OpenLegislation

Section 72 The public transport companies and their controlling authorities.C1C2

England, Wales and Scotland

(1)

References in this Part of this Act to a public transport company are references to any of the following—

(a)

any company which was formed under section 59 of this Act by the Passenger Transport Executive for any F1 integrated transport area or passenger transport area and is for the time being a subsidiary of that Executive or of the F2Integrated Transport Authority or Passenger Transport Authority for that area;

(b)

any company which was formed under section 61 of this Act F3by the Integrated Transport Authority for any integrated transport area or by the Passenger Transport Authority for any passenger transport area and is for the time being a subsidiary of that Authority; and

(c)

F4any company which was formed by one or more councils under section 67 of this Act and is for the time being under local authority control.

(2)

F5A company formed under section 67 of this Act shall be treated for the purposes of subsection (1)(c) above as under local authority control at any time when either—

(a)

it is a subsidiary of a single district council in England and Wales or, in Scotland, of a single F6council (other than the council for Orkney Islands, Shetland Islands or Western Isles) or

(b)

if two or more such councils who are members of the company were a single body corporate, it would be a subsidiary of that body corporate.

(3)

References in this Part of this Act to a public transport company’s controlling authority—

(a)

in relation to a company within subsection (1)(a) or (b) above, are references to the Passenger Transport Executive or (as the case may be) F7the Integrated Transport Authority or the Passenger Transport Authority of whom it is a subsidiary; and

(b)

F8in relation to a company within subsection (1)(c) above, are references to the council or councils referred to in subsection (2) above.

(4)

References in this Part of this Act to a composite authority are references to a controlling authority consisting of two or more such councils as are referred to in subsection (2) above, and the councils concerned are referred to as the component councils of that authority.

(5)

For the purposes of this Part of this Act a public transport company is an associated company—

(a)

in relation to F9an Integrated Transport Authority or a Passenger Transport Authority if that Authority or the Passenger Transport Executive for that Authority’s area are its controlling authority;

(b)

in relation to a Passenger Transport Executive if that Executive or the F10Integrated Transport Authority or Passenger Transport Authority for that Executive’s area are its controlling authority; and

(c)

F11in relation to a district council in England and Wales or, in Scotland, a council (other than the council for Orkney Islands, Shetland Islands or Western Isles) if that council are its controlling authority or one of the component councils of a composite authority who are its controlling authority.

Annotations

Textual amendments

F1

Words in s. 72(1)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(2)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F2

Words in s. 72(1)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F3

Words in s. 72(1)(b) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(3); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F4

S. 72(1)(c) repealed (S.) (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 34(2), 130(2) (with ss. 34(3), 126); S.S.I. 2022/204, reg. 2(a)

F5

S. 72(2) repealed (S.) (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 34(2), 130(2) (with ss. 34(3), 126); S.S.I. 2022/204, reg. 2(a)

F6

Words in s. 72(2)(a)(5)(c) substituted (S.) (1.4.1996) by S.I. 1996/974, art. 2(1), Sch. 1 Pt. I para. 7(d)

F7

Words in s. 72(3)(a) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F8

S. 72(3)(b) repealed (S.) (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 34(2), 130(2) (with ss. 34(3), 126); S.S.I. 2022/204, reg. 2(a)

F9

Words in s. 72(5) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(5)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F10

Words in s. 72(5) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 22(5)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F11

S. 72(5)(c) repealed (S.) (24.6.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 34(2), 130(2) (with ss. 34(3), 126); S.S.I. 2022/204, reg. 2(a)

Modifications

C1

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)

C2

Ss. 72-76: 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)

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)

C5

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

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