Local Transport Act 2008 in Scotland
2008 c. 26 · Enacted 26 November 2008 · Extends to United Kingdom
An Act to make further provision in relation to local transport authorities, the provision and regulation of road transport services and the subsidising of passenger transport services; to amend sections 74, 75 and 79 of the Transport Act 1985; to make provision for or in relation to committees which represent the interests of users of public transport; to rename Passenger Transport Authorities as Integrated Transport Authorities and to make further provision in relation to them; to make further provision in relation to charging for the use of roads; to make provision about the meaning of “street works” and “street works licence” in Part 3 of the New Roads and Street Works Act 1991; to amend Part 6 of the Traffic Management Act 2004 and section 90F of the Road Traffic Offenders Act 1988; to make provision in relation to the acquisition, disclosure and use of information relating to vehicles registered outside the United Kingdom; and for connected purposes.
[26th November 2008]
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:—C1C2
Annotations to the whole text
Modifications
- C1
Act: transfer of functions (1.9.2009) by Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), arts. 1(1), 2(3)
- C2
Act applied (with modifications) (29.4.2026) by 2009 c. 20, s. 104(3A)-(3C) (as inserted by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 11 para. 5(2) (with s. 102))
Contents
- Part 1: The traffic commissioners
- 1Traffic areas
- 2Traffic commissioners
- 3The senior traffic commissioner
- 4Amendments of Schedule 2 to the PPVA 1981
- 5Transitional provision for existing traffic commissioners etc
- 6Consequential amendments
- 7Local transport policies
- 8Nature of duty to develop transport policies
- 9Local transport plans
- 10Bus strategies no longer required
- 11Duty to have regard to transport needs of disabled persons
- 12Development of policies by ITA no longer joint duty with district councils
- Quality partnership schemes
- 13Quality partnership schemes
- 14Notice and consultation requirements
- 15Making a scheme: different dates for different facilities or standards etc
- 16Postponement of provision of particular facilities or standards of service
- 17Effect of scheme: different dates for different facilities or standards etc
- 18Regulations about schemes which specify frequencies, timings or fares
- Quality contracts schemes
- 19Quality contracts schemes
- 20Notice and consultation requirements
- QCS boards for England and approval by Welsh Ministers in Wales
- 21Approval of proposed schemes: required for areas in Wales only
- Making and duration of quality contracts schemes
- 26Making of scheme
- 28Postponement of scheme in part
- 29Effect of scheme: different operational dates and excepted services
- 30Extension of maximum period of quality contracts
- Continuation of quality contracts schemes
- 31Continuation of schemes for further periods
- 32Exempt continuation proposals
- 34Continuation of schemes for areas in Wales: procedure
- 35Appeals where proposed continuation considered exempt
- Variation or revocation of quality contracts schemes
- 37Variation or revocation of scheme
- 38Appeals where proposed variation considered exempt
- 39Exemption from s.132 for specific variations directed by Transport Tribunal
- Quality contracts schemes: miscellaneous and supplementary provisions
- 40Power of authorities to provide services in exceptional circumstances
- 41Regulations about schemes
- 42Power to make transitional provision about schemes
- 43Guidance about schemes
- 44Quality contracts: application of TUPE
- 45Power to make traffic regulation orders
- Extension of the competition test
- 46Competition scrutiny of functions and agreements relating to buses
- Part 4: General provisions relating to passenger transport
- Detention of certain PSVs
- 47Detention of certain PSVs used without PSV operators' licences
- 48Determination of applications for registration where restrictions in force
- 49Applications for registration where quality contracts scheme in force
- 50Traffic regulation conditions for anticipated traffic problems
- 51Transport Tribunal to decide appeals against traffic regulation conditions
- 52Fees for registration of services
- Use of taxis and hire cars to provide local services
- 53Use of private hire vehicles to provide local services
- 54Application of certain provisions about taxis and hire cars to London
- 55Carrying of passengers in wheelchairs in vehicles providing local services
- 56Carrying of passengers in wheelchairs: supplementary provisions
- Vehicles used under permits
- 57Permits in relation to use of vehicles by educational and other bodies
- 58Further provision with respect to such permits
- 59Relaxation of rules relating to community bus services
- 60Power to limit permits under section 19 or 22 of TA 1985 to 5 years
- 61Traffic commissioners to keep records about such permits
- 62Attachment of conditions to related licences
- 63Powers of traffic commissioners where services not operated as registered
- 64Additional sanctions for failures by bus operators
- 65Operational data
- 66Revival of certain powers of PTEs
- Subsidised services
- 68Subsidy to secure passenger transport services in other areas
- 71Removal of certain disabilities and requirements for consent
- Transport users' advisory committees etc
- 72The Disabled Persons Transport Advisory Committee: remuneration
- 74Power to confer non-rail functions on the Rail Passengers' Council
- 75Power to require display of certain information
- 76Appeals to the Transport Tribunal Repealed
- Chapter 1: Introductory
- 77Change of name of passenger transport areas and PTAs
- Chapter 2: Arrangements relating to Integrated Transport Authorities
- Establishment of new ITA by order
- 78Power to establish a new ITA
- 79Provision that may be made in an order under section 78
- 80Authorities' review: new ITA
- 81Secretary of State's power to direct a review: new ITA
- Other powers to make orders about arrangements relating to an ITA
- 82Authorities' review of arrangements
- 83Secretary of State's power to direct a review of arrangements
- 84Constitutional arrangements
- 85Provision that may be made in an order under section 84: membership of ITA
- 86Delegation of functions of the Secretary of State
- 87Delegation of local authority functions
- 88Conferral of a power to direct
- 89Contravention of an order under section 88
- 89ATransfer of functions of combined authority
- 89BTransfer of functions of combined county authority
- 91Dissolution of an integrated transport area
- Further provision about orders
- 92Orders under sections 84 to 91
- 93Incidental etc provision
- 94Procedure for orders under this Chapter
- Directions and guidance
- 95Further provision about directions
- 96Guidance
- Power to change name
- 97Change of name of ITA
- Amendment of power to reorganise functions
- 98Amendment of power to reorganise functions
- Chapter 3: Power to promote well-being
- 99Power to promote well-being
- 100Limits on power to promote well-being
- 101Power to amend or repeal enactments
- 102Procedure for orders under section 101
- 102AApplication of Chapter to combined authorities and combined county authorities
- Chapter 4: General powers
- 102BPowers of Integrated Transport Authorities
- 102CBoundaries of power under section 102B
- 102DPower to make provision supplemental to section 102B
- Establishment and constitution of STBs
- 102EPower to establish STBs
- 102FRequirements in connection with regulations under section 102E
- 102GConstitution of STBs
- Functions
- 102HGeneral functions
- 102ITransport strategy of an STB
- 102KOther public authority functions
- 102LFunding
- General powers etc
- 102MGeneral powers
- 102NBoundaries of power under section 102M
- 102OPower to make provision supplemental to section 102M
- 102PPower of direction
- Boundary and name changes
- 102QChange to boundaries of an STB's area
- 102RChange of name
- Supplementary
- 102SIncidental etc provision
- 102TProcedure for regulations under this Part
- Part 6: Local and London charging schemes
- 103Power of ITAs to make charging schemes
- 104Local charging schemes to implement policies of ITAs
- 105Joint local charging schemes to implement policies of ITAs
- 106Joint local-ITA charging schemes
- 107Joint local-London charging schemes to implement policies of ITAs
- 108Joint ITA-London charging schemes
- 109Consequential amendments
- Miscellaneous amendments
- 119Information: Scotland
- Part 7: Miscellaneous provisions
- Trunk road charging schemes in Wales
- 122Powers of the National Assembly for Wales
- 124Reinstatement and remedial works
- Goods vehicles
- 125Vehicles authorised to be used under operator's licence
- 126Vehicles used without operator's licence: power to return detained vehicles
- Civil enforcement of traffic contraventions
- 128Financial penalty deposits: powers of vehicle examiners in Scotland
- Foreign-registered vehicles
- 129Disclosure of information relating to foreign-registered vehicles
- 130Use of information relating to foreign-registered vehicles
- Part 8: Supplementary provisions
- 132Interpretation
- 133Extent
- 134Commencement
- 135Short title
- 1Paragraph 1
- Quality contracts schemes
- 2Paragraph 2
- Joint and through ticketing schemes
- 3Paragraph 3
- Information about bus services
- 4Paragraph 4
- Local licensing schemes
- 5Paragraph 5
- Joint local licensing schemes
- 6Paragraph 6
- Joint local-London licensing schemes
- 7Paragraph 7
- Financial provisions relating to road user charging and workplace parking levy
- 8Paragraph 8
- 1Paragraph 1
- Test for the exercise of functions by local authorities
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- New test for certain agreements, decisions and practices
- 15Paragraph 15
- Schedule heading
- 16Paragraph 16
- Schedule 3: Detention of certain PSVs used without PSV operators' licences
- Paragraph
- Part 1: Amendments of the Transport Act 1968
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part 2: Amendments of the Transport Act 1985
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- Part 3: Amendments of the Transport Act 2000
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- Part 4: Other amendments
- Local Government Act 1972 (c. 70)
- 48Paragraph 48
- Race Relations Act 1976 (c. 74)
- 49Paragraph 49 Repealed
- Transport Act 1983 (c. 10)
- 50Paragraph 50
- Road Traffic Regulation Act 1984 (c. 27)
- 51Paragraph 51
- Rates Act 1984 (c. 33)
- 52Paragraph 52
- Local Government Act 1985 (c. 51)
- 53Paragraph 53
- Airports Act 1986 (c. 31)
- 54Paragraph 54
- Local Government Act 1988 (c. 9)
- 55Paragraph 55
- Local Government Finance Act 1988 (c. 41)
- 56Paragraph 56
- Local Government and Housing Act 1989 (c. 42)
- 57Paragraph 57
- Railways Act 1993 (c. 43)
- 58Paragraph 58
- Value Added Tax Act 1994 (c. 23)
- 59Paragraph 59
- Education Act 1996 (c. 56)
- 60Paragraph 60
- Audit Commission Act 1998 (c. 18)
- Local Government Act 1999 (c. 27)
- 62Paragraph 62
- Greater London Authority Act 1999 (c. 29)
- 63Paragraph 63
- Freedom of Information Act 2000 (c. 36)
- 64Paragraph 64
- Police Reform Act 2002 (c. 30)
- Railways Act 2005 (c. 14)
- 66Paragraph 66
- Concessionary Bus Travel Act 2007 (c. 13)
- 67Paragraph 67
- Local Government and Public Involvement in Health Act 2007 (c. 28)
- 68Paragraph 68
- Introductory
- 1Paragraph 1
- Preliminary: power to make schemes does not limit other powers
- 2Paragraph 2
- Conditions for making trunk road schemes
- 3Paragraph 3
- Charging schemes to be made by order
- 4Paragraph 4
- Confirmation of charging schemes
- 5Paragraph 5
- Consultation and inquiries
- 6Paragraph 6
- Traffic signs
- 7Paragraph 7
- Guidance
- 8Paragraph 8
- Interpretation
- 9Paragraph 9
- Financial provisions
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Part 1: Amendments of Schedule 12 to the Transport Act 2000
- 1Paragraph 1
- Application of proceeds by non-metropolitan local traffic authorities
- 2Paragraph 2
- Application of proceeds where paragraph 8 does not apply
- 3Paragraph 3
- Plans and programmes for application of proceeds
- 4Paragraph 4
- Programme for application of proceeds after end of opening period
- 5Paragraph 5
- Application of proceeds by London traffic authorities
- 6Paragraph 6
- Application of proceeds by Secretary of State and Welsh Ministers
- 7Paragraph 7
- Regulations and orders
- 8Paragraph 8
- Part 2: Amendments of Schedule 23 to the Greater London Authority Act 1999
- 9Paragraph 9
- Application of net proceeds
- 10Paragraph 10
- 11Paragraph 11
- Apportionment of net proceeds
- 12Paragraph 12
- Schedule 7: Repeals
- 3Repeals relating to Part 4 of this Act