The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013

In subsection (10)(b), for “the traffic commissioner for any area”, substitute “a traffic commissioner”.

In subsection (8), for “the traffic commissioner for any area”, substitute “a traffic commissioner”.

For subsection (3), substitute—

“(3)

An order under this section for varying the number or limits of traffic areas may contain such consequential and incidental provisions as appear to the Secretary of State to be necessary or expedient in consequence of the variations of areas to be affected by the order, including provisions—

(a)

as to the effect of licences previously issued, and consents previously given, by a traffic commissioner;

(b)

as to the effect of applications for licences or consents previously made to a traffic commissioner;

(c)

as to the continuance of appeals pending against decisions of a traffic commissioner; and

(d)

as to the recovery of any sums due to a traffic commissioner,

in relation to any traffic area abolished or changed.”

In subsection (2), for the words from “Where the” to “Transport for London;”, substitute—

“(2)

Where a traffic commissioner publishes information under this section he shall—

(a)

send a copy of the publication—

(i)

to every chief officer of police, Passenger Transport Executive and local authority whose area the traffic commissioner considers may be affected by the information; and

(ii)

if the traffic commissioner considers that the information may affect Greater London, to Transport for London;”.

For subsections (2) and (3), substitute—

“(2)

The authority having power to grant a PSV operator’s licence is a traffic commissioner.

(3)

A person may hold two or more PSV operator’s licences but shall not at the same time hold more than one such licence in relation to the same traffic area.

(3A)

Subject to the provisions of this Part of this Act, a PSV operator’s licence authorises the holder to use anywhere in Great Britain a vehicle which has as its operating centre an operating centre specified in the licence.”

In subsection (4)—

1. (a)

   for “the traffic commissioner” substitute “a traffic commissioner”; and

2. (b)

   for “the commissioner such information as he” substitute “the traffic commissioner dealing with the application such information as he or another traffic commissioner”.

In subsection (6)—

1. (a)

   for “the traffic commissioner by whom the licence was granted”, substitute “a traffic commissioner”; and

2. (b)

   in the words following paragraph (c), for the words from “the traffic commissioner” to “duties”, substitute “the traffic commissioner dealing with the application such information as he or another traffic commissioner may reasonably require for the discharge of duties of a traffic commissioner”.

In subsection (9)—

1. (a)

   for “by the traffic commissioner for any area” substitute “in relation to a traffic area”; and

2. (b)

   for paragraph (a) substitute—

   “(a)

   under a PSV operator’s licence granted to the holder of that licence in relation to any other traffic area;”.

In subsection (2)—

1. (a)

   for the words from “the traffic commissioner” to “was granted”, substitute “a traffic commissioner”;

2. (b)

   in paragraph (a), for “the licence”, substitute “a PSV operator’s licence”;

3. (c)

   in paragraph (b), for “the licence”, substitute “such a licence”; and

4. (d)

   in paragraph (d), for “the licence” in both places where those words occur, substitute “such a licence”.

For subsection (4), substitute—

“(4)

On granting or varying a PSV operator’s licence, or at any time after the grant or variation of such a licence, a traffic commissioner may require the holder of the licence to inform a traffic commissioner forthwith, or within a specified period, of any specified material change in any of the holder’s circumstances which were relevant to the grant or variation of the licence.

(4A)

In subsection (4) “specified” means specified by the traffic commissioner imposing the requirement to inform.”

In subsection (3)—

1. (a)

   for “The traffic commissioner by whom a PSV operator’s licence was granted”, substitute “A traffic commissioner”; and

2. (b)

   in paragraphs (a) and (b)—

   1. (i)

      for “the licence to supply him” substitute “a PSV operator’s licence to supply him or another traffic commissioner”; and

   2. (ii)

      for “the area of that commissioner” substitute “the traffic area to which the licence relates”.

In subsection (2)(a)—

1. (a)

   for “taking the decision”, substitute “the taking of the decision”;

2. (b)

   for “he has given notice”, substitute “he or another traffic commissioner has given”; and

3. (c)

   for “that he intends”, substitute “notice of intention”.

In subsection (1)(a)—

1. (a)

   for “the traffic commissioner for each traffic area”, substitute “a traffic commissioner”; and

2. (b)

   in the sub-paragraph (ii) which has effect, or is to have effect, by virtue of paragraph 22 of Schedule 5 to the Transport Act 1982^f22, for “the commissioner”, substitute “a traffic commissioner”.

“Correction of errors

56A.

(1)

This section applies in any case where it appears to a traffic commissioner that there is a clerical error in a document purporting to record, or which is issued in consequence of, a decision taken by any traffic commissioner in the exercise of his functions.

(2)

In any such case, the traffic commissioner may issue a corrected document or a notice in writing that the document is to have effect with such corrections as are stated in the notice.”

In subsection (4)—

1. (a)

   for the words from “The traffic commissioner” to “was granted”, substitute “A traffic commissioner”; and

2. (b)

   in paragraph (a), for “the licence”, substitute “a PSV operator’s licence”.

In subsection (1), for the definition of “traffic commissioner”, substitute—

““traffic commissioner” means a commissioner appointed under section 4;”.

In paragraph 9—

1. (a)

   in sub-paragraph (1), for the words from “the traffic commissioner” to “detained”, substitute “a traffic commissioner”; and

2. (b)

   in sub-paragraph (2)(a), for “the traffic commissioner”, substitute “a traffic commissioner”.

In paragraph 11—

1. (a)

   in sub-paragraph (a), for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”; and

2. (b)

   in sub-paragraph (b), for “the traffic commissioner”, substitute “a traffic commissioner”.

In paragraph 7C—

1. (a)

   in sub-paragraph (1), for the words from “The traffic commissioner” to “cancel the order”, substitute “A traffic commissioner may, subject to sub-paragraph (2), at any time cancel a disqualification order made under paragraph 7B(2)”;

2. (b)

   in sub-paragraph (3)—

   1. (i)

      after “the traffic commissioner” in the first place where those words occur, insert “who made the order or another traffic commissioner”; and

   2. (ii)

      for paragraph (b) substitute—

      “(b)

      at the instigation of the traffic commissioner.”;

3. (c)

   in sub-paragraph (4)—

   1. (i)

      for the words from “making a variation” to “serve a notice”, substitute “a variation is made under sub-paragraph (3)(b), a notice must be served”; and

   2. (ii)

      in paragraph (a), for “the traffic commissioner’s intention” substitute “an intention”; and

4. (d)

   in sub-paragraph (5), after “the traffic commissioner”, insert “dealing with the matter”.

For subsection (5) substitute—

“(5)

Subject to subsection (6) below—

(a)

a permit issued by a traffic commissioner may be varied or revoked by a traffic commissioner;

(b)

a permit issued by a body designated under section 19(7) may be varied or revoked—

(i)

by that body, or

(ii)

by a traffic commissioner after consultation with that body.”

In subsection (6)—

1. (a)

   for the words from “The traffic commissioner” to “revoke the permit”, substitute “A traffic commissioner may at any time revoke a community bus permit”;

2. (b)

   in paragraph (a), for “no longer satisfied”, substitute “not satisfied”; and

3. (c)

   in paragraph (c) omit the words “which has its operating centre in his area”.

In subsection (3)—

1. (a)

   for “he”, substitute “he or another traffic commissioner”; and

2. (b)

   for the words from “if the holder” to “asked him to do so”, substitute “if a request for a traffic commissioner to do so is made to a traffic commissioner, before the end of such period as may be prescribed, by the holder of the licence”.

In paragraph 17^f43 (powers of First-tier Tribunal and Upper Tribunal in relation to transport appeals), in sub-paragraph (2), for paragraph (b) substitute—

“(b)

to remit the matter to—

(i)

the traffic commissioner who made the decision against which the appeal is brought; or

(ii)

as the case may be, such other traffic commissioner as may be required by the senior traffic commissioner to deal with the appeal,

for rehearing and determination by the commissioner in any case where the tribunal considers it appropriate;”.

In subsection (1), for paragraph (a), substitute—

“(a)

a traffic commissioner, and”.

In subsection (1A), for paragraph (a), substitute—

“(a)

a traffic commissioner, and”.

In subsection (2) (if its substitution by virtue of paragraph 20(3) of Schedule 3 to the Road Safety Act 2006^f50 does not come into force on or before the date on which this Order comes into force)—

1. (a)

   in paragraph (a), for the words from “the traffic commissioner” to “resides”, substitute “a traffic commissioner”; and

2. (b)

   in paragraph (b)—

   1. (i)

      for “the traffic commissioner” substitute “a traffic commissioner”;

   2. (ii)

      for “delivered to him” substitute “delivered to a traffic commissioner”; and

   3. (iii)

      for “the commissioner” substitute “a traffic commissioner”.

In the second column (tribunal and statutory authority), in paragraph 40, for sub-paragraph (a) substitute—

“(a)

A traffic commissioner;”.

In subsection (4), for paragraph (e), substitute—

“(e)

a traffic commissioner;”.

In subsection (6) (if its substitution by virtue of section 263 of the Transport Act 2000^f61 does not come into force on or before the date on which this Order comes into force), in the words following paragraph (b)—

1. (a)

   for “the traffic commissioner by whom the licence was issued” substitute “a traffic commissioner”;

2. (b)

   for “the commissioner may require” substitute “is required by a traffic commissioner”; and

3. (c)

   for “has paid to him the prescribed fee (if any)” substitute “has paid the prescribed fee (if any) to a traffic commissioner”.

In the subsection (6) which has effect, or is to have effect, by virtue of section 263 of the Transport Act 2000—

1. (a)

   in paragraph (a)—

   1. (i)

      for “the traffic commissioner by whom the licence was issued” substitute “a traffic commissioner”; and

   2. (ii)

      for “the commissioner may require” substitute “is required by a traffic commissioner”; and

2. (b)

   for paragraph (b) substitute—

   “(b)

   has paid the prescribed fee (if any) to a traffic commissioner.”

For subsection (1), substitute—

“(1)

A person may not use a place in a traffic area as an operating centre for vehicles authorised to be used under an operator’s licence issued to him in respect of that traffic area unless that place is specified as an operating centre of his in that licence.”

For subsection (1), substitute—

“(1)

An application for an operator’s licence—

(a)

shall be made to a traffic commissioner, and

(b)

shall be in respect of a single traffic area in which, if the licence is issued, the applicant will have an operating centre or operating centres,

but a person may make separate applications in respect of different traffic areas.”

After subsection (6), add—

“(7)

In subsections (3) to (6), “the traffic commissioner” means the traffic commissioner dealing with the application in question.”

In subsection (3)—

1. (a)

   for “The traffic commissioner”, substitute “A traffic commissioner”;

2. (b)

   in paragraph (a), omit the words “issued by the commissioner”; and

3. (c)

   in paragraph (b), for “the commissioner”, substitute “a traffic commissioner”.

In subsection (7)—

1. (a)

   for “The traffic commissioner may not refuse the application”, substitute “A traffic commissioner may not refuse an application”;

2. (b)

   in paragraph (a), omit the words “issued by the commissioner”; and

3. (c)

   in paragraph (b), for “the commissioner”, substitute “a traffic commissioner”.

In subsection (3)—

1. (a)

   for “The traffic commissioner”, substitute “A traffic commissioner”, and

2. (b)

   for the words from “without first giving” to “the commissioner”, substitute “unless the applicant for the licence or (as the case may be) the licence-holder has first been given an opportunity to make representations to a traffic commissioner”.

In subsection (4)—

1. (a)

   for “The traffic commissioner”, substitute “A traffic commissioner”, and

2. (b)

   for the words from “without first giving” to “the commissioner”, substitute “unless the applicant for the licence or (as the case may be) the licence-holder has first been given an opportunity to make representations to a traffic commissioner”.

In subsection (3)—

1. (a)

   omit the words “shall also state”;

2. (b)

   in paragraph (a)—

   1. (i)

      for “that” substitute “shall invite the licence-holder to make”, and

   2. (ii)

      omit the words “may be made to the commissioner by the licence-holder”;

3. (c)

   in paragraph (b)—

   1. (i)

      for “that” substitute “shall state that”, and

   2. (ii)

      after “the commissioner” insert “dealing with the matter”; and

4. (d)

   for the words following paragraph (b) substitute—

   “and a traffic commissioner may not give a direction under subsection (1) without considering any representations duly made under this subsection”.

In subsection (1)—

1. (a)

   for “the traffic commissioner by whom an operator’s licence was issued”, substitute “a traffic commissioner”, and

2. (b)

   for “the licence-holder”, where those words first occur, substitute “the holder of an operator’s licence”.

In subsection (1)—

1. (a)

   for “having served notice”, substitute “after a notice has been served”; and

2. (b)

   for the words from “the traffic commissioner” to “section 31, he”, substitute “no direction is given in respect of the place under section 31, a traffic commissioner”.

In subsection (2)—

1. (a)

   for “The traffic commissioner”, substitute “A traffic commissioner”;

2. (b)

   for paragraph (a), substitute—

   “(a)

   if, within such period after the taking of the decision as may be prescribed, he or another traffic commissioner has given to the applicant or (as the case may be) the licence-holder notice of intention to review the decision;”; and

3. (c)

   in paragraph (b), for “him to review it”, substitute “that the decision be reviewed by a traffic commissioner”.

In subsection (4)—

1. (a)

   after “by him”, insert “or another traffic commissioner”; and

2. (b)

   for “the commissioner”, substitute “a traffic commissioner”.

In subsection (5), for paragraphs (a), (b) and (c), substitute—

“(a)

in relation to an applicant who holds an operator’s licence, means a traffic commissioner, and

(b)

in relation to an applicant who does not hold an operator’s licence, means the Secretary of State,”.

In paragraph 9—

1. (a)

   in sub-paragraph (1), for the words from “the traffic commissioner” to “detained”, substitute “a traffic commissioner”; and

2. (b)

   in sub-paragraph (2)(a), for “the traffic commissioner”, substitute “a traffic commissioner”.

In paragraph 10—

1. (a)

   in sub-paragraph (1)(a), for “the traffic commissioner”, substitute “a traffic commissioner”;

2. (b)

   in sub-paragraph (1)(b), for “him”, substitute “a traffic commissioner”;

3. (c)

   in sub-paragraph (2), for the words from “the traffic commissioner” to “notice of the application”, substitute “the application must be determined by a traffic commissioner within a prescribed time after notice of the application is received”; and

4. (d)

   in sub-paragraph (3)(a) and (b), for “the traffic commissioner”, substitute “a traffic commissioner”.

In paragraph 15—

1. (a)

   in sub-paragraph (2)(a), for “whether or not to hold an inquiry”, substitute “whether or not an inquiry should be held”; and

2. (b)

   in sub-paragraph (2A), for “The traffic commissioner” substitute “A traffic commissioner”.

In paragraph 17—

1. (a)

   in sub-paragraph (1), for the words from “The traffic commissioner” to “cancel the order”, substitute “A traffic commissioner may, subject to sub-paragraph (2), at any time cancel a disqualification order made under paragraph 16(2)”;

2. (b)

   in sub-paragraph (3)—

   1. (i)

      after “the traffic commissioner” in the first place where those words occur, insert “who made the order or another traffic commissioner”; and

   2. (ii)

      for paragraph (b) substitute—

      “(b)

      at the instigation of the traffic commissioner.”;

3. (c)

   in sub-paragraph (4)—

   1. (i)

      for the words from “making a variation” to “serve a notice”, substitute “a variation is made under sub-paragraph (3)(b), a notice must be served”; and

   2. (ii)

      in paragraph (a), for “the traffic commissioner’s intention” substitute “an intention”; and

4. (d)

   in sub-paragraph (5), after “the traffic commissioner”, insert “dealing with the matter”.

After paragraph 4, add—

“5.

In this Schedule “the traffic commissioner”, in the case of any application, means the traffic commissioner dealing with the application.”

In column 2—

1. (a)

   in the entry relating to section 12(3) of the 1981 Act, for the words from “by the traffic commissioner” to “area”, substitute “in relation to the same traffic area”;

2. (b)

   in the entry relating to section 14(1) of the 1981 Act—

   1. (i)

      for “the traffic commissioner”, in the first place where those words occur, substitute “a traffic commissioner”;

   2. (ii)

      for “unless he is” substitute “unless a traffic commissioner is”; and

   3. (iii)

      for “the traffic commissioner”, in the second place where those words occur, substitute “the traffic commissioner dealing with the application”;

3. (c)

   in the entry relating to section 17(1) of the 1981 Act, for “the traffic commissioner”, substitute “a traffic commissioner”;

4. (d)

   in the entry relating to section 19(1) of the 1981 Act, for “to whom the application was made”, substitute “dealing with the application”;

1. (e)

   in the entry relating to section 19(2) of the 1981 Act, for “the traffic commissioner by whom the licence was granted”, substitute “a traffic commissioner”; and

2. (f)

   in the entry relating to section 19(3) of the 1981 Act, for “the traffic commissioner by whom the licence was granted”, substitute “a traffic commissioner”.

In paragraph (1)—

1. (a)

   for “the traffic commissioner for any traffic area in Great Britain”, substitute “a traffic commissioner”; and

2. (b)

   for “his traffic area”, substitute “Great Britain”.

In paragraph (2)—

1. (a)

   omit “by whom a licence is issued”; and

2. (b)

   for “the licence”, substitute “a licence”.

In paragraph (1)—

1. (a)

   for “The traffic commissioner”, substitute “A traffic commissioner”;

2. (b)

   in sub-paragraph (a)(ii), for “he proposes to hold inquiries and the applications which he proposes to consider”, substitute “inquiries are proposed to be held and the applications which are proposed for consideration”;

3. (c)

   in sub-paragraph (a)(iii), omit “the traffic commissioner’s” and “his”;

4. (d)

   in sub-paragraph (c), for “he proposes”, substitute “it is proposed”; and

5. (e)

   in sub-paragraph (d), omit “of his”.

In paragraph (3)—

1. (a)

   for the words from “may be inspected” to “as he”, substitute “shall be made available for inspection at such places as the traffic commissioner by whom it was issued”; and

2. (b)

   for “the traffic commissioner” in the second place where those words occur, substitute “a traffic commissioner”.

In paragraph (1)—

1. (a)

   for “the traffic commissioner by whom the licence was issued”, substitute “a traffic commissioner”; and

2. (b)

   for “that traffic commissioner”, substitute “a traffic commissioner”.

In paragraph (1)—

1. (a)

   for “the traffic commissioner for any traffic area”, substitute “a traffic commissioner”; and

2. (b)

   in sub-paragraph (a)—

   1. (i)

      for “of that area,” substitute “of a particular traffic area,”; and

   2. (ii)

      after “of a licence”, insert “in respect of that area”.

In paragraph (5), in the wording in quotation marks—

1. (a)

   for “The traffic commissioner” substitute “A traffic commissioner”; and

2. (b)

   for “to him” substitute “which is received”.

In paragraph 2, in the wording in quotation marks—

1. (a)

   for “[address of Traffic Area Office]”, substitute “[specify the address]”; and

2. (b)

   for “the Traffic Commissioner’s office” substitute “[specify the address]”.

In paragraph 2(h), in the wording in quotation marks—

1. (a)

   for “The traffic commissioner” substitute “A traffic commissioner”; and

2. (b)

   for “to him” substitute “which is received”.

In paragraph 1—

1. (a)

   in sub-paragraphs (1) and (2), for “The traffic commissioner”, substitute “A traffic commissioner”; and

2. (b)

   in sub-paragraphs (4) and (5), for “the traffic commissioner”, substitute “a traffic commissioner”.

In paragraph 8, for the words from ““inquiry” means” to “Act 1995”, substitute—

“—

“inquiry” means an inquiry held for the purposes of the Goods Vehicles (Licensing of Operators) Act 1995^f15; and

“the traffic commissioner” means the traffic commissioner holding an inquiry”.

In paragraph (2)—

1. (a)

   for “The traffic commissioner” substitute “A traffic commissioner”; and

2. (b)

   in sub-paragraph (a), for “the office of his traffic area”, substitute “an office provided for the use of a traffic commissioner in relation to the traffic area to which the application relates”.

In paragraph (3)—

1. (a)

   for “the traffic commissioner” where those words first occur, substitute “a traffic commissioner”; and

2. (b)

   for “at the office of his traffic area”, substitute “at an office provided for the use of a traffic commissioner in relation to the traffic area to which the application relates”.

For regulation 8 substitute—

“Requirements of notice and consideration of representations

8.

(1)

Paragraph (2) applies where—

(a)

a condition or additional condition is attached to a licence under section 16(3) other than on the grant of the licence, or

(b)

any condition attached to a licence under section 16(3), except a condition treated as so attached by virtue of section 27(4) of the 1985 Act, is altered under section 16(5)(a) other than at the holder’s request.

(2)

Before any such attachment or alteration is made—

(a)

a traffic commissioner shall give the holder notice of the proposal to do so, and

(b)

the traffic commissioner dealing with the matter shall consider any written representations from the holder about that proposal which are received within 14 days of such notice.”

For paragraph (1) substitute—

“(1)

Before—

(a)

any powers under section 17(1) or (2) are exercised in relation to a licence,

(b)

any condition is attached to a licence under section 26 of the 1985 Act, except—

(i)

on the grant of the licence, or

(ii)

if section 27(2) of that Act applies,

(c)

any condition attached to a licence under section 26 of the 1985 Act is varied, or

(d)

an order is made under section 28(1) of the 1985 Act in respect of a licence,

a traffic commissioner shall give notice to the holder or former holder.”

In paragraph (2)—

1. (a)

   for sub-paragraph (a), substitute—

   “(a)

   that one or more of such actions is under consideration;”;

2. (b)

   in sub-paragraph (e)(i), for “he proposes”, substitute “it is proposed”; and

3. (c)

   in sub-paragraph (e)(ii)—

   1. (i)

      for “he does not propose” substitute “it is not proposed”, and

   2. (ii)

      for “him to do so” substitute “that an inquiry be held”.

In paragraph (3)—

1. (a)

   for “the traffic commissioner” where those words first occur, substitute “a traffic commissioner”; and

2. (b)

   for the words from “so that the” to “marked as such”, substitute “to a traffic commissioner so that a duplicate, marked as such, may be provided”.

In paragraph (3)—

1. (a)

   for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”; and

2. (b)

   for the words from “the traffic commissioner”, in the second place where those words occur, to “to the holder”, substitute “a traffic commissioner for the appropriate addition, alteration, variation or removal to be made prior to the return of the licence to the holder”.

In paragraph (6)—

1. (a)

   in sub-paragraph (a), for “the office of his traffic area”, substitute “an office provided for the use of a traffic commissioner in relation to the traffic area to which the licence or disc relates”;

2. (b)

   in sub-paragraph (b), for “the office of his traffic area”, substitute “such an office”; and

3. (c)

   for “the traffic commissioner” in the second place where those words occur, substitute “a traffic commissioner”.

In paragraph (1)—

1. (a)

   for “the traffic commissioner by whom the licence was issued”, substitute “a traffic commissioner”;

2. (b)

   for “the office of his traffic area”, substitute “an office provided for the use of a traffic commissioner in relation to the traffic area to which the licence relates”; and

3. (c)

   for “that address”, substitute “such an office”.

In paragraph (1)—

1. (a)

   for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”; and

2. (b)

   for “the traffic commissioner for any traffic area”, substitute “a traffic commissioner”.

In paragraph (2)—

1. (a)

   omit the words from “within the traffic area” to “granted”; and

2. (b)

   insert at the end “within the traffic area to which the licence relates”.

In paragraph (m), in the words in quotation marks—

1. (a)

   for “to inform him” substitute “to inform a traffic commissioner”; and

2. (b)

   for “the traffic commissioner” substitute “a traffic commissioner”.

1. (a)

   Omit the entry relating to the “Traffic Commissioner for the Scottish Traffic Area”; and

2. (b)

   Insert in the appropriate place in alphabetical order—

   “

   Scottish Traffic Commissioner

   Section 4(1) of the Public Passenger Vehicles Act 1981 (c.14)

   ”.

For the definition of “traffic commissioner” substitute—

““traffic commissioner” means a commissioner appointed under section 4 of the Public Passenger Vehicles Act  1981^f26;”.

In paragraph (2), for sub-paragraph (b), substitute—

“(b)

if a particular court is not nominated under sub-paragraph (a), the Carlisle Combined Court Centre. ”

In paragraph (2), for “the traffic commissioner”, substitute—

“—

(a)

the traffic commissioner who made the decision in respect of which the application is made; or

(b)

as the case may be, such other traffic commissioner as may be required by the senior traffic commissioner to deal with the application”.

In paragraph (1)—

1. (a)

   before “receipt”, insert “the”;

2. (b)

   after “the traffic commissioner”, insert “who made the decision, or such other traffic commissioner as may be dealing with the application,”; and

3. (c)

   for “his reasons for refusing or withdrawing”, substitute “the reasons for the refusal or withdrawal of”.

In paragraph (3), for “the traffic commissioner”, substitute—

“—

(a)

the traffic commissioner who made the decision in respect of which the application is made; or

(b)

such other traffic commissioner as may be dealing with the application”.

In paragraph (1)—

1. (a)

   before “receipt”, insert “the”; and

2. (b)

   after “the traffic commissioner” where those words first occur, insert “who made the decision against which the appeal is brought or, as the case may be, such other traffic commissioner as may be dealing with the appeal,”.

In paragraph (1)—

1. (a)

   in sub-paragraph (a)(iia), for “the traffic commissioner”, substitute “a traffic commissioner”; and

2. (b)

   for sub-paragraph (b)(ii) substitute—

   “(ii)

   a traffic commissioner;”.

In paragraph (1)—

1. (a)

   in sub-paragraph (a), for “the traffic commissioner”, substitute “a traffic commissioner”;

2. (b)

   for sub-paragraph (b), substitute—

   “(b)

   following the receipt of an application under regulation 10(1) a traffic commissioner decides that it would be appropriate for a hearing to be held before a determination on the application is made,”;

3. (c)

   for the words “the traffic commissioner shall” immediately following sub-paragraph (b), substitute “a traffic commissioner shall”;

4. (d)

   for “of receipt”, substitute “of the receipt”; and

5. (e)

   omit “of the traffic commissioner”.

In paragraph (2), for sub-paragraph (b), substitute—

“(b)

a traffic commissioner;”.

For the entry relating to the Traffic Commissioner for the Welsh Traffic Area substitute—

“Any traffic commissioner who carries out functions only or mainly in or as regards Wales, in respect of information held by that traffic commissioner otherwise than as a tribunal.”

In regulation 2(1), for the definition of “issuing body”, substitute—

““issuing body” means—

(a)

a traffic commissioner; or

(b)

as the case may be, the designated body which granted a permit and issued a corresponding disc;”.

For paragraphs (a) and (b), substitute—

“(a)

a traffic commissioner; or

(b)

if the designated body which revoked the permit has not ceased to be a designated body, that designated body.”

In paragraph (1)—

1. (a)

   omit “who granted a permit”; and

2. (b)

   for “to it”, substitute “to a permit”.

In paragraph (3)—

1. (a)

   for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”; and

2. (b)

   for “if requested to do so”, substitute “if a request has been made”.

In paragraph (3)—

1. (a)

   for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”; and

2. (b)

   for “if requested to do so”, substitute “if a request has been made”.

In paragraph (3), for sub-paragraph (b), substitute—

“(b)

a traffic commissioner;”.

In paragraph (4)—

1. (a)

   in sub-paragraph (c)(i), for the words from “the traffic commissioner” to “was detained”, substitute “a traffic commissioner”; and

2. (b)

   in sub-paragraph (d), for “the traffic commissioner”, substitute “a traffic commissioner”.

In paragraph (1)—

1. (a)

   in sub-paragraph (a), for “the traffic commissioner”, substitute “a traffic commissioner”;

2. (b)

   for sub-paragraph (b), substitute—

   “(b)

   following the receipt of an application under regulation 11(1) a traffic commissioner decides that it would be appropriate for a hearing to be held before a determination on the application is made,”;

3. (c)

   for the words “the traffic commissioner must” immediately following sub-paragraph (b), substitute “a traffic commissioner must”;

4. (d)

   for “of receipt”, substitute “of the receipt”; and

5. (e)

   omit “of the traffic commissioner”.

After paragraph (6) add—

“(7)

In this regulation “the traffic commissioner” means the traffic commissioner dealing with the application.”

In paragraph (4), for sub-paragraph (b), substitute—

“(b)

a traffic commissioner;”.

In paragraph 31, for sub-paragraph (a), substitute—

“(a)

shall consult the senior traffic commissioner appointed under section 4A of the Public Passenger Vehicles Act 1981^f4, and”.

In subsection (9)—

1. (a)

   in paragraph (c)(i), for “the traffic commissioner” substitute “a traffic commissioner”;

2. (b)

   in paragraph (c)(ii), for “he” substitute “a traffic commissioner”;

3. (c)

   in paragraph (e)—

   1. (i)

      for “the traffic commissioner to whom it is made” substitute “a traffic commissioner”,

   2. (ii)

      for “the commissioner” substitute “a traffic commissioner”, and

   3. (iii)

      for “as he may reasonably” substitute “as a traffic commissioner may reasonably”;

4. (d)

   omit paragraph (f); and

5. (e)

   in paragraph (j), for “the traffic commissioner” substitute “a traffic commissioner”.

In subsection (1)—

1. (a)

   in paragraph (b), omit the words “to a traffic commissioner”; and

2. (b)

   in paragraph (c), for “the traffic commissioner” substitute “a traffic commissioner”.

In subsection (8), insert the following definition at the appropriate place—

• ““the traffic commissioner” means the traffic commissioner dealing with the application.”

In subsection (1)—

1. (a)

   for “him”, substitute “a traffic commissioner”; and

2. (b)

   for “the traffic commissioner for any traffic area”, substitute “he or any other traffic commissioner”.

In subsection (8)—

1. (a)

   for “the traffic commissioner for any traffic area”, substitute “a traffic commissioner”; and

2. (b)

   for “his traffic area”, substitute “a traffic area”.

In subsection (11)—

1. (a)

   for “he”, substitute “he or another traffic commissioner”; and

2. (b)

   for the words from “if any person” to “asked him to do so”, substitute “if a request for a traffic commissioner to do so is made to a traffic commissioner, before the end of the prescribed period, by any person mentioned in subsection (9)(a) or (c) above or any other traffic authority affected by the conditions”.

In subsection (14)—

1. (a)

   for “determined by him”, substitute “(whether determined by him or another traffic commissioner)”; and

2. (b)

   for “on being requested to do so”, substitute “if a request for a traffic commissioner to do so is made to a traffic commissioner”.

In subsection (6), for paragraph (d), substitute—

“(d)

a traffic commissioner.”

In subsection (1A)—

1. (a)

   for “The traffic commissioner”, substitute “A traffic commissioner”; and

2. (b)

   omit the words “, or direct a traffic commissioner for another traffic area to attach,”.

In subsection (5A)—

1. (a)

   for “The traffic commissioner”, substitute “A traffic commissioner”; and

2. (b)

   omit “, or direct a traffic commissioner for another traffic area to attach,”.

After subsection (7) insert—

“(7A)

In this section “the traffic commissioner” means the traffic commissioner dealing with the matter.”

In subsection (2), for paragraphs (d) and (e), substitute—

“(d)

a traffic commissioner;”.

In subsection (3), for paragraph (d), substitute—

“(d)

a traffic commissioner,”.

In subsection (6)—

1. (a)

   omit the word “and” immediately preceding paragraph (b); and

2. (b)

   in paragraph (b), for the words from “and the traffic commissioner” to “relates”, substitute—

   “, and

   (c)

   to a traffic commissioner”.

In subsection (3)—

1. (a)

   omit the word “and” immediately preceding paragraph (b); and

2. (b)

   in paragraph (b), for the words from “and the traffic commissioner” to “relates”, substitute—

   “, and

   (c)

   to a traffic commissioner”.

In subsection (3)—

1. (a)

   omit the word “and” immediately preceding paragraph (b); and

2. (b)

   in paragraph (b), for the words from “and the traffic commissioner” to “relates”, substitute—

   “, and

   (c)

   to a traffic commissioner”.

In subsection (6)—

1. (a)

   in paragraphs (a) and (b), for “each relevant traffic commissioner”, substitute “a traffic commissioner”; and

2. (b)

   omit the second sentence.

For subsection (7), substitute—

“(7)

Any application to a traffic commissioner under paragraph (b) of subsection (5) must be made at least one month before the date mentioned in paragraph (a) of that subsection.”

In subsection (3), for paragraph (c), substitute—

“(c)

a traffic commissioner.”

In subsection (4), for paragraph (b), substitute—

“(b)

to a traffic commissioner,”.

In subsection (2), for paragraph (b), substitute—

“(b)

a traffic commissioner.”

For paragraphs (1) and (2), substitute—

“(1)

An application for registration of particulars of a service shall be made to a traffic commissioner.”

In paragraph (5)—

1. (a)

   for “The traffic commissioner”, substitute “A traffic commissioner”; and

2. (b)

   omit “by him”.

In paragraph (2)—

1. (a)

   in sub-paragraph (a), for the words from “without first” to “to do so”, substitute “unless a notice in writing of the intention to do so has been sent by post”; and

2. (b)

   in sub-paragraph (b), for “he sent the notice”, substitute “the notice was sent”.

In paragraph (4)—

1. (a)

   for “The traffic commissioner”, substitute “A traffic commissioner”; and

2. (b)

   omit “by him”.

In paragraph (4)—

1. (a)

   for “the traffic commissioner has made a decision”, substitute “a decision has been made”; and

2. (b)

   for “the traffic commissioner” in the second place where those words occur, substitute “the traffic commissioner dealing with the relevant application”.

In paragraph (1)—

1. (a)

   for “to the traffic commissioner, the traffic commissioner must”, substitute “, the traffic commissioner dealing with the relevant application must”; and

2. (b)

   for “the relevant application”, substitute “the application”.

In paragraph (1), for the definition of “traffic commissioner”, substitute—

““traffic commissioner” means a commissioner appointed under section 4 of the 1981 Act^f4.”

After paragraph (7), add—

“(8)

In this regulation, “the traffic commissioner” means the traffic commissioner dealing with the referral in question.”

In paragraph (8)—

1. (a)

   for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”; and

2. (b)

   for “the traffic commissioner” in the second place where those words occur, substitute “the traffic commissioner dealing with the referral”.

In paragraph (1), for the definition of “traffic commissioner”, substitute—

• ““traffic commissioner” means a commissioner appointed under section 4 of the 1981 Act^f5.”

Ym mharagraff (1), yn lle’r diffiniad o “comisiynydd traffig”, rhodder—

• “ystyr “comisiynydd traffig” (“traffic commissioner”) yw comisiynydd a benodwyd o dan adran 4 o Ddeddf 1981^f6.”

After paragraph (7), add—

“(8)

In this regulation, “the traffic commissioner” means the traffic commissioner dealing with the referral in question.”

Ar ôl paragraff (7) ychwaneger—

“(8)

Yn y rheoliad hwn, ystyr “y comisiynydd traffig” (“the traffic commissioner”) yw’r comisiynydd traffig sy’n ymdrin â’r atgyfeiriad o dan sylw.”

In paragraph (8)—

1. (a)

   for “the traffic commissioner” in the first place where those words occur, substitute “a traffic commissioner”; and

2. (b)

   for “the traffic commissioner” in the second place where those words occur, substitute “the traffic commissioner dealing with the referral”.

Ym mharagraff (8)—

1. (a)

   yn lle “y comisiynydd traffig”, rhodder “gomisiynydd traffig”; a

2. (b)

   yn lle “i’r comisiynydd traffig”, rhodder “i’r comisiynydd traffig sy’n ymdrin â’r atgyfeiriad”.