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The Control of Fuel and Electricity, Local Government and Transport (Revocations and Savings) Order 2013

S.I. 2013/2986 · Made 26 November 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Control Of Fuel And Electricity

Local Government, England And Wales

London Government

Public Passenger Transport

Transport, England And Wales

Made 26th November 2013

Laid before Parliament 2nd December 2013

Coming into force 31st December 2013

The Secretary of State, in whom the powers conferred by the provisions set out in Schedule 1 to this Order now vestf1, makes the following Order.

The Secretary of State has consulted organisations representative of manufacturers, importers, distributors and retailers of cars for the United Kingdom market so far as is required by section 15(5) of the Energy Act 1976f2 for the purposes of this Order.

Annotations to the whole text

Footnotes

f1

S.I. 1970/1681 transferred functions from the Minister of Transport to the Secretary of State and the Secretary of State for the Environment. S.I. 1976/1775 transferred transport functions exercised by the Secretary of State for the Environment to the Secretary of State for Transport. S.I. 1979/571 transferred functions of the Secretary of State for Transport to the Minister of Transport. S.I. 1981/238 transferred functions of the Minister of Transport to the Secretary of State for Transport. S.I. 1997/2971 transferred the functions of the Secretary of State for Transport to the Secretary of State for the Environment, Transport and the Regions. S.I. 2001/2568 transferred the functions of the Secretary of State for the Environment, Transport and the Regions to the Secretary of State for Transport, Local Government and the Regions. S.I. 2002/2626 transferred functions of the Secretary of State for Transport, Local Government and the Regions to the First Secretary of State. S.I. 2008/1034 transferred the functions of the First Secretary of State that were the functions of the Secretary of State for Transport immediately before the coming into force of S.I. 1997/2971, to the Secretary of State. It also transferred any function of the First Secretary of State not transferred by any other provision of the Order to the Secretary of State.

f2

1976 c. 76.

Contents

  1. 1Citation and commencement
  2. 2Revocations
  3. 3Saving provisions
  4. 4Saving provisions
  5. Signature
  6. Schedule 1Schedule 1
  7. Schedule 2Schedule 2
  8. Schedule 3Schedule 3
  9. Explanatory note

1Citation and commencement

This Order may be cited as the Control of Fuel and Electricity, Local Government and Transport (Revocations and Savings) Order 2013 and comes into force on 31st December 2013.

2Revocations

(1)

The Orders listed in the table in Schedule 2 are revoked.

(2)

The Orders listed in column 1 of the table in Schedule 3 are revoked to the extent specified in the corresponding entry in column 3 of that table.

3Saving provisions

The revocation by this Order of the Transport Holding Company (Dissolution) Order 1973f1 (“the 1973 Order”) does not affect—

(a)

any property, rights or liabilities to which the National Freight Corporation and its successors remain entitled or subject by virtue of the transfer of such property, rights or liabilities made by article 2(1) of the 1973 Order;

(b)

such powers as may vest in the National Freight Corporation and its successors to deal with or discharge such property, rights and liabilities by virtue of article 2(2) of the 1973 Order;

(c)

the modifications made to section 2 of the Transport Holding Company Act 1972f2 by article 3(2) of and Schedule 1 to the 1973 Order.

4Saving provisions

The revocation by this Order of the National Bus Company (Dissolution) Order 1991f1 (“the 1991 Order”) does not—

(a)

affect any property, rights or liabilities to which the Secretary of State is entitled or subject by virtue of the transfer of such property, rights or liabilities made by article 3 of the 1991 Order;

(b)

revive the amendment made by article 5(1) and (2)f2 of the 1991 Order.

Signature

Signed by authority of the Secretary of State for Transport

Stephen Hammond

Parliamentary Under Secretary of State

Department for Transport

26th November 2013

Schedule 1

Provisions conferring powers exercised in the making of this Order

Enactment conferring power
Transport Act 1968f1Sections 53(1) and 157
Transport Holding Company Act 1972f2Sections 1(6) and 2(3)(e) and (6)
Energy Act 1976f3Sections 15(1), (2), (3), (6) and (7), and 17(2) and (4)(b)
Local Government Act 1985f4Section 101(1) and (2)
Transport Act 1985f5Sections 54(1) to (3), 66(2) to (4), 73(6) and 129(5)
Local Government Finance Act 1988f6Section 147(1) and (2)
Greater London Authority Act 1999f7Sections 405(2) and 406

Schedule 2

Revocations

Order revoked

Reference
The Public Passenger Transport Policies (Anticipatory Exercise of Powers) Order 1986S.I. 1986/81
The London Traffic Control System (Transfer) Order 1988S.I. 1988/166
The London Traffic Control System (Transfer) (Amendment) Order 1998S.I. 1998/654
The Regulation of Bus Services in Greater London (Transitional Provisions) Order 2000S.I. 2000/1462

Schedule 3

Revocations

Column 1

Column 2

Column 3

Order revoked

Reference

Extent of revocation
The Transport Holding Company (Transfer of Assets) Order 1971S.I 1971/1254The whole Order in England and Wales
The Transport Holding Company (Dissolution) Order 1973S.I. 1973/338The whole Order in England and Wales
The Passenger Car Fuel Consumption Order 1983S.I. 1983/1486The whole Order in England, Wales and Scotland
The Public Transport Companies (Permitted Maximum and Required Minimum Numbers of Directors) Order 1985S.I. 1985/1901The whole Order in England
The Transport Act 1985 (Exclusion of Bus Operating Powers and Exemption for Councils Running Small Bus Undertakings) Order 1985S.I. 1985/1902Articles 2 to 4 and the Schedule in England
The Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) Order 1985S.I. 1985/1903The whole Order in England and Wales
The Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) (Amendment) Order 1987S.I.1987/337The whole Order in England and Wales
The London Regional Transport Levy (General Rate Act 1967) (Modification) Order 1988S.I. 1988/2153The whole Order in England
The National Bus Company (Dissolution) Order 1991S.I. 1991/510The whole Order in England and Wales
The Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) (Further Modification) Order 1993S.I. 1993/2797The whole Order in England and Wales
The Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) (Further Modification) (Amendment) Order 1993S.I. 1993/2909The whole Order in England and Wales
The Passenger Car Fuel Consumption (Amendment) Order 1996S.I. 1996/1132The whole Order in England, Wales and Scotland

Explanatory note

(This note is not part of the Order)

This Order revokes, either in whole or in part, 16 Orders relating to transport and makes two saving provisions.

The Public Passenger Transport Policies (Anticipatory Exercise of Powers) Order 1986 (S.I. 1986/81) established metropolitan county passenger transport authorities so as to enable them to take certain preliminary steps prior to the establishment of Passenger Transport Authorities and Executives. These bodies came into being in April 1986 and this Order is now spent.

The Traffic Control System (Transfer) Order 1988 (S.I. 1988/166) and one amending instrument (S.I. 1998/654) make provision for the exercise of the Secretary of State’s powers in respect of the London Traffic Control System. The system has now been transferred to Transport for London and the Orders are no longer required.

The Regulation of Bus Services in Greater London (Transitional Provisions) Order 2000 (S.I. 2000/1462) made transitional provisions following changes to the regulation of some local bus services in London introduced by the Greater London Authority Act 1999. The transitional period has now passed.

The Transport Holding Company (Transfer of Assets) Order 1971 (S.I. 1971/1254) transferred certain assets from the Transport Holding Company (which was created by the Transport Act 1962 to administer certain state-owned transport, travel and engineering companies previously managed by the British Transport Commission). The Company was subsequently dissolved by the Transport Holding Company (Dissolution) Order 1973 (S.I. 1973/338) with property, rights and liabilities transferred to the National Freight Corporation. These provisions are spent. A saving provision has been included in article 3 of this Order in respect of S.I. 1973/338 to ensure that the revocation does not affect any such property, rights or liabilities which now vest in the National Freight Corporation or its successors.

The Passenger Car Fuel Consumption Order 1983 (S.I. 1983/1486) and one amending instrument (S.I. 1996/1132) implemented requirements relating to the determination of the fuel consumption of certain motor vehicles, including the testing requirements and procedures. The necessary requirements now form part of the Europe-wide type approval process and these provisions have been superseded.

The Public Transport Companies (Permitted Maximum and Required Minimum Numbers of Directors) Order 1985 (S.I. 1985/1901) prescribes the maximum and minimum numbers of directors of public transport companies. A public transport company is a company formed under provisions in the Transport Act 1985 to take over the operation of local authority bus undertakings. The revocation of this Order removes those restrictions.

Articles 2 to 4 of the Transport Act 1985 (Exclusion of Bus Operating Powers and Exemption for Councils Running Small Bus Undertakings) Order 1985 (S.I. 1985/1902) specify the primary and preparatory periods for the cessation of powers of certain local authorities to operate bus undertakings. These provisions are now spent. Article 5, which exempts local authorities with small bus undertakings (no more than ten vehicles) from these provisions, is retained.

The Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) Order 1985 (S.I. 1985/1903) and three related Orders (S.I. 1987/337, 1993/2797 and 1993/2909) modify Schedule 4 to the Transport Act 1968 (supplementary provisions as to certain transfers of property, rights and liabilities) in its application to the transfer of local authority bus undertakings to other companies. The Secretary of State is satisfied that there are no remaining undertakings in England and Wales to which these provisions are relevant.

The London Regional Transport Levy (General Rate Act 1967) (Modification) Order 1988 (S.I. 1988/2153) modified provisions in the General Rate Act 1967 as they applied to levies imposed by the Secretary of State on rating authorities in Greater London. The purpose of such levies was to recover expenditure on London Regional Transport. The provisions are now spent.

The National Bus Company (Dissolution) Order 1991 (S.I. 1991/510) dissolved the National Bus Company and transferred all property, rights and liabilities to the Secretary of State. Article 4 of this Order contains a saving provision to ensure that the revocation does not affect any such property, rights or liabilities.

A full impact assessment has not been produced for this instrument as no impact on business or the public or voluntary sectors is foreseen. The Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.