OpenLegislation

Section 63 Functions of local councils with respect to passenger transport in areas other than integrated transport areas and passenger transport areas.C8C3F16C1E1C2C4C5C6

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In each non-metropolitan county of England and Wales it shall be the duty of the county council—

(a)

to secure the provision of such public passenger transport services as the council consider it appropriate to secure to meet any public transport requirements within the county which would not in their view be met apart from any action taken by them for that purpose; F1. . .

(b)

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

(2)

It shall be the duty of a F2. . . council in Scotland, in relation to any part of their area which is not a passenger transport area—

(a)

to secure the provision of such public passenger transport services as the council consider it appropriate to secure to meet any public transport requirements within their area which would not in their view be met apart from any action taken by them for that purpose; and

(b)

to formulate from time to time general policies as to the descriptions of services they propose to secure under paragraph (a) above.

(3)

In formulating policies under subsection F3. . . (2)(b) above with respect to the descriptions of services they propose to secure under subsection . . . (2)(a) above, a council shall have regard to any measures they are required or propose to take for meeting any transport requirements in exercise or performance of—

(a)

any of their functions F4. . . as an education authority; or

(b)

any of their F5. . . social work functions.

(4)

A F6district council in England or a relevant county council F7. . . shall have power to secure the provision of such public passenger transport services as they consider it appropriate to secure to meet any public transport requirements within their area which would not in their view be met apart from any action taken by them for that purpose.

(5)

For the purpose of securing the provision of any service under subsection (1)(a) or (2)(a) or (as the case may be) under subsection (4) above any council shall have power to enter into an agreement providing for service subsidies; but their power to do so—

(a)

F8in England and Wales, shall be exercisable only where the service in question would not be provided, or would not be provided to a particular standard, without subsidy;

(aa)

in Scotland, shall be exercisable only where the service in question would not be provided without subsidy; and

(b)

is subject to sections 89 to 92 of this Act.

F9(5A)

The reference in subsection (5)(a) above to the standard to which a service is provided includes—

(a)

the frequency or timing of the service;

(b)

the days, or times of day, when the service is provided;

(c)

the vehicles used to provide the service.

(6)

A non-metropolitan county council in England and Wales or, in Scotland, a . . . council shall have power to take any measures that appear to them to be appropriate for the purpose of or in connection with promoting, so far as relates to their area—

(a)

the availability of public passenger transport services other than subsidised services and the operation of such services, in conjunction with each other and with any available subsidised services, so as to meet any public transport requirements the council consider it appropriate to meet; or

(b)

the convenience of the public (including persons who are elderly or disabled) in using all available public passenger transport services (whether subsidised or not).

C7(7)

It shall be the duty of a county council or (as the case may be) of a regional or islands council, in exercising their power under subsection (6) above, F10to have regard to a combination of economy, efficiency and effectiveness.

(8)

It shall be the duty of any council, in exercising or performing any of their functions under the preceding provisions of this section, to have regard to the transport needs of members of the public who are elderly or disabled F11....

F12(8A)

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

F13(8B)

Where the whole or any part of the area of a county council in England falls within the area of a combined authority or a combined county authority, references in this section to the council are—

(a)

where the combined authority or combined county authority has completed its first full financial year, references to the combined authority or combined county authority (instead of to the council), and

(b)

until that time, references to the combined authority or combined county authority as well as to the council.

(8C)

Subsection (8B) does not apply to any such references in subsection (4) or (9A).

(9)

References in subsection (6) above to subsidised services are references to services provided under an agreement providing for service subsidies entered into—

(a)

by the council in question or by any other county or district council or regional or islands council under this section; or

(b)

by the Passenger Transport Executive for any F14integrated transport area or passenger transport area under section 9A(4) of the 1968 Act.

F15(9A)

A “relevant county council” for the purposes of subsection (4) is a county council in England the whole or any part of whose area falls within the area of a combined authority or a combined county authority.

(10)

In this Act—

(a)

“public passenger transport services” means all those services on which members of the public rely for getting from place to place, when not relying on private facilities of their own, including school transport but not—

(i)

services provided under permits under section 19 of this Act, other than services provided wholly or mainly to meet the needs of members of the public who are elderly or disabled; or

(ii)

excursions or tours; and

(b)

references, in relation to any Passenger Transport Executive, non-metropolitan county or district council or regional or islands council, to agreements providing for service subsidies are references to agreements under which any person undertakes to provide a public passenger transport service of any description on terms which include provision for the making of payments to that person by that Executive or council.

Annotations

Textual amendments

F1

S. 63(1)(b) and the preceding word omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 11(2) and repealed (1.2.2001 for E. and 14.8.2002 for W.) by ss. 161, 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2002/2024{art. 2(b)}

F2

Words in s. 63(2)(6) repealed (1.4.1996) by S.I. 1996/974, art. 2(2), Sch. 2

F3

Words in s. 63(3) omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 11(3)(a) and repealed (1.2.2001 for E. and 14.8.2002 for W.) by s. 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2002/2024, {art. 2 (b)}

F4

Words in s. 63(3)(a) omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 11(3)(b) and repealed (1.2.2001 for E. and 14.8.2002 for W. ) by s. 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2002/2024, {art.2 (b)}

F5

Words in s. 63(3)(b) omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 11(3)(c) and repealed (1.2.2001 for E. and 14.8.2002 for W.) by s. 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; and S.I. 2002/2024, art. 2(b)

F6

Words in s. 63(4) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 12 para. 17(a) (with s. 102)

F7

Words in s. 63(4) repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 39(1), Sch 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2

F8

Words in s. 63(5) inserted (9.2.2009 for E. and S., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 68(2), 134(4); S.I. 2009/107, art. 2(3); S.I. 2009/3294, art. 2(c)

F9

S. 63(5A) inserted (E.W.) (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 68(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(g)

F10

Words in s. 63(7) substituted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 11(4); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11

F11

Words in s. 63(8) repealed (E.W.) (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(10)(a), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

F12

S. 63(8A) repealed (E.W.) (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(10)(b), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

F13

S. 63(8B)(8C) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 12 para. 17(b) (with s. 102)

F14

Words in s. 63(9)(b) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 20(1); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F15

S. 63(9A) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 12 para. 17(c) (with s. 102)

F16

Words in s. 63 heading inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 20(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

Modifications

C1

S. 63 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 7(2)(b), Sch. 2 Pt. 2 para. 1 (with art. 7(4))

C2

S. 63 functions made exercisable jointly (E.) (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(4)

C3

Pt. 4: functions made exercisable (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(1)

C4

Ss. 63, 64: functions made exercisable concurrently (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 14(4) (with reg. 14(5))

C5

S. 63: functions made exercisable concurrently (E.) (24.2.2026) by The Cheshire and Warrington Combined Authority Order 2026 (S.I. 2026/159), arts. 1(2), 8

C6

S. 63: functions made exercisable concurrently (E.W.) (4.6.2026) by The Hampshire and the Solent Combined County Authority Regulations 2026 (S.I. 2026/595), regs. 1(2), 8

C7

S. 63(7) excluded (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 51(1) of Order

S. 63(7) excluded (24.7.2001) by S.I. 2001/3627, art. 50

C8

Pt. 4: functions made exercisable (E.) (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8

Extent

E1

This version of this provision extends to England and Wales only; a separate version of this provision has been created for Scotland only

Notes on Part IV

Modifications

C1

Pt 4: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C2

Pt. 4: transfer of functions (E.W.) (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 8(1)(a) (with arts. 8(4), 12)

C3

Pt. 4: transfer of functions (E.W.) (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 8, 9 (with art. 11)

C4

Pt. 4: delegation of functions (E.W.) (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(a)

C6

Pt. 4: functions made exercisable (E.W.) (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 8(a)

C7

Pt. 4 functions made exercisable (E.W.) (8.5.2017) by The Tees Valley Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/431), arts. 1(2), 4(1)(a)

C8

Pt. 4 functions made exercisable (E.W.) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 9 (with art. 28)

C9

Pt. 4: transfer of functions (E.W.) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 7 (with art. 28)

C10

Pt. 4: functions made exercisable (E.W.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(1)(2)

C12

Pt. 4: functions made exercisable concurrently (E.W.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 19(b) (with art. 9)

C13

Pts. 4, 5: functions made exercisable (E.) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 13

C14

Pts. 4, 5: functions made exercisable (E.) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 9

C15

Pts. 4, 5: transfer of functions (E.) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 7

C16

Pts. 4, 5: transfer of functions (E.) (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 9