holder—
a has contravened a Chapter 1 requirement specified in the contravention notice in one or more of the ways specified in the notice, and
b did not, before the end of the representation period, take all of the appropriate steps mentioned in sub-paragraph (6)(b).
4 An enforcement order must—
a specify the Chapter 1 requirement and contravention in respect of which it is given;
b require the licence holder to take any appropriate steps that are specified in the order;
c specify a reasonable period within which the steps must be taken;
d give the CAA's reasons for giving the order.
5 As soon as practicable after giving an enforcement order, the CAA must—
a publish the order;
b send a copy of the order to—
i any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;
ii any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;
iii the Secretary of State.
6 In this paragraph “appropriate steps”, in relation to a contravention of a Chapter 1 requirement, means steps that the CAA has determined are appropriate—
a for complying with the requirement, and
b for remedying the consequences of the contravention.

Enforcement order: modification and revocation

4
1 The CAA may—
a modify an enforcement order with the agreement of the licence holder to whom it was given, or
b revoke an enforcement order.
2 Before modifying or revoking the order, the CAA must—
a publish a notice in relation to the proposed modification or revocation;
b send a copy of the notice to the licence holder to whom the order was given;
c consider any representations made about the proposal in the period specified in the notice (and not withdrawn).
3 The notice under sub-paragraph (2) must—
a state that the CAA proposes to modify or revoke the order;
b specify the proposed modification (if relevant);
c give the CAA's reasons for the modification or revocation;
d specify a reasonable period for making representations.
4 As soon as practicable after modifying or revoking an enforcement order, the CAA must—
a publish a notice giving details of the modification or revocation;
b send a copy of the notice to the persons listed in sub-paragraph (5).
5 The persons are—
a the licence holder to whom the enforcement order was given;
b any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;
c any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;
d the Secretary of State.

Urgent enforcement order

5
1 The CAA may give an order under this paragraph (an “urgent enforcement order”) to a licence holder if sub-paragraph (2) or (3) is satisfied.
2 This sub-paragraph is satisfied if the CAA has reasonable grounds for believing that—
a the licence holder is contravening, or has contravened, a Chapter 1 requirement,
b the contravention has resulted in, or creates an immediate risk of, a serious economic or operational problem—
i for owners or operators of aircraft, or
ii for owners or managers of aerodromes, and
c it is appropriate to give an urgent enforcement order to prevent, remove or reduce that problem or risk.
3 This sub-paragraph is satisfied if the CAA has reasonable grounds for believing that—
a the licence holder is likely to contravene a Chapter 1 requirement,
b the contravention is likely to result in, or create an immediate risk of, a problem described in sub-paragraph (2)(b), and
c it is appropriate to give the urgent enforcement order to prevent, or reduce the likelihood of, that problem or risk arising.
4 An urgent enforcement order must—
a specify the Chapter 1 requirement and the contravention in respect of which it is given;
b require the licence holder to take any appropriate steps that are specified in the order;
c specify a reasonable period within which the steps must be taken;
d give the CAA's reasons for giving the order.
5 As soon as practicable after giving an urgent enforcement order, the CAA must—
a publish the order;
b send a copy of the order to—
i any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;
ii any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;
iii the Secretary of State.
6 In this paragraph “appropriate steps”—
a in relation to a contravention of a Chapter 1 requirement that has occurred or is occurring, means steps that the CAA has determined are appropriate—
i for complying with the requirement, and
ii for remedying the consequences of the contravention;
b in relation to a contravention of a Chapter 1 requirement that is likely to occur, means steps that the CAA has determined are appropriate for securing that the contravention does not occur.

Urgent enforcement order: confirmation

6
1 As soon as practicable after giving an urgent enforcement order, the CAA must—
a confirm the order, or
b revoke the order (see paragraph 7).
2 The CAA may confirm an urgent enforcement order with or without modifications.
3 The CAA may confirm an urgent enforcement order given in reliance on paragraph 5(2) only if it has determined that—
a the licence holder is contravening, or has contravened, a Chapter 1 requirement specified in the order in one or more of the ways specified in the order,
b the contravention has resulted in, or creates an immediate risk of, a problem described in paragraph 5(2)(b), and
c it is appropriate to confirm the urgent enforcement order, with any modifications, to prevent, remove or reduce that problem or risk.
4 The CAA may confirm an urgent enforcement order given in reliance on paragraph 5(3) only if—
a it has determined that paragraphs (a) to (c) of sub-paragraph (3) of this paragraph are satisfied, or
b it has determined that—
i the licence holder is likely to contravene a Chapter 1 requirement specified in the order in one or more of the ways specified in the order,
ii the contravention is likely to result in, or create an immediate risk of, a problem described in paragraph 5(2)(b), and
iii it is appropriate to confirm the urgent enforcement order, with any modifications, in order to prevent, or reduce the likelihood of, that problem or risk arising.
5 Before confirming an urgent enforcement order, the CAA must—
a publish a notice in relation to the proposal to confirm the order;
b send a copy of the notice to the licence holder to whom the order was given;
c consider any representations made about the proposal in the period specified in the notice (and not withdrawn).
6 The notice under sub-paragraph (5) must—
a state that the CAA proposes to confirm the order;
b specify any proposed modifications of the order;
c give the CAA's reasons for confirming the order and for any modifications;
d specify a reasonable period for making representations.
7 As soon as practicable after confirming an urgent enforcement order, the CAA must—
a publish a notice giving details of the confirmation, including any modifications of the order;
b send a copy of the notice to the persons listed in sub-paragraph (8).
8 Those persons are—
a the licence holder to whom the urgent enforcement order was given;
b any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;
c any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;
d the Secretary of State.

Urgent enforcement order: modification and revocation

7
1 The CAA may—
a modify an urgent enforcement order with the agreement of the licence holder to whom it was given, or
b revoke an urgent enforcement order.
2 Before modifying or revoking the order, the CAA must—
a publish a notice in relation to the proposed modification or revocation;
b send a copy of the notice to the licence holder;
c consider any representations made about the proposal in the period specified in the notice (and not withdrawn).
3 The notice under sub-paragraph (2) must—
a state that the CAA proposes to modify or revoke the order;
b specify the proposed modification (if relevant);
c give the CAA's reasons for the modification or revocation;
d specify a reasonable period for making representations.
4 As soon as practicable after modifying or revoking an urgent enforcement order, the CAA must—
a publish a notice giving details of the modification or revocation;
b send a copy of the notice to the persons listed in sub-paragraph (5).
5 Those persons are—
a the licence holder to whom the urgent enforcement order was given;
b any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;
c any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;
d the Secretary of State.
6 Nothing in this paragraph restricts, or applies in relation to the exercise of, the CAA's power under paragraph 6 to modify an urgent enforcement order when confirming the order.

Civil proceedings

8
1 A licence holder who is given an enforcement order must comply with it (unless it is revoked).
2 The obligation to comply with an enforcement order is a duty owed to every person who may be affected by a contravention of a requirement of the order.
3 A licence holder who is given an urgent enforcement order must comply with it, whether or not it has been confirmed (unless it is revoked).
4 The obligation to comply with an urgent enforcement order that has been confirmed is a duty owed to every person who may be affected by a contravention of a requirement of the order.
5 Where a duty is owed to a person under sub-paragraph (2) or (4), the following are actionable by the person—
a a breach of the duty that causes the person to sustain loss or damage;
b an act that—
i by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and
ii is done entirely or partly for achieving that result.
6 In proceedings brought against a licence holder by virtue of sub-paragraph (5), it is a defence for the licence holder to show that it took all reasonable steps and exercised all due diligence to avoid contravening the requirements of the order.
7 The CAA may enforce the duties under sub-paragraphs (1) and (3)—
a in civil proceedings for an injunction,
b in civil proceedings in Scotland for an interdict or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or
c in civil proceedings for any other appropriate remedy or relief.
8 Enforcement of a duty under sub-paragraph (1) or (3) by the CAA does not prejudice any rights a person may have by virtue of sub-paragraph (5).

Penalty for contravention of Chapter 1 requirement

9
1 The CAA may impose a penalty on a licence holder if—
a it has given the licence holder a contravention notice (and has not withdrawn it),
b the representation period has ended,
c it has considered any representations made about the matters in the contravention notice before the end of that period (and not withdrawn), and
d it has determined that the licence holder is contravening, or has contravened, a Chapter 1 requirement specified in the notice in one or more of the ways specified in the notice.
2 If the contravention notice specifies more than one contravention, the CAA may impose a separate penalty under this paragraph for each contravention.
3 If the contravention notice specifies more than one period of contravention, the CAA may impose a separate penalty under this paragraph for each period.

Penalty for contravention of order

10The CAA may impose a penalty on a licence holder if it has determined that the licence holder is contravening, or has contravened, a requirement of—
a an enforcement order, or
b an urgent enforcement order that has been confirmed.

Procedure before imposing penalty

11
1 Before imposing a penalty on a licence holder under paragraph 9 or 10 the CAA must—
a give the licence holder a notice about the proposed penalty;
b publish the notice as soon as practicable;
c send a copy of the notice to the persons listed in sub-paragraph (3);
d consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).
2 A notice under sub-paragraph (1) must—
a state that the CAA proposes to impose a penalty;
b state the proposed amount of the penalty;
c specify the requirement that the CAA has determined is being or has been contravened;
d specify the act or omission that the CAA has determined constitutes a contravention of the requirement;
e where the penalty would be imposed under paragraph 10, specify the Chapter 1 requirement in respect of which the enforcement order or urgent enforcement order (as the case may be) was given.
3 The persons are—
a any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;
b any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;
c the Secretary of State.
4 In the case of a penalty calculated entirely or partly by reference to a daily amount (see paragraph 13(2)), a notice must specify—
a the day on which daily amounts would begin to accumulate;
b the day on which, or the circumstances in which, they would cease to accumulate.
5 The period specified in a notice under sub-paragraph (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the licence holder.
6 Before varying the proposed amount of a penalty, the CAA must—
a give the licence holder on whom the penalty is to be imposed a notice about the proposed variation;
b publish the notice as soon as practicable;
c send a copy of the notice to the persons listed in sub-paragraph (3);
d consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).
7 In the case of a penalty calculated entirely or partly by reference to a daily amount (see paragraph 13(2)), the reference in sub-paragraph (6) to varying the proposed amount includes—
a varying the day on which daily amounts would begin to accumulate;
b varying the day on which, or the circumstances in which, they would cease to accumulate.
8 The notice under sub-paragraph (6) must—
a specify the proposed variation;
b give the CAA's reasons for the proposed variation.
9 The period specified in a notice under sub-paragraph (6) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the licence holder.
10 The CAA may withdraw a notice under sub-paragraph (1) or (6) at any time by giving notice to the licence holder on whom it proposed to impose the penalty.
11 As soon as practicable after giving a notice under sub-paragraph (10), the CAA must—
a publish the notice;
b send a copy of the notice to the persons listed in sub-paragraph (3).

Procedure after imposing a penalty

12
1 As soon as practicable after imposing a penalty under paragraph 9 or 10 the CAA must—
a give a notice to the licence holder on whom the penalty is imposed;
b publish the notice;
c send a copy of the notice to the persons listed in sub-paragraph (3).
2 The notice must—
a state that the CAA has imposed a penalty;
b state the amount of the penalty;
c specify the requirement that the CAA has determined is being or has been contravened;
d specify the act or omission that the CAA has determined constitutes a contravention of the requirement;
e where the penalty is imposed under paragraph 10, specify the Chapter 1 requirement in respect of which the enforcement order or urgent enforcement order (as the case may be) was given;
f specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid.
3 The persons are—
a any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;
b any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;
c the Secretary of State.
4 In the case of a penalty calculated entirely or partly by reference to a daily amount (see paragraph 13(2)), the notice must specify—
a the day on which the daily amounts begin to accumulate;
b the day on which, or the circumstances in which, they cease to accumulate.
5 As soon as practicable after daily amounts cease to accumulate, the CAA must—
a give a notice to the licence holder on whom the penalty was imposed confirming the day on which they ceased to accumulate;
b publish the notice;
c send a copy of the notice to the persons listed in sub-paragraph (3).

Amount of penalty

13
1 The amount of a penalty imposed on a person under paragraph 9 or 10 must be the amount that the CAA determines to be—
a appropriate, and
b proportionate to the contravention for which it is imposed.
2 The penalty may consist of either or both of the following—
a a fixed amount (see paragraph 14);
b a daily amount (see paragraph 15).
3 In determining the amount of a penalty, the CAA must have regard, in particular, to—
a any representations made to it in a period specified in a notice proposing to give a penalty under paragraph 11(1) or (6) (and not withdrawn);
b any steps taken by the licence holder on whom the penalty is to be imposed towards complying with—
i the requirement specified in the notice under paragraph 11(1) by virtue of paragraph 11(2)(c), and
ii where the penalty is to be imposed under paragraph 10, the Chapter 1 requirement specified in the notice under paragraph 11(1) by virtue of paragraph 11(2)(e);
c any steps taken by that licence holder towards remedying the consequences of the contravention of the requirement mentioned in paragraph (b)(i) and, where relevant, paragraph (b)(ii).

Amount of penalty: fixed amount

14
1 A penalty imposed on a licence holder under paragraph 9 or 10 for a contravention may not consist of or include a fixed amount exceeding 10% of the licence holder's qualifying turnover for the qualifying period.
2 A licence holder's qualifying turnover is the licence holder's turnover from its provision of air traffic services.
3 The qualifying period is the last regulatory year ending on or before the day on which the notice proposing the penalty is given under paragraph 11(1) (“the notice day”), except in the cases described in sub-paragraph (4).
4 Those cases are—
a where a licence holder was not authorised to provide air traffic services in respect of a managed area throughout the last regulatory year that ends on or before the notice day;
b where there is no regulatory year or the last regulatory year ended more than 12 months before the notice day;
c where a licence holder has not provided the CAA with accounts prepared in accordance with the licence for the last regulatory year that ends on or before the notice day.
5 In those cases—
a if the licence holder was authorised to provide air traffic services in respect of a managed area on the notice day, the qualifying period is the year ending with the notice day (or, if shorter, the period ending with the notice day during which the licence holder was authorised to provide such services in respect of such an area);
b otherwise, the qualifying period is the year ending with the last day before the notice day on which the licence holder was authorised to provide air traffic services in respect of a managed area (or, if shorter, the period ending with the last day before the notice day during which the licence holder was authorised to provide such services in respect of such an area).
6 A licence holder's qualifying turnover for a qualifying period is to be taken to be the qualifying turnover for that period as reported in accounts that the licence holder is required to prepare by a licence condition, unless regulations under sub-paragraph (7) provide otherwise.
7 The Secretary of State may by regulations—
a amend or otherwise modify the definition of qualifying turnover;
b make provision about how a licence holder's qualifying turnover for a qualifying period is to be calculated.
8 The regulations may in particular—
a make provision about cases in which turnover is or is not to be treated as qualifying turnover for a qualifying period;
b provide that a licence holder's qualifying turnover for a qualifying period is to be taken to be the qualifying turnover reported in accounts specified or described in the regulations;
c provide that a licence holder's qualifying turnover is to be calculated entirely or partly using accounting rules specified or described in the regulations.
9 In this paragraph “regulatory year”, in relation to a licence holder, means a year for which the licence holder was required to prepare accounts by a licence condition for air traffic services provided in respect of a managed area.

Amount of penalty: daily amount

15
1 In relation to a penalty under paragraph 9 or 10, a daily amount is an amount payable where the contravention in respect of which the penalty is imposed continues after it is imposed.
2 A penalty under paragraph 9 may not consist of or include a daily amount unless that contravention has been continuous since the end of the representation period for the contravention notice in which the contravention was specified.
3 A daily amount must not exceed 0.1% of the licence holder's qualifying turnover for the qualifying period.
4 A daily amount is payable in respect of each day in a period specified by the CAA in the notice under paragraph 12 stating that it has imposed the penalty.
5 A specified period during which daily amounts accumulate must be the period that the CAA considers appropriate, subject to sub-paragraphs (6) and (7).
6 The period must begin after the day on which the CAA gives the notice under paragraph 12.
7 The period must end before—
a the day on which the contravention specified in the notice under paragraph 12 ceases, or
b if more than one contravention is specified in that notice, the day on which the last of those contraventions ceases.
8 In this paragraph “qualifying turnover” and “qualifying period” have the same meaning as in paragraph 14.

Use of powers under Competition Act 1998

16
1 Before exercising a power listed in sub-paragraph (3), the CAA must consider whether it would be more appropriate to proceed under the Competition Act 1998.
2 The CAA must not exercise such a power to the extent that it considers it would be more appropriate to proceed under that Act.
3 Those powers are—
a the power to give a contravention notice under paragraph 1;
b the power to give an enforcement order under paragraph 3;
c the power to give and confirm an urgent enforcement order under paragraphs 5 and 6;
d the power to impose penalties under paragraphs 9 and 10.

PART 2 Appeals against orders and penalties

Appeals against enforcement orders and urgent enforcement orders

17
1 A licence holder may appeal to the Competition Appeal Tribunal (referred to in this Schedule as “the Tribunal”) against—
a an enforcement order given to the licence holder, or
b an urgent enforcement order given to the licence holder that has been confirmed.
2 The appeal may be against one or more of the following—
a the decision to give the order or, in the case of an urgent enforcement order, to confirm the order;
b the decision as to the steps specified in the order;
c the decision as to the period allowed for taking those steps.
3 The making of an appeal under this paragraph against an enforcement order suspends the effect of the order until the appeal is decided or withdrawn, unless the Tribunal orders otherwise.
4 The making of an appeal under this paragraph against an urgent enforcement order does not suspend the effect of the order, unless the Tribunal orders otherwise.

Appeals against modifications or revocations of existing orders

18
1 A person may appeal to the Tribunal against—
a a decision to modify or revoke an enforcement order, or
b a decision to modify or revoke an urgent enforcement order that has been confirmed.
2 An appeal under this paragraph may be made only by a person—
a who is not the person to whom the order was given, but
b who appears to the Tribunal to have sufficient interest in the decision.
3 The making of an appeal under this paragraph against a modification or revocation of an order suspends the modification or revocation until the appeal is decided or withdrawn, unless the Tribunal orders otherwise.

Appeals against penalties

19
1 A licence holder may appeal to the Tribunal against a penalty imposed on the licence holder under paragraph 9 or 10.
2 The appeal may be against one or more of the following—
a the decision to impose the penalty;
b the decision as to the amount of the penalty;
c in the case of a penalty calculated entirely or partly by reference to a daily amount, the decision as to the period during which the daily amounts accumulate;
d the decision as to the period allowed for payment of the penalty.
3 Where a licence holder appeals under this paragraph against a penalty, the CAA may not require the licence holder to pay the penalty until the appeal is decided or withdrawn.

Decisions on appeal

20
1 The Tribunal may allow an appeal under paragraph 17, 18 or 19 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—
a that the decision was based on an error of fact;
b that the decision was wrong in law;
c that an error was made in the exercise of a discretion.
2 It may—
a confirm or set aside the order, modification, revocation or penalty;
b give the CAA any directions it considers appropriate, including directions about the time within which the CAA must act.
3 It may not direct the CAA to do anything that the CAA would not have the power to do apart from the direction.
4 When deciding an appeal under paragraph 17, 18 or 19 (including giving directions) the Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 2.

Further appeals

21
1 An appeal lies to the appropriate court on a point of law arising from a decision of the Tribunal under paragraph 20, including a direction.
2 An appeal under this paragraph may be brought by a party to the proceedings before the Tribunal.
3 An appeal may not be brought without the permission of—
a the Tribunal, or
b the appropriate court.
4 “The appropriate court”—
a in the case of an appeal from proceedings in England and Wales or Northern Ireland, means the Court of Appeal;
b in the case of an appeal from proceedings in Scotland, means the Court of Session.

PART 3 Interpretation

22References in this Schedule to remedying the consequences of a contravention of a Chapter 1 requirement, or a requirement of an enforcement order or an urgent enforcement order, include paying an amount to a person—
a by way of compensation for loss or damage suffered by the person, or
b in respect of annoyance, inconvenience or anxiety suffered by the person.

SCHEDULE C1 

Information

Section 25

PART 1 Power to obtain information

Power to obtain information

1
1 The CAA may by notice require a person to provide—
a information, or
b a document that is in the person's custody or under the person's control.
2 In this Schedule “document” means anything in which information is recorded.
3 The CAA may give a notice under this paragraph only in respect of information or documents that it reasonably requires for the purpose of carrying out its functions under section 34 or Schedule B1.
4 The notice may require the information or document to be provided—
a at a time and place specified in the notice;
b in a form and manner specified in the notice.
5 The notice may not require a person to provide information or documents that the person could not be compelled to provide in evidence in civil proceedings before the High Court or, in Scotland, the Court of Session.

PART 2 Enforcement: information

Enforcement of information notice

2
1 If a person fails to comply with a notice under paragraph 1 without reasonable excuse, the CAA may do either or both of the following—
a impose a penalty on the person;
b enforce the duty to comply with the notice in civil proceedings for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.
2 The amount of the penalty must be the amount that the CAA determines to be—
a appropriate, and
b proportionate to the failure in respect of which it is imposed.
3 A penalty may consist of either or both of the following—
a a fixed amount;
b an amount payable in respect of each day in a period specified by the CAA (a “daily amount”).
4 A fixed amount must not exceed £2,000,000.
5 A daily amount must not exceed £100,000.
6 A specified period during which daily amounts accumulate must be the period that the CAA considers appropriate, subject to sub-paragraphs (7) and (8).
7 The period must begin after the day on which the CAA gives the notice under paragraph 6 stating that it has imposed the penalty.
8 The period must end before the day on which the person provides the information or documents specified in the notice under paragraph 1.
9 The Secretary of State may by regulations replace the amount for the time being specified in sub-paragraph (4) or (5).

Penalty for providing false information

3
1 The CAA may impose a penalty of a fixed amount on a person where it is satisfied beyond reasonable doubt that the person, in giving information to the CAA, has committed an offence under section 101 (making of false statements etc).
2 Where a penalty is imposed on a person under this paragraph by the CAA, that person may not at any time be convicted of the offence under section 101 in respect of the act or omission giving rise to the penalty.
3 The amount of a penalty imposed on a person under this paragraph must be the amount that the CAA determines to be—
a appropriate, and
b proportionate to the action in respect of which it is imposed,
but subject to a maximum of £2,000,000.

Penalty for destroying documents etc.

4
1 The CAA may impose a penalty of a fixed amount on a person if the person intentionally alters, suppresses or destroys a document that the person is required to produce by a notice under paragraph 1.
2 The reference in sub-paragraph (1) to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in a legible format.
3 The amount of a penalty imposed on a person under this paragraph must be the amount that the CAA determines to be—
a appropriate, and
b proportionate to the action in respect of which it is imposed,
but subject to a maximum of £2,000,000.

Procedure before imposing a penalty

5
1 Before imposing a penalty on a person under paragraph 2, 3 or 4, the CAA must—
a give the person a notice about the proposed penalty;
b publish the notice as soon as practicable;
c send a copy of the notice to the persons listed in sub-paragraph (4);
d consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).
2 The notice under sub-paragraph (1) must—
a state that the CAA proposes to impose a penalty;
b state the proposed amount of the penalty;
c give the CAA's reasons for imposing the penalty.
3 In the case of a penalty under paragraph 2 calculated entirely or partly by reference to a daily amount, the notice under sub-paragraph (1) must specify—
a the day on which daily amounts would begin to accumulate;
b the day on which, or the circumstances in which, they would cease to accumulate.
4 The persons are—
a any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;
b any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;
c the Secretary of State.
5 The period specified in the notice under sub-paragraph (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.
6 Before varying the proposed amount of a penalty, the CAA must—
a give the person on whom the penalty is to be imposed a notice about the proposed variation;
b publish the notice as soon as practicable;
c send a copy of the notice to the persons listed in sub-paragraph (4);
d consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).
7 In the case of a penalty under paragraph 2 calculated entirely or partly by reference to a daily amount, the reference in sub-paragraph (6) to varying the proposed amount of the penalty includes a reference to—
a varying the day on which daily amounts would begin to accumulate, and
b varying the day on which, or circumstances in which, they would cease to accumulate.
8 The notice under sub-paragraph (6) must—
a specify the proposed variation;
b give the CAA's reasons for the proposed variation.
9 The period specified in the notice under sub-paragraph (6) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.
10 The CAA may withdraw a notice under sub-paragraph (1) or (6) at any time by giving notice to the person on whom it is proposed to impose the penalty.
11 As soon as practicable after giving a notice under sub-paragraph (10), the CAA must—
a publish the notice;
b send a copy of the notice to the persons listed in sub-paragraph (4).

Procedure after imposing penalty

6
1 As soon as practicable after imposing a penalty on a person under paragraph 2, 3 or 4, the CAA must—
a give a notice to the person on whom the penalty is imposed;
b publish the notice;
c send a copy of the notice to the persons listed in sub-paragraph (4).
2 The notice must—
a state that the CAA has imposed the penalty;
b state the amount of the penalty;
c give the CAA's reasons for imposing the penalty;
d specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid.
3 In the case of a penalty under paragraph 2 calculated entirely or partly by reference to a daily amount, the notice must specify—
a the day on which the daily amounts begin to accumulate;
b the day on which, or circumstances in which, they cease to accumulate.
4 The persons are—
a any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;
b any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;
c the Secretary of State.
5 As soon as practicable after daily amounts cease to accumulate, the CAA must—
a give a notice to the person on whom the penalty was imposed confirming the day on which they ceased to accumulate;
b send a copy of the notice to the persons listed in sub-paragraph (4).

PART 3 Appeals against penalties: information

Appeals against penalties

7
1 A person may appeal to the Competition Appeal Tribunal against a penalty imposed on the person under paragraph 2, 3 or 4.
2 The appeal may be against one or more of the following—
a a decision to impose a penalty;
b a decision as to the amount of the penalty;
c in the case of a penalty calculated entirely or partly by reference to a daily amount, a decision as to the period during which daily amounts accumulate;
d a decision as to the period allowed for payment of the penalty.
3 Where a person appeals under this paragraph against a penalty, the CAA may not require the person to pay the penalty until the appeal is decided or withdrawn.
4 In any appeal where the commission of an offence under section 101 is an issue requiring determination, the CAA must prove that offence according to the same burden and standard of proof as in a criminal prosecution.

Decisions on appeal

8
1 The Competition Appeal Tribunal may allow an appeal under paragraph 7 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—
a that the decision was based on an error of fact;
b that the decision was wrong in law;
c that an error was made in the exercise of a discretion.
2 It may—
a confirm or set aside the penalty;
b give the CAA any directions that it considers appropriate, including directions about the time within which the CAA must act.
3 It may not direct the CAA to do anything that the CAA would not have the power to do apart from the direction.
4 When deciding an appeal under paragraph 7 (including giving directions), the Competition Appeal Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 2.

Further appeals

9
1 An appeal lies to the appropriate court on a point of law arising from a decision of the Competition Appeal Tribunal under paragraph 8, including a direction.
2 An appeal under this paragraph may be brought by a party to the proceedings before the Competition Appeal Tribunal.
3 An appeal may not be brought under this paragraph without the permission of—
a the Competition Appeal Tribunal, or
b the appropriate court.
4 “The appropriate court”—
a in the case of an appeal from proceedings in England and Wales or Northern Ireland, means the Court of Appeal;
b in the case of an appeal from proceedings in Scotland, means the Court of Session.

I211SCHEDULE 1 

Air traffic administration orders: general

Section 30.

I212Part I  Modifications of 1986 Act

Introduction

I2131This Part of this Schedule applies if an air traffic administration order is made.

General application of provisions of 1986 Act

I2142Sections 11 to 23 and 27 of the 1986 Act (which relate to administration orders under Part II of that Act) apply with the modifications specified in this Part of this Schedule.

General modifications

I2153In those sections as applied by this Part of this Schedule—
a references to an administration order are to an air traffic administration order, and
b references to an administrator are to an air traffic administrator.

Effect of order

I2164In section 11 of the 1986 Act (effect of order) as applied by this Part of this Schedule—
a the requirement in subsection (1)(a) that any petition for the winding up of the company shall be dismissed does not prejudice the air traffic administration order if it is made by virtue of section 27 above,
b the reference in subsection (3)(d) to proceedings includes a reference to any proceedings under or for the purposes of section 20 above, and
c subsection (3)(d) has effect as if after “its property” there were inserted “ , and no right of re-entry or forfeiture may be enforced against the company in respect of any land, ”.

Appointment of air traffic administrator

I2175In section 13 of the 1986 Act (appointment of administrator) as applied by this Part of this Schedule for subsection (3) substitute—

General powers of air traffic administrator

I2186
1 Section 14 of the 1986 Act (general powers of administrator) as applied by this Part of this Schedule has effect as follows.
2 In subsection (1)(b) the reference to the powers specified in Schedule 1 to the 1986 Act includes a reference to a power to act on behalf of the company—
a for the purposes of this Part, or
b for the purposes of the exercise or performance of any power or duty which is conferred or imposed on the company by virtue of its holding a licence.
3 In subsection (4) the reference to a power conferred by the company’s articles of association includes a reference to a power conferred by virtue of the company’s holding a licence.

Power to deal with charged property

I2197
1 Section 15 of the 1986 Act (power to deal with charged property) as applied by this Part of this Schedule has effect as follows.
2 In subsection (2) for “the purpose or one or more of the purposes specified in the administration order” substitute “ one or both of the purposes of the administration order ”.
3 In subsection (5)(b) for “in the open market by a willing vendor” substitute “ for the best price which is reasonably available on a sale which is consistent with the purposes of the air traffic administration order ”.

Duties of air traffic administrator

I2208
1 Section 17 of the 1986 Act (duties of administrator) as applied by this Part of this Schedule has effect as follows.
2 For subsection (2) substitute—
3 In subsection (3) omit paragraph (a).

Discharge of order

I2219
1 Section 18 of the 1986 Act (discharge and variation of administration order) as applied by this Part of this Schedule has effect as follows.
2 For subsections (1) and (2) substitute—
3 In subsection (3) omit the words “or vary”.
4 In subsection (4)—
a omit the words “or varied” and “or variation”, and
b after “to the registrar of companies” insert “ , to the CAA and to the Secretary of State ”.

Notice of making of order

I22210In section 21(2) of the 1986 Act (notice of order to be given by administrator) as applied by this Part of this Schedule after “to the registrar of companies” insert “ , to the CAA, to the Secretary of State ”.

Statement of proposals

I22311In section 23 of the 1986 Act (statement of proposals) as applied by this Part of this Schedule for subsections (1) and (2) substitute—

Applications to court

I22412
1 Section 27 of the 1986 Act (protection of interests of creditors and members) as applied by this Part of this Schedule has effect as follows.
2 After subsection (1) insert—
3 Omit subsection (3).
4 In subsection (4) omit the words “Subject as above”.
5 After that subsection insert—
6 For subsection (6) substitute—

I225Part II  Other provisions

General adaptations

I22613
1 References in the 1986 Act (except in sections 8 to 10 and 24 to 26), or in any other enactment passed before the day on which this Act is passed, to an administration order under Part II of that Act, to an application for such an order and to an administrator include references (respectively) to an air traffic administration order, to an application for an air traffic administration order and to an air traffic administrator.
2 References in the 1986 Act, or in any other enactment passed before the day on which this Act is passed, to an enactment contained in Part II of that Act include references to that enactment as applied by section 30 above or Part I of this Schedule.
3 But—
a sub-paragraph (1) applies in relation to a reference in an enactment contained in Part II of the 1986 Act only so far as necessary for the purposes of the operation of the provisions of that Part as so applied;
b sub-paragraphs (1) and (2) apply subject to Part I of this Schedule.

Saving

I22714The provisions of this Schedule are without prejudice to the power conferred by section 411 of the 1986 Act (company insolvency rules) as modified by paragraph 13(1) and (2).

Interpretation

I22815
1 In this Schedule “the 1986 Act” means the Insolvency Act 1986.
2 For the purposes of this Schedule and any modification of the 1986 Act made by this Schedule—
a an air traffic administration order is an order made under section 27 or 28 above;
b an air traffic administrator is a person appointed by the court to achieve the purposes of an air traffic administration order;
c the CAA is the Civil Aviation Authority.

I229SCHEDULE 2 

Air traffic administration orders: schemes

Section 30.

Application of Schedule

I2301This Schedule applies if—
a the court has made an air traffic administration order in relation to a licence company (the existing licence company), and
b it is proposed that on and after the appointed day another company (the new licence company) should carry out licensed activities in respect of all or part of a licensed area.

Interpretation

I2312For the purposes of this Schedule—
a an air traffic administration order is an order made under section 27 or 28;
b an air traffic administrator is a person appointed by the court to achieve the purposes of an air traffic administration order;
c the court is the court which (but for section 27) would have jurisdiction to wind up the existing licence company;
d references to the existing licence company and the new licence company must be construed in accordance with paragraph 1;
e references to a licence company are to be construed in accordance with section 26;
f other licence companies are licence companies, other than the existing licence company and the new licence company;
g licensed activities are activities which the licence concerned authorises the existing licence company to carry out;
h a licensed area is an area in respect of which the licence concerned authorises the existing licence company to provide air traffic services;
i the appointed day is a day which falls before the discharge of the air traffic administration order takes effect and which is appointed by the court for the purposes of this Schedule.

Making and modification of schemes

I2323
1 The existing licence company, acting with the consent of the new licence company and, in relation to the matters affecting them, of any other licence companies, may make a scheme designed to secure that the new licence company carries out licensed activities in respect of all or part of the licensed area.
2 No scheme takes effect unless it is approved by the Secretary of State after consulting the CAA.
3 If a scheme is submitted to the Secretary of State for approval he may modify the scheme before approving it.
4 But no modification may be made unless the following consent—
a the new licence company,
b the existing licence company, and
c in relation to the matters affecting them, any other licence companies.
5 A scheme comes into force on the appointed day.
6 At any time after a scheme has come into force, if he thinks it appropriate the Secretary of State may by order provide that the scheme is to be taken for all purposes to have come into force with the modifications specified in the order.
7 But the Secretary of State may not make an order under sub-paragraph (6) unless the following consent—
a the existing licence company,
b the new licence company, and
c in relation to the provisions of the order which affect them, any other licence companies.
8 An order under sub-paragraph (6)—
a may make, with effect from the coming into force of the scheme to which it relates, any such provision as could have been made by the scheme, and
b in connection with giving effect to that provision from that time, may make such supplementary, consequential and transitional provision as the Secretary of State thinks appropriate.

Effect on licence

I2334
1 A scheme may provide for a licence held by the existing licence company to have effect, with such modifications as the scheme may specify, as if the licence had been granted to the new licence company.
2 If different schemes are made in relation to different parts of the licensed area—
a each scheme has effect as if there were a separate licence in respect of each part, and
b each licence has effect as if it had been granted to the company which is the new licence company under the scheme concerned.

Property, rights and liabilities

I2345A scheme may provide for the transfer of property, rights and liabilities from the existing licence company to the new licence company.
I2356
1 In determining whether and in what manner to exercise the powers under paragraph 3 to approve and modify a scheme, the Secretary of State must have regard to the need to ensure that a scheme allocates property, rights and liabilities to the new licence company in such manner as appears to the Secretary of State to be appropriate.
2 In deciding what is appropriate the Secretary of State must take into account the licensed activities which will be carried out on or after the appointed day by any of—
a the new licence company,
b the existing licence company, and
c any other licence companies.
I2367
1 When a scheme comes into force, it has effect without more so as to transfer to the new licence company the property, rights and liabilities to which the scheme relates.
2 A scheme may divide the property, rights or liabilities of the existing licence company and in connection with that division may—
a create for the existing licence company, the new licence company or any other licence companies an interest in or right over any property to which the scheme relates;
b create new rights and liabilities as between any two or more of those companies with respect to the subject-matter of the scheme;
c in connection with any provision made by virtue of paragraph (a) or (b), make incidental provision as to the interests, rights and liabilities of other persons with respect to the subject-matter of the scheme.
3 A scheme may impose duties on the existing licence company, the new licence company and any other licence company to take all such steps as may be necessary to secure that—
a any interest, right or liability created by virtue of paragraph (a) or (b) of sub-paragraph (2), and
b any incidental provision made by virtue of paragraph (c) of that sub-paragraph,
has effect.
4 A scheme may require the new licence company and any other licence companies to provide consideration in respect of the transfer or creation of property, rights and liabilities by means of the scheme.
5 A requirement imposed under sub-paragraph (4) is enforceable in the same way as if the property, rights and liabilities had been created or transferred, and (if the case so requires) had been capable of being created or transferred, by agreement between the parties.
6 The property, rights and liabilities of the existing licence company which may be transferred in accordance with a scheme include—
a property, rights and liabilities which the existing licence company would not otherwise be capable of transferring or assigning;
b property, rights and liabilities to which the existing licence company may become entitled or subject after the making of the scheme and before the appointed day;
c property situated anywhere in the United Kingdom or elsewhere;
d rights and liabilities under enactments;
e rights and liabilities under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.
7 If a scheme makes a person entitled to possession of a document, the provision that may be made by virtue of sub-paragraph (2)(b) includes—
a provision for treating that person as having given another person an acknowledgement in writing of the right of that other person to the production of the document and to delivery of copies of it,
b provision applying section 64 of the M136Law of Property Act 1925 (production and safe custody of documents) to that acknowledgement,
c provision that, where a scheme transfers any interest in land or other property situated in Scotland, subsections (1) and (2) of section 16 of the M137Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) are to have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “unless specially qualified” had been omitted, and
d provision applying section 9 of the M138Conveyancing Act 1881 (which is the equivalent in Northern Ireland to section 64 of the M139Law of Property Act 1925) to that acknowledgement.
8 Sub-paragraph (9) applies if a transfer authorised by sub-paragraph (6)(a) would (were it not so authorised)—
a give rise to a contravention or liability by reason of a provision relating to the terms on which the existing licence company is entitled or subject to the property, right or liability transferred, or
b give rise to an interference with any interest or right by reason of such a provision.
9 In such a case the transfer does not give rise to such a contravention, liability or interference.
10 The provision referred to in sub-paragraph (8) may arise under an enactment or agreement or otherwise.
I2378
1 A scheme may impose duties on the existing licence company and on the new licence company to take all such steps as may be necessary to secure that the vesting in the new licence company, by virtue of the scheme, of any foreign property, right or liability is effective under the relevant foreign law.
2 A scheme may require the existing licence company to comply with any directions given by the new licence company in performing any duty imposed on the existing licence company by virtue of a provision included in the scheme under sub-paragraph (1).
3 A scheme may provide that, until the vesting of any foreign property, right or liability of the existing licence company in the new licence company is effective under the relevant foreign law, it is the duty of the existing licence company—
a to hold that property or right for the benefit of the new licence company, or
b to discharge that liability on behalf of the new licence company.
4 A scheme may provide that in specified cases foreign property, rights or liabilities acquired or incurred by an existing licence company after the scheme comes into force are immediately to become property, rights or liabilities of the new licence company; and in relation to such property, rights or liabilities the scheme may make provision equivalent to that in sub-paragraphs (1) to (3).
5 Nothing in any provision included in a scheme by virtue of this paragraph affects the law of any part of the United Kingdom as it applies to the vesting of any foreign property, right or liability in the new licence company by virtue of the scheme.
6 References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.
7 Any expenses incurred by an existing licence company in consequence of any provision included in a scheme by virtue of this paragraph must be met by the new licence company.
8 Duties imposed on an existing licence company or a new licence company by virtue of this paragraph are enforceable in the same way as if they were imposed by a contract between the existing licence company and the new licence company.

Supplementary provisions of schemes

I2389
1 A scheme may contain supplementary, consequential and transitional provision for the purposes of, or in connection with, any provision of the scheme.
2 In particular a scheme may provide—
a that for purposes connected with any transfers made in accordance with the scheme (including the transfer of rights and liabilities under an enactment) the new licence company is to be treated as the same person in law as the existing licence company;
b that (so far as may be necessary for the purposes of or in connection with any such transfers) agreements made, transactions effected and other things done by or in relation to the existing licence company are to be treated as made, effected or done by or in relation to the new licence company;
c that (so far as may be necessary for the purposes of or in connection with any such transfers) references in any agreement (whether or not in writing) or in any document to, or to any officer of, the existing licence company are to have effect with such modifications as the scheme may specify;
d that proceedings commenced by or against the existing licence company are to be continued by or against the new licence company;
e that contracts of employment with the existing licence company are not to terminate and that periods of employment with the existing licence company are to count for all purposes as periods of employment with the new licence company;
f that disputes about the effect of the scheme between the existing licence company and the new licence company, between either of them and any other licence company or between different companies which are other licence companies are to be referred to such arbitration as may be specified in or determined under the scheme;
g that determinations on such arbitrations are conclusive for all purposes;
h that certificates given jointly by two or more of the licence companies mentioned in paragraph (f) as to the effect of the scheme as between the licence companies giving the certificates are conclusive for all purposes.

Assistance

I23910
1 The new licence company, the existing licence company and any other licence companies which are likely to be affected by a scheme must provide the Secretary of State with all such information and other assistance as the Secretary of State may reasonably require for the purposes of, or in connection with, the exercise of any power conferred by paragraph 3.
2 If a company without reasonable excuse fails to do anything required of it by sub-paragraph (1) it is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Effect of air traffic administration order

I24011While an air traffic administration order is in force in relation to an existing licence company anything which the company is permitted or required to do—
a by paragraph 3 or 10, or
b in consequence of any provision of a scheme,
is effective only if it is done on the company’s behalf by its air traffic administrator.

I241SCHEDULE 3 

Air traffic administration orders: Northern Ireland

Section 33.

I2421In their application to a licence company formed and registered under the Companies Act 2006 in Northern Ireland, sections 26 to 32 and Schedules 1 and 2 have effect with the modifications made by this Schedule.
I2432
1 Section 26 is modified as follows.
2 In subsection (2) for “Part II of the 1986 Act” substitute “ Part III of the 1989 Order ”.
3 In subsection (5) for “Parts I to VII of the 1986 Act” substitute “ Parts II to VII of the 1989 Order ”.
4 In subsection (6)—
a for “the 1986 Act” substitute “ the 1989 Order ”, and
b for “the M140Insolvency Act 1986” substitute “ the M141Insolvency (Northern Ireland) Order 1989 ”.
I2443
1 Section 28 is modified as follows.
2 In subsection (3) for paragraph (a) substitute—
.
3 In subsection (3)(b) for “section 124A” substitute “ Article 104A ”.
4 In subsection (6) for “section 123 of the 1986 Act” substitute “ Article 103 of the 1989 Order ”.
I2454In section 29(5) for “the 1986 Act” substitute “ the 1989 Order ”.
I2465
1 Section 30 is modified as follows.
2 In subsection (2) for “Section 9(4) and (5) of the 1986 Act” substitute “ Article 22(4) and (5) of the 1989 Order ”.
3 In subsection (3)—
a for “Section 10(1), (2), (4) and (5) of the 1986 Act” substitute “ Article 23(1), (2) and (4) of the 1989 Order ”;
b in paragraphs (a), (b), (c) and (d) for “subsection” substitute “ paragraph ”.
4 In subsection (5)—
a for “section 411 of the 1986 Act” substitute “ Article 359 of the 1989 Order ”, and
b for “Parts I to VII of that Act” substitute “ Parts II to VII of that Order ”.
I2476For Schedule 1 substitute—

SCHEDULE 4 

Licence holders: land

Section 36.

1The M143Civil Aviation Act 1982 shall be amended as follows.
2After section 42 (acquisition of land by CAA) insert the following—
3In section 43(1) (rights over land to bind grantor’s successors) after paragraph (b) insert—
.
4
1 Section 44 (power to obtain rights over land) shall be amended as follows.
2 In subsection (6) after paragraph (b) insert—
.
3 For subsection (7) substitute—
4 In subsection (12) the following shall be inserted after paragraph (c)—
.
5In section 46(10) (control over land: relevant authorities) after paragraph (d) insert—
.
6
1 Section 48 (Secretary of State’s powers in respect of highways, &c.) shall be amended as follows.
2 In subsection (1) for “or the CAA” substitute (in each place) “ , the CAA or a licence holder ”.
3 In subsection (9) after “the CAA” insert (in each place) “ or a licence holder ”.
7In section 49 (acquisition of land for purpose related to highway) after subsection (3) insert—
8
1 Section 50 (powers of entry) shall be amended as follows.
2 In subsection (1)(a), (b) and (c) after “the CAA” insert “ or a licence holder ”.
3 In subsection (1)(d) after “the CAA” insert “ , a licence holder (within the meaning of section 105(1) below) ”.
4 In subsection (3)(a), (b) and (c) for “or the CAA” substitute “ , the CAA or a licence holder ”.
5 In subsection (7) for paragraph (a) substitute—
.
9In section 51(7)(a) (statutory undertakers) after “the CAA” insert “ or a licence holder ”.
10
1 Section 52 (displacements from land) shall be amended as follows.
2 After subsection (1)(c) (and before the word “or”) insert—
.
3 In subsection (2)(a) for “or (c)” substitute “ , (c) or (ca) ”.
4 In subsection (3)(a) after “(c)” insert “ , (ca) ”.
11
1 Section 53 (planning decisions: compensation) shall be amended as follows.
2 In subsection (1)—
a for “entitled to recover from the CAA” substitute “ entitled to recover from the relevant person ”,
b for paragraph (b)(iii) substitute—
3 In subsection (2) for “shall pay the CAA” substitute “ shall refund to the person who paid that sum ”.
4 In subsection (3)—
a for “such a need as aforesaid in respect of an aerodrome or apparatus owned by the CAA,” substitute “ a need referred to in subsection (1)(b)(i) to (iii), ”,
b for “given to the CAA” substitute “ given to the relevant person ”, and
c for “require the CAA” substitute “ require the relevant person ”.
5 In subsection (4) for “the CAA” substitute (in each place) “ the relevant person ”.
6 In subsection (7) for paragraph (b) and the words following it substitute—
7 In subsection (8) for “the CAA” substitute “ the licence holder ”.
8 After subsection (9) insert—
12In section 54(2) (consecrated land and burial grounds) for “in relation to any land acquired by the CAA” substitute
.
13
1 Section 55 (registration of orders, &c.) shall be amended as follows.
2 In subsection (5) after “the CAA” insert “ or a licence holder ”.
3 In subsection (7)(a) after sub-paragraph (ii) (and after the word “and”) insert—
.
4 In subsection (7)(c) after sub-paragraph (i) (and before the word “and”) insert—
.
14In section 105(1) (interpretation) after the definition of “the Lands Tribunal” insert—
.
15In Schedule 6 (modifications of Schedule 6 to the M144Local Government Act (Northern Ireland) 1972)—
a in paragraph 2 after “Civil Aviation Authority” insert “ or (as the case may be) the licence holder ”,
b in paragraph 4 after “Civil Aviation Authority” insert “ or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (“a licence holder”) ”, and
c in paragraphs 5 and 6 after “Civil Aviation Authority” (in each place) insert “ or (as the case may be) the licence holder ”.
16
1 Schedule 7 (certain orders under Part II: supplementary) shall be amended as follows.
2 For the words “the CAA”—
a substitute “ the CAA or a licence holder ” in paragraph 1(1), in the first place where the words appear in paragraph 1(2), and in paragraph 12(2)(a), and
b substitute “ the CAA or the licence holder ” in the second place where the words appear in paragraph 1(2).
3 After paragraph 5(2)(a) insert—
.
4 After paragraph 12(2)(b) insert—
17In Schedule 13 (subordinate instruments), in Part I after the entry for section 42(2) insert—

SCHEDULE 5 

Licence holders as statutory undertakers

Section 37.

Miscellaneous enactments

1
1 For the purposes of the provisions mentioned in sub-paragraph (2)—
a a licence holder carrying out activities authorised by its licence is to be taken to be a statutory undertaker;
b its undertaking as licence holder is to be taken to be a statutory undertaking.
2 The provisions are—
a the M145Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
b section 4 of the M146Requisitioned Land and War Works Act 1948;
c the National Parks and Access to the M147Countryside Act 1949;
d the M148Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;
e the M149Landlord and Tenant Act 1954;
f section 39(6)(b) of the M150Opencast Coal Act 1958;
g section 11 of the M151Land Compensation Act 1961;
F870h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i section 18 of the M152Land Compensation (Scotland) Act 1963;
j Schedule 3 to the M153Harbours Act 1964;
k Schedule 6 to the M154Gas Act 1965;
l the M155New Towns (Scotland) Act 1968;
m paragraph 6 of Schedule 2 to the M156Countryside Act 1968;
n section 22 of the M157Sewerage (Scotland) Act 1968;
o sections F234... 296 and 611 of the M158Housing Act 1985.

Public health

2
1 The provisions mentioned in sub-paragraph (2) apply in relation to—
a a licence holder carrying out activities authorised by its licence, and
b any property which is owned by the licence holder,
as they apply in relation to a railway company and its railway.
2 The provisions are—
a section 330 of the M159Public Health Act 1936 (power of certain undertakers in England and Wales to alter sewers);
b section 333 of that Act (protection of certain undertakings in England and Wales from works executed under that Act);
c section 107 of the M160Public Health (Scotland) Act 1897 (protection of certain undertakings in Scotland from works connected with sewers).

Civil defence

F3933. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pipe-lines

4
1 For the purposes of the M161Pipe-lines Act 1962—
a a licence holder carrying out activities authorised by its licence is to be taken to be a statutory undertaker;
b its undertaking as licence holder is to be taken to be a statutory undertaking.
2 For the purposes of section 13 of the 1962 Act, in relation to a licence holder operational land is land—
a which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or
b in which the licence holder, or a company associated with it, holds an interest for that purpose.
3 If for the purposes of section 13 of the 1962 Act a question arises whether land is operational land in relation to a licence holder the question must be decided by the Secretary of State.

New towns

5
1 Section 79 of the M162New Towns Act 1981 (meaning of statutory undertakers and operational land) shall be amended as follows.
2 In subsection (1) after “the Civil Aviation Authority,” insert
.
3 After subsection (1) insert—
4 In subsection (3) after paragraph (b) insert—
5 After subsection (3) insert—

Planning

6
1 Section 262 of the M163Town and Country Planning Act 1990 (meaning of statutory undertakers) shall be amended as follows.
2 In subsection (3) for “and the Civil Aviation Authority” substitute “ , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) ”.
3 In subsection (5)(b) for “and the Civil Aviation Authority” substitute “ , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) ”.
4 After subsection (5) insert—
7In section 263 of the M164Town and Country Planning Act 1990 (meaning of operational land) after subsection (2) insert—
8In section 91(3) of the M165Planning (Listed Buildings and Conservation Areas) Act 1990 (meaning of statutory undertakers) in paragraph (b) after “the Civil Aviation Authority,” there shall be inserted “ a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence), ”.
9In section 39(6) of the M166Planning (Hazardous Substances) Act 1990 (persons deemed to be statutory undertakers) after “the Civil Aviation Authority” there shall be inserted “ , a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) ”.
10
1 Section 214 of the M167Town and Country Planning (Scotland) Act 1997 (meaning of statutory undertakers) shall be amended as follows.
2 In subsection (3) for “and the Civil Aviation Authority” substitute “ , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) ”.
3 In subsection (5)(b) for “and the Civil Aviation Authority” substitute “ , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) ”.
4 After subsection (5) insert—
11In section 215 of the M168Town and Country Planning (Scotland) Act 1997 (meaning of operational land) after subsection (2) insert—
12In section 81(3) of the M169Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (meaning of statutory undertakers) in paragraph (b) after “the Civil Aviation Authority,” there shall be inserted “ a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence), ”.
13In section 38(5) of the M170Planning (Hazardous Substances) (Scotland) Act 1997 (persons deemed to be statutory undertakers) after “the Civil Aviation Authority” there shall be inserted “ , a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) ”.

Water and drainage

14In Schedule 13 to the M171Water Industry Act 1991 (protection of undertakings) in paragraph 1(5) after paragraph (j) there shall be inserted—
15In Schedule 22 to the M172Water Resources Act 1991 (protection of undertakings) in paragraph 1(4) after paragraph (j) there shall be inserted—
16In Schedule 6 to the M173Land Drainage Act 1991 (protection of undertakings) in paragraph 1(1) after paragraph (j) there shall be inserted—

Development

F32317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18F136...
.

Coal mining subsidence

19In section 52(1) of the M174Coal Mining Subsidence Act 1991 (interpretation) in paragraph (b) of the entry relating to statutory undertakers after “the Civil Aviation Authority” there shall be inserted “ , any person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) ”.

SCHEDULE 6 

Transfer schemes

Section 63.

Allocation

I2481
1 Paragraphs 2 and 3 apply if the following two conditions are satisfied.
2 The first condition is that—
a provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor’s undertaking, or
b provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor’s undertaking.
3 The second condition is that any property, right or liability falls partly in one part of the undertaking and partly in another or others; and the parts of the undertaking are—
a the part (or each part) transferred, and
b if a part is retained by the transferor, that part.
4 In paragraphs 2 and 3 references to the parties are to—
a the transferee or transferees concerned, and
b the transferor (if he retains part of the undertaking).
5 Paragraphs 2 and 3 do not apply to rights or liabilities under a contract of employment.
I2492
1 If the nature of the property, right or liability permits, it must be apportioned in appropriate proportions between the parties; and each appropriate part must be taken to have been transferred to a transferee or retained by the transferor.
2 If an estate or interest in land is to be apportioned under sub-paragraph (1)—
a any rent payable under a lease in respect of the estate or interest, and
b any rent charged on the estate or interest,
must be apportioned so that an appropriate part of the rent is payable in respect of (or charged on) the appropriate part of the estate or interest.
3 Sub-paragraph (2) applies, with any necessary modifications, in relation to any feuduty payable in respect of an estate or interest in land in Scotland as it applies in relation to any rent charged on an estate or interest in land.
I2503
1 If the nature of the property, right or liability does not permit it to be apportioned as mentioned in paragraph 2(1), it must be taken to have been transferred to a transferee or retained by the transferor in accordance with the tests in sub-paragraphs (2) and (3).
2 In the case of an estate or interest in land the test is—
a which one of the parties has the greater (or greatest) need of the estate or interest for business purposes, or
b if it is not possible to say that one of them has the greater (or greatest) need, which one of them is likely to make more (or the most) use of the land.
3 In the case of any other property or any right or liability, the test is which one of the parties is likely—
a to make more (or the most) use of the property, or
b to be more (or the most) affected by the right or liability.
4 The tests in sub-paragraphs (2) and (3) must be applied at—
a the time when the transfer scheme comes into force (or schemes come into force), or
b if there are two or more schemes and they come into force at different times, the later or latest of the times.
5 The preceding provisions of this paragraph apply subject to any arrangements made by the parties as to the protection of the interests of any of them.

Identification

I2514
1 Paragraphs 5 to 7 apply if—
a provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor’s undertaking, or
b provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor’s undertaking.
2 It is immaterial whether or not the second condition set out in paragraph 1 is satisfied.
3 In paragraphs 5 to 7 references to the parties are to—
a the transferee or transferees concerned, and
b the transferor (if he retains part of the undertaking).
4 Paragraphs 5 to 7 do not apply to rights or liabilities under a contract of employment.
I2525
1 The parties must, so far as practicable, make any written agreement necessary or expedient to identify what is to be taken to have been transferred to whom and what (if anything) is to be taken to have been retained.
2 The duty under sub-paragraph (1) has effect before as well as after the coming into force of any transfer scheme concerned.
I2536
1 If the Secretary of State thinks it is unlikely that agreement will be reached on a matter where agreement is required under paragraph 5 he may serve a notice on the parties.
2 A notice may be served—
a whether or not representations are made by a party;
b before or after the coming into force of any transfer scheme concerned.
3 A notice may specify the terms of the agreement which the Secretary of State thinks the parties should have made under paragraph 5 in relation to the matter concerned.
4 If a notice is served under this paragraph the parties are to be treated as having made an agreement in the terms specified.
I2547
1 This paragraph applies if—
a an agreement made under paragraph 5, or
b an agreement treated as made by paragraph 6,
contains provision to the effect that any property, right or liability is to be taken to have been transferred to a transferee.
2 The property, right or liability is to be treated as having been transferred to the transferee by the scheme concerned (or, if there are two or more schemes, such of them as the agreement specifies).

Discharge of functions

I2558
1 Paragraphs 9 and 10 apply if—
a provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor’s undertaking, or
b provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor’s undertaking.
2 It is immaterial whether or not the second condition set out in paragraph 1 is satisfied.
3 In paragraphs 9 and 10 references to the parties are to—
a the transferee or transferees concerned, and
b the transferor (if he retains part of the undertaking).
4 Paragraphs 9 and 10 do not apply to rights or liabilities under a contract of employment.
5 Sub-paragraph (6) applies if at the time a transfer scheme comes into force a transferor or transferee under the scheme is—
a a company which is wholly owned by the Crown;
b a company which is wholly owned by the CAA;
c a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).
6 Paragraphs 9 and 10 cease to apply in relation to the scheme concerned at the time when the transferor or any one of the transferees under the scheme ceases to be a company which falls within any of paragraphs (a) to (c) of sub-paragraph (5).
I2569
1 The parties must, so far as practicable, make any written agreement and execute any other instrument necessary or expedient to—
a give to any party (as against another or others) any rights and safeguards needed for carrying out the party’s functions;
b modify the division of the transferor’s undertaking in order to help the parties in carrying out their functions.
2 An agreement or instrument under sub-paragraph (1) may provide—
a for the granting of leases and for the creation of other rights and liabilities over land (whether or not amounting in law to interests in land and whether or not involving the surrender of any existing interest or the creation of a new interest);
b for the granting of indemnities in connection with the severance of leases and other matters;
c for responsibility for registration of any matter in any statutory register.
3 The duty under sub-paragraph (1) has effect before as well as after the coming into force of any transfer scheme concerned.
I25710
1 If the Secretary of State thinks it is unlikely that agreement will be reached on a matter where agreement is required under paragraph 9 he may serve a notice on the parties.
2 A notice may be served—
a whether or not representations are made by a party;
b before or after the coming into force of any transfer scheme concerned.
3 A notice may specify the terms of the agreement which the Secretary of State thinks the parties should have made under paragraph 9 in relation to the matter concerned.
4 If a notice is served under this paragraph the parties are to be treated as having made an agreement in the terms specified.

Transfers by agreement

I25811
1 If a transfer scheme provides for property, rights or liabilities to be transferred from a transferor to a transferee, they may agree that such of the property, rights or liabilities as are specified in the agreement are to be transferred from the transferee to the transferor.
2 If one or more transfer schemes provide for different property, rights or liabilities to be transferred to different transferees, any transferee may agree with another that such of the property, rights or liabilities as are specified in the agreement are to be transferred from one to the other.
3 This paragraph does not apply to rights or liabilities under a contract of employment.
4 An agreement under this paragraph—
a must be in writing;
b must be made before the end of the required period;
c must be made with the Secretary of State’s approval.
5 The required period is the period of 12 months starting with—
a the day on which the transfer scheme comes into force (or schemes come into force), or
b if there are two or more schemes and they come into force on different days, the later or latest of the days.
6 An agreement under this paragraph may provide for a transfer to take effect on a date specified in or determined in accordance with the agreement; but the agreement may provide that a transfer is not to take effect unless the circumstances are such as the agreement specifies.
7 When a transfer agreed under this paragraph takes effect the agreement has effect to transfer (in accordance with its provisions) the property, rights or liabilities concerned, subject to any enactment which provides for transactions to be registered in a statutory register.

Documents of title

I25912
1 This paragraph applies if on a transfer under a transfer scheme a transferor is entitled to retain possession of any document relating in part to the title to, or to the management of, any land or other property transferred to a transferee.
2 If the land or other property is situated in England and Wales—
a the transferor is to be treated as having given the transferee an acknowledgement in writing of the transferee’s right to production of the document and to delivery of copies of it, and
b section 64 of the M175Law of Property Act 1925 (production and safe custody of documents) is to apply to the acknowledgement and is to apply on the basis that the acknowledgement does not contain an expression of contrary intention.
3 If the land or other property is situated in Scotland, subsections (1) and (2) of section 16 of the M176Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) is to have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “unless specially qualified” were omitted.
4 If the land or other property is situated in Northern Ireland—
a the transferor is to be treated as having given the transferee an acknowledgement in writing of the transferee’s right to production of the document and to delivery of copies of it, and
b section 9 of the M177Conveyancing Act 1881 (which corresponds to section 64 of the M178Law of Property Act 1925) is to apply to the acknowledgement and is to apply on the basis that the acknowledgement does not contain an expression of contrary intention.

Foreign property, rights and liabilities

I26013
1 This paragraph applies if a transfer scheme provides for the transfer of foreign property, rights or liabilities from a transferor to a transferee.
2 The transferor and the transferee must take such steps as may be necessary to secure that the vesting of the property, rights or liabilities in the transferee is effective under the relevant foreign law; and the transferor must take the steps at such times as the transferee may specify in directions given to the transferor.
3 Until the vesting of the property, rights or liabilities in the transferee is effective under the relevant foreign law, the transferor must—
a hold the property or rights for the transferee’s benefit, or
b discharge the liabilities on the transferee’s behalf.
4 The transferor is to have all powers necessary for the performance of his duty under sub-paragraph (2), but the transferee must act on the transferor’s behalf (so far as possible) in the performance of that duty.
5 Nothing in sub-paragraphs (2) to (4) affects the law of the United Kingdom (or of any part of the United Kingdom) as it applies to the vesting of the property, rights or liabilities in the transferee by virtue of the transfer scheme.
6 References in this paragraph to foreign property, rights or liabilities are references to property, rights or liabilities as respects which any issue arising in any proceedings would be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.
7 The transferee must meet any expenses incurred by the transferor in consequence of this paragraph.
8 Duties imposed on the transferor or the transferee by this paragraph are enforceable in the same way as if they were imposed by a contract between them.

Certificates

I26114
1 This paragraph applies if—
a a transfer scheme provides for the transfer of property, rights or liabilities from a transferor to a transferee, and
b a certificate falling within sub-paragraph (2) is made jointly by or on behalf of the parties.
2 A certificate falls within this sub-paragraph if it certifies that any specified property, right or liability—
a was intended to be, and was, vested in the transferee by virtue of the transfer, and
b has not been the subject of an agreement under paragraph 11.
3 The certificate is to be conclusive evidence for all purposes of the facts it certifies.
4 The reference in sub-paragraph (2) to property includes a reference to an interest in or right over property.
5 Sub-paragraph (6) applies if—
a one of the parties requests the other to join in the preparation of a certificate, and
b they fail to agree the terms of a certificate within the period of one month starting with the day of the request.
6 The parties must—
a refer the matter to the Secretary of State, and
b issue a certificate in such terms as may be specified in a direction given by him.
7 The parties are the transferor and the transferee.

Restrictions on dealing with land

I26215
1 For the purposes of this paragraph a person is a party if—
a he is the transferor (or one of the transferors) under a transfer scheme and holds an interest in land immediately after the scheme comes into force, or
b he is the transferee (or one of the transferees) under the scheme and an interest in land is transferred to him under the scheme.
2 For the purposes of this paragraph the relevant land is any land in which any party has an interest immediately after the scheme comes into force.
3 On the representation of any of the parties the Secretary of State may give to the parties a direction stating that sub-paragraph (4) is to apply to such of the relevant land as the direction specifies.
4 While the direction remains in force—
a no party may dispose of an interest in any of the specified land unless the Secretary of State consents;
b if a party proposes to dispose of such an interest and the Secretary of State thinks it necessary or expedient to exercise any of the powers set out in sub-paragraph (5) for the protection of any other party, the Secretary of State may exercise any of those powers.
5 The powers are—
a power to consent to the proposed disposal subject to compliance with such conditions as the Secretary of State may see fit to impose;
b power to require a party to dispose of an interest in any of the specified land to such person and in such manner as may be specified in the requirement;
c power to require a party to acquire another party’s interest in any of the specified land.
6 In sub-paragraph (5)(b) and (c) references to an interest include (but are not limited to) references to the interest whose disposal is proposed.
7 A person who is not a party and who is dealing with a party (or with a person claiming under a party) in relation to land is not to be concerned to see or enquire—
a whether this paragraph applies (or has applied) in relation to any of the land;
b whether a direction under this paragraph has been given in relation to any of the land;
c whether this paragraph or any condition imposed or requirement made under it has been complied with in connection with the dealing or any other dealing concerning any of the land.
8 No transaction between a person who is not a party (on the one hand) and a party or a person claiming under a party (on the other) is to be invalid by reason of any failure to comply with this paragraph or any condition imposed or requirement made under it.

Construction of agreements etc

I26316
1 This paragraph applies if—
a a transfer scheme provides for the transfer of property, rights or liabilities from a transferor to a transferee, and
b immediately before the coming into force of the scheme the transferor was entitled or subject to the property, rights or liabilities under an agreement to which he was then a party.
2 This paragraph applies—
a whether or not the agreement is in writing;
b whether or not the transferor could assign the property, rights or liabilities.
3 So far as the agreement relates to the property, rights or liabilities transferred to the transferee, as respects anything falling to be done after the coming into force of the scheme the agreement is to have effect as if—
a the transferee had been a party to it instead of the transferor;
b a reference to the transferor were a reference to the transferee;
c a reference to a person employed by (or engaged in the business of) the transferor and holding a specified office or serving in a specified capacity were a reference to such a person as the transferee may appoint or, in default of appointment, to a person with corresponding functions who is employed by (or engaged in the business of) the transferee;
d a reference in general terms to persons employed by, persons engaged in the business of, or agents of, the transferor were a reference to persons employed by, persons engaged in the business of, or agents of, the transferee.
4 A reference mentioned in sub-paragraph (3)(b) or (c) may be express or implied; and if express it is immaterial how it is worded.
5 It is immaterial how a reference mentioned in sub-paragraph (3)(d) is worded.
I26417
1 This paragraph applies if—
a a transfer scheme provides for the transfer of property, rights or liabilities from a transferor to a transferee, and
b immediately before the coming into force of the scheme any provision of an agreement to which the transferor was not a party, any statutory provision or any provisions of a document (other than an agreement) related to the property, rights or liabilities transferred to the transferee.
2 This paragraph applies—
a whether or not the agreement mentioned in sub-paragraph (1)(b) is in writing;
b whether or not the transferor could assign the property, rights or liabilities.
3 So far as the agreement, provision or document relates to the property, rights or liabilities transferred to the transferee, as respects anything falling to be done after the coming into force of the scheme the agreement, provision or document is to have effect as if—
a a reference to the transferor were a reference to the transferee;
b a reference to a person employed by (or engaged in the business of) the transferor and holding a specified office or serving in a specified capacity were a reference to such a person as the transferee may appoint or, in default of appointment, to a person with corresponding functions who is employed by (or engaged in the business of) the transferee;
c a reference in general terms to persons employed by, persons engaged in the business of, or agents of, the transferor were a reference to persons employed by, persons engaged in the business of, or agents of, the transferee.
4 A reference mentioned in sub-paragraph (3)(a) or (b) may be express or implied; and if express it is immaterial how it is worded.
5 It is immaterial how a reference mentioned in sub-paragraph (3)(c) is worded.
6 A reference mentioned in sub-paragraph (3) to the transferor may be a general reference to a class of persons of which the transferor is one (without the transferor being named).
7 For the purposes of this paragraph a statutory provision is a provision contained in an Act or in a document made or issued under an Act; and here “Act” includes a private or local Act.

Proceedings etc

I26518
1 This paragraph applies if a transfer scheme provides for a transfer from a transferor to a transferee.
2 From the coming into force of the scheme the transferee is to have the same rights, powers and remedies for ascertaining, perfecting or enforcing a right or liability transferred to him under the scheme as he would have had if the right or liability had at all times been a right or liability of his.
3 From the coming into force of the scheme any person (other than the transferee) is to have the same rights, powers and remedies for ascertaining, perfecting or enforcing a right or liability transferred to the transferee under the scheme as he would have had if the right or liability had at all times been a right or liability of the transferee.
4 The rights and powers which the transferee or any other person is to have include—
a rights and powers as to the taking or resisting of legal proceedings;
b rights and powers as to the making or resisting of applications to an authority.
5 Sub-paragraph (6) applies if on the coming into force of the scheme legal proceedings or applications to an authority by or against the transferor are pending.
6 The proceedings or applications must be continued by or against the transferee (to the transferor’s exclusion) in so far as they relate—
a to any property, rights or liabilities transferred to the transferee under the scheme, or
b to any agreement or enactment relating to any such property, rights or liabilities.

Third parties

I26619
1 This paragraph applies if—
a an agreement is made by the parties under paragraph 5 or 9 or treated as made under paragraph 6 or 10, or
b an instrument is executed by the parties under paragraph 9.
2 The agreement or instrument is to bind all other persons even if it would (apart from this sub-paragraph) have required the consent or concurrence of any other person.
3 If as a result of the agreement or instrument the rights or liabilities of a person who is not a party become enforceable as to part against or by one party and as to part against or by another party—
a the parties must notify that person of the agreement or instrument;
b that person may within the period of 28 days (starting with the day he is notified) apply to the Secretary of State to give a direction to vary the agreement or instrument.
4 If the Secretary of State is satisfied that the agreement or instrument operated unfairly against that person, the Secretary of State may give a direction to the parties requiring them to vary the agreement or instrument in a way specified in the direction.
I26720
1 For the purposes of this paragraph—
a a party is a person who is a transferor or a transferee under the transfer scheme or schemes referred to in this paragraph;
b a third party is a person who is not a transferor or a transferee under the transfer scheme or schemes referred to in this paragraph.
2 This paragraph applies if—
a a transfer scheme is made or transfer schemes are made,
b rights or liabilities of a third party are (apart from the scheme or schemes) enforceable against or by a transferor,
c in consequence of the scheme or schemes or of anything done under this Schedule the third party’s rights or liabilities become enforceable as to different parts against or by different parties, and
d the value of any property or interest of the third party is diminished as a result.
3 Just compensation must be paid to the third party by one or more of these persons—
a the parties against or by whom the third party’s rights or liabilities become enforceable;
b the transferor concerned (if he does not fall within paragraph (a)).
4 If it appears to the transferor that a person is or may be entitled to compensation the transferor must—
a notify the person that he is or may be entitled, and
b invite him to make representations to the transferor within the period of 14 days starting with the date the notification is made.
5 But if the transferor does not know the person’s name and address he must instead publish (in a manner he thinks is appropriate) a notice which—
a contains information about the property or interest affected, and
b invites any person who thinks he is or may be entitled to compensation to make representations to the transferor within the period specified in the notice (which must not be less than 28 days starting with the date of publication of the notice).
6 A dispute about whether (or how much) compensation is payable under this paragraph, or about who must pay or be paid it, must be referred to and determined by—
a an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),
b an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or
c an arbitrator appointed by the Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland (if the proceedings are to be held in Northern Ireland).
I26821
1 For the purposes of this paragraph—
a a third party is a person who is not a transferor or a transferee under the transfer scheme or schemes referred to in this paragraph;
b a transferred item is any property, right, liability, undertaking or part of an undertaking which is the subject of a transfer (or transfers) under the transfer scheme or schemes referred to in this paragraph.
2 This paragraph applies if a transfer scheme is made (or transfer schemes are made) and there are court proceedings the parties to which are (or include) a third party and either—
a the transferor of a transferred item, or
b any transferee or transferees of the item.
3 The third party may apply to the court at any stage in the proceedings on any of these grounds—
a that the issues in the proceedings depend on the identification, with regard to the transferred item, of what has been transferred to whom and what (if anything) has been retained and that the identification has not yet been made;
b that the issues in the proceedings raise a question of construction on the provisions of this Chapter which would not arise if the transferor of the transferred item and the transferee (or transferees) of it constituted a single person.
4 If it appears to the court that such a ground is established it may hear and determine the proceedings on the first and second bases set out below.
5 If the transferor of the transferred item is a party to the proceedings, the first basis is that the transferor represents and is answerable for the transferee (or transferees) of the item.
6 If there is one transferee of the transferred item and he is a party to the proceedings, the first basis is that the transferee represents and is answerable for the transferor of the item.
7 If there are two or more transferees of the transferred item and they are parties to the proceedings, the first basis is that the transferees represent and are answerable for the transferor of the item.
8 If there are two or more transferees of the transferred item and one or more of them (but not both or all of them) are parties to the proceedings, the first basis is that—
a the transferee who is a party represents and is answerable for the transferor of the item and for the transferee of it who is not (or the transferees of it who are not) parties, or
b the transferees who are parties represent and are answerable for the transferor of the item and for the transferee of it who is not (or the transferees of it who are not) parties.
9 The second basis is that the transferor of the transferred item and the transferee (or transferees) of it constitute a single person.
10 If the court determines the proceedings on the first and second bases any judgment or order of the court is to bind both the transferor and the transferee (or transferees) of the transferred item.
I26922
1 For the purposes of this paragraph a relevant person is a person who satisfies these conditions—
a he is a transferor or transferee under a transfer scheme or transfer schemes, and
b he might be prejudiced by paragraph 21 if there were court proceedings in which the scheme or schemes were an issue.
2 A relevant person must keep each other relevant person informed of any court proceedings in which the scheme or schemes may become an issue.
I27023
1 This paragraph applies if a person falling within sub-paragraph (3) (the claimant) claims that—
a he has been prejudiced by paragraph 21,
b another person or other persons falling within sub-paragraph (3) ought to indemnify him, and
c there has been an unreasonable failure by the person (or any of the persons) to indemnify him.
2 The claimant may refer the matter to the Secretary of State for determination by him; and a determination must be complied with.
3 A person falls within this sub-paragraph if he is a transferor or a transferee under the scheme or schemes concerned.

General

I27124Paragraphs 11 to 18 and 20 apply whether or not property, rights or liabilities are (or are to be) transferred under the scheme or schemes as a constituent of an undertaking (or part of one).
I27225
1 Paragraphs 12 to 18 and 20 to 24 have effect as if references to a transfer scheme or schemes included references to—
a an agreement or agreements under paragraph 9 or 11;
b an instrument or instruments under paragraph 9;
c an agreement or agreements treated as made under paragraph 10.
2 Where paragraph 14 has effect in relation to an agreement under paragraph 11 by virtue of sub-paragraph (1), sub-paragraph (2)(b) of paragraph 14 shall be disregarded.
3 Paragraph 19 has effect in relation to an agreement under paragraph 11 as it has effect in relation to an agreement made under paragraph 5 or 9.
4 Where paragraphs 12 to 24 have effect in relation to—
a an agreement under paragraph 9 or 11,
b an instrument under paragraph 9, or
c an agreement treated as made under paragraph 10,
references to a transferor or a transferee have effect as references to a transferor or a transferee under the agreement or the instrument.

SCHEDULE 7 

Transfer schemes: tax

Section 64.

Interpretation

I2731In this Schedule—
  • “the 1988 Act” means the M179Income and Corporation Taxes Act 1988;
  • “the 1990 Act” means the M180Capital Allowances Act 1990;
  • “the 1992 Act” means the M181Taxation of Chargeable Gains Act 1992;
  • “relevant transfer” means a transfer of property, rights or liabilities under a transfer scheme;
  • “transferee” in relation to a relevant transfer means the person to whom the property, rights or liabilities are transferred;
  • “transferor” in relation to a relevant transfer means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: general

I2742
1 For the purposes of the 1992 Act a disposal constituted by a relevant transfer is to be taken (in relation to the transferee as well as the transferor) to be for a consideration such that no gain or loss accrues to the transferor.
2 Sub-paragraph (1) has effect subject to the following provisions of this Schedule.
F7383 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Section 171(1) of the 1992 Act (provision in relation to disposal of assets from one member of a group of companies to another member of the group) does not apply if the disposal in question is constituted by a relevant transfer.
5 Expressions used in this paragraph and in the 1992 Act have the same meanings in this paragraph as in that Act.

Chargeable gains: securities

I2753
1 This paragraph applies if—
a assets are transferred to a company under a transfer scheme,
b in consequence the Secretary of State gives a direction under section 49 above, and
c the company issues securities in accordance with the direction.
2 For the purposes of the 1992 Act the person to whom the securities are issued is to be treated as acquiring them for a consideration—
a provided by him wholly and exclusively for the securities, and
b equal to the market value of the assets transferred to the company under the scheme.
3 This paragraph applies whether or not the person to whom the securities are issued is the person transferring the assets under the scheme.
4 Expressions used in this paragraph and in the 1992 Act have the same meanings in this paragraph as in that Act.
I2764
1 This paragraph applies if —
a the Secretary of State gives a direction under section 57 above requiring the CAA to release a company from liability in respect of debts,
b in connection with the direction the Secretary of State gives a direction or directions under section 58 above, and
c securities are issued in accordance with the direction or directions under section 58.
2 Sub-paragraph (3) applies if the direction under section 58 requires securities to be issued to one person only or the directions under that section (taken together) require securities to be issued to one person only; and sub-paragraph (4) applies in any other case.
3 For the purposes of the 1992 Act the person to whom the securities are issued is to be treated as acquiring them for a consideration—
a provided by him wholly and exclusively for the securities, and
b equal to the amount of the liability affected by the release required by the direction under section 57.
4 For the purposes of the 1992 Act a person to whom any of the securities are issued is to be treated as acquiring them for a consideration—
a provided by him wholly and exclusively for the securities, and
b equal to such part as is just and reasonable of the amount of the liability affected by the release required by the direction under section 57.
5 This paragraph applies whether or not the person to whom the securities are issued, or any person to whom any of the securities are issued, is a person transferring anything under the transfer scheme in connection with which the direction under section 57 is given.
6 Expressions used in this paragraph and in the 1992 Act have the same meanings in this paragraph as in that Act.

Chargeable gains: value shifting

I2775Nothing in this Chapter and nothing done under it is to be regarded as a scheme or arrangement for the purposes of section 30 of the 1992 Act (tax-free benefits).

Chargeable gains: roll-over relief

I2786
1 This paragraph applies if—
a but for section 154 of the 1992 Act (depreciating assets) a held-over gain would have been carried forward to a depreciating asset,
b the asset is the subject of a relevant transfer, and
c the Secretary of State is not the transferee under the relevant transfer.
2 Section 154 is to have effect as if the gain had accrued to, and the claim for it to be held over had been made by, the transferee and as if the transferor’s acquisition of the depreciating asset had been the transferee’s acquisition of it.
3 Expressions used in this paragraph and in section 154 have the same meanings in this paragraph as in that section.

Chargeable gains: restriction of losses

I2797
1 If there has been a relevant transfer of an asset section 174(1) of the 1992 Act (which applies section 41 to cases where assets have been acquired without gain or loss) is to have effect as if the asset had been transferred to the transferee, and acquired by him, in relevant circumstances.
2 This paragraph is not to prejudice paragraph 2.
3 Expressions used in this paragraph and in section 174(1) of the 1992 Act have the same meanings in this paragraph as in section 174(1).

Chargeable gains: groups

I2808
1 Sub-paragraph (2) applies if a company (the degrouped company)—
a acquired an asset from another company at any time when both were members of the same group of companies (the old group),
b ceases by virtue of a relevant transfer to be a member of the old group, and
c becomes by virtue of the transfer a member of another group of companies (the new group).
2 Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.
3 Sub-paragraph (4) applies if—
a sub-paragraph (2) applies to an asset, and
b the degrouped company ceases to be a member of the new group.
4 On the company so ceasing section 179 of the 1992 Act is to have effect as if the degrouped company and the company from which it acquired the asset had been members of the new group at the time of acquisition.
5 But sub-paragraph (4) does not apply if—
a at the time when the degrouped company ceases to be a member of the new group the company from which it acquired the asset also ceases to be a member of the new group,
b the companies are associated companies immediately before and immediately after that time, and
c the companies were associated companies at the time of acquisition.
6 Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.
I2819
1 Sub-paragraph (3) applies if—
a a company (the degrouped company) ceases by virtue of a relevant transfer to be a member of a group of companies (the old group),
b it becomes by virtue of the transfer a member of another group of companies (the new group),
c it ceases to be a member of the new group, and
d the condition in sub-paragraph (2) is satisfied.
2 The condition is that—
a the degrouped company acquired an asset under a relevant transfer at a time falling before it ceases to be a member of the new group, and
b at the time of acquisition the degrouped company and the transferor were not members of the new group.
3 On the degrouped company ceasing to be a member of the new group section 179 of the 1992 Act is to have effect as if the degrouped company and the transferor had been members of the new group at the time of acquisition.
4 But sub-paragraph (3) does not apply if—
a at the time when the degrouped company ceases to be a member of the new group the transferor also ceases to be a member of the new group,
b the companies are associated companies immediately before and immediately after that time, and
c the companies were associated companies at the time of acquisition.
5 Paragraph 8(4) and sub-paragraph (3) above may apply on the same occasion; but if paragraph 8(4) applies to an asset on a given occasion sub-paragraph (3) above does not apply to that asset on that occasion.
6 Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.
I28210
1 Sub-paragraph (4) applies if—
a a company ceases by virtue of a relevant transfer to be a member of a group of companies (the old group),
b it becomes by virtue of the transfer a member of another group of companies (the new group),
c a company falling within sub-paragraph (2) (the degrouped company) ceases to be a member of the new group, and
d the condition in sub-paragraph (3) is satisfied.
2 A company falls within this sub-paragraph if immediately before it ceases to be a member of the new group it is a subsidiary of—
a the company referred to in sub-paragraph (1)(a), or
b the principal company of the new group (if that company differs from the company referred to in sub-paragraph (1)(a)).
3 The condition is that—
a the degrouped company acquired an asset under a relevant transfer at a time falling before it ceases to be a member of the new group, and
b at the time of acquisition the degrouped company and the transferor were not members of the new group.
4 On the degrouped company ceasing to be a member of the new group section 179 of the 1992 Act is to have effect as if the degrouped company and the transferor had been members of the new group at the time of acquisition.
5 But sub-paragraph (4) does not apply if—
a at the time when the degrouped company ceases to be a member of the new group the transferor also ceases to be a member of the new group,
b the companies are associated companies immediately before and immediately after that time, and
c the companies were associated companies at the time of acquisition.
6 Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Capital allowances

I28311
1 This paragraph applies if—
a property which is plant or machinery is the subject of a relevant transfer,
b Chapter 1 of Part 22 of the Corporation Tax Act 2010 (transfers of trade without a change of ownership) does not apply in relation to the transfer, and
c the transfer scheme concerned contains provision for the disposal value of the property to be taken for the purposes of the Capital Allowances Acts to be of an amount specified in or determined in accordance with the scheme.
2 For the purposes of the Capital Allowances Acts—
a the provision mentioned in sub-paragraph (1)(c) is to have effect (instead of section 26(1) or 59 of the 1990 Act) for determining an amount as the disposal value of the property or the price at which a fixture is to be treated as sold;
b the transferee is to be taken to have incurred expenditure of that amount on the provision of the property;
c in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be taken for the purposes of section 54 of the 1990 Act to be incurred by the giving of a consideration consisting in a capital sum of that amount.
3 A provision mentioned in sub-paragraph (1)(c) for the determination of an amount may include provision—
a for a determination to be made by the Secretary of State in a manner described in the scheme;
b for a determination to be made by reference to factors so described or to the opinion of a person so described;
c for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.
4 The Treasury’s consent is required for the making or modification of a determination under a provision mentioned in sub-paragraph (1)(c).
5 The transferee’s consent is also required for such a modification after the relevant transfer takes effect.
6 If there is a determination or a modification of a determination under a provision mentioned in sub-paragraph (1)(c) all necessary adjustments—
a must be made by making assessments or by repayment or discharge of tax, and
b must be made notwithstanding any limitation on the time within which assessments may be made.
7 In this paragraph “the Capital Allowances Acts” has the same meaning as in the Tax Acts and “fixture” has the same meaning as in Chapter VI of Part II of the 1990 Act.

Transfers of trading stock

I28412
1 This paragraph applies if—
a under a relevant transfer trading stock of the transferor is transferred to the transferee, and
b the stock falls, immediately after the time when the transfer takes effect, to be treated as trading stock of the transferee.
2 Sub-paragraphs (3) and (4) have effect in computing the profits or gains of the relevant trades for the purposes of the Corporation Tax Acts; and the relevant trades are—
a the trade in relation to which the stock is trading stock immediately before the time when the transfer takes effect, and
b the trade in relation to which it is trading stock after that time.
3 The stock must be taken—
a to have been disposed of by the transferor in the course of the trade carried on by the transferor,
b to have been acquired by the transferee in the course of the trade carried on by the transferee, and
c subject to that, to have been disposed of and acquired at the time when the transfer takes effect.
4 The stock must be valued for the purposes of each of the relevant trades as if the disposal and acquisition had been for a consideration which in relation to the transferor would have resulted in neither a profit nor a loss being brought into account in respect of the disposal in the accounting period of the transferor which ends with, or is current at, the time when the transfer takes effect.
5 In this paragraph “trading stock” has the same meaning as in section 163 of the Corporation Tax Act 2009.

Trading losses: transfer of trade

I28513
1 This paragraph applies if a transfer scheme provides for a relevant transfer as a result of which the transferor ceases to carry on a trade and the transferee begins to carry it on.
2 A transferor treated as ceasing to carry on a trade for the purposes of Chapter 1 of Part 22 of the Corporation Tax Act 2010 (transfers of trade without a change of ownership) is to be so treated for the purposes of this paragraph.
3 A transferee treated as beginning to carry on a trade for the purposes of that Chapter is to be so treated for the purposes of this paragraph.
4 Sub-paragraph (5) applies if the transfer will result in the transferee being entitled to relief for an amount in respect of the trade under section 45 of the Corporation Tax Act 2010 (carry forward of trading losses) by virtue of section 944(3) of that Act.
5 In such a case the scheme may provide that the amount is to be treated as such amount (the replacement amount) as is specified in or determined in accordance with the scheme.
6 Sub-paragraph (7) applies if the trade concerned is in fact part of a trade of the transferor and the transferor is entitled to relief for an amount under section 45 of the Corporation Tax Act 2010 in respect of the part retained.
7 In such a case the scheme may provide that the amount is to be treated as such amount (the replacement amount) as is specified in or determined in accordance with the scheme.
8 A provision under sub-paragraph (5) or (7) must be such that the replacement amount is not greater than the amount it replaces; and the replacement amount may be nil.
9 When the scheme comes into force a provision made under sub-paragraph (5) or (7) is to have effect for the purposes of arriving at the amount of relief concerned.

Trading losses: change in ownership

I28614
1 This paragraph applies if under a relevant transfer all the issued share capital of a company (the transferred company) is transferred from the CAA to—
a the Secretary of State, or
b a company whose shares are all held by the Secretary of State when the transfer takes effect.
2 For the purposes of Chapter 2 of Part 14 of the Corporation Tax Act 2010 (but not section 674(1) of that Act) (disallowance of trading losses on change in company’s ownership) the transfer is not to be taken to result in a change in the ownership of—
a the transferred company, or
b a company which is a wholly owned subsidiary of the transferred company when the transfer takes effect.

Leased assets

I28715
1 This paragraph applies for the purposes of Chapter 4 of Part 19 of the Corporation Tax Act 2010 or Chapter 4 of Part 12A of the Income Tax Act 2007 (assets leased to traders and others) if the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred to a person under a relevant transfer.
2 The transfer is to be treated as made without any capital sum having been obtained in respect of the interest by the transferor or the transferee; and this is so notwithstanding section 879 of the Corporation Tax Act 2010 and section 681DI of the Income Tax Act 2007.

Securities

I28816
1 This paragraph applies if securities are issued by a company in pursuance of a direction of the Secretary of State under section 49 or 58 above.
2 A share issued by the company is to be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a subscription paid to the company of an amount equal to the nominal value of the share.
3 A debenture issued by the company is to be treated for the purposes of the Corporation Tax Acts as if it had been issued—
a wholly in consideration of a loan made to the company of an amount equal to the principal sum payable under the debenture, and
b wholly and exclusively for the purposes of the trade carried on by the company.
4 If a debenture issued by the company includes provision for the payment of a sum expressed as interest in respect of a period falling wholly or partly before the issue of the debenture, a payment made in pursuance of the provision in respect of the period is to be treated for the purposes of the Corporation Tax Acts as if the debenture had been issued at the commencement of the period and (accordingly) as interest on the principal sum payable under the debenture.
5 This paragraph has effect subject to paragraphs 3, 4 and 17.
I28917
1 This paragraph applies if—
a securities are issued to a company in pursuance of a direction of the Secretary of State under section 49 or 58 above, and
b by virtue of any such security the company has a loan relationship for the purposes of the Corporation Tax Acts.
2 For the purposes of Part 5 of the Corporation Tax Act 2009 (loan relationships) the company is to be taken to have acquired its rights under the security wholly in consideration of a loan made by it to the issuing company of an amount equal to the principal sum payable under the security.
3 Expressions used in this paragraph and in Part 5 of the Corporation Tax Act 2009 have the same meanings in this paragraph as in that Part.

Stamp duty

I29018
1 A relevant transfer is not to give rise to liability to stamp duty.
2 Stamp duty is not to be chargeable on a transfer scheme.
3 Stamp duty is not to be chargeable on an instrument which is certified to the Commissioners of Inland Revenue by the Secretary of State as having been made for the purposes of (or for purposes connected with) a transfer scheme.
4 But no instrument which is certified as mentioned in sub-paragraph (3) is to be taken to be duly stamped unless—
a it is stamped with the duty to which it would be liable but for that sub-paragraph, or
b it has, in accordance with section 12 of the M182Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped.
5 Stamp duty is not to be chargeable on an instrument which is made under Schedule 6.

Stamp duty reserve tax

I29119An agreement is not to give rise to a charge to stamp duty reserve tax if—
a it is made for the purposes of (or for purposes connected with) a transfer scheme, or
b it is made under Schedule 6.

Agreements

I29220
1 Sub-paragraph (2) applies if the effect of—
a an agreement made under paragraph 9 or 11 of Schedule 6,
b an instrument executed under paragraph 9 of Schedule 6, or
c an agreement treated as made under paragraph 10 of Schedule 6,
is to modify the effect of a transfer scheme.
2 This Schedule, the 1988 Act, the 1990 Act and the 1992 Act are to have effect as if—
a the scheme had been made as modified, and
b anything done by or in relation to the preceding holder had (so far as relating to the property, rights or liabilities affected by the modification) been done by or in relation to the subsequent holder.
3 Sub-paragraph (4) applies to a disposal of an asset if the disposal—
a is effected in pursuance of an agreement made or treated as made under paragraph 9 or 10 of Schedule 6 or is effected by an instrument executed under paragraph 9 of that Schedule, and
b is the grant of a lease of land or the creation of other rights and liabilities over land.
4 For the purposes of the 1992 Act the disposal is to be taken (in relation to the person to whom it is made as well as the person making it) to be for a consideration such that no gain or loss accrues to the person making it.
5 Section 171(1) of the 1992 Act (provision in relation to disposal of assets from one member of a group of companies to another member of the group) does not apply if sub-paragraph (4) applies to the disposal in question.
6 References in this paragraph to an agreement or instrument include references to the agreement or instrument as varied in accordance with a direction under paragraph 19(4) of Schedule 6.
7 For the purposes of sub-paragraph (2) the preceding holder is the person who without the modification—
a became (under the transfer scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification, or
b remained (despite the transfer scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification,
as the case may be.
8 For the purposes of sub-paragraph (2) the subsequent holder is the person who (in consequence of the modification) becomes, or resumes being, entitled or subject to the property, rights or liabilities affected by the modification.

SCHEDULE 8 

Amendments about air traffic

Section 97.

Part I  Licences

House of Commons Disqualification Act 1975 (c.24)

I2931In the House of Commons Disqualification Act 1975, in Part III of Schedule 1, after the entry “Director of the Commonwealth Institute” there shall be inserted—

Northern Ireland Assembly Disqualification Act 1975 (c.25)

I2942In the Northern Ireland Assembly Disqualification Act 1975, in Part III of Schedule 1, after the entry “Director of Cable and Wireless Limited nominated by a Minister of the Crown or government department” there shall be inserted—

Part II  Air navigation services

Civil Aviation Act 1982 (c.16)

3Section 72 of the Civil Aviation Act 1982 (CAA’s duty to provide air navigation services) shall cease to have effect.

Part III  Charges

Civil Aviation Act 1982 (c.16)

4Sections 73 and 74 of the Civil Aviation Act 1982 (charges for air navigation services etc) shall cease to have effect.
5In section 86 of the Civil Aviation Act 1982 (mortgaging of aircraft) in subsection (2)(b) for “section 74(4) above” there shall be substituted “ section 83 of the Transport Act 2000 (detention and sale of aircraft) ”.
6
1 Section 88 of the Civil Aviation Act 1982 (detention and sale of aircraft for unpaid airport charges) shall be amended as follows.
2 In subsection (6)(d) for “regulations under section 73 above” substitute “ section 73 of the Transport Act 2000 (or, if more than one such charge is due, in payment of them in such order as the Secretary of State may specify by order) ”.
3 In subsection (10) in the definition of “airport charges” for “regulations under section 73 above” substitute “ section 73 of the Transport Act 2000 ”.
7In section 90 of the Civil Aviation Act 1982 (Convention rights) in subsection (2)(b) for “section 74(4) above” there shall be substituted “ section 83 of the Transport Act 2000 (detention and sale of aircraft) ”.
8
1 In Schedule 4 to the Civil Aviation Act 1982 (Eurocontrol) paragraph 1 shall be amended as follows.
2 In sub-paragraph (5) omit the definition of “record”.
3 After sub-paragraph (5) insert—
9In Schedule 13 to the Civil Aviation Act 1982 (subordinate instruments) in Part II after the entry relating to section 87 there shall be inserted—
.

Airports Act 1986 (c.31)

F79010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV  Competition

Fair Trading Act 1973 (c.41)

F11811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Competition Act 1980 (c.21)

F11812. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil Aviation Act 1982 (c.16)

I29513In section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) after subsection (2) there shall be inserted—

Competition Act 1998 (c.41)

I29614
1 Section 54 of the Competition Act 1998 (regulators) shall be amended as follows.
F8292 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In subsection (4) after “Schedule 10” insert “ or by Chapter V of Part I of the Transport Act 2000 ”.
F21615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I29716
1 Schedule 13 to the Competition Act 1998 (transitionals and savings) shall be amended as follows.
2 In paragraph 1(1) in the definition of “regulator” after “Schedule 10” insert “ and the Civil Aviation Authority ”.
3 In paragraph 35(2) after paragraph (g) insert—

Part V  Hostilities etc

Civil Aviation Act 1982 (c.16)

I29817
1 Section 6 of the Civil Aviation Act 1982 (directions in national interest etc) shall be amended as follows.
2 In each of subsections (1) and (2) omit the words from “and in so far” to the end.
3 After subsection (2) insert—
18Sections 62 and 63 of the Civil Aviation Act 1982 (control in time of war or emergency) shall cease to have effect.

Airports Act 1986 (c.31)

I29919
1 Section 30 of the Airports Act 1986 (directions in interests of national security etc) shall be amended as follows.
2 After subsection (4) insert—
3 In subsection (5) after “to him as an airport operator” insert “ (other than section 93 of the Transport Act 2000 or an order under section 94 of that Act) ”.

I300SCHEDULE 9 

Air traffic: information

Section 102.

Prohibition on disclosure

I3011
1 This Schedule applies to information if—
a it was obtained under or by virtue of this Part, and
b it relates to the affairs of an individual or to a particular business.
2 The information must not be disclosed during the lifetime of the individual or so long as the business is carried on, except as provided below.

Other permitted disclosures

I303C313
1 Paragraph 1(2) does not apply to a disclosure made—
a for the purpose of facilitating the carrying out by the Secretary of State, the CAA or the Competition and Markets Authority of any of his or their functions under this Part;
b for the purpose of facilitating the carrying out by a person or body mentioned in sub-paragraph (2) of any of his or its functions under an enactment or instrument specified in sub-paragraph (3);
c for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any powers conferred by the M183Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency;
d for the purpose of enabling or assisting an inspector appointed under the enactments relating to companies to carry out his functions;
e for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the M184Insolvency Act 1986 or Article 350 of the M185Insolvency (Northern Ireland) Order 1989 to carry out its functions;
f for the purpose of facilitating the carrying out by F871... the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority (within the meaning of Part I of the M186Health and Safety at Work etc. Act 1974) of any functions under a relevant statutory provision (within the meaning of that Act);
fa for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;
g for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;
h in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
i for the purposes of any civil proceedings brought under or by virtue of this Part or any enactment or instrument specified in sub-paragraph (3);
j in pursuance of a EU obligation;
F584k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
l by the Secretary of State, or with his consent, to an international organisation of which the United Kingdom is a member;
m in connection with negotiations conducted by officers of the Secretary of State with representatives of the government of a country or territory outside the United Kingdom;
n in connection with the discharge of an obligation of the United Kingdom under international arrangements;
o to a person to whom the information in question is required to be disclosed by regulations made in pursuance of section 7(2) of the M187Civil Aviation Act 1982 (special provisions as respects certain functions);
p for the purposes of an investigation undertaken in pursuance of regulations made under section 75 of the M188Civil Aviation Act 1982 (investigation of accidents).
2 The persons and bodies are—
a any Minister of the Crown;
F779b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c the Competition and Markets Authority;
d the Office of Communications;
F860e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f the Director General of Gas Supply;
g the Water Services Regulation Authority;
h the Director General of Electricity Supply;
i the Coal Authority;
j the CAA;
k the Office of Rail and Road;
F898l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
m a local weights and measures authority in Great Britain.
3 The enactments and instruments are—
a the M189Trade Descriptions Act 1968;
b the M190Fair Trading Act 1973;
c the M191Consumer Credit Act 1974;
d the M192Estate Agents Act 1979;
e the M193Competition Act 1980;
f the M194Telecommunications Act 1984;
g the M195Airports Act 1986;
h the M196Gas Act 1986;
i the M197Insolvency Act 1986;
j the M198Consumer Protection Act 1987;
k the M199Electricity Act 1989;
l the M200Broadcasting Act 1990;
F343m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
n the M201Water Industry Act 1991;
o the M202Water Resources Act 1991;
p the M203Railways Act 1993;
q the M204Coal Industry Act 1994;
qa the Broadcasting Act 1996;
r the M205Competition Act 1998;
ra the Enterprise Act 2002;
rb the Communications Act 2003;
rb the Water Act 2003;
rd the Railways Act 2005;
re the Airport Charges Regulations 2011;
rf Part 1 of the Civil Aviation Act 2012;
rg Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;
rh the Water Act 2014;
ri the following provisions of the Digital Markets, Competition and Consumers Act 2024—
i Part 3;
ii Chapter 1 of Part 4;
iii Chapter 2 of Part 5.
F478s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F952sa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
t any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising;
u any Air Navigation Order made under section 60 of the M206Civil Aviation Act 1982.
I3044The Secretary of State may by order amend paragraph 3.

Other exceptions

I3055
1 Paragraph 1(2) does not limit—
a the information which may be included in a report of the Competition and Markets Authority on a reference under section 12;
b the information or advice which may be published by the CAA under section 90.
2 Paragraph 1(2) does not apply to—
a information which has been published in a report published under section 13;
b information which has otherwise been made available to the public by being disclosed in circumstances in which, or for a purpose for which, disclosure is not precluded by this Schedule.
3 Information obtained by the CAA in exercising functions which are exercisable concurrently with the Competition and Markets Authority under Part I of the M207Competition Act 1998 is subject to Part 9 of the Enterprise Act 2002 (Information) and not to paragraph 1(2).

Offence

I3066A person who discloses information in contravention of this Schedule is guilty of an offence and liable—
a on summary conviction, to a fine not exceeding the statutory maximum;
b on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Schedule 9A 

Procedure for varying franchising scheme

Section 123MA(3)

Part 1 Adding to scheme area

1 Application

A franchising authority or authorities must comply with the requirements of this Part of this Schedule before varying the area specified under section 123H(2)(a) in a franchising scheme where the variation adds to the scheme area.

2 Assessment

1 The franchising authority or authorities must prepare an assessment of the proposed variation.
2 The assessment must—
a describe the effects that the proposed variation is likely to produce, and
b compare the proposed variation to making an enhanced partnership plan or scheme in relation to the additional area.
3 The assessment must also include consideration of—
a whether the proposed variation would contribute to the implementation of—
i the authority’s or authorities’ policies under section 108(1)(a), and
ii other policies affecting local services that the authority or authorities have adopted and published,
b whether the proposed variation would contribute to the implementation—
i by neighbouring local transport authorities of those authorities’ policies under section 108(1)(a), and
ii by neighbouring relevant local authorities of other policies affecting local services that those authorities have adopted and published,
c how the authority or authorities would operate the scheme as proposed to be varied,
d whether the authority or authorities would be able to afford to operate the scheme as proposed to be varied,
e whether the scheme as proposed to be varied would represent value for money, and
f the extent to which the authority or authorities are likely to be able to secure that local services in the area of the scheme as proposed to be varied are operated under local service contracts.
4 Sub-paragraphs (2) and (3) do not prevent inclusion of other matters.
5 The Secretary of State must issue guidance concerning the preparation of an assessment under this paragraph, and that guidance may, in particular, include guidance about methods to be used when assessing a proposed variation.
6 Franchising authorities must have regard to any such guidance.
7 In this paragraph “relevant local authority” means—
a a local transport authority,
b a London transport authority,
c a Transport Partnership created under the Transport (Scotland) Act 2005, or
d a council in Scotland.

3 Notice of assessment

Before preparing an assessment of a proposed variation under paragraph 2, the franchising authority or authorities must publish, in such manner as they consider appropriate, a notice stating that they intend to prepare such an assessment.

4 Report on assessment

1 The franchising authority or authorities may not proceed with the proposed variation unless they have obtained a report from an independent approved person on the assessment of the proposed variation (see paragraph 2).
2 The report must state whether, in the opinion of the approved person—
a the information relied on by the authority or authorities in considering the matters referred to inparagraph 2(3)(d) and (e) is of sufficient quality,
b the analysis of that information in the assessment is of sufficient quality, and
c the authority or authorities had due regard to guidance issued under paragraph 2 in preparing the assessment.
3 The Secretary of State must issue guidance as to—
a the time at which it is appropriate to appoint an approved person to produce a report for the purposes of sub-paragraph (1), and
b the matters to be taken into account by a franchising authority when selecting such a person, including for the purposes of determining whether a person is independent.
4 Franchising authorities must have regard to any such guidance.
5 The Secretary of State must issue guidance concerning the matters to be taken into account by an approved person when forming an opinion as to whether the information relied on, and the analysis of that information, by an authority is of sufficient quality for the purposes of sub-paragraph (2).
6 Approved persons must have regard to any such guidance.
7 In this paragraph “approved person” means a person specified, or of a description specified, in regulations made by the Secretary of State.

5 Consultation

1 This paragraph applies if, after a report under paragraph 4, the authority or authorities wish to proceed with the proposed variation.
2 The authority or authorities must—
a publish a consultation document relating to the proposed variation (see paragraph 6),
b publish the assessment of the proposed variation,
c publish the report on that assessment, and
d give notice of the proposed variation in such manner as the authority or authorities consider appropriate for bringing it to the attention of persons in the area to which the scheme as proposed to be varied relates.
3 A notice under sub-paragraph (2)(d) must—
a describe the proposed variation, and
b state where copies of the proposed variation and the documents mentioned in sub-paragraph (2)(a) to (c) may be inspected.
4 After giving notice under sub-paragraph (2)(d), the authority or authorities must consult—
a all persons operating local services which have one or more stopping places in the area or areas to which the scheme as proposed to be varied relates,
b all other persons holding a PSV operator’s licence or a community bus permit who would, in the opinion of the authority or authorities, be affected by the proposed variation,
c such persons as appear to the authority or authorities to represent employees of persons falling within paragraph (a),
d such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,
e such persons with disabilities (within the meaning given by section 6 of the Equality Act 2010) who are users or prospective users of local services, or such organisations appearing to the authority or authorities to be representative of such persons, as they think fit,
f the Welsh Ministers if, in the opinion of the authority or authorities, any part of Wales would be affected by the proposed variation,
g any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by the proposed variation,
h a traffic commissioner,
i the chief officer of police for each police area covering the whole or part of the area to which the scheme as proposed to be varied relates,
j the Passengers’ Council, and
k the Competition and Markets Authority.
5 The authority or authorities may modify the proposed variation after consulting those persons and organisations.
6 In sub-paragraph (4)(g) “relevant local authority” means—
a a local transport authority,
b a district council,
c a National Park authority,
d the Broads Authority,
e a London transport authority,
f a Transport Partnership created under the Transport (Scotland) Act 2005, or
g a council in Scotland.

6 Consultation document

1 A consultation document under paragraph 5(2)(a) relating to the proposed variation must include—
a a description of the area to which the scheme as proposed to be varied relates,
b a description of areas within that area for which different provision is proposed to be made, if such provision is proposed to be included in the scheme as proposed to be varied,
c a description of the local services that are proposed to be provided under local service contracts,
d a description of the local services that are proposed to be excepted from regulation arising because of the scheme as proposed to be varied,
e the date on which the scheme is proposed to be varied,
f the date or dates by which it is proposed that local service contracts first be entered into under the scheme as proposed to be varied,
g the period or periods it is proposed will expire between the making of local service contracts and the provision of local services under such contracts,
h a description of the authority’s or authorities’ proposed plans for consulting in order to seek views on how well the scheme as varied is working,
i a statement about how, in conducting the procurement process for the provision of local services under the scheme as varied, the authority or authorities propose to facilitate the involvement of small and medium-sized operators in the provision of local services, and
j the date by which responses to the consultation must be received.
2 The consultation document must also include a summary of the assessment prepared under paragraph 2 in relation to the proposed variation.

7 Response to consultation

1 A franchising authority or authorities that conduct a consultation under paragraph 5 must publish a report setting out—
a the authority’s or authorities’ response to the consultation;
b the authority’s or authorities’ decision on whether to vary the franchising scheme.
2 If the decision is to vary the franchising scheme, the report must be published at the same time as the notice of the decision is published under section 123M(2)(a).
3 The authority or authorities must give notice of the report to a traffic commissioner.
4 If the authority or authorities decide to vary the franchising scheme, the report must set out how, in conducting the procurement process for the provision of local services under the scheme as varied, the authority or authorities will facilitate the involvement of small and medium-sized operators in the provision of local services.
5 If a franchising authority are a mayoral combined authority, the function of deciding whether to vary the franchising scheme is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to vary a scheme jointly with one or more other franchising authorities).
6 If a franchising authority are a mayoral CCA, the function of deciding whether to vary the franchising scheme is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority (including in a case where the decision is to vary a scheme jointly with one or more other franchising authorities).

Part 2 Reducing scheme area

8 Application

A franchising authority or authorities must comply with the requirements of this Part of this Schedule before varying the area specified under section 123H(2)(a) in a franchising scheme where the variation does not add to the scheme area.

9 Consultation

1 The authority or authorities must—
a publish a consultation document relating to the proposed variation (see paragraph 10), and
b give notice of the proposed variation in such manner as the authority or authorities consider appropriate for bringing it to the attention of persons in the area to which the scheme relates.
2 A notice under sub-paragraph (1)(b) must—
a describe the proposed variation, and
b state where copies of the proposed variation and the consultation document may be inspected.
3 After giving notice under sub-paragraph (1)(b), the authority or authorities must consult—
a all persons operating local services which have one or more stopping places in the area or areas to which the scheme relates,
b all other persons holding a PSV operator’s licence or a community bus permit who would, in the opinion of the authority or authorities, be affected by the proposed variation,
c such persons as appear to the authority or authorities to represent employees of persons falling within paragraph (a),
d such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,
e such persons with disabilities (within the meaning given by section 6 of the Equality Act 2010) who are users or prospective users of local services, or such organisations appearing to the authority or authorities to be representative of such persons, as they think fit,
f the Welsh Ministers if, in the opinion of the authority or authorities, any part of Wales would be affected by the proposed variation,
g any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by the proposed variation,
h a traffic commissioner,
i the chief officer of police for each police area covering the whole or part of the area to which the scheme relates,
j the Passengers’ Council, and
k the Competition and Markets Authority.
4 The authority or authorities may modify the proposed variation after consulting those persons and organisations.
5 In sub-paragraph (3)(g) “relevant local authority” means—
a a local transport authority,
b a district council,
c a National Park authority,
d the Broads Authority,
e a London transport authority,
f a Transport Partnership created under the Transport (Scotland) Act 2005, or
g a council in Scotland.

10 Consultation document

A consultation document under paragraph 9 relating to the proposed variation must include—
a a description of the area to which the scheme as proposed to be varied relates,
b a description of the local services that are proposed to be provided under local service contracts under the scheme as proposed to be varied,
c the date on which the scheme is proposed to be varied, and
d the date by which responses to the consultation must be received.

11 Response to consultation

1 A franchising authority or authorities that conduct a consultation under paragraph 9 must publish a report setting out—
a the authority’s or authorities’ response to the consultation;
b the authority’s or authorities’ decision on whether to vary the scheme.
2 If the decision is to vary the franchising scheme, the report must be published at the same time as the notice of the decision is published under section 123M(2)(a).
3 The authority or authorities must give notice of the report to a traffic commissioner.
4 If a franchising authority are a mayoral combined authority, the function of deciding whether to vary the franchising scheme is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to vary a scheme jointly with one or more other franchising authorities).
5 If a franchising authority are a mayoral CCA, the function of deciding whether to vary the franchising scheme is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority (including in a case where the decision is to vary a scheme jointly with one or more other franchising authorities).

Part 3 Other variations

12 Application

A franchising authority or authorities must comply with the requirements of this Part of this Schedule before varying a franchising scheme where the variation—
a does not include a variation of the area specified under section 123H(2)(a) in the scheme, but
b does include one or more of the following—
i a variation of additional facilities identified under section 123A(3)(d) in the scheme;
ii a variation of the plans for consultation included in the scheme under section 123A(9);
iii a variation of the local services specified under section 123H(2)(b) in the scheme;
iv a variation of the scheme sub-areas specified under section 123H(3)(a) in the scheme;
v a variation of the period specified under section 123H(2)(d) or (3)(c) in the scheme;
vi a variation of the local services that are excepted under section 123H(5) from regulation arising because of the scheme.

13 Consultation

1 The franchising authority or authorities must consult—
a in the case of a variation mentioned in paragraph 12(b)(ii), (iii), (iv) or (vi)—
i the Welsh Ministers if, in the opinion of the authority or authorities, any part of Wales would be affected by the proposed variation,
ii any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by the proposed variation,
iii such organisations appearing to the authority or authorities to be representative of users of local services as they think fit, and
iv the Passengers’ Council,
b in the case of a variation mentioned in paragraph 12(b)(iv) or (v), the Competition and Markets Authority,
c in the case of a variation mentioned in paragraph 12(b)(v), a traffic commissioner, and
d in the case of any variation mentioned in paragraph 12(b)—
i persons operating local services who would, in the opinion of the authority or authorities, be affected by the proposed variation,
ii such persons with disabilities (within the meaning given by section 6 of the Equality Act 2010) who are users or prospective users of local services, or such organisations appearing to the authority or authorities to be representative of such persons, as they think fit, and
iii any other persons whom, in the opinion of the authority or authorities, it would be appropriate to consult.
2 In sub-paragraph (1)(a)(ii), “relevant local authority” means—
a a local transport authority,
b a district council,
c a National Park authority,
d the Broads Authority,
e a London transport authority,
f a Transport Partnership created under the Transport (Scotland) Act 2005, or
g a council in Scotland.

14 Response to consultation

1 A franchising authority or authorities that conduct a consultation under paragraph 13 must publish a report setting out—
a the authority’s or authorities’ response to the consultation;
b the authority’s or authorities’ decision on whether to vary the scheme.
2 If the decision is to vary the franchising scheme, the report must be published at the same time as the notice of the decision is published under section 123M(2)(a).
3 The authority or authorities must give notice of the report to a traffic commissioner.
4 If a franchising authority are a mayoral combined authority, the function of deciding whether to vary the franchising scheme is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to vary a scheme jointly with one or more other franchising authorities).
5 If a franchising authority are a mayoral CCA, the function of deciding whether to vary the franchising scheme is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority (including in a case where the decision is to vary a scheme jointly with one or more other franchising authorities).

SCHEDULE 10 

Competition test for exercise of bus functions

Section 153.

Part 1 Test for exercise of bus functions by local authorities

Functions to which this Part of this Schedule applies

I3071
1 The functions to which this Part of this Schedule applies are those of—
za making and varying advanced quality partnership schemes,
a making and varying quality partnership schemes,
aa making and varying advanced ticketing schemes,
b making and varying ticketing schemes,
ba making and varying enhanced partnership schemes, and
c inviting and accepting tenders under section 89 or 91 of the M208Transport Act 1985 (subsidised services).
2 For the purposes of this Part of this Schedule an authority proposes (or authorities propose) to exercise a function to which this Part of this Schedule applies—
za in the case of the function of making or varying an advanced quality partnership scheme, once notice of a proposal to make or vary it has been given under section 113G(1),
a in the case of the function of making or varying a quality partnership scheme, once notice of a proposal to make or vary it has been given under section 115(1),
aa in the case of the function of making or varying an advanced ticketing scheme, once notice of a proposal to make or vary it has been given under section 134D(1),
b in the case of the function of making or varying a ticketing scheme, once notice of a proposal to make or vary it has been given under section 136(1),
ba in the case of the function of making or varying an enhanced partnership scheme, once notice of a proposal to make or vary it has been given under section 138F(1) or 138L(1), and
c in the case of the function of inviting or accepting tenders under section 89 or 91 of the M209Transport Act 1985, once it is proposed to invite tenders under section 89(2) or 91(3) of that Act or to accept or not to accept a tender under section 89 of that Act.

Competition test

I3082
1 For the purposes of this Part of this Schedule the exercise or proposed exercise of a function to which this Part of this Schedule applies meets the competition test unless it—
a has or is likely to have a significantly adverse effect on competition, and
b is not justified by sub-paragraph (2).
2 The exercise or proposed exercise of a function is justified if—
a it is with a view to achieving one or more of the purposes specified in sub-paragraph (3), and
b its effect on competition is or is likely to be proportionate to the achievement of that purpose or any of those purposes.
3 The purposes referred to in sub-paragraph (2) are—
a securing improvements in the quality of vehicles or facilities used for or in connection with the provision of local services,
b securing other improvements in local services of F147... benefit to users of local services, and
c reducing or limiting traffic congestion, noise or air pollution.

Applications to OFT for decision

F613I5023. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F463I5014. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigations by CMA

I3095If at any time the Competition and Markets Authority (in this Schedule referred to as “the CMA”) considers that the exercise or proposed exercise of a function to which this Part of this Schedule applies may not meet the competition test, it may conduct an investigation.
I3106
1 For the purposes of an investigation under paragraph 5 the CMA may require any person—
a to produce to it or to a person appointed by it, at a specified time and place, any specified document, or
b to provide it or such a person, at such a time and place, any specified information,
which CMA considers relates to any matter relevant to the investigation.
2 The power conferred by sub-paragraph (1) is to be exercised by a notice in writing indicating the subject matter and purpose of the investigation; and in this paragraph “specified” means—
a specified, or described, in the notice, or
b falling within a category which is specified, or described, in the notice.
3 Information required to be provided under sub-paragraph (1) shall be provided in the specified manner and form.
4 The power conferred by sub-paragraph (1) to require a person to produce a document includes power—
a to require him to provide an explanation of the document, or
b if the document is not produced, to require him to state, to the best of his knowledge and belief, where it is.
5 In this paragraph “information” includes estimates and forecasts.
I3117
1 If a person refuses or fails to comply with a notice under paragraph 6, the CMA may certify that fact in writing to the High Court which may enquire into the case.
2 If after hearing—
a any witness who may be produced against or on behalf of the person, and
b any statement which may be offered in defence,
the High Court is satisfied that the person did not have a reasonable excuse for refusing or failing to comply with the notice, the High Court may punish him as if he had been guilty of contempt of court.
I3128
1 A person shall not be required under paragraph 6 to produce or disclose a privileged communication.
2 In sub-paragraph (1) “privileged communication” means a communication—
a between a professional legal adviser and his client, or
b made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,
which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.
I3139Before the CMA, as the result of an investigation under paragraph 5, makes a decision that the exercise or proposed exercise of a function does not meet the competition test, the CMA must—
a give written notice to the person or persons likely to be affected by the proposed decision, and
b give that person or those persons an opportunity to make representations.

Decisions

I31410When the CMA makes a decision—
F379a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b after an investigation under paragraph 5,
the CMA must publish its decision, together with its reasons for making it.
F819I31511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of decisions

I31612
1 If the CMA has made a decision that the exercise or proposed exercise of a function to which this Part of this Schedule applies does not meet the competition test, the CMA may give to the authority or authorities by which it was or was to be exercised such directions as the CMA considers appropriate.
2 A direction under sub-paragraph (1) may (in particular)—
a in the case of a proposal to exercise a function, include provision prohibiting the exercise of the function in the manner proposed,
b in the case of the exercise of the function of making or varying an advanced quality partnership scheme, a quality partnership scheme , an advanced ticketing scheme , a ticketing scheme or an enhanced partnership scheme, include provision requiring the variation or revocation of the scheme,
c in the case of the exercise of the function of inviting tenders under section 89(2) or 91(3) of the M210Transport Act 1985, include provision requiring the variation or withdrawal of the invitation, and
d in the case of the exercise of the function of accepting or not accepting a tender under section 89 or 91 of that Act, include provision requiring the variation or termination of any agreement entered into by accepting the tender or requiring the acceptance of any tender.
3 A direction under sub-paragraph (1) must be given in writing.
4 If an authority fails, without reasonable excuse, to comply with a direction under sub-paragraph (1), the CMA may apply to the High Court for an order requiring the authority to comply with the direction within a time specified in the order.
5 An order under sub-paragraph (4) may provide for all of the costs of, or incidental to, the application for the order to be borne by the authority.

Information

I31713
1 No information which—
a has been obtained by the CMA in connection with its functions under this Part of this Schedule, and
b relates to the affairs of any individual or to any particular business,
is to be disclosed during the lifetime of that individual or while that business continues to be carried on, unless the condition mentioned in sub-paragraph (2) is satisfied.
2 The condition is that consent to the disclosure has been obtained from—
a the person from whom the information was obtained, and
b if different, the individual to whose affairs the information relates or the person for the time being carrying on the business to which the information relates.
C33 Sub-paragraph (1) does not apply to a disclosure of information—
a made for the purpose of facilitating the performance of any function of the CMA, a traffic commissioner or the Office of Rail and Road,
b made for the purpose of facilitating the performance of any function of the European Commission in respect of EU law about competition,
c made for the purpose of criminal proceedings in any part of the United Kingdom or in connection with the investigation of a criminal offence triable in any part of the United Kingdom, or
d made in compliance with the order of a court or tribunal.
4 If information is disclosed to the public in circumstances in which the disclosure does not contravene sub-paragraph (1), that sub-paragraph does not prevent its further disclosure by any person.
5 A person who contravenes this paragraph is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
I31814
1 If information is provided by a person to the CMA in connection with its functions under this Part of this Schedule, the person is guilty of an offence if—
a the information is false or misleading in a material particular, and
b the person knows that it is or is reckless as to whether it is.
2 If a person—
a provides any information to another person, knowing the information to be false or misleading in a material particular, or
b recklessly provides to another person any information which is false or misleading in a material particular,
knowing that the information is to be used for the purpose of providing information to the CMA in connection with its functions under this Part of this Schedule, the person is guilty of an offence.
3 A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Advice and information

14A
1 As soon as is reasonably practicable after the passing of the Local Transport Act 2008, the OFT must prepare and publish advice and information about—
a the application of the competition test,
b the enforcement of decisions regarding that test.
2 The CMA may at any time publish revised, or new, advice or information.
3 Advice and information published under this paragraph must be prepared with a view to—
a explaining provisions of this Part of this Schedule to persons who are likely to be affected by them, and
b indicating how the CMA expects such provisions to operate.
4 Advice (or information) published by virtue of sub-paragraph (3)(b) may include advice (or information) about the factors which the CMA may take into account in considering whether, and if so how, to exercise a power conferred on it by this Part of this Schedule.
5 Any advice or information published by the CMA under this paragraph is to be published in such form and in such manner as it considers appropriate.
6 If the CMA is preparing any advice or information under this paragraph it must consult such persons as it considers appropriate.

Defamation

I31915For the purposes of the law relating to defamation, absolute privilege attaches to any decision made or notice given , and to any advice or information given, by the CMA in the exercise of any of its functions under this Part of this Schedule.

Fees

I32016
1 The CMA may charge fees in connection with the exercise by the CMA of any of its functions under this Part of this Schedule.
2 Different fees may be charged in connection with different functions and in different circumstances.
F2123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 Test for certain agreements, decisions and practices

Interpretation

17
1 This paragraph applies for the purposes of the interpretation of this Part of this Schedule.
2 A voluntary multilateral agreement (a “VMA”) is a voluntary partnership agreement (within the meaning given by section 153) to which two or more operators of local services are parties.
3 A voluntary bilateral agreement (a “VBA”) is a voluntary partnership agreement (within the meaning given by that section) to which only one operator of local services is a party.
4 In this Part of this Schedule—
a a “qualifying agreement” is an agreement between bus undertakings only;
b a “qualifying decision” is so much of any decision by an association of undertakings as relates to the operation of local services;
c a “qualifying practice” is a concerted practice by bus undertakings only.
5 For the purposes of sub-paragraph (4)—
a a bus undertaking is an undertaking which is the operator of a local service;
b the involvement of a local authority which is not a bus undertaking is to be disregarded;
c an advanced quality partnership scheme, a quality partnership scheme , an enhanced partnership scheme or voluntary partnership agreement is not to be regarded as a qualifying agreement, qualifying decision or qualifying practice.
6 In sub-paragraph (5)(b) “local authority” means—
a a local transport authority;
b a district council in England.
7 A provision of this Part of this Schedule which is expressed to apply to, or in relation to, a qualifying agreement is to be read as applying equally to, or in relation to, a qualifying decision or a qualifying practice (but with any necessary modifications).
8 A reference to the area of an authority—
a in relation to a VMA or VBA, is a reference to the area of a local transport authority who are a party to the agreement;
b in relation to a qualifying agreement, is a reference to the area of a local transport authority in whose area the agreement is, or is to be, implemented.
9 The “bus improvement objectives” are—
a securing improvements in the quality of vehicles or facilities used for or in connection with the provision of local services,
b securing other improvements in local services of benefit to users of local services, and
c reducing or limiting traffic congestion, noise or air pollution.

Agreements, decisions and practices to which this Part of this Schedule applies

18
1 This Part of this Schedule applies to—
a VMAs or VBAs falling within sub-paragraph (2), and
b qualifying agreements falling within sub-paragraph (3).
This paragraph is subject to paragraph 19.
2 A VMA or VBA falls within this sub-paragraph if it has as its object or effect the prevention, restriction or distortion of competition in the area of the authority, or the combined area of the authorities.
3 A qualifying agreement falls within this sub-paragraph if—
a it has as its object or effect the prevention, restriction or distortion of competition in the area of the authority, or the combined area of the authorities, but
b the authority, or any of the authorities, has certified that they have considered all the terms and effects (or likely effects) of the agreement and that in their opinion the requirements mentioned in sub-paragraph (4) are satisfied.
4 The requirements are that the agreement—
a is in the interests of persons using local services within the area of the authority, or the combined area of the authorities, and
b does not impose on the undertakings concerned restrictions that are not indispensable to the attainment of the bus improvement objectives.
5 For the purposes of sub-paragraph (2)—
a the object or effect of a VMA may be considered either on its own or together with one or more other VMAs, VBAs or qualifying agreements;
b the object or effect of a VBA is to be considered together with one or more VMAs, other VBAs or qualifying agreements.
6 For the purposes of sub-paragraph (3) the object or effect of a qualifying agreement may be considered either on its own or together with one or more VMAs, VBAs or other qualifying agreements.
19
1 This Part of this Schedule does not apply to a VMA, VBA or qualifying agreement if it (or any of its provisions) constitutes a price-fixing agreement within the meaning given by section 39(9) of the Competition Act 1998.
2 Where the standard of services specified in a VMA or VBA includes any requirement as to maximum fares (see section 153(3)), any provision of that agreement relating to the setting, review or revision of the maximum fare is not to be regarded as constituting a price-fixing agreement for the purposes of sub-paragraph (1).

The prohibition

20
1 Any VMA, VBA or qualifying agreement to which this Part of this Schedule applies is prohibited unless it is exempt in accordance with the provisions of this Part of this Schedule.
2 The prohibition in sub-paragraph (1) applies in place of the Chapter 1 prohibition.
3 The Chapter 1 prohibition is the prohibition imposed by section 2(1) of the Competition Act 1998.

Agreements and decisions void

21Any agreement or decision which is prohibited by paragraph 20 is void.

Exempt agreements

22
1 A VMA, VBA or qualifying agreement to which this Part of this Schedule applies is exempt if—
a it contributes to the attainment of one or more of the bus improvement objectives,
b it does not impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives, and
c it does not afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the services in question.
2 In any proceedings in which it is alleged that the prohibition in paragraph 20 is being or has been infringed by a VMA, VBA or qualifying agreement any undertaking or association of undertakings claiming the benefit of sub-paragraph (1) shall bear the burden of proving that the conditions of that sub-paragraph are satisfied.

Application of provisions of Competition Act 1998

23
1 The provisions of Part 1 of the Competition Act 1998 (“the 1998 Act”) specified in sub-paragraph (2) apply in relation to the prohibition in paragraph 20 (and a VMA, VBA or qualifying agreement to which this Part of this Schedule applies) as those provisions apply in relation to the Chapter 1 prohibition (and an agreement to which the provisions of that Chapter apply).
2 The provisions are—
a in Chapter 1, sections 3, 6, 8, 10 and 10A (excluded agreements and exemptions);
b Chapter 3 (investigations and enforcement), except sections 36 to 39 (penalties);
c in Chapter 4, sections 46 to 49 (appeals) , except section 47F and Schedule 8A;
d Chapter 5 (miscellaneous), except section 54 (regulators).
3 The application, by virtue of sub-paragraph (2)(d), of Chapter 5 includes section 52(1) of the 1998 Act; but this is subject to the following modifications—
a the reference to the passing of the 1998 Act is to be read as a reference to the passing of the Local Transport Act 2008;
b the reference to the Director is to be read as a reference to the OFT.
4 The application, in accordance with sub-paragraph (1), of the provisions mentioned in sub-paragraph (2) is to be subject to such further modifications as the Secretary of State may by order provide.

SCHEDULE 11 

Minor and consequential amendments about local transport

Section 161.

Finance Act 1965 (c.25)

I3211In section 92(8) of the Finance Act 1965 (grants towards duty charged on bus fuel), in the definition of “bus service”—
a in paragraph (a), after “Act” insert “ or provided under a quality contract (within the meaning of Part II of the Transport Act 2000) ”, and
b in paragraph (b), for “II of that Act” substitute “ II of the M211Transport Act 1985 ”.

Transport Act 1968 (c.73)

I3222The Transport Act 1968 has effect subject to the following amendments.
I3233
1 Section 9A (general functions of Passenger Transport Authorities and Executives) is amended as follows.
2 Omit subsections (1) and (2).
3 For subsection (3) substitute—
4 In subsection (6), for the words following paragraph (b) substitute “ to have regard to a combination of economy, efficiency and effectiveness. ”
5 In subsection (7), insert at the end “ and to the bus strategy made jointly by the Authority and the councils for the metropolitan districts comprised in the area. ”
I3244Omit section 9B (consultation and publicity with respect to policies as to services).

Local Government Act 1972 (c.70)

I3255In section 97 of the Local Government Act 1972 (exceptions from prohibition on member of local authority discussing and voting on matters in which he has pecuniary interest), after subsection (6) insert—

Road Traffic Regulation Act 1984 (c.27)

I3266The Road Traffic Regulation Act 1984 has effect subject to the following amendments.
I3277In section 1 (traffic regulation orders), after subsection (3) insert—
I3288
1 Paragraph 27 of Schedule 9 (variation and revocation of orders) is amended as follows.
2 In sub-paragraph (1), for “sub-paragraph (2)” substitute “ sub-paragraphs (2) and (3) ”.
3 After sub-paragraph (2) insert—

Transport Act 1985 (c.67)

I3299The Transport Act 1985 has effect subject to the following amendments.
I33010
1 Section 26(1) (conditions attached to PSV operator’s licence) is amended as follows.
2 In paragraph (b), after “section” insert “ or section 118(4) or 129(1)(b) of the Transport Act 2000 ”.
3 After that paragraph insert
.
I33111
1 Section 63 (functions of local councils with respect to passenger transport in areas other than passenger transport areas) is amended as follows.
2 In subsection (1), omit paragraph (b) and the word “and” before it.
3 In subsection (3)—
a omit “(1)(b) or” and “(1)(a) or”,
b in paragraph (a), omit “as a local education authority or (as the case may be)”, and
c in paragraph (b), omit “social services or (as the case may be)”.
4 In subsection (7), for the words from “so to conduct” to the end substitute “ to have regard to a combination of economy, efficiency and effectiveness. ”
5 In subsection (8), at end insert “ and to the appropriate bus strategy. ”
6 After that subsection insert—
I33212
1 Section 64 (consultation and publicity with respect to policies as to services) is amended as follows.
2 In subsection (1)—
a for “63(1)(b) or (2)(b)” substitute “ 63(2)(b) ”,
b for “either of those provisions” substitute “ that provision ”, and
c omit the words following paragraph (b).
3 In subsection (2), omit “under section 63(1)(a) or (as the case may be)”.
F92813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I33314In section 82 (bus stations: restrictions on discriminatory practices), after subsection (4) insert—
I33415In section 93(7) (persons eligible to receive travel concessions under local scheme), for paragraphs (d) and (e) substitute—
.
I33516In section 94(4) (definition of eligible service), for the words from “a service is” to the end substitute
I33617In section 103(3) (no subsidies for concessions available under a scheme), insert at the end “ or under section 145(1) of the Transport Act 2000. ”
I33718
1 Section 104 (travel concessions on services provided by Passenger Transport Executives) is amended as follows.
2 In subsection (1), for the words from “other than” to “that section” substitute “ otherwise than in accordance with a scheme established under section 93 of this Act or in accordance with section 145(1) of the Transport Act 2000 ”.
3 In subsection (2), after paragraph (a) insert—
.
I33819In section 105(1) (travel concessions on services provided by local authorities), for the words “of any description” onwards substitute “ in accordance with a scheme established under section 93 of this Act or in accordance with section 145(1) of the Transport Act 2000. ”
F420
1 Section 108 (grants for establishment of rural passenger services in Wales and Scotland) is amended as follows.
2 In subsection (1), omit “Wales or”.
3 In the sidenote, omit “Wales and”.
I33921Omit section 109 (transitional rural bus grants).
I34022
1 Section 111 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)).
2 For subsection (1) substitute—

Greater London Authority Act 1999 (c.29)

F91523. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 12 

Road user charging and workplace parking levy: financial provisions

Section 191.

Introductory

I3411
1 In this Schedule “relevant scheme” means a charging scheme or licensing scheme under this Part.
2 In this Schedule—
a “the relevant authority”, in relation to a relevant scheme made by one authority, means the authority by which the scheme is made, and
b “the relevant authorities”, in relation to a relevant scheme made jointly by more than one authority, means the authorities by which the scheme is made.

Net proceeds

I3422
1 In this Schedule “net proceeds”, in relation to a relevant scheme and a financial year, means the amount (if any) by which—
a the amounts received under or in connection with the scheme which are attributable to the financial year, exceed
b the expenses incurred for or in connection with the scheme which are so attributable.
2 For the purposes of this Schedule—
a the amounts received under or in connection with a relevant scheme, and
b the expenses incurred for or in connection with a relevant scheme,
and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations made by the appropriate national authority.
3 Regulations under sub-paragraph (2) may, in particular, provide that—
a any such costs of constructing, improving or maintaining roads in respect of which charges are imposed by trunk road charging schemes, and any such costs of managing traffic on those roads, as are specified by or determined in accordance with the regulations, or
b any such payments made for or in respect of the construction, improvement or maintenance of those roads, or the management of traffic on them, as are so specified or determined,
are to be regarded, to the extent so specified or determined, as expenses incurred for or in connection with the trunk road charging schemes.
4 Where a trunk road charging scheme is made by virtue of section 167(2)(b) or (3)(c), the relevant authority and the local traffic authority, Integrated Transport Authority , combined authority or combined county authority which requested the making of the scheme (or Transport for London, if it did) may agree that—
a the expenses incurred for or in connection with the trunk road charging scheme shall be taken to include specified expenses incurred for or in connection with the charging scheme in connection with which the trunk road charging scheme was requested, and
b the expenses incurred for or in connection with that other charging scheme shall be taken to include specified expenses incurred for or in connection with the trunk road charging scheme.

Apportionment

I3433
1 A relevant scheme which is—
a a joint local charging scheme or licensing scheme, F487...
aa a joint local-ITA charging scheme,
b a joint local-London charging scheme or licensing scheme, or
c a joint ITA-London charging scheme,
shall provide for the net proceeds of the scheme to be apportioned between the relevant authorities.
2 Where a trunk road charging scheme is made by virtue of section 167(2)(b) or (3)(c)—
a the trunk road charging scheme, or
b the charging scheme in connection with which the trunk road charging scheme was requested,
or both, may provide for the net proceeds of the scheme to be apportioned between the relevant authority and the local traffic authority , Integrated Transport Authority , combined authority or combined county authority which requested the making of the scheme (or Transport for London, if it did).
I3444References in the following provisions of this Schedule to an authority’s share of the net proceeds of a relevant scheme are—
a where the net proceeds of the scheme are apportioned as provided by paragraph 3, to so much of the net proceeds of the scheme as are apportioned to the authority, and
b otherwise, to the net proceeds of the scheme.

Accounts and funds

I3455Regulations made by the appropriate national authority may make provision for—
a the keeping of accounts relating to trunk road charging schemes, and
b the preparation and publication of statements of such accounts.
I3466
1 An account relating to a relevant scheme which is not a trunk road charging scheme shall be kept for each financial year by the relevant authority or jointly by the relevant authorities.
2 A statement of every such account shall be prepared for each financial year by the relevant authority or authorities and published in the annual accounts of the relevant authority, or of each of the relevant authorities, for the financial year.
3 Regulations made by the appropriate national authority may make—
a further provision relating to accounts required to be kept under this paragraph (including provision requiring or allowing the keeping of consolidated accounts relating to more than one relevant scheme), and
b further provision relating to the preparation and publication of statements of such accounts.
I3477
1 At the end of each financial year any deficit in an account required to be kept under paragraph 6 shall be made good by the relevant authority or authorities.
2 Any surplus in such an account may (so far as not made available for any purpose in accordance with this Schedule) be applied by the relevant authority or authorities towards making good any amount used to make good a deficit in respect of the account in the ten years immediately preceding the financial year.
3 So much of any surplus as remains after the application of sub-paragraph (2) shall be carried forward in the account to the next financial year.
4 A relevant scheme made by more than one authority must make provision specifying or for determining—
a the proportion of any deficit which each authority shall make good, and
b the proportion of any surplus which each authority may apply in accordance with sub-paragraph (2).
5 Any deficit required to be made good shall be made good—
a in the case of a Welsh county council or county borough council, from its general account,
b in the case of Transport for London, from its gross income, and
c in the case of any other non-metropolitan local traffic authority or London traffic authority, or an Integrated Transport Authority , combined authority or combined county authority, from its general fund.

Application of proceeds by non-metropolitan local traffic authorities

I348C60C1208
1 This paragraph applies to a non-metropolitan local traffic authority’s share of the net proceeds of any relevant scheme.
2 The share of the net proceeds is available only—
a for application by the authority for the purpose of directly or indirectly facilitating the achievement of local transport policies of the authority, or
b for application by any authority falling within sub-paragraph (3) selected by the authority whose share it is in accordance with sub-paragraph (4).
3 The authorities which fall within this sub-paragraph are—
a other non-metropolitan local traffic authorities
aa Integrated Transport Authorities , combined authorities and combined county authorities;
b London traffic authorities and the Greater London Authority.
4 A share of the net proceeds of a relevant scheme is applied in accordance with this sub-paragraph if it is applied—
a by a non-metropolitan local traffic authority for the purpose of directly or indirectly facilitating the achievement of any of its local transport policies,
aa by an Integrated Transport Authority , combined authority or combined county authority for the purpose of directly or indirectly facilitating the achievement of any of its local transport policies, or
b by a London traffic authority or the Greater London Authority in accordance with the transport strategy prepared and published under section 142 of the M215Greater London Authority Act 1999,
in a way which will benefit the whole or any part of the area of the non-metropolitan local traffic authority whose share it is.
F3315 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3316 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3317 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F161I3499. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I350C3510
1 A relevant scheme made by one or more non-metropolitan local traffic authorities must include—
a a general plan relating to the application of their shares of the net proceeds of the relevant scheme during the opening ten year period, and
b a detailed programme for the application of their shares of the net proceeds of the relevant scheme during the opening five year period.
2 In this Schedule—
a “the opening ten year period” means the period which begins with the date on which the relevant scheme comes into force and ends with the tenth financial year that commences on or after that date, and
b “the opening five year period” means the period which begins with that date and ends with the fifth financial year that commences on or after that date.
3 The order making a scheme which relates to an area in Wales shall not come into force unless and until the general plan and detailed programme required by sub-paragraph (1) have been approved by the Welsh Ministers.
I351C5511
1 If a relevant scheme made by one or more non-metropolitan local traffic authorities remains in force after the end of the opening five year period, the authority or each of the authorities shall, during every fifth financial year after the financial year in which the scheme comes into force, prepare a detailed programme for the application of its share of the net proceeds of the scheme during the next five years.
2 Any programme prepared in accordance with sub-paragraph (1) in relation to a relevant scheme prevails over any conflicting provisions in the general plan included in the scheme pursuant to paragraph 10(1)(a).
3 Except with the consent of the appropriate national authority in any particular case, a non-metropolitan local traffic authority may not apply its share of the net proceeds of a scheme for any purpose (other than making good any amount to the general fund or general account of the relevant authority which made the scheme) in any financial year beginning after the end of the opening five year period unless it is complying with sub-paragraph (1).

Application of proceeds by Integrated Transport Authorities

11A
1 This paragraph applies to an Integrated Transport Authority's , combined authority’s or combined county authority’s share of the net proceeds of any relevant scheme.
2 The share of the net proceeds is available only—
a for application by the Authority for the purpose of directly or indirectly facilitating the achievement of any of the Authority's local transport policies, or
b for application in accordance with sub-paragraph (4) by an authority falling within sub-paragraph (3) selected by the Authority.
3 The authorities which fall within this sub-paragraph are—
a non-metropolitan local traffic authorities;
b London traffic authorities and the Greater London Authority.
4 A share of the net proceeds of a relevant scheme is applied in accordance with this sub-paragraph if it is applied—
a by a non-metropolitan local traffic authority for the purpose of directly or indirectly facilitating the achievement of any of its local transport policies, or
b by a London traffic authority or the Greater London Authority in accordance with the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999,
in a way which will benefit the whole or any part of the integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority or combined county authority.
11B
1 A relevant scheme made by an Integrated Transport Authority , a combined authority or a combined county authority must include—
a a general plan relating to the application of its share of the net proceeds of the relevant scheme during the opening ten year period, and
b a detailed programme for the application of its share for the net proceeds of the relevant scheme during the opening five year period.
2 See paragraph 10(2) for the meaning of “the opening ten year period” and “the opening five year period”.
11C
1 If a relevant scheme made by an Integrated Transport Authority , a combined authority or a combined county authority remains in force after the end of the opening five year period, the Authority shall, during every fifth financial year after the financial year in which the scheme comes into force, prepare a detailed programme for the application of its share of the net proceeds of the scheme during the next five years.
2 Any programme prepared in accordance with sub-paragraph (1) in relation to a relevant scheme prevails over any conflicting provisions in the general plan included in the scheme pursuant to paragraph 11B(1)(a).
3 Except with the consent of the Secretary of State in any particular case, an Integrated Transport Authority , a combined authority or a combined county authority may not apply its share of the net proceeds of a scheme for any purpose (other than making good any amount to its general fund) in any financial year beginning after the end of the opening five year period unless it is complying with sub-paragraph (1).

Application of proceeds by London traffic authorities

I35212
1 The share of the net proceeds of a relevant scheme of a London traffic authority is available.
a in the case of a charging scheme under this Part, only for application for relevant transport purposes within the meaning of Schedule 23 to the Greater London Authority Act 1999;
b in the case of a licensing scheme under this Part, only for application in accordance with regulations made by the Secretary of State.
1A Paragraphs 19(1) and (2), 20(1) and (5), 23(1) and (3) and 24 of Schedule 23 to that Act apply in relation to a charging scheme under this Part as they apply in relation to a charging scheme under that Schedule.
2 Regulations under sub-paragraph (1) shall provide for—
F414a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b paragraphs 22 to 30 of Schedule 24 to that Act,
to apply in relation to a licensing scheme with any such modifications as the Secretary of State considers appropriate.
3 Before making regulations under sub-paragraph (1) the Secretary of State shall consult the Greater London Authority.

Application of proceeds by Secretary of State F354...

I35313
1 In the case of a trunk road charging scheme—
a which is made by virtue of paragraph (a) of subsection (2) of section 167, or
b which is made by virtue of paragraph (b) of that subsection F689...,
the relevant authority’s Secretary of State’s share of the net proceeds is available only for application for the purpose of directly or indirectly facilitating the achievement of any policies or proposals relating to transport.
F5622 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Sub-paragraph (1)(a) applies during the period of ten years beginning with the coming into force of a scheme made by virtue of section 167(2)(a).
4 The appropriate national authority Secretary of State may by regulations make provision as to circumstances in which—
a the same scheme is to be regarded as continuing in force in spite of a variation of the scheme or the revocation and replacement (with or without modifications) of the scheme, or
b a different scheme is, or is not, to be regarded as coming into force,
for the purposes of determining when the period specified in sub-paragraph (3) begins or expires in the case of a scheme.
5 Except where sub-paragraph (1)(a) applies, the relevant authority’s Secretary of State’s share of the net proceeds of a trunk road charging scheme made by virtue of section 167(2)(a) is available to be applied only as may be specified in, or determined in accordance with, regulations made by the appropriate national authority Secretary of State.
6 The provision that may be made by regulations under sub-paragraph (5) includes provision for sub-paragraph (3) to apply with the substitution for the number of years for the time being mentioned in it of a number of years greater than ten.

Application of proceeds by Welsh Ministers

14
1 In the case of a trunk road charging scheme—
a which is made by virtue of subsection (3) of section 167, and
b which is made wholly or partly for the purpose of reducing or limiting air pollution,
the Welsh Ministers must publish a statement and lay it before Senedd Cymru as soon as reasonably practicable after the scheme is made.
2 The statement must—
a state that the scheme is made wholly or partly for the purpose of limiting or reducing air pollution;
b provide an estimate of the net proceeds of the scheme for at least the first five financial years in which the scheme will be in operation;
c specify how the Welsh Ministers propose to apply their share of those net proceeds, and
d provide an assessment of the expected effect of those proposals on air quality (if any).
15
1 In the case of a trunk road charging scheme—
a which is made by virtue of subsection (3) of section 167, and
b which is not made (either wholly or partly) for the purpose of reducing or limiting air pollution,
the Welsh Ministers’ share of the net proceeds of the scheme is available only for application for the purpose of directly or indirectly facilitating the achievement of any policies or proposals relating to transport.
2 Where the scheme is made by virtue of paragraph (a) of subsection (3) of section 167, sub-paragraph (1) applies only during the period of ten years beginning with the coming into force of the scheme.
3 The Welsh Ministers may by regulations make provision as to circumstances in which—
a the same scheme is to be regarded as continuing in force in spite of a variation of the scheme or the revocation and replacement (with or without modifications) of the scheme, or
b a different scheme is, or is not, to be regarded as coming into force,
for the purposes of determining when the period specified in sub-paragraph (2) begins or expires in the case of a scheme.
4 Where sub-paragraph (1) no longer applies to a scheme made by virtue of paragraph (a) of subsection (3) of section 167, the Welsh Ministers’ share of the net proceeds of the scheme is available to be applied only as may be specified in, or determined in accordance with, regulations made by the Welsh Ministers.
5 The provision that may be made by regulations under sub-paragraph (4) includes provision for sub-paragraph (2) to apply with the substitution for the number of years for the time being mentioned in it of a number of years greater than ten.

SCHEDULE 13 

Amendments of Schedules 23 and 24 to Greater London Authority Act

Section 199.

Road user charging

I3541Schedule 23 to the M216Greater London Authority Act 1999 (road user charging in Greater London) has effect subject to the following amendments.
C42
1 Paragraph 1 (interpretation) is amended as follows.
2 In sub-paragraph (1), in the definition of “net proceeds”, for the words from “, means” to the end substitute
.
3 In that sub-paragraph, after the definition of “prescribed”, insert—
.
4 In that sub-paragraph, in the definition of “regulations”, after “means” insert “ (except where otherwise provided) ”.
5 In that sub-paragraph, in the definition of “traffic sign”, for “same meaning as in the M218Road Traffic Regulation Act 1984 (see in particular section 64 of that Act)” substitute “ meaning given by section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act ”.
6 For sub-paragraph (2) substitute—
I3553
1 Paragraph 4 (making of charging scheme) is amended as follows.
2 After paragraph (a) of sub-paragraph (3) insert—
.
3 After paragraph (d) of that sub-paragraph insert—
.
4 Omit paragraph (e) of that sub-paragraph.
5 After that sub-paragraph insert—
I3564In sub-paragraph (2) of paragraph 11 (exemptions, reduced rates etc.), after “above” insert “ and to paragraphs 4 and 6 above ”.
I3575After that paragraph insert—
I3586
1 Paragraph 12 (penalty charges) is amended as follows.
2 In sub-paragraph (1), for “, notification, payment, adjudication or enforcement” substitute “ and payment ”.
3 After sub-paragraph (2) insert—
I3597For paragraph 13 substitute—
I3608In paragraph 14 (installation of equipment), for the words from “install” to “used or” substitute—
.
I3619
1 Paragraph 15 (accounts and funds) is amended as follows.
2 In sub-paragraphs (1) and (2), for “of their income and expenditure in respect of” substitute “ relating to ”.
3 In sub-paragraph (3)—
a for the words from the beginning to “year, each” substitute “ Each ”, and
b for “that year” substitute “ each financial year ”.
4 After sub-paragraph (4) insert—
5 In sub-paragraph (5)(b), after “account” insert “ (after the application of any of the net proceeds in accordance with the following provisions) ”.
I36210
1 Paragraph 25 (offences) is amended as follows.
2 In sub-paragraph (1)—
a insert “ or ” at the end of paragraph (a), and
b omit paragraph (c) and the word “or” before it.
3 After that sub-paragraph insert—
4 In sub-paragraph (2), after “sub-paragraph (1)” insert “ or (1A) ”.
5 After that sub-paragraph insert—
I36311
1 Paragraph 26 (examination of motor vehicles etc.) is amended as follows.
2 In sub-paragraph (1)(b)(iii), for “unlawfully” substitute “ with intent to avoid payment of, or being identified as having failed to pay, a charge ”.
3 For sub-paragraph (2) substitute—
4 After that sub-paragraph insert—
I36412
1 Paragraph 27 (removal or immobilisation of motor vehicles) shall be renumbered as sub-paragraph (1) of that paragraph and amended as follows.
2 After paragraph (a) insert—
.
3 Insert at the end
I36513In paragraph 28 (determination of disputes and appeals), for “Regulations may” substitute “ The Lord Chancellor may by regulations ”.
I36614In paragraph 29(6) (approval of equipment), for the words after “regulations” substitute “ under section 176(2) of the Transport Act 2000. ”
I36715In paragraph 30 (evidence), for “Regulations may” substitute “ The Lord Chancellor may by regulations ”.
I36816In paragraph 34 (guidance), insert at the end—
I36917After that paragraph insert—
I37018In paragraph 38 (variation and revocation of charging schemes)—
a omit “, exercisable in the same manner, and subject to the same conditions and limitations,”, and
b insert at the end “ ; and paragraph 4 above (apart from sub-paragraphs (3)(f) and (6)) applies in relation to the variation or revocation of a charging scheme as to the making of a charging scheme. ”

Workplace parking levy

I37119Schedule 24 to the M220Greater London Authority Act 1999 (workplace parking levy in Greater London) has effect subject to the following amendments.
I37220
1 Paragraph 1 (interpretation) is amended as follows.
2 In sub-paragraph (1), in the definition of “licence”, omit “by the occupier of those premises”.
3 In that sub-paragraph, in the definition of “net proceeds”, for the words from “, means” to the end substitute
.
4 In that sub-paragraph, omit the definition of “occupier”.
5 In that sub-paragraph, in the definition of “regulations”, after “means” insert “ (except where otherwise provided) ”.
6 For sub-paragraph (2) substitute—
I37321In paragraph 3(1) (provision of workplace parking places)—
a for the words from “the cases” to “time being” substitute “ a workplace parking place is provided at any premises at any time if a parking place provided at the premises is at that time ”, and
b for paragraph (d) substitute—
.
I37422
1 Paragraph 7 (making of licensing scheme) is amended as follows.
2 After paragraph (a) of sub-paragraph (3) insert—
.
3 After paragraph (d) of that sub-paragraph insert—
4 Omit paragraph (e) of that sub-paragraph.
5 After that sub-paragraph insert—
I37523For paragraph 15 substitute—
I37624Renumber paragraph 16 (licensing: procedure) as sub-paragraph (1) of that paragraph and after that sub-paragraph insert—
I37725In paragraph 17(3) and (4) (exemptions, reduced rates etc.), after “(2) above” insert “ and to paragraphs 7 and 9 above ”.
I37826
1 Paragraph 18 (penalty charges) is amended as follows.
2 In sub-paragraph (1), for “, notification, payment, adjudication or enforcement” substitute “ and payment ”.
3 After sub-paragraph (2) insert—
I37927For paragraph 19 substitute—
I38028In paragraph 20 (determination of disputes and appeals), for “Regulations may” substitute “ The Lord Chancellor may by regulations ”.
I38129
1 Paragraph 21 (accounts and funds) is amended as follows.
2 In sub-paragraphs (1) and (2), for “of their income and expenditure in respect of” substitute “ relating to ”.
3 In sub-paragraph (3)—
a for the words from the beginning to “year, each” substitute “ Each ”, and
b for “that year” substitute “ each financial year ”.
4 After sub-paragraph (4) insert—
5 In sub-paragraph (5)(b), after “account” insert “ (after the application of any of the net proceeds in accordance with the following provisions) ”.
I38230In paragraph 31 (rights of entry)—
a in sub-paragraph (4), for “wilfully” substitute “ intentionally ” and for “level 5 on the standard scale” substitute “ the statutory maximum ”, and
b in sub-paragraph (6), for “(7)” substitute “ (5) ”.
I38331In paragraph 32 (evidence), for “Regulations may” substitute “ The Lord Chancellor may by regulations ”.
I38432In paragraph 35 (guidance), insert at the end—
I38533After that paragraph insert—
I38634In paragraph 39 (variation and revocation of licensing schemes)—
a omit “, exercisable in the same manner, and subject to the same conditions and limitations,”, and
b insert at the end “ ; and paragraph 7 above applies in relation to the variation or revocation of a licensing scheme as to the making of a licensing scheme. ”

F858SCHEDULE 14 

Strategic Rail Authority

Section 204.

F858Part I  Members and staff

F858 Tenure of members

F8581. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Member appointed to chair Authority and deputy

F8582. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Remuneration, pensions et ceteralaetc. for members

F8583. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Staff

F8584. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8585. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8586. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858Part II  Funding

F858 Government grants

F8587. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Borrowing

F8588. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Terms of government loans

F8589. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Government guarantees

F85810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Accounts and audit

F85811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85812. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Direction requiring payment to Secretary of State

F85813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Taxation

F85814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Interpretation

F85815. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858Part III  Financial framework and information

F858 Financial framework

F85816. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Information

F85817. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858Part IV  Procedure

F858 Introductory

F85818. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Committees and sub-committees

F85819. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Delegation of functions

F85820. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Members’ interests

F85821. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Vacancies and defective appointments

F85822. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Minutes

F85823. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Execution and proof of instruments

F85824. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858Part V  Consequential amendments

F858 Documentary Evidence Act 1868 (c.37)

F85825. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Public Records Act 1958 (c.51)

F85826. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Parliamentary Commissioner Act 1967 (c.13)

F85827. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 House of Commons Disqualification Act 1975 (c.24)

F85828. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Northern Ireland Assembly Disqualification Act 1975 (c.25)

F85829. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F858 Freedom of Information Act 2000 (c.36)

F85830. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F163SCHEDULE 15 

Financial assistance: transfers to SRA

Section 211.

Transfer schemes

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contents of transfer scheme

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of transfer scheme

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of employees

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of transfer scheme

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I387 SCHEDULE 16 

Transfer to SRA of Franchising Director’s functions

Section 215.

Transport Act 1968 (c.73)

I3881
1 Section 56 of the Transport Act 1968 (Ministerial grants and local authority payments towards capital expenditure incurred in provision, improvement or development of facilities for public passenger transport) is amended as follows.
2 In subsection (2A), for “Franchising Director under which the Franchising Director undertakes to exercise franchising functions of his” substitute “ Strategic Rail Authority under which the Authority undertakes to exercise any of its franchising functions ”.
3 In subsection (2B)—
a omit the definition of “the Franchising Director”, and
b in the definition of “franchising functions”, for “Franchising Director” substitute “ Strategic Rail Authority ” and for “him” substitute “ it ”.

Insolvency Act 1986 (c.45)

F5012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5013. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5014. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5015. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5016. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5017. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Railways Act 1993 (c.43)

I3898The M222Railways Act 1993 has effect subject to the following amendments.
F3689. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36812. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I39014
1 Section 23 (passenger services to be subject to franchise agreements) is amended as follows.
F9312 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In subsection (2)—
F91a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for “his” substitute “ its ”.
F2254 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I39116
1 Section 26 (invitations to tender for franchises) is amended as follows.
F8922 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In subsections (2) and (3)—
F754a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for “he” substitute “ it ”.
I39217
1 Section 27 (transfer of franchise assets and shares) is amended as follows.
2 In subsections (1) and (2)—
F830a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for “himself” substitute “ itself ”.
F2833 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In subsection (9)—
F305a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for “his” substitute “ its ”, and
c for “himself” substitute “ itself ”.
5 In subsection (10)—
F822a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for “he” substitute “ it ”.
I39318
1 Section 28 (fares and approved discount fare schemes) is amended as follows.
2 In subsection (2)—
F218a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for “he” (in both places) substitute “ it ”, and
c for “his” substitute “ its ”.
F2673 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23519. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I39420
1 Section 34 (Passenger Transport Authorities and Executives: franchising) is amended as follows.
2 In subsection (4)—
a for “Franchising Director” substitute “ Authority ”, and
b for “him” substitute “ the Authority ”.
3 In subsection (5)—
a for “Franchising Director” substitute “ Authority ”,
b for “his” (in both places) substitute “the Authority’s,” and
c for “him” substitute “ the Authority ”.
4 In subsection (6) and in subsection (7) (in both places), for “Franchising Director” substitute “ Authority ”.
5 In subsection (8)—
a for “Franchising Director” (in both places) substitute “ Authority ”, and
b for “he” substitute “ the Authority ”.
6 In subsections (10) and (12) and in subsection (13) (in both places), for “Franchising Director” substitute “ Authority ”.
7 In subsection (14)—
a for “Franchising Director” (in each place) substitute “ Authority ”,
b for “him” substitute “ the Authority ”, and
c for “he” (in both places) substitute “ the Authority ”.
8 In subsection (15), for “Franchising Director” substitute “ Authority ”.
9 In subsection (16)—
a for “Franchising Director” (in both places) substitute “ Authority ”, and
b for “his” substitute “ its ”.
10 In subsection (17), for “Franchising Director” (in each place) substitute “ Authority ”.
11 In subsection (18)—
a for “Franchising Director” (in both places) substitute “ Authority ”, and
b for “he may apply” substitute “ the Authority may apply ”.
12 In subsection (19), for “Franchising Director” substitute “ Authority ”.
I39521In section 35 (termination and variation of section 20(2) agreements by Franchising Director), for “Franchising Director” (in each place, including the sidenote) substitute “ Authority ”.
F23522. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23523. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23524. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23525. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23526. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23527. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23528. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23530. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23531. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23532. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23533. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I39634
1 Section 54 (exercise of functions for purpose of encouraging investment in railways) is amended as follows.
2 In subsection (1)—
a for “Franchising Director” substitute “ Authority ”, and
b for “his, or (as the case may be) their,” substitute “ their ”.
3 In subsection (2)—
a for “Franchising Director” (in both places) substitute “ Authority ”, and
b for “franchising functions of his” substitute “ any of its franchising functions ”.
4 In subsection (3)—
a for “Franchising Director” substitute “ Authority ”,
b for “functions of his under” substitute “ of the Authority’s functions under ”,
c for “him” substitute “ the Authority ”, and
d for “his which” substitute “ the Authority which ”.
I39735
1 Section 55 (orders for securing compliance) is amended as follows.
2 In subsections (1) to (7)—
a for “officer” (in each place) substitute “ authority ”, and
b for “he” and “him” (in each place) substitute “ it ”.
3 In subsection (10)—
a for “officer” substitute “ authority ”, and
F286b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1314 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1315 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I39836In section 56 (procedural requirements)—
a for “officer” (in each place) substitute “ authority ”,
b for “he” (in each place) substitute “ it ”, and
c for “his” (in each place) substitute “ its ”.
I39937In section 57(7) (validity and effect of orders), for “officer” substitute “ authority ”.
I40038
1 Section 58 (power to require information etc.) is amended as follows.
2 In subsection (1)—
a for “officer” (in both places) substitute “ authority ”, and
b for “his” substitute “ its ”.
3 In subsection (2) (in each place) and in subsection (6), for “officer” substitute “ authority ”.
F85039. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85040. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85041. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85042. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I40143In subsection (9) of section 72 (keeping of register by Regulator)—
a for “Franchising Director” (in both places) substitute “ Authority ”, and
b for “him” substitute “ it ”,
and in the heading preceding that section, for “Franchising Director” substitute “ Authority ”.
F36444. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36445. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36446. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36447. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36448. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I40249
1 Section 118 (control of railways in time of hostilities, severe international tension or great national emergency) is amended as follows.
F8412 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In subsection (3)—
F940a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for “him to carry out his” substitute “ the carrying out of ”.
F8414 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8415 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I40351
1 Section 136 (grants and subsidies) is amended as follows.
F1082 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In subsection (6), for “Franchising Director may each, in his capacity” substitute “ Authority may each, ”.
F4604 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4605 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19352. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9553. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I40454
1 Paragraph 2 of Schedule 7 (transfer schemes in connection with railway administration orders) is amended as follows.
2 In sub-paragraph (2), for “Franchising Director” substitute “ Authority ”.
3 In sub-paragraph (3), for “Franchising Director, for his approval, he” substitute “ Authority for approval, the Secretary of State or Authority ”.
4 In sub-paragraph (6)—
a for “Franchising Director” substitute “ Authority ”, and
b for “him” substitute “ the Secretary of State or Authority ”.
5 In sub-paragraph (7)—
a for “Franchising Director” substitute “ Authority ”,
b for “he” substitute “ the Secretary of State or Authority ”, and
c omit “on him”.

Railway Heritage Act 1996 (c.42)

I40555
1 Section 1 of the Railway Heritage Act 1996 (bodies to which Act applies) is amended as follows.
2 For paragraph (f) substitute—
.
3 In paragraph (g), for “that Director” substitute “ the Authority ”.

Competition Act 1998 (c.41)

F46657. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Greater London Authority Act 1999 (c.29)

I40758The Greater London Authority Act 1999 has effect subject to the following amendments.
F73359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I40860In section 177 (provision of extra passenger transport services and facilities), for “Franchising Director” (in both places) substitute “ Strategic Rail Authority ”.
F85561. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66762. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I40963In section 199(1) (licence exemptions and facility exemptions), for “Franchising Director” substitute “ Strategic Rail Authority ”.
F18864. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I41065In section 203 (closures: copy documents to Mayor of London), for “Franchising Director” (in both places, including the sidenote) substitute “ Strategic Rail Authority ”.
F93466. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I41167
1 Section 240 (travel concessions on journeys in and around Greater London) is amended as follows.
2 In subsection (2) (in both places), and in subsection (7), for “Franchising Director” substitute “ Strategic Rail Authority ”.
3 In subsection (8), omit the definition of “the Franchising Director”.

SCHEDULE 17 

Transfers to SRA from the Office of Rail and Road

Section 216.

Part I  Functions relating to licences

Introductory

1I412The M223Railways Act 1993 has effect subject to the following amendments.

Exemptions

I4132
1 Section 7 (exemptions from requirement for operator of railway asset to be authorised by licence) is amended as follows.
F7302 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7303 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7304 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7305 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 In subsection (7), for “subsection (6) above” substitute “ this section ”.
F4177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consumer protection conditions

F3513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grant

I4144
1 Section 8 (licences) is amended as follows.
2 In subsection (1)—
F624a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b in paragraph (b) (grant by Regulator with consent of, or in accordance with general authority given by, Secretary of State), for the words after “consent” substitute “ , or in accordance with a general authority, of the Secretary of State given after consultation with the Authority, ”.
3 In subsection (2) (general authority may require Regulator to consult, or obtain approval of, Secretary of State), for the words after “above” substitute—
4 In subsection (6) (certain licences not capable of being surrendered without consent of Regulator), for “without the consent of the Regulator” substitute “ unless the Regulator and the Authority consent to the surrender ”.
5 In subsection (7) (grantor of licence to give copies)—
F166a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b in paragraph (b), after “Regulator,” insert “ to the Authority and ”.

Assignment

I4155
1 Section 11 (assignment of licences) is amended as follows.
2 In subsection (2) (requirement of consent of whichever of the relevant authorities is specified), for the words after “consent of” substitute—
3 Omit subsection (3) (definition of “relevant authorities”).
4 In subsection (4) (consent may be given subject to conditions imposed by person giving consent), for “the person giving the consent thinks fit to impose” substitute “ are imposed by the person or persons giving the consent ”.

Modification

I4166
1 Section 12 (modification by agreement) is amended as follows.
F3422 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In subsection (2) (notice by Regulator)—
F339a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b after “and shall” insert “ , before making the modifications, ”.
F7644 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7645 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4177
1 Section 13 (modification references to Competition Commission) is amended as follows.
F2452 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2453 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2454 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 In subsection (3) (matters which may be specified in reference or variation)—
F352a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for “his” (in both places) substitute “ its ”.
6 In subsection (4) (notice of reference or variation)—
F842a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for “he” substitute “ it ”.
F3107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 In subsection (6) (assistance to Commission)—
F607a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for “his possession” substitute “ the possession of the appropriate authority ”,
c for “his opinion” substitute “ the opinion of the appropriate authority ”, and
d for “his power” substitute “ the power of the appropriate authority ”.
I4188
1 Section 14 (reports on modification references) is amended as follows.
F8092 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In subsection (5) (publication by Regulator)—
F332a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for “he” substitute “ it ”.
F7974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4199
1 Section 15 (modification following report) is amended as follows.
2 In subsection (1) (duty of Regulator to modify)—
a for “Where” substitute “ This section applies where ”, and
b omit the words following paragraph (d).
3 After that subsection insert—
4 In subsection (2) (Regulator to have regard to modifications specified in report)—
a after “making” insert “ , or requiring the making of, ”, and
F370b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 In subsection (3) (notice by Regulator), for “this section” substitute “ subsection (1A) above ”.
F5516 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5517 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5518 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

I42011
1 Section 55 (orders for securing compliance) is amended as follows.
2 After subsection (5) insert—
F4933 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In subsection (11), for “(5A)” substitute “ (5ZA) ”.
I42112In section 56 (procedural requirements), after subsection (2) insert—

Investigation

F70013. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83914. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registers

I42215In section 72(2)(a) (matters about licences to be entered in register maintained by Regulator)—
a in sub-paragraph (iii) (modifications and revocations of licences), insert at the end “ and every requirement to modify conditions of a licence imposed on the Regulator by the Authority ”,
b in sub-paragraph (iv) (revocation of licence exemptions), insert at the end “ and every requirement to revoke a licence exemption imposed on the Regulator by the Authority ”,
c in sub-paragraph (vii) (enforcement orders etc.), for “which relates” substitute “ made by the Regulator in relation ”, and
d after that sub-paragraph insert—
.
I42316In section 73(2) (matters which Authority is to enter in register maintained by it)—
a in paragraph (e) (provisions of enforcement orders etc.), for “which relates to” substitute “ made by the Authority in relation to a licence or ”, F553...
F553b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II  Other functions

Introductory

I42417The M225Railways Act 1993 has effect subject to the following further amendments.

Rail users’ consultative committees

F35318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50919. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I42520
1 Section 76 (general duties of Central Committee) is amended as follows.
F7342 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In subsection (5), for the words from “refer the matter” to the end substitute “ , unless representations about the matter have been made to the Authority by the Rail Passengers’ Council, refer it to the Authority with a view to the Authority exercising such of its powers as it considers appropriate in the circumstances of the case. ”
4 After that subsection insert—
F4215 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17321. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17323. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closures

F17325. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17326. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code for protection of disabled rail users

I42628
1 After section 71A insert—
2 Omit section 70 (existing obligation of Regulator in relation to code).

Annual reports

F45529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalty fares

F42730. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F577Part III  Associated property, rights and liabilities

Transfer schemes

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contents of transfer scheme

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of transfer scheme

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of employees

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of transfer scheme

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of information to Secretary of State

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I427 SCHEDULE 18 

Transfer to SRA of BR’s functions relating to transport police

Section 217.

Part I  Functions

British Transport Commission Act 1949 (c.xxix)

F3351. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3352. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3353. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

British Transport Commission Act 1962 (c.xlii)

I4284
1 Section 43 of the British Transport Commission Act 1962 (constables) is amended as follows.
2 Omit subsection (1).
3 In subsection (2), for “the said section 53” substitute “ section 53 (constables) of the Act of 1949 ”.

Police and Criminal Evidence Act 1984 (c.60)

I4295In section 6 of the Police and Criminal Evidence Act 1984 (stop and search powers: statutory undertakers etc.), in subsection (1A) (transport police), for “by the British Railways Board” substitute “ by the Strategic Rail Authority ”.

Channel Tunnel Act 1987 (c. 53)

6
1 Section 14 of the Channel Tunnel Act 1987 (arrangements for policing of tunnel system) is amended as follows.
F7472 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In subsection (5) (payments by Kent police authority)—
F621a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for “Board” substitute “ Authority ”.

Railways Act 1993 (c.43)

F8317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8319. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F913Part II  Associated property, rights and liabilities

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F224SCHEDULE 19 

Transfer to SRA of BR’s property etc

Section 218.

Transfer schemes

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contents of transfer scheme

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions under legislation

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of transfer scheme

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of employees

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Foreign property, rights and liabilities

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of transfer scheme

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of information to Secretary of State

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F224SCHEDULE 20 

SRA bye-laws

Section 219.

Introductory

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalties

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Confirmation

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Varying and revoking

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stations

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F224SCHEDULE 21 

Transfer schemes by SRA

Section 220.

Transfers from Authority and its subsidiaries

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers of franchise assets

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contents of transfer scheme

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions under legislation

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of transfer scheme

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of employees

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of information to Authority

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of transfer scheme

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 22 

Renaming of rail users’ consultative committees

Section 227.

Part I  Amendments of Railways Act 1993

I4301The M227Railways Act 1993 has effect subject to the following amendments.
F7572. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7573. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7574. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7575. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7576. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7577. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4318
1 Section 76 (general duties of Central Committee) is amended as follows.
2 In subsection (1), for “Central Committee” substitute “ Rail Passengers’ Council ”.
3 In subsection (2), for “Committee” (in each place) substitute “ Rail Passengers’ Council ”.
4 In subsection (3)—
a for “Central Committee” substitute “ Rail Passengers’ Council ”,
F765b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c for “the Committee” substitute “ the Rail Passengers’ Council ”.
5 In subsection (4)—
a for “Central Committee” substitute “ Rail Passengers’ Council ”, and
b for “the Committee” (in both places) substitute “ the Rail Passengers’ Council ”.
6 In subsection (5), for—
a “the Central Committee” and
b “the Committee”,
substitute “ the Rail Passengers’ Council ”.
7 In subsection (6), for “Central Committee” (in both places) substitute “ Rail Passengers’ Council ”.
8 In subsection (7)—
a for “Central Committee” substitute “ Rail Passengers’ Council ”, and
b for “the Committee” (in both places) substitute “ the Rail Passengers’ Council ”.
9 In the sidenote, for “Central Committee” substitute “ Rail Passengers’ Council ”.
10 In the heading before section 76, for “Central Committee and the consultative committees” substitute “ Rail Passengers’ Council F291... ”.
F7749. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II  Amendments of other enactments

Transport Act 1962 (c.46)

I43215
1 Section 56 of the Transport Act 1962 (functions of Central Committee and consultative committees) is amended as follows.
2 In subsection (4)—
a for the words from “duty” to “consider” substitute “ duty of the Rail Passengers’ Council and each Rail Passengers’ Committee to consider ”,
b for “the committee” (in each place) substitute “ the Rail Passengers’ Council or Rail Passengers’ Committee ”,
F144c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F144d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F144e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F833 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In subsection (6ZA)—
F591a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b for “that committee and the Central Committee” substitute “ that Rail Passengers’ Committee and the Rail Passengers’ Council ”.
F5465 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5466 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary Commissioner Act 1967 (c.13)

I43316In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate places in alphabetical order)—

Transport Act 1968 (c.73)

I43417In section 55(1) of the Transport Act 1968 (exclusion of Waterways Board), for “the Central Committee and the consultative committees, within the meaning of that section,” substitute “ the Rail Passengers’ Council and the Rail Passengers’ Committees ”.

Chronically Sick and Disabled Persons Act 1970 (c.44)

F13918. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

House of Commons Disqualification Act 1975 (c.24)

I43519In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), insert (at the appropriate places in alphabetical order)—

Channel Tunnel Act 1987 (c.53)

I43620In section 41(1) of the Channel Tunnel Act 1987 (consultative committees), for the words from “Central” to “Users Consultative” substitute “ Rail Passengers’ Council and each of the Rail Passengers’ ”.

Greater London Authority Act 1999 (c.29)

I43721The Greater London Authority Act 1999 has effect subject to the following amendments.
F69422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I43823In section 252 (London Transport Users’ Committee as Rail Users’ Consultative Committee)—
F633a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b in the sidenote, for “rail users’ consultative committee” substitute “ Rail Passengers’ Committee ”.
F65024. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 23 

Finances and procedures of rail users’ consultative committees

Section 229.

Introductory

F8791. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration of members

F8792. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8793. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial duties

F8794. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8795. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedures

F8796. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8797. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sub-committees and committees

F8798. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8799. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public records

I43910In the First Schedule to the M228Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3, insert (at the appropriate place in alphabetical order)—

SCHEDULE 24 

Review of access charges by Regulator

Section 231.

The Schedule to be inserted after Schedule 4 to the M229Railways Act 1993 is as follows—

SCHEDULE 25 

Transfer of BR’s property etc. to Secretary of State

Section 240.

Transfer schemes

I4401
1 The Secretary of State may make one or more schemes for the transfer to him of any property, rights and liabilities of the Board, other than the property, rights and liabilities relating to the transport police transferred under Schedule 18.
2 In this Schedule “transfer scheme” means a scheme under this paragraph.

Contents of transfer scheme

I4412
1 The property, rights and liabilities which may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned.
2 The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.
I4423A transfer scheme may define the property, rights and liabilities to be transferred to the Secretary of State by specifying them or describing them or by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the Board (or partly in one way and partly in the other).
I4434A transfer scheme may contain provision—
a for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the Board,
b for the creation in favour of the Secretary of State of an interest in or right over, property retained by the Board,
c for the creation of rights and liabilities as between the Secretary of State and the Board, or
d for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against the Secretary of State.
I4445A transfer scheme may make such supplementary, incidental and consequential provision as the Secretary of State considers appropriate.

Functions under legislation

I4456
1 A transfer scheme may provide that any functions of the Board under a statutory provision shall be transferred to the Secretary of State.
2 Sub-paragraph (1) applies in relation to any function under a statutory provision if and to the extent that the statutory provision—
a relates to any property which is to be transferred by the scheme, or
b authorises the carrying out of works designed to be used in connection with any such property or the acquisition of land for the purpose of carrying out any such works.
3 In this paragraph “statutory provision” means a provision whether of a general or of a special nature contained in, or in any document made or issued under, any Act (whether of a general or a special nature) other than the M232Railways Act 1993 or this Part.

Effect of transfer scheme

I4467On the date appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this paragraph, be transferred in accordance with the provisions of the scheme.
I4478Nothing in this Act affects the validity of anything done by or in relation to the Board in connection with anything transferred by a transfer scheme.
I4489There may be continued by or in relation to the Secretary of State anything (including legal proceedings) relating to anything transferred by a transfer scheme which is in the process of being done by or in relation to the Board immediately before it is transferred.
I44910Anything done by the Board for the purpose of or in connection with anything transferred by a transfer scheme which is in effect immediately before it is transferred shall be treated as if done by the Secretary of State.
I45011The Secretary of State shall be substituted for the Board in documents and legal proceedings relating to anything transferred by a transfer scheme.

Transfer of employees

I45112Where a person employed by the Board becomes employed in the civil service of the state by virtue of a transfer scheme—
a for the purposes of Part XI of the M233Employment Rights Act 1996, he shall not be regarded as having been dismissed by virtue of the transfer, and
b for the purposes of that Act, his period of employment with the Board counts as a period of employment in the civil service of the state and the change of employment does not break the continuity of the period of employment.

Duties in relation to foreign property

12A
1 Where there is a transfer in accordance with a transfer scheme of—
a foreign property, or
b a foreign right or liability,
the Board and the Secretary of State must take all requisite steps to secure that the vesting of the foreign property, right or liability in the Secretary of State by this Act is effective under the relevant foreign law.
2 Until the vesting of the foreign property, right or liability in the Secretary of State in accordance with the transfer scheme is effective under the relevant foreign law, the Board must—
a hold the property or right for the benefit of the Secretary of State; or
b discharge the liability on behalf of the Secretary of State.
3 Nothing in sub-paragraph (1) or (2) prejudices the effect under the law of a part of the United Kingdom of the vesting of any foreign property, right or liability in the Secretary of State in accordance with a transfer scheme.
4 References in this paragraph to foreign property, or to a foreign right or liability, are references to any property, right or liability as respects which an issue arising in any proceedings would be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.
5 An obligation imposed under this paragraph in relation to property, rights or liabilities shall be enforceable as if contained in a contract between the Board and the Secretary of State.

Modification of transfer scheme

I45213
1 If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, he may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications, other than modifications relating to the transfer of rights and liabilities under a contract of employment, as may be specified in the order.
2 An order under sub-paragraph (1) may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme, and in connection with giving effect to that provision from that time may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
3 An order under sub-paragraph (1) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Provision of information to Secretary of State

I45314The Board shall provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any of the powers conferred on him by this Part of this Schedule.

Consultation

15Before making a transfer scheme, or an order modifying such a scheme, the Secretary of State shall consult the Board F314... .

SCHEDULE 26 

Transfers: tax

Section 250.

Part I  Interpretation

1
1 In this Schedule—
  • “the 1988 Act” means the M234Income and Corporation Taxes Act 1988,
  • F5....
  • “the 1992 Act” means the M235Taxation of Chargeable Gains Act 1992,
  • “the Capital Allowances Act” means the Capital Allowances Act 2001 and includes, where the context admits, enactments which under the 1988 Act are to be treated as contained in the Capital Allowances Act 2001,
  • “fixture” has the same meaning as in Chapter 14 of Part 2 of the Capital Allowances Act,
  • “franchise company” means any body corporate which is, or is to be, the franchisee or the franchise operator under a franchise agreement, and
  • “qualifying transfer” means a transfer which is a relevant transfer for the purposes of any of Parts II to VI of this Schedule.
2 So far as it relates to corporation tax, this Schedule is to be construed as one with the Corporation Tax Acts.
3 So far as it relates to capital allowances, this Schedule is to be construed as one with the Capital Allowances Act.

Part II  Transfers to SRA from Franchising Director, Secretary of State and the Office of Rail and Road

Interpretation

2In this Part of this Schedule—
  • “relevant transfer” means a transfer of property, rights or liabilities by virtue of—
    1. section 215,
    2. a scheme under paragraph 1 of Schedule 15, or
    3. a scheme under paragraph 31 of Schedule 17,
  • “transferee”, in relation to a relevant transfer, means the Authority, and
  • “transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: no gain no loss

3For the purposes of the 1992 Act a disposal by virtue of provision made under paragraph 34(a) of Schedule 17 is to be taken to be for a consideration such that no gain or loss accrues to the person making the disposal.

Chargeable gains: disposal of debts

4
1 Sub-paragraph (2) applies if in the case of a relevant transfer—
a a debt owed to the transferor is transferred to the transferee, and
b the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).
2 The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Capital allowances for plant and machinery

5
1 This paragraph applies in relation to property if—
a the property is plant or machinery to which a relevant transfer relates,
b the property would have been treated for the purposes of the Capital Allowances Act (had the transferor incurred expenditure qualifying for allowances under Part 2 of that Acton the provision of the property) as disposed of by the transferor to the transferee on the transfer taking effect, and
c the relevant order or scheme contains provision for the transferee to be taken for the purposes of that Act to have incurred capital expenditure of an amount specified in or determined in accordance with the order or scheme on the provision of the property.
2 For the purposes of the Capital Allowances Act—
a the transferee is to be taken to have incurred capital expenditure of that amount on the provision of the property for the purposes for which it is used by the transferee on and after the taking effect of the transfer,
b the property is to be taken as belonging to the transferee in consequence of the transferee having incurred that expenditure, and
c in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be taken for the purposes of sections 181(1) and 182(1) of that Act to be incurred by the giving of a consideration consisting in a capital sum of that amount.
3 In sub-paragraph (1)(c) “the relevant order or scheme” means—
a in the case of a transfer by virtue of section 215, an order made by the Secretary of State by statutory instrument, or
b in the case of a transfer by virtue of a scheme under paragraph 1 of Schedule 15 or paragraph 31 of Schedule 17, the scheme concerned.
4 A provision mentioned in sub-paragraph (1)(c) for the determination of an amount may include provision—
a for a determination to be made by the Secretary of State in a manner described in the order or scheme,
b for a determination to be made by reference to factors so described or to the opinion of a person so described, and
c for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.
5 The Treasury’s consent is required for the making or modification of a determination under a provision mentioned in sub-paragraph (1)(c).
6 The transferee’s consent is also required for such a modification after the relevant transfer takes effect.
7 If there is a determination or a modification of a determination under a provision mentioned in sub-paragraph (1)(c) all necessary adjustments—
a must be made by making assessments or by repayment or discharge of tax, and
b must be made despite any limitation on the time within which assessments may be made.

Capital allowances for plant and machinery: connected persons

6For the purposes of Part 2 of the Capital Allowances Act references in that Part to a transaction (however described) between connected persons (see section 575 of that Act) are not to include references to a relevant transfer.

Loan relationships

7
1 Sub-paragraph (2) applies if as a result of a relevant transfer the transferee replaces, or (if the transferor had been a company) would have replaced, the transferor as a party to a loan relationship.
2 Part 5 of the Corporation Tax Act 2009 is to have effect in relation to the time when the relevant transfer takes effect and any later time as if—
a the transferee had been a party to the loan relationship at the time the transferor became, or (if the transferor had been a company) would have become, a party to the loan relationship and at all times since that time, and
b the loan relationship to which the transferee is a party after the time the transfer takes effect is the same loan relationship as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.
3 For the purposes of sub-paragraph (2) the transferor (and accordingly the transferee) is to be taken to have accounted for the loan relationship in accordance with a basis of accounting corresponding to that in accordance with which the transferee accounts for the loan relationship in the accounting period in which the transfer takes effect.
4 Expressions used in this paragraph and in Part 5 of the Corporation Tax Act 2009 have the same meanings in this paragraph as in that Part.

Part III  Transfers from BR to SRA

Interpretation

8In this Part of this Schedule—
  • “relevant transfer” means a transfer of property, rights or liabilities by virtue of—
    1. paragraph 11 of Schedule 18, or
    2. a scheme under paragraph 1 of Schedule 19,
  • “transferee”, in relation to a relevant transfer, means the Authority, and
  • “transferor”, in relation to a relevant transfer, means the Board.

Chargeable gains: general

9For the purposes of the 1992 Act a disposal—
a constituted by a relevant transfer, or
b by virtue of provision made under paragraph 4 of Schedule 19,
is to be taken (in relation to the person to whom the disposal is made as well as the person making the disposal) to be for a consideration such that no gain or loss accrues to the person making the disposal.

Chargeable gains: restriction of losses

10
1 If there has been a disposal of an asset—
a constituted by a relevant transfer, or
b by virtue of provision made under paragraph 4 of Schedule 19,
subsection (8) of section 41 of the 1992 Act (which applies that section to cases where assets have been acquired without gain or loss) is to have effect as if the asset had been disposed of and acquired in circumstances mentioned in that subsection.
2 This paragraph is not to prejudice paragraph 9.

Chargeable gains: groups

11
1 Sub-paragraph (2) applies if a company (“the degrouped company”)—
a acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and
b ceases by virtue of a relevant transfer to be a member of the old group.
2 Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.
3 If sub-paragraph (2) applies to an asset, that section is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”), otherwise than by virtue of a qualifying transfer, as if the degrouped company and the company from which it acquired the asset had been members of the new group at the time of acquisition.
4 If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a qualifying transfer, it is to be regarded for those purposes as so doing by virtue of the qualifying transfer and not by virtue of any preparatory transactions.
5 In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the qualifying transfer in question.
6 Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Chargeable gains: disposal of debts

12
1 Sub-paragraph (2) applies if in the case of a relevant transfer—
a a debt owed to the transferor is transferred to the transferee, and
b the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).
2 The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Continuity in relation to capital allowances etc. where trade transferred

13
1 Sub-paragraphs (2) to (4) apply if—
a the transferor ceased to carry on a trade by virtue of a relevant transfer taking effect, and
b on the taking effect of that transfer, the transferee began to carry on the trade.
This sub-paragraph is to be read with sub-paragraph (8).
2 Subject to sub-paragraphs (3) and (4), in a case falling within sub-paragraph (1)—
a there are to be made to or on the transferee in accordance with the Capital Allowances Act all such allowances and charges as would, if the transferor had continued to carry on the trade, have fallen to be made to or on the transferor, and
b the amount of any such allowance or charge is to be computed as if—
i the transferee had been carrying on the trade since the transferor began to do so, and
ii everything done to or by the transferor had been done to or by the transferee (but so that the relevant transfer itself, so far as it relates to any assets in use for the purpose of the trade, shall not be treated as giving rise to any such allowance or charge).
3 For the purposes of the Corporation Tax Acts, only such amounts (if any) as may be specified in or determined in accordance with an order made by the Secretary of State by statutory instrument are to be allocated to the transferee in respect of expenditure by reference to which capital allowances may be made by virtue of sub-paragraph (2) in relation to anything to which the transfer relates.
4 Sub-paragraph (2) is to affect the amounts falling to be taken into account in relation to the transferor as expenditure by reference to which capital allowances may be made only so far as necessary to give effect to a reduction of any such amount by a sum equal to so much of that amount as is allocated to the transferee as mentioned in sub-paragraph (3).
5 An order under sub-paragraph (3) may include provision—
a for a determination to be made by the Secretary of State in a manner described in the order,
b for a determination to be made by reference to factors so described or to the opinion of a person so described, and
c for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.
6 The Treasury’s consent is required for the making or modification of a determination of any such amount as is mentioned in sub-paragraph (3).
7 The transferee’s consent is also required for such a modification after the relevant transfer takes effect.
8 In determining whether sub-paragraph (1) has effect in relation to a relevant transfer in a case where—
a the transferor continues to carry on any trade or part of a trade after the transfer takes effect, or
b the transferee was carrying on any trade before the transfer takes effect,
the trade or part of a trade which is continued, or was being carried on, shall for the purposes of that sub-paragraph be treated in relation to any trade or part of a trade which is transferred by virtue of the transfer as a separate trade and shall accordingly be disregarded.
9 If there is a determination or a modification of a determination for any purposes of this paragraph, all necessary adjustments—
a must be made by making assessments or by repayment or discharge of tax, and
b must be made despite any limitation on the time within which assessments may be made.

Capital allowances for plant and machinery

14
1 This paragraph applies in relation to property if—
a the property is plant or machinery to which a relevant transfer relates,
b paragraph 13 does not apply in relation to the transfer of the property to the transferee,
c the property would be treated for the purposes of the Capital Allowances Act as disposed of by the transferor to the transferee on the transfer taking effect, and
d the scheme concerned contains provision for the disposal value of the property to be taken for the purposes of that Act to be of an amount specified in or determined in accordance with the scheme.
2 For the purposes of the Capital Allowances Act—
a the provision mentioned in sub-paragraph (1)(d) is to have effect (instead of section 61(2) to (4), 72(3) to (5), 171, 196 or 423 of that Act) for determining an amount as the disposal value of the property or the price at which a fixture is to be treated as sold,
b the transferee is to be taken to have incurred capital expenditure of that amount on the provision of the property for the purposes for which it is used by the transferee on and after the taking effect of the transfer,
c the property is to be taken as belonging to the transferee in consequence of the transferee having incurred that expenditure, and
d in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be taken for the purposes of sections 181(1) and 182(1) of that Act to be incurred by the giving of a consideration consisting in a capital sum of that amount.
3 A provision mentioned in sub-paragraph (1)(d) for the determination of an amount may include provision—
a for a determination to be made by the Secretary of State in a manner described in the scheme,
b for a determination to be made by reference to factors so described or to the opinion of a person so described, and
c for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.
4 The Treasury’s consent is required for the making or modification of a determination under a provision mentioned in sub-paragraph (1)(d).
5 The transferee’s consent is also required for such a modification after the relevant transfer takes effect.
6 If there is a determination or a modification of a determination under a provision mentioned in sub-paragraph (1)(d) all necessary adjustments—
a must be made by making assessments or by repayment or discharge of tax, and
b must be made despite any limitation on the time within which assessments may be made.

Capital allowances for plant and machinery: connected persons

15For the purposes of Part 2 of the Capital Allowances Actreferences in that Part to a transaction (however described) between connected persons (see section 575 of that Act) are not to include references to a relevant transfer.

Leased assets

16
1 Sub-paragraphs (2) and (3) apply for the purposes of section 781 of the 1988 Act (assets leased to traders and others) if the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred to a person under a relevant transfer.
2 The transfer is to be treated as made without any capital sum having been obtained in respect of the interest by the transferor; and this is so despite section 783(4) of that Act.
3 If the interest is an interest under a lease, payments made by the transferor under the lease before the transfer takes effect are to be treated as if they had been made under that lease by the transferee.
4 Sub-paragraph (5) applies for the purposes of section 781 of the 1988 Act if a lease, or any other interest in an asset, is granted by virtue of provision made under paragraph 4 of Schedule 19.
5 The grant is to be treated as made without any capital sum having been obtained in respect of the lease, or interest, by the grantor; and this is so despite section 783(4) of that Act.
6 No charge is to arise under section 781(1) of the 1988 Act by virtue of section 783(2) of that Act in a case where the capital sum mentioned in section 781(1)(b)(i) or (ii) of that Act is or forms part of the consideration obtained (or treated by section 783(4) of that Act as obtained) by the transferor on a disposal by virtue of a relevant transfer of securities of a subsidiary of the transferor.
7 Expressions used in this paragraph and in sections 781 to 785 of the 1988 Act have the same meanings in this paragraph as in those sections.

Loan relationships

17
1 Sub-paragraph (2) applies if, as a result of a relevant transfer, the transferee replaces the transferor as a party to a loan relationship.
2 Part 5 of the Corporation Tax Act 2009 is to have effect in relation to the time when the relevant transfer takes effect and any later time as if—
a the transferee had been a party to the loan relationship at the time the transferor became a party to the loan relationship and at all times since that time, and
b the loan relationship to which the transferee is a party after the time the transfer takes effect is the same loan relationship as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.
3 Expressions used in this paragraph and in Part 5 of the Corporation Tax Act 2009 have the same meanings in this paragraph as in that Part.

Charge to tax under Case I of Schedule D

18
1 This paragraph applies for the purpose of computing the profits or losses of the transferor and the transferee under Case I of Schedule D in respect of any trade or part of a trade transferred by a relevant transfer in relation to the time when the transfer takes effect and any later time.
2 The trade or part of a trade transferred is to be treated as having been, at the time of its commencement and at all times since that time, a separate trade carried on by the transferee.
3 The trade carried on by the transferee after the time the transfer takes effect is to be treated as the same trade as that which, by virtue of sub-paragraph (2), it is treated as having carried on before that time.
4 This paragraph is subject to paragraphs 13 and 17.

Part IV  Transfers to Secretary of State from SRA and BR

Interpretation

19In this Part of this Schedule—
  • “relevant transfer” means a transfer of property, rights or liabilities by virtue of—
    1. a scheme under paragraph 1 of Schedule 21 under which the property, rights or liabilities are transferred to the Secretary of State, or
    2. a scheme under paragraph 1 of Schedule 25,
  • “transferee”, in relation to a relevant transfer, means the Secretary of State, and
  • “transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: groups

20
1 Sub-paragraph (2) applies if a company (“the degrouped company”)—
a acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and
b ceases by virtue of a relevant transfer to be a member of the old group.
2 Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.
3 If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a relevant transfer, it is to be regarded for those purposes as so doing by virtue of the relevant transfer and not by virtue of any preparatory transactions.
4 In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the relevant transfer in question.
5 Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Capital allowances: actual consideration to be the disposal value

21
1 Sub-paragraphs (2) to (4) apply for the purposes of Part 3 of the Capital Allowances Act, and the other provisions of that Act which are relevant to that Part, if there is a disposal by virtue of a relevant transfer of the relevant interest in—
a an industrial building or structure, or
b a qualifying hotel or a commercial building or structure.
2 The disposal is to be treated as a sale of that relevant interest.
3 The sale moneys in respect of that sale are to be taken—
a if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or
b if no such capital sum is received, to be nil.
4 Sections 567 to 570 of that Act (sales treated as being for alternative amount) (sales between connected persons or without change of control) are not to have effect in relation to that sale.
5 Sub-paragraph (6) applies for determining, in the case of plant or machinery which is treated for the purposes of the Capital Allowances Act as disposed of by virtue of a relevant transfer, the amount which (in consequence of that disposal) is to be brought into account as the disposal value of that plant or machinery for the purposes of section 60 of that Act (meaning of “disposal value” and “disposal event”) (balancing adjustments).
6 The amount is, subject to section 62 of that Act (general limit on amount of disposal value) to be taken—
a if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or
b if no such capital sum is received, to be nil.
7 Sub-paragraph (8) applies if, in consequence of a disposal by virtue of a relevant transfer, a person is treated by section 188 of the Capital Allowances Act as ceasing to own a fixtureat any time.
8 The amount which, in consequence of that disposal, is to be brought into account as the disposal value of the fixture for the purposes of section 60 of the Capital Allowances Act is, subject to section 62 of that Act, to be taken—
a if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that portion of that capital sum which falls (or, if the person to whom the disposal is made were entitled to an allowance, would fall) to be treated for the purposes of Part 2 of that Actas expenditure incurred by that person on the provision of the fixture, or
b if no such capital sum is received, to be nil.
9 Sub-paragraphs (3), (6) and (8) have effect despite any other provision of the Capital Allowances Act.

Leased assets

22
1 Sub-paragraphs (2) and (3) apply for the purposes of section 781 of the 1988 Act (assets leased to traders and others) if the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred to a person under a relevant transfer.
2 The transfer is to be treated as made without any capital sum having been obtained in respect of the interest by the transferor; and this is so despite section 783(4) of that Act.
3 If the interest is an interest under a lease, payments made by the transferor under the lease before the transfer takes effect are to be treated as if they had been made under that lease by the transferee.
4 Sub-paragraph (5) applies for the purposes of section 781 of the 1988 Act if a lease, or any other interest in an asset, is granted by the transferor by virtue of provision made under paragraph 5 of Schedule 21 or paragraph 4 of Schedule 25.
5 The grant is to be treated as made without any capital sum having been obtained in respect of the lease, or interest, by the transferor; and this is so despite section 783(4) of that Act.
6 No charge is to arise under section 781(1) of the 1988 Act by virtue of section 783(2) of that Act in a case where the capital sum mentioned in section 781(1)(b)(i) or (ii) of that Act is or forms part of the consideration obtained (or treated by section 783(4) of that Act as obtained) by the transferor on a disposal by virtue of a relevant transfer of securities of a subsidiary of the transferor.
7 Expressions used in this paragraph and in sections 781 to 785 of the 1988 Act have the same meanings in this paragraph as in those sections.

Part V  Transfers from SRA to franchise company

Interpretation

23In this Part of this Schedule—
  • “relevant transfer” means a transfer of property, rights or liabilities by virtue of a scheme under paragraph 1 of Schedule 21 under which the property, rights or liabilities are transferred to a franchise company,
  • “transferee”, in relation to a relevant transfer, means the franchise company to whom the property, rights or liabilities are transferred, and
  • “transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: disposals not to be treated as made at market value

24
1 Section 17 of the 1992 Act (disposals and acquisitions treated as made at market value) is not to have effect in relation to—
a a disposal constituted by a relevant transfer or a disposal by virtue of provision made under paragraph 5 of Schedule 21, or
b the acquisition made by the person to whom the disposal is made.
2 But sub-paragraph (1) does not apply—
a if the person making the disposal is connected with the person making the acquisition, or
b in the case of a disposal by virtue of provision made under paragraph 5 of Schedule 21, if the disposal is made by or to a person other than the transferor or the transferee.
3 If sub-paragraph (1) applies to the disposal of an asset, the disposal is to be taken (in relation to the person making the acquisition as well as the person making the disposal) to be—
a in a case where consideration in money or money’s worth is given by the person making the acquisition or on his behalf in respect of the vesting of the asset in him, for a consideration equal to the amount or value of that consideration, or
b in a case where no such consideration is given, for a consideration of nil.

Chargeable gains: groups

25
1 Sub-paragraph (2) applies if a company (“the degrouped company”)—
a acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and
b ceases by virtue of a relevant transfer to be a member of the old group.
2 Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.
3 If sub-paragraph (2) applies to an asset, that section is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”), otherwise than by virtue of a qualifying transfer, as if the degrouped company and the company from which it acquired the asset had been members of the new group at the time of acquisition.
4 If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a qualifying transfer, it is to be regarded for those purposes as so doing by virtue of the qualifying transfer and not by virtue of any preparatory transactions.
5 In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the qualifying transfer in question.
6 Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Chargeable gains: disposal of debts

26
1 Sub-paragraph (2) applies if in the case of a relevant transfer—
a a debt owed to the transferor is transferred to the transferee, and
b the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).
2 The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Capital allowances: actual consideration to be the disposal value

27
1 Sub-paragraphs (2) to (4) apply for the purposes of Part 3 of the Capital Allowances Act, and the other provisions of that Act which are relevant to that Part, if there is a disposal by virtue of a relevant transfer of the relevant interest in—
a an industrial building or structure, or
b a qualifying hotel or a commercial building or structure.
2 The disposal is to be treated as a sale of that relevant interest.
3 The sale moneys in respect of that sale are to be taken—
a if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or
b if no such capital sum is received, to be nil.
4 Sections 567 to 570 of that Act (sales treated as being for alternative amount) are not to have effect in relation to that sale.
5 Sub-paragraph (6) applies for determining, in the case of plant or machinerywhich is treated for the purposes of the Capital Allowances Actas disposed of by virtue of a relevant transfer, the amount which (in consequence of that disposal) is to be brought into account as the disposal value of that plant or machineryfor the purposes of section 60 of that Act (meaning of “disposal value” and “disposal event”).
6 The amount is, subject to section 62 of that Act (general limit on amount of disposal value) to be taken—
a if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or
b if no such capital sum is received, to be nil.
7 Sub-paragraph (8) applies if, in consequence of a disposal by virtue of a relevant transfer, a person is treated by section 188 of the Capital Allowances Act as ceasing to own a fixture at any time.
8 The amount which, in consequence of that disposal, is to be brought into account as the disposal value of the fixture for the purposes of section 60 of the Capital Allowances Act is, subject to section 62 of that Act, to be taken—
a if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that portion of that capital sum which falls (or, if the person to whom the disposal is made were entitled to an allowance, would fall) to be treated for the purposes of Part 2 of that Act as expenditure incurred by that person on the provision of the fixture, or
b if no such capital sum is received, to be nil.
9 Sub-paragraphs (3), (6) and (8) have effect despite any other provision of the Capital Allowances Act.

Leased assets

28
1 Sub-paragraphs (2) and (3) apply for the purposes of section 781 of the 1988 Act (assets leased to traders and others) if the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred to a person under a relevant transfer.
2 The transfer is to be treated as made without any capital sum having been obtained in respect of the interest by the transferor; and this is so despite section 783(4) of that Act.
3 If the interest is an interest under a lease, payments made by the transferor under the lease before the transfer takes effect are to be treated as if they had been made under that lease by the transferee.
4 Sub-paragraph (5) applies for the purposes of section 781 of the 1988 Act if a lease, or any other interest in an asset, is granted by the transferor by virtue of provision made under paragraph 5 of Schedule 21.
5 The grant is to be treated as made without any capital sum having been obtained in respect of the lease, or interest, by the transferor; and this is so despite section 783(4) of that Act.
6 No charge is to arise under section 781(1) of the 1988 Act by virtue of section 783(2) of that Act in a case where the capital sum mentioned in section 781(1)(b)(i) or (ii) of that Act is or forms part of the consideration obtained (or treated by section 783(4) of that Act as obtained) by the transferor on a disposal by virtue of a relevant transfer of securities of a subsidiary of the transferor.
7 Expressions used in this paragraph and in sections 781 to 785 of the 1988 Act have the same meanings in this paragraph as in those sections.

Loan relationships

29
1 Sub-paragraph (2) applies if, as a result of a relevant transfer, the transferee replaces the transferor as a party to a loan relationship.
2 Part 5 of the Corporation Tax Act 2009 is to have effect in relation to the time when the relevant transfer takes effect and any later time as if—
a the transferee had been a party to the loan relationship at the time the transferor became a party to the loan relationship and at all times since that time, and
b the loan relationship to which the transferee is a party after the time the transfer takes effect is the same loan relationship as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.
3 Expressions used in this paragraph and in Part 5 of the Corporation Tax Act 2009 have the same meanings in this paragraph as in that Part.

Part VI  Transfers of franchise assets

Interpretation

30In this Part of this Schedule—
  • “relevant transfer” means a transfer of property, rights or liabilities by virtue of a scheme under paragraph 2 of Schedule 21 under which the property, rights or liabilities are transferred from a person which is, or has been, a franchise company,
  • “transferee”, in relation to a relevant transfer, means the person to whom the property, rights or liabilities are transferred, and
  • “transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: disposals not to be treated as made at market value

31
1 Section 17 of the 1992 Act (disposals and acquisitions treated as made at market value) is not to have effect in relation to—
a a disposal constituted by a relevant transfer or a disposal by virtue of provision made under paragraph 5 of Schedule 21, or
b the acquisition made by the person to whom the disposal is made.
2 But sub-paragraph (1) does not apply—
a if the person making the disposal is connected with the person making the acquisition, or
b in the case of a disposal by virtue of provision made under paragraph 5 of Schedule 21, if the disposal is made by or to a person other than the transferor or the transferee.
3 If sub-paragraph (1) applies to the disposal of an asset, the disposal is to be taken (in relation to the person making the acquisition as well as the person making the disposal) to be—
a in a case where consideration in money or money’s worth is given by the person making the acquisition or on his behalf in respect of the vesting of the asset in him, for a consideration equal to the amount or value of that consideration, or
b in a case where no such consideration is given, for a consideration of nil.

Chargeable gains: groups

32
1 Sub-paragraph (2) applies if a company (“the degrouped company”)—
a acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and
b ceases by virtue of a relevant transfer to be a member of the old group.
2 Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.
3 If sub-paragraph (2) applies to an asset, that section is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”), otherwise than by virtue of a qualifying transfer, as if the degrouped company and the company from which it acquired the asset had been members of the new group at the time of acquisition.
4 If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a qualifying transfer, it is to be regarded for those purposes as so doing by virtue of the qualifying transfer and not by virtue of any preparatory transactions.
5 In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the qualifying transfer in question.
6 Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Chargeable gains: disposal of debts

33
1 Sub-paragraph (2) applies if in the case of a relevant transfer—
a a debt owed to the transferor is transferred to the transferee, and
b the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).
2 The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Capital allowances: actual consideration to be the disposal value

34
1 Sub-paragraphs (2) to (5) apply for the purposes of Part 3 of the Capital Allowances Act, and the other provisions of that Act which are relevant to that Part, if there is a disposal by virtue of a relevant transfer of the relevant interest in—
a an industrial building or structure, or
b a qualifying hotel or a commercial building or structure.
2 The disposal is to be treated as a sale of that relevant interest.
3 The sale moneys in respect of that sale are to be taken—
a if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or
b if no such capital sum is received, to be nil.
4 The sale moneys in respect of that sale are to be taken, as respects the transferee only, to include in addition an amount equal to any capital sum received by a person other than the transferor or a person connected with the transferor by way of consideration or compensation in respect of the acquisition of the relevant interest by the transferee.
5 Sections 567 to 570 of that Act (sales treated as being for alternative amount) are not to have effect in relation to that sale.
6 Sub-paragraph (7) applies for determining, in the case of plant or machinerywhich is treated for the purposes of the Capital Allowances Act as disposed of by virtue of a relevant transfer, the amount which (in consequence of that disposal) is to be brought into account as the disposal value of that plant or machinery for the purposes of sections 60 of that Act (meaning of “disposal value” and “disposal event”).
7 The amount is, subject to section 62 of that Act (general limit on amount of disposal value) to be taken—
a if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or
b if no such capital sum is received, to be nil.
8 Sub-paragraph (9) applies if, in consequence of a disposal by virtue of a relevant transfer, a person is treated by section 188 of the Capital Allowances Act as ceasing to own a fixture at any time.
9 The amount which, in consequence of that disposal, is to be brought into account as the disposal value of the fixture for the purposes of section 60 of the Capital Allowances Act is, subject to section 62 of that Act, to be taken—
a if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that portion of that capital sum which falls (or, if the person to whom the disposal is made were entitled to an allowance, would fall) to be treated for the purposes of Part 2 of that Act as expenditure incurred by that person on the provision of the fixture, or
b if no such capital sum is received, to be nil.
10 Sub-paragraphs (3), (4), (7) and (9) have effect despite any other provision of the Capital Allowances Act.

Loan relationships

35
1 Section 444 of the Corporation Tax Act 2009 is not to have effect in a case where, as a result of a relevant transfer, the transferee replaces the transferor as a party to a loan relationship.
2 Expressions used in this paragraph and in Part 5 of the Corporation Tax Act 2009 have the same meanings in this paragraph as in that Part.

Part VII  Other provisions concerning transfers

Chargeable gains: value shifting

36Nothing in this Part of this Act and nothing done under it is to be regarded as a scheme or arrangement for the purposes of section 30 of the 1992 Act (tax-free benefits).

Chargeable gains: consequential amendment

F19937. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Group relief

38The existence of the powers of the Secretary of State or the Authority under this Part of this Act is not to be regarded (and nothing else in that Part is to be regarded) as—
a constituting arrangements falling within section 154(3) or 155(3) of the Corporation Tax Act 2010 (arrangements for transfer of company to another group or consortium), or
b constituting option arrangements for the purposes of section 173 of that Act.

Modifications of transfer schemes

39
1 Sub-paragraph (2) applies if—
a the effect of a scheme under paragraph 1 of Schedule 15, paragraph 31 of Schedule 17, paragraph 1 of Schedule 19 or paragraph 1 of Schedule 25 is modified by an order made by the Secretary of State, or
b the effect of a scheme under paragraph 1 of Schedule 21 under which the property, rights or liabilities are transferred to the Secretary of State or a franchise company is modified by an agreement made under paragraph 15 of that Schedule.
2 The Corporation Tax Acts (including this Schedule) are to have effect as if—
a the scheme had been made as modified, and
b anything done by or in relation to the preceding holder had (so far as relating to the property, rights or liabilities affected by the modification) been done by or in relation to the subsequent holder.
3 For the purposes of sub-paragraph (2) the preceding holder is the person who without the modification—
a became (under the scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification, or
b remained (despite the scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification,
as the case may be.
4 For the purposes of sub-paragraph (2) the subsequent holder is the person who (in consequence of the modification) becomes, or resumes being, entitled or subject to the property, rights or liabilities affected by the modification.

Stamp duty and stamp duty reserve tax

40
1 Stamp duty is not to be chargeable on—
a a scheme under paragraph 1 of Schedule 15, paragraph 31 of Schedule 17 or paragraph 1 of Schedule 19, 21 or 25, or
b an instrument or agreement which is certified to the Commissioners of Inland Revenue by the Secretary of State as made in pursuance of such a scheme.
2 No such scheme, and no instrument or agreement which is certified as mentioned in sub-paragraph (1)(b), is to be taken to be duly stamped unless—
a it has, in accordance with section 12 of the M236Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped, or
b it is stamped with the duty to which it would be liable, apart from this paragraph.
3 Section 12 of the M237Finance Act 1895 is not to operate to require—
a the delivery to the Inland Revenue of a copy of this Act, or
b the payment of stamp duty under that section on any copy of this Act,
and is not to apply in relation to an instrument on which, by virtue of sub-paragraph (1), stamp duty is not chargeable.
4 An agreement to transfer chargeable securities, as defined in section 99 of the M238Finance Act 1986, to a person specified in sub-paragraph (2)(a) to (c) of paragraph 1 of Schedule 21 is not to give rise to a charge to stamp duty reserve tax if the agreement is made for the purposes of, or for purposes connected with, a scheme under that paragraph.

Stamp duty land tax

40A
1 For the purposes of stamp duty land tax, a land transaction which is effected by, or in pursuance of a scheme under paragraph 1 of Schedule 15, paragraph 31 of Schedule 17 or paragraph 1 of Schedule 19, 21 or 25 is exempt from charge.
2 Relief under this paragraph must be claimed in a land transaction return or an amendment of such a return.
3 In this paragraph—
  • “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;
  • “land transaction return” has the meaning given by section 76(1) of that Act.

SCHEDULE 27 

Minor and consequential amendments about railways

Section 252.

Transport Act 1962 (c.46)

I4541
1 Section 43 of the Transport Act 1962 (charges and facilities) is amended as follows.
2 In subsections (1) and (2), for “Boards” substitute “ British Waterways Board or the Strategic Rail Authority ”.
3 In subsection (3), for “Boards” substitute “ British Waterways Board and the Strategic Rail Authority ”.
F4154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transport Act 1968 (c.73)

F2982. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2983. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2984. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2985. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

British Railways Act 1969 (c.xliii)

I4556In section 22 of the British Railways Act 1969 (misuse of telephones at level crossings)—
a for “Board” substitute “ a successor of the Board ”, and
b insert at the end “ ; and in this section “successor of the Board” has the same meaning as “successor of the British Railways Board” has in the M239Railways Act 1993 (Consequential Modifications) (No.2) Order 1999. ”

House of Commons Disqualification Act 1975 (c.24)

I4567In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), insert (at the appropriate place in alphabetical order)—

British Railways Act 1977 (c.xvii)

I4578
1 Section 13 of the British Railways Act 1977 (fines and penalties) is amended as follows.
2 In subsection (1), for “the Board, to any railway of the Board” substitute “ a successor of the Board, to any railway of a successor of the Board ”.
3 After that subsection insert—

Transport Act 1980 (c.34)

I4589Part III of the Transport Act 1980 (railway pensions) has effect subject to the following amendments.
I45910In section 52A(13) (provisions for final discharge of Secretary of State not to affect liability of Board in respect of relevant pension obligations), for “Board” substitute “ Authority ”.
I46011In section 52B(10) (provisions for substitution order not to affect liability of Board in respect of relevant pension obligations), for “Board” substitute “ Authority ”.
I46112
1 Section 53 (meaning of “relevant pension obligations”) is amended as follows.
2 In subsection (1)—
a for “Board which were owed” substitute “ Authority which were owed by the Board ”, and
b for “Board arising after the operative date” (in both places) substitute “ Authority which arose as an obligation of the Board after the operative date or was never an obligation of the Board ”.
3 In subsection (4), for “Board” (in each place) substitute “ Authority ”.
I46213In section 60(1) (interpretation), before the definition of “the Board” insert—
.

Transport Act 1985 (c.67)

F71214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Channel Tunnel Act 1987 (c.53)

I46315In paragraph 5 of Schedule 6 to the Channel Tunnel Act 1987 (application of offence provisions), for “the Railways Board” substitute “ a successor of the British Railways Board within the meaning of the M241Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 ”.

Heathrow Express Railway Act 1991 (c.vii)

16In section 41(1) of the Heathrow Express Railway Act 1991 (provisions which do not apply to services and facilities provided on Heathrow Express lines or at Heathrow Express stations), after “1968” insert “ and sections 76 and 77 of the M242Railways Act 1993 ”.

Railways Act 1993 (c.43)

I46417The Railways Act 1993 has effect subject to the following amendments.
I46518In section 7 (licence exemptions), omit subsection (10) (limit on grant of licence exemption by Secretary of State).
I46619In section 9 (licence conditions), after subsection (3) insert—
I46720
1 Section 13 (modification references to Competition Commission) is amended as follows.
2 In subsection (8)(c)(i), for “Director” substitute “ Regulator ”.
3 In subsection (8A)(a)—
a for “and 85” substitute “ , 85 ”, and
b after “documents)” insert “ and 93B (false or misleading information) ”.
I46821In section 17 (directions requiring facility owners to enter into contracts for use of their railway facilities), after subsection (7) insert—
I46922In section 18(9) (access contracts requiring approval of Regulator), after paragraph (a) insert—
.
I47023
1 Section 20 (exemption of railway facilities from sections 17 and 18) is amended as follows.
2 In subsections (1), (3) and (13), after “above” insert “ and section 22A below ”.
3 In subsection (2), omit the words following paragraph (b).
4 In the sidenote, for “and 18” substitute “ , 18 and 22A ”.
24
1 Section 27 (transfer of franchise assets and shares) is amended as follows.
2 In subsection (8), for “transfer scheme” substitute “ a scheme under Schedule 21 to the Transport Act 2000 ”.
F6083 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59925. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59926. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59927. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59928. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59929. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I47130
1 Section 55 (orders for securing compliance) is amended as follows.
F7612 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In subsections (2) and (4), for “subsection (5)” substitute “ subsections (5) to (5B) ”.
4 In subsection (5)(a), for “or, as the case may be, section 5 above” substitute “ above or, as the case may be, section 207 of the Transport Act 2000 ”.
5 Omit subsection (12).
I47231In the sidenote for section 56 insert at the end “ for section 55 orders ”.
I47332
1 In section 57 (validity and effect of orders) is amended as follows.
2 In subsection (2), omit paragraph (b).
3 After that subsection insert—
4 In subsection (9), for “section 58” substitute “ sections 57F and 58 ”.
5 In the sidenote, after “of” insert “ section 55 ”.
I47433
1 Section 58 (power to require information) is amended as follows.
2 In subsection (1)—
a for the words from “may be” to “requirement, the” substitute
, and
b after “55” insert “ or 57A ”.
3 In the sidenote insert at the end “ for purposes of sections 55 and 57A ”.
I47534In section 60(5)(c) (effect of petition for railway administration order), after “55” insert “ or 57A ”.
F93235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I47636
1 Section 72(2) (matters to be entered in register maintained by Regulator) is amended as follows.
2 In paragraph (a) (provisions about licences), after sub-paragraph (viii) (inserted by Schedule 17) insert—
.
3 In paragraph (b) (provisions about access agreements), after sub-paragraph (v) insert—
.
I47737
1 Section 73(2) (matters to be entered in register by Authority) is amended as follows.
2 In paragraph (d) (amendments of franchise agreements), insert at the end “ other than any which are not likely to have a material effect on the provision of services under the agreement or on any sums payable under the agreement. ”
3 After paragraph (e) insert—
.
I47838In section 80 (furnishing of information to Authority)—
a in subsection (1), for the words from the beginning to the end of paragraph (c) substitute “ Licence holders ” and insert at the end “ or the Transport Act 2000 ”, and
b omit subsection (6).
I47939
1 Section 83 (interpretation) is amended as follows.
2 For the definition of “appropriate officer” in subsection (1) substitute—
.
F2363 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 After the definition of “station services” in that subsection insert—
.
F7155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I48040
1 Section 135 (concessionary travel) is amended as follows.
2 In subsection (6)(a), for “(5)” substitute “ (4) ”.
3 In subsection (9), for “subsections (4) and (5) above are” substitute “ subsection (4) above is ”.
I48141
1 Section 145 (restrictions on disclosure of information) is amended as follows.
F9232 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 After subsection (5) insert—
I48242
1 Section 150(1) (Crown application) is amended as follows.
2 In paragraph (a), for “22” substitute “ 22C ”.
3 In paragraph (b), for “55 to 58, except sections 55(8) and 58(4) and (5);” substitute “ 55(1) to (7) and (9) to (11), sections 56 and 57 and section 58(1) to (3), (6) and (7); ”.
F20143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I48344
1 Section 154(3) (extent) is amended as follows.
2 For paragraph (a) substitute—
.
3 For paragraph (c) substitute—
.
F71945. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F79246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31647. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I48448In paragraph 2 of Schedule 6 (effect of administration order), after “55” insert “ or 57A ”.
I48549
1 Schedule 11 (pensions) is amended as follows.
2 In paragraph 1(1) (interpretation), in paragraph (a) of the definition of “eligible persons”—
a after “of the Board,” insert—
,
and
b for “franchise company” substitute “ body corporate which is, or is to be, the franchisee or the franchise operator under a franchise agreement ”.
3 In paragraphs 3(4) and 4(5), for “after consultation with” substitute “ with the consent of ”.
4 In paragraph 10(15), for “Board” (in both places) substitute “ Authority ”.
5 In paragraph 11(10), in the definition of “relevant employer” insert at the end—

Finance Act 1994 (c.9)

50
1 Schedule 24 to the Finance Act 1994 is amended as follows.
2 In paragraph 15(11) (trading losses), after paragraph (b) insert—
.
3 In paragraph 19(5) (leased assets: special cases), after paragraph (b) insert—
.

Railway Heritage Act 1996 (c.42)

I48651The Railway Heritage Act 1996 has effect subject to the following amendments.
I48752In section 2 (establishment of committee), for “Board” (in each place) substitute “ Authority ”.
I48853In section 4(6)(b) (notice of proposed disposal), for “Part II of the Railways Act 1993” substitute “ the Transport Act 2000 ”.

Greater London Authority Act 1999 (c.29)

I49157The Greater London Authority Act 1999 has effect subject to the following amendments.
F91158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I49259In section 209(1) (amendments about the Croydon Tramlink), for “(9)” substitute “ (10) ”.
F49860. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I49362
1 Schedule 18 (London Transport Users’ Committee) is amended as follows.
2 In paragraph 1, after “chairman” insert “ and other members ” and, in the heading preceding that paragraph, after “Chairman” insert “ and other members ”.
3 In paragraph 2, for “above,” substitute “ above as chairman, ”.
4 In paragraph 3, after “chairman” insert “ or another member ”.
F2735 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2736 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Omit paragraph 17.

Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 (S.I.1999/1998)

I49463In article 3(1) of the M245Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 (amendment of British Transport Commission Act 1949), for “include” substitute “ have effect as ”.

SCHEDULE 28 

Transitionals and savings about railways

Section 253.

First appointments to Authority

F1191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consumer protection conditions

2
1 The Secretary of State may make in relation to a licence or licence exemption granted before the coming into force of Part I of Schedule 17 a scheme making such provision as appears to him to be appropriate in consequence of the amendments made by that Part of that Schedule.
2 The scheme may include modifications of—
a the licence or licence exemption, and
b any agreements or other arrangements or other documents relating to the person (or any of the persons) to whom it was granted,
(in particular so that references to the Regulator have effect as references to the Authority).
3 The scheme may include provision for things done by the Regulator before the time when the scheme comes into force to be treated after that time as if done by the Authority.
4 Before making a scheme under this paragraph the Secretary of State must consult—
a the Authority,
b the Regulator,
c the person or persons to whom the licence or licence exemption was granted, and
d any such other persons as the Secretary of State considers appropriate.
5 The amendments made by Part I of Schedule 17 apply in relation to any licence or licence exemption granted before the coming into force of that Part of that Schedule only from the coming into force of a scheme made under this paragraph in relation to the licence or licence exemption.

Franchising

3
1 Any services which, immediately before the coming into force of section 212, are being provided under a franchise agreement shall be treated as having been designated under subsection (1) of section 23 of the M246Railways Act 1993 (as amended by subsection (1) of section 212) on the coming into force of section 212.
2 The designation treated as made by sub-paragraph (1) may be varied or revoked as provided by subsection (2A) of section 23 (as inserted by subsection (2) of section 212) but is not required to be published by subsection (2B) of section 23 (as so inserted).
F5504. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bye-laws

5
1 The repeal of section 67 of the M247Transport Act 1962 does not affect that section, or any provision of that section, as applied by any other enactment.
2 Any bye-laws made (or having effect as if made) under—
a section 67 of the M248Transport Act 1962, or
b section 129 of the M249Railways Act 1993,
which are in force immediately before the coming into force of the repeals of those sections shall continue in forceF477... .

Penalties

F2996. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
1 The fact that no order has been made under section 57A(3) of the M250Railways Act 1993 F699... does not affect the validity of any determination of the amount of a penalty under section 57A.
2 The fact that no order has been made under section 55(7B) of the M251Railways Act 1993 F894... does not affect the validity of any determination of the amount of any sum payable in accordance with a final or provisional order.
F548. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compliance orders

F4039. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 56 of the Transport Act 1962

10Where provision is made for subsections (4) to (6) of section 56 of the M252Transport Act 1962 (functions of Passengers’ Council and London Transport Users' Committee) to apply in relation to any services or any facilities connected with any services—
a section 76 of the M253Railways Act 1993 shall not apply in relation to them unless the services are being provided under a franchise agreement, but
b that subsection shall not apply in relation to them if the services are being so provided.

Review of access charges

F33311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closures

F33312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register

F33314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code for protection of disabled rail users

F33315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalty fares

F33316. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

17
1 Nothing in this Schedule limits section 276.
2 Nothing in this Schedule limits the operation of sections 16 and 17 of the M254Interpretation Act 1978 (effect of repeals).

SCHEDULE 29 

Driver training and driving instructors: minor and consequential amendments

Section 260.

Introductory

1The M255Road Traffic Act 1988 has effect subject to the following amendments.

Consequential amendments about driver training

2In section 89(6) (vehicles which may be driven by virtue of licence authorised by passing of test), for “For” substitute “ Subject to regulations under section 99ZA of this Act, for ”.
3In section 97(1) (grant of licences), for “the following provisions of this section and section 92 of this Act” substitute “ subsection (2) below, section 92 of this Act and regulations under section 99ZA of this Act ”.
4In section 98(2) (effect of full licence), after “below” insert “ and to regulations under section 99ZA of this Act ”.
5
1 Section 164 (power of constables to require production of evidence) is amended as follows.
2 For subsection (4A) substitute—
3 In subsection (6), for “his certificate of completion of a training course for motor cyclists” substitute “ prescribed evidence of the successful completion by him of a driver training course or of his being within an exemption ”.
4 In subsection (8A), for “a certificate of completion of a training course for motor cyclists” substitute “ prescribed evidence of the successful completion of a driver training course or of being within an exemption ”.
5 In subsection (11), for the words from “ “counterpart,” to “completion”” substitute “ “counterpart” and “provisional licence” ”.
6In section 194 (index of expressions) insert at the appropriate place—
.

Tests of continued ability and fitness to give driving instruction

7In section 125(5) (continuing registration conditional on undergoing tests of continued ability and fitness to give instruction), for the words from “undergo” to the end substitute “ submit himself for such test of continued ability and fitness to give instruction in the driving of motor cars (which may consist of practical and other means of assessment) as may be prescribed by regulations. ”
8In section 125B(6)(b) (similar provision in relation to disabled instructors), after “cars” insert “ (which may consist of practical and other means of assessment) ”.
9
1 Section 132 (regulations about examinations and tests) is amended as follows.
2 In subsection (1), for “such instruction” substitute “ instruction in the driving of motor cars (or appropriate motor cars) ”.
3 In subsection (2)—
a in paragraph (a) (obligation to provide vehicle)—
i for “to any” substitute “ for any ”,
ii for “such a test of continued ability and fitness” substitute “ any part of such a test of continued ability and fitness which consists of practical assessment ”, and
iii for “the test” substitute “ the practical test or assessment ”,
b in paragraph (b) (fees)—
i after “examination” insert “ , or required to submit himself for such a test, ”, and
ii after “that part” insert “ or such tests, ”, and
c in paragraph (c) (particulars), after “examination” insert “ , or is required to submit himself for such a test ”.

Disabled instructors: emergency control assessments

10In section 133A (assessments of disabled person’s ability to control a motor car in an emergency), after subsection (4) insert—

Review by magistrates’ court of examinations of instructors

11
1 Section 133 (review of examinations) is amended as follows.
2 In subsection (1) (application to magistrates’ court)—
a for “submitted himself for any part of an examination of ability to give instruction in the driving of motor cars” substitute “ undergone a relevant examination, or a part of such an examination ”, and
b for “that part of the examination was properly conducted in accordance with regulations” substitute “ the examination or part was properly conducted ”.
3 In subsection (2) (order for repayment of fees etc.)—
a for “that part of the examination was not so” substitute “ the examination or part was not properly ”, and
b for “that part” substitute “ the examination or part ”.
4 After subsection (3) insert—

Respondent in appeals about instructors

12In section 131 (appeals against decisions of registrar), insert at the end—

I495SCHEDULE 30 

Detention of vehicles used without operator’s licence

Section 262.

The Schedule to be inserted after Schedule 1 to the M256Goods Vehicles (Licensing of Operators) Act 1995 is as follows—

SCHEDULE 31 

Repeals and revocations

Section 274.

I496Part I  Air traffic

(1) Air navigation services
ChapterShort titleExtent of repeal
1982 c. 16.Civil Aviation Act 1982.Section 72.
(2) Charges
ChapterShort titleExtent of repeal
1982 c. 16.Civil Aviation Act 1982.Sections 73 and 74.
In Schedule 4, in paragraph 1(5) the definition of “record”.
In Schedule 13, in Part II the entry relating to section 73.
1983 c. 11.Civil Aviation (Eurocontrol) Act 1983.Section 3(2).
1989 c. 9.Civil Aviation (Air Navigation Charges) Act 1989.The whole Act.

The repeal of section 3(2) of the Civil Aviation (Eurocontrol) Act 1983 does not affect the operation of the words in it from “and that subsection” onwards in relation to any time before the coming into force of the repeal.

(3) Hostilities etc
ChapterShort titleExtent of repeal
1982 c. 16.Civil Aviation Act 1982.In section 6, in subsections (1) and (2), the words from “and in so far” to the end.
Sections 62 and 63.
(4) Land
ChapterShort titleExtent of repeal
1982 c. 16.Civil Aviation Act 1982.In section 43(1) the word “or” after paragraph (a).
In section 44, in subsection (6) the word “and” after paragraph (a) and in subsection (12) the word “and” after paragraph (b).
In section 46(10) the word “and” after paragraph (c).
In section 55(7), in paragraph (a) the word “and” after sub-paragraph (i).
In Schedule 7, in paragraph 5(2) the word “and” after paragraph (a).
(5) Miscellaneous
ChapterShort titleExtent of repeal
1982 c. 16.Civil Aviation Act 1982.In section 21(2)(a) the words “, 63(3) or 72(2)”.

I497Part II  Local transport

ReferenceShort title or titleExtent of repeal or revocation
1965 c. 25.Finance Act 1965.Section 92.
1968 c. 73.Transport Act 1968.Section 9A(1) and (2).
Section 9B.
Section 33.
1974 c. 30.Finance Act 1974.Section 54.
1979 c. 8.Excise Duties (Surcharges or Rebates) Act 1979.In Schedule 1, paragraph 2.
1980 c. 43.Magistrates’ Courts Act 1980.In Schedule 7, paragraph 53.
1981 c. 35.Finance Act 1981.In section 4(2)(b), the words “section 92(2) of the Finance Act 1965 and”.
1983 c. 10.Transport Act 1983.In section 2—
in subsection (3), the words “in a plan prepared by them under section 3 below” and the words “under section 4 below”, and
in subsection (4), the words between “functions” and “shall”.
Sections 3 to 5.
Section 6(1), (2), (5) and (6).
In section 10—
in subsection (1), paragraphs (b) and (c) and, in the words following those paragraphs, the words “to (c)”, and
subsection (3).
1985 c. 51.Local Government Act 1985.In Schedule 12, in paragraph 5, sub-paragraphs (3) and (4) and, in sub-paragraph (5), the words from “except that” to the end.
1985 c. 67.Transport Act 1985.In section 7(4), the word “or” at the end of paragraph (a).
Section 58(3).
In section 63—
in subsection (1), paragraph (b) and the word “and” before it, and
in subsection (3), the words “(1)(b) or” and the words “(1)(a) or”, in paragraph (a), the words “as a local education authority or (as the case may be)” and, in paragraph (b), the words “social services or (as the case may be)”.
In section 64—
in subsection (1), the words following paragraph (b), and
in subsection (2), the words “under section 63(1)(a) or (as the case may be)”.
Section 89(3).
In section 94(4), paragraph (a) and in paragraph (b) the words “after that time,”.
Section 102.
In section 104(2), the word “or” at the end of paragraph (a).
In section 108(1), the words “Wales or”.
Section 109.
Section 110.
Section 111.
Section 112(2).
In Schedule 3, paragraph 31.
S.I. 1986/1385.Transport Act 1985 (Extension of Eligibility for Travel Concessions) Order 1986.In article 1, the definitions of “mental handicap” and “severe mental handicap”.
Article 3.
S.I. 1989/2293.Transport Act 1985 (Extension of Eligibility for Travel Concessions) (Amendment) Order 1989.Article 4.
1996 c. ix.London Local Authorities Act 1996.Part II.
1999 c. 29.Greater London Authority Act 1999.In Schedule 16—
in paragraph 2(1), the words “(persons who have attained pensionable age or whose ability to walk is seriously impaired)”, and
paragraph 7.
2000 c. 38.Transport Act 2000.In section 146(1), in the definition of “eligible service”, paragraph (a) and in paragraph (b) the words “after that time,”.
Section 158.
In Schedule 11, paragraphs 1 and 22.
2000 c. vii.London Local Authorities Act 2000.Section 48.
Schedule 2.

I498Part III  Road user charging and workplace parking levy

ChapterShort titleExtent of repeal
1999 c. 29.Greater London Authority Act 1999.In Schedule 23—
paragraph 4(3)(e),
in paragraph 25(1), paragraph (c) and the word “or” before it, and
in paragraph 38, the words “, exercisable in the same manner, and subject to the same conditions and limitations,”.
In Schedule 24—
in paragraph 1(1), in the definition of “licence”, the words “by the occupier of those premises” and the definition of “occupier”,
paragraph 7(3)(e), and
in paragraph 39, the words “, exercisable in the same manner, and subject to the same conditions and limitations,”.

I499I505Part IV  Railways

ReferenceShort title or titleExtent of repeal or revocation
12, 13 & 14 Geo.6 c. xxix.British Transport Commission Act 1949.In section 53(1), in its application to Scotland, in the definition of “the Boards”, the words “the British Railways Board”.
10 & 11 Eliz.2 c. 46.Transport Act 1962.In section 1, in subsection (1), the words “the British Railways Board (in this Act referred to as the “Railways Board”);” and subsection (3).
Sections 3 to 4A.
In section 12(1), the words “, other than the Railways Board,”.
In section 13, subsection (1A) and subsections (9) to (12).
In section 14(4), the words “, except the Railways Board,”.
In section 18(6), the words “the Railways Board and”.
In section 19(6), the words “the Railways Board and”.
Section 21A.
Section 22.
In section 27, in subsections (2) and (7), the words “(other than the Railways Board)” and, in subsection (8), the words “(other than the Railways Board)” and the words “or section 3 of the Transport Act 1982”.
In section 31, subsection (2) and, in subsection (6), the words “the Railways Board,”.
Section 32(6).
In section 52(2), the words “, as those subsections apply to the Boards”.
In section 54(1), the words “the Railways Board or” (in both places) and the words “, as the case may be,”.
In section 65, in subsection (1), in the definition of “the appropriate Board”, paragraph (b) and, in subsection (4), paragraph (b) and the words “the Railways Board or”.
Section 67.
In the First Schedule, in paragraph 3, the words from “Railways” to “other”.
In the Sixth Schedule, paragraph 1(5).
In the Seventh Schedule, paragraphs 23 and 24.
10 & 11 Eliz.2 c. xlii.British Transport Commission Act 1962.Section 43(1).
1964 c. 40.Harbours Act 1964.In section 30(1)(b), the words “, the British Railways Board or”.
In section 36(a), the words “, the British Railways Board or”.
In section 57(1), in the definition of “the Boards”, the words “the British Railways Board and”.
1966 c. 28.Docks and Harbours Act 1966.Section 47.
1967 c. 13.Parliamentary Commissioner Act 1967.In Schedule 2, the entries relating to—
the Central Rail Users’ Consultative Committee,
the Director of Passenger Rail Franchising,
the Rail Users’ Consultative Committee for Eastern England, the Rail Users’ Consultative Committee for North Eastern England,
the Rail Users’ Consultative Committee for North Western England,
the Rail Users’ Consultative Committee for Scotland,
the Rail Users’ Consultative Committee for Southern England,
the Rail Users’ Consultative Committee for the Midlands,
the Rail Users’ Consultative Committee for Wales, and
the Rail Users’ Consultative Committee for Western England.
1968 c. 73.Transport Act 1968.Section 38.
Section 42.
In section 44(1)(b)(iv), the words “the Railways Board or”.
In section 49(4), the words “the Railways Board and”, the word “each”, paragraph (a), in paragraph (b), the words “in the case of the Waterways Board”, the words “will be so connected by rail or so situated in relation to a railway line or, as the case may be,” and the words “the rail services of the Railways Board can be directly used or, as the case may be,”.
In section 50(1), the words “3(3)(e), 9(2)(c) or”, the words “Railways Board, and”, the word “each” and the words from “; and the said” to the end.
In section 56(2B), the definition of “the Franchising Director”.
In section 135(1)(b), the words “the Railways Board or”.
In section 137(8), the words “the Railways Board,”.
In section 159(1), in the definition of “the Boards”, the words “the British Railways Board,”.
1969 c. 48.Post Office Act 1969.In section 20(1)(c), the words “the British Railways Board and” and the word “other”.
1972 c. 15.Transport (Grants) Act 1972.The whole Act.
1974 c. 48.Railways Act 1974.The whole Act.
1975 c. 24.House of Commons Disqualification Act 1975.In Schedule 1—
in Part II, the entry relating to the British Railways Board, and
in Part III, the entries relating to the Chairman of the Central Rail Users’ Consultative Committee appointed under section 3 of the Railways Act 1993, the Chairman in receipt of remuneration of the London Transport Users’ Committee, the Chairman of a rail users’ consultative committee appointed under section 2 of that Act and the Director of Passenger Rail Franchising.
1975 c. 25.Northern Ireland Assembly Disqualification Act 1975.In Schedule 1, in Part II, the entry relating to the British Railways Board.
1978 c. 55.Transport Act 1978.Section 15(6) and (7).
In section 21, the words “the British Railways Board and”.
In section 24(2), the definition of “BR”.
1980 c. 34.Transport Act 1980.In Schedule 6, paragraph 10.
1981 c. 56.Transport Act 1981.In Schedule 3, in paragraph 31(4), the words “the British Railways Board,”.
In Schedule 4, paragraph 1(3).
1982 c. 6.Transport (Finance) Act 1982.The whole Act.
1983 c. 44.National Audit Act 1983.In Part I of Schedule 4, the entry relating to the British Railways Board.
1985 c. 67.Transport Act 1985.Sections 118 to 124.
In Schedule 7, paragraph 6.
1987 c. 53.Channel Tunnel Act 1987.Section 22.
Section 39.
Section 40.
In section 41—
in subsection (1), the words from “as it applies” to the end,
in subsection (2), the words “or the Railways Board or any subsidiary of theirs”, and
subsection (4).
Section 42.
In Schedule 6, in paragraph 6, the words “or the Railways Board”.
1991 c. 63.British Railways Board (Finance) Act 1991.The whole Act.
1991 c. vii.Heathrow Express Railway Act 1991.In section 41(2), the words “or the Board” and the words “and the Board”.
1992 c. 42.Transport and Works Act 1992.Section 20(3)(a).
1993 c. 43.Railways Act 1993.In section 1—
in subsection (1), paragraph (b) and the word “and” before it and the words “, or (as the case may be) the Franchising Director,”,
in subsection (2), the words “or the Franchising Director”, the words “to either of those offices” and the words “(or for appointment to the other of them)”,
in subsections (3) and (4), the words “or the Franchising Director”,
subsection (5),
in subsection (6), the words “and the Franchising Director”, and
in the sidenote, the words “and the Director of Passenger Rail Franchising”.
In section 4, in subsection (2) the words “the Secretary of State or, as the case may be,” and, in subsection (9), the definition of “through ticket”.
Section 5.
Section 7(10).
Section 8(10).
Section 11(3).
In section 13(7), the words “the Secretary of State and”.
In section 15(1), the words following paragraph (d).
Section 17(11).
In section 18, in subsection (1), the word “or” at the end of paragraph (a) and subsection (11).
In section 19, in subsection (3), the word “or” at the end of paragraph (a) and subsection (13).
In section 20, in subsection (2), the words following paragraph (b) and subsections (9) and (12).
Section 22(6).
Section 25(3) to (9).
Section 27(14) and (15).
In section 29— in subsection (1), paragraph (b) and the preceding “or”, and
subsections (6) and (7).
Section 32.
Section 33.
In section 34—
in subsection (1), the words “as eligible for provision under a franchise agreement”,
in subsection (12), the words “as eligible for provision under franchise agreements”,
in subsection (14), the words “, or is empowered to secure the operation of any additional railway assets,”, in paragraph (a)(ii), the words “of the” and “in question”, in paragraph (b)(ii), the words “of the” and “in question” and paragraph (c) and the word “but” before it,
in subsection (16), the words “pursuant to his power under that section”, and
subsection (23).
In section 35(1), the words “as eligible for provision under a franchise agreement”.
In section 37—
in subsection (9), in the definition of “minor closure”, the words “, in the opinion of the Regulator,”,
in subsection (10), the words “or 44(2)”, and
subsection (11).
Section 38(9).
In section 39—
in subsection (10), in the definition of “minor closure” the words “, in the opinion of the Regulator,” (in both places) and the word “or” at the end of paragraph (a), in subsection (11), the words “or 44(2)” and the words “in pursuance of his power under section 30 above”, and
subsection (12).
Section 40(9).
In section 41—
in subsection (9), in the definition of “minor closure”, the words “, in the opinion of the Regulator,” (in both places),
in subsection (10), the words “or 44(2)” and the words “in pursuance of his power under section 30 above”, and
subsection (11).
Section 42(8).
In section 43, subsection (11) and, in subsection (12), the words following paragraph (d).
Section 44.
In section 46, in subsection (1), the words from “, other than” to the end and subsection (3).
Section 50(1)(b).
Sections 51 to 53.
In section 54(3), in the definition of “franchising functions”, in paragraph (a), the words “, 52 and 53(3)”.
In section 55—
subsection (5)(b) and (c),
in subsection (5A), the words “in relation to a licence holder or person under closure restrictions”,
in subsection (10), in paragraph (a) of the definition of “the appropriate officer”, the words “or a person under closure restrictions,”, and subsection (12).
In section 57(2), paragraph (b) and the word “or” before it.
In section 68(1), paragraph (b) and the word “or” before it.
Section 70.
Section 72(2)(c).
Section 73(2)(c) and (8).
In section 74(2), paragraph (b) and paragraph (d) and the word “and” before it.
In section 75(4), the definition of “first relevant financial year” and the word “and” before it.
In section 76(9), the words from “and in this” to the end.
In section 77, in subsection (8), the words “, after consultation with the Regulator,” and, in subsection (11), the words from “and in this” to the end.
Section 78(1) to (4), (6) and (7).
In section 79(4), the definition of “committee”.
Section 80(6).
In section 83(1)—
the definitions of “the Central Committee” and “consultative committee”, and
in the definition of “closure consent”, the words “or 44”.
Sections 84 to 116.
In section 118—
in subsection (5), the words “given to him” and the words “relating to him”,
in subsection (11), the words “or II”, and
subsection (12).
Sections 126 to 129.
In section 133(1), the words “continue to”.
In section 135—
subsection (5),
in subsection (6), the words from “and subsections (2) and (3)” to the end,
in subsection (8), paragraph (b) and the word “and” before it,
in subsection (9)(b), the words “or in agreements or other arrangements under section 51 or 52 above”, and
subsections (10) and (11).
Section 137.
Section 139.
Section 141.
In section 144(1), the words from “and, without” to “member of the subsidiary;” and the words “33 or”.
Section 150, in subsection (1), paragraphs (d) and (n) and subsection (4).
In section 151(1), the definitions of “the Franchising Director” and “transfer scheme”.
Section 152(2).
In Schedule 1—
the words “or the Franchising Director” (in each place),
the words “and the Franchising Director” (in each place, including the heading),
paragraph 1(4),
in paragraph 2(1), the word “each” and the words “, or (as the case may be) the Franchising Director,”,
in the heading before paragraph 3, the words “,the Franchising Director” and the word “their”,
in paragraph 4, the word “each”,
in paragraph 5, the words “or, as the case may be, the Franchising Director” (in both places),
in paragraph 6, the word “each” and the words “, the Franchising Director” (in both places),
paragraph 7(a), and
paragraph 8(a).
In Schedule 2—
paragraph 1,
in paragraph 2, the words “, with the approval of the Treasury,”,
paragraph 3,
in paragraph 7(1), the words “, with the approval of the Regulator”,
in paragraph 8(1), the word “, 3”, and
paragraphs 9 and 10.
In Schedule 3—
paragraph 1,
in paragraph 2, the words “, with the approval of the Treasury,”,
paragraph 3,
in paragraph 7(1), the words “, with the approval of the Regulator”,
in paragraph 8(1), the word “, 3”, and
paragraph 9.
In Schedule 4, paragraph 7.
In Schedule 7, in paragraph 2(7), the words “on him” and, in paragraph 7, sub-paragraph (3) and, in sub-paragraph (4), the words “(except those specified in sub-paragraph (3) above)”.
Schedule 8.
Schedule 9.
In Schedule 11—
in paragraph 1(4), the words “or II”,
in paragraph 10(6)(b), the words “of the Board” (in both places), and
in paragraph 11(10), in the definition of “relevant employer”, the word “or” at the end of paragraph (b) and, in paragraph (c), the words “, other than a company which is wholly owned by the Franchising Director”.
In Schedule 12, paragraphs 5, 6(2) to (5), (6)(a) and (7) and 32.
Schedule 13.
S.I. 1994/1432.Railway Pensions (Protection and Designation of Schemes) Order 1994.In article 9(2), the words “, except to the extent specified in paragraph (3),” and the word “relevant” (in both places).
Article 13.
Article 14.
S.I. 1994/1649.Railways Act 1993 (Consequential Modifications) (No.2) Order 1994.The whole order.
1996 c. 18.Employment Rights Act 1996.In Schedule 1, paragraph 60(2).
F728. . .F728. . .F728. . .
1998 c. 41.Competition Act 1998.In Schedule 10, paragraph 15(7)(a).
1999 c. 29.Greater London Authority Act 1999.Section 175(4).
In section 199(1), the words “, notwithstanding anything in subsection (10) of that section” and the words “, notwithstanding anything in subsection (9) of that section”.
Section 235(6).
In section 240(8), the definition of “the Franchising Director”.
In Schedule 18, paragraph 17.
In Schedule 19, paragraphs 1, 3, 4 and 5(5) and (6).
S.I. 1999/277.Parliamentary Commissioner Order 1999.In Article 2, the entries relating to—
the Central Rail Users’ Consultative Committee,
the Rail Users’ Consultative Committee for Eastern England,
the Rail Users’ Consultative Committee for North Eastern England,
the Rail Users’ Consultative Committee for North Western England,
the Rail Users’ Consultative Committee for Scotland,
the Rail Users’ Consultative Committee for Southern England,
the Rail Users’ Consultative Committee for the Midlands,
the Rail Users’ Consultative Committee for Wales, and
the Rail Users’ Consultative Committee for Western England.
S.I. 1999/1750.Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999.In Schedule 2, in the entry relating to the Railways Act 1993, paragraphs (b) and (c).
2000 c. 36.Freedom of Information Act 2000.In Schedule 1, in Part VI, the entry relating to the British Railways Board.

I500Part V  Miscellaneous

(1) Driver training and driving instructors
ChapterShort titleExtent of repeal
1988 c. 52.Road Traffic Act 1988.Section 89(2A) and (5A).
In section 97—
in subsection (3), paragraph (e) and the word “and” before it, and
subsections (3A) and (3B).
In section 98(3), paragraph (c) and the word “or” before it.
In section 108(1), the definitions of “approved training course for motor cyclists” and “prescribed certificate of completion”.
In section 130—
in subsection (3), the words “under this section”, and
in subsection (5), the words “granted under this section”.
Section 131(5).
Schedule 3.
1989 c. 22.Road Traffic (Driver Licensing and Information Systems) Act 1989.Section 6.
In Schedule 3—
in paragraph 11(c), sub-paragraph (ii) and the word “and” before it,
in paragraph 15, sub-paragraph (g) and the word “and” before it, and
in paragraph 18, sub-paragraphs (b) and (d).
(2) Other provisions
ChapterShort titleExtent of repeal
1984 c. 27.Road Traffic Regulation Act 1984.In section 26(1), the words “during periods between the hours of eight in the morning and half-past five in the afternoon when children are so on their way,”.
In section 28—
in subsection (1), the words “between the hours of eight in the morning and half-past five in the afternoon”, and
in subsection (5), paragraph (c) and the word “and” before it.
1985 c. 67.Transport Act 1985.In Schedule 7, paragraph 21(10).
1991 c. 22.New Roads and Street Works Act 1991.In section 74(4), the words “if he does so”.
1993 c. 43.Railways Act 1993.Section 140.

Footnotes

  1. I1
    S. 1 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. 1 (subject to the transitional provision and saving in Sch. 2 Pt. II)
  2. I2
    S. 2 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  3. M1
    1982 c. 16.
  4. I3
    S. 4 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  5. I4
    S. 5 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  6. I5
    S. 6 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  7. M2
    1982 c. 16.
  8. I6
    S. 7 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  9. I7
    S. 8 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  10. M3
    1982 c. 16.
  11. I8
    S. 9 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  12. I9
    S. 10 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  13. I10
    S. 19 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  14. I11
    S. 26 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  15. M4
    1986 c. 45.
  16. I12
    S. 27 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  17. I13
    S. 28 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  18. I14
    S. 29 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  19. I15
    S. 30 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  20. I16
    S. 31 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  21. I17
    S. 32 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  22. I18
    S. 33 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  23. I19
    S. 34 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  24. I20
    S. 35 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  25. M5
    1982 c. 16.
  26. I21
    S. 38 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  27. I22
    S. 39 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  28. I23
    S. 40 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  29. M6
    1982 c. 16.
  30. I24
    S. 41 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  31. I25
    S. 42 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  32. I26
    S. 43 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  33. I27
    S. 44 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  34. I28
    S. 45 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  35. I29
    S. 46 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  36. I30
    S. 47 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  37. I31
    S. 48 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  38. M7
    1982 c. 16.
  39. M8
    1982 c. 16.
  40. I32
    S. 49 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  41. I33
    S. 50 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  42. I34
    S. 51 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  43. I35
    S. 52 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  44. I36
    S. 53 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  45. I37
    S. 54 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  46. I38
    S. 55 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  47. M9
    1986 c. 60.
  48. M10
    1961 c. 62.
  49. I39
    S. 56 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  50. I40
    S. 57 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  51. I41
    S. 58 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  52. I42
    S. 59 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  53. I43
    S. 60 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  54. I44
    S. 61 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  55. I45
    S. 62 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  56. I46
    S. 63 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  57. I47
    S. 64 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  58. M11
    1986 c. 60.
  59. I48
    S. 66 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  60. M12
    1982 c. 16.
  61. I49
    S. 67 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  62. I50
    S. 68 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  63. I51
    S. 69 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  64. M13
    1982 c. 16.
  65. M14
    1982 c. 16.
  66. I52
    S. 70 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  67. M15
    1982 c. 16.
  68. I53
    S. 71 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  69. I54
    S. 72 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  70. I55
    S. 73 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  71. I56
    S. 74 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  72. I57
    S. 75 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  73. I58
    S. 76 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  74. I59
    S. 77 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  75. F1
    Words in s. 77(3)(a) added (1.4.2001) by S.I. 2001/492, art. 2(2)
  76. F2
    S. 77(3A) inserted (1.4.2001) by S.I. 2001/492, art. 2(3)
  77. I60
    S. 78 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  78. I61
    S. 79 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  79. I62
    S. 80 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  80. I63
    S. 81 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  81. M16
    1982 c. 16.
  82. I64
    S. 82 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  83. M17
    1982 c. 16.
  84. M18
    1982 c. 16.
  85. I65
    S. 83 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  86. M19
    1982 c. 16.
  87. I66
    S. 84 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  88. M20
    1982 c. 16.
  89. M21
    1982 c. 16.
  90. I67
    S. 85 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  91. M22
    1998 c. 41.
  92. I68
    S. 86 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  93. I69
    S. 87 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  94. M23
    1982 c. 16.
  95. I70
    S. 88 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  96. I71
    S. 89 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  97. I72
    S. 90 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  98. M24
    1982 c. 16.
  99. I73
    S. 91 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  100. I74
    S. 92 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  101. I75
    S. 93 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  102. I76
    S. 94 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  103. I77
    S. 95 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  104. M25
    1982 c. 16.
  105. I78
    S. 96 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  106. M26
    1988 c. 1.
  107. M27
    1993 c. 48.
  108. I79
    S. 97 wholly in force; s. 97 not in force at Royal Assent see s. 275(1)(2); s. 97 in force for specified purposes by S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II); s. 97 in force in so far as not already in force 1.4.2001 by S.I. 2001/869, art. 2
  109. I80
    S. 98 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  110. I81
    S. 99 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  111. I82
    S. 100 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  112. M28
    1978 c. 30.
  113. M29
    1978 c. 30.
  114. I83
    S. 101 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  115. I84
    S. 102 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  116. I85
    S. 103 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  117. I86
    S. 104 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  118. I87
    S. 105 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  119. M30
    1998 c. 41.
  120. M31
    1986 c. 45.
  121. M32
    S.I. 1989/2405 (N.I. 19).
  122. M33
    1998 c. 41.
  123. I88
    S. 106 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  124. M34
    1947 c. 44.
  125. I89
    S. 107 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  126. I90
    S. 108 wholly in force at 1.8.2001; s. 108 not in force at Royal Assent see s. 275(1)(2); s. 108 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 108 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1
  127. I91
    S. 109 wholly in force at 1.8.2001; s. 109 not in force at Royal Assent see s. 275(1)(2); s. 109 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 109 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1
  128. I92
    S. 112 wholly in force at 1.8.2001; s. 112 not in force at Royal Assent see s. 275(1)(2); s. 112 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 112 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1
  129. I93
    S. 113 wholly in force at 1.8.2001; s. 113 not in force at Royal Assent see s. 275(1)(2); s. 113 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. 1 (subject to the savings in Sch. 3 Pt. 2); s. 113 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1
  130. I94
    S. 114 wholly in force at 26.10.2001; s. 114 not in force at Royal Assent see s. 275(1)(2); s. 114 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 114 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  131. M35
    1984 c. 27.
  132. I95
    S. 115 wholly in force at 26.10.2001; s. 115 not in force at Royal Assent see s. 275(1)(2); s. 115 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 115 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  133. C1
    S. 115 applied (with modifications) (E.) (26.10.2001) by S.I. 2001/3317, reg. 5
    S. 115 applied (with modifications) (W.) (20.12.2002) by S.I. 2002/3017, reg. 5
  134. I96
    S. 116 wholly in force at 26.10.2001; s. 116 not in force at Royal Assent see s. 275(1)(2); s. 116 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 116 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  135. I97
    S. 118 wholly in force at 26.10.2001; s. 118 not in force at Royal Assent see s. 275(1)(2); s. 118 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 118 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  136. M36
    1985 c. 67.
  137. I98
    S. 119 wholly in force at 1.8.2001; s. 119 not in force at Royal Assent see s. 275(1)(2); s. 119 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 119 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1
  138. I99
    S. 120 wholly in force at 26.10.2001; s. 120 not in force at Royal Assent see s. 275(1)(2); s. 120 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 120 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  139. I100
    S. 121 wholly in force at 26.10.2001; s. 121 not in force at Royal Assent see s. 275(1)(2); s. 121 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 121 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  140. M37
    1984 c. 27.
  141. I101
    S. 122 wholly in force at 26.10.2001; s. 122 not in force at Royal Assent see s. 275(1)(2); s. 122 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 122 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  142. I102
    S. 123 wholly in force at 26.10.2001; s. 123 not in force at Royal Assent see s. 275(1)(2); s. 123 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 123 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  143. I103
    S. 124 partly in force; s. 124 not in force at Royal Assent see s. 275(1)(2); s. 124 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 3; s. 124 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  144. M38
    1985 c. 67.
  145. I104
    S. 125 partly in force; s. 125 not in force at Royal Assent see s. 275(1)(2); s. 125 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 3; s. 125 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  146. I105
    S. 126 partly in force; s. 126 not in force at Royal Assent see s. 275(1)(2); s. 126 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 3; s. 126 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  147. I106
    S. 127 partly in force; s. 127 not in force at Royal Assent see s. 275(1)(2); s. 127 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 3; s. 127 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  148. I107
    S. 128 partly in force; s. 128 not in force at Royal Assent see s. 275(1)(2); s. 128(4) wholly in force and s. 128(1)-(3)(5) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 2, 3; s. 128 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  149. I108
    S. 129 partly in force; s. 129 not in force at Royal Assent see s. 275(1)(2); s. 129 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 3; s. 129 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  150. M39
    1985 c. 67.
  151. M40
    1985 c. 67.
  152. I109
    S. 130 partly in force; s. 130 not in force at Royal Assent see s. 275(1)(2); s. 130(8) wholly in force and s. 130(1)-(7) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 2, 3; s. 130 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  153. M41
    1985 c. 67.
  154. I110
    S. 131 partly in force; s. 131 not in force at Royal Assent see s. 275(1)(2); s. 131(2)(3)(4) wholly in force and s. 131(1)(5) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 2, 3; s. 131 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  155. I111
    S. 132 partly in force; s. 132 not in force at Royal Assent see s. 275(1)(2); s. 132(6) wholly in force and s. 132(1)-(5) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 2, 3; s. 132 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  156. I112
    S. 133 wholly in force at 26.10.2001; s. 133 not in force at Royal Assent see s. 275(1)(2); s. 133 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 2; s. 133 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  157. I113
    S. 134 wholly in force at 26.10.2001; s. 134 not in force at Royal Assent see s. 275(1)(2); s. 134 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 2; s. 134 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  158. M42
    1985 c. 67.
  159. I114
    S. 135 wholly in force at 1.8.2001; s. 135 not in force at Royal Assent see s. 275(1)(2); s. 135 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 135 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4
  160. I115
    S. 136 wholly in force at 1.8.2001; s. 136 not in force at Royal Assent see s. 275(1)(2); s. 136 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 136 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4
  161. I116
    S. 137 wholly in force at 1.8.2001; s. 137 not in force at Royal Assent see s. 275(1)(2); s. 137 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 137 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4
  162. I117
    S. 138 wholly in force at 1.8.2001; s. 138 not in force at Royal Assent see s. 275(1)(2); s. 138 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 138 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4
  163. I118
    S. 139 wholly in force at 1.8.2001; s. 139 not in force at Royal Assent see s. 275(1)(2); s. 139 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 139 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4
  164. I119
    S. 140 wholly in force at 1.8.2001; s. 140 not in force at Royal Assent see s. 275(1)(2); s. 140 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 140 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4
  165. I120
    S. 141 wholly in force at 1.8.2001; s. 141 not in force at Royal Assent see s. 275(1)(2); s. 141 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 141 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4
  166. I121
    S. 142 wholly in force at 1.8.2001; s. 142 not in force at Royal Assent see s. 275(1)(2); s. 142 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 142 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4
  167. M43
    1985 c. 67.
  168. I122
    S. 143 wholly in force at 1.8.2001; s. 143 not in force at Royal Assent see s. 275(1)(2); s. 143 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 143 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4
  169. C2
    S. 143(5)(b): Disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. I para. 53(1)
  170. M44
    1985 c. 67.
  171. I123
    S. 146 wholly in force at 1.8.2001; s. 146 not in force at Royal Assent see s. 275(1)(2); s. 146 in force (E.) (1.1.2001 and 1.2.2001 for specified purposes otherwise 1.6.2001) by S.I. 2000/3229, art. 2, Sch. Pts. I, IV; s. 146 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 6
  172. M45
    1988 c. 52.
  173. F3
    Words in s. 146(1) repealed (1.5.2002 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2002/1014, art. 2(1), Sch. Pt. 1 (with transitional provisions in art. 3); S.I. 2002/2024, art. 2(b)
  174. M46
    1971 c. 80.
  175. I124
    S. 147 wholly in force at 1.8.2001; s. 147 not in force at Royal Assent see s. 275(1)(2); s. 147 in force (E.) (1.6.2001) by S.I. 2000/3229, art. 2, Sch. Pt. IV; s. 147 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 6
  176. M47
    1985 c. 67.
  177. I125
    S. 148 wholly in force at 1.8.2001; s. 148 not in force at Royal Assent see s. 275(1)(2); s. 148 in force (E.)(1.6.2001) by S.I. 2000/3229, art. 2, Sch. Pt. IV; s. 148 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 6
  178. I126
    S. 149 wholly in force at 1.8.2001; s. 149 not in force at Royal Assent see s. 275(1)(2); s. 149(1)(2) in force (E.) (1.1.2001 for specified purposes otherwise 1.6.2001), s. 149(3) in force (E.)(1.1.2001) by S.I. 2000/3229, art. 2, Sch. Pts. I, IV; s. 149 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 6
  179. I127
    S. 150 wholly in force at 1.8.2001; s. 150 not in force at Royal Assent see s. 275(1)(2); s. 150 in force (E.)(1.1.2001) by S.I. 2000/3229, art. 2, Sch. Pt. I; s. 150 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 6
  180. I128
    S. 151 partly in force; s. 151 not in force at Royal Assent see s. 275; s. 151 in force (1.4.2001) by S.I. 2000/3229, art. 2, Sch. Pt. III
  181. M48
    1999 c. 29.
  182. M49
    1988 c. 52.
  183. I129
    S. 152 wholly in force at 1.8.2001; s. 152 not in force at Royal Assent see s. 275(1)(2); s. 152 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 152 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 7
  184. M50
    1985 c. 67.
  185. I130
    S. 153 partly in force; s. 153 not in force at Royal Assent see s. 275(1)(2); s. 153 in force for specified purposes (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 153 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8; s. 153 in force in so far as it is not already in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  186. I131
    S. 154 wholly in force at 14.8.2002; s. 154 not in force at Royal Assent see s. 275(1)(2); s. 154(1)-(5) in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. 1 (subject to the savings in Sch. 3 Pt. 2); s. 154(1)-(5) in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 9; s. 154(6) in force (E.) at 1.5.2002 by S.I. 2002/1014, art. 2, Sch. Pt. 1 (with transitional provisions in art. 3); s. 154(6) in force (W.) at 14.8.2002 by S.I. 2002/2024, art. 2(a)
  187. M51
    1965 c. 25.
  188. M52
    1985 c. 67.
  189. I132
    S. 155 wholly in force at 1.5.2002; s. 155 not in force at Royal Assent see s. 275(1)(2); s. 155 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 10; s. 155 in force (E.) at 1.5.2002 by S.I. 2002/1014, art. 2, Sch. Pt. 1 (with transitional provisions in art. 3)
  190. M53
    1985 c. 67.
  191. I133
    S. 157 wholly in force at 1.8.2001; s. 157 not in force at Royal Assent see s. 275(1)(2); s. 157 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 157 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 10
  192. I134
    S. 158 wholly in force at 1.8.2001; s. 158 not in force at Royal Assent see s. 275(1)(2); s. 158 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 158 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 10
  193. M54
    1985 c. 67.
  194. M55
    1965 c. 25.
  195. I135
    S. 159 wholly in force at 1.8.2001; s. 159 not in force at Royal Assent see s. 275(1)(2); s. 159 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 159 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 10
  196. M56
    1983 c. 10.
  197. I136
    S. 160 wholly in force at 1.8.2001; s. 160 not in force at Royal Assent see s. 275(1)(2); s. 160 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 160 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 10
  198. I137
    S. 161 partly in force; s. 161 not in force at Royal Assent see s. 275(1)(2); s. 161 in force (1.4.2001 and 1.6.2001 for specified purposes) by S.I. 2000/3229, art. 2, Sch. Pts. III, IV; s. 161 in force for further specified purposes (E.) (1.2.2001) by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 161 in force for further specified purposes (E.) (20.2.2001) by S.I. 2001/242, art. 2; s. 161 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; s. 161 in force for specified purposes (W.) at 1.4.2002 by S.I. 2001/2788, art. 3, Sch. 2 para. 2; s. 161 in force for further specified purposes (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  199. I138
    S. 162 wholly in force at 1.8.2001; s. 162 not in force at Royal Assent see s. 275(1)(2); s. 162(1) in force (E.) (1.2.2001 and 1.2.2001) for specified purposes; s. 162(2) in force (E.) (1.6.2001) for specified purposes; s. 162(3) in force (E.) (1.1.2001 and 1.6.2001) for specified purposes; s. 162(5) in force (E.) (1.1.2001) by S.I. 2000/3229, art. 2, Sch. Pts. I, II, IV; s. 162 in force (E.) (1.2.2001) except in so far as it is brought into force by S.I. 2000/3229 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 162 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 12
  200. M57
    1985 c. 67.
  201. M58
    1992 c. 42.
  202. M59
    1984 c. 27.
  203. M60
    1981 c. 14.
  204. M61
    1985 c. 67.
  205. M62
    1968 c. 73.
  206. M63
    1985 c. 67.
  207. I139
    S. 163 partly in force; s. 163 not in force at Royal Assent see s. 275(1)(2); s. 163 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 163(2)(b) wholly in force and s. 163(1)(2)(a)(c)(d)(5)(6) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 13, 14
  208. M64
    1999 c. 29.
  209. I140
    S. 164 partly in force; s. 164 not in force at Royal Assent see s. 275(1)(2); s. 164 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 164 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 14
  210. I141
    S. 165 partly in force; s. 165 not in force at Royal Assent see s. 275(1)(2); s. 165 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 165 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 14
  211. I142
    S. 166 partly in force; s. 166 not in force at Royal Assent see s. 275(1)(2); s. 166 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  212. M65
    1999 c. 29.
  213. M66
    1999 c. 29.
  214. I143
    S. 167 partly in force; s. 167 not in force at Royal Assent see s. 275(1)(2); s. 167 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 167 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 14
  215. M67
    1999 c. 29.
  216. I144
    S. 168 partly in force; s. 168 not in force at Royal Assent see s. 275(1)(2); s. 168 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 168(3) in force and s. 168(1)(2)(4) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 13, 14
  217. I145
    S. 169 partly in force; s. 169 not in force at Royal Assent see s. 275(1)(2); s. 169 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 169 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 14
  218. I146
    S. 170 partly in force; s. 170 not in force at Royal Assent see s. 275(1)(2); s. 170 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 170 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 14
  219. M68
    1972 c. 70.
  220. I147
    S. 171 partly in force; s. 171 not in force at Royal Assent see s. 275(1)(2); s. 171 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 171 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 14
  221. I148
    S. 172 partly in force; s. 172 not in force at Royal Assent see s. 275(1)(2); s. 172 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 172(1) in force and s. 172(2)-(4) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 13, 14
  222. I149
    S. 173 partly in force; s. 173 not in force at Royal Assent see s. 275(1)(2); s. 173 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 173(1)-(4) wholly in force and s. 173(5)-(9) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 13, 14
  223. I150
    S. 174 partly in force; s. 174 not in force at Royal Assent see s. 275(1)(2); s. 174 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. 1 (subject to the savings in Sch. 3 Pt. 2); s. 174(1)(2)(5) wholly in force and s. 174(3)(4)(6) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 13, 14
  224. I151
    S. 175 partly in force; s. 175 not in force at Royal Assent see s. 275(1)(2); s. 175 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. 1 (subject to the savings in Sch. 3 Pt. 2); s. 175(1) wholly in force and s. 175(2)-(8) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 13, 14
  225. M69
    1984 c. 27.
  226. I152
    S. 176 partly in force; s. 176 not in force at Royal Assent see s. 275(1)(2); s. 176 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. 1 (subject to the savings in Sch. 3 Pt. 2); s. 176(2) wholly in force and s. 176(1)(3) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 13, 14
  227. I153
    S. 177 partly in force; s. 177 not in force at Royal Assent see s. 275(1)(2); s. 177 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 177 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 14
  228. M70
    1984 c. 27.
  229. I154
    S. 178 partly in force; s. 178 not in force at Royal Assent see s. 275(1)(2); s. 178 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 178(2)(b) in force and s. 178(1)(2)(a)(3)-(7) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 15, 16
  230. M71
    1999 c. 29.
  231. I155
    S. 179 partly in force; s. 179 not in force at Royal Assent see s. 275(1)(2); s. 179 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 179 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 16
  232. I156
    S. 180 partly in force; s. 180 not in force at Royal Assent see s. 275(1)(2); s. 180 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 180 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 16
  233. I157
    S. 181 partly in force; s. 181 not in force at Royal Assent see s. 275(1)(2); s. 181 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  234. M72
    1999 c. 29.
  235. M73
    1999 c. 29.
  236. I158
    S. 182 partly in force; s. 182 not in force at Royal Assent see s. 275(1)(2); s. 182 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 182(5) wholly in force and s. 182(1)-(4) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 15, 16
  237. I159
    S. 183 partly in force; s. 183 not in force at Royal Assent see s. 275(1)(2); s. 183 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 183(3) wholly in force and s. 183(1)(2)(4) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 15, 16
  238. I160
    S. 184 partly in force; s. 184 not in force at Royal Assent see s. 275(1)(2); s. 184 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 184 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 16
  239. I161
    S. 185 partly in force; s. 185 not in force at Royal Assent see s. 275(1)(2); s. 185 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 185 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 16
  240. M74
    1972 c. 70.
  241. I162
    S. 186 partly in force; s. 186 not in force at Royal Assent see s. 275(1)(2); s. 186 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 186 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 16
  242. I163
    S. 187 partly in force; s. 187 not in force at Royal Assent see s. 275(1)(2); s. 187 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 187(1) wholly in force and s. 187(2)-(4) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 15, 16
  243. M75
    1999 c. 29.
  244. I164
    S. 188 partly in force; s. 188 not in force at Royal Assent see s. 275(1)(2); s. 188 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 188 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 16
  245. I165
    S. 189 partly in force; s. 189 not in force at Royal Assent see s. 275(1)(2); s. 189 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 189(1)(2)(3)(b)(4) wholly in force and s. 189(3)(a) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1, paras. 15, 16
  246. I166
    S. 190 partly in force; s. 190 not in force at Royal Assent see s. 275(1)(2); s. 190 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 190 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 16
  247. M76
    1990 c. 8.
  248. I167
    S. 191 partly in force; s. 191 not in force at Royal Assent see s. 275(1)(2); s. 191 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  249. I168
    S. 192 wholly in force at 1.8.2001; s. 192 not in force at Royal Assent see s. 275(1)(2); s. 192 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II; s. 192 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
  250. I169
    S. 193 wholly in force at 1.8.2001; s. 193 not in force at Royal Assent see s. 275(1)(2); s. 193 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 193 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
  251. I170
    S. 194 wholly in force at 1.8.2001; s. 194 not in force at Royal Assent see s. 275(1)(2); s. 194 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 194 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
  252. I171
    S. 195 wholly in force at 1.8.2001; s. 195 not in force at Royal Assent see s. 275(1)(2); s. 195 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 195 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
  253. I172
    S. 196 wholly in force at 1.8.2001; s. 196 not in force at Royal Assent see s. 275(1)(2); s. 196 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 196 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
  254. M77
    1984 c. 27.
  255. M78
    1947 c. 44.
  256. I173
    S. 197 wholly in force at 1.8.2001; s. 197 not in force at Royal Assent see s. 275(1)(2); s. 197 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 197 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
  257. I174
    S. 198 wholly in force at 1.8.2001; s. 198 not in force at Royal Assent see s. 275(1)(2); s. 198 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 198 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
  258. M79
    1984 c. 27.
  259. M80
    1988 c. 52.
  260. M81
    1994 c. 22.
  261. M82
    1984 c. 27.
  262. I175
    S. 199 partly in force; s. 199 not in force at Royal Assent see s. 275(1)(2); s. 199 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  263. M83
    1999 c. 29.
  264. I176
    S. 200 wholly in force at 1.8.2001; s. 200 not in force at Royal Assent see s. 275(1)(2); s. 200 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 200 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17
  265. M84
    1988 c. 41.
  266. M85
    1999 c. 29.
  267. I177
    S. 212 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  268. M86
    1993 c. 43.
  269. I178
    S. 215 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  270. M87
    1996 c. 18.
  271. I179
    S. 216 wholly in force at 1.2.2001; s. 216 not in force at Royal Assent see s. 275(1)(2); s. 216 in force (30.1.2001) for certain purposes by S.I. 2001/57, art. 2, Sch. 1; s. 216 in force (1.2.2001) in so far as it is not already in force by S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch, 2 Pt. II)
  272. I180
    S. 217 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  273. M88
    1993 c. 43.
  274. I181
    S. 224 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  275. M89
    1993 c. 43.
  276. I182
    S. 225 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  277. M90
    1993 c. 43.
  278. M91
    1998 c. 41.
  279. M92
    1998 c. 41.
  280. M93
    1838 c. 110.
  281. M94
    1838 c. 110.
  282. I183
    S. 226 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  283. M95
    1993 c. 43.
  284. I184
    S. 227 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  285. M96
    1993 c. 43.
  286. I185
    S. 229 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  287. I186
    S. 230 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  288. M97
    1993 c. 43.
  289. M98
    1993 c. 43.
  290. I187
    S. 232 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  291. M99
    1993 c. 43.
  292. I188
    S. 233 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  293. M100
    1993 c. 43.
  294. I189
    S. 240 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  295. M101
    1993 c. 43.
  296. I190
    S. 242 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  297. M102
    1998 c. 41.
  298. I191
    S. 243 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  299. M103
    1993 c. 43.
  300. I192
    S. 244 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  301. M104
    1971 c. 56.
  302. M105
    1975 c. 60.
  303. I193
    S.245 wholly in force at 1.2.2001: S.245(1)(3)-(5) in force retrospectively at 10.05.2000; S.245(2)(8) so far as relating to (3)-(5) in force retrospectively at 10.05.2000, otherwise S. 245 not in force, see S.275(5). S. 245 in force at 1.2.2001 in so far as not already in force by S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)
  304. M106
    1993 c. 43.
  305. M107
    S.I. 1994/1432.
  306. M108
    1993 c. 43.
  307. I194
    S. 246 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  308. M109
    1993 c. 43.
  309. I195
    S. 247 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  310. I196
    S. 252 partly in force; S.252 not in force at Royal Assent see. S. 275(1)(2); s. 252 in force (15.1.2001 for specified purposes) by S.I. 2000/3376, art. 2; s. 252 in force at 1.2.2001 for further specified purposes by S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  311. I197
    S. 255 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  312. M110
    1991 c. 22.
  313. M111
    1991 c. 22.
  314. M112
    S.I. 1999/672.
  315. I198
    S. 256 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  316. M113
    1991 c. 22.
  317. I199
    S. 257 wholly in force at 1.5.2002; s. 257 not in force at Royal Assent, see s. 275(1)(2); s. 257 in force at 1.5.2002 by S.I. 2002/1014, art. 2(2), Sch. Pt. 2 (with transitional provisions in art. 3)
  318. M114
    1988 c. 52.
  319. M115
    1988 c. 52.
  320. M116
    1988 c. 52.
  321. I200
    S. 260 partly in force; s. 260 not in force at Royal Assent see s. 275; s. 260 in force for certain purposes at 1.4.2002 by S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with transitional provision in art. 3)
  322. I201
    S. 261 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  323. M117
    1995 c. 23.
  324. I202
    S. 262 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  325. M118
    1995 c. 23.
  326. M119
    1995 c. 23.
  327. I203
    S. 264 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  328. M120
    1988 c. 52.
  329. M121
    1981 c. 14.
  330. M122
    1976 c. 57.
  331. M123
    1998 c. 34.
  332. M124
    1994 c. 33.
  333. I204
    S. 266 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  334. M125
    1968 c. 73.
  335. M126
    1988 c. 52.
  336. M127
    1994 c. 22.
  337. I205
    S. 267 wholly in force; s. 267 not in force at Royal Assent see s. 275(1)(2); s. 267(1)(3)(5)(8) for specified purposes (E.) (1.2.2001) by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 267 in force in so far as not already in force at 1.4.2002 by S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with transitional provision in art. 3)
  338. M128
    1999 c. 29.
  339. I206
    S. 268 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  340. M129
    1988 c. 52.
  341. M130
    1984 c. 27.
  342. M131
    1984 c. 27.
  343. M132
    1984 c. 27.
  344. I207
    S. 271 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  345. M133
    1984 c. 27.
  346. I208
    S. 272 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  347. M134
    1998 c. 46.
  348. I209
    S. 273 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  349. I210
    S. 274 not in force at Royal Assent see s. 275(1)(2); s. 274 in force (1.4.2001 and 1.6.2001 for specified purposes) by S.I. 2000/3229, art. 2, Pts. III, IV; s. 274 in force (15.1.2001 for specified purposes) by S.I. 2000/3376, art. 2; s. 274 in force at 1.2.2001 for further specified purposes by S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II); s. 274 in force (E.) at 1.2.2001 for further specified purposes by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 274 in force at 1.4.2001 for further specified purposes by S.I. 2001/869, art. 2; s. 274 in force for specified purposes (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.; s. 274 in force for certain purposes at 1.4.2002 by S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with transitional provision in art. 3) (as substituted by S.I. 2002/846, art. 2); s. 274 in force (E.) for certain purposes at 1.5.2002 by S.I. 2002/1014, art. 2, Sch. Pt. 1 (with transitional provisions in art. 3); s. 274 in force for certain purposes (W.) at 14.8.2002 by S.I. 2002/2024, art. 2(b)
  350. P1
    S. 275(1)(2)(3) power partly exercised: different dates appointed for specified provisions by S.I. 2000/3229, art. 2, S.I. 2000/3376, art. 2
  351. P2
    S. 275(1)(2) power partly exercised: different days appointed for specified purposes by S.I. 2001/57, arts. 2, 3, Schs. 1, 2 Pt. I, 3 Pt. I (subject to the transitional provision and savings in Sch. 2 Pt. II, 3 Pt. II
    S. 275(1)(2) power partly exercised: different dates appointed for specified purposes by S.I. 2001/1498, arts. 2, 3
    S. 275(1)(2) power partly exercised: 1.4.2002 appointed for specified purposes by S.I. 2002/658, art. 2, Sch. (with transitional provisions in art. 3)
    S. 275(1)(2) power partly exercised: 1.5.2002 appointed for specified provisions by S.I. 2002/1014, art. 2, Sch. (with transitional provisions in art. 3)
  352. P3
    S. 275(1) power partly exercised: 20.2.2001 appointed for specified purposes by S.I. 2001/242, art. 2
    S. 275(1) power partly exercised: 26.10.2001 appointed for specified purposes by S.I. 2001/3342, art. 2
    S. 275(1) power partly exercised: 27.3.2002 appointed for specified purpose by S.I. 2002/846, art. 2
  353. P4
    S. 275(2) power partly exercised: 14.8.2002 appointed for specified purposes by S.I. 2002/2024, art. 2
  354. P5
    S. 276 power partly exercised: different dates appointed for specified provisions by S.I. 2000/3229, art. 2
    S. 276 power partly exercised: 1.4.2002 appointed for specified purposes and provisions by S.I. 2002/658, art. 2, Sch. (with transitional provisions in art. 3)
    S. 276 power partly exercised: 1.5.2002 appointed for specified provisions by S.I. 2002/1014, art. 2, Sch. (with transitional provisions in art. 3)
  355. M135
    1978 c. 30.
  356. I211
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  357. I212
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  358. I213
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  359. I214
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  360. I215
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  361. I216
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  362. I217
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  363. I218
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  364. I219
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  365. I220
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  366. I221
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  367. I222
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  368. I223
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  369. I224
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  370. I225
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  371. I226
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  372. I227
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  373. I228
    Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  374. I229
    Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  375. I230
    Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  376. I231
    Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  377. I232
    Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  378. I233
    Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  379. I234
    Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  380. I235
    Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  381. I236
    Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  382. M136
    1925 c. 20.
  383. M137
    1979 c. 33.
  384. M138
    1881 c. 41.
  385. M139
    1925 c. 20.
  386. I237
    Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  387. I238
    Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  388. I239
    Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  389. I240
    Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  390. I241
    Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  391. I242
    Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  392. I243
    Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  393. M140
    1986 c. 45.
  394. M141
    S.I. 1989/2405 (N.I. 19).
  395. I244
    Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  396. I245
    Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  397. I246
    Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  398. I247
    Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  399. M142
    S.I. 1989/2405 (N.I. 19).
  400. M143
    1982 c. 16.
  401. M144
    1972 c. 9 (N.I.).
  402. M145
    1947 c. 42.
  403. M146
    1948 c. 17.
  404. M147
    1949 c. 97.
  405. M148
    1951 c. 65.
  406. M149
    1954 c. 56.
  407. M150
    1958 c. 69.
  408. M151
    1961 c. 33.
  409. M152
    1963 c. 51.
  410. M153
    1964 c. 40.
  411. M154
    1965 c. 36.
  412. M155
    1968 c. 16.
  413. M156
    1968 c. 41.
  414. M157
    1968 c. 47.
  415. M158
    1985 c. 68.
  416. M159
    1936 c. 49.
  417. M160
    1897 c. 38.
  418. M161
    1962 c. 58.
  419. M162
    1981 c. 64.
  420. M163
    1990 c. 8.
  421. M164
    1990 c. 8.
  422. M165
    1990 c. 9.
  423. M166
    1990 c. 10.
  424. M167
    1997 c. 8.
  425. M168
    1997 c. 8.
  426. M169
    1997 c. 9.
  427. M170
    1997 c. 10.
  428. M171
    1991 c. 56.
  429. M172
    1991 c. 57.
  430. M173
    1991 c. 59.
  431. M174
    1991 c. 45.
  432. I248
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  433. I249
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  434. I250
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  435. I251
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  436. I252
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  437. I253
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  438. I254
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  439. I255
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  440. I256
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  441. I257
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  442. I258
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  443. I259
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  444. M175
    1925 c. 20.
  445. M176
    1979 c. 33.
  446. M177
    1881 c. 41.
  447. M178
    1925 c. 20.
  448. I260
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  449. I261
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  450. I262
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  451. I263
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  452. I264
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  453. I265
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  454. I266
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  455. I267
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  456. I268
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  457. I269
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  458. I270
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  459. I271
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  460. I272
    Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  461. I273
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  462. M179
    1988 c. 1.
  463. M180
    1990 c. 1.
  464. M181
    1992 c. 12.
  465. I274
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  466. I275
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  467. I276
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  468. I277
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  469. I278
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  470. I279
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  471. I280
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  472. I281
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  473. I282
    S. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  474. I283
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  475. I284
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  476. I285
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  477. I286
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  478. I287
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  479. I288
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  480. I289
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  481. I290
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  482. M182
    1891 c. 39.
  483. I291
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  484. I292
    Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  485. I293
    Sch. 8 para. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  486. I294
    Sch. 8 para. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  487. I295
    Sch. 8 para. 13 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  488. I296
    Sch. 8 para. 14 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  489. I297
    Sch. 8 para. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  490. I298
    Sch. 8 para. 17 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  491. I299
    Sch. 8 para. 19 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  492. I300
    Sch. 9 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  493. I301
    Sch. 9 para. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  494. I302
    Sch. 9 para. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  495. I303
    Sch. 9 para. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  496. M183
    1986 c. 60.
  497. M184
    1986 c. 45.
  498. M185
    S.I. 1989/2405 (N.I. 19).
  499. M186
    1974 c. 37.
  500. M187
    1982 c. 16.
  501. M188
    1982 c. 16.
  502. M189
    1968 c. 29.
  503. M190
    1973 c. 41.
  504. M191
    1974 c. 39.
  505. M192
    1979 c. 38.
  506. M193
    1980 c. 21.
  507. M194
    1984 c. 12.
  508. M195
    1986 c. 31.
  509. M196
    1986 c. 44.
  510. M197
    1986 c. 45.
  511. M198
    1987 c. 43.
  512. M199
    1989 c. 29.
  513. M200
    1990 c. 42.
  514. M201
    1991 c. 56.
  515. M202
    1991 c. 57.
  516. M203
    1993 c. 43.
  517. M204
    1994 c. 21.
  518. M205
    1998 c. 41.
  519. M206
    1982 c. 16.
  520. I304
    Sch. 9 para. 4 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  521. I305
    Sch. 9 para. 5 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  522. M207
    1998 c. 41.
  523. I306
    Sch. 9 para. 6 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  524. I307
    Sch. 10 para. 1 partly in force; Sch. 10 para. 1 not in force at Royal Assent see s. 275(1); Sch. 10 para. 1(1)(b)(c)(2)(b)(c) in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 1(1)(b)(c)(2)(b)(c) in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  525. M208
    1985 c. 67.
  526. M209
    1985 c. 67.
  527. I308
    Sch. 10 para. 2 wholly in force at 1.8.2001; Sch. 10 para. 2 not in force at Royal Assent see s. 275(1); Sch. 10 para. 2 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  528. I309
    Sch. 10 para. 5 wholly in force at 1.8.2001; Sch. 10 para. 5 not in force at Royal Assent see s. 275(1); Sch. 10 para. 5 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 5 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  529. I310
    Sch. 10 para. 6 wholly in force at 1.8.2001; Sch. 10 para. 6 not in force at Royal Assent see s. 275(1); Sch. 10 para. 6 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 6 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  530. I311
    Sch. 10 para. 7 wholly in force at 1.8.2001; Sch. 10 para. 7 not in force at Royal Assent see s. 275(1); Sch. 10 para. 7 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 7 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  531. I312
    Sch. 10 para. 8 wholly in force at 1.8.2001; Sch. 10 para. 8 not in force at Royal Assent see s. 275(1); Sch. 10 para. 8 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 8 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  532. I313
    Sch. 10 para. 9 wholly in force at 1.8.2001; Sch. 10 para. 9 not in force at Royal Assent see s. 275(1); Sch. 10 para. 9 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 9 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  533. I314
    Sch. 10 para. 10 wholly in force at 1.8.2001; Sch. 10 para. 10 not in force at Royal Assent see s. 275(1); Sch. 10 para. 10 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 10 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  534. I315
    Sch. 10 para. 11 wholly in force at 1.8.2001; Sch. 10 para. 11 not in force at Royal Assent see s. 275(1); Sch. 10 para. 11 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 11 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  535. I316
    Sch. 10 para. 12 partly in force; Sch. 10 para. 12 not in force at Royal Assent see s. 275(1); Sch. 10 para. 12 in force (E.)(except the words “a quality partnership scheme or” in para. 12(2))(E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 12 in force (W.)(except the words “a quality partnership scheme or” in para. 12(2)) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  536. M210
    1985 c. 67.
  537. I317
    Sch. 10 para. 13 wholly in force at 1.8.2001; Sch. 10 para. 13 not in force at Royal Assent see s. 275(1); Sch. 10 para. 13 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 13 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  538. C3
    Sch. 10 para. 13(3): Disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. I para. 53(2)
  539. I318
    Sch. 10 para. 14 wholly in force at 1.8.2001; Sch. 10 para. 14 not in force at Royal Assent see s. 275(1); Sch. 10 para. 14 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 14 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  540. I319
    Sch. 10 para. 15 wholly in force at 1.8.2001; Sch. 10 para. 15 not in force at Royal Assent see s. 275(1); Sch. 10 para. 15 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 15 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  541. I320
    Sch. 10 para. 16 wholly in force at 1.8.2001; Sch. 10 para. 16 not in force at Royal Assent see s. 275(1); Sch. 10 para. 16 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 16 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  542. I321
    Sch. 11 para. 1 wholly in force at 26.10.2001; Sch. 11 para. 1 not in force at Royal Assent see s. 275(1); Sch. 11 para. 1 in force (W.) at 1.8.2001 by S.I 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 1 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  543. M211
    1985 c. 67.
  544. I322
    Sch. 11 para. 2 wholly in force at 1.8.2001; Sch. 11 para. 2 not in force at Royal Assent see s. 275(1); Sch. 11 para. 2 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11
  545. I323
    Sch. 11 para. 3 wholly in force at 1.8.2001; Sch. 11 para. 3 not in force at Royal Assent see s. 275(1); Sch. 11 para. 3 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 3 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11
  546. I324
    Sch. 11 para. 4 wholly in force at 1.8.2001; Sch. 11 para. 4 not in force at Royal Assent see s. 275(1); Sch. 11 para. 4 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 4 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11
  547. I325
    Sch. 11 para. 5 wholly in force at 1.8.2001; Sch. 11 para. 5 not in force at Royal Assent see s. 275(1); Sch. 11 para. 5 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11
  548. M212
    1985 c. 67.
  549. I326
    Sch. 11 para. 6 wholly in force at 26.10.2001; Sch. 11 para. 6 not in force at Royal Assent see s. 275(1); Sch. 11 para. 6 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 6 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  550. I327
    Sch. 11 para. 7 wholly in force at 26.10.2001; Sch. 11 para. 7 not in force at Royal Assent see s. 275(1); Sch. 11 para. 7 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 7 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  551. I328
    Sch. 11 para. 8 wholly in force at 26.10.2001; Sch. 11 para. 8 not in force at Royal Assent see s. 275(1); Sch. 11 para. 8 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 8 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  552. I329
    Sch. 11 para. 9 wholly in force at 1.8.2001; Sch. 11 para. 9 not in force at Royal Assent see s. 275(1); Sch. 11 para. 9 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11
  553. I330
    Sch. 11 para. 10 wholly in force; Sch. 11 para. 10 not in force at Royal Assent see s. 275(1); Sch. 11 para. 10(1)(3) in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 10 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 10(2) in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  554. I331
    Sch. 11 para. 11 wholly in force at 1.8.2001; Sch. 11 para. 11 not in force at Royal Assent see s. 275(1); Sch. 11 para. 11 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 11 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11
  555. I332
    Sch. 11 para. 12 wholly in force; Sch. 11 para. 12 not in force at Royal Assent see s. 275(1); Sch. 11 para. 12 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11
  556. I333
    Sch. 11 para. 14 wholly in force at 26.10.2001; Sch. 11 para. 14 not in force at Royal Assent see s. 275(1); Sch. 11 para. 14 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 14 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  557. I334
    Sch. 11 para. 15 wholly in force at 1.4.2002; Sch. 11 para. 15 not in force at Royal Assent see. S. 275; Sch. 11 para. 15 in force (E.) at 1.6.2001 by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 15 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2
  558. M213
    1988 c. 52.
  559. I335
    Sch. 11 para. 16 wholly in force at 1.4.2002; Sch. 11 para. 16 not in force at Royal Assent see. S. 275; Sch. 11 para. 16 in force (E.) at 1.6.2001 by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 16 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2
  560. M214
    1965 c. 25.
  561. I336
    Sch. 11 para. 17 wholly in force at 1.4.2002; Sch. 11 para. 17 not in force at Royal Assent see. S. 275; Sch. 11 para. 17 in force (E.) at 1.6.2001 by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 17 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2
  562. I337
    Sch. 11 para. 18 wholly in force at 1.4.2002; Sch. 11 para. 18 not in force at Royal Assent see. S. 275; Sch. 11 para. 18 in force (E.) at 1.6.2001 by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 18 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2
  563. I338
    Sch. 11 para. 19 wholly in force at 1.4.2002; Sch. 11 para. 19 not in force at Royal Assent see. S. 275; Sch. 11 para. 19 in force (E.)(1.6.2001 for specified purposes) by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 19 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2
  564. F4
    Sch. 11 para. 20 partly in force; Sch. 11 para. 20 not in force at Royal Assent see s. 275; Sch. 11 para. 20 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2
  565. I339
    Sch. 11 para. 21 wholly in force at 26.10.2001; Sch. 11 para. 21 not in force at Royal Assent see s. 275(1); Sch. 11 para. 21 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 21 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  566. I340
    Sch. 11 para. 22 partly in force; Sch. 11 para. 22 not in force at Royal Assent see s. 275(1); Sch. 11 para. 22 in force for specified purposes (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 22 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 22 in force in so far as it is not already in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  567. I341
    Sch. 12 para. 1 partly in force; Sch. 12 para. 1 not in force at Royal Assent see s. 275(1); Sch. 12 para. 1 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  568. I342
    Sch. 12 para. 2 partly in force; Sch. 12 para. 2 not in force at Royal Assent see s. 275(1); Sch. 12 para. 2 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  569. I343
    Sch. 12 para. 3 partly in force; Sch. 12 para. 3 not in force at Royal Assent see s. 275(1); Sch. 12 para. 3 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  570. I344
    Sch. 12 para. 4 partly in force; Sch. 12 para. 4 not in force at Royal Assent see s. 275(1); Sch. 12 para. 4 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  571. I345
    Sch. 12 para. 5 partly in force at 1.8.2001; Sch. 12 para. 5 not in force at Royal Assent see s. 275(1); Sch. 12 para. 5 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  572. I346
    Sch. 12 para. 6 partly in force; Sch. 12 para. 6 not in force at Royal Assent see s. 275(1); Sch. 12 para. 6 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  573. I347
    Sch. 12 para. 7 partly in force; Sch. 12 para. 7 not in force at Royal Assent see s. 275(1); Sch. 12 para. 7 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  574. I348
    Sch. 12 para. 8 partly in force; Sch. 12 para. 8 not in force at Royal Assent see s. 275(1); Sch. 12 para. 8 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  575. M215
    1999 c. 29.
  576. I349
    Sch. 12 para. 9 partly in force; Sch. 12 para. 9 not in force at Royal Assent see s. 275(1); Sch. 12 para. 9 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  577. I350
    Sch. 12 para. 10 partly in force; Sch. 12 para. 10 not in force at Royal Assent see s. 275(1); Sch. 12 para. 10 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  578. I351
    Sch. 12 para. 11 partly in force; Sch. 12 para. 11 not in force at Royal Assent see s. 275(1); Sch. 12 para. 11 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  579. I352
    Sch. 12 para. 12 wholly in force at 1.8.2001; Sch. 12 para. 12 not in force at Royal Assent see s. 275(1); Sch. 12 para. 12 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  580. I353
    Sch. 12 para. 13 partly in force; Sch. 12 para. 13 not in force at Royal Assent see s. 275(1); Sch. 12 para. 13 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  581. I354
    Sch. 13 para. 1 partly in force; Sch. 13 para. 1 not in force at Royal Assent see s. 275(1); Sch. 13 para. 1 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  582. M216
    1999 c. 29.
  583. C4
    Sch. 13 para. 2 partly in force; Sch. 13 para. 2 not in force at Royal Assent see s. 275(1); Sch. 13 para. 2 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  584. M217
    1994 c. 22.
  585. M218
    1984 c. 27.
  586. I355
    Sch. 13 para. 3 partly in force; Sch. 13 para. 3 not in force at Royal Assent see s. 275(1); Sch. 13 para. 3 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  587. M219
    1972 c. 70.
  588. I356
    Sch. 13 para. 4 partly in force; Sch. 13 para. 4 not in force at Royal Assent see s. 275(1); Sch. 13 para. 4 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  589. I357
    Sch. 13 para. 5 partly in force; Sch. 13 para. 5 not in force at Royal Assent see s. 275(1); Sch. 13 para. 5 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  590. I358
    Sch. 13 para. 6 partly in force; Sch. 13 para. 6 not in force at Royal Assent see s. 275(1); Sch. 13 para. 6 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  591. I359
    Sch. 13 para. 7 partly in force; Sch. 13 para. 7 not in force at Royal Assent see s. 275(1); Sch. 13 para. 7 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  592. I360
    Sch. 13 para. 8 partly in force; Sch. 13 para. 8 not in force at Royal Assent see s. 275(1); Sch. 13 para. 8 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  593. I361
    Sch. 13 para. 9 partly in force; Sch. 13 para. 9 not in force at Royal Assent see s. 275(1); Sch. 13 para. 9 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  594. I362
    Sch. 13 para. 10 partly in force; Sch. 13 para. 10 not in force at Royal Assent see s. 275(1); Sch. 13 para. 10 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  595. I363
    Sch. 13 para. 11 partly in force; Sch. 13 para. 11 not in force at Royal Assent see s. 275(1); Sch. 13 para. 11 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  596. I364
    Sch. 13 para. 12 partly in force; Sch. 13 para. 12 not in force at Royal Assent see s. 275(1); Sch. 13 para. 12 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  597. I365
    Sch. 13 para. 13 partly in force; Sch. 13 para. 13 not in force at Royal Assent see s. 275(1); Sch. 13 para. 13 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  598. I366
    Sch. 13 para. 14 partly in force; Sch. 13 para. 14 not in force at Royal Assent see s. 275(1); Sch. 13 para. 14 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  599. I367
    Sch. 13 para. 15 partly in force; Sch. 13 para. 15 not in force at Royal Assent see s. 275(1); Sch. 13 para. 15 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  600. I368
    Sch. 13 para. 16 partly in force; Sch. 13 para. 16 not in force at Royal Assent see s. 275(1); Sch. 13 para. 16 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  601. I369
    Sch. 13 para. 17 partly in force; Sch. 13 para. 17 not in force at Royal Assent see s. 275(1); Sch. 13 para. 17 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  602. I370
    Sch. 13 para. 18 partly in force; Sch. 13 para. 18 not in force at Royal Assent see s. 275(1); Sch. 13 para. 18 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  603. I371
    Sch. 13 para. 19 partly in force; Sch. 13 para. 19 not in force at Royal Assent see s. 275(1); Sch. 13 para. 19 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  604. M220
    1999 c. 29.
  605. I372
    Sch. 13 para. 20 partly in force; Sch. 13 para. 20 not in force at Royal Assent see s. 275(1); Sch. 13 para. 20 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  606. I373
    Sch. 13 para. 21 partly in force; Sch. 13 para. 21 not in force at Royal Assent see s. 275(1); Sch. 13 para. 21 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  607. I374
    Sch. 13 para. 22 partly in force; Sch. 13 para. 22 not in force at Royal Assent see s. 275(1); Sch. 13 para. 22 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  608. M221
    1972 c. 70.
  609. I375
    Sch. 13 para. 23 partly in force; Sch. 13 para. 23 not in force at Royal Assent see s. 275(1); Sch. 13 para. 23 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  610. I376
    Sch. 13 para. 24 partly in force; Sch. 13 para. 24 not in force at Royal Assent see s. 275(1); Sch. 13 para. 24 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  611. I377
    Sch. 13 para. 25 partly in force; Sch. 13 para. 25 not in force at Royal Assent see s. 275(1); Sch. 13 para. 25 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  612. I378
    Sch. 13 para. 26 partly in force; Sch. 13 para. 26 not in force at Royal Assent see s. 275(1); Sch. 13 para. 26 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  613. I379
    Sch. 13 para. 27 partly in force; Sch. 13 para. 27 not in force at Royal Assent see s. 275(1); Sch. 13 para. 27 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  614. I380
    Sch. 13 para. 28 partly in force; Sch. 13 para. 28 not in force at Royal Assent see s. 275(1); Sch. 13 para. 28 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  615. I381
    Sch. 13 para. 29 partly in force; Sch. 13 para. 29 not in force at Royal Assent see s. 275(1); Sch. 13 para. 29 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  616. I382
    Sch. 13 para. 30 partly in force; Sch. 13 para. 30 not in force at Royal Assent see s. 275(1); Sch. 13 para. 30 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  617. I383
    Sch. 13 para. 31 partly in force; Sch. 13 para. 31 not in force at Royal Assent see s. 275(1); Sch. 13 para. 31 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  618. I384
    Sch. 13 para. 32 partly in force; Sch. 13 para. 32 not in force at Royal Assent see s. 275(1); Sch. 13 para. 32 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  619. I385
    Sch. 13 para. 33 partly in force; Sch. 13 para. 33 not in force at Royal Assent see s. 275(1); Sch. 13 para. 33 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  620. I386
    Sch. 13 para. 34 partly in force; Sch. 13 para. 34 not in force at Royal Assent see s. 275(1); Sch. 13 para. 34 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)
  621. I387
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  622. I388
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  623. I389
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  624. M222
    1993 c. 43.
  625. I390
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  626. I391
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  627. I392
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  628. I393
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  629. I394
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  630. I395
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  631. I396
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  632. I397
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  633. I398
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  634. I399
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  635. I400
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  636. I401
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  637. I402
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  638. I403
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  639. I404
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  640. I405
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  641. I406
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  642. I407
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  643. I408
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  644. I409
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  645. I410
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  646. I411
    Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  647. I412
    Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  648. M223
    1993 c. 43.
  649. I413
    Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  650. I414
    Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  651. I415
    Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  652. I416
    Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  653. I417
    Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  654. I418
    Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  655. I419
    Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  656. I420
    Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  657. M224
    1998 c. 41.
  658. I421
    Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  659. I422
    Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  660. I423
    Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  661. I424
    Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  662. M225
    1993 c. 43.
  663. I425
    Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  664. I426
    Sch 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  665. M226
    1985 c. 67.
  666. I427
    Sch. 18 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  667. I428
    Sch. 18 Pt. III wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  668. I429
    Sch. 18 Pt. III wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  669. I430
    Sch. 22 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  670. M227
    1993 c. 43.
  671. I431
    Sch. 22 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  672. I432
    Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  673. I433
    Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  674. I434
    Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  675. I435
    Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  676. I436
    Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  677. I437
    Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  678. I438
    Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  679. I439
    Sch. 23 para. 10 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  680. M228
    1958 c. 51.
  681. M229
    1993 c. 43.
  682. M230
    1998 c. 41.
  683. M231
    1998 c. 41.
  684. I440
    Sch. 25 para. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  685. I441
    Sch. 25 para. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  686. I442
    Sch. 25 para. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  687. I443
    Sch. 25 para. 4 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  688. I444
    Sch. 25 para. 5 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  689. I445
    Sch. 25 para. 6 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  690. M232
    1993 c. 43.
  691. I446
    Sch. 25 para. 7 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  692. I447
    Sch. 25 para. 8 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  693. I448
    Sch. 25 para. 9 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  694. I449
    Sch. 25 para. 10 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  695. I450
    Sch. 25 para. 11 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  696. I451
    Sch. 25 para. 12 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  697. M233
    1996 c. 18.
  698. I452
    Sch. 25 para. 13 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  699. I453
    Sch. 25 para. 14 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  700. M234
    1988 c. 1.
  701. F5
    Sch. 26 para. 1(1): Definition of “the 1990 Act” repealed (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, ss. 578, 580, Sch. 2 para. 109(1)(a), Sch. 4
  702. M235
    1992 c. 12.
  703. F6
    Sch. 26 para. 1(1): Definition of “the Capital Allowances Act” substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(1)(b)
  704. F7
    Sch. 26 para. 1(1): Words in the definition of “fixture” substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(1)(c)
  705. F8
    Words in Sch. 26 para. 1(3) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(2)
  706. F9
    Words in Sch. 26 para. 5(1)(b) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(3)
  707. F10
    Words in Sch. 26 para. 5(1)(c) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(4)
  708. F11
    Words in Sch. 26 para. 5(2) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(5)(a)
  709. F12
    Words in Sch. 26 para. 5(2)(c) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(5)(b)
  710. F13
    Words in Sch. 26 para. 6 substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(6)
  711. F14
    Words in Sch. 26 para. 13(1)(2)(a) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(7)
  712. F15
    Words in Sch. 26 para. 14(1)(c) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(8)
  713. F16
    Words in Sch. 26 para. 14(1)(d) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(9)
  714. F17
    Words in Sch. 26 para. 14(2) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(10)(a)
  715. F18
    Words in Sch. 26 para. 14(2)(a) substituted (22.3.2001, with effect as mentioned by 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(10)(b)
  716. F19
    Words in Sch. 26 para. 14(2)(d) substituted (22.3.2001, with effect as mentioned by 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(10)(c)
  717. F20
    Words in Sch. 26 para. 15 substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(11)
  718. F21
    Words in Sch. 26 para. 21(1) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(12)
  719. F22
    Words in Sch. 26 para. 21(4) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(13)
  720. F23
    Words in Sch. 26 para. 21(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(14)(a)
  721. F24
    Words in Sch. 26 para. 21(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(14)(b)
  722. F25
    Words in Sch. 26 para. 21(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(14)(c)
  723. F26
    Words in Sch. 26 para. 21(6) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(15)
  724. F27
    Words in Sch. 26 para. 21(7) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(16)
  725. F28
    Words in Sch. 26 para. 21(8) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(17)(a)
  726. F29
    Words in Sch. 26 para. 21(8)(a) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(17)(b)
  727. F30
    Words in Sch. 26 para. 21(9) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(18)
  728. F31
    Words in Sch. 26 para. 27(1) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(19)
  729. F32
    Words in Sch. 26 para. 27(4) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(20)
  730. F33
    Words in Sch. 26 para. 27(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(21)(a)
  731. F34
    Words in Sch. 26 para. 27(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(21)(b)
  732. F35
    Words in Sch. 26 para. 27(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(21)(c)
  733. F36
    Words in Sch. 26 para. 27(6) substituted (23.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(22)
  734. F37
    Words in Sch. 26 para. 27(7) substituted (23.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(23)
  735. F38
    Words in Sch. 26 para. 27(8) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(24)(a)
  736. F39
    Words in Sch. 26 para. 27(8)(a) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(24)(b)
  737. F40
    Words in Sch. 26 para. 27(9) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(25)
  738. F41
    Words in Sch. 26 para. 34(1) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(26)
  739. F42
    Words in Sch. 26 para. 34(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(27)
  740. F43
    Words in Sch. 26 para. 34(6) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(28)(a)
  741. F44
    Words in Sch. 26 para. 34(6) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(28)(b)
  742. F45
    Words in Sch. 26 para. 34(6) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(28)(c)
  743. F46
    Words in Sch. 26 para. 34(7) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(29)
  744. F47
    Words in Sch. 26 para. 34(8) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(30)
  745. F48
    Words in Sch. 26 para. 34(9) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(31)(a)
  746. F49
    Words in Sch. 26 para. 34(9)(a) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(31)(b)
  747. F50
    Words in Sch. 26 para. 34(10) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(32)
  748. M236
    1891 c. 39.
  749. M237
    1895 c. 16.
  750. M238
    1986 c. 41.
  751. I454
    Sch. 27 para. 1 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  752. I455
    Sch. 27 para. 6 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  753. M239
    S.I. 1999/1998.
  754. I456
    Sch. 27 para. 7 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  755. I457
    Sch. 27 para. 8 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  756. M240
    S.I. 1999/1998.
  757. I458
    Sch. 27 para. 9 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  758. I459
    Sch. 27 para. 10 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  759. I460
    Sch. 27 para. 11 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  760. I461
    Sch. 27 para. 12 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  761. I462
    Sch. 27 para. 13 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  762. I463
    Sch. 27 para. 15 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  763. M241
    S.I. 1999/1998.
  764. M242
    1993 c. 43.
  765. I464
    Sch. 27 para. 17 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  766. I465
    Sch. 27 para. 18 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  767. I466
    Sch. 27 para. 19 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  768. I467
    Sch. 27 para. 20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  769. I468
    Sch. 27 para. 21 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  770. I469
    Sch. 27 para. 22 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  771. I470
    Sch. 27 para. 23 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  772. I471
    Sch. 27 para. 30 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  773. I472
    Sch. 27 para. 31 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  774. I473
    Sch. 27 para. 32 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  775. I474
    Sch. 27 para. 33 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  776. I475
    Sch. 27 para. 34 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  777. I476
    Sch. 27 para. 36 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  778. I477
    Sch. 27 para. 37 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  779. I478
    Sch. 27 para. 38 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  780. I479
    Sch. 27 para. 39 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  781. I480
    Sch. 27 para. 40 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  782. I481
    Sch. 27 para. 41 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  783. M243
    1958 c. 51.
  784. I482
    Sch. 27 para. 42 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  785. I483
    Sch. 27 para. 44 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  786. I484
    Sch. 27 para. 48 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  787. I485
    Sch. 27 para. 49 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  788. I486
    Sch. 27 para. 51 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  789. I487
    Sch. 27 para. 52 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  790. I488
    Sch. 27 para. 53 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  791. I489
    Sch. 27 para. 54 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  792. I490
    Sch. 27 para. 56 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  793. M244
    S.I. 1999/1998.
  794. I491
    Sch. 27 para. 57 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  795. I492
    Sch. 27 para. 59 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  796. I493
    Sch. 27 para. 62 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  797. I494
    Sch. 27 para. 63 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  798. M245
    S.I. 1999/1998.
  799. M246
    1993 c. 43.
  800. M247
    1962 c. 46.
  801. M248
    1962 c. 46.
  802. M249
    1993 c. 43.
  803. M250
    1993 c. 43.
  804. M251
    1993 c. 43.
  805. M252
    1962 c. 46.
  806. M253
    1993 c. 43.
  807. M254
    1978 c. 30.
  808. M255
    1988 c. 52.
  809. I495
    Sch. 30 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  810. M256
    1995 c. 23.
  811. M257
    1988 c. 52.
  812. M258
    1984 c. 27.
  813. M259
    1994 c. 22.
  814. I496
    Sch. 31 Pt. I partly in force; Sch. 31 Pt. I not in force at Royal Assent see s. 275(1)(2); Sch. 31 Pt. I in force for specified purposes (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
  815. I497
    Sch. 31 Pt. II partly in force; Sch. 31 Pt. II not in force at Royal Assent see. S. 275(1)(2); Sch. 31 Pt. II in force (1.4.2001 for specified purposes) by S.I. 2000/3229, art. 2, Sch. Pt. III; Sch. 31 Pt. II in force for specified purposes (E.) (1.2.2001) by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 31 Pt. II in force for specified purposes (26.10.2001) by S.I. 2001/3342, art. 2, Sch.; Sch. 31 Pt. II in force (E.) for specified purposes at 1.5.2002 by S.I. 2002/1014, art. 2, Sch. Pt. 1 (with transitional provisions in art. 3); Sch. 31 Pt. II in force (W.) at 14.8.2002 by S.I. 2002/2024, art. 2(b)
  816. I498
    Sch. 31 Pt. III partly in force; Sch. 31 Pt. III not in force at Royal Assent see s. 275(1)(2); Sch. 31 Pt. III in force for specified purposes (E.) (1.2.2001) by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)
  817. I499
    Sch. 31 not in force at Royal Assent see. S. 275(1)(2); Sch. 31 Pt. IV in force (15.1.2001 for specified purposes) by S.I. 2000/3376, art. 2; Sch. 31 Pt. IV in force at 1.2.2001 for specified purposes by S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
  818. I500
    Sch. 31 Pt. V partly in force; Sch. 31 Pt. V not in force at Royal Assent see s. 275; Sch. 31 Pt. V in force for certain purposes at 1.4.2002 by S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with transitional provision in art. 3) (as substituted by S.I. 2002/846, art. 2)
  819. I501
    Sch. 10 para. 4 wholly in force at 1.8.2001; Sch. 10 para. 4 not in force at Royal Assent see s. 275(1); Sch. 10 para. 4 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 4 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  820. I502
    Sch. 10 para. 3 wholly in force at 1.8.2001; Sch. 10 para. 3 not in force at Royal Assent see s. 275(1); Sch. 10 para. 3 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 3 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8
  821. F51
    Words in s. 162(4) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 46(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
  822. F52
    Words in s. 133(1)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 20(a)
  823. F53
    Word in s. 132A(2) substituted (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), art. 1, Sch. 1 para. 5(f)
  824. F54
    Sch. 28 para. 8 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  825. F55
    Words in s. 59(5) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 218(3) (with arts. 6, 11, 12)
  826. F56
    S. 131A inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 31, 134(4); S.I. 2009/3242, art. 2(1)(a)
  827. F57
    Words in Sch. 12 para. 11(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 5(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  828. F58
    S. 224(2)(b) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  829. F59
    Sch. 10 para. 1(2)(ba) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 9(2)(b)
  830. F60
    S. 122(1)(aa) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 18(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
  831. F61
    Words in s. 150(4) substituted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 3(5)(b), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  832. F62
    S. 249 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  833. F63
    Words in s. 193(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 145 (with s. 247)
  834. C5
    S. 135 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 7 (with art. 7(4))
  835. F64
    Words in s. 114(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 13(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(c)
  836. F65
    Words in s. 124(3)(b) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 19(4), 134(4); S.I. 2009/3242, art. 2(1)(a)
  837. F66
    S. 155 heading substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(11), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)
  838. F67
    S. 134A inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 43, 134(4); S.I. 2009/3242, art. 2(1)(a)
  839. F68
    Sch. 12 para. 11A-11C and crossheading inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 15; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  840. F69
    Words in s. 90(6) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 156 (with art. 3)
  841. F70
    Words in Sch. 26 para. 38 substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 322(4)(b) (with Sch. 2)
  842. C6
    Pt. 2 applied (with modifications) (30.6.2022) by The Mid Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/342), regs. 1(3)(b), 12(2)
  843. F71
    S. 108(3)-(3B) substituted for s. 108(3) (1.4.2009 for W., 1.4.2011 for E.) by Local Transport Act 2008 (c. 26), ss. 9(1), 134(4); S.I. 2009/107, art. 5(1) (with art. 5(2)); S.I. 2009/579, art. 2(b)
  844. F72
    Words in s. 93(4)(b) substituted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 20(4)(b); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  845. F73
    S. 35(3)(g)-(k) substituted for s. 35(3)(g) (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 6(3); S.I. 2021/748, reg. 2(j)
  846. F74
    Words in s. 177A(1) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 111; S.I. 2009/3318, art. 2(c)
  847. F75
    Words in s. 164(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 104(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  848. F76
    S. 155(1ZC) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 21(4)
  849. F77
    S. 127(1A) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 11(c)
  850. F78
    S. 19(6) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 15(4); S.I. 2003/1397, art. 2(1), Sch.
  851. F79
    S. 267(3)-(6) repealed (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 3
  852. C7
    S. 108(1)(a): transfer of functions (30.6.2022) by The Mid Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/342), regs. 1(3)(b), 12(1)
  853. F80
    Words in Sch. 12 para. 13(5) substituted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 5(c)(i)
  854. F81
    S. 126 heading substituted (11.1.2010 for E.) by virtue of Local Transport Act 2008 (c. 26), ss. 21(6), 134(4); S.I. 2009/3242, art. 2(1)(a)
  855. F82
    Words in s. 93(2)(a) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 20(2)(a); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  856. F83
    Sch. 22 para. 15(3) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  857. F84
    S. 109(5)(6) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 9(5), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)
  858. F85
    S. 109(2) substituted (1.4.2009 for W., 1.4.2011 for E.) by Local Transport Act 2008 (c. 26), ss. 9(3), 134(4); S.I. 2009/107, art. 5(1) (with art. 5(2)); S.I. 2009/579, art. 2(b)
  859. F86
    Words in Sch. 26 para. 17(2) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(4)(a) (with Sch. 2 Pts. 1, 2)
  860. F87
    Words in Sch. 12 para. 12(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 6(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  861. F88
    Sch. C1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(7)(b), 21(3)-(7), Sch. 6; S.I. 2021/748, reg. 2(b)
  862. C8
    S. 108(1)(a): transfer of functions (30.6.2022) by The North Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/339), regs. 1(3)(b), 12(1)
  863. F89
    Words in Sch. 28 para. 10 substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(9)(a); S.I. 2005/1909, art. 2, Sch.
  864. C9
    S. 108(2A)(a): transfer of functions (30.6.2022) by The North Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/339), regs. 1(3)(b), 12(1)
  865. F90
    S. 123N(7A) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 132 (with s. 247)
  866. F91
    Sch. 16 para. 14(3)(a) repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  867. F92
    Words in s. 112(2) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(5), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)
  868. F93
    S. 110 repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(2), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)
  869. C10
    S. 154(1) modified (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 24(2) (with art. 9)
  870. F94
    Words in s. 263 inserted (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 125(4), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
  871. F95
    Sch. 16 para. 53 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  872. F96
    Words in s. 248(2) substituted (1.8.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(5); S.I. 2006/1951, art. 2(2)(i)
  873. C11
    S. 132A: transfer of functions (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), arts. 1, 2(2)(f) (with Sch. 2)
  874. F97
    Word in s. 116(6) omitted (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  875. F98
    Words in s. 194(2) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 113; S.I. 2009/3318, art. 2(c)
  876. F99
    S. 133(3)(4) inserted (26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 41(6), 134(1)(c)(4); S.I. 2009/3242, art. 2(1)(a)
  877. F100
    Word in s. 88(3) substituted (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 37
  878. F101
    Words in s. 115(2) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 14(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
  879. F102
    S. 155(8) inserted (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 63(2), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1 (with Sch. 1 para. 2(2))
  880. F103
    Words in s. 113(2A)(a) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 127(3) (with s. 247)
  881. F104
    Words in s. 153(1)(a) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 5
  882. F105
    Sch. 10 para. 1(1)(aa) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 8(2)(a)
  883. F106
    Words in s. 198(2) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 12(6)(c), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)
  884. F107
    S. 126(A1) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 9
  885. F108
    Sch. 16 para. 51(2) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  886. F109
    Words in s. 166(3) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 139(3)(a) (with s. 247)
  887. F110
    Words in Sch. 7 para. 13(2) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(3)(a) (with Sch. 2)
  888. F111
    Words in s. 198(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 12(6)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 3); S.I. 2009/579, art. 2(b)
  889. F112
    Words in s. 30(3)(b) substituted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 5; S.I. 2021/748, reg. 2(j)
  890. F113
    Words in s. 135(1) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 4(2)
  891. F114
    Word in Sch. 10 para. 16 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  892. F115
    Words in Sch. 17 heading substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(p)(v)
  893. F116
    Word in s. 131E(2) substituted (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), art. 1, Sch. 1 para. 5(c)
  894. F117
    Words in s. 170(7)(a) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 110(3); S.I. 2009/3318, art. 2(c)
  895. F118
    Sch. 8 paras. 11, 12 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  896. F119
    Sch. 28 para. 1 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  897. F120
    Words in s. 112(1) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(4)(b), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)
  898. F121
    Words in s. 124(2)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(4)(b)
  899. F122
    S. 40(1)(b) omitted (29.6.2021) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 7(3); S.I. 2021/748, reg. 2(j)
  900. F123
    Ss. 132C, 132D inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 40(1), 134(4); S.I. 2009/3242, art. 2(1)(a)
  901. F124
    Word in s. 197(4)(b) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 8(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  902. F125
    Words in s. 165(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 105(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  903. F126
    Sch. 11 para. 3(5) repealed (31.1.2010 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 1; S.I. 2009/3294, art. 2(d)
  904. F127
    S. 275(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14
  905. F128
    S. 217(2) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  906. F129
    Words in s. 166(2) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 107(2)(c), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  907. F130
    Words in s. 155(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(5), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)
  908. F131
    Sch. 16 para. 35(4)(5) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  909. F132
    S. 194(5)-(7) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 118(5), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(s)
  910. F133
    Word in Sch. 10 paras. 12-14 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  911. F134
    S. 131A(4) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(b)
  912. F135
    Words in s. 157 heading substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 133(2) (with s. 247)
  913. F136
    Sch. 5 para. 18 repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6; S.I. 2012/1662, art. 2(2)(b)
  914. F137
    S. 226(1)(c) and preceding word repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  915. F138
    Sch. 12 para. 11(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 5(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  916. F139
    Sch. 22 para. 18 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  917. F140
    Words in Sch. 26 para. 38 substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 322(4)(a) (with Sch. 2)
  918. F141
    Words in s. 19(7) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 15(5); S.I. 2003/1397, art. 2(1), Sch.
  919. F142
    Words in s. 19(5) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 15(3); S.I. 2003/1397, art. 2(1), Sch.
  920. C12
    S. 272 functions made exercisable (28.2.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (S.I. 2003/415), arts. 1(1), 3 (with art. 5)
  921. F143
    S. 197(7)-(9) inserted (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 7(b)
  922. F144
    Sch. 22 para. 15(2)(c)-(e) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  923. F145
    Words in s. 174(2)(a) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 115(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(p)
  924. F146
    Words in s. 155(1) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  925. F147
    Word in Sch. 10 para. 2(3)(b) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 4(3), Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  926. F148
    S. 132(6)-(8) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 17(d)
  927. F149
    Words in s. 166(2) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 139(2) (with s. 247)
  928. F150
    Word in Sch. 10 para. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(e); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  929. F151
    Words in Sch. 12 para. 11A(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(5)(a) (with s. 247)
  930. F152
    Words in s. 125(3)(f) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  931. F153
    Words in s. 164(3)(b) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 103(3)(b); S.I. 2009/3318, art. 2(c)
  932. F154
    Words in Sch. 10 para. 17(5)(c) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 11(4)
  933. F155
    Word in s. 89 substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 26; S.I. 2003/1397, art. 2(1), Sch.
  934. F156
    Words in s. 132(4A)(c) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(4)(e), 134(4); S.I. 2009/3242, art. 2(1)(a)
  935. F157
    Words in s. 94(2)(a) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 21(2); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  936. C13
    Pt. 3 Chs. 2, 3: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 18
  937. F158
    Words in s. 89(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(3)(b) (with art. 3)
  938. F159
    S. 145B inserted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 11; S.I. 2007/2799, arts. 2, 3 (with art. 4)
  939. F160
    S. 40(1)(i)-(m) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 7(5); S.I. 2021/748, reg. 2(j)
  940. F161
    Sch. 12 para. 9 repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 3(3), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  941. F162
    Words in Sch. 10 para. 15 inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 13(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  942. F163
    Sch. 15 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  943. F164
    Word in s. 133(2)(f) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 41(5)(d), 134(4); S.I. 2009/3242, art. 2(1)(a)
  944. F165
    S. 145A substituted for s. 145 (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 1, 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  945. F166
    Sch. 17 para. 4(5)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  946. F167
    Sch. 9 para. 3(2)(d) substituted (25.7.2003 for specified purposes, 29.12.2003 for remaining purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 166(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142
  947. F168
    S. 125(1)(d) and word omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 8(a)(ii)
  948. F169
    Words in s. 86(7)(b) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 10(2)(c)
  949. F170
    Words in s. 160(2) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 7(2)
  950. F171
    S. 143A inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 5, 26(3)
  951. F172
    Words in s. 193(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 8(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  952. F173
    Sch. 17 paras. 21-27 repealed (24.7.2005 for the repeal of Sch. 17 paras. 21-24, 1.12.2006 for the repeal of Sch.17 paras. 25-27) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911. Sch.
  953. F174
    S. 163(4A)(4B) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 103(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  954. I503
    S. 274 in force at 15.10.2005 for specified purposes by S.I. 2005/2862, art. 3
  955. F175
    S. 116(2)(bb) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(3), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
  956. F176
    S. 269 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14
  957. F177
    Words in s. 114(1) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 7(2)
  958. C14
    S. 108 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 1 (with art. 7(4))
  959. F178
    S. 115(4)(b) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 14(3), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
  960. F179
    Words in s. 112(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(4)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)
  961. C15
    S. 179 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 13 (with art. 7(4))
  962. F180
    Words in s. 194(6) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 113; S.I. 2009/3318, art. 2(c)
  963. F181
    S. 132(12): s. 132(6) renumbered as s. 132(12) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(6), 134(4); S.I. 2009/3242, art. 2(1)(a)
  964. F182
    Words in Sch. 10 para. 1(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 3(3)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  965. F183
    Words in Sch. 12 para. 10(1)(b) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 4(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  966. C16
    Pt. 2: functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 8(b)
  967. F184
    Words in s. 169(3) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  968. F185
    Words in s. 167(2)(b) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 141 (with s. 247)
  969. F186
    S. 165(3)(4) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 105(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  970. F187
    Words in s. 127(2)(c) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(4), 134(4); S.I. 2009/3242, art. 2(1)(a)
  971. F188
    Sch. 16 para. 64 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  972. F189
    Words in s. 48(4)(b) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 218(2) (with arts. 6, 11, 12)
  973. F190
    Words in s. 132(4A)(a) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(4)(b), 134(4); S.I. 2009/3242, art. 2(1)(a)
  974. F191
    Words in s. 95(6)(b) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 22(4)(a); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  975. F192
    Sch. 9 para. 3(3)(ri) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 27(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)
  976. F193
    Sch. 16 para. 52 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  977. F194
    Words in s. 86(5) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(7)(a) (with art. 3)
  978. F195
    Words in s. 118(4)(a) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 17(3), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
  979. F196
    Sch. 22 para. 20 omitted (E.W.S.) (25.2.2010) by virtue of The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 8(3)
  980. C17
    Ss. 134C-138: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(6)
  981. F197
    Words in s. 67(1) substituted (19.2.2013) by Civil Aviation Act 2012 (c. 19), ss. 98(2), 110(3)(c) (with Sch. 10 paras. 12, 17)
  982. F198
    S. 123M(6A) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 131 (with s. 247)
  983. F199
    Sch. 26 para. 37 omitted (with effect in accordance with Sch. 2 para. 71 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 70(e)(ii)
  984. F200
    Ss. 12-18 omitted (29.6.2021) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(2), 21(3)-(7); S.I. 2021/748, reg. 2(a)
  985. F201
    Sch. 27 para. 43 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  986. C18
    Pt. 2: functions made exercisable (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(1)
  987. F202
    Sch. 9 para. 3(3)(rd) inserted (E.W.S.) (8.6.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(7); S.I. 2005/1444, art. 2(1), Sch. 1
  988. F203
    Words in s. 194(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 118(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(s)
  989. F204
    Words in Sch. 26 para. 7(2) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(2)(a) (with Sch. 2 Pts. 1, 2)
  990. F205
    Words in s. 126(4)(a) repealed (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 21(5)(b), 134(4), Sch. 7 Pt. 2; S.I. 2009/3242, art. 2(1)(a)
  991. C19
    Ss. 148-150: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(6)
  992. F206
    Words in s. 93(4)(a) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 20(4)(a); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  993. C20
    S. 244: power to modify conferred (8.6.2005) by Railways Act 2005 (c. 14), ss. 1(8), 60(2); S.I. 2005/1444, art. 2(1), Sch. 1
  994. F207
    Words in s. 65(8) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(6)(b) (with art. 10)
  995. F208
    S. 20 substituted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(2), 21(3)-(7); S.I. 2021/748, reg. 2(b)
  996. F209
    Words in s. 166(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 107(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  997. F210
    S. 137(4)(b) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  998. F211
    Words in s. 86(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(5)(b) (with art. 3)
  999. F212
    Sch. 10 para. 16(3) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 14(3), Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1000. F213
    S. 155(1)(ab) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 19(2), 26(3)
  1001. F214
    Sch. 10 para. 1(1)(za) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 11(2)(a)
  1002. F215
    Words in s. 86(5)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(7)(b) (with art. 3)
  1003. F216
    Sch. 8 para. 15 repealed (20.6.2003) by The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 (S.I. 2003/1400), art. 1, Sch. 5
  1004. F217
    Words in Sch. 10 para. 15 inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 13(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1005. F218
    Sch. 16 para. 18(2)(a) repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1006. F219
    Word in s. 125(1)(b) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 8(a)(i)
  1007. F220
    Words in s. 93(2)(d) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 20(2)(d); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1008. F221
    Ss. 126A-126E omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 10
  1009. C21
    Ss. 112, 113: functions transferred (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2) (with reg. 15(3))
  1010. F222
    Words in Sch. 10 para. 17(5)(c) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 9(4)
  1011. F223
    S. 258(2)(3) repealed (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 3
  1012. F224
    Schs. 19-21 repealed (16.10.2005 for the repeal of Sch. 20, 1.12.2006 for the repeal of Schs. 19, 21) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2), Sch. 13 para. 4); S.I. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, Sch.
  1013. F225
    Sch. 16 para. 14(4) repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1014. F226
    Ss. 113C-113O and cross-heading inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 1, 26(3)
  1015. F227
    Word in s. 86(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(4) (with art. 3)
  1016. F228
    Words in s. 10(1)(b) substituted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 2(2); S.I. 2021/748, reg. 2(j)
  1017. F229
    Words in s. 130(7) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1018. F230
    Words in s. 155(1)(b) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 6(2)
  1019. F231
    Sch. 16 para. 15 repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1020. F232
    Words in s. 113B(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(6), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)
  1021. F233
    Words in s. 181(2)(a) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 7(2)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
  1022. F234
    Word in Sch. 5 para. 1(2)(o) repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)
  1023. C22
    S. 122(3)(c) modified (W.) (1.2.2010) by The Quality Partnership Schemes (Wales) Regulations 2009 (S.I. 2009/3293), regs. 1(1), 5-7
  1024. F235
    Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.
  1025. F236
    Sch. 27 para. 39(3) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1026. F237
    Words in s. 165(3) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 137(3)(a) (with s. 247)
  1027. F238
    S. 131E inserted ( 26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 35, 134(1)(c)(4); S.I. 2009/3242, art. 2(1)(a)
  1028. F239
    Words in Sch. 26 para. 35(1) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(6)(a) (with Sch. 2 Pts. 1, 2)
  1029. F240
    Ss. 234-239 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1030. F241
    S. 113(2)(2A) substituted for s. 113(2) (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 12(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 3); S.I. 2009/579, art. 2(b)
  1031. F242
    Ss. 127A, 127B omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 12
  1032. F243
    Words in s. 103(9) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 9(4); S.I. 2021/748, reg. 2(j)
  1033. C23
    S. 113 modified (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 28 (with art. 9)
  1034. F244
    Words in s. 131A(2)(a) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(a)(i)
  1035. F245
    Sch. 17 para. 7(2)-(4) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1036. F246
    Words in s. 160(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(13), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)
  1037. F247
    Ss. 109A-109C inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 4; S.I. 2006/1403, art. 2(2)(c)
  1038. F248
    S. 150(4A) inserted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 3(6), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1039. F249
    Sch. 12 para. 3(1)(c) and word inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 12(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1040. F250
    S. 172(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 113(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(n)
  1041. F251
    Words in s. 126(1) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 21(3), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1042. F252
    Words in s. 90(6) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(9)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  1043. F253
    Word in s. 124(2)(a) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(4)(a)
  1044. C24
    S. 180 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 14 (with art. 7(4))
  1045. F254
    S. 117 heading substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 16(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
  1046. F255
    Words in s. 216 heading substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(p)(ii)
  1047. F256
    S. 127(2A) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(5), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1048. F257
    Words in Sch. 9 para. 5(1)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 158(d) (with art. 3)
  1049. F258
    Words in Sch. 7 para. 15(2) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 252(b) (with Sch. 9 paras. 1-9, 22)
  1050. C25
    Pt. 2: functions made exercisable (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 9 (with art. 28)
  1051. F259
    S. 157(1A) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 100(2); S.I. 2009/3318, art. 2(c)
  1052. F260
    S. 272(6)(7) substituted for s. 272(6) (1.4.2018) by Wales Act 2017 (c. 4), ss. 56(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)
  1053. F261
    S. 86(5A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(8) (with art. 3)
  1054. F262
    S. 131A(2)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(a)(ii)
  1055. F263
    Word in s. 146 repealed (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 3; S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1056. F264
    Sch. 12 para. 8(3)(aa) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 14(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1057. F265
    Words in s. 160(2) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 18(3)(a), 26(3)
  1058. F266
    Words in Sch. 12 para. 13(4) substituted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 5(b)
  1059. F267
    Sch. 16 para. 18(3) repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1060. C26
    S. 135(7)(8) applied (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 7(3)(c)
  1061. F268
    Words in s. 109(3)(b) omitted (26.5.2006) by virtue of Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(4); S.I. 2006/1403, art. 2(2)(c)
  1062. C27
    S. 137 applied (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 7(3)(d)
  1063. F269
    Word in s. 132B(3) substituted (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), art. 1, Sch. 1 para. 5(g)
  1064. F270
    Word in s. 197(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 8(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1065. F271
    S. 86(2) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 24(2); S.I. 2003/1397, art. 2(1), Sch.
  1066. C28
    S. 132: transfer of functions (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), arts. 1, 2(2)(e) (with Sch. 2)
  1067. C29
    S. 114 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 5 (with art. 7(4))
  1068. F272
    Sch. 27 para. 61 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1069. F273
    Sch. 27 para. 62(5)(6) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1070. F274
    Sch. 12 para. 10(2)(b) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 4(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1071. F275
    Words in s. 103(5) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 9(2)(a); S.I. 2021/748, reg. 2(j)
  1072. F276
    Words in Sch. 28 para. 10 substituted (E.W.S.) (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 8(4)
  1073. F277
    Sch. 26 para. 13(1) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(3) (with Sch. 2 Pts. 1, 2)
  1074. F278
    Sch. 9 para. 3(3)(rf) inserted (6.4.2013) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 12 (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 2(3)
  1075. F279
    Words in Sch. 10 para. 1(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 3(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1076. F280
    Words in s. 198(1) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 114; S.I. 2009/3318, art. 2(c)
  1077. F281
    Ss. 113A, 113B inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 6; S.I. 2006/1403, art. 2(2)(c)
  1078. F282
    Words in s. 198(2) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 47; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
  1079. F283
    Sch. 16 para. 17(3) repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1080. F284
    S. 108(2A) inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 2(2); S.I. 2006/1403, art. 2(2)(c)
  1081. F285
    Words in s. 146 substituted (1.4.2011) by The Concessionary Bus Travel Act 2007 (Variation of Reimbursement and Other Administrative Arrangements) Order 2010 (S.I. 2010/1179), arts. 1(3)(b), 2(2) (with art. 3)
  1082. F286
    Sch. 16 para. 35(3)(b) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1083. F287
    S. 114(3)(a) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(3), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)
  1084. F288
    Words in s. 155(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)
  1085. F289
    Words in s. 140(4) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1086. F290
    Words in s. 109(2B)(c) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 97(3)(c); S.I. 2009/3318, art. 2(c)
  1087. F291
    Words in Sch. 22 para. 8(10) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1088. C30
    Act: power to amend conferred (N.I.) (27.3.2006) by The Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455), arts. 1(3), 4(a); S.R. 2006/21, art. 2 (subject to S.R. 2006/22, arts. 2-7)
  1089. C31
    Sch. 9 para. 3 modified (8.2.2007 immediately before the Wireless Telegraphy Act 2006 (c. 36) comes into force) by The Wireless Telegraphy (Pre-Consolidation Amendments) Order 2006 (S.I. 2006/1391), art. 1, Sch. para. 7(3)(h)
  1090. F292
    S. 213 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 1 para. 36(a), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1091. F293
    S. 124(11)-(13) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(8)
  1092. F294
    S. 133(2)(ee)-(ei) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 41(5)(c), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1093. F295
    Words in Sch. 26 para. 6 substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 322(2) (with Sch. 2)
  1094. F296
    S. 218 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1095. F297
    Words in s. 228(1) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(3); S.I. 2005/1909, art. 2, Sch.
  1096. F298
    Sch. 27 paras. 2-5 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1097. F299
    Sch. 28 para. 6 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1098. F300
    Words in Sch. 12 para. 11C(3) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(6) (with s. 247)
  1099. F301
    Word in s. 86(3)(b) inserted (31.12.2020) by S.I. 2019/93, Sch. 1 para. 9(2)(a) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 21)
  1100. F302
    Words in s. 125(2)(b) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(4)(b), 134(4); S.I. 2009/3242, art. 2(1)(a) (with art. 3)
  1101. C32
    Act applied (17.10.2007) by The Concessionary Bus Travel Act 2007 (Commencement and Transitional Provisions) Order 2007 (S.I. 2007/2799), art. 4(2)
  1102. F303
    Words in Sch. 9 para. 5(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 158(e) (with art. 3)
  1103. F304
    Words in s. 103(6) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 9(3); S.I. 2021/748, reg. 2(j)
  1104. F305
    Sch. 16 para. 17(4)(a) repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1105. F306
    Words in s. 5(4) omitted (6.4.2011) by virtue of The Transport Act 2000 (Amendment of section 5(4)) Regulations 2011 (S.I. 2011/205), regs. 1, 2
  1106. F307
    Words in s. 89(4)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(3)(c) (with art. 3)
  1107. F308
    Words in s. 109(2B)(a) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 126(3)(b) (with s. 247)
  1108. F309
    Words in s. 162(4) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 46(2)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
  1109. F310
    Sch. 17 para. 7(7) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1110. F311
    Words in s. 155(6) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(8), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)
  1111. F312
    Sch. 16 para. 50 repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1112. F313
    S. 171(5)(f) and word inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 112(1), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(m)
  1113. F314
    Words in Sch. 25 para. 15 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1114. F315
    Words in Sch. 1 para. 6(3) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(7)(a) (with art. 10)
  1115. F316
    Sch. 27 para. 47 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1116. F317
    S. 132(5)-(11) substituted for s. 132(5) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(5), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1117. F318
    S. 109A(5) repealed (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 88
  1118. F319
    Words in s. 86(7)(a) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 24(4); S.I. 2003/1397, art. 2(1), Sch.
  1119. C33
    S. 130 excluded (E.) (11.1.2010) by The Quality Contracts Schemes (Tendering Requirements) (England) Regulations 2009 (S.I. 2009/3244), regs. 1(1), 5(1) (with reg. 9)
  1120. C34
    S. 114(6B) excluded (1.2.2010) by The Quality Partnership Schemes (Wales) Regulations 2009 (S.I. 2009/3293), regs. 1(1), 4(3)
  1121. F320
    Words in Sch. 12 para. 13(3) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 7(4)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1122. F321
    Words in s. 113(2A)(b) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 127(3) (with s. 247)
  1123. C35
    Sch. 12 para. 10 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 17(b) (with art. 7(4))
  1124. F322
    Word in s. 171(5) repealed (31.1.2010 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 5; S.I. 2009/3294, art. 2(d)
  1125. F323
    Sch. 5 para. 17 repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 16; S.I. 2008/3068, art. 5, Sch. (with arts. 6-13)
  1126. F324
    Words in Sch. 12 para. 11A(4) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(5)(b) (with s. 247)
  1127. F325
    S. 40(6)(6A) substituted for s. 40(6) (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 7(6); S.I. 2021/748, reg. 2(j)
  1128. F326
    Sch. 9 para. 3(3)(qa) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 166(3)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
  1129. F327
    S. 248(1)(b) substituted (1.8.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(4); S.I. 2006/1951, art. 2(2)(i)
  1130. F328
    Words in s. 160(2) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 22(2)
  1131. C36
    S. 108(2A)(a): transfer of functions (W.) (28.2.2022) by The South East Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/343), regs. 1(3)(b), 12(1)
  1132. C37
    S. 112 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 4 (with art. 7(4))
  1133. F329
    S. 163(5A) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 102(4); S.I. 2009/3318, art. 2(c)
  1134. F330
    Word in s. 86 heading substituted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(10) (with art. 3)
  1135. F331
    Sch. 12 para. 8(5)-(7) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 2(3), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1136. F332
    Sch. 17 para. 8(3)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1137. F333
    Sch. 28 paras. 11-16 repealed (26.6.2005 for the repeal of Sch. 28 para. 15, 24.7.2005 for the repeal of Sch. 28 para. 14, 1.12.2006 except for the repeal of Sch. 28 para. 11, 29.1.2007 in so far as not already in force) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1444, art. 2(2), Sch. 2; S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.; S.I. 2007/62, art. 2(e)
  1138. F334
    S. 132B(1)(a) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 19
  1139. F335
    Sch. 18 paras. 1-3 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1140. F336
    Word in s. 116(2) repealed (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 2; S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(d)
  1141. F337
    Sch. 9 para. 3(3)(t) substituted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 62(b) (with reg. 28(2)(3))
  1142. F338
    Words in s. 165A(1)(b) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 138 (with s. 247)
  1143. F339
    Sch. 17 para. 6(3)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1144. F340
    Words in s. 89(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(3)(a) (with art. 3)
  1145. C38
    S. 146 modified (E.) (6.4.2010) by The Travel Concessions (Eligibility)(England) Order 2010 (S.I. 2010/459), arts. 1(1), 2
  1146. F341
    Word in s. 127(10) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 11(e)
  1147. F342
    Sch. 17 para. 6(2) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1148. C39
    Pt. 2 applied (with modifications) (W.) (28.2.2022) by The South East Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/343), regs. 1(3)(b), 12(2)
  1149. F343
    Sch. 9 para. 3(3)(m) omitted (1.10.2013) by virtue of The Property Misdescriptions Act 1991 (Repeal) Order 2013 (S.I. 2013/1575), art. 1, Sch. para. 3
  1150. F344
    S. 56(5) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(4) (with art. 10)
  1151. F345
    Words in Sch. 26 para. 17(3) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(4)(b) (with Sch. 2 Pts. 1, 2)
  1152. F346
    Word in Sch. 10 para. 10 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1153. F347
    Words in Sch. 10 para. 12(2)(b) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 9(3)
  1154. F348
    Words in s. 174(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 115(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(p)
  1155. F349
    Word in s. 125(2)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(4)(a), 134(4); S.I. 2009/3242, art. 2(1)(a) (with art. 3)
  1156. F350
    Word in s. 124(9) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(6)(b)
  1157. F351
    Sch. 17 para. 3 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1158. F352
    Sch. 17 para. 7(5)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1159. F353
    Sch. 17 para. 18 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1160. F354
    Words in Sch. 12 para. 13 cross-heading omitted (14.4.2024) by virtue of Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 4
  1161. F355
    Words in s. 173(5)(a) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 115(1), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(p)
  1162. F356
    Words in s. 108(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(3)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)
  1163. F357
    Words in s. 193(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 8(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1164. F358
    Words in Sch. 10 para. 13(3)(a) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(p)(iv)
  1165. F359
    Words in s. 165A(1)(b) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 105; S.I. 2009/3318, art. 2(c)
  1166. F360
    Words in s. 86(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(2) (with art. 3)
  1167. F361
    Words in s. 168(4) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 4(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1168. F362
    Words in s. 194(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 146 (with s. 247)
  1169. F363
    Words in s. 130(1) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 30(2), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1170. F364
    Sch. 16 paras. 44-48 repealed (24.7.2005 for the repeal of Sch. 16 paras. 44, 47, 48, 1.12.2006 in so far as not already in force) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.
  1171. F365
    Words in Sch. 7 para. 15(1) inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 252(a) (with Sch. 9 paras. 1-9, 22)
  1172. F366
    S. 19(1)(2) substituted for s. 19(1)-(4) (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 15(2); S.I. 2003/1397, art. 2(1), Sch.
  1173. F367
    S. 124(9A) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(7)
  1174. F368
    Sch. 16 paras. 9-13 repealed (24.7.2005 for the repeal of Sch. 16 paras. 9, 10, 1.12.2006 in so far as not already in force) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.
  1175. F369
    Words in Sch. 12 para. 2(4) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 115(2); S.I. 2009/3318, art. 2(c)
  1176. C40
    Pt. 2: functions made exercisable (8.5.2017) by The Tees Valley Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/431), arts. 1(2), 4(1)(2)
  1177. F370
    Sch. 17 para. 9(4)(b) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1178. F371
    Words in s. 198(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 9; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1179. C41
    S. 175 applied (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 46(3) (with art. 51, Sch. 10 paras. 68, 85)
  1180. F372
    Words in Sch. 26 Pt. 2 heading substituted (E.W.S) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(p)(vi)
  1181. F373
    Words in s. 153(1)(a) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 8(2)
  1182. F374
    Words in s. 164(3) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 136(3)(a) (with s. 247)
  1183. F375
    S. 132(4)(aa) substituted for word in s. 132(4)(a) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(3), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1184. F376
    Sch. 25 para. 12A and cross-heading inserted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(8); S.I. 2005/1909, art. 2, Sch.
  1185. F377
    Sch. 9 para. 3(3)(rb) inserted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 35(b); S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)
  1186. F378
    Words in s. 162(1) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 23(2)
  1187. F379
    Sch. 10 para. 10(a) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 7, Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1188. F380
    Words in Sch. 12 para. 11B(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(6) (with s. 247)
  1189. C42
    S. 154(1): functions made exercisable concurrently (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 24 (with art. 9)
  1190. F381
    Words in s. 124 cross-heading inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 6
  1191. F382
    Words in s. 131E(13) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 15
  1192. F383
    S. 113(1) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 12(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 3); S.I. 2009/579, art. 2(b)
  1193. F384
    Words in Sch. 10 para. 2(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 4(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1194. F385
    S. 117(1)(1A) substituted for s. 117(1) (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 16(1), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
  1195. F386
    Words in s. 164(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 104(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  1196. F387
    Words in Sch. 9 para. 3(2)(k) substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(p)(iii)
  1197. F388
    Word in s. 132B(2)(a) substituted (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), art. 1, Sch. 1 para. 5(g)
  1198. F389
    Words in Sch. 7 para. 13(4) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(3)(c) (with Sch. 2)
  1199. F390
    Words in s. 197(6) substituted (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 7(a)
  1200. F391
    Words in s. 127(8)(b) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1201. C43
    Ss. 113C-123: functions transferred (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2) (with reg. 15(5))
  1202. F392
    Word in s. 155(1)(ba) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 21(2)
  1203. F393
    Sch. 5 para. 3 repealed (14.11.2005) by Civil Contingencies Act 2004 (c. 36), s. 34(1), Sch. 3; S.I. 2005/2040, art. 3(r)
  1204. F394
    S. 124(9B) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 19(6), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1205. F395
    S. 157(1B) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 133(3) (with s. 247)
  1206. C44
    S. 108 modified (W.) (23.11.2006) by The Regional Transport Planning (Wales) Order 2006 (S.I. 2006/2993), arts. 1(2), 3 (with art. 4)
  1207. F396
    Words in s. 93(2)(b) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 20(2)(b); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1208. F397
    Words in Sch. 10 para. 5 inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 6(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1209. C45
    S. 146: power to amend conferred (1.4.2003) by Travel Concessions (Eligibility) Act 2002 (c. 4), ss. 1(4), 2; S.I. 2002/673, art. 2; S.I. 2002/3014, art. 2; S.I. 2002/673, art. 2; S.I. 2002/3014, art. 2
  1210. F398
    S. 165A inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 106, 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  1211. F399
    Words in s. 132D(6) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1212. F400
    Words in Sch. 12 para. 7(5)(c) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 13(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1213. C46
    S. 108 modified (W.) (4.9.2014) by The Regional Transport Planning (Wales) Order 2014 (S.I. 2014/2178), arts. 1(1), 3
  1214. F401
    Words in Sch. 7 para. 13(6) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(3)(d) (with Sch. 2)
  1215. C47
    S. 114(6B) modified (1.2.2010) by The Quality Partnership Schemes (Wales) Regulations 2009 (S.I. 2009/3293), regs. 1(1), 5-7
  1216. F402
    S. 85(1)(c) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 153 (with art. 3)
  1217. F403
    Sch. 28 para. 9 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1218. F404
    Words in s. 166A(1)(b) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 140(2) (with s. 247)
  1219. F405
    Words in s. 86(3) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 14; S.I. 2014/416, art. 2(1)(f) (with Sch.)
  1220. F406
    Words in s. 113(2A)(c) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 127(3) (with s. 247)
  1221. F407
    Words in s. 163(3)(cc) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 135(2) (with s. 247)
  1222. F408
    Words in Sch. 9 para. 5(3) substituted (20.6.2003) by The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 (S.I. 2003/1400), art. 1, Sch. 6
  1223. F409
    Words in s. 85(3) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 23(3)(b); S.I. 2003/1397, art. 2(1), Sch.
  1224. F410
    Words in s. 176(3) renumbered as s. 176(3)(a) (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 116(3)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(q)
  1225. F411
    Words in s. 128(1) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 28(a), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1226. C48
    Pt. 2: transfer of functions (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 7 (with art. 28)
  1227. C49
    S. 138S(8)(b) modified (19.12.2017) by The Franchising Schemes and Enhanced Partnership Schemes (Pension Protection) (England) Regulations 2017 (S.I. 2017/1093), regs. 1(2), 4
  1228. F412
    S. 90(8) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(9)(b), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  1229. F413
    S. 147 heading substituted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 13(3); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1230. F414
    Sch. 12 para. 12(2)(a) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 6(4)(a), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1231. F415
    Sch. 27 para. 1(4)-(6) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1232. F416
    S. 104(2A) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 10; S.I. 2021/748, reg. 2(j)
  1233. F417
    Sch. 17 para. 2(7)(8) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1234. F418
    Words in s. 166(3)(b) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 106(3)(b); S.I. 2009/3318, art. 2(c)
  1235. F419
    Word in s. 194(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 118(4), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(s)
  1236. F420
    Words in Sch. 6 para. 20(6)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 297(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(x)
  1237. F421
    Sch. 17 para. 20(5) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1238. F422
    Ss. 138A-138S and cross-heading inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 9, 26(3)
  1239. F423
    Words in s. 118(4)(a) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1240. F424
    Words in s. 162(1) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 8
  1241. F425
    Word in s. 155(1)(c) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 6
  1242. F426
    S. 212(4) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1243. F427
    Sch. 17 para. 30 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1244. F428
    Words in s. 163(4A) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 135(2) (with s. 247)
  1245. C50
    Pt. 2 applied (with modifications) (30.6.2022) by The North Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/339), regs. 1(3)(b), 12(2)
  1246. F429
    Words in Sch. 7 para. 12(5) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 472(2) (with Sch. 2 Pts. 1, 2)
  1247. F430
    Words in s. 168(2) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 109(b); S.I. 2009/3318, art. 2(c)
  1248. F431
    Word in s. 132A(3)(b) substituted (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), art. 1, Sch. 1 para. 5(f)
  1249. F432
    Words in Sch. 12 para. 2(4) inserted (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 2
  1250. F433
    Words in Sch. 7 para. 15(1) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(5)(a) (with Sch. 2)
  1251. F434
    Words in s. 164(3)(b) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 136(3)(b) (with s. 247)
  1252. C51
    S. 198 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 16 (with art. 7(4))
  1253. F435
    Words in Sch. 7 para. 13(3) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(3)(b) (with Sch. 2)
  1254. F436
    Words in s. 108(1)(a) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(2), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)
  1255. F437
    S. 128(3)(c) and word substituted for words in s. 128(3)(b) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1256. F438
    Words in s. 129(1) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 29(2)(a), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1257. F439
    Words in Sch. 26 para. 15 substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 322(3) (with Sch. 2)
  1258. F440
    Words in s. 166(3)(b) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 139(3)(b) (with s. 247)
  1259. F441
    S. 86(4A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(6) (with art. 3)
  1260. F442
    Words in s. 153(1)(a) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 5
  1261. F443
    S. 124(2A) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(5)
  1262. F444
    Words in s. 168(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 4(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1263. C52
    Ss. 108, 109: functions transferred (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2) (with reg. 15(3))
  1264. F445
    Words in s. 132(4A)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(4)(a), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1265. C53
    S. 108(2A)(a): transfer of functions (30.6.2022) by The Mid Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/342), regs. 1(3)(b), 12(1)
  1266. F446
    S. 125(1A)-(1C) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(3), 134(4); S.I. 2009/3242, art. 2(1)(a) (with art. 3)
  1267. F447
    Words in s. 128(1) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 28(b), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1268. F448
    S. 114(6) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(5), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)
  1269. F449
    S. 227(3) omitted (25.2.2010) by virtue of The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 8(2)
  1270. F450
    Words in Sch. 12 para. 13(5) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 7(5)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1271. F451
    Sch. 9 para. 3(3)(rb) inserted (25.7.2003 for specified purposes, 29.12.2003 for remaining purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 166(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142
  1272. F452
    Words in s. 86(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(5)(a) (with art. 3)
  1273. F453
    Words in s. 176(2) renumbered as s. 176(2)(a) (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 116(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(q)
  1274. F454
    S. 136(3)(c) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1275. F455
    Sch. 17 para. 29 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1276. F456
    Words in s. 112(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 11(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)
  1277. F457
    S. 164(3)(4) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 104(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  1278. F458
    Words in s. 146 substituted (1.4.2003) by Travel Concessions (Eligibility) Act 2002 (c. 4), ss. 1(3), 2; S.I. 2002/673, art. 2; S.I. 2002/3014, art. 2; S.I. 2002/673, art. 2; S.I. 2002/3014, art. 2
  1279. C54
    S. 145A: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(6)
  1280. F459
    Words in Sch. 10 paras. 14A(2)-(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1281. F460
    Sch. 16 para. 51(4)(5) repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1282. F461
    Words in s. 134(2)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 42(4), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1283. F462
    S. 91(5) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(10)(b), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  1284. F463
    Sch. 10 para. 4 repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 5, Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1285. F464
    Words in s. 112(2) substituted by 2010 c. 15 Sch. 26 Pt. 1 para. 48 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2)
  1286. F465
    Words in s. 180(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 6(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
  1287. F466
    Sch. 16 para. 57 repealed (20.6.2003) by The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 (S.I. 2003/1400), art. 1, Sch. 5
  1288. C55
    Sch. 12 para. 11 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 17(c) (with art. 7(4))
  1289. C56
    S. 174 modified (30.5.2024) by The Rixton and Warburton Bridge Order 2024 (S.I. 2024/630), arts. 1, 13(3)
  1290. F467
    S. 127(1B)(a) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 11(d)
  1291. F468
    S. 114(6C) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(7), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)
  1292. F469
    Words in s. 95(6)(a) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 22(4)(a); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1293. F470
    S. 133(2)(ef)-(ei) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 20(d)
  1294. F471
    Words in Sch. 28 para. 10(a) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(9)(b); S.I. 2005/1909, art. 2, Sch.
  1295. F472
    S. 155(4) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(6), 134(4), Sch. 7 Pt. 3; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)
  1296. F473
    S. 170(1A)-(1C) substituted for s. 170(1) (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 111(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
  1297. F474
    Sch. 12 para. 8(4)(aa) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 14(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1298. C57
    S. 109: functions made exercisable (E.) (7.5.2024) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(3), 27(1)-(3)
  1299. F475
    Words in s. 153(3) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 8(3)
  1300. F476
    S. 278(2)(b) and preceding word repealed (E.W.S.) (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1301. F477
    Words in Sch. 28 para. 5(2) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1302. F478
    Sch. 9 para. 3(3)(s) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 1 para. 9(3)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  1303. C58
    S. 184(1) excluded (E.) (1.10.2009) by The Workplace Parking Levy (England) Regulations 2009 (S.I. 2009/2085), regs. 1(1), 3 (with reg. 1(2))
  1304. F479
    Sch. 10 para. 1(2)(aa) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 8(2)(b)
  1305. C59
    S. 154(1): functions made exercisable (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 16
  1306. F480
    Word in Sch. 10 para. 9 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1307. F481
    Sch. 10 Pt. 2 inserted (26.11.2008 for specified purposes, 9.2.2009 for E. in so far as not already in force, 1.4.2009 for W. in so far as not already in force) by Local Transport Act 2008 (c. 26), s. 134(1)(c)(4), Sch. 2 para. 15; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1308. F482
    Words in s. 86(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(3)(c) (with art. 3)
  1309. F483
    Sch. 9 para. 3(2)(g) substituted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 35(a); S.I. 2005/2714, art. 4(f)
  1310. F484
    Words in s. 170(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 111(3)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
  1311. F485
    Words in s. 157(1) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 45(1); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
  1312. F486
    Words in Sch. 10 para. 12(2)(b) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 8(3)
  1313. F487
    Sch. 12 para. 3(1)(aa) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 12(2)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1314. F488
    S. 176(2)(b) and word inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 116(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(q)
  1315. F489
    Words in s. 248(3) substituted (1.8.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(6)(a); S.I. 2006/1951, art. 2(2)(i)
  1316. C60
    Sch. 12 para. 8 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 17(a) (with art. 7(4))
  1317. F490
    Words in s. 132(4A)(c) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(4)(d), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1318. F491
    Words in s. 179(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 5(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
  1319. F492
    S. 163(5B) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 135(3) (with s. 247)
  1320. C61
    S. 162 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 9 (with art. 7(4))
  1321. F493
    Sch. 17 para. 11(3) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1322. F494
    S. 172 heading substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 113(4), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(n)
  1323. F495
    Word in s. 128(3) omitted (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1324. F496
    Words in s. 146 inserted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 2(3)(a), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1325. F497
    Words in s. 94(2)(b) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 21(2); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1326. F498
    Sch. 27 para. 60 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1327. F499
    Words in s. 124(9) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(6)(a)
  1328. F500
    Words in s. 116(2) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
  1329. F501
    Sch. 16 paras. 2-7 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1330. F502
    Words in Sch. 10 para. 16 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(l); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  1331. F503
    Words in s. 174(2)(b) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 115(2)(c), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(p)
  1332. F504
    Words in s. 170(1A)(b) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 143(2) (with s. 247)
  1333. F505
    S. 134(3) inserted (26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 42(5), 134(1)(c)(4); S.I. 2009/3242, art. 2(1)(a)
  1334. F506
    Words in Sch. 10 para. 23(2)(a) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 1 para. 9(4) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  1335. C62
    S. 131E: transfer of functions (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), arts. 1, 2(2)(c) (with Sch. 2)
  1336. C63
    S. 113E(7)(8) restricted (8.2.2018) by The Advanced Quality Partnership Schemes (England) Regulations 2018 (S.I. 2018/21), regs. 1(2), 5(3)
  1337. C64
    S. 136 applied (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 7(3)(d)
  1338. F507
    Sch. 11 para. 11(5)(6) repealed (31.1.2010 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 1; S.I. 2009/3294, art. 2(d)
  1339. F508
    Sch. 17 para. 10 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1340. C65
    Pt. 2 applied (with modifications) (W.) (30.6.2022) by The South West Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/352), regs. 1(3)(b), 12(2)
  1341. F509
    Sch. 17 para. 19 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1342. F510
    Words in s. 193(1) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 112; S.I. 2009/3318, art. 2(c)
  1343. C66
    Pt. 2: transfer of functions (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 8, 9 (with art. 11)
  1344. F511
    Words in s. 164(2) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 136(2) (with s. 247)
  1345. F512
    Words in s. 170(4) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 111(4)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
  1346. F513
    Sch. A1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(4), 21(3)-(7), Sch. 4; S.I. 2021/748, reg. 2(a)
  1347. F514
    Words in s. 174(2)(a) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 115(2)(c), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(p)
  1348. F515
    S. 25 substituted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(4), 21(3)-(7); S.I. 2021/748, reg. 2(b)
  1349. F516
    Words in Sch. 10 para. 12(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(j); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  1350. F517
    Words in s. 28(5)(a) substituted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 4(3)(a); S.I. 2021/748, reg. 2(j)
  1351. F518
    Words in s. 89(5) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(4) (with art. 3)
  1352. F519
    Words in Sch. 10 para. 5 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1353. F520
    S. 132(4A)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 17(b)
  1354. C67
    S. 108: functions made exercisable (E.) (7.5.2024) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(3), 27(1)-(3)
  1355. F521
    Ss. 21-24 omitted (29.6.2021) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 10(3), 21(3)-(7); S.I. 2021/748, reg. 2(b)
  1356. F522
    Words in s. 93(9) substituted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 20(5); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1357. F523
    Words in s. 163(3)(bb) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 135(2) (with s. 247)
  1358. F524
    S. 132(5)(a)-(c) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 17(c)
  1359. F525
    S. 116(4)-(4E) substituted for s. 116(4) (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(5), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
  1360. F526
    Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
  1361. F527
    Word in s. 132A(5) substituted (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), art. 1, Sch. 1 para. 5(f)
  1362. F528
    Sch. 9 para. 3(3)(rg) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 158(c) (with art. 3)
  1363. F529
    Words in s. 216 substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(p)(ii)
  1364. F530
    Words in Sch. 12 para. 3(2) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(2) (with s. 247)
  1365. F531
    S. 7(6A)-(6C) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 1(3); S.I. 2021/748, reg. 2(j)
  1366. F532
    Words in Sch. 26 para. 7(3) substituted (with effect in accordance with s. 52(3) of the amending Act) by Finance Act 2004 (c. 12), Sch. 10 para. 46
  1367. I504
    S. 228 in force at 29.7.2003 by S.I. 2003/1694, art. 2
  1368. F533
    Words in s. 131A(5)(c) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(c)(ii)
  1369. C68
    S. 150 modified (1.4.2011) by The Concessionary Bus Travel Act 2007 (Variation of Reimbursement and Other Administrative Arrangements) Order 2010 (S.I. 2010/1179), arts. 1(3)(b), 3(2)
  1370. F534
    Words in s. 125(1A)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 8(b)
  1371. F535
    S. 127(1)-(1B) substituted for s. 127(1) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(2), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1372. F536
    Word in Sch. 10 para. 7 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1373. F537
    Words in s. 167(1)(a) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 126; S.I. 2015/481, reg. 2(a)
  1374. F538
    S. 127(9)(c) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(7), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1375. F539
    Sch. 12 para. 12(1A) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 6(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1376. F540
    S. 134B inserted (26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 44(1), 134(1)(c)(4); S.I. 2009/3242, art. 2(1)(a)
  1377. F541
    S. 116(6)(c) and word substituted for words in s. 116(6)(b) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1378. F542
    S. 166(3)(4) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 107(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  1379. F543
    Words in Sch. 12 para. 11A(4) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 115(6)(b); S.I. 2009/3318, art. 2(c)
  1380. F544
    Words in s. 162(1) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 7(3)
  1381. F545
    Words in s. 113(2A) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 98(3); S.I. 2009/3318, art. 2(c)
  1382. F546
    Sch. 22 para. 15(5)(6) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1383. F547
    S. 125(2)(c) repealed (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(4)(c), 134(4), Sch. 7 Pt. 2; S.I. 2009/3242, art. 2(1)(a) (with art. 3)
  1384. F548
    S. 10(2)(b)-(d) substituted for s. 10(2)(b) (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 2(3); S.I. 2021/748, reg. 2(j)
  1385. F549
    Word in s. 89(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(8)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  1386. F550
    Sch. 28 para. 4 repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1387. F551
    Sch. 17 para. 9(6)-(8) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1388. F552
    Words in s. 165(3)(b) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 137(3)(b) (with s. 247)
  1389. F553
    Sch. 17 para. 16(b) and preceding word repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1390. C69
    S. 108(1)(a): transfer of functions (W.) (28.2.2022) by The South East Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/343), regs. 1(3)(b), 12(1)
  1391. F554
    Word in s. 87 substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 25; S.I. 2003/1397, art. 2(1), Sch.
  1392. C70
    S. 108(1)(b)(2ZA)(3B): functions made exercisable concurrently (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(3)(4)
  1393. F555
    Words in s. 127(1)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 11(b)
  1394. F556
    Words in s. 198(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 147 (with s. 247)
  1395. F557
    Words in s. 61(6)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 294; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(x)
  1396. F558
    Words in s. 155(1)(b) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 9
  1397. F559
    Words in Sch. 12 para. 11C(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(6) (with s. 247)
  1398. F560
    S. 116(2)(e) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(4), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
  1399. C71
    S. 132B: transfer of functions (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), arts. 1, 2(2)(g) (with Sch. 2)
  1400. F561
    Words in s. 176(3)(a) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 116(3)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(q)
  1401. F562
    Sch. 12 para. 13(2) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 7(3), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1402. F563
    Words in s. 166A(3)(b) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 140(3) (with s. 247)
  1403. F564
    Words in s. 19(2)(b) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 152 (with art. 3)
  1404. F565
    Words in Sch. 10 para. 12(2)(b) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 11(3)
  1405. F566
    Words in s. 168(2) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 109(a); S.I. 2009/3318, art. 2(c)
  1406. F567
    Words in s. 194(2) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 146 (with s. 247)
  1407. F568
    Word in s. 132(4)(aa) substituted (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), art. 1, Sch. 1 para. 5(e)
  1408. F569
    S. 86(3)(c) substituted (31.12.2020) for s. 86(3)(c)(d) by S.I. 2019/93, Sch. 1 para. 9(2)(b) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 21)
  1409. F570
    Sch. B1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(7)(a), 21(3)-(7), Sch. 5; S.I. 2021/748, reg. 2(b)
  1410. F571
    Words in s. 108(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(3)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)
  1411. F572
    S. 139(2)(b) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1412. F573
    S. 135(1A) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 4(3)
  1413. F574
    S. 122(3)-(6) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 18(3), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
  1414. C72
    S. 165 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 11 (with art. 7(4))
  1415. C73
    Ss. 134D-134G applied (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 7(3)(b)
  1416. F575
    S. 149(1) substituted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 3(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1417. F576
    Words in s. 86(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(3)(b) (with art. 3)
  1418. F577
    Sch. 17 Pt. III repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2), Sch. 13 para. 3); S.I. 2006/2911, art. 2, Sch.
  1419. F578
    Words in s. 162(4) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 23(5)
  1420. F579
    Words in s. 103(5) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 9(2)(b); S.I. 2021/748, reg. 2(j)
  1421. F580
    S. 169(5) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 110(4), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
  1422. C74
    S. 108(1)(a): transfer of functions (W.) (30.6.2022) by The South West Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/352), regs. 1(3)(b), 12(1)
  1423. F581
    Words in s. 112(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 11(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)
  1424. F582
    S. 228(3)(b) and word repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1425. C75
    S. 181 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 15 (with art. 7(4))
  1426. F583
    Words in Sch. 10 para. 14 inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 11; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1427. F584
    Sch. 9 para. 3(1)(k) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 1 para. 9(3)(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  1428. F585
    Words in s. 129(2) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 29(3), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1429. F586
    Words in s. 122(1)(d) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1430. F587
    S. 108(4)(cb) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 125 (with s. 247)
  1431. F588
    Words in s. 93(3)(a) substituted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 20(3)(a); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1432. F589
    Words in Sch. 10 para. 6(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(f); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  1433. F590
    Words in s. 133(2)(e) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 20(c)
  1434. F591
    Sch. 22 para. 15(4)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1435. F592
    S. 155(1)(aa) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 65(1), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(f)
  1436. F593
    Words in s. 139(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 4(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
  1437. F594
    Sch. 22 para. 8 omitted (E.W.S.) (25.2.2010) by virtue of The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 8(3)
  1438. F595
    S. 114(3A)-(3D) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(4), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)
  1439. F596
    Word in Sch. 10 para. 6 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1440. F597
    Words in s. 113A(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(6), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)
  1441. F598
    Words in Sch. 10 para. 12(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 9; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1442. F599
    Sch. 27 paras. 25-29 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1443. F600
    Words in s. 162(5) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 46(3)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
  1444. F601
    Words in s. 165(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 105(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  1445. F602
    Words in s. 170(4)(a) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 111(4)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
  1446. F603
    Words in s. 86(7) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(9) (with art. 3)
  1447. F604
    S. 131C omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 14
  1448. F605
    Words in s. 162(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(7), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)
  1449. F606
    Words in s. 85(3) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 23(3)(a), Sch. 26; S.I. 2003/1397, art. 2(1), Sch.
  1450. F607
    Sch. 17 para. 7(8)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1451. F608
    Sch. 27 para. 24(3) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1452. F609
    Word in s. 131E(3)(b) substituted (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), art. 1, Sch. 1 para. 5(c)
  1453. F610
    S. 227(1) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1454. F611
    S. 40A inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 8; S.I. 2021/748, reg. 2(j)
  1455. F612
    Words in s. 109(2B)(a) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 97(3)(b); S.I. 2009/3318, art. 2(c)
  1456. F613
    Sch. 10 para. 3 repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 5, Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1457. F614
    Words in Sch. 12 para. 12(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 6(4)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1458. F615
    Words in s. 147 substituted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 13(2); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1459. F616
    Words in s. 86(4)(a) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 24(3); S.I. 2003/1397, art. 2(1), Sch.
  1460. F617
    Words in s. 86(7)(b) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 14; S.I. 2014/416, art. 2(1)(f) (with Sch.)
  1461. F618
    S. 176(3)(b) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 116(3)(c), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(q)
  1462. F619
    S. 86(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 10(2)(a)
  1463. F620
    Words in s. 155(1)(c) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 18(2), 26(3)
  1464. F621
    Sch. 18 para. 6(3)(a) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1465. I505
    Sch. 31 Pt. IV in force at 15.10.2005 for specified purposes by S.I. 2005/2862, art. 3
  1466. F622
    S. 131D inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 34, 134(4); S.I. 2009/3242, art. 2(1)(a)
  1467. F623
    Words in s. 197(3) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 8(2)(a), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1468. F624
    Sch. 17 para. 4(2)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1469. F625
    Words in s. 162(1) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 10
  1470. C76
    S. 176 applied (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 46(3) (with art. 51, Sch. 10 paras. 68, 85)
  1471. F626
    Words in s. 170(5) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 6(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1472. C77
    S. 124 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 6 (with art. 7(4))
  1473. F627
    Words in Sch. 10 para. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(g); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  1474. F628
    Words in s. 137(4)(d) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(2); S.I. 2005/1909, art. 2, Sch.
  1475. F629
    S. 127(2)(b) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(3), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1476. C78
    S. 114(6B) excluded (E.) (6.4.2009) by The Quality Partnership Schemes (England) Regulations 2009 (S.I. 2009/445), regs. 1(1), 4
  1477. F630
    S. 172A and cross-heading inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 114, 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(o)
  1478. F631
    S. 124(2)(2A) substituted for s. 124(2) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 19(3), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1479. F632
    Words in s. 113(2) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 127(2) (with s. 247)
  1480. F633
    Sch. 22 para. 23(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1481. F634
    S. 113(3) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 12(4), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)
  1482. F635
    Words in s. 198(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 12(6)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 3); S.I. 2009/579, art. 2(b)
  1483. F636
    S. 143B inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 10, 26(3)
  1484. F637
    S. 28(4)(b) substituted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 4(2); S.I. 2021/748, reg. 2(j)
  1485. F638
    Words in s. 148(1) substituted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 14; S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1486. F639
    Words in s. 166(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 107(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  1487. F640
    S. 162(6) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 12(5), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)
  1488. F641
    Words in s. 109(1) inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(3); S.I. 2006/1403, art. 2(2)(c)
  1489. F642
    Words in s. 28(5)(b) substituted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 4(3)(b); S.I. 2021/748, reg. 2(j)
  1490. F643
    Ss. 19A-19F and cross-heading inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 3; S.I. 2021/748, reg. 2(f)
  1491. F644
    Words in s. 162 inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 32(2), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1492. F645
    S. 131F omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 16
  1493. F646
    Words in Sch. 12 para. 8(2)(a) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 8(2)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
  1494. C79
    Act: power to amend conferred (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 138(2)-(7), 339(2)(c); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. paras. 10, 20)
  1495. F647
    S. 166A inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 108, 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  1496. F648
    Words in s. 86(5)(b) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(7)(c) (with art. 3)
  1497. F649
    S. 108(5) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 7(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
  1498. F650
    Sch. 22 para. 24 omitted (25.2.2010) by virtue of The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 8(3)
  1499. F651
    Words in s. 170(7)(a) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 143(3) (with s. 247)
  1500. C80
    Pt. 2: transfer of functions (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 8(1)(b) (with arts. 8(4), 12)
  1501. F652
    Words in Sch. 10 para. 23(2)(c) inserted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 2 para. 10(1)
  1502. F653
    Words in s. 194(1) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 113; S.I. 2009/3318, art. 2(c)
  1503. F654
    Words in Sch. 10 para. 10 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(h); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  1504. F655
    Words in Sch. 12 para. 7(5)(c) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(2) (with s. 247)
  1505. F656
    Word in s. 133(1)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 41(2), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1506. F657
    Words in s. 93(3)(b) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 20(3)(b); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1507. F658
    S. 219 repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 1 para. 36(c), Sch. 13 Pt. 1 (with s. 14(4)(5), 46(4), Sch. 11 para. 11(2), Sch. 13 para. 2); S.I. 2005/2812, art. 2(1), Sch. 1
  1508. F659
    Words in s. 86(4)(b) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 14; S.I. 2014/416, art. 2(1)(f) (with Sch.)
  1509. F660
    Words in s. 65(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(6)(a) (with art. 10)
  1510. F661
    S. 155(1ZD) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 6(5)
  1511. F662
    Sch. 27 para. 55 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1512. F663
    S. 123G(5) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 130 (with s. 247)
  1513. F664
    Words in s. 248(3) repealed (1.8.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(6)(b), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/1951, art. 2(2)(i)
  1514. F665
    S. 162(5B) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 134(3) (with s. 247)
  1515. F666
    S. 251 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1516. F667
    Sch. 16 para. 62 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1517. F668
    Words in s. 162(1) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 23(4)
  1518. F669
    S. 34(1)(2) substituted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(6), 21(3)-(7); S.I. 2021/748, reg. 2(b)
  1519. F670
    S. 40(8)-(16) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 7(7); S.I. 2021/748, reg. 2(j)
  1520. C81
    S. 146: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(6)
  1521. C82
    Act applied (with modifications) (28.2.2022) by The Corporate Joint Committees (Transport Functions) (Wales) Regulations 2021 (S.I. 2021/328), reg. 3, Sch.
  1522. F671
    Word in s. 130(2) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 30(3), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1523. F672
    Words in s. 194(6) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 146 (with s. 247)
  1524. F673
    S. 163(3)(cc) substituted for word (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 103(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  1525. C83
    S. 123X(8)(b) modified (19.12.2017) by The Franchising Schemes and Enhanced Partnership Schemes (Pension Protection) (England) Regulations 2017 (S.I. 2017/1093), regs. 1(2), 4
  1526. F674
    Words in Sch. 9 para. 3(2)(c) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 158(b)(ii) (with art. 3)
  1527. F675
    Words in s. 146 inserted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 2(3)(b), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1528. F676
    S. 163(3)(bb) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 103(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(j)
  1529. I506
    S. 223 in force at 15.10.2005 by S.I. 2005/2862, art. 3
  1530. C84
    Ss. 152-162: functions transferred (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2)
  1531. F677
    S. 127(1)(a) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 11(a)
  1532. F678
    Sch. 9 para. 3(1)(fa) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 76; S.I. 2014/251, art. 4
  1533. C85
    S. 112: functions made exercisable (E.) (7.5.2024) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(3), 27(1)-(3)
  1534. F679
    S. 127(3A) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(6), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1535. F680
    S. 85(1)(a) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 23(2); S.I. 2003/1397, art. 2(1), Sch.
  1536. F681
    S. 160(3) inserted (26.11.2008 for specified purposes, 9.2.2009 for E. in so far as not already in force, 1.4.2009 for W. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 64(14), 134(1)(c)(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)
  1537. F682
    Words in s. 169(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 110(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
  1538. F683
    S. 132D(7) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1539. C86
    S. 154(1): functions made exercisable (E.) (7.5.2024) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(3), 27(1)-(3)
  1540. F684
    Words in Sch. 28 para. 10(b) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(9)(c); S.I. 2005/1909, art. 2, Sch.
  1541. F685
    S. 162(4) entry repealed (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 2; S.I. 2009/3242, art. 2(1)(d)(iv)
  1542. F686
    Words in s. 197(4)(b) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 8(2)(a), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1543. F687
    Ss. 201-211 repealed (26.6.2005 for the repeal of s. 206, 1.12.2006 for the repeal of ss. 201-205, 207-211) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1444, art. 2(2), Sch. 2; S.I. 2006/2911, Sch.
  1544. F688
    S. 155(7) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(10), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)
  1545. F689
    Words in Sch. 12 para. 13(1)(b) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 7(2), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1546. F690
    Words in Sch. 12 para. 11(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 5(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1547. F691
    S. 28(7) substituted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 4(4); S.I. 2021/748, reg. 2(j)
  1548. C87
    S. 109(4): functions made exercisable concurrently (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(3)(4)
  1549. F692
    Words in Sch. 12 para. 10(3) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 4(4)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1550. F693
    S. 66(3)-(3B) substituted for s. 66(3) (19.2.2013) by Civil Aviation Act 2012 (c. 19), ss. 98(1), 110(3)(c) (with Sch. 10 paras. 12, 17, Sch. 14 para. 8)
  1551. F694
    Sch. 22 para. 22 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1552. F695
    S. 133(4)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 20(f)
  1553. C88
    S. 155: transfer of functions (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), arts. 1(1), 2(3)
  1554. F696
    Words in s. 19(1) substituted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 3; S.I. 2021/748, reg. 2(j)
  1555. C89
    S. 134C: power to modify conferred (27.4.2017) by Bus Services Act 2017 (c. 21), ss. 24(3), 26(1)(b)
  1556. F697
    Words in s. 146 substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 44; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
  1557. F698
    Words in s. 48(5) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 218(2) (with arts. 6, 11, 12)
  1558. F699
    Words in Sch. 28 para. 7(1) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1559. F700
    Sch. 17 para. 13 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1560. F701
    Words in s. 132D(5)(b) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1561. F702
    Words in s. 125(1) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(2), 134(4); S.I. 2009/3242, art. 2(1)(a) (with art. 3)
  1562. F703
    Words in s. 89(4)(c) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(3)(c) (with art. 3)
  1563. F704
    S. 124(10) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 2(3), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
  1564. F705
    Words in s. 167(2)(b) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 3; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1565. C90
    Pt. 2: functions made exercisable (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(1)(2)
  1566. C91
    S. 166 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 12 (with art. 7(4))
  1567. F706
    Words in s. 177(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 128(3); S.I. 2015/481, reg. 2(a)
  1568. F707
    S. 135(1)(b) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 3(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
  1569. F708
    S. 155(6A)(6B) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(9), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)
  1570. F709
    Words in s. 113(2) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 98(2); S.I. 2009/3318, art. 2(c)
  1571. F710
    Words in s. 35(3)(c) substituted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 6(2); S.I. 2021/748, reg. 2(j)
  1572. F711
    S. 155(1A)-(1C) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)
  1573. C92
    S. 135: power to modify conferred (27.4.2017) by Bus Services Act 2017 (c. 21), ss. 24(2), 26(1)(b)
  1574. F712
    Sch. 27 para. 14 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1575. F713
    Words in Sch. 7 para. 14(2) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(4) (with Sch. 2)
  1576. F714
    S. 124(2)(c) and word omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(4)(c)
  1577. F715
    Sch. 27 para. 39(5) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1578. F716
    S. 151(12) repealed (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 3; S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1579. C93
    Pt. 2: functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(1)
  1580. F717
    Words in s. 89(1)-(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(2) (with art. 3)
  1581. F718
    Word in Sch. 10 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  1582. F719
    Sch. 27 para. 45 repealed (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 8; S.I. 2004/827, art. 4(i)
  1583. F720
    S. 162(5A) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 101; S.I. 2009/3318, art. 2(c)
  1584. F721
    S. 155(1ZA) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 21(3)
  1585. F722
    Words in s. 263 substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)
  1586. F723
    Words in s. 169(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 110(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
  1587. F724
    S. 153 substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 46(1), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1588. F725
    Sch. 10 Pt. 1 heading substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1589. F726
    Words in s. 170(3)(a) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 111(3)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
  1590. C94
    Ss. 123A-123X: functions transferred (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2)
  1591. F727
    Ss. 25A-25C and cross-heading inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(5), 21(3)-(7); S.I. 2021/748, reg. 2(b)
  1592. F728
    Sch. 31 entry repealed (21.11.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(2), Sch. 2
  1593. F729
    Words in s. 155(6) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 26
  1594. F730
    Sch. 17 para. 2(2)-(5) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1595. F731
    S. 156 repealed (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 4; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
  1596. F732
    Words in s. 86(4)(b) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 10(2)(b)
  1597. F733
    Sch. 16 para. 59 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1598. F734
    Sch. 17 para. 20(2) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1599. F735
    Words in s. 131A(5)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(c)(i)
  1600. F736
    S. 127(10) substituted (26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 26(8), 134(1)(c)(4); S.I. 2009/3242, art. 2(1)(a)
  1601. F737
    S. 141A inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 18(1), 26(3)
  1602. F738
    Sch. 7 para. 2(3) omitted (with effect in accordance with Sch. 2 para. 71 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 70(e)(i)
  1603. F739
    Sch. 9 para. 3(3)(rh) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 13
  1604. F740
    S. 214 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 1 para. 36(b), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1605. F741
    Words in s. 162(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 7(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
  1606. F742
    Words in Sch. 7 para. 15(2) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(5)(b) (with Sch. 2)
  1607. F743
    Words in s. 58(9)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(5) (with art. 10)
  1608. F744
    Sch. 9 para. 3(3)(re) inserted (10.11.2011) by The Airport Charges Regulations 2011 (S.I. 2011/2491), reg. 1(1), Sch. 3 para. 5
  1609. F745
    Words in s. 114(3C) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1610. F746
    S. 40(1)(aa)-(ae) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 7(2); S.I. 2021/748, reg. 2(j)
  1611. F747
    Sch. 18 para. 6(2) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1612. F748
    S. 111 repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(2), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)
  1613. F749
    Words in s. 169(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 110(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
  1614. F750
    S. 95(1)(ca) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 22(2); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1615. C95
    S. 19(2)(a) modified (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 1(1), Sch. 4 para. 17
  1616. F751
    Words in s. 95(6)(d) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 22(4)(c); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1617. F752
    Words in Sch. 12 para. 2(4) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(2) (with s. 247)
  1618. F753
    S. 132(4A) inserted (1.12.2006) by Railways Act 2005 (c. 14), s. 39(4)(c)(5), 60(2); S.I. 2006/2911, art. 2, Sch.
  1619. F754
    Sch. 16 para. 16(3)(a) repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1620. F755
    Words in Sch. 7 para. 17(2) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 472(3)(a) (with Sch. 2 Pts. 1, 2)
  1621. C96
    S. 272 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 5 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 5 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))
  1622. F756
    Words in s. 165(3)(b) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 104(3)(b); S.I. 2009/3318, art. 2(c)
  1623. F757
    Sch. 22 paras. 2-7 repealed (24.7.2005 for the repeal of Sch. 22 paras. 2, 3, 7, 1.12.2006 for remaining repeals) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2), Sch. 13 para. 5); S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, Sch.
  1624. F758
    S. 160(2A) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 22(3)
  1625. F759
    S. 155(1ZB) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 6(4)
  1626. F760
    Words in s. 198(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 7(4), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
  1627. F761
    Sch. 27 para. 30(2) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1628. F762
    Words in s. 168(2) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 142(b) (with s. 247)
  1629. F763
    S. 155(2) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(4), 134(4), Sch. 7 Pt. 3; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)
  1630. F764
    Sch. 17 para. 6(4)(5) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1631. F765
    Sch. 22 para. 8(4)(b) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1632. F766
    S. 117(3)(c) and word substituted for words in s. 117(3)(b) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1633. F767
    Words in Sch. 12 para. 8(3)(aa) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(3) (with s. 247)
  1634. F768
    Words in s. 150(4) substituted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 3(5)(a), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1635. F769
    Words in s. 132(4) substituted (1.12.2006) by Railways Act 2005 (c. 14), ss. 39(4)(b), 60(2); S.I. 2006/2911, art. 2, Sch.
  1636. F770
    S. 228(5) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1637. F771
    Words in s. 162(4) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 46(2)(c); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
  1638. F772
    S. 176(1A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 127; S.I. 2015/481, reg. 2(a)
  1639. F773
    Word in Sch. 10 para. 5 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1640. F774
    Sch. 22 paras. 9-14 repealed (24.7.2005 for the repeal of Sch. 22 paras. 9-13, 1.12.2006 for remaining repeal) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, Sch.
  1641. F775
    Words in Sch. 9 para. 3(1)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 158(a) (with art. 3)
  1642. F776
    Words in s. 125(3)(e) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 8(c)
  1643. F777
    Words in Sch. 10 para. 16(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 14(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1644. F778
    Sch. 12 paras. 14, 15 and cross-heading inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 6
  1645. F779
    Sch. 9 para. 3(2)(b) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 158(b)(i) (with art. 3)
  1646. F780
    S. 129(4) repealed (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 29(4), 134(4), Sch. 7 Pt. 2; S.I. 2009/3242, art. 2(1)(a)
  1647. F781
    S. 131B inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 32(1), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1648. F782
    Words in s. 155(5) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 64(7), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 4); S.I. 2009/579, art. 2(e) (with Sch. para. 2)
  1649. F783
    Words in s. 94(8)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 296; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(x)
  1650. F784
    S. 114(6A)(6B) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(6), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)
  1651. C97
    Ss. 138A-143B: functions transferred (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2)
  1652. F785
    Words in Sch. 26 para. 35(2) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(6)(b) (with Sch. 2 Pts. 1, 2)
  1653. F786
    S. 149(2)(a)(i)(ii) substituted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 3(3), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1654. F787
    S. 167(3)(4) inserted (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 22(2)(b), 30(2)(f)
  1655. F788
    Words in s. 5(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(2) (with art. 10)
  1656. F789
    Sch. 10 para. 1(1)(ba) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 9(2)(a)
  1657. F790
    Sch. 8 para. 10 repealed (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 17 (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 5(1)(b)
  1658. F791
    S. 95(9) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 22(5); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1659. F792
    Sch. 27 para. 46 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1660. F793
    Word in Sch. 10 para. 15 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1661. F794
    S. 194(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 118(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(s)
  1662. F795
    Words in s. 132(2) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 17(a)
  1663. F796
    Word in s. 117(3) omitted (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1664. F797
    Sch. 17 para. 8(4)(5) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1665. F798
    Words in s. 146 substituted (1.5.2010 for specified purposes, 1.4.2011 in so far as not already in force) by The Concessionary Bus Travel Act 2007 (Variation of Reimbursement and Other Administrative Arrangements) Order 2010 (S.I. 2010/1179), arts. 1(2)(b)(3)(a), 2(3) (with art. 3)
  1666. F799
    Ss. 220-222 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1667. F800
    Words in s. 167(2) inserted (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 22(2)(a), 30(2)(f)
  1668. F801
    Words in s. 162(4) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(6), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
  1669. F802
    S. 118(1) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 17(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
  1670. F803
    S. 108(4)(c) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 42; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
  1671. F804
    S. 177A inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 117(1), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(r)
  1672. F805
    Words in s. 93(10)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 295; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(x)
  1673. F806
    S. 155(1)(ba) substituted for word in s. 155(1)(b) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 44(3), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1674. F807
    S. 108(4)(ca) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 96; S.I. 2009/3318, art. 2(c)
  1675. F808
    Words in Sch. 12 para. 8(4)(aa) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(4) (with s. 247)
  1676. F809
    Sch. 17 para. 8(2) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1677. F810
    Words in s. 134(1)(b) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 42(3), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1678. F811
    Words in s. 146 inserted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 2(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1679. C98
    S. 164 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 10 (with art. 7(4))
  1680. F812
    Words in s. 165(2) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 137(2) (with s. 247)
  1681. F813
    Words in s. 109(2A) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 126(2) (with s. 247)
  1682. F814
    Words in Sch. 26 para. 29(2) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(5)(a) (with Sch. 2 Pts. 1, 2)
  1683. F815
    Words in s. 86(4)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 13 para. 6; S.I. 2024/1226, regs. 1(2), 2(1)(17)
  1684. F816
    Words in s. 177A(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 144 (with s. 247)
  1685. C99
    S. 109 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 2 (with art. 7(4))
  1686. F817
    S. 155(1ZE) inserted (26.6.2018) by Bus Services Act 2017 (c. 21), ss. 17(5), 26(2); S.I. 2018/758, reg. 2
  1687. F818
    Words in Sch. 10 para. 5 substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 6(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1688. F819
    Sch. 10 para. 11 repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 8, Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1689. F820
    Words in s. 129(1)(a) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 29(2)(b), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1690. F821
    Words in s. 132(2) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(2), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1691. F822
    Sch. 16 para. 17(5)(a) repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1692. C100
    S. 174 applied (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 46(3) (with art. 51, Sch. 10 paras. 68, 85)
  1693. F823
    Word in s. 86(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(3)(a) (with art. 3)
  1694. F824
    S. 172(2A)(2B) inserted (9.2.2009 for E. in so far as not already in force, 26.11.2008 for specified purposes, 1.4.2009 for W. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 113(2), 134(1)(c)(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(n)
  1695. F825
    S. 108(2ZA)-(2ZC) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(4), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)
  1696. F826
    Words in s. 94(2)(b) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 21(3); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1697. F827
    Words in s. 49(6)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(3) (with art. 10)
  1698. F828
    S. 170(5)(b) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 111(5)(b), 134(4), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 6); S.I. 2009/579, art. 2(l)
  1699. F829
    Sch. 8 para. 14(2) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
  1700. F830
    Sch. 16 para. 17(2)(a) repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1701. F831
    Sch. 18 paras. 7-10 repealed (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 8; S.I. 2004/1572, art. 3(kkk)
  1702. F832
    Words in s. 93(2)(c) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 20(2)(c); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1703. F833
    Words in s. 170(7)(a) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 22(3), 30(2)(f)
  1704. F834
    S. 278(3)(b) and preceding word repealed (E.W.S.) (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1705. F835
    Words in Sch. 12 para. 3(2) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 115(3); S.I. 2009/3318, art. 2(c)
  1706. F836
    Words in s. 134(1)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 42(2), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1707. C101
    S. 108(2A)(a): transfer of functions (W.) (30.6.2022) by The South West Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/352), regs. 1(3)(b), 12(1)
  1708. F837
    Words in Sch. 1 para. 12(6) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(7)(b) (with art. 10)
  1709. F838
    Words in s. 263 inserted (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 125(3)(a), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
  1710. F839
    Sch. 17 para. 14 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1711. F840
    Words in Sch. 7 para. 17(3) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 472(3)(b) (with Sch. 2 Pts. 1, 2)
  1712. F841
    Sch. 16 para. 49(2)(4)(5) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1713. F842
    Sch. 17 para. 7(6)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1714. F843
    Ss. 134C-134G and cross-heading inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 7, 26(3)
  1715. F844
    Word in s. 108(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(3)(c), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)
  1716. F845
    S. 157 heading substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 45(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
  1717. F846
    S. 132B inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 39, 134(4); S.I. 2009/3242, art. 2(1)(a)
  1718. C102
    S. 147 modified (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1)(3); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1719. F847
    Words in s. 166A(1)(b) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 107(2); S.I. 2009/3318, art. 2(c)
  1720. C103
    Pt. 2: functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8
  1721. F848
    S. 114(1A) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 7(3)
  1722. F849
    Words in s. 168(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 4(2)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1723. F850
    Sch. 16 paras. 39-42 repealed (24.7.2005 for the repeal of Sch. 16 paras. 40, 41, 16.10.2005 for the repeal of Sch. 16 para. 39, 1.12.2006 in so far as not already in force) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.
  1724. F851
    Word in s. 133(2)(g) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 41(5)(e), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1725. F852
    Words in s. 124(1) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(2)
  1726. F853
    Words in Sch. 26 para. 29(3) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(5)(b) (with Sch. 2 Pts. 1, 2)
  1727. C104
    S. 149 modified (1.4.2011) by The Concessionary Bus Travel Act 2007 (Variation of Reimbursement and Other Administrative Arrangements) Order 2010 (S.I. 2010/1179), arts. 1(3)(b), 3(2)
  1728. F854
    Words in s. 132A(12) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 18
  1729. F855
    Sch. 16 para. 61 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1730. F856
    Words in s. 132(2) substituted (1.12.2006) by Railways Act 2005 (c. 14), ss. 39(4)(a), 60(2); S.I. 2006/2911, art. 2, Sch.
  1731. F857
    Sch. 10 para. 1(2)(za) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 11(2)(b)
  1732. F858
    Sch. 14 repealed (E.W.S.) (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1733. F859
    Words in Sch. 10 para. 1(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 3(3)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1734. F860
    Sch. 9 para. 3(2)(e) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
  1735. F861
    Words in s. 125(3)(e) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1736. F862
    S. 162(4A) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 46(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1737. F863
    Word in s. 132(5) substituted (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), art. 1, Sch. 1 para. 5(e)
  1738. F864
    Words in Sch. 12 para. 8(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 2(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1739. F865
    Words in Sch. 12 para. 8(4)(a) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 8(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
  1740. C105
    S. 139 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 8 (with art. 7(4))
  1741. F866
    Words in s. 162(1) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 23(3)
  1742. I507
    S. 248 in force at 1.10.2006 by S.I. 2006/1933, art. 2
  1743. C106
    S. 134C(1) functions made exercisable concurrently (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 7(1)(a)
  1744. F867
    Words in Sch. 26 para. 7(4) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(2)(b) (with Sch. 2 Pts. 1, 2)
  1745. F868
    S. 109(2A)-(2D) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 9(4), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)
  1746. F869
    Words in s. 109(2B) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 126(3)(a) (with s. 247)
  1747. F870
    Sch. 5 para. 1(2)(h) repealed (S.) (24.12.2010) by Flood Risk Management (Scotland) Act 2009 (asp 6), s. 97(1), sch. 3 para. 12 (with s. 91); S.S.I. 2010/401, art. 3(h)
  1748. F871
    Words in Sch. 9 para. 3(1)(f) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)
  1749. F872
    S. 95(1)(da)-(dc) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 22(3); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1750. F873
    Words in s. 160(2A) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 7(3)
  1751. F874
    Word in s. 133(2)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 41(5)(a), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1752. F875
    Words in s. 163(6) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1753. F876
    Words in Sch. 3 para. 6 substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(8)(b) (with art. 10)
  1754. F877
    Words in s. 162(5) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 46(3)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
  1755. F878
    S. 70(2)(ca) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 19; S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1756. F879
    Sch. 23 paras. 1-9 repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1757. F880
    Word in s. 131E(5) substituted (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), art. 1, Sch. 1 para. 5(c)
  1758. F881
    Words in s. 162(1) inserted (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 15(b); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1759. C107
    S. 108 applied (with modifications) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 12(1) (with art. 28)
  1760. F882
    Words in s. 126(3) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 21(4), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1761. F883
    S. 124(1A)(1B) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(3)
  1762. F884
    Words in s. 93(4)(b) substituted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 20(4)(c); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1763. F885
    Words in Sch. 10 para. 2(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 4(2)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1764. F886
    S. 124(1)(a)-(e) substituted for s. 124(1)(a)(b) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 19(2), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1765. F887
    S. 132A inserted (26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 38, 134(1)(c)(4); S.I. 2009/3242, art. 2(1)(a)
  1766. F888
    S. 109 heading substituted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(2); S.I. 2006/1403, art. 2(2)(c)
  1767. F889
    S. 272(4)(4A) substituted for s. 272(4) (1.4.2018) by Wales Act 2017 (c. 4), ss. 56(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)
  1768. F890
    Ss. 11-11B substituted for s. 11 (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(1), 21(3)-(7); S.I. 2021/748, reg. 2(a)
  1769. F891
    S. 56(5)(e) substituted (31.1.2015) by The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 (S.I. 2015/17), reg. 1(1), Sch. 6 para. 3
  1770. F892
    Sch. 16 para. 16(2) repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1771. F893
    Sch. 10 para. 14A and cross-heading inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 12; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1772. F894
    Words in Sch. 28 para. 7(2) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1773. F895
    Sch. 9 para. 3(3)(ra) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(11)(a)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  1774. F896
    Words in s. 168(2) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 142(a) (with s. 247)
  1775. C108
    S. 154(1): functions made exercisable concurrently (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 19
  1776. F897
    Words in Sch. 7 para. 11(1)(b) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(2) (with Sch. 2)
  1777. F898
    Sch. 9 para. 3(2)(l) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 22(12); S.I. 2015/1732, art. 2(e)(vi) (with art. 7)
  1778. F899
    Words in s. 126(4)(a) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 21(5)(a), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1779. F900
    Word in Sch. 10 paras. 13-15 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(k); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  1780. F901
    Words in s. 155(1)(ba) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 6(3)
  1781. F902
    Words in Sch. 12 para. 13(1) substituted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 5(a)
  1782. F903
    S. 115(3)(d) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
  1783. F904
    S. 7(5) omitted (29.6.2021) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 1(2); S.I. 2021/748, reg. 2(j)
  1784. F905
    Ss. 123A-123X and cross-heading inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 4, 26(3)
  1785. F906
    Words in s. 167(2)(b) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 108; S.I. 2009/3318, art. 2(c)
  1786. F907
    Words in Sch. 12 para. 3(2) inserted (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 3
  1787. F908
    Words in Sch. 12 para. 13(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 7(4)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1788. F909
    Words in s. 95(6)(c) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 22(4)(b); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1789. F910
    Words in Sch. 3 para. 1 substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(8)(a) (with art. 10)
  1790. F911
    Sch. 27 para. 58 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1791. F912
    Word in s. 19(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 95; S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1792. F913
    Sch. 18 Pt. II repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1793. F914
    Words in s. 109(2B)(c) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 126(3)(c) (with s. 247)
  1794. F915
    Sch. 11 para. 23 repealed (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 3; S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1795. F916
    Words in s. 162(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 134(2) (with s. 247)
  1796. F917
    Words in s. 132(3) substituted (1.12.2006) by Railways Act 2005 (c. 14), ss. 39(4)(b), 60(2); S.I. 2006/2911, art. 2, Sch.
  1797. F918
    Words in Sch. 12 para. 13(5) substituted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 5(c)(ii)
  1798. F919
    Words in s. 91(3)(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 157 (with art. 3)
  1799. F920
    Words in s. 162(1) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 7(2)
  1800. C109
    Pt. 2: functions made exercisable concurrently (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 19(c) (with art. 9)
  1801. F921
    Words in s. 94(3)(a) inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 21(3); S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
  1802. F922
    Words in s. 228(2) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
  1803. C110
    S. 135(1) functions made exercisable concurrently (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 7(1)(b)
  1804. F923
    Sch. 27 para. 41(2) repealed (8.6.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1444, art. 2(1), Sch. 1
  1805. F924
    S. 133(1)(bb)(bc) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 20(b)
  1806. F925
    S. 40(1)(da) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 7(4); S.I. 2021/748, reg. 2(j)
  1807. C111
    Act applied (with modifications) (temp.) by SI 2007/2053 art. 6 (as added) (17.3.2008) by The Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) (Amendment) Order 2008 (S.I. 2008/757), art. 5
  1808. F926
    S. 133(3)(a) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 20(e)
  1809. F927
    S. 177(3A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 128(2); S.I. 2015/481, reg. 2(a)
  1810. F928
    Sch. 11 para. 13 repealed (9.2.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 3; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/3294, art. 2(d)
  1811. F929
    Words in s. 177(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 7; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
  1812. F930
    Words in s. 129(1)(b) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 29(2)(c), 134(4); S.I. 2009/3242, art. 2(1)(a)
  1813. F931
    Sch. 16 para. 14(2) repealed (16.10.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/2812, art. 2(1), Sch. 1
  1814. F932
    Sch. 27 para. 35 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1815. F933
    Words in Sch. 10 para. 13(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 10; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
  1816. F934
    Sch. 16 para. 66 repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1817. F935
    Words in Sch. 12 para. 13(5) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 7(5)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1818. F936
    Words in Sch. 12 para. 10(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 4(4)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
  1819. F937
    Words in s. 181(2)(a) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 7(2)(b), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
  1820. F938
    S. 56(4)(5) substituted for s. 56(4)-(7) (1.10.2007) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 95 (with art. 12)
  1821. F939
    Word in Sch. 10 para. 5 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  1822. F940
    Sch. 16 para. 49(3)(a) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.
  1823. C112
    S. 176 modified (30.5.2024) by The Rixton and Warburton Bridge Order 2024 (S.I. 2024/630), arts. 1, 13(3)
  1824. C113
    S. 109A modified (28.2.2022) by The Corporate Joint Committees (Transport Functions) (Consequential Modifications and Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/188), regs. 1(2), 4(6)(7)
  1825. C114
    S.134C(9)-(11) applied (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 7(3)(a)
  1826. C115
    S. 175 modified (30.5.2024) by The Rixton and Warburton Bridge Order 2024 (S.I. 2024/630), arts. 1, 13(3)
  1827. C116
    Pt. 2: delegation of functions (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(b)
  1828. C117
    Pt. 2: power to amend conferred (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 9(1)(2), 10(1)(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1829. C118
    S. 164(3) excluded by S.I. 2011/41, art. 42A(2) (as inserted (14.9.2016) by The River Mersey (Mersey Gateway Bridge) (Amendment) Order 2016 (S.I. 2016/851), arts. 1, 3(3))
  1830. C119
    S. 108 modified in part (28.2.2022) by The Corporate Joint Committees (Transport Functions) (Consequential Modifications and Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/188), regs. 1(2), 4(1)-(5)
  1831. C120
    Sch. 12 para. 8 excluded by S.I. 2011/41, art. 42A(2) (as inserted) (14.9.2016) by The River Mersey (Mersey Gateway Bridge) (Amendment) Order 2016 (S.I. 2016/851), arts. 1, 3(3)
  1832. F941
    Word in s. 86(4)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 6(4)(a); S.I. 2024/1226, regs. 1(2), 2(1)(16)
  1833. F942
    Word in s. 86(3) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 6(3); S.I. 2024/1226, regs. 1(2), 2(1)(16)
  1834. F943
    Definition of “half-price travel concession” in s. 162(1) omitted (E.) (1.4.2006) by virtue of The Travel Concessions (Extension of Entitlement) (England) Order 2005 (S.I. 2005/3224), arts. 1(3), 3(4) (with art. 3(5)) but subsequently extended (E.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 15(a); S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1835. F944
    Sch. 26 para. 40A and cross-heading inserted (1.12.2003) by the Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (S.I. 2003/2867), reg. 1, Sch. para. 32
  1836. F945
    Words in Sch. 3 para. 6 substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(8)(c) (with art. 10)
  1837. F946
    Word in s. 86(7)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 6(5); S.I. 2024/1226, regs. 1(2), 2(1)(16)
  1838. F947
    Definition of “a half-price travel concession” in s. 146 omitted (E.) (1.4.2006) by virtue of The Travel Concessions (Extension of Entitlement) (England) Order 2005 (S.I. 2005/3224), arts. 1(3), 3(3) (with art. 3(5)) but subsequently extended (E.) (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 2 para. 12; S.I. 2007/2799, arts. 2, 3 (with art. 4)
  1839. F948
    Word in s. 86(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 6(2); S.I. 2024/1226, regs. 1(2), 2(1)(16)
  1840. F949
    S. 144 repealed (31.3.2008 for W., 31.5.2022 for E.) by Traffic Management Act 2004 (c. 18), s. 99(1), Sch. 12 Pt. 1; S.I. 2007/3174, art. 2, Sch.; S.I. 2022/66, arts. 1(2), 2(2)(d) (with art. 3(4)-(10))
  1841. F950
    Word in s. 86(4)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 6(4)(b); S.I. 2024/1226, regs. 1(2), 2(1)(16)
  1842. C121
    Ss. 112-159: transfer of functions (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 7
  1843. C122
    Ss. 108, 109: transfer of functions (with modifications) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 7
  1844. C123
    Pt. 2: functions made exercisable (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 7
  1845. C124
    Pt. 2: transfer of functions (with modifications) (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 10
  1846. C125
    Pt. 2: functions made exercisable (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 14
  1847. C126
    Pt. 2: functions made exercisable (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 10
  1848. C127
    Pt. 3 Chs. 2, 3: functions made exercisable concurrently (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 17
  1849. C128
    Pt. 3 Chs. 2, 3: functions made exercisable concurrently (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 13
  1850. C129
    S. 154(1): functions made exercisable concurrently (with modifications) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 10
  1851. C130
    S. 154(1): functions made exercisable concurrently (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 18
  1852. F951
    S. 86(8) inserted (1.1.2025 for specified purposes, 6.4.2025 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 29 para. 2; S.I. 2024/1226, regs. 1(2), 2(1)(21); S.I. 2025/272, reg. 2(1)(13)
  1853. F952
    Sch. 9 para. 3(3)(sa) omitted (6.4.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 27(b); S.I. 2025/272, reg. 2(1)(14)
  1854. F953
    S. 98(1A) inserted (15.8.2025) by The Transport Act 2000 (Air Traffic Services) (Amendment) Order 2025 (S.I. 2025/629), arts. 1(1), 2(3)
  1855. F954
    S. 98(1)(f) inserted (15.8.2025) by The Transport Act 2000 (Air Traffic Services) (Amendment) Order 2025 (S.I. 2025/629), arts. 1(1), 2(2)
  1856. F955
    Ss. 144F, 144G and cross-heading inserted (27.10.2025 for the purposes of making regulations) by Bus Services Act 2025 (c. 24), ss. 34(2), 41(5)
  1857. F956
    S. 151A and cross-heading inserted (27.10.2025 for the purposes of making regulations) by Bus Services Act 2025 (c. 24), ss. 37(2), 41(5)
  1858. F957
    Words in s. 160(2) substituted (27.10.2025 for the purposes of making regulations) by Bus Services Act 2025 (c. 24), ss. 37(4)(a), 41(5)
  1859. F958
    Words in s. 160(2A) substituted (27.10.2025 for the purposes of making regulations) by Bus Services Act 2025 (c. 24), ss. 37(4)(b), 41(5)
  1860. F959
    Words in Sch. 9 para. 3(3)(ri)(ii) omitted (6.4.2025 for specified purposes, 1.1.2026 for specified purposes) by virtue of The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025 (S.I. 2025/381), reg. 1(2)(4), Sch. para. 16
  1861. F960
    S. 123C heading substituted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 1(3)(c), 41(5); S.I. 2026/46, reg. 2(a)
  1862. F961
    Sch. 9A inserted (26.1.2026) by Bus Services Act 2025 (c. 24), s. 41(5), Sch. (with s. 3(4)); S.I. 2026/46, reg. 2(o) (with reg. 5)
  1863. F962
    S. 123MA inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 11(3), 41(5); S.I. 2026/46, reg. 2(i) (with reg. 5)
  1864. F963
    S. 154A inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 23, 41(5); S.I. 2026/46, reg. 2(m)
  1865. F964
    S. 123A(4) substituted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 1(2), 41(5); S.I. 2026/46, reg. 2(a)
  1866. F965
    S. 123B(3)(b) substituted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 12(2)(a), 41(5); S.I. 2026/46, reg. 2(j)
  1867. F966
    Word in s. 123B(7)(b) omitted (26.1.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 12(2)(b)(i), 41(5); S.I. 2026/46, reg. 2(j)
  1868. F967
    S. 123B(7)(ba) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 12(2)(b)(ii), 41(5); S.I. 2026/46, reg. 2(j)
  1869. F968
    Words in s. 123C(4) substituted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 1(3)(b), 41(5); S.I. 2026/46, reg. 2(a)
  1870. F969
    S. 123C(1)-(3) omitted (26.1.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 1(3)(a), 41(5); S.I. 2026/46, reg. 2(a)
  1871. F970
    Words in s. 123E(4)(a) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 5(2), 41(5); S.I. 2026/46, reg. 2(e)
  1872. F971
    S. 123E(4)(da) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 10, 41(5); S.I. 2026/46, reg. 2(h)
  1873. F972
    S. 123E(4)(db) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 12(3)(a), 41(5); S.I. 2026/46, reg. 2(j)
  1874. F973
    Word in s. 123E(5)(e) omitted (26.1.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 12(3)(b)(i), 41(5); S.I. 2026/46, reg. 2(j)
  1875. F974
    S. 123E(5)(ea) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 12(3)(b)(ii), 41(5); S.I. 2026/46, reg. 2(j)
  1876. F975
    S. 123H(2A) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 2, 41(5); S.I. 2026/46, reg. 2(b)
  1877. F976
    S. 123H(2B) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 3(1), 41(5) (with s. 3(2)(3)); S.I. 2026/46, reg. 2(c)
  1878. F977
    S. 123H(4) omitted (26.1.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 4(1), 41(5) (with s. 4(2)(3)); S.I. 2026/46, reg. 2(d)
  1879. F978
    S. 123J(8) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 8(3), 41(5); S.I. 2026/46, reg. 2(g)
  1880. F979
    Word in s. 123J(5)(a) omitted (26.1.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 8(2)(a), 41(5); S.I. 2026/46, reg. 2(g)
  1881. F980
    S. 123J(5)(c) and word inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 8(2)(b), 41(5); S.I. 2026/46, reg. 2(g)
  1882. F981
    Words in s. 123M(3) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 11(2)(a), 41(5); S.I. 2026/46, reg. 2(i) (with reg. 5)
  1883. F982
    S. 123M(4) omitted (26.1.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 11(2)(b), 41(5); S.I. 2026/46, reg. 2(i) (with reg. 5)
  1884. F983
    Words in s. 123M(7) substituted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 11(2)(c), 41(5); S.I. 2026/46, reg. 2(i) (with reg. 5)
  1885. F984
    S. 123M(8)(9) omitted (26.1.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 11(2)(d), 41(5); S.I. 2026/46, reg. 2(i) (with reg. 5)
  1886. F985
    Words in s. 123N(2)(a) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 5(3), 41(5); S.I. 2026/46, reg. 2(e)
  1887. F986
    Words in s. 123O(3) omitted (26.1.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 22(7), 41(5); S.I. 2026/46, reg. 2(l)
  1888. F987
    S. 123Q(5A)(5B) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 6(2), 41(5) (with s. 6(6)); S.I. 2026/46, reg. 2(f)
  1889. F988
    S. 123Q(8) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 6(4), 41(5) (with s. 6(6)); S.I. 2026/46, reg. 2(f)
  1890. F989
    Words in s. 123Q(5)(a) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 5(4), 41(5); S.I. 2026/46, reg. 2(e)
  1891. F990
    Words in s. 123Q(6) substituted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 6(3), 41(5) (with s. 6(6)); S.I. 2026/46, reg. 2(f)
  1892. F991
    Words in s. 123R(5)(a) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 5(5), 41(5); S.I. 2026/46, reg. 2(e)
  1893. F992
    Words in s. 123S(2)(a) substituted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 6(5)(a), 41(5) (with s. 6(6)); S.I. 2026/46, reg. 2(f)
  1894. F993
    S. 123S(2)(aa) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 6(5)(a), 41(5) (with s. 6(6)); S.I. 2026/46, reg. 2(f)
  1895. F994
    S. 143A(5) omitted (26.1.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 1(4), 41(5); S.I. 2026/46, reg. 2(a)
  1896. F995
    Word in s. 160(2) omitted (26.1.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 1(5), 41(5); S.I. 2026/46, reg. 2(a)
  1897. F996
    Word in s. 160(2A) omitted (26.1.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 1(5), 41(5); S.I. 2026/46, reg. 2(a)
  1898. F997
    Words in s. 162(1) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 12(4), 41(5); S.I. 2026/46, reg. 2(j)
  1899. C131
    S. 109: functions made exercisable concurrently (24.2.2026) by The Cumbria Combined Authority Order 2026 (S.I. 2026/158), arts. 1(2), 8
  1900. C132
    S. 109: functions made exercisable (24.2.2026) by The Cheshire and Warrington Combined Authority Order 2026 (S.I. 2026/159), arts. 1(2), 9
  1901. C133
    S. 108: functions made exercisable concurrently (24.2.2026) by The Cumbria Combined Authority Order 2026 (S.I. 2026/158), arts. 1(2), 8
  1902. C134
    S. 108: functions made exercisable (24.2.2026) by The Cheshire and Warrington Combined Authority Order 2026 (S.I. 2026/159), arts. 1(2), 9
  1903. C135
    S. 112: functions made exercisable concurrently (24.2.2026) by The Cumbria Combined Authority Order 2026 (S.I. 2026/158), arts. 1(2), 8
  1904. C136
    S. 112: functions made exercisable (24.2.2026) by The Cheshire and Warrington Combined Authority Order 2026 (S.I. 2026/159), arts. 1(2), 9
  1905. C137
    S. 109: functions made exercisable concurrently (26.3.2026) by The Sussex and Brighton Combined County Authority Regulations 2026 (S.I. 2026/362), regs. 1(2), 8(b)
  1906. C138
    S. 108: functions made exercisable concurrently (26.3.2026) by The Sussex and Brighton Combined County Authority Regulations 2026 (S.I. 2026/362), regs. 1(2), 8(a)
  1907. C139
    S. 112: functions made exercisable concurrently (26.3.2026) by The Sussex and Brighton Combined County Authority Regulations 2026 (S.I. 2026/362), regs. 1(2), 8(c)
  1908. C140
    S. 138K(3) applied (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 14(4), 41(5); S.I. 2026/46, reg. 3(a)
  1909. F998
    S. 113BA and cross-heading inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 21, 41(5); S.I. 2026/46, reg. 3(h)
  1910. F999
    S. 138KA inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 17, 41(5); S.I. 2026/46, reg. 3(d)
  1911. F1000
    S. 138CA inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 18(2), 41(5); S.I. 2026/46, reg. 3(e)(i)
  1912. F1001
    S. 138A(4A) inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 14(2)(b), 41(5); S.I. 2026/46, reg. 3(a)
  1913. F1002
    S. 138A(15) inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 14(2)(c), 41(5); S.I. 2026/46, reg. 3(a)
  1914. F1003
    S. 138A(3)(ba) inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 14(2)(a), 41(5); S.I. 2026/46, reg. 3(a)
  1915. F1004
    Words in s. 138A(6)(b) substituted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 15(2), 41(5); S.I. 2026/46, reg. 3(b)
  1916. F1005
    Words in s. 138A(5)(b) substituted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 18(5), 41(5); S.I. 2026/46, reg. 3(e)(ii)
  1917. F1006
    S. 138C(9A) inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 14(3), 41(5); S.I. 2026/46, reg. 3(a)
  1918. F1007
    S. 138C(9) substituted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 16, 41(5); S.I. 2026/46, reg. 3(c)
  1919. F1008
    Words in s. 138D(2)(a) omitted (1.4.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 15(3), 41(5); S.I. 2026/46, reg. 3(b)
  1920. F1009
    S. 138F(4A) inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 19(2)(b), 41(5); S.I. 2026/46, reg. 3(f)
  1921. F1010
    S. 138F(6)(ba) inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 18(3), 41(5); S.I. 2026/46, reg. 3(e)(i)
  1922. F1011
    S. 138F(2)(c) substituted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 19(2)(a), 41(5); S.I. 2026/46, reg. 3(f)
  1923. F1012
    Words in s. 138F(5) substituted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 19(2)(c), 41(5); S.I. 2026/46, reg. 3(f)
  1924. F1013
    S. 138G(3A) inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 19(3)(b), 41(5); S.I. 2026/46, reg. 3(f)
  1925. F1014
    S. 138G(3)(c) substituted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 19(3)(a), 41(5); S.I. 2026/46, reg. 3(f)
  1926. F1015
    Words in s. 138G(4) substituted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 19(3)(c), 41(5); S.I. 2026/46, reg. 3(f)
  1927. F1016
    S. 138L(4A) inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 19(4)(b), 41(5); S.I. 2026/46, reg. 3(f)
  1928. F1017
    S. 138L(2)(c) substituted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 19(4)(a), 41(5); S.I. 2026/46, reg. 3(f)
  1929. F1018
    Words in s. 138L(5) substituted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 19(4)(c), 41(5); S.I. 2026/46, reg. 3(f)
  1930. F1019
    S. 138M(4A) inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 19(5)(b), 41(5); S.I. 2026/46, reg. 3(f)
  1931. F1020
    S. 138M(4)(d) substituted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 19(5)(a), 41(5); S.I. 2026/46, reg. 3(f)
  1932. F1021
    S. 138M(8)(c) omitted (1.4.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 19(5)(c), 41(5); S.I. 2026/46, reg. 3(f)
  1933. F1022
    S. 138O(7A)(7B) inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 19(6)(c), 41(5); S.I. 2026/46, reg. 3(f)
  1934. F1023
    S. 138O(7)(a) omitted (1.4.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 19(6)(a), 41(5); S.I. 2026/46, reg. 3(f)
  1935. F1024
    S. 138O(7)(d) substituted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 19(6)(b), 41(5); S.I. 2026/46, reg. 3(f)
  1936. F1025
    S. 138O(11)(c) omitted (1.4.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 19(6)(d), 41(5); S.I. 2026/46, reg. 3(f)
  1937. F1026
    S. 143B(4A)(4B) inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 20, 41(5); S.I. 2026/46, reg. 3(g)