(2) An order under section 24 made by the Secretary of State may
include provision which, subject to any modifications that the
Secretary of State considers appropriate, has an effect in connection
with operator agreements which corresponds or is similar to the
5effect of the following provisions in connection with franchise
agreements—

(a) section 27(3) of this Act (restrictions on transfer or creation of
security over assets);

(b) section 27(5) of this Act (transactions entered into in breach of
10restrictions to be void);

(c) section 27(6) and (7) of this Act (no execution or other legal
process etc in respect of assets);

(d) section 31 of this Act (disapplication of legislation: security of
tenure of business premises);

(e) 15sections 55 to 58 of this Act (enforcement);

(f) section 12 of, and Schedule 2 to, the Railways Act 2005
(transfer schemes), subject to subsection (4) below.

(3) Provision included in an order by virtue of subsection (2) may be
made by applying the provision in question, subject to any
20modifications that the Secretary of State considers appropriate.

(4) The provision which may be included in an order by virtue of
subsection (2)(f) is subject to the following restrictions—

(a) it is to be provision which applies only where an operator
agreement is or has been in force to which one of the
25following is or was party—

(i) a Passenger Transport Executive,

(ii) a local transport authority, or

(iii) a relevant company;

(b) the person entitled under the provision to make a transfer
30scheme is to be a Passenger Transport Executive or local
transport authority which—

(i) is or was party to the operator agreement, or

(ii) is the owner, or one of the owners, of a relevant
company which is or was party to the operator
35agreement;

(c) the persons to whom assets may be transferred under a
scheme made under the provision are to be—

(i) the Passenger Transport Executive or local transport
authority which makes the scheme;

(ii) 40any other Passenger Transport Executive or local
transport authority which—

(a) is or was party to the operator agreement, or

(b) is the owner, or one of the owners, of a
relevant company which is or was party to the
45operator agreement;

(iii) a relevant company;

(iv) a person who is, or is to be, the operator under an
operator agreement.

(5) In this section—

Deregulation BillPage 131

• “local transport authority” has the same meaning as in Part 2 of
  the Transport Act 2000 (see section 108(4) of that Act);

• “operator agreement” means any agreement which a person
  who has the benefit of a franchise exemption may enter into
  5for another person (“the operator”) to provide the services (or
  any part of the services) in respect of which the exemption is
  granted;

• “Passenger Transport Executive” means a body which is such
  an Executive for the purposes of Part 2 of the Transport Act
  101968;

• “relevant company” means—

  (a)

  a company that is wholly owned by a Passenger
  Transport Executive or a local transport authority, or

  (b)

  a company of which each owner is a Passenger
  15Transport Executive or a local transport authority.”

Minor correcting amendments

9 (1) In section 30 of the Railways Act 1993 (duty of relevant franchising
authority), subsection (3) is amended as follows.

(2) In paragraph (b)—

(a) 20for “notice” substitute “proposal”;

(b) for “the proposal date specified for the purposes of subsection
(5)(a)(ii) of that section” substitute “the date for the discontinuance of
services specified in the proposal”.

(3) In paragraph (c), for “subsection (2)” substitute “subsection (3)”.

Section 36

25SCHEDULE 9 Regulation of the use of roads and railways

Part 1 Duration of driving licences to be granted to drivers with relevant or
prospective disabilities

1 30Part 3 of the Road Traffic Act 1988 (licensing of drivers of vehicles) is
amended as follows.

2 In section 99 (duration of licences of drivers of motor vehicles of classes other
than any prescribed class of goods vehicle or any prescribed class of
passenger-carrying vehicle), in subsection (1)(b) (duration of licence to be
35granted to person suffering from relevant or prospective disability), for the
words from “of not more than” to “may determine” substitute “as the
Secretary of State may determine which shall be a period—

“of not more than ten years and not less than one year,
ending on or before the seventieth anniversary of the
40applicant’s date of birth, or

(ii) where, at the time the licence is granted, there are less
than three years until that seventieth anniversary or
where the licence is granted on or after that

anniversary, of not more than three years and not less
than one year”.

3 In consequence of paragraph 2, in section 100(1)(b) (appeals relating to
licences: determination under section 99(1)(b))—

(a) 5for “three” substitute “ten”;

(b) after “or less” insert “or, where sub-paragraph (ii) of section 99(1)(b)
applies, for three years or less”.’.

Part 2 Permit schemes: removal of requirement for Secretary of State approval

4 10Part 3 of the Traffic Management Act 2004 (permit schemes) is amended as
follows.

5 (1) Section 33 (preparation of permit schemes) is amended as follows.

(2) For subsection (1) substitute—

“(1) A local highway authority in England, or two or more such
15authorities acting together, may prepare a permit scheme.

(1A) A local highway authority in Wales, or two or more such authorities
acting together, may prepare and submit to the Welsh Ministers a
permit scheme.”

(3) For subsection (2) substitute—

“(2) 20The Secretary of State may direct a local highway authority in
England, or two or more such authorities acting together, to prepare
and give effect to a permit scheme which takes such form as the
Secretary of State may direct.

(2A) The Welsh Ministers may direct a local highway authority in Wales,
25or two or more such authorities acting together, to prepare and
submit to them a permit scheme which takes such form as the Welsh
Ministers may direct.”

6 After section 33 insert—

“33A Implementation of local highway authority permit schemes: England

(1) 30This section applies to a permit scheme prepared by a local highway
authority in England, or two or more such authorities acting
together, in accordance with section 33(1) or (2).

(2) The scheme shall not have effect in the area of a participating
authority unless the authority gives effect to it by order.

(3) 35For the purposes of subsection (2) a local highway authority is a
“participating authority” in relation to a permit scheme if it is the
highway authority for any of the streets in which the scheme is to
control the carrying out of works.

(4) An order under subsection (2)—

(a) 40must set out the scheme and specify the date on which the
scheme is to come into effect, and

(b) may (in accordance with permit regulations) include
provisions which disapply or modify enactments to the
extent specified in the order.”

7 (1) Section 34 (implementation of local highway authority permit schemes) is
5amended as follows.

(2) In subsection (1)—

(a) after “prepared” insert “by a local highway authority in Wales”;

(b) for “appropriate national authority (“the authority”)” substitute
“Welsh Ministers”;

(c) 10for “33(1) or (2)” substitute “33(1A) or (2A)”.

(3) In subsection (2), for “authority” substitute “Welsh Ministers”.

(4) In subsection (3), for “it approves” substitute “the Welsh Ministers approve”.

(5) In subsection (4), for “the authority by order gives” substitute “the Welsh
Ministers by order give”.

(6) 15In the heading, at the end insert “: Wales”.

8 For section 36 (variation and revocation of permit schemes) substitute—

“36 Variation and revocation of permit schemes

(1) A local highway authority in England may by order vary or revoke
a permit scheme to the extent that it has effect in the area of the
20authority by virtue of an order made by the authority under section
33A(2).

(2) The Secretary of State may direct a local highway authority in
England to vary or revoke a permit scheme by an order under
subsection (1).

(3) 25An order made by a local highway authority under subsection (1)
may vary or revoke an order made by the authority under section
33A(2), or an order previously made by the authority under
subsection (1).

(4) The Welsh Ministers may by order vary or revoke any permit scheme
30which for the time being has effect by virtue of an order made by
them under section 34(4) or 35(2).

(5) An order under subsection (4) may vary or revoke an order made by
the Welsh Ministers under section 34(4) or 35(2), or an order
previously made under subsection (4).

(6) 35The Secretary of State may by order vary or revoke any permit
scheme which for the time being has effect by virtue of an order
made by the Secretary of State under section 35(2).

(7) An order under subsection (6) may vary or revoke an order made by
the Secretary of State under section 35(2), or an order previously
40made under subsection (6).

(8) An order under subsection (4) or (6) may relate to one or more permit
schemes.

(9) An order under this section may (in accordance with permit
regulations) include provisions which disapply or modify
enactments to the extent specified in the order.”

9 (1) Section 37 (permit regulations) is amended as follows.

(2) 5In subsection (1)—

(a) for “appropriate national authority” substitute “Secretary of State”;

(b) omit “submission, approval,”;

(c) at the end insert “prepared by local highway authorities in England
under section 33(1) or (2) or by the Secretary of State under section
1033(3) or (4)”.

(3) After subsection (1) insert—

“(1A) The Welsh Ministers may by regulations (“permit regulations”)
make provision with respect to the content, preparation, submission,
approval, operation, variation or revocation of permit schemes
15prepared by local highway authorities in Wales under section 33(1A)
or (2A) or by the Welsh Ministers under section 33(3).”

(4) After subsection (3) insert—

“(3A) Permit regulations made by the Secretary of State may impose
requirements for the purpose of securing that permit schemes are
20kept under review.”

10 (1) Section 39 (interpretation of Part 3) is amended as follows.

(2) In subsection (1), in paragraph (b) of the definition of “the appropriate
national authority”, for “National Assembly for Wales” substitute “Welsh
Ministers”.

(3) 25In subsection (3), after “power” insert “of the Secretary of State or the Welsh
Ministers”.

(4) After subsection (5) insert—

“(6) A statutory instrument containing regulations under this Part made
by the Welsh Ministers is subject to annulment in pursuance of a
30resolution of the National Assembly for Wales.”

11 (1) This paragraph applies to a permit scheme prepared by a local highway
authority in England which, by virtue of an order made by the Secretary of
State under section 34(4) of the Traffic Management Act 2004, has effect
immediately before the date on which paragraphs 4 to 10 come into force.

(2) 35On and after that date, the scheme is to be treated as if it had effect by virtue
of an order made by the local highway authority under section 33A(2) of that
Act.

Part 3 Road humps

12 40The Highways Act 1980 is amended as follows.

13 In section 90A (construction of road humps by highway authority), in
subsection (1)(b), for “the Secretary of State” substitute “the appropriate
national authority”.

14 (1) Section 90B (additional powers of Secretary of State and Welsh Ministers) is
5amended as follows.

(2) In subsection (1)—

(a) in the opening words, for “Secretary of State” substitute “Welsh
Ministers”;

(b) in the opening words, for “he is” substitute “they are”;

(c) 10in paragraph (b), for “him” substitute “them”;

(d) in the closing words, for “him” substitute “them”.

(3) In subsection (3)—

(a) for “Secretary of State”, in the first place those words occur,
substitute “Welsh Ministers”;

(b) 15for “Secretary of State has” substitute “Welsh Ministers have”.

(4) In subsection (4), for “Secretary of State” substitute “Welsh Ministers”.

(5) In subsection (5), for “Secretary of State so directs” substitute “Welsh
Ministers so direct”.

(6) In subsection (6)—

(a) 20for “Secretary of State” substitute “Welsh Ministers”;

(b) for “his” substitute “their”.

(7) In the heading, for “Secretary of State” substitute “Welsh Ministers”.

15 (1) Section 90C (road humps: consultation and local inquiries) is amended as
follows.

(2) 25In subsection (1)—

(a) for the words from “Where the Secretary of State” to “he or they”
substitute “Where a highway authority proposes to construct a road
hump under section 90A, or the Welsh Ministers propose to
construct a road hump under section 90B, the highway authority or
30the Welsh Ministers (as the case may be)”;

(b) omit paragraph (a) and the “and” following it;

(c) in paragraph (b)—

(i) omit “other”;

(ii) for “the Secretary of State” substitute “the appropriate
35national authority”.

(3) For subsection (2) substitute—

“(2) The highway authority or the Welsh Ministers (as the case may be)
shall also comply with such requirements as may be specified in
regulations made by the appropriate national authority in relation
40to—

(a) the publication of—

(i) details of proposals to construct road humps, and

(ii) procedures for making objections to such proposals,
and

(b) 45procedures for dealing with such objections.

(2A) Regulations under subsection (2)(b) may, in particular, contain
provision about—

(a) local inquiries in relation to proposals to construct road
humps, and

(b) 5the application of subsections (2) to (5) of section 250 of the
Local Government Act 1972 in relation to such inquiries,
subject to such modifications as may be specified in the
regulations.”

(4) Omit subsections (3) to (5).

(5) 10In subsection (6)—

(a) for “the Secretary of State” substitute “the appropriate national
authority”;

(b) for “he” substitute “it”.

16 (1) Section 90D (regulations concerning construction and maintenance of road
15humps) is amended as follows.

(2) In subsection (1)—

(a) for “The Secretary of State” substitute “The appropriate national
authority”;

(b) for “him” substitute “the appropriate national authority”.

(3) 20In subsection (3)—

(a) for “the Secretary of State” substitute “the appropriate national
authority”;

(b) for “he” substitute “it”.

(4) In subsection (4)—

(a) 25for “the Secretary of State” substitute “the appropriate national
authority”;

(b) for “him” substitute “the appropriate national authority”.

17 (1) Section 90E (status of road humps) is amended as follows.

(2) In subsection (1B)(a), for “the Secretary of State” substitute “the appropriate
30national authority”.

(3) In subsection (2), in paragraph (a), for “the Secretary of State” substitute “the
appropriate national authority”.

18 In section 90F (meaning of “road hump” and interpretation of sections 90A
to 90E), in subsection (2), after “In sections 90A to 90E above—” insert—

• 35““the appropriate national authority” means—

  (a)

  the Secretary of State, in relation to England;

  (b)

  the Welsh Ministers, in relation to Wales;”.

19 After section 90F insert—

“90FA Regulations under sections 90C and 90D

(1) 40Regulations under section 90C or 90D are to be made by statutory
instrument.

(2) Regulations under section 90C or 90D may—

(a) include incidental, supplementary, consequential or
transitional provision or savings;

(b) make different provision for different purposes.

(3) A statutory instrument containing regulations made by the Secretary
5of State under section 90C or 90D is subject to annulment in
pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing regulations made by the Welsh
Ministers under section 90C or 90D is subject to annulment in
pursuance of a resolution of the National Assembly for Wales.”

20 10In section 325 (provisions as to regulations, schemes and orders), after
subsection (2A) insert—

“(2B) This section does not apply to regulations under section 90C or 90D
(see section 90FA for provision about such regulations).”

Part 4 15Pedestrian crossings: removal of requirement to inform Secretary of State

21 In section 23(2) of the Road Traffic Regulation Act 1984—

(a) omit paragraph (c) (which requires that the Secretary of State or, in
relation to Wales, the Welsh Ministers be informed in writing before
certain pedestrian crossings are established or removed etc);

(b) 20omit the “and” before that paragraph.

Part 5 Off-road motoring events

22 In section 13A(1) of the Road Traffic Act 1988 (list of motoring offences
which do not apply for authorised off-road motoring events), after “2” insert
25“, 2B”.

Part 6 Testing of vehicles

23 In section 52 of the Road Traffic Act 1988 (supplementary provisions about
tests etc of goods vehicles), in subsection (2) (which confers power on the
30Secretary of State to provide and maintain stations and apparatus for the
carrying out of examinations of certain goods vehicles), for the words from
“provide and maintain” to the end of the subsection substitute “—

(a) provide and maintain stations where examinations of goods
vehicles under regulations under section 49 or under section
3550 of this Act may be carried out,

(b) designate premises as stations where such examinations may
be carried out, and

(c) provide and maintain apparatus for the carrying out of such
examinations.”

24 (1) 40Section 46 of that Act (provision which may be included in regulations
under section 45 of that Act about tests of the condition of vehicles other than
certain goods vehicles) is amended as follows.

(2) In subsection (1), after paragraph (j) insert—

“(ja) the charges to be paid to the Secretary of State by persons
occupying premises designated under section 8(3)(b) of the
Public Passenger Vehicles Act 1981 as stations where
5inspections of public service vehicles may be carried out
where the charges are in connection with—

(i) the provision by the Secretary of State of vehicle
examiners to examine public service vehicles on the
premises,

(ii) 10the issue of test certificates or notifications of the
refusal of test certificates in respect of examinations of
public service vehicles carried out on the premises,

(iii) the issue of duplicates or copies of test certificates
issued in respect of such examinations, and

(iv) 15the correction of errors in test certificates so issued,”.

(3) In that subsection, omit the “and” at the end of paragraph (k) and insert—

“(ka) the keeping by persons mentioned in paragraph (ja) of
registers of test certificates in the prescribed form and
containing the prescribed particulars, and the inspection of
20such registers by such persons and in such circumstances as
may be prescribed,”.

(4) In that subsection, after paragraph (l) insert “, and

(m) the keeping of records by persons mentioned in paragraph
(ja) and the providing by them of returns and information to
25the Secretary of State.”

(5) In subsection (4), after “subsection (1)(j)” insert “or (ja)”.

25 (1) Section 51 of that Act (particular aspects of regulations under section 49 of
that Act dealing with the testing of certain goods vehicles etc) is amended as
follows.

(2) 30In subsection (1), after paragraph (k) insert—

“(ka) make provision as to the charges to be paid to the Secretary
of State by persons occupying premises designated under
section 52(2)(b) as stations where examinations of goods
vehicles may be carried out where the charges are in
35connection with—

(i) the provision by the Secretary of State of vehicle
examiners to examine goods vehicles on the premises,

(ii) the issue of test certificates or notifications of the
refusal of test certificates in respect of examinations of
40goods vehicles carried out on the premises,

(iii) the issue of duplicates or copies of test certificates
issued in respect of such examinations, and

(iv) the correction of errors in test certificates so issued,”.

(3) In that subsection, after paragraph (ka) (as inserted by sub-paragraph (2))
45insert—

“(kb) make provision as to the keeping by persons mentioned in
paragraph (ka) of registers of test certificates in the
prescribed form and containing the prescribed particulars,

and the inspection of such registers by such persons and in
such circumstances as may be prescribed,

(kc) make provision as to the keeping of records by persons
mentioned in paragraph (ka) and the providing by them of
5returns and information to the Secretary of State,”.

(4) After subsection (1) insert—

“(1A) The provision which may be made by virtue of subsection (1)(ka)
above includes provision requiring—

(a) the making to the Secretary of State at prescribed times of
10payments, of such amounts as may be determined by him in
accordance with regulations, on account of charges that may
become payable, and

(b) where forms for test certificates and notifications of the
refusal of test certificates are supplied by the Secretary of
15State, the payment to him of charges for the supply of such
forms,

and for the repayment, in prescribed circumstances, of such
payments received by the Secretary of State.”

Part 7 20Rail vehicle accessibility regulations: exemption orders

26 The Equality Act 2010 is amended as follows.

27 (1) Section 183 (exemptions from rail vehicle accessibility regulations) is
amended as follows.

(2) Omit subsection (3) (power to make regulations as to exemption orders:
25applications etc).

(3) After subsection (6) insert—

“(7) Section 207(2) does not require an exemption order to be made by
statutory instrument; but such an order is as capable of being
amended or revoked as an order made by statutory instrument.”

28 30In consequence of paragraph 27—

(a) omit section 184 (procedure for making exemption orders);

(b) in section 185 (annual report on exemption orders)—

(i) omit subsection (1)(b);

(ii) in subsection (2)(b), for “sections 183(4) and 184(2)” substitute
35“section 183(4)”;

(c) in section 208 (Ministers of the Crown, etc)—

(i) omit subsection (5)(g);

(ii) omit subsection (7)(a).

29 (1) This paragraph applies to an exemption order made by statutory instrument
40under section 183(1) of the Equality Act 2010, or treated as so made, before
the date on which paragraph 27(3) comes into force.

(2) The order is to be treated as having been made otherwise than by statutory
instrument; but is to be as capable of being amended or revoked as an order
made by statutory instrument.