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An Act to make further provision with respect to the finances and management of certain Transport Executives; and to reduce the indebtedness of the National Dock Labour Board in respect of money borrowed from the Secretary of State for financing severance payments to registered dock workers.
[28th March 1983]
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:—
In this Part of this Act—
“the Act of 1968” means the M1Transport Act 1968;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
“Executive” means—
(a)the Passenger Transport Executive for [F2any passenger transport area (within the meaning of Part II of the Act of 1968)]; . . . F3
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
[F4“Authority” means, in relation to any such Passenger Transport Executive, the metropolitan county passenger transport authority.]
“revenue grants” means grants under section 13 of the Act of 1968 . . . F5 in aid of the revenues of an Executive (including grants made under [F6that section] in respect of reductions in fares for children) and accordingly references to the revenues of an Executive include references to sums received by way of revenue grants;
“year” means a period of twelve months beginning with 1st April.
F1Definition repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a), Sch. 6 para. 28(a)(i)
F2Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 30
F3Paragraph (b) and the word “and” immediately preceding it repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a), Sch. 6 para. 28(a)(ii)
F4Definition substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 39, Sch. 12 para. 5(2)(5)
F5Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a), Sch. 6 para. 28(a)(iii)(b)
F6Words substituted by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a), Sch. 6 para. 28(a)(iii)(b)
M11968 c. 73.
(1)An Executive shall so perform their functions as to ensure so far as practicable that the combined revenues of the Executive and any subsidiaries of theirs for any accounting period are not less than sufficient to meet their combined charges properly chargeable to revenue account in that period.
(2)If in the case of any accounting period it is not practicable for an Executive to ensure that those revenues are sufficient to meet those charges, subsection (1) above shall have effect in relation to the next following accounting period as if the combined charges there referred to included an amount equal to the amount of the deficit.
(3)For the purposes of this section there shall be disregarded any deficit or potential deficit in an accounting period to the extent to which it is or is to be covered by the appropriation of any reserves of the Executive available for the purpose if the appropriation of those reserves for that purpose has been proposed by the Executive F1. . . and approved by the Authority F2. . ..
(4)An Authority in exercising or performing any of their functions F3. . . shall have regard to the duty imposed on an Executive by this section.
(5)In this section “subsidiary” has the meaning given by section 92(1) of the M1Transport Act 1962, . . . F4
F1Words in s. 2(3) repealed (1.2.2001 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to Sch. 3 Pt. II); S.I. 2002/2024 art. 2(b)
F2Words in s. 2(3) repealed (1.2.2001 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to Sch. 3 Pt. II); S.I. 2002/2024, art. 2(b)
F3Words in s. 2(4) repealed (1.2.2001 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to Sch. 3 Pt. II); S.I. 2002/2024, art. 2(b)
F4Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a)(b), Sch. 6 para. 29(b), Sch. 7
M11962 c. 46.
F1S. 3 shall cease to have effect (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 159; S.I. 2001/57, art. 3, Sch. 3 Pt. I (with Sch. 3 Pt. II); S.I. 2001/2788, art. 2, Sch. 1 para. 10 and repealed (1.2.2001 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2001/57, art. 3, Sch. 3 Pt. I (with Sch. 3 Pt. II); S.I. 2002/2024, art. 2(b)
F1S. 4 shall cease to have effect (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 159; S.I. 2001/57, art. 3, Sch. 3 Pt. I (with Sch. 3 Pt. II); S.I. 2001 2788, art. 2, Sch. 1 para. 10 and repealed (1.2.2001 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2001/57, art. 3, Sch. 3 Pt. I (with Sch. 3 Pt. II); S.I. 2002/2024, art. 2(b)
F1S. 5 shall cease to have effect (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 159; S.I. 2001/57, art. 3, Sch. 3 Pt. I (with Sch. 3 Pt. II); S.I. 2001/2788, art. 2, Sch. 1 para. 10 and repealed (1.2.2001 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2001/57, art. 3, Sch. 3 Pt. I (with Sch. 3 Pt. II); S.I. 2002/2024, art. 2(b)
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Before giving or withholding any approval required by section 15(2)(a) of the Act of 1968 . . . F3 the Authority shall have regard in particular to the extent to which their decision will affect the amount of revenue grants that will be needed to enable the Executive to comply with their duty under section 2 above and to the need to achieve a proper balance between the interests of the ratepayers in their area and the interests of transport users.
F1S. 6(1)(2)(5)(6) repealed (1.2.2001 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to Sch. 3 Pt. II); S.I. 2002/2024 art. 2
F2S. 6(3)(4) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 39, 102(2), Sch. 12 para. 5(3)(5), Sch. 17
F3Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7
(1)An Authority shall, whenever the Secretary of State so requires, cause a review to be made of the organisation of the Executive for the purpose of determining whether, in the interests of managing the activities of the Executive in the most efficient manner, any particular activities of the Executive should be managed as separate units with separate accounts.
(2)The Authority shall inform the Executive in writing of the results of any such review and of the Authority’s conclusions arising from it; and the report under section 16 of the Act of 1968 . . . F1 for the accounting period of the Executive in which they are so informed shall contain a statement showing the steps they have taken or propose to take in the light of the Authority’s conclusions.
(3)Nothing in this section affects the power of an authority to cause reviews to be made of the organisation of an Executive under section 15A(3) of the Act of 1968 . . . F1.
F1Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7
(1)An Executive shall, in the case of such activities carried on by the Executive as they may determine to be apppropriate, invite other persons to submit tenders to carry on those activities for such period and on such basis as the Executive may specify in the invitation to tender.
(2)If the Authority so direct, the Executive shall invite tenders to carry on, for such period and on such basis as may be specified in the direction, such activities or descriptions of activities carried on by the Executive as may be so specified.
(3)An Executive shall accept a tender invited pursuant to this section if it appears to them that to do so would result in the relevant activities being carried on in a satisfactory manner and at less cost to them than if they were to continue to carry on those activities themselves.
(4)Any direction under subsection (2) above shall be in writing and it shall be the duty of the Executive to give effect to it.
(5)Every report under section 16 of the Act of 1968 . . . F1 for an accounting period of an Executive shall contain a statement showing the steps which the Executive have taken in that period to comply with the requirements of subsections (1) and (2) above.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7
F2S. 8(6) repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7
C1S. 8 excluded by Transport Act 1985 (c. 67, SIF 126), s. 82(5)
(1)The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(3)In section 15(5) of the Act of 1968 (expenditure by an Authority in performing their functions) the reference to Part II of that Act shall include a reference to this Part of this Act.
(4)(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1S. 9(2) repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 32, Sch. 8
F2S. 9(4)(5) repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7
(1)In this Part of this Act—
(a)The following provisions shall have effect in relation to any accounting period of an Executive ending after 31st March 1983, namely—
sections 2 and 6(7);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1;
section 9(2) except so far as it relates to sections 13(3) and 15(3) of the Act of 1968;
section 9(3) . . . F1;
[F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .
. . .]
[F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .
. . .]
but subject to paragraphs (a) [F3. . .] above this Part shall come into force on the passing of this Act.
(2)An Authority shall not make any revenue grant in the year beginning on 1st April 1983 except in accordance with a determination made by them after the passing of this Act as to the amount of the revenue grants to be made by them in that year; and no such determination shall be made by an Authority unless they have been given guidance by the Secretary of State in relation to the determination and that guidance is taken into account by them in making the determination.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the purposes of section 2 above in its application to an accounting period of an Executive ending before 1st April 1984 there shall be disregarded any deficit or potential deficit to the extent to which it is or is to be covered by the appropriation of any reserves of the Executive available for the purpose if, at any time before or after the passing of this Act but before the Secretary of State gives his guidance to the Authority under subsection (2) above, the Executive have notified the Secretary of State of their intention to appropriate those reserves for that purpose.
F1Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7
F2S. 10(1)(b)(c)(3) repealed (E.) (1.2.2001) (W.) (14.8.2002) by 2000 c. 38, ss. 274, 275, Sch. 31 Pt. II; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to Sch. 3 Pt. II); S.I. 2002/2024 art. 2
F3Words in s. 10(1) repealed (E.) (1.2.2001) (W.) (14.8.2002) by 2000 c. 38, ss. 274, 275, Sch. 31 Pt. II; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to Sch. 3 Pt. II); S.I. 2002/2024 art. 2
Transport Act 1983