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2004 No. 10

PUBLIC PASSENGER TRANSPORT, ENGLANDAND WALES

The Public Service Vehicles (Registration of Local Services) (Amendment) (England and Wales) Regulations 2004

  Made 19th January 2004 
  Laid before Parliament 21st January 2004 
  Coming into force 23rd February 2004 

The Secretary of State for Transport, in exercise of the powers conferred by section 60(1) and (1A) of the Public Passenger Vehicles Act 1981[1] and section 6(2), (3), (8) and (9) of the Transport Act 1985, and after consultation with representative organisations in accordance with section 61(2) of the Public Passenger Vehicles Act 1981, hereby makes the following Regulations:

Citation, commencement and extent
     1.  - (1) These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Amendment) (England and Wales) Regulations 2004 and shall come into force on 23rd February 2004.

    (2) These Regulations extend to England and Wales only[
2].

Amendment of the principal Regulations
     2.  - (1) The Public Service Vehicles (Registration of Local Services) Regulations 1986[3] ("the principal Regulations") are amended as provided in regulations 3 to 12.

    (2) A reference in regulations 3 to 12 below to a regulation or schedule is a reference to a regulation of, or schedule to, the principal Regulations.

Amendment of interpretation provisions
     3.  - (1) Regulation 2 (interpretation) is amended as provided in this regulation.

    (2) In paragraph (1), after the definition of "bank holiday", there is inserted - 

    (3) In the Table in paragraph (2), item 2 is omitted.

    (4) After paragraph (2), there is inserted - 

Amendment of the requirements for applications
     4. For paragraphs (1) and (2) of regulation 3 (applications for registration) there are substituted - 

Amendment of prescribed particulars
     5.  - (1) For regulation 4 (prescribed particulars) there is substituted - 

    (2) For the Schedule (particulars of the service) there is substituted the Schedule hereto.

Amendment of general notice periods
    
6. For regulation 5 (periods of notice) there is substituted - 

Amendment of regulation 7 (alteration of notice periods at a traffic commissioner's discretion)
     7. In regulation 7(2)(b), for "service" there is substituted "standard service".

Amendment of regulation 8 (exclusions from notice requirements)
    
8. In regulation 8, for paragraph (2) there is substituted - 

Spent provision in regulation 9 (minor variations of registered services)
    
9. Regulation 9(2)(e) is omitted.

Fees
    
10. For regulation 12(3) (applications on which no fee is payable) there is substituted - 

Amendment of requirements to display service information
    
11. For regulation 13 there is substituted - 

Service records
    
12. There is inserted at the end - 

Transitional provisions
    
13.  - (1) This regulation applies in relation to a service (the "current service") which, immediately before the date on which these Regulations come into force, is registered under section 6 of the Transport Act 1985[8] in accordance with the provisions of the principal Regulations in force at that time.

    (2) Where this regulation applies, until the date specified in paragraph (3) - 

    (3) The date referred to is the date on which the first variation of the registration after the coming into force of these Regulations becomes effective under section 6(8) of the Transport Act 1985.

    (4) For the purposes of paragraph (3), a variation made in any of the circumstances described in regulations 7(2) and 8(2)(c) of the principal Regulations (as they have effect in relation to a current service) shall be ignored.

    (5) The provisions referred to in paragraph (2)(a) are - 



Signed by authority of the Secretary of State


Tony McNulty
Parliamentary Under Secretary of State, Department for Transport

19th January 2004



SCHEDULE
Regulation 5(2)


SUBSTITUTED SCHEDULE TO THE PRINCIPAL REGULATIONS






EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations further amend the Public Service Vehicles (Registration of Local Services) Regulations 1986 by: - 

The Regulations also contain transitional provisions to preserve the validity of an existing registration until such time as an application made to vary the registration takes effect. There are some exceptions to that rule (regulation 13).

A Regulatory Impact Assessment covering these Regulations and the contemporaneous Bus Service Operators Grant (Amendment) (England) Regulations 2004 has been prepared and copies may be obtained from the Buses and Taxis Division of the Department for Transport, Zone 3/13, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone number 020 7944 2275) or viewed on the Department's website,
www. dft.gov.uk. A copy has been placed in the libraries of both Houses of Parliament.


Notes:

[1] 1981 c. 14 (in the footnotes called "the 1981 Act"). In section 60: subsection (1) was amended by the Transport Act 1985 (c. 67, in the footnotes called "the 1985 Act"), sections 134(2) and 139, Schedule 7, paragraph 21(9), and Schedule 8, and by the Deregulation and Contracting Out Act 1994 (c. 40), section 66(5), and subsection (1A) was inserted by the 1985 Act, section 134(1). Section 61(2) was amended by the 1985 Act, section 139 and Schedule 8. By virtue of sections 134(1) and 135(1) of the 1985 Act, sections 60 and 61 of the 1981 Act have effect as if Parts I and II of the 1985 Act were contained in the 1981 Act. For the definition of "prescribed" see section 60(2) of the 1981 Act as amended by the 1985 Act, section 134(2).back

[2] Competence to make regulations in respect of Scotland has been devolved by virtue of section 53 of the Scotland Act 1998 (c. 46).back

[3] S.I. 1986/1671. The relevant amendments are by S.I. 1988/1879, 1989/1064, 2002/182 and 2002/2536.back

[4] 1993 c. 43. Section 45(2)(b) was amended by the Transport Act 2000 (c. 38), sections 215(1) and 252, and by Schedule 16, paragraphs 8 and 29, and Schedule 27, paragraphs 17 and 27, to that Act.back

[5] 1999 c. 29.back

[6] As to the creation of the South-Eastern and Metropolitan Traffic Area see the Traffic Areas (Reorganisation) Order 1990 (S.I. 1991/288).back

[7] I.e. the Transport Act 1985.back

[8] 1985 c. 67.back



ISBN 0 11 048454 1


  © Crown copyright 2004

Prepared 26 January 2004


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URL: http://www.bailii.org/uk/legis/num_reg/2004/20040010.html