Office of Public Sector Information
Section 59.
1 The substitution of this Act for the provisions repealed and revoked by it shall not affect the continuity of the law.
2 In so far as any thing done (including any subordinate legislation made or other instrument issued) under a provision repealed or revoked by this Act could have been done under the corresponding provision of this Act, it shall have effect as if done under that corresponding provision.
3 Any reference (express or implied) in this Act or any other enactment, instrument or document to—
(a) any provision of this Act, or
(b) things done or falling to be done under or for the purposes of any provision of this Act,
shall, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision repealed or revoked by this Act had effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.
4 Any reference (express or implied) in any enactment, instrument or document to—
(a) a provision repealed or revoked by this Act, or
(b) things done or falling to be done under or for the purposes of such a provision,
shall, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.
5 Paragraphs 1 to 4 have effect, in relation to the substitution of this Act for the provisions repealed and revoked by it, in place of section 17(2) of the [1978 c. 30.] Interpretation Act 1978 (but without prejudice to any other provision of that Act).
6 In section 12(12), in the definition of the expression “local authority”—
(a) in paragraph (b), until 1st April 1996, for the words from “the council” onwards there shall be substituted the words “the council of a county or district”; and
(b) in paragraph (c), until 1st April 1996, for the words from “a council” onwards, there shall be substituted the words “a regional, islands or district council”.
7 For the purposes of this Act as it applies in relation to licences granted before 11 November 1990 (the date on which section 144(1) of the [1989 c. 40.] Companies Act 1989 came into force) the expressions “holding company” and “subsidiary” have the meaning given by section 736 of the [1985 c. 6.] Companies Act 1985 as originally enacted.
Section 60(1).
1 In section 232 of the Road Traffic Act 1960 (duty to give information as to identity of driver), for subsection (1)(b) there shall be substituted—
“(b) to any offence under section 2 of the Goods Vehicles (Licensing of Operators) Act 1995;”.
2 In section 244 of that Act (time for bringing summary proceedings), the words from “under section 233” to the second occurrence of the words “or an offence” shall be omitted.
3 In section 51 of the Transport Act 1968 (subsidiaries and joint subsidiaries), in subsection (5), for the words “Parts V and VI” there shall be substituted the words “Part VI”.
4 In section 158 of that Act (inquiries), in subsection (1), the words “other than Part V” shall be omitted.
5 (1) In section 4 of the Road Traffic (Foreign Vehicles) Act 1972 (duty to produce certain documents), in subsection (1)—
(a) in paragraph (a), for the words “section 91(4) of the Transport Act 1968” there shall be substituted the words “section 57(6) of the Goods Vehicles (Licensing of Operators) Act 1995”; and
(b) in paragraph (b), for the words “section 60(1)” there shall be substituted the words “section 2(1)”.
6 In Schedule 2 to that Act (provisions relating to vehicles and their drivers), in the first column—
(a) for the words “Section 60 of the Transport Act 1968” there shall be substituted the words “Section 2 of the Goods Vehicles (Licensing of Operators) Act 1995”; and
(b) for the words “section 91(1)(c) of the Transport Act 1968” there shall be substituted the words “section 57(2)(d) of the Goods Vehicles (Licensing of Operators) Act 1995”.
7 In section 1 of the International Road Haulage Permits Act 1975 (duty to carry and produce international road haulage permits), in subsection (8), for the words “Part V of the Transport Act 1968” there shall be substituted the words “the Goods Vehicles (Licensing of Operators) Act 1995”.
8 In section 8 of the Transport Act 1982 (private-sector vehicle testing), in subsection (2)(a), after “1968” there shall be inserted the words “or the Goods Vehicles (Licensing of Operators) Act 1995”.
9 In section 62 of the London Regional Transport Act 1984 (joint subsidiaries), in subsection (3)(a), for the words “Parts V and VI” there shall be substituted the words “Part VI”.
10 In Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings of the Transport Tribunal), in paragraph 9(1), the words “Part V of the 1968 Act,” shall be omitted and after the words “the 1981 Act” there shall be inserted the words “, the Goods Vehicles (Licensing of Operators) Act 1995”.
11 In section 66A of the Road Traffic Act 1988 (appointment of examiners), in subsection (1), after the words “this Part of this Act,” there shall be inserted the words “the Goods Vehicles (Licensing of Operators) Act 1995,”.
12 (1) In section 73 of that Act (provisions supplementary to sections 69 to 72), in subsection (1)—
(a) for the words “an authorised vehicle” there shall be substituted the words “, by virtue of section 5 of the Goods Vehicles (Licensing of Operators) Act 1995, authorised to be used under an operator’s licence,”; and
(b) in paragraph (a), for the words “the operator’s licence was granted for the vehicle” there shall be substituted the words “the licence was issued”.
(2) In that section, after subsection (1), there shall be inserted—
“(1ZA) Where in a case within subsection (1) above it appears to the person giving the notice that the vehicle is authorised to be used under two or more operators' licences—
(a) if those licences were issued by different traffic commissioners, his duty under paragraph (a) of that subsection may be discharged by taking steps to bring the contents of the notice to the attention of any one of those commissioners,
(b) if those licences are held by different persons and none of those persons is in charge of the vehicle at the time when the notice is given, his duty under paragraph (b) of that subsection may be discharged by taking steps to bring the contents of the notice to the attention of any one of those persons, and
(c) if those licences are held by different persons and any of those persons is in charge of the vehicle at the time when the notice is given, no steps need be taken under that subsection to bring the contents of the notice to the attention of the others.”.
(3) In subsection (4) of that section, for the words from “and section 72” to “Transport Act 1968” there shall be substituted the words ““operator’s licence” has the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995”.
13 In section 85 of that Act (interpretation of Part II), the definition of “licensing authority” (which is no longer needed) shall be omitted.
14 In section 86 of that Act (index of defined expressions), the entry relating to the expression “licensing authority” shall be omitted.
Goods Vehicles (Licensing of Operators) Act 1995