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Statutory Instruments

1986 No. 1088 (C.30)

TRANSPORT

The Transport Act 1985 (Commencement No. 4) Order 1986

Made

25th June 1986

The Secretary of State for Transport, in exercise of the powers conferred by section 140(2) and (3) of the Transport Act 1985, and of all other enabling powers, hereby makes the following Order:

Citation and Interpretation

1.-(1) This Order may be cited as the Transport Act 1985 (Commencement No. 4) Order 1986.

(2) In this Order-

"the 1981 Act" means the Public Passenger Vehicles Act 1981; and

"the 1985 Act" means the Transport Act 1985.

Commencement of Provisions

2. The provisions of the 1985 Act specified in the first column of each of the Schedules to this Order (which relate to the matters specified in the second column) shall come into operation on the date specified at the head of the relevant Schedule subject to the limitations (if any) specified in the third column of that Schedule.

Transitional Provisions

3. Section 8(1A) of the 1981 Act(1) shall have effect as if:-

(1) until the repeal of section 42 of the 1981 Act, there was inserted after the words "the Transport Act 1985" the following-

"or section 42 of this Act";

(2) until the repeal of section 45 of the 1981 Act, there was inserted after the words "or in providing community bus services)" the following-

"or under a road service licence in respect of, or a consent to the operation of, a community bus service granted under section 45 of this Act(2)".

John Moore

Secretary of State for Transport

25th June 1986

SCHEDULE 1PROVISIONS COMING INTO OPERATION ON 14TH JULY 1986

Provisions of the Act	Subject matter of provisions	Limitations on Commencement
Sections 7-�9.	Traffic regulation conditions.
Section 126(3).	Application of section 56 of the 1981 Act.	Except for paragraphs (a) and (c).

SCHEDULE 2PROVISIONS COMING INTO OPERATION ON 26TH JULY 1986

Provisions of the Act	Subject matter of provisions	Limitation on Commencement
Sections 114, 115 and 116(2) and (3).	Competition law: bus services and bus stations.
Section 139(3).	Repeals.	To the extent that this subsection relates to the provision of Schedule 8 brought into force by this Order.
Schedule 8.	Repeals.	To the extent that it relates to the repeal set out in the Appendix to this Schedule.

Appendix to Schedule 2

Chapter	Short Title	Extent of Repeal
1984 c. 32	The London Regional Transport Act 1984.	In Schedule 6, paragraph 15(1)(a) .

SCHEDULE 3PROVISIONS COMING INTO OPERATION ON 1ST AUGUST 1986

Provisions of the Act	Subject matter of provisions	Limitation on Commencement
Sections 10, 11 and 13	Hiring of taxis at separate fares and supplementary provisions.	In relation to section 13, to the extent that it is not already in force.
Section 17.	London taxi and taxi driver licensing: appeals.
Section 18.	Exemption from PSV operator and driver licensing requirements of vehicles used under permits.	To the extent that it relates to the use of any vehicle under a permit granted under section 22 or the driving of any vehicle being so used.
Sections 22 and 23.	Community bus permits.
Section 33.	Extension of safety controls to certain passenger vehicles other than public service vehicles.
Section 126(1) and (2).	Application of section 52 of the 1981 Act.	To the extent that these subsections relate to fees chargeable in respect of, applications for, and the grant of, permits under section 22.
Section 127(1), (2) and (4).	Offences and legal proceedings.	In relation to subsection (4), to the extent that it relates to section 23(5) only.
Section 139(2).	Minor and consequential amendments.	To the extent that this subsection relates to the provisions of Schedule 7 brought into force by this Order.
Schedule 7, paragraphs 2 and 21(2) .	Minor and consequential amendments.

EXPLANATORY NOTE

This Order brings into force on 14th July, 26th July and 1st August 1986 the provisions listed respectively in the Schedules 1, 2 and 3.

The provisions being brought into force on 14th July 1986 include those relating to traffic regulation conditions (sections 7-�9).

The provisions being brought into force on 26th July include those relating to competition law in connection with bus services and bus stations (sections 114, 115 and 116(2) and (3)).

The provisions being brought into force on 1st August 1986 include those relating to-

(1) the hiring of taxis at separate fares in England and Wales (sections 10, 11 and 13);

(2) London taxi and taxi driver licensing appeals ( section 17);

(3) exemption from PSV operator and driver licensing requirements of vehicles used under community bus permits ( section 18);

(4) community bus permits ( sections 22 and 23); and

(5) extension of safety controls to certain passenger vehicles other than public service vehicles (section 33 ).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

The following provisions of the Transport Act 1985 have been brought into force by commencement orders made before the date of this Order.

Provision	Date of Commencement	S.I. No
Sections 1(3), 2, 3, 4, 5, 12, 13, 16, 29, 30, 32, 34, 47-�56.	6th January 1986	1985/1887
Section 57.	6th January 1986 1st April 1986	1985/1887 1986/414
Sections 59-�84 , 87-�92.	6th January 1986	1985/1887
Section 93.	14th February 1986 1st April 1986	1986/80 1986/414
Sections 94-�101.	14th February 1986	1986/80
Section 102.	1st April 1986	1986/414
Sections 103, 105.	14th February 1986	1986/80
Section 106.	6th January 1986	1985/1887
Section 107.	1st April 1986	1985/1887
Sections 108, 109.	1st April 1986	1986/414
Sections 110, 112, 113.	6th January 1986	1985/1887
Section 116(1).	1st April 1986	1986/414
Sections 118-�125, 127(3)-�(7)*, 128-�138 .	6th January 1986	1985/1887
Section 139*.	6th January 1986 1st April 1986	1985/1887 1986/414
Schedules 1*, 2.	6th January 1986	1985/1887
Schedule 3.	6th January 1986 1st April 1986	1985/1887 1986/414
Schedule 5.	6th January 1986	1985/1887
Schedule 6, 7.	6th January 1986 14th February 1986 1st April 1986	1985/1887 1986/80 1986/414
Schedule 8*.	6th January 1986 1st April 1986	1985/1887 1986/414

An asterisk (*) indicates that the provision was only brought into force partially.

(1)

Subsection (1A) was inserted in section 8 by paragraph 21(2) of Schedule 7 to the 1985 Act.

(2)

Section 45 was amended in its application to a community bus service within a trial area by the Bus Services in Trial Areas Regulations 1981 (S.I. 1981/269), regulation 5 and Schedule 3.