The Local Transport Act 2008 (Commencement No. 1 and Transitional Provisions) (Wales) Order 2009

• Citation: S.I. 2009/579 (W.)
• Sections: 5

Section 1 Title, application and interpretation

(1) The title of this Order is the Local Transport Act 2008 (Commencement No.1 and Transitional Provisions) (Wales) Order 2009 and it applies in relation to Wales.

(2) In this Order—

“ the Act ” (“ y Ddeddf ”) means the Local Transport Act 2008;

“the 1985 Act ” (“ Deddf 1985 ”) means the Transport Act 1985 ; and

“the 2000 Act ” (“ Ddedf 2000 ”) means the Transport Act 2000 .

Section 2 Commencement of local transport provisions in relation to Wales

1 April 2009 is the appointed day for the coming into force of the following provisions of the Act, subject to the transitional provisions listed in the Schedule to this Order—

(a) Section 7, and accordingly Schedule 1.

(b) Section 8 to section 12 inclusive.

(c) Section 13(1) (insofar as it relates to section 13(2)) and section 13(2).

(d) Section 46, and accordingly Schedule 2.

(e) Section 64.

(f) Section 65(1).

(g) Section 68(1) (insofar as it relates to section 68(3)) and section 68(3).

(h) Section 69 to section 71 inclusive.

(i) Section 75.

(j) Section 103 to section 108 inclusive.

(k) Section 109, and accordingly Schedule 5.

(l) Section 110 to section 111 inclusive.

(m) Section 112(1).

(n) Section 113(1) to (4) inclusive.

(o) Section 114.

(p) Section 115(1) to (2) inclusive.

(q) Section 116(1) to (3) inclusive.

(r) Section 117(1).

(s) Section 118(1) to (5) inclusive.

(t) Section 121 (insofar as it relates to Part 1 of Schedule 6) and Part 1 of Schedule 6.

Section 1

Notwithstanding the coming into force of section 10 of the Act, a bus strategy prepared by a local transport authority in accordance with section 110 of the 2000 Act (bus strategies) will continue to have effect as respects section 124(1)(a) of that Act (quality contracts schemes).

Section 2

Notwithstanding the coming into force of section 64 of the Act, section 155 of the 2000 Act (penalties) will continue to apply in Wales without the amendments made by section 64 of the Act in respect of penalties imposed by a traffic commissioner against an operator of a local service where that traffic commissioner is satisfied that the operator had, before 1 April 2009 —

(a) failed to operate a local service registered under section 6 of the 1985 Act,

(b) operated a local service in contravention of that section or section 118(4) or 129(1)(b) of the 2000 Act, or

(c) failed to comply with section 138 or 140(3) of the 2000 Act.

Section 3

(1) Notwithstanding the coming into force of section 71 of the Act, any application which is made before 1 April 2009 and which seeks the consent of the Welsh Ministers under any of the provisions of the 1985 Act listed in sub-paragraph (2), but which has not been determined by that date, is to be dealt with as if that application had been made on a date on or after 1 April 2009.

(2) The provisions are—

(a) section 75(3) (subscription for, or acquisition or disposal of, certain shares, securities or other property or assets etc );

(b) section 79(3) (making or guaranteeing of certain loans);

(c) section 79(7) (guarantees etc in connection with disposals of certain shares, securities or other property or assets etc); and

(d) section 79(8) (provision of financial assistance by way of grants, loans, etc).