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Local Transport Act 2008 Page 1 Local Transport Act 2008 Page 1 Local Transport Act 2008 2008 CHAPTER 26 Thomson Reuters (Legal) Limited. UK Statutes Crown Copyright. Reproduced by permission of the Controller of Her Majesty©s Stationery Of®ce. An Act to make further provision in relation to local transport authorities, the provision and regulation of road transport services and the subsidising of passenger transport services; to amend sections 74, 75 and 79 of the Transport Act 1985; to make provision for or in relation to committees which represent the interests of users of public transport; to rename Passenger Transport Authorities as Integrated Transport Authorities and to make further provision in relation to them; to make further provision in relation to charging for the use of roads; to make provision about the meaning of ªstreet worksº and ªstreet works licenceº in Part 3 of the New Roads and Street Works Act 1991; to amend Part 6 of the Traf®c Management Act 2004 and section 90F of the Road Traf®c Offenders Act 1988; to make provision in relation to the acquisition, disclosure and use of information relating to vehicles registered outside the United Kingdom; and for connected purposes. [26th November 2008] BE IT ENACTED by the Queen©s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:Ð Extent Preamble: England, Wales PART 1 THE TRAFFIC COMMISSIONERS Law In Force 1 Traf®c areas (1) Section 3 of the PPVA 1981 (traf®c areas) is amended as follows. (2) After subsection (2) (orders varying traf®c areas) insertÐ Local Transport Act 2008 Page 2 ª(2A) The power to make an order under subsection (2) above includes power to makeÐ (a) such incidental, consequential, supplemental or transitional provision, and (b) such savings, as the Secretary of State may consider necessary or expedient for the purpose of, or in consequence of, or for giving full effect to, any order under that subsection for varying the number or limits of traf®c areas in England and Wales. (2B) The power conferred by subsection (2A) above includes power to amend or modify any provision of this Act or any other enactment (whenever passed or made) for the purpose of making any such provision or savings. (2C) The powers conferred by subsections (2A) and (2B) above are without prejudice to what may be done under subsection (3) below.º. Commencement Pt 1 s. 1(1)-(2): November 26, 2008 in relation to any power to make regulations or an order; February 9, 2009 otherwise (2008 c. 26 Pt 8 s. 134(1), Pt 8 s. 134(3); SI 2009/107 art. 2(1), Sch. 1(1) para. 1) Extent Pt 1 s. 1(1)-(2): England, Wales, Scotland Law In Force 2 Traf®c commissioners (1) Section 4 of the PPVA 1981 (traf®c commissioners) is amended as follows. (2) For subsections (1) and (2) (commissioner to be appointed for each traf®c area etc) substituteÐ ª(1) For the purposes of this Act there shall beÐ (a) such number of commissioners for England and Wales as the Secretary of State may consider appropriate; and (b) a single commissioner for the Scottish Traf®c Area (the ªScottish traf®c commissionerº). (2) The commissioners shall be appointed by the Secretary of State and shall be known as traf®c commissioners.º. (3) In subsection (3) (function of issuing licences) for ªThe traf®c commissioner for each traf®c areaº substitute ªA traf®c commissionerº. (4) After subsection (3) insertÐ ª(3A) A traf®c commissioner for England and WalesÐ (a) may exercise the functions of a traf®c commissioner in any traf®c area in England and Wales; and (b) may exercise in relation to the Scottish Traf®c Area any functions of a traf®c commissioner that relate to reserved matters within the meaning of the Scotland Act 1998. (3B) The Scottish traf®c commissionerÐ Local Transport Act 2008 Page 3 (a) is to exercise the functions of a traf®c commissioner in relation to the Scottish Traf®c Area; and (b) may exercise in relation to any traf®c area in England and Wales any functions of a traf®c commissioner that relate to reserved matters within the meaning of the Scotland Act 1998.º. (5) In subsection (4) (terms of of®ce) in the opening words, for ªthe traf®c commissioner for a traf®c areaº substitute ªa traf®c commissionerº. (6) In subsection (5) (declaration of certain ®nancial interests before appointment) for ªthe traf®c commissioner for a traf®c areaº substitute ªa traf®c commissionerº. (7) In section 82(1) of the PPVA 1981 (general de®nitions) insert at the appropriate placeÐ ªªthe Scottish traf®c commissionerºis to be read in accordance with section 4(1)(b) (the traf®c commissioner for the Scottish Traf®c Area);º. Commencement Pt 1 s. 2(1)-(7): July 3, 2013 being the day after the day on which the Secretary of State ®rst made an order under 2008 c.26 s.6 (2008 c. 26 Pt 1 s. 6; SI 2013/685 art. 3(2)(a); SI 2013/1644) Extent Pt 1 s. 2(1)-(7): England, Wales, Scotland Law In Force 3 The senior traf®c commissioner (1) After section 4 of the PPVA 1981 (traf®c commissioners) insertÐ ª4A Appointment of senior traf®c commissioner (1) One of the traf®c commissioners shall be appointed by the Secretary of State to be the senior traf®c commissioner. (2) The senior traf®c commissioner shall have such functions as may be conferred or imposed by or under any of the following enactmentsÐ (a) section 4B below (deployment of traf®c commissioners), (b) section 4C below (guidance and general directions), or any other provision of this Act or any other enactment. (3) The senior traf®c commissionerÐ (a) shall hold of®ce for such period as the Secretary of State speci®es when making the appointment; but (b) ceases to hold that of®ce on ceasing to hold of®ce as a traf®c commissioner. (4) A traf®c commissioner who has been the senior traf®c commissioner is eligible for re-appointment as the senior traf®c commissioner. Local Transport Act 2008 Page 4 (5) In the case of illness, incapacity or absence of the senior traf®c commissioner, the Secretary of State may appoint another traf®c commissioner to act as deputy for the senior traf®c commissioner. (6) Where the of®ce of senior traf®c commissioner becomes vacant, the Secretary of State may appoint a person (whether or not over the age of 65) to act as senior traf®c commissioner pending the appointment of a new senior traf®c commissioner. (7) Any person appointed under subsection (6) above shallÐ (a) hold of®ce for such period as the Secretary of State speci®es when making the appointment; and (b) during that period be treated for all purposes as the senior traf®c commissioner. 4B Power of senior traf®c commissioner to deploy other commissioners (1) In this sectionÐ (a) subsections (2) to (4) confer powers on the senior traf®c commissioner in relation to traf®c commissioners and deputy traf®c commissioners for England and Wales; and (b) subsections (5) to (7) confer powers on the senior traf®c commissioner in relation to the Scottish traf®c commissioner and any deputy traf®c commissioners for the Scottish traf®c area. (2) The senior traf®c commissioner may require any traf®c commissioner for England and Wales to carry out such of the functions of traf®c commissioner for England and Wales as the senior traf®c commissioner may determineÐ (a) in relation to such matters relating to England and Wales, or (b) as respects Scotland, in relation to such reserved matters, as the senior traf®c commissioner may determine. (3) The senior traf®c commissioner may require any traf®c commissioner for England and Wales to carry out such of those functions as the senior traf®c commissioner may determine at such placesÐ (a) in England and Wales, or (b) in the case of functions which relate to reserved matters and are exercisable in relation to Scotland, in Scotland, as the senior traf®c commissioner may determine. (4) Subsections (2) and (3) above also apply in relation to a deputy traf®c commissioner for England and Wales as they apply in relation to a traf®c commissioner for England and Wales, construing the references to functions accordingly. (5) The senior traf®c commissioner may require the Scottish traf®c commissioner to carry out as respects England and Wales such of the functions exercisable by the Scottish traf®c commissioner in relation to reserved matters by virtue of section 4(3B)(b) of this Act as the senior traf®c commissioner may determine. (6) The senior traf®c commissioner may require the Scottish traf®c commissioner to carry out such of those functions as the senior traf®c commissioner may determine at such places in England and Wales as the senior traf®c commissioner may determine. Local Transport Act 2008 Page 5 (7) Subsections (5) and (6) above also apply in relation to a deputy traf®c commissioner for the Scottish Traf®c Area as they apply in relation to the Scottish traf®c commissioner, construing the references to functions accordingly. (8) In this sectionÐ ªdeputy traf®c commissioner for the Scottish Traf®c Areaº means any person appointed under paragraph 3 or 4 of Schedule 2 to this Act to act as deputy in the case of the Scottish traf®c commissioner; ªreserved mattersº means reserved matters within the meaning of the Scotland Act 1998.
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