Office of Public Sector Information
PART IV continued
(2)It shall be the duty of a F2. . . council in Scotland, in relation to any part of their area which is not a passenger transport area—
(a)to secure the provision of such public passenger transport services as the council consider it appropriate to secure to meet any public transport requirements within their area which would not in their view be met apart from any action taken by them for that purpose; and
(b)to formulate from time to time general policies as to the descriptions of services they propose to secure under paragraph (a) above.
(3)In formulating policies under subsection F3. . . (2)(b) above with respect to the descriptions of services they propose to secure under subsection F3. . . (2)(a) above, a council shall have regard to any measures they are required or propose to take for meeting any transport requirements in exercise or performance of—
(a)any of their functions F4. . . as an education authority; or
(b)any of their F5. . . social work functions.
(4)A non-metropolitan district council in England F6. . . shall have power to secure the provision of such public passenger transport services as they consider it appropriate to secure to meet any public transport requirements within their area which would not in their view be met apart from any action taken by them for that purpose.
(5)For the purpose of securing the provision of any service under subsection (1)(a) or (2)(a) or (as the case may be) under subsection (4) above any council shall have power to enter into an agreement providing for service subsidies; but their power to do so—
(a)shall be exercisable only where the service in question would not be provided without subsidy; and
(b)is subject to sections 89 to 92 of this Act.
(6)A non-metropolitan county council in England and Wales or, in Scotland, a F2. . . council shall have power to take any measures that appear to them to be appropriate for the purpose of or in connection with promoting, so far as relates to their area—
(a)the availability of public passenger transport services other than subsidised services and the operation of such services, in conjunction with each other and with any available subsidised services, so as to meet any public transport requirements the council consider it appropriate to meet; or
(b)the convenience of the public (including persons who are elderly or disabled) in using all available public passenger transport services (whether subsidised or not).
(7)It shall be the duty of a county council or (as the case may be) of a regional or islands council, in exercising their power under subsection (6) above, [F7to have regard to a combination of economy, efficiency and effectiveness.]
(8)It shall be the duty of any council, in exercising or performing any of their functions under the preceding provisions of this section, to have regard to the transport needs of members of the public who are elderly or disabled [F8and to the appropriate bus strategy.].
[F9(8A)In subsection (8) “the appropriate bus strategy” means—
(a)in the case of a council which is a local transport authority (within the meaning of section 108(4) of the Transport Act 2000), their bus strategy;
(b)in the case of a district council which is not such an authority, the bus strategy of the council for the county in which the district is situated.]
(9)References in subsection (6) above to subsidised services are references to services provided under an agreement providing for service subsidies entered into—
(a)by the council in question or by any other county or district council or regional or islands council under this section; or
(b)by the Passenger Transport Executive for any passenger transport area under section 9A(4) of the 1968 Act.
(10)In this Act—
(a)“public passenger transport services” means all those services on which members of the public rely for getting from place to place, when not relying on private facilities of their own, including school transport but not—
(i)services provided under permits under section 19 of this Act, other than services provided wholly or mainly to meet the needs of members of the public who are elderly or disabled; or
(ii)excursions or tours; and
(b)references, in relation to any Passenger Transport Executive, non-metropolitan county or district council or regional or islands council, to agreements providing for service subsidies are references to agreements under which any person undertakes to provide a public passenger transport service of any description on terms which include provision for the making of payments to that person by that Executive or council.
F1S. 63(1)(b) and the preceding word omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 11(2) and repealed (1.2.2001 for E. and 14.8.2002 for W.) by ss. 161, 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2002/2024art. 2(b)
F2Words in s. 63(2)(6) repealed (1.4.1996) by S.I. 1996/974, art. 2(2), Sch. 2
F3Words in s. 63(3) omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 11(3)(a) and repealed (1.2.2001 for E. and 14.8.2002 for W.) by s. 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2002/2024, art. 2 (b)
F4Words in s. 63(3)(a) omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 11(3)(b) and repealed (1.2.2001 for E. and 14.8.2002 for W. ) by s. 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2002/2024, art.2 (b)
F5Words in s. 63(3)(b) omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 11(3)(c) and repealed (1.2.2001 for E. and 14.8.2002 for W.) by s. 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; and S.I. 2002/2024, art. 2(b)
F6Words in s. 63(4) repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 39(1), Sch 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2
F7Words in s. 63(7) substituted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 11(4); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11
F8Words in s. 63(8) inserted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 11(5); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11
F9S. 63(8A) inserted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 11(6); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11
C1S. 63 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 7(2)(b), Sch. 2 Pt. 2 para. 1 (with art. 7(4))
C2S. 63(7) excluded (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 51(1) of Order
S. 63(7) excluded (24.7.2001) by S.I. 2001/3627, art. 50
E1This version of this provision extends to England and Wales only; a separate version of this provision has been created for Scotland only
(1)In each non-metropolitan county of England and Wales it shall be the duty of the county council—
(a)to secure the provision of such public passenger transport services as the council consider it appropriate to secure to meet any public transport requirements within the county which would not in their view be met apart from any action taken by them for that purpose; and
(b)to formulate from time to time general policies as to the descriptions of services they propose to secure under paragraph (a) above.
(2)It shall be the duty of a F1. . . council in Scotland, in relation to any part of their area which is not a passenger transport area—
(a)to secure the provision of such public passenger transport services as the council consider it appropriate to secure to meet any public transport requirements within their area which would not in their view be met apart from any action taken by them for that purpose; and
(b)to formulate from time to time general policies as to the descriptions of services they propose to secure under paragraph (a) above.
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)A non-metropolitan district council in England F3. . . shall have power to secure the provision of such public passenger transport services as they consider it appropriate to secure to meet any public transport requirements within their area which would not in their view be met apart from any action taken by them for that purpose.
(5)For the purpose of securing the provision of any service under subsection (1)(a) or (2)(a) or (as the case may be) under subsection (4) above any council shall have power to enter into an agreement providing for service subsidies; but their power to do so—
(a)shall be exercisable only where the service in question[F4—(i)] would not be provided [F5;or
(ii)would not be provided to the standard specified in a quality partnership scheme made under section 6 of the Transport (Scotland) Act 2001 (asp 2),]
without subsidy; and
(b)is subject to [F6section] 92 of this Act.
(6)A non-metropolitan county council in England and Wales or, in Scotland, a F1. . . council shall have power to take any measures that appear to them to be appropriate for the purpose of or in connection with promoting, so far as relates to their area—
(a)the availability of public passenger transport services other than subsidised services and the operation of such services, in conjunction with each other and with any available subsidised services, so as to meet any public transport requirements the council consider it appropriate to meet; or
(b)the convenience of the public (including persons who are elderly or disabled) in using all available public passenger transport services (whether subsidised or not).
(7)It shall be the duty of a county council or [F7, in Scotland , a] council, in exercising their power under subsection (6) above, so to conduct themselves as not to inhibit competition between persons providing or seeking to provide public passenger transport services in their area.
(8)It shall be the duty of any council, in exercising or performing any of their functions under the preceding provisions of this section, to have regard to the transport needs of members of the public who are elderly or disabled.
(9)References in subsection (6) above to subsidised services are references to services provided under an agreement providing for service subsidies entered into—
(a)by the council in question or by any other county or district council or [F8in Scotland] council under this section; or
(b)by the Passenger Transport Executive for any passenger transport area under section 9A(4) of the 1968 Act.
(10)In this Act—
(a)“public passenger transport services” means all those services on which members of the public rely for getting from place to place, when not relying on private facilities of their own, including school transport but not—
(i)services provided under permits under section 19 of this Act, other than services provided wholly or mainly to meet the needs of members of the public who are elderly or disabled; or
(ii)excursions or tours; and
(b)references, in relation to any Passenger Transport Executive, non-metropolitan county or district council or [F8in Scotland] council, to agreements providing for service subsidies are references to agreements under which any person undertakes to provide a public passenger transport service of any description on terms which include provision for the making of payments to that person by that Executive or council.
F1Words in s. 63(2)(6) repealed (1.4.1996) by S.I. 1996/974, art. 2(2), Sch. 2
F2S. 63(3) repealed (S.) (1.4.2001) by 2001 asp 2, s. 82, Sch. 2 para. 4 (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I
F3Words in s. 63(4) repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 39(1), Sch 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2
F4S. 63(5)(a)-(i) inserted (S.) (1.7.2001) by 2001 asp 2, s. 12(a) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II
F5S. 63(5)(b)(ii) and the preceding word ";or" inserted (S.) (1.7.2001) by asp 2, s. 12(b) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt .II
F6Words in s. 63(5)(b) substituted (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(3)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch.
F7Words in s. 63(7) substituted (S.) (1.4.1996) by S.I. 1996/974, art. 2(1), Sch. 1 Pt. 1 para. 7(b)
F8Words in s. 63(9)(a)(10)(b) substituted (S.) (1.4.1996) by S.I. 1996/974, art. 2(1), Sch. 1 Pt. 1 para. 7(c)
C1S. 63: functions transferred (S.) (1.11.2006) by The Transfer of Functions to the Shetland Transport Partnership Order 2006 (S.S.I. 2006/527), art. 3, Sch. 1 (with art. 5)
S. 63: functions transferred (S.) (7.11.2006) by The Transfer of Functions to the South-West of Scotland Transport Partnership Order 2006 (S.S.I. 2006/538), art. 3, Sch. 1 (with art. 5)
C2S. 63(7) excluded (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 51(1) of Order
S. 63(7) excluded (24.7.2001) by S.I. 2001/3627, art. 50
S. 63(7) excluded (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 53 (with s. 75)
S. 63(7) excluded (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 53 (with ss. 76, 84)
E1This version of this provision extends to Scotland only; a separate version of this provision has been created for England and Wales only
(1)When considering from time to time the formulation of policies for the purposes of section [F163(2)(b)] of this Act, any council to whom [F2that provision] applies shall consult—
(a)with every Passenger Transport Authority, county council orregional or islands council whose area may be affected by those policies; and
(b)either with persons operating public passenger transport services within their area or with organisations appearing to the council to be representative of such persons;
F3. . ..
(2)As soon as practicable after any occasion when they formulate new or altered policies for those purposes, any such council shall publish a statement of all policies so formulated by them on that or any previous occasion which they propose for the time being to follow in the performance of their duty to secure services F4. . . under section 63(2)(a).
(3)When any such council publish such a statement, they shall send a copy of the statement—
(a)to each Authority or council whom they were required to consult under subsection (1)(a) above; and
(b)to each of the persons or (as the case may be) organisations whom they consulted under subsection (1)(b) above;
in relation to the formulation of their policies on the occasion in question.
(4)The council shall also—
(a)cause a copy of the statement last published by them under subsection (2) above to be made available for inspection (at all reasonable hours) at such places as they think fit; and
(b)give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of that statement may be inspected.
F1Words in s. 64(1) substituted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 12(2)(a); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11
F2Words in s. 64(1) substituted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 12(2)(b); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11
F3S. 64(1): the words following paragraph (b) omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 12(2)(c) and repealed (1.2.2001 for E. and 14.8. 2002 for W.) by s. 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11: S.I. 2002/2024, art. 2(b)
F4Words in s. 64(2) omitted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by virtue of 2000 c. 38, s. 161, Sch. 11 para. 12(3) and repealed (1.2.2001 for E. and 14.8.2002 for W.) by s. 274, Sch. 31 Pt. II of that Act; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2002/2024. art. 2(b)
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
(1)When considering from time to time the formulation of policies for the purposes of section 63(1)(b) or (2)(b) of this Act, any council to whom either of those provisions applies shall consult—
(a)with every Passenger Transport Authority, county council or [F1in Scotland] council whose area may be affected by those policies; and
(b)either with persons operating public passenger transport services within their area or with organisations appearing to the council to be representative of such persons;
and where the council’s area is in England F2. . . the council shall also consult with the councils of districts comprised in their area.
(2)As soon as practicable after any occasion when they formulate new or altered policies for those purposes, any such council shall publish a statement of all policies so formulated by them on that or any previous occasion which they propose for the time being to follow in the performance of their duty to secure services under section 63(1)(a) or (as the case may be) under section 63(2)(a).
(3)When any such council publish such a statement, they shall send a copy of the statement—
(a)to each Authority or council whom they were required to consult under subsection (1)(a) above; and
(b)to each of the persons or (as the case may be) organisations whom they consulted under subsection (1)(b) above;
in relation to the formulation of their policies on the occasion in question.
(4)The council shall also—
(a)cause a copy of the statement last published by them under subsection (2) above to be made available for inspection (at all reasonable hours) at such places as they think fit; and
(b)give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of that statement may be inspected.
F1Words in s. 64(1)(a) substituted (S.) (1.4.1996) by S.I. 1996/974, art. 2(1), Sch. 1 Pt. 1 para. 7(c)
F2Words in s. 64(1) repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 39(2), Sch 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2
C1S. 64: transfer of functions (1.11.2006) to the Shetland Transport Partnership Order 2006 (S.S.I. 2006/527), art. 3, Sch. 1
S. 64: transfer of functions (7.11.2006) to the South-West of Scotland Transport Partnership Order 2006 (S.S.I. 2006/538), art. 3, Sch. 1
E1This version of ths provision extends to Scotland only; a separate version of this provision has been created for England and Wales only
(1)Subject to the following provisions of this section, any non-metropolitan county or district council in England and Wales and [F1Transport for London or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999)] shall each have power to enter into any agreement or arrangements with the other under which that council or (as the case may be) [F2Transport for London or that subsidiary] undertake to contribute towards any expenditure incurred by the other party to the agreement or arrangements in making payments to a person providing a public passenger transport service under any agreement entered into by that other party in exercise of any power that other party may have to secure the provision of that service.
(2)The agreement under which the payments are made must have been entered into in pursuance of the agreement or arrangements between the council in question and [F3Transport for London or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999)] .
[F4(3)Transport for London shall not exercise its powers under section 156(2) or (3) of the Greater London Authority Act 1999, and no subsidiary of Transport for London shall enter into a transport subsidiary’s agreement (within the meaning of section 169 of that Act), in pursuance of any agreement or arrangement entered into under this section except—
(a)in a case where the service in question would not be provided without a subsidy; and
(b)in accordance with sections 89 to 92 of this Act.]
(4)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Words in s. 65(1) substituted (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I 2003/1615), art. 2, Sch. 1 para. 12(2)(a)(i)
F2Words in s. 65(1) substituted (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I 2003/1615), art. 2, Sch. 1 para. 12(2)(a)(ii)
F3Words in s. 65(2) substituted (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I 2003/1615), art. 2, Sch. 1 para. 12(2)(b)
F4S. 65(3) substituted (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I 2003/1615), art. 2, Sch. 1 para. 12(2)(c)
F5S. 65(4)(5) omitted (15.7.2003) by virtue of The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 2, Sch. 1 para. 12(2)(d)
(1)Subject to section 71 of this Act and subsection (2) below, but notwithstanding anything in any other statutory provision, a non-metropolitan district council in England [F1a county council or county borough council in Wales] or, in Scotland, a [F2 council (other than the council for Orkney Islands, Shetland Islands or Western Isles)] shall not have power to provide a service for the carriage of passengers by road which requires a PSV operator’s licence.
(2)Subsection (1) above shall not have effect in relation to any council who, at the time when this section comes into force, are providing any such service until the end of such period as may be specified by order made by the Secretary of State.
References below in this Part of this Act to a council operating a bus undertaking are references to any council to whom this subsection applies.
(3)Any order under subsection (2) above may apply to all councils within that subsection who are not for the time being exempt by virtue of section 71 of this Act from subsection (1) above, to any class of such councils, or to any such council specified in the order; and different periods may be specified by any such order in relation to different councils or classes of councils to whom it applies.
(4)Any order under subsection (2) above shall, in relation to every period specified in the order for the purposes of that subsection (“the primary period”), specify also a period ending before the primary period as the period allowed to councils to whom the primary period applies for complying with such of the requirements of sections 67 to 69 of this Act as are applicable to them.
(5)A period specified by virtue of subsection (4) above in an order under subsection (2) above is referred to in those sections, in relation to any council to whom it applies, as the council’s preparatory period.
(6)Any order amending a previous order under subsection (2) above, in so far as it extends any period specified in the previous order for the purposes of that subsection, may be framed so as to have effect from a date earlier than the making of the order.
(7)For the purposes of this Part of this Act—
(a)a service for the carriage of passengers by road is a service which requires a PSV operator’s licence if vehicles used in providing the service are used in such circumstances that a PSV operator’s licence is required in respect of that use;
(b)any council who have made (whether alone or jointly with any other authority or authorities) arrangements under any enactment for the discharge by any other authority or person of that council’s functions with respect to the operation of any such service shall be taken to be providing that service at any time when it is being provided under those arrangements; and
(c)references, in relation to any council operating a bus undertaking, to the council’s bus undertaking are references (according to the context) to—
(i)all activities carried on, whether by the council themselves or by any other authority or person in pursuance of any such arrangements as are mentioned in paragraph (b) above or otherwise, in or for the purposes of the provision by the council of any such service; or
(ii)all property of the council used or appropriated for use and all rights and liabilities of the council subsisting for the purposes of any such activities.
F1Words in s. 66(1) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. II para. 39(3) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F2Words in s. 66(1) substituted (S.) (1.4.1996) by S.I. 1996/974, art. 2(1), Sch. 1 Pt. I para. 7(d)
C1The period beginning with 6.1.1986 and ending with 25.10.1985 specified as the primary period for the purposes of subsection (2) of section 66 in relation to certain councils by virtue of S.I. 1985/1902, arts. 2, 4, Sch.
Transport Act 1985