Transport Act 2000 (c. 38)

(The document as of February, 2008)

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(6) A relevant asset is any--

(a) aerodrome,

(b) property used in connection with the operation of an aerodrome,

(d) property used in connection with the provision of air traffic services.

(7) An owner of a relevant asset is a person--

(a) who owns it or has a right over or interest in it, and

(b) whose consent is needed for its use by any other person.

(8) An operator of a relevant asset is a person who manages it.

96 Civil Aviation Authority Pension Scheme

(1) The Secretary of State may by order make provision for the allocation of assets, rights, liabilities or obligations between different sections of the Civil Aviation Authority Pension Scheme.

(2) An order under this section may include provision for or in connection with--

(a) securing that the Scheme continues to be approved for the purposes of the relevant enactments;

(b) the amendment of the Scheme;

(3) The reference in subsection (2) to the amendment of the Scheme includes a reference to the amendment of--

(a) the trust deed of the Scheme;

(b) the rules of the Scheme;

(4) An order under this section may be made so as to have effect from a date falling before the making of the order.

(5) In making an order under this section the Secretary of State must secure that each person falling within subsection (6) is overall in materially at least as good a position, as respects pension arrangements, as a result of the order.

(6) A person falls within this subsection if--

(a) he is or has at any time been a contributing member of the Scheme, or

(b) he is or may become entitled to benefits in respect of a person falling within paragraph (a).

(7) A contributing member of the Scheme is a member who makes, and whose employer makes in respect of him, contributions under the Scheme.

(8) The relevant enactments are--

(a) Chapter I of Part XIV of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (retirement benefit schemes);

(b) Part III of the [1993 c. 48.] Pension Schemes Act 1993, so far as relating to occupational pension schemes.

97 Amendments

Schedule 8 contains amendments.

General interpretation

98 Air traffic services

(1) For the purposes of this Part these are air traffic services--

(a) providing instructions, information or advice with a view to preventing aircraft colliding with other aircraft or with other obstructions (whether in the air or on the ground);

(b) providing instructions, information or advice with a view to securing safe and efficient flying;

(d) providing facilities for communicating with aircraft and for the navigation and surveillance of aircraft;

(e) notifying organisations of aircraft needing search and rescue facilities, and assisting organisations to provide such facilities.

(2) The Secretary of State may by order amend the meaning of air traffic services for the purposes of this Part.

99 The CAA

For the purposes of this Part the CAA is the Civil Aviation Authority.

Other general provisions

100 Service of documents

(1) A document required or authorised by virtue of this Part to be served on a person may be served--

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;

(b) if the person is a body corporate, by serving it in accordance with paragraph (a) on the secretary of the body;

(c) if the person is a partnership, by serving it in accordance with paragraph (a) on a partner or a person having the control or management of the partnership business.

(2) For the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person on whom a document is to be served is his last known address, except that--

(a) in the case of service on a body corporate or its secretary, it is the address of the registered or principal office of the body;

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it is the address of the principal office of the partnership.

(3) For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(4) Subsection (5) applies if a person to be served under this Part with a document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document.

(5) In relation to that document that address must be treated as his proper address for the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2).

(6) This section does not apply to a document if rules of court make provision about its service.

(7) In this section references to serving include references to similar expressions (such as giving or sending).

101 Making of false statements etc

(1) A person commits an offence if in giving information or making an application in relevant circumstances--

(a) he makes a statement which he knows to be false in a material particular, or

(b) he recklessly makes a statement which is false in a material particular.

(2) A person gives information or makes an application in relevant circumstances if he gives or makes it in pursuance of--

(a) a provision contained in or made under this Part, or

(b) a direction given, notice served or other thing done in pursuance of such a provision.

(3) A person who commits an offence under this section is liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(4) No proceedings may be started in England and Wales for an offence under this section except by or with the consent of the Secretary of State or the Director of Public Prosecutions.

(5) No proceedings may be started in Northern Ireland for an offence under this section except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.

102 Disclosure of information

Schedule 9 contains provision about the disclosure of information.

103 Orders and regulations

(1) A power to make an Order in Council or an order or regulations under this Part may be exercised differently in relation to different cases or descriptions of case.

(2) An Order in Council or an order or regulations under this Part may include such supplementary, incidental, consequential or transitional provisions as the person exercising the power thinks are necessary or expedient.

(3) A power to make an order or regulations under this Part is exercisable by statutory instrument.

(4) In subsections (1) and (3) references to a power to make an order are to a power of the Secretary of State; and in subsection (2) the reference to an order is to an order made by the Secretary of State.

(5) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains an order or regulations made by the Secretary of State under any provision of this Part other than section 51 or 94.

(6) No order is to be made under section 51 unless a draft has been laid before and approved by resolution of each House of Parliament.

(7) The power to make an order under section 4 is exercisable only after consultation with the CAA, unless the exemption needs to be granted before the coming into force of section 3.

(8) The power to make an order under section 98 is exercisable only after consultation with the CAA.

(9) The power to make regulations under section 6 is exercisable only after consultation with the CAA.

(10) The power to make an order under section 57 is exercisable only with the Treasury's consent.

(11) The power to make an order under section 77(5) is exercisable only after consultation with the CAA and holders of licences under Chapter I.

(12) The power to make an order under section 96 is exercisable only after consultation with the trustees of the Civil Aviation Pension Scheme.

(13) If apart from this subsection a draft of an order under section 51 would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

104 Directions

(1) A person to whom a direction is given under this Part must give effect to the direction.

(2) A direction under a provision of this Part may be varied or revoked by a direction under the same provision.

(3) A direction under this Part must be in writing.

105 Crown application

(1) The provisions mentioned in subsection (2) bind the Crown.

(2) The provisions are--

(a) section 3;

(b) sections 26 to 30 and 33;

(d) Chapter V, to the extent that it applies or modifies the operation of provisions of the [1998 c. 41.] Competition Act 1998;

(e) sections 93 to 95;

(f) section 104, so far as relating to other provisions of this Part which bind the Crown;

(g) Schedule 1, to the extent that it applies, amends or modifies the operation of provisions of the [1986 c. 45.] Insolvency Act 1986 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of section 434 of that Act;

(h) Schedule 2;

(i) Schedule 3, to the extent that it applies, amends or modifies the operation of provisions of the [S.I. 1989/2405 (N.I. 19).] Insolvency (Northern Ireland) Order 1989 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of Article 378 of that Order;

(j) Schedule 6.

(3) Her Majesty may by Order in Council apply, with or without modification, any of the provisions mentioned in subsection (4) to any aircraft belonging to or exclusively employed in the service of Her Majesty.

(4) The provisions are--

(a) Chapter IV (except section 82);

(b) any order or regulations under any provision mentioned in paragraph (a).

(5) This section (except so far as it relates to Chapter V) has effect subject to section 106; and, so far as it relates to Chapter V, it has effect subject to section 73 of the [1998 c. 41.] Competition Act 1998.

106 The Crown: other provisions

(1) No contravention by the Crown of a provision contained in or made under this Part shall make the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(2) Notwithstanding subsection (1), the provisions contained in or made under section 3(1), 93(7) or 94(5) apply to persons in the public service of the Crown as they apply to other persons.

(3) However, section 3(1) does not apply if the services there mentioned are provided by or on behalf of the armed forces of the Crown; and the person to whom and aircraft for which the services are provided are immaterial.

(4) Nothing in section 105 or this section affects Her Majesty in her private capacity; and this subsection must be construed as if section 38(3) of the [1947 c. 44.] Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act.

107 Extension outside United Kingdom

(1) Her Majesty may by Order in Council direct that any of the provisions listed in subsection (2) is to extend to any relevant overseas territory specified in the Order, with the modifications (if any) so specified.

(2) The provisions are--

(a) Chapter I;

(b) Chapter II;

(d) Chapter IV;

(e) sections 90 to 104 and Schedules 8 and 9;

(f) section 273 so far as it relates to offences under this Part.

(3) These are relevant overseas territories--

(a) any of the Channel Islands;

(b) the Isle of Man;

(4) In this section "modifications" includes additions, omissions and other alterations.

Part II Local transport

Local transport plans and bus strategies

108 Local transport plans

(1) Each local transport authority must--

(a) develop policies for the promotion and encouragement of safe, integrated, efficient and economic transport facilities and services to, from and within their area, and

(b) carry out their functions so as to implement those policies.

(2) The transport facilities and services mentioned in subsection (1) are--

(a) those required to meet the needs of persons living or working in the authority's area, or visiting or travelling through that area, and

(b) those required for the transportation of freight;

and include facilities and services for pedestrians.

(3) Each local transport authority must prepare a document to be known as the local transport plan containing their policies under subsection (1).

(4) In this Part "local transport authority" means--

(a) a county council in England,

(b) a council of a non-metropolitan district in England comprised in an area for which there is no county council,

(d) a county council or county borough council in Wales.

109 Further provision about plans

(1) A local transport authority must keep their local transport plan under review and alter it if they consider it appropriate to do so.

(2) The authority must replace the plan not later than five years after the date on which it was made.

(3) As soon as practicable after any occasion when they prepare a new plan or alter their plan, the authority must--

(a) publish the plan or the plan as altered in such manner as they think fit, and

(b) send a copy of it to the Secretary of State (in the case of an authority whose area is in England) or the National Assembly for Wales (in the case of an authority whose area is in Wales) and to such other persons (if any) as may be specified in guidance under section 112(1).

(4) The authority must also--

(a) cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit,

(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 it may be inspected, and

(c) supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

(5) Where a local transport authority have, before the coming into force of section 108, prepared and published a document which--

(a) contains policies developed by them for the purposes described in subsection (1)(a) of that section, and

(b) was prepared and published in accordance with guidance issued by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales),

that document shall be taken to be the authority's local transport plan.

(6) But, in the case of a document which is a local transport plan by virtue of subsection (5), subsection (2) requires its replacement not later than--

(a) 31st March 2006, if it relates to an area in England, or

(b) such date as is specified in an order made by the National Assembly for Wales, if it relates to an area in Wales,

(rather than not later than five years after the date on which it was made).

110 Bus strategies

(1) Each local transport authority must prepare a document to be known as the bus strategy containing their general policies as to how best to carry out their functions (or, in the case of a Passenger Transport Authority for a passenger transport area, as to how the functions of the Passenger Transport Executive for their area would be best carried out) in order to secure that--

(a) bus services meet such of the transport requirements of persons within the authority's area as the authority consider should be met by such services,

(b) bus services meeting such requirements are provided to the standards to which the authority consider that they should be provided, and

(c) such additional facilities and services connected with bus services are provided as the authority consider should be provided.

(2) The bus strategy is to form part of the authority's local transport plan.

(3) In developing their bus strategy, the authority must have regard to any measures the authority are required or propose to take for meeting transport requirements in carrying out any functions of theirs as a local education authority or any social services functions (within the meaning of the [1970 c. 42.] Local Authority Social Services Act 1970) of theirs.

(4) In developing their bus strategy, a Passenger Transport Authority must seek and have regard to the advice of the Passenger Transport Executive for their area.

(5) In this Part "bus services" means services using public service vehicles.

111 Consultation and publicity about bus strategies

(1) In complying with section 110, a local transport authority must consult--

(a) any other relevant local authority whose area may, in the opinion of the authority, be affected by the bus strategy developed by them,

(b) if the authority is a county council in England, the councils of the districts in the county (if any),

(c) either operators of bus services which are provided within the authority's area or organisations appearing to the authority to be representative of such operators, and

(d) organisations appearing to the authority to be representative of users of such services.

(2) For the purpose of subsection (1)(a) the following are relevant local authorities--

(a) local transport authorities,

(b) metropolitan district councils,

(d) councils in Scotland;

(except that, in the case of consultation by a Passenger Transport Authority for a passenger transport area, a council for a metropolitan district comprised in the area is not a relevant local authority).

(3) When an authority publish a statement of a new bus strategy or their strategy as altered in accordance with section 109(3)(a), they must send a copy of it to each authority, council, operator or organisation consulted under subsection (1) on the occasion in question.

112 Plans and strategies: supplementary

(1) In carrying out their functions under sections 108 to 111, a local transport authority must have regard to any guidance concerning--

(a) the content of local transport plans (and bus strategies),

(b) the preparation of such plans (and strategies),

(d) the publication and making available of such plans (and strategies) as originally made and as altered or replaced,

which is issued from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

(2) In developing their policies under section 108(1) and their bus strategy, a local transport authority must have regard to the transport needs of persons who are elderly or have mobility problems.

113 Role of metropolitan district councils

(1) The duties imposed on a Passenger Transport Authority for a passenger transport area by sections 108(1)(a) and (3), 109(1) to (3), 110(1) and 111(3) shall be performed by--

(a) that Authority, and

(b) the councils for the metropolitan districts comprised in the area,

acting jointly.

(2) The duties imposed on a Passenger Transport Authority for a passenger transport area by sections 108(1)(b), 109(4), 110(3) and 112 are also duties of each of the councils for the metropolitan districts comprised in the area.

(3) Section 109(5) applies in the case of a Passenger Transport Authority for a passenger transport area only if the document to which it refers has been prepared and published by--

(a) that Authority, and

(b) the councils for the metropolitan districts comprised in the area,

acting jointly.

Bus services: quality partnership schemes

114 Quality partnership schemes

(1) A local transport authority, or two or more such authorities acting jointly, may make a quality partnership scheme if they are satisfied that the scheme will to any extent implement the policies set out in their bus strategy or strategies.

(2) A quality partnership scheme is a scheme under which--

(a) the authority or authorities provide particular facilities in the whole or part of their area, or combined area, and

(b) operators of local services who wish to use the facilities must undertake to provide local services of a particular standard when using them.

(3) The authority or authorities must be satisfied that both the provision of those facilities and the provision of local services of that standard will--

(a) improve the quality of local services provided in the whole or any part of their area, or combined area, by bringing benefits to persons using those services, or

(b) reduce or limit traffic congestion, noise or air pollution.

(4) A quality partnership scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 115.

(5) The facilities which may be specified in a scheme--

(a) must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but

(b) may not be facilities which are required to be provided as a result of section 139 or 140.

(6) The standard of services which may be specified in a scheme--

(a) include requirements which the vehicles being used to provide the services must meet, but

(b) do not include requirements as to frequency or timing of the services.

(7) If the provision of any of the facilities requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State or the National Assembly for Wales is the traffic authority), the scheme may not be made unless it is made by--

(a) the local transport authority or authorities, and

(b) the metropolitan district council for the district,

acting jointly.

(8) If the provision of any of the facilities requires the making of a traffic regulation order in respect of a road for which the Secretary of State or the National Assembly for Wales is the traffic authority, the scheme may not be made unless it is made by--

(a) the local transport authority or authorities, and

(b) the Secretary of State or the National Assembly for Wales,

acting jointly.

(9) Where subsection (7) or (8) applies so that a metropolitan district council, the Secretary of State or the National Assembly for Wales is a maker of the scheme, then (subject to section 121) the relevant references to the authority or authorities include (as well as the local transport authority or authorities) the metropolitan district council, the Secretary of State or the National Assembly for Wales.

(10) For the purpose of subsection (9) the relevant references are those in--

(a) subsections (2) and (4),

(b) sections 115 to 120, and

and paragraph 27(3) of Schedule 9 to the [1984 c. 27.] Road Traffic Regulation Act 1984.

(11) In carrying out their functions under this Part in relation to quality partnership schemes, local transport authorities must co-operate with one another.

(12) In considering whether to make a quality partnership scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.

115 Notice and consultation requirements

(1) If an authority or authorities propose to make a quality partnership scheme, they must give notice of the proposed scheme in at least one newspaper circulating in the area to which it relates.

(2) The notice must either contain full details of the facilities and standards of services or state where such details may be inspected.

(3) After giving notice of the proposed scheme, the authority or authorities must consult--

(a) all operators of local services who would, in the opinion of the authority or authorities, be affected by it,

(b) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(c) any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,

(d) the traffic commissioner for each traffic area covering the whole or part of the area to which it relates,

(e) the chief officer of police for each police area covering the whole or part of that area, and

(f) such other persons as the authority or authorities think fit.

(4) For the purpose of subsection (3)(c) the following are relevant local authorities--

(a) local transport authorities,

(b) metropolitan district councils,

(d) councils in Scotland.

116 Making of scheme

(1) If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.

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