Transport Act 1982 in Northern Ireland

1982 c. 49 · Enacted 28 October 1982 · Extends to United Kingdom

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 3 July 2013.

See the changes not yet applied

Provision	Change	Made by
s. 8(7)(a)	words inserted	Road Traffic (Vehicle Testing) Act 1999 Sch. para. 1(2)(a)
s. 8(7)(b)	words inserted	Road Traffic (Vehicle Testing) Act 1999 Sch. para. 1(2)(b)
s. 10(2)(a)	words substituted	Road Traffic (Vehicle Testing) Act 1999 Sch. para. 2(a)
s. 10(2)(aa)	inserted	Road Traffic (Vehicle Testing) Act 1999 Sch. para. 2(b)
s. 10(2)(b)-(d)	substituted for s. 10(2)(b)(c)	Road Traffic (Vehicle Testing) Act 1999 Sch. para. 2(c)
s. 70(2)(b)	words repealed	Welfare Reform Act 2009 Sch. 7 Pt. 1
s. 70(2)(a) (iA)	repealed	Welfare Reform Act 2012 Sch. 14 Pt. 9

Part I: The National Bus Company
1Bus Company’s powers of disposal.
2Provisions supplementary to section 1.
3Powers of Secretary of State to give directions.
4Provision of services for related companies.
5Pensions for employees of related companies.
6Stamp duty on certain transactions.
7Interpretation of Part I.
Provision for private-sector plating and testing Not yet in force
10Provisions supplementary to section 8. Not yet in force
11Approval of public service vehicles as type vehicles by prescribed testing authority. Not yet in force
12Inspections by authorised inspectors in connection with international conventions. Not yet in force
14Exclusion of security of tenure in case of premises used for vehicle testing business. Not yet in force
15Consultation with representative bodies. Not yet in force
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
17Determination of plated weights by prescribed testing authority for vehicles subject to type approval.
18Alteration of plated weights for goods vehicles without examination.
22Fees on the notification of alterations notifiable under section 45 or 48 of the 1972 Act. Not yet in force
25Impersonation of authorised inspector. Not yet in force
27—51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
Part IV: Miscellaneous and Supplemental
53—55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
Miscellaneous
66Powers exercisable in relation to harbour authorities in the interests of national defence. Not yet in force
67Extended pension provision for members of transport Boards
71Northern Ireland.
72Application to Crown.
73Regulations and orders.
74Minor and consequential amendments and repeals.
75General interpretation.
Schedule 5: Minor and Consequential Amendments
Transport Act 1968 (c. 73)
17Paragraph 17 Not yet in force
18, 19Paragraph 18, 19 Repealed
House of Commons Disqualification Act 1975 (c. 24) Not yet in force
20Paragraph 20 Not yet in force
23Paragraph 23 Not yet in force
24Paragraph 24 Not yet in force
25Paragraph 25 Repealed
26Paragraph 26 Repealed

1Bus Company’s powers of disposal.F1

(1)

Without prejudice to any powers conferred on them by any other enactment, the National Bus Company (in this Part of this Act referred to as “the Bus Company”) shall have power to provide for the disposal, in such manner as they think fit, of—

(a)

any shares in or other securities of one of their subsidiaries which are held by the Company or by another of their subsidiaries; or

(b)

the whole or any part of the undertaking of, or any property, rights or liabilities of, any of their subsidiaries.

(2)

The Bus Company shall not exercise their powers under subsection (1)(a) above except with the consent of the Secretary of State.

(3)

In exercising their powers under subsection (1)(a) above the Bus Company may, with the consent of the Secretary of State, provide for employees’ share schemes to be established in respect of any of their subsidiaries; and any such scheme may provide for the transfer of shares without consideration.

(4)

In this section “employees’ share scheme” means a scheme for encouraging or facilitating the holding of shares or debentures in a company by or for the benefit of—

(a)

the bona fide employees or former employees of the company or of a subsidiary of the company; or

(b)

the wives, husbands, widows, widowers or children or step-children under the age of eighteen of such employees or former employees.

2Provisions supplementary to section 1.F1

(1)

For the purpose of facilitating the eventual disposal under section 1(1) of this Act of—

(a)

any part of the undertaking of or any property, rights or liabilities of, the Bus Company, or

(b)

the whole or any part of the undertaking of, or any property, rights or liabilities of, any of their subsidiaries;

the Company may exercise their powers to establish subsidiaries and to transfer property, rights and liabilities to subsidiaries, notwithstanding the provisions of any enactment which may be taken to limit the purposes for which those powers may be exercised.

(2)

The Bus Company may also, for the purpose mentioned in subsection (1) above, make schemes for the transfer, between the Company and a wholly owned subsidiary of theirs or between one such subsidiary and another, of—

(a)

any specified property, rights or liabilities; or

(b)

all property, rights and liabilities comprised in a specified part of the transferor’s undertaking;

and a scheme under this subsection may contain such supplementary, incidental and consequential provisions as may appear to the Company to be necessary or expedient.

(3)

Before making a scheme under subsection (2) above which provides for the transfer of rights and liabilities under contracts of employment, the Bus Company shall consult with persons appearing to them to represent the employees concerned.

(4)

A scheme under subsection (2) above shall not come into force until it has been approved by the Secretary of State or until such date as the Secretary of State may, in giving his approval, specify; and the Secretary of State may approve a scheme either without modifications or with such modifications as, after consultation with the Bus Company, he thinks fit.

(5)

On the coming into force of a scheme under subsection (2) above the property, rights and liabilities in question shall, subject to subsection (6) below, be transferred and vest in accordance with the scheme.

(6)

Schedule 4 to the M1Transport Act 1968 (supplementary provisions as to certain transfers of property, rights and liabilities) shall apply to any transfer under subsection (5) above subject to—

(a)

any reference in that Schedule to a transfer by or a vesting by virtue of that Act being construed as a reference to a transfer by or a vesting by virtue of the scheme in question; and

(b)

the reference in paragraph 13(5) of that Schedule to the relevant provisions of that Act being construed as a reference to the relevant provisions of this Act;

and that subsection shall have effect subject to the provisions of that Schedule.

3Powers of Secretary of State to give directions.F1

(1)

The Secretary of State may give directions to the Bus Company requiring them to exercise their powers under sections 1 and 2 of this Act (including the powers extended by section 2(1) of this Act) for such purposes and in such manner as may be specified in the directions.

(2)

Before giving a direction under this section the Secretary of State shall consult with—

(a)

the Bus Company; and

(b)

in the case of a direction requiring the Bus Company to exercise their powers under section 1 of this Act in relation to any of their subsidiaries, every county council in whose area that subsidiary provides bus services.

(3)

It shall be the duty of the Bus Company (notwithstanding any duty imposed on them by section 24(2) or (3) of the M1Transport Act 1968) to give effect to any directions given under this section.

(4)

In section 27(8) of the M2Transport Act 1962 (duty to make an annual report) after the words “this Act” there shall be inserted the words “or section 3 of the Transport Act 1982”.

(5)

In this section—

“bus services” has the same meaning as in the Transport Act 1968;
“county council” includes the Greater London Council.

4Provision of services for related companies.F1

(1)

The Bus Company may provide for any related company any of the services which they have power to provide for any of their subsidiaries.

(2)

In this section and section 5 of this Act “related company” means a company as respects which the Bus Company have, or at any time have had, a beneficial interest (either directly or through nominees or subsidiaries) in not less than twenty per cent. of its issued ordinary share capital.

5Pensions for employees of related companies.F1

(1)

The Secretary of State may make such orders under section 74 of the M1Transport Act 1962 (power to make provision about pensions in the nationalised transport industry) in relation to related companies as he could make if those companies were subsidiaries of the Bus Company.

(2)

In exercising with respect to any pension scheme the powers conferred by this section, the Secretary of State shall take into account any representations made by the persons administering the scheme.

(3)

Except on the application of a related company which is not a subsidiary of the Bus Company, no order shall be made by virtue of this section which has the effect of placing the related company or any of its subsidiaries in any worse position; but for this purpose a related company or a subsidiary shall not be regarded as being placed in a worse position because an order provides that any changes in a pension scheme are not to be effected without the consent of the Secretary of State.

(4)

An order such as is mentioned in subsection (3) above which is made without the application of the related company shall not be invalid because it does not have the effect of securing that the related company and its subsidiaries are not placed in any worse position, but except in so far as the related company approves the effect of the order the Secretary of State shall as soon as may be make the necessary amending order.

(5)

Subsections (3) and (4) above have effect only in relation to orders made after such day as may be appointed for the purposes of this section by order made by the Secretary of State, and different days may be so appointed in relation to different related companies.

(6)

Where an order (the “first order”) applying to a related company has been made under section 74 and at the time when it was made the related company was a subsidiary of the Bus Company, the order shall not apply to the related company when it ceases to be such a subsidiary except where an order made (at any time) by virtue of this section provides for the first order to continue to apply to the related company.

(7)

An order made by virtue of this section may, in particular, authorise the Bus Company or any subsidiary of the Company—

(a)

to transfer liabilities and obligations under a pension scheme in relation to some (but not all) of the participants in that scheme to another pension scheme (the “other scheme”); and

(b)

to divide or apportion a pension fund held for the purposes of the scheme between that scheme and the other scheme.

(8)

In this section “participant”, in relation to a scheme, means—

(a)

in relation to a scheme under which benefits are or will be receivable as of right, a person who has pension rights under the scheme (whether he has contributed or not); and

(b)

in relation to a scheme under which benefits are not or will not be receivable as of right, a person who (whether he is referred to in the scheme as a member, contributor or otherwise) has contributed under the scheme and has pension rights thereunder.

6Stamp duty on certain transactions.F1

(1)

Stamp duty shall not be chargeable under section 47 of the M1Finance Act 1973 in respect of—

(a)

the formation of a subsidiary of the Bus Company; or

(b)

any increase in the capital of such a subsidiary;

if the transaction concerned is certified by the Treasury as satisfying the requirements of subsections (2) and (3) below.

(2)

A transaction satisfies the requirements of this subsection if it is effected solely for the purpose—

(a)

of facilitating such an eventual disposal as is mentioned in section 2(1) of this Act; or

(b)

of complying with a direction given by the Secretary of State under section 3(1) of this Act.

(3)

A transaction satisfies the requirements of this subsection if it is entered into solely in connection with a transfer to be effected under section 2 of this Act, takes place on or before the transfer date and does not give rise to an excess of capital.

(4)

For the purposes of subsection (3) above a transaction gives rise to an excess of capital if—

(a)

in a case falling within subsection (1)(a) above the total issued capital of the subsidiary exceeds, on the transfer date, the total value of the assets less liabilities transferred; or

(b)

in a case falling within subsection (1)(b) above, the aggregate amount of the increase of issued capital of the subsidiary exceeds, on that date, that total value;

and in this subsection “issued capital” means issued share capital or loan capital.

7Interpretation of Part I.F1

In this Part of this Act—

“the Bus Company” means the National Bus Company; and
“subsidiary” shall be construed in accordance with F2section 736 of the Companies Act 1985 and “wholly owned subsidiary” shall be construed in accordance with section 736(5)(b) of that Act.

10Provisions supplementary to section 8.

(1)

To the extent that the terms of his authorisation so provide an authorised inspector shall have the duty to refuse any certificate or impose or remove any prohibition which he has power to refuse or (as the case may be) to impose or remove .

C1(2)

In F1sections 45 and 46 of the 1988 Act (tests of satisfactory conditions of vehicles other than goods vehicles to which section 49 applies)—

F2(a)

in section 45(3) (persons who may carry out examinations under that section), after paragraph (a) there is inserted—

“(aa) any authorised inspector”,

(b)

in subsection 6(g) (keeping of registers of test certificates), after the words “authorised examiners” there shall be inserted the words “and, in the case of examinations carried out by authorised inspectors, by approved testing authorities”; and

(c)

in subsection 6(h) (keeping of records), for the words “and authorised examiners” there shall be substituted the words “authorised examiners and approved testing authorities”.

F3(3)

The words “or an authorised inspector” shall be inserted—

(a)

in sections 51(1)(b) and 61(2)(a) of the 1988 Act, after the words “a vehicle examiner”, and

(b)

in section 6(1)(a) and 10(2) of the 1981 Act, after the words “Act 1988”;

and the words “or authorised inspector” shall be inserted after the word “examiner” wherever occurring in section 69 of the 1988 Act.

(4)

In sections 1 and 2 of the M1Road Traffic (Foreign Vehicles) Act 1972—

(a)

the words “or an authorised inspector” shall be inserted after the words “an examiner” (in each place where they appear); and

(b)

the words “or authorised inspector” shall be inserted after the words “the examiner” or “any examiner” (in each place where they appear).

F4(5)

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

(6)

In F5section F668(1) of the 1988 Act (powers of entry and inspection), the following words shall be inserted at the end—

“ and an authorised inspector may exercise the powers given by paragraph (a) above in relation to any vehicle brought to the place of inspection in pursuance of a direction under subsection (3) below ”.

(7)

The words “or the prescribed testing authority” shall be inserted after the words “Secretary of State”—

(a)

in section 45(6)(a)(ii) and (d) of the 1972 Act (requirements with respect to the notification of alterations of goods vehicles to the Secretary of State and the specification of alterations required to be so notified in plating certificates);

(b)

in section 46(3) of that Act (offence to use vehicle where alteration not notified as required by regulations under section 45); and

(c)

in section 51(3) of that Act (offence to use vehicle where alteration not notified as required by regulations or directions under section 48);

and after those words (in the second place where they occur) in each of subsections (2), (3) and (4) of section 48 of that Act (requirements and directions with respect to the notification of alterations relevant to type and approval or plated weights).

(8)

In section 6 of the 1981 Act (certificates of initial fitness required for use as public service vehicles), the following subsection shall be inserted after subsection (1)—

“(1A)
F7. . . Regulations may make provision with respect to the examination of vehicles for the purposes of subsection (1)(a) above by or under the direction of authorised inspectors and the issue or refusal of certificates of initial fitness by such inspectors on any such examinations.”.

(9)

In section 20 of that Act (duty of PSV operator to give information about his public service vehicles to traffic commissioners who granted his licence)—

(a)

for the words “to the traffic commissioners who granted the licence” in both subsections (1) and (2) (which relate respectively to failure or damage affecting safety and to structural alterations of vehicles) there shall be substituted the words “in accordance with regulations made by virtue of subsection (2A) below”; and

(b)

the following subsection shall be inserted after subsection (2)—

“(2A)
Regulations may make provision—
(a)
for any report or notice required under subsection (1) or (2) above to be made or given to the Secretary of State or to the prescribed testing authority;
(b)
for requiring a public service vehicle to be submitted for examination in the event of any such failure or damage as is mentioned in subsection (1) above or any such alteration as is mentioned in subsection (2) above; and
(c)
for the examinations to be carried out under the regulations and, in particular, for authorising any such examination to be carried out by or under the direction of a F8an examiner appointed under section 66A of the Road Traffic Act 1988 or an authorised inspector.”.

(10)

References in any regulations made under any enactment relating to any of the testing and surveillance functions before this section comes into operation to a F9vehicle examiner shall be read as including an authorised inspector authorised to exercise the function in question.

(11)

Subject to the qualification mentioned below, regulations made under—

F10(a)

section 45, section 49 or section 61 of the 1988 Act; or

(b)

section 6(1A), 10(4) or 20(2A) of the 1981 Act;

may include provision for the purpose of securing that private-sector examinations are properly carried out in accordance with the regulations, including (but without prejudice to the generality of the preceding provision) provision for the supervision or review of private-sector examinations by persons authorised for the purpose by or under the regulations.

No person other than an officer of the Secretary of State may be authorised by or under regulations so made to supervise or review an examination carried out in the course of a vehicle testing business carried on by a person other than his own employer.

In this subsection “private-sector examination” means, in relation to an examination under regulations so made, an examination carried out by or under the direction of an authorised inspector.

(12)

Without prejudice to any existing power of the Secretary of State to determine the premises at which examinations under F11sections 45 or 49 of the 1988 Act may be carried out—

(a)

the Secretary of State may designate premises as stations where examinations of vehicles of any description subject to examination under either of those sections may be carried out; and

(b)

regulations under either of those sections may require or authorise examinations of vehicles of any description specified in the regulations to be carried out at premises for the time being designated under this section as premises at which examinations of vehicles of that description may be carried out.

11Approval of public service vehicles as type vehicles by prescribed testing authority.C1

(1)

In section 10 of the 1981 Act (approval of public service vehicle as a type vehicle and issue of certificates of conformity to type)—

(a)

in subsections (1) and (2), after the words “the Secretary of State” there shall be inserted the words “or the prescribed testing authority”;

(b)

in subsection (1), for the word “he” there shall be substituted the words “the Secretary of State or that authority”; and

(c)

in subsection (3), for the words from the beginning to “approval of a type vehicle” there shall be substituted the words “Approval of a type vehicle (whether given by the Secretary of State or the prescribed testing authority) may at any time be withdrawn by either of them”.

(2)

At the end of that section there shall be inserted the following subsection—

“(4)
Regulations may make provision with respect to—
(a)
the examination of vehicles for the purposes of this section by or under the direction of authorised inspectors;
(b)
the approval of vehicles as type vehicles by the prescribed testing authority on such examinations, or the withdrawal of such approval by that authority on such examinations;
(c)
the issue or refusal of certificates under subsection (2) above by authorised inspectors; and
(d)
the authorisation by the prescribed testing authority of persons to make declarations under subsection (2) above.”.

12Inspections by authorised inspectors in connection with international conventions.

(1)

The Secretary of State may by regulations make provision for the exercise by authorised inspectors, subject to the terms of their authorisations, of such functions in connection with the inspection and certification of vehicles under the TIR Convention and the ADR Convention as may be specified in the regulations.

(2)

The Secretary of State may designate premises as stations where inspections under the TIR Convention and the ADR Convention may be carried out.

(3)

Regulations under this section may provide for fees to be charged in connection with the inspection and certification by authorised inspectors of vehicles under the TIR Convention and the ADR Convention.

(4)

In this section—

“the TIR Convention” means the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (Geneva, 14th November 1975); and
“the ADR Convention” means the European Agreement Concerning the International Carriage of Dangerous Goods by Road (Geneva, 30th September 1957).

14Exclusion of security of tenure in case of premises used for vehicle testing business.

(1)

Part II of the M1Landlord and Tenant Act 1954 (which gives security of tenure to business tenants) shall not apply to a tenancy granted by the Secretary of State in any case where the property comprised in the tenancy is or includes premises which, in accordance with any agreement relating to the tenancy (whether contained in the instrument creating the tenancy or not) are to be occupied for the purposes of a vehicle testing business.

(2)

No enactment or rule providing for relief against forfeiture in case of non-payment of rent or breach of any other covenant or condition shall apply to any such tenancy.

(3)

In this section “tenancy” has the same meaning as in the Landlord and Tenant Act 1954, and the reference in subsection (1) above to a tenancy granted by the Secretary of State shall be construed accordingly.

15Consultation with representative bodies.

(1)

Before taking any decision affecting any of the matters mentioned in subsection (2) below the Secretary of State shall consult with such organisations appearing to him to be representative of persons engaged in the road transport industry as he thinks fit.

(2)

The matters in question are—

(a)

the person or persons to whom it is appropriate for the Secretary of State or any company in which he holds a controlling interest (within the meaning of section 13 of this Act) to transfer or grant any estate or interest in or right over any testing station land or former testing station land, or to transfer any testing station property or former testing station property;

(b)

the terms on which any such transfer or grant is to be made;

(c)

the conditions to be complied with by approved testing authorities (generally or in any particular case) and the variation or cancellation of any such conditions;

(d)

the arrangements to be made by the Secretary of State for ensuring the maintenance of proper standards with respect to any examinations carried out in the exercise in the course of an approved testing authority’s business of any of the testing and surveillance functions;

(e)

the withdrawal of, or the imposition of any limitation on, the authorisation of an approved testing authority;

(f)

the designation of premises as testing stations and the withdrawal of any such designation; and

(g)

the fees to be charged in respect of examinations carried out in the exercise in the course of an approved testing authority’s business of any of the testing and surveillance functions.

(3)

In subsection (2)(a) above “testing station land” and “testing station property” have the meanings given by section 13(9)(a) of this Act.

(4)

Without prejudice to the generality of subsection (2)(c) above, the following in particular are subject to the consultation requirement under subsection (1) above, that is to say, any decision with respect to the conditions of authorisation of any approved testing authority which relate to the number or situation of any designated testing stations the authority is to be required for the time being to operate.

(5)

The reference in subsection (2)(f) above to the designation of premises as testing stations is a reference to the designation of premises under section 10(12) or 12(2) of this Act.

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

17Determination of plated weights by prescribed testing authority for vehicles subject to type approval.X1

(1)

In section 47 of the 1972 Act (type approval)—

(a)

in subsections (6), (7)(b) and (10)(a), after the words “the Secretary of State” there shall be inserted the words “or the prescribed testing authority”; and

(b)

in subsection (6), for the word “he” there shall be substituted the words “the Secretary of State or that authority”.

(2)

The following section shall be substituted for section 49 of the 1972 Act (appeals)—

“ Appeals.
49
(1)
A person aggrieved by a determination made on behalf of the Secretary of State with respect to a type approval certificate, a certificate of conformity or Minister’s approval certificate under section 47 or 48 of this Act, including any determination with respect to design weights or plated weights, may appeal to the Secretary of State.
(2)
A person aggreived by a determination made by the prescribed testing authority with respect to the plated weights for any goods vehicle may appeal to the Secretary of State.
(3)
Any appeal under this section must be made within the prescribed time and in the prescribed manner; and on any such appeal the Secretary of State shall have—
(a)
in a case within subsection (1) above, the like powers and duties as he has on an original application for a type approval or Minster’s approval certificate or in respect of the plated weights to be included in a certificate of conformity; and
(b)
in a case within subsection (2) above, the like powers and duties as he would have had if the application in respect of the plated weights for the goods vehicle concerned had been made to him.
(4)
The Secretary of State may hold an inquiry in connection with any appeal under this section and may appoint an assessor for the purpose of assisting him with the appeal or any such inquiry.”.

F1(3)

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

(4)

In section 50 of that Act (regulations for the purposes of sections 47 to 49A and supplementary provisions), the following subsection shall be inserted after subsection (1)—

“(1A)
Without prejudice to the generality of subsection (1) above, regulations made under this section for the purposes of sections 47 to 49A of this Act may provide—
(a)
for the fees to be payable on any application for a determination by the prescribed testing authority of any plated weights for a goods vehicle; and
(b)
for the issue by the prescribed testing authority of plates for marking on goods vehicles any plated weights, whether determined by that authority or not (including in particular the issue of such plates on behalf of the Secretary of State for the purposes of section 47(8)) and for the fees to be payable to that authority for the issue of any such plates.”;

and in subsection (4)(a) of that section, for the words “subsection (1) above” there shall be substituted the words “this section”.

18Alteration of plated weights for goods vehicles without examination.C1 I1

The following section shall be inserted after section 51 of the 1972 Act—

“ Alteration of plated weights for goods vehicles without examination
51A
(1)
The Secretary of State may by regulations make provision—
(a)
for the determination, in such circumstances as may be prescribed, of the plated weights (or any of the plated weights) for goods vehicles of any prescribed class otherwise than on examination under regulations made under section 45 or 50 of this Act; and
(b)
for the amendment of any approval certificate in force in respect of a vehicle of any such class so as to specify the weights determined for that vehicle under the regulations in place of any weights superseded by those weights or the cancellation of any such certificate and the issue in place of it of a different certificate specifying the weights so determined in place of any weights so superseded.
(2)
Any person aggreived by a determination of plated weights for a goods vehicle under regulations made under this section may appeal to the Secretary of State and on the appeal the Secretary of State shall cause the vehicle to be examined by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.
(3)
Without prejudice to the generality of subsection (1) above, regulations under this section—
(a)
may provide for the determination of any plated weights for a goods vehicle under the regulations to be made by the Secretary of State or by the prescribed testing authority;
(b)
may contain the like provisions with respect to any appeal brought by virtue of subsection (2) above and any examination on any such appeal as may be contained in any regulations made by virtue of paragraphs (c), (g) and (h) of section 45(6) of this Act in relation to an appeal under subsection (3) of that section and any examination on any such appeal;
(c)
may specify the manner in which, and the time before or within which, applications may be made for the determination of plated weights of vehicles under the regulations, and the information to be supplied and documents to be produced on any such application;
(d)
may make provision as to fees to be paid on any such application;
(e)
may provide for the issue of replacements for any plates fixed to a vehicle specifying weights superseded by weights specified in an approval certificate amended under the regulations or in any certificate issued under the regulations in place of an approval certificate, and for the payment of a fee for their issue; and
(f)
may make different provision for different cases.
(4)
In this section “approval certificate” means a plating certificate and any certificate of conformity or Minister’s approval certificate specifying any plated weights.
(5)
Any certificate issued in respect of a goods vehicle under regulations made under this section in replacement of an approval certificate of any description mentioned in subsection (4) above—
(a)
shall be in the form appropriate for an approval certificate of that description;
(b)
shall be identical in content with the certificate it replaces, save for any alterations in the plated weights authorised by the regulations; and
(c)
shall be treated for the purposes of this Part of this Act (including this section) and any regulations made under any provision of this Part of this Act as if it were the same certicificate as the certificate it replaces;
and any plate so issued in replacement of a plate fixed to the vehicle under section 47 of this Act shall, when fixed to the vehicle, be treated as so fixed under that section.”.

22Fees on the notification of alterations notifiable under section 45 or 48 of the 1972 Act.

(1)

The following paragraph shall be inserted after paragraph (a) of section 45(6) of the 1972 Act (specific matters with which regulations under that section may deal)—

“(aa)
require the payment of a fee on any notification of any alteration to a vehicle or its equipment which is required by the regulations to be notified to the Secretary of State or the prescribed testing authority;”

(2)

For paragraph (d) of section 50(1) of that Act (power to make provision in relation to examinations, etc., following the notification of alterations notifiable under section 48 of that Act corresponding to provision authorised under certain paragraphs of section 45(6)) there shall be substituted the following paragraph—

“(d)
may contain the like provisions with respect to any notification of any such alteration as is mentioned in paragraph (a) above, with respect to any examination of any vehicle in pursuance of regulations made by virtue of that paragraph and with respect to any appeal brought by virtue of paragraph (c) above as may be contained in regulations made by virtue of paragraphs (aa), (b), (c), (g) and (h) of section 45(6) of this Act in relation to the notifications, examinations and appeals there mentioned;”

25Impersonation of authorised inspector.

A person who, with intent to deceive, falsely represents himself to be an authorised inspector shall be liable on summary conviction to a fine not exceeding F1level 3 on the standard scale.

27—51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

53—55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

66Powers exercisable in relation to harbour authorities in the interests of national defence.

(1)

If it appears to the Secretary of State that there is anything which a harbour authority ought in the interests of national defence—

(a)

to have power to do in connection with any harbour which they are engaged in improving, maintaining or managing; or

(b)

to be required to do in connection with any such harbour;

he may authorise or direct the authority to do that thing.

(2)

No limitation on the powers of a harbour authority contained in any statutory provision, whenever passed or made, shall prevent the authority from acting in accordance with an authorisation or direction given under subsection (1) above.

(3)

A harbour authority or any other person who suffers injury, loss or damage in consequence of anything done in pursuance of an authorisation or direction given under subsection (1) above shall be entitled to receive from the Secretary of State such compensation as may be agreed or as may, in default of agreement, be determined by arbitration to be just having regard to all the circumstances of the particular case.

(4)

An arbitration under subsection (3) above shall, unless otherwise agreed, be the arbitration—

(a)

in England and Wales or Northern Ireland, of a single arbitrator to be appointed by the Lord Chancellor; and

(b)

in Scotland, of a single arbiter to be appointed by the Lord President of the Court of Session.

(5)

Any compensation payable by the Secretary of State under this section shall be paid out of money provided by Parliament.

(6)

Any authorisation or direction given to a harbour authority by the Secretary of State under subsection (1) above shall be in writing; and it shall be the duty of any harbour authority to comply with any directions given to them under that subsection.

(7)

In this section “harbour”, “harbour authority” and “statutory provision” have—

(a)

in relation to England, Wales and Scotland, the same meaning as in the M1Harbours Act 1964; and

(b)

in relation to Northern Ireland, the same meaning as in the M2Harbours Act (Northern Ireland) 1970.

67Extended pension provision for members of transport BoardsC1

In paragraph 8 of Schedule 1 to the M1Transport Act 1962 (salaries, pensions etc. of members of Boards of nationalised transport industries), in sub-paragraph (1)(b) (Minster may determine pensions to be paid on retirement or death of members of Boards), for the words “on retirement or death” there shall be substituted the words “in the case”.

71Northern Ireland.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M1Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 70 of this Act—

(a)

shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b)

shall be subject to annulment in pursuance of a resolution of either House.

72Application to Crown.

The following provisions of this Act, that is to say—

(a)

section 25; and

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

apply to vehicles and persons in the public service of the Crown.

73Regulations and orders.

(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 any power conferred by this Act on the Secretary of State to make any order or regulations shall be exercisable by statutory instrument.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4)

Any statutory instrument containing regulations or an order made under any provision of this Act, except an order made under section . . . F4 76(2) of this Act . . . F5, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)

Regulations made under this Act may—

(a)

make different provision for different cases; and

(b)

contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.

74Minor and consequential amendments and repeals.

(1)

The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

(2)

The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule, but the repeal in the M1Heavy Commercial Vehicles (Controls and Regulations) Act 1973 is subject to the saving in section 56(3) of this Act.

75General interpretation.

In this Act—

“the M11967 Act” means the Road Traffic Regulation Act 1967;
“the M21972 Act” means the Road Traffic Act 1972;
“prescribed” means prescribed by regulations made by the Secretary of State; and
“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes F1except that in Scotland it has the same meaning as in the Roads (Scotland) Act 1984.

17

(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

C1(2)

In section 7 of that Act (interpretation)—

(a)

in subsection (1), at the end of the definition of “official testing station” there shall be added the words “or premises designated by him under section 10(12) of the Transport Act 1982”; and

(b)

at the end of that subsection there shall be added the following subsection—

“(1A)
References in any provision of this Act to an authorised inspector are references to a person authorised by the Secretary of State under section 8 of the Transport Act 1982 to exercise the function to which that provision relates.”.

18, 19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

20C1

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 the following entry shall be inserted in the appropriate place—

“Director of any company eligible for loans under section 13 of the Transport Act 1982 (loans to Government-controlled company interested in former Government testing stations).”.

23C1

In section 82 of that Act (general interpretation provisions)—

(a)

in subsection (1), after the definition of “prescribed” there shall be inserted the following definition—

““prescribed testing authority” means such person authorised by the Secretary of State under section 8 of the Transport Act 1982 to carry on a vehicle testing business within the meaning of Part II of that Act as may be prescribed” and

(b)

the following subsection shall be inserted after subsection (1)—

“(1A)
References in any provision of this Act to an authorised inspector are references to an authorised inspector under section 8 of the Transport Act 1982 and, where the function to which that provision relates is one of those specified in section 9 of that Act (testing and surveillance functions), are limited to an authorised inspector authorised under section 8 to exercise that function.”.

24

The power conferred by section 87 of that Act to repeal section 10 of that Act and certain connected provisions by order includes power to make such other amendments in that Act and such amendments in this Act as are required in consequence of the repeal.

25

. . . F1

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Transport Act 1982 in Northern Ireland

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