Statutory Instrument 1989 No. 1064

      The Public Service Vehicles (Registration of Local Services) (Amendment) Regulations 1989


      © Crown Copyright 1989

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STATUTORY INSTRUMENTS

1989 No. 1064

PUBLIC PASSENGER TRANSPORT

The Public Service Vehicles (Registration of Local Services) (Amendment) Regulations 1989

Made 26th June 1989
Laid before Parliament 3rd July 1989
Coming into force 24th July 1989

    The Secretary of State for Transport, in exercise of the powers conferred by sections 52(1) and 60(1)(e) and (1A) of the Public Passenger Vehicles Act 1981 ("the 1981 Act" )[1] and section 6(9) of the Transport Act 1985[2] and of all other enabling powers, and after consultation with representative organisations in accordance with section 61(2) of the 1981 Act[3] , hereby makes the following Regulations:—
        1.    These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Amendment) Regulations 1989 and shall come into force on 24th July 1989.
        2.    The Public Service Vehicles (Registration of Local Services) Regulations 1986[4] shall be further amended in accordance with the following provisions of these Regulations.
        3.    In regulation 2—
       (a) in paragraph (1) the words from ""bus substitution service"" to "sections 119(1), 12(2) and 7(15) of the 1985 Act;" shall be omitted; and
       (b) for paragraph (2) there shall be substituted the following—
        "  (2)  In these Regulations, any reference to an expression specified in an item in column (2) of the Table has the meaning given by the provision of the 1985 Act specified in that item in column (3).
        1 2 3
        Item Expression Provision of the 1985 Act
        1 "agreement providing for service subsidies" section 63(10)(b)
        2 "bus substitution service" section 119(1)
        3 "community bus service" section 22(1)
        4 "special licence" section 12(2)
        5 "traffic authority" section 7(15)
        6 "unconditional PSV operator's licence" section 6(5)
        " .
        4.    Regulation 7(2)(g) shall be omitted.
        5.    Regulation 8(2)(a) shall be omitted.
        6.    In regulation 9(2)(d) for the words "a police constable" there shall be substituted "a constable" .
        7.    In regulation 9A(3) sub-paragraphs (i) and (ii) shall be renumbered "(a)" and "(b)" respectively.
        8.    For regulation 12 there shall be substituted the following—
            "12.—(1)  Subject to paragraph (3), the fee for an application to register particulars of—
          (a) a community bus service other than a service provided under an agreement providing for service subsidies shall be £10; and
          (b) a service in any other case shall be £30.

            (2)   Subject to paragraph (3), the fee for an application to vary the registered particulars of—
          (a) a community bus service other than a service provided under an agreement providing for service subsidies shall be £10; and
          (b) a service in any other case shall be £27.

            (3)   No fee shall be payable—
          (a) on an application to register or vary particulars of a service which, apart from the operation of section 34(3) of the 1985 Act, would be part of a service which requires a London local service licence; or
          (b) on an application to vary a service the variation of which is required to enable the service to comply with any traffic regulation conditions or other provision made by or under any enactment prohibiting or restricting the use of any road by traffic.

            (4)   The fee for an application shall be paid when the application is made." .


Signed by authority of the Secretary of State

Michael Portillo

Minister of State, Department of Transport

26th June 1989






EXPLANATORY NOTE

(This note is not part of the Regulations)
    These Regulations further amend the Public Service Vehicles (Registration of Local Services) Regulations 1986.
    Specific provision is made for the fee for an application to register particulars of a community bus service and to vary the particulars of such a service. The fee is £10 in both cases, as opposed to the £30 registration fee and the £27 variation fee for other local services. Community bus services which are provided under service subsidy agreements remain subject to the £30 and £27 fees.
    Two paragraphs, regulation 7(2)(g) and 8(2)(a), are omitted. The paragraphs are spent as they related to applications accepted by the traffic commissioner before 26th January 1987.
    Other minor amendments are made.



ISBN 0 11 097064 0




Notes:

[1] 1981 c. 14; section 52(1) was applied and amended by section 126(1) of, paragraph 7 of Schedule 1, paragraph 4(14) of Part II of Schedule 2 and Schedule 8 to the Transport Act 1985 (c. 67) ("the 1985 Act" ); section 60 has effect as if Parts I and II of the 1985 Act were contained in the 1981 Act by virtue of section 134(1) of the 1985 Act; section 60(1A) was inserted by section 134(2)(b) of the 1985 Act. back

[2] 1985 c. 67. back

[3] Section 61(2) was amended by section 135(1) of the Transport Act 1985 (c. 67) ("the 1985 Act" ); section 61 has effect as if Parts I and II of the 1985 Act were contained in the 1981 Act by virtue of section 135(1) of the 1985 Act. back

[4] S.I. 1986/1671, which was amended by S.I. 1988/1879. back

 

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