Explanatory note
(This note is not part of the Order)
This instrument revokes six Orders which are spent.
Part 4 of the Transport Act 1985 (c. 67) effected the de-regulation of bus services in Great Britain (outside London) and enabled the removal of the powers of local authorities to operate bus services. The six Orders revoked by this instrument disapplied certain powers in section 10(1) of the Transport Act 1968 (c. 73) (“the 1968 Act”) in respect of the six Passenger Transport Executives in England (“the PTEs”). The powers disapplied were those in section 10(1)(i) and (viii) which allowed PTEs to operate bus services and to hire out passenger vehicles.
Section 10(1)(i) of the 1968 Act was repealed, in relation to England and Wales, by the Local Transport Act 2008 (c. 26) (“the 2008 Act”) (see section 66(6)(a) and Schedule 7, Part 3), which means the disapplication of that provision in these Orders is no longer required. The 2008 Act also substituted a new section 10(1)(viii) of the 1968 Act, clarified the interpretation of the new provision, and revived the power for PTEs to hire out passenger vehicles by revoking the appropriate provisions in these six Orders (see section 66(1) to (4) of the 2008 Act). This means that PTEs now have the power to purchase vehicles and hire them to the operators of local bus services in particular circumstances.
A full impact assessment has not been produced for this instrument as no impact on business or the public or voluntary sectors is foreseen. The Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.