Section 4 Traffic commissioners.F1

England, Wales and Scotland

(F21)

For the purposes of this Act there shall be—

(a)

such number of commissioners for England and Wales as the Secretary of State may consider appropriate; and

(b)

a single commissioner for the Scottish Traffic Area (the “Scottish traffic commissioner”).

(2)

The commissioners shall be appointed by the Secretary of State and shall be known as traffic commissioners.

(3)

F3A traffic commissioner shall be responsible for issuing licences under this Act and shall have such other functions as are given to him by, or in pursuance of, this Act or any other enactment.

(F43A)

A traffic commissioner for England and Wales—

(a)

may exercise the functions of a traffic commissioner in any traffic area in England and Wales; and

(b)

may exercise in relation to the Scottish Traffic Area any functions of a traffic commissioner that relate to reserved matters within the meaning of the Scotland Act 1998.

(3B)

The Scottish traffic commissioner—

(a)

is to exercise the functions of a traffic commissioner in relation to the Scottish Traffic Area; and

(b)

may exercise in relation to any traffic area in England and Wales any functions of a traffic commissioner that relate to reserved matters within the meaning of the Scotland Act 1998.

(4)

Any person appointed to be F5a traffic commissioner shall—

(a)

act under F6the general directions of, and shall have regard to any guidance given by, the senior traffic commissioner; and

(b)

vacate his office on attaining the age of F775, but otherwise hold office during Her Majesty’s pleasure.

(5)

Where the Secretary of State proposes to appoint a person to be F8a traffic commissioner he shall, before making the appointment, require that person to declare if he has any, and if so what, financial interest in any transport undertaking which carries passengers or goods by road within Great Britain.

(6)

Schedule 2 to this Act shall have effect with respect to traffic commissioners.

Annotations

Textual amendments

F1: Ss. 4, 5 substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(2)
F2: S. 4(1)(2) substituted (3.7.2013) by Local Transport Act 2008 (c. 26), ss. 2(2), 134(4); S.I. 2013/685, art. 3(1)(2)(a)
F3: Words in s. 4(3) substituted (3.7.2013) by Local Transport Act 2008 (c. 26), ss. 2(3), 134(4); S.I. 2013/685, art. 3(1)(2)(a)
F4: S. 4(3A)(3B) inserted (3.7.2013) by Local Transport Act 2008 (c. 26), ss. 2(4), 134(4); S.I. 2013/685, art. 3(1)(2)(a)
F5: Words in s. 4(4) substituted (3.7.2013) by Local Transport Act 2008 (c. 26), ss. 2(5), 134(4); S.I. 2013/685, art. 3(1)(2)(a)
F6: Words in s. 4(4)(a) substituted (4.3.2009) by Local Transport Act 2008 (c. 26), ss. 3(2)(a), 134(4); S.I. 2009/107, art. 3, Sch. 3
F7: Word in s. 4(4)(b) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 17 (with Sch. 1 para. 43)
F8: Words in s. 4(5) substituted (3.7.2013) by Local Transport Act 2008 (c. 26), ss. 2(6), 134(4); S.I. 2013/685, art. 3(1)(2)(a)

Notes on Part I

Modifications

C1: Pt. I (ss. 1–5) amended by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 187(3)