N.I.
Transport Act (Northern Ireland) 2011
2011 CHAPTER 11
An Act to make provision relating to public passenger transport and ancillary services; and for connected purposes.
[16th March 2011]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
PART 1 N.I.PUBLIC PASSENGER TRANSPORT SERVICES
GeneralN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Service agreementsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Service permitsN.I.
InterpretationN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Matters to which Department must have regardN.I.
DurationN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ConditionsN.I.
Revocation, suspension and curtailment of permitsN.I.
DisqualificationN.I.
Revocation, disqualification, etc.: supplementary provisionsN.I.
MiscellaneousN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Holding companies and subsidiariesN.I.
Forgery, false statements, etc.N.I.
Forgery, etc.N.I.
False statementsN.I.
PART 2 N.I.BUSES, TAXIS AND TRAINS
Bus operator's licencesN.I.
Road service licence renamedN.I.
18—(1) In section 4(1) of the 1967 Act (grant of road service licences), for the words “ “road service licence”) to provide such a service as may be specified therein” there shall be substituted the words “ “bus operator's licence”) ”.
(2) In section 81(1) of the 1967 Act (interpretation)—
(a)after the definition of “the Authority” there shall be inserted the following definition—
““bus operator's licence” has the meaning assigned to it by section 4(1);”;
(b)the definition of “road service licence” shall cease to have effect.
Particulars to be providedN.I.
19 In section 5(1) of the 1967 Act (particulars to be provided by applicants), paragraphs (b) and (c) shall cease to have effect.
Functions as to grant of licencesN.I.
20 In section 6 of the 1967 Act (functions as to grant of licences), the following provisions (which relate to services to be provided under the licence) shall cease to have effect—
(a)in subsection (1)—
(i)the words “have regard to the interests of persons likely to use the service to be provided under the licence and those of persons holding other road service licences, and” and the word “shall” in the second place where it occurs;
(ii)paragraphs (a), (b), (h) and (i);
(b)subsections (2) and (3) (role of General Consumer Council and representations by others).
TaxisN.I.
Amendments of the Taxis Act (Northern Ireland) 2008N.I.
21—(1) The Taxis Act (Northern Ireland) 2008 (c. 4) shall be amended as follows.
(2) In section 5 (hiring of taxis at separate fares - general), in subsection (1) for paragraph (c) (operator authorised under operator's licence) there shall be substituted the following paragraph—
“(c)a service agreement or service permit under the Transport Act (Northern Ireland) 2011 so provides.”.
(3) In section 8 (operator's licence authorising separate fares)—
(a)paragraph (a) shall cease to have effect;
(b)in paragraph (b), for the words “that taxi service” there shall be substituted the words “ a taxi service for or in respect of the carriage of passengers at separate fares ”;
(c)in the heading for the word “authorising” there shall be substituted the words “ conditions relating to ”.
(4) The following provisions shall cease to have effect—
(a)section 9 (duty to give information for the purposes of section 10);
(b)section 10 (functions of the Department of the Environment in relation to licence authorising separate fares);
(c)section 11 (appeals in relation to operator's licence authorising separate fares);
(d)section 54(3) (licence authorising separate fares deemed for purposes of section 14 of Finance Act (Northern Ireland) 1966 to be road service licence under Part 2 of 1967 Act).
Railway servicesN.I.
Provision of railway servicesN.I.
22 In section 55 of the 1967 Act (provision of railway services), in subsection (1) (duty of railway undertaking), after the words “in Northern Ireland” there shall be inserted the words “ in accordance with any service agreement under the Transport Act (Northern Ireland) 2011 ”.
PART 3 N.I.CONSUMER COUNCIL
Forward work programmeN.I.
23—(1) The Consumer Council shall, before each financial year, publish a document (the “forward work programme”) containing a general description of the projects which it plans to undertake during the year in the exercise of its transport functions (other than projects comprising routine activities in the exercise of those functions).
(2) That description shall include the objectives of each project.
(3) The forward work programme for any year shall also include an estimate of the overall expenditure which the Consumer Council expects to incur during the year in the exercise of its transport functions.
(4) Before publishing the forward work programme for any year, the Consumer Council shall give notice—
(a)containing a draft of the forward work programme; and
(b)specifying the time within which representations or objections to the proposals contained in it may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(5) The notice under subsection (4) shall be published by the Consumer Council in such manner as it considers appropriate for the purpose of bringing the matters contained in it to the attention of persons likely to be affected by them.
(6) The Consumer Council shall send a copy of any notice given by it under subsection (4) to the Department.
(7) In this section and section 24 “transport functions” means functions under paragraph (1) of Article 5 of the General Consumer Council (Northern Ireland) Order 1984 (NI 12) so far as they relate to passenger transport.
Co-operation between the Department and the Consumer CouncilN.I.
24—(1) The Department and the Consumer Council (in respect of its transport functions) shall make arrangements with a view to securing—
(a)co-operation and the exchange of information between them; and
(b)consistent treatment of matters which affect both of them.
(2) As soon as practicable after agreement is reached on those arrangements, the Department and the Consumer Council shall prepare a memorandum setting them out.
(3) Arrangements under this section shall be kept under review by the Department and the Consumer Council.
(4) As soon as practicable after agreement is reached on any changes to those arrangements, the Department and the Consumer Council shall revise their memorandum.
(5) The Department shall lay a copy of any memorandum prepared or revised under this section before the Assembly.
PART 4 N.I.ENFORCEMENT
Powers of entryN.I.
Power to seize documents, etc.N.I.
Obtaining of information, etc. by authorised personsN.I.
Obstruction of authorised personsN.I.
Exercise of enforcement powers: authorised persons and constablesN.I.
Evidence by certificateN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART 5 N.I.GRANTS
Approved capital expenditureN.I.
32—(1) The Department may pay grants towards approved capital expenditure incurred or to be incurred in—
(a)providing vehicles;
(b)providing, improving or developing facilities for passenger transport.
(2) In this section—
“approved” means approved by the Department;
“capital expenditure” means expenditure appearing to the Department to be of a capital nature;
“expenditure”, in relation to the provision of a vehicle by a person or body, includes, where the vehicle is provided by being manufactured or wholly or partly constructed by that person or body, such sum as appears to the Department to be properly attributable to its provision by that person or body in that manner.
Services for benefit of certain sections of the publicN.I.
33—(1) The Department may pay grants towards expenditure incurred or to be incurred in—
(a)the provision of services appearing to the Department to be wholly or mainly for the benefit of members of the public who have a disability or are elderly or live in rural areas;
(b)the provision, maintenance or improvement of—
(i)any vehicle, equipment or other facilities provided wholly or mainly for the purpose of facilitating travel by members of the public who have a disability; or
(ii)any equipment or facilities specially designed or adapted for that purpose which are incorporated in any vehicle, equipment or other facilities not provided wholly or mainly for that purpose.
(2) In subsection (1) “services” means services provided under a service agreement or the use of a vehicle under a permit granted under section 10B of the 1967 Act.
Services in certain areasN.I.
34 The Department may pay grants for the purpose of securing the provision of passenger transport in any area, to any person providing, or proposing to provide, it in that area under a service agreement, if the Department is satisfied—
(a)that it is necessary to meet the reasonable needs of persons in that area;
(b)that what is being provided or proposed to be provided will be carried on efficiently and economically; and
(c)that the person providing or proposing to provide it will, if grants are not made under this section, be unable or unwilling to carry on, or provide, it in an efficient and economic manner.
Advice and information, etc.N.I.
35 The Department may pay grants to any person towards expenditure incurred or to be incurred in the provision of advice, information, support or training relating to passenger transport.
SupplementaryN.I.
36 If the Department considers it appropriate in connection with any provision of, or the purposes of, this Act, but has not power to do so under any other provision of this Part, the Department may pay such grants to such persons as it considers appropriate.
Terms, conditions and approval of Department of Finance and PersonnelN.I.
37—(1) Grants made under this Part shall be subject to such terms and conditions as the Department may, with the approval of the Department of Finance and Personnel, determine.
(2) Grants shall not be made under this Part without the approval of the Department of Finance and Personnel.
(3) Subsection (2) has effect subject to any direction given to the Department by the Department of Finance and Personnel.
PART 6 N.I.MISCELLANEOUS AND SUPPLEMENTARY
Acquisition of land by agreement or compulsorilyN.I.
38—(1) The Department may, for any purpose in connection with its functions under this Act, acquire by agreement or compulsorily any land.
(2) Article 113 of the Roads (Northern Ireland) Order 1993 (NI 15) (vesting orders) shall apply for the purposes of subsection (1) as it applies for the purposes of Article 110 of that Order.
Disposal of land acquired under section 38N.I.
39—(1) The Department may dispose of any land acquired under section 38 (acquisition of land by agreement or compulsorily).
(2) Section 5 of the Stormont Regulation and Government Property Act (Northern Ireland) 1933 (c. 6) shall not affect the disposal of land acquired under section 38.
Powers to obtain information and enter on landN.I.
40—(1) Article 118 of the Roads (Northern Ireland) Order 1993 (NI 15) (power to obtain information as to ownership of land) shall apply in relation to this Act as it applies in relation to that Order.
(2) Articles 119 and 120 of that Order (powers to enter on land) shall apply for the purposes of this Act but as if references in Article 119 to that Order were references to this Act.
Appointment of directors of N.I. Transport Holding CompanyN.I.
41 In section 47 of the 1967 Act (establishment of the Northern Ireland Transport Holding Company), after subsection (3) there shall be inserted the following subsection—
“(3A) Section 18(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) shall apply to appointments under this section.”.
Conduct of persons at bus stationsN.I.
42—(1) The Department may make regulations—
(a)for the purpose of regulating the conduct of persons at or near bus stations; and
(b)conferring powers on authorised persons for the purpose of the enforcement of regulations made under this section.
(2) In this section—
“authorised persons”, in relation to a bus station, means any persons authorised in writing by a designated operator for the purpose of regulations made under this section or any constables;
“bus station” means any place used by a designated operator in connection with the provision of services under a service agreement or a service permit to the extent that the public has access to it, excluding any area to which byelaws under section 57 of the 1967 Act (power of railway undertaking to make byelaws) apply;
“designated” means designated by the Department in relation to any premises;
“operator” means a person providing services under a service agreement or a service permit.
(3) Regulations under this section may provide that a person who contravenes a specified provision of regulations under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Shared transport facilitiesN.I.
43—(1) In this section—
“direction” means a direction under regulations;
“P” means a person with whom the Department has entered into a service agreement;
“regulations” means regulations under this section;
“specified” means specified in a direction.
(2) Regulations may make provision enabling the Department to direct that any place used by P for the provision of services under a service agreement shall be made available in accordance with the direction for the provision of specified services by another person.
(3) Regulations may make provision as to matters which may or must be dealt with in a direction.
Application of Act to partnershipsN.I.
44 Regulations may provide for this Act to apply in relation to partnerships with such modifications as may be prescribed.
Regulations - generalN.I.
45—(1) The Department may make regulations for any purpose for which regulations may be made under this Act, and for prescribing anything which may be prescribed under this Act, and generally for carrying this Act into effect.
(2) In particular, but without prejudice to the generality of subsection (1), the Department may make regulations with respect to the following matters—
(a)the procedure on applications for, and the determination of questions in connection with, the issuing and variation of service permits;
(b)the issue of service permits and the issue on payment of the prescribed fee of copies of service permits in the case of permits lost or defaced;
(c)the notification to the Department of routes on which a service under a service permit has ceased to be provided;
(d)the means by which vehicles may be identified, whether by plates, marks or otherwise, as providing a service under a service agreement or a service permit;
(e)the custody, production, return and cancellation of service permits and of documents, plates and any other means of identification prescribed under paragraph (d);
(f)ticketing machines and systems.
(3) No regulations to which this subsection applies shall be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.
(4) Subsection (3) applies to regulations under this Act if they include—
(a)regulations under section 42(3) or 43(2); or
(b)regulations under this section which make the declaration mentioned in subsection (6).
(5) Any other regulations under this Act shall be subject to negative resolution.
(6) Any person who contravenes a provision of regulations under this section, a contravention of which is declared by the regulations to be an offence, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) Regulations under this Act may contain such incidental, supplementary, consequential, transitory or saving provisions as the Department considers necessary or expedient.
InterpretationN.I.
46—(1) In this Act—
“the 1967 Act” means the Transport Act (Northern Ireland) 1967 (c. 37);
“the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995 (NI 18);
“authorised person”, except in section 42, means—
any person authorised in writing by the Department for the purposes of this Act; or
an examiner appointed by the Department of the Environment under Article 74 of the 1995 Order;
“company” and “subsidiary” have the meanings given in section 1159 of the Companies Act 2006 (c. 46);
“the Consumer Council” means the General Consumer Council for Northern Ireland;
“the Department” means the Department for Regional Development;
“modification” includes addition, omission and alteration;
“owner”, in relation to any land in Northern Ireland, means a person, other than a mortgagee not in possession, who, whether in that person's own right or as trustee for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;
“passenger transport”, except in the expression “public passenger transport services”, means—
public passenger transport services excluding, except in sections 23(7) and 25(2), rail services; and
the use of a vehicle under a permit under section 10B of the 1967 Act;
“prescribed” means prescribed by regulations;
“public passenger transport services” has the meaning given in section 1(4);
“public service contracts” has the same meaning as in Article 2 of Regulation (EC) No. 1370/2007 as amended from time to time;
“Regulation (EC) No. 1370/2007” means Regulation (EC) No. 1370/2007 of the European Parliament and of the Council of 23rd October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos. 1191/69 and 1107/70;
“regulations” means regulations made by the Department;
“reward” has the meaning given in section 46(a) of the 1967 Act;
“road” has the same meaning as in Article 2(2) of the 1995 Order;
“service agreement” and “service permit” have the meanings given in section 1(4);
“statutory provision” has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);
“Upper Tribunal” means the Upper Tribunal constituted under section 3 of the Tribunals, Courts and Enforcement Act 2007 (c. 15).
(2) For the purposes of this Act, the driver of a vehicle, if it belongs to the driver or is in the driver's possession under an agreement for hire, hire-purchase or loan, and in any other case the person whose servant or agent the driver is, shall be deemed to be the person using the vehicle.
(3) In its application to this Act, the Interpretation Act (Northern Ireland) 1954 (c. 33) has effect as if—
(a)in section 20 (offences by corporations), subsection (3) were omitted; and
(b)in section 24(1) (notice by post), the word “registering” were omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CommencementN.I.
48—(1) The following provisions of this Act shall come into operation on Royal Assent—
(a)sections 35, 37, 41 and 46;
(b)this section; and
(c)section 49.
(2) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.
(3) An order under subsection (2) may contain—
(a)such transitional provisions and savings;
(b)such supplementary, incidental or consequential provisions (including any provision amending this Act),
as the Department considers necessary or expedient in connection with the coming into operation of any of the provisions of this Act.
Short titleN.I.
49 This Act may be cited as the Transport Act (Northern Ireland) 2011.
SCHEDULES
Section 47(1).
SCHEDULE 1N.I.AMENDMENTS
The Motor Vehicles and Road Traffic Act (Northern Ireland) 1930 (c. 24)N.I.
1 In section 2 (conveyance of mails by public service vehicles), in subsection (3) for “road service” substitute “ bus operator's ”.N.I.
The Finance Act (Northern Ireland) 1966 (c. 21)N.I.
2 In section 14 (grants to operators of bus services), in paragraph (e) of the definition of “operator” for the words from “road service licence” to “1967” substitute “ service agreement or service permit under the Transport Act (Northern Ireland) 2011 ”.N.I.
The 1967 ActN.I.
3 In section 4 (grant of road service licences), in subsection (3) for “road service” substitute “ bus operator's ”.N.I.
4—(1) Amend section 5 (particulars to be provided by applicants) as follows.N.I.
(2) In subsection (1) for “road service” substitute “ bus operator's ”.
(3) In subsection (2) for “road service” substitute “ bus operator's ”.
(4) In subsection (3) for “road service” substitute “ bus operator's ”.
(5) In subsection (4) for “road service” substitute “ bus operator's ”.
5—(1) In section 6 (functions as to grant of licences), amend subsection (1) as follows.N.I.
(2) For “road service” in the first place where it occurs substitute “ bus operator's ”.
(3) In paragraph (d) for “road service” in each place where it occurs substitute “ bus operator's ”.
(4) In paragraph (f) for “road service” substitute “ bus operator's ”.
(5) In paragraph (g) for “road service” in each place where it occurs substitute “ bus operator's ”.
6—(1) Amend section 6A (refusal of licence in certain cases) as follows.N.I.
(2) In subsection (1) for “road service” substitute “ bus operator's ”.
(3) In subsection (4) for “road service” substitute “ bus operator's ”.
7—(1) Amend section 7 (conditions) as follows.N.I.
(2) In subsection (1) for “road service” substitute “ bus operator's ”.
(3) In subsection (1A) for “road service” substitute “ bus operator's ”.
(4) In subsection (1B) for “road service” substitute “ bus operator's ”.
(5) In subsection (2) for “road service” substitute “ bus operator's ”.
(6) In subsection (2A) for “road service” substitute “ bus operator's ”.
(7) In subsection (3) for “road service” substitute “ bus operator's ”.
8 In section 7A (conditions as to matters required to be notified), in subsection (1) for “road service” substitute “ bus operator's ”.N.I.
9—(1) Amend section 8 (duration of licences) as follows.N.I.
(2) In subsection (1) for “road service” substitute “ bus operator's ”.
(3) In subsection (2) for “road service” in each place where it occurs substitute “ bus operator's ”.
(4) In subsection (2A) for “road service” in both places where it occurs substitute “ bus operator's ”.
(5) Omit subsection (3).
(6) In subsection (4) for “road service” substitute “ bus operator's ”.
10—(1) Amend section 9 (fees) as follows.N.I.
(2) In subsection (1)(a) for “road service” substitute “ bus operator's ”.
(3) In subsection (2) for “road service” substitute “ bus operator's ”.
11—(1) Amend section 10 (revocation and suspension) as follows.N.I.
(2) In subsection (1) for “road service” substitute “ bus operator's ”.
(3) In subsection (2) for “road service” substitute “ bus operator's ”.
(4) In subsection (3) for “road service” in each place where it occurs substitute “ bus operator's ”.
(5) In subsection (3A) for “road service” substitute “ bus operator's ”.
(6) In subsection (4) for “road service” substitute “ bus operator's ”.
(7) In subsection (5) for “road service” substitute “ bus operator's ”.
12 In section 10A (exemption from licensing requirements of certain motor vehicles used under other permits), in subsection (1)—N.I.
(a)for “road service licence) and” substitute “ bus operator's licence), ”;
(b)after “thereof)” insert “ and section 1(7) of the Transport Act (Northern Ireland) 2011 (requirement of service agreement or service permit) ”.
13 In section 31 (records of licences), in subsection (1) for “road service” substitute “ bus operator's ”.N.I.
14 In section 45 (regulations for purposes of Parts 2 and 4), in paragraph (f) for “road service” substitute “ bus operator's ”.N.I.
15—(1) Amend section 46C (financial standing of road passenger transport operators) as follows.N.I.
(2) In subsection (1) for “road service” substitute “ bus operator's ”.
(3) In subsection (2) for “road service” substitute “ bus operator's ”.
16—(1) Amend section 46D (professional competence of road passenger transport operators) as follows.N.I.
(2) In subsection (1) for “road service” in both places where it occurs substitute “ bus operator's ”.
(3) In subsection (2) for “road service licence” substitute “ licence under Part 2 ”.
(4) In subsection (3)(a) for “road service licence” substitute “ licence under Part 2 ”.
(5) In subsection (5) for “road service” substitute “ bus operator's ”.
Section 47.
SCHEDULE 2N.I.REPEALS
Short Title | Extent of repeal |
---|---|
The Transport Act (Northern Ireland) 1967 (c. 37) | |
The Transport (Northern Ireland) Order 1977 (NI 10) | Article 6. |
The General Consumer Council (Northern Ireland) Order 1984 (NI 12) | In Part 1 of Schedule 2, in the second paragraph, “6(2) and (3)”. |
The Transport (Amendment) (Northern Ireland) Order 1990 (NI 7) | Article 6. |
The Taxis Act (Northern Ireland) 2008 (c. 4) |