Part I Transport Executives

Preliminary

1 Interpretation of Part I.

In this Part of this Act—

• “ the Act of 1968 ” means the Transport Act 1968;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ Executive ” means—

(a) the Passenger Transport Executive for any integrated transport area (within the meaning of Part II of the Act of 1968) ; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ Authority ” means, in relation to any such Passenger Transport Executive, the Integrated Transport Authority .

• “ revenue grants ” means grants under section 13 of the Act of 1968 . . . in aid of the revenues of an Executive (including grants made under that section in respect of reductions in fares for children) and accordingly references to the revenues of an Executive include references to sums received by way of revenue grants;

• “ year ” means a period of twelve months beginning with 1st April.

Financial provisions

2 Financial duty of Executives

(1) An Executive shall so perform their functions as to ensure so far as practicable that the combined revenues of the Executive and any subsidiaries of theirs for any accounting period are not less than sufficient to meet their combined charges properly chargeable to revenue account in that period.

(2) If in the case of any accounting period it is not practicable for an Executive to ensure that those revenues are sufficient to meet those charges, subsection (1) above shall have effect in relation to the next following accounting period as if the combined charges there referred to included an amount equal to the amount of the deficit.

(3) For the purposes of this section there shall be disregarded any deficit or potential deficit in an accounting period to the extent to which it is or is to be covered by the appropriation of any reserves of the Executive available for the purpose if the appropriation of those reserves for that purpose has been proposed by the Executive . . . and approved by the Authority . . ..

(4) An Authority in exercising or performing any of their functions . . . shall have regard to the duty imposed on an Executive by this section.

(5) In this section “ subsidiary ” has the meaning given by section 92(1) of the Transport Act 1962, . . .

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Supplementary provisions.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Before giving or withholding any approval required by section 15(2)(a) of the Act of 1968 . . . the Authority shall have regard in particular to the extent to which their decision will affect the amount of revenue grants that will be needed to enable the Executive to comply with their duty under section 2 above and to the need to achieve a proper balance between the interests of the ratepayers in their area and the interests of transport users.

Management

7 Review of managerial organisation.

(1) An Authority shall, whenever the Secretary of State so requires, cause a review to be made of the organisation of the Executive for the purpose of determining whether, in the interests of managing the activities of the Executive in the most efficient manner, any particular activities of the Executive should be managed as separate units with separate accounts.

(2) The Authority shall inform the Executive in writing of the results of any such review and of the Authority’s conclusions arising from it; and the report under section 16 of the Act of 1968 . . . for the accounting period of the Executive in which they are so informed shall contain a statement showing the steps they have taken or propose to take in the light of the Authority’s conclusions.

(3) Nothing in this section affects the power of an authority to cause reviews to be made of the organisation of an Executive under section 15A(3) of the Act of 1968 . . . .

8 Tenders for carrying on activities of Executives.

(1) An Executive shall, in the case of such activities carried on by the Executive as they may determine to be apppropriate, invite other persons to submit tenders to carry on those activities for such period and on such basis as the Executive may specify in the invitation to tender.

(2) If the Authority so direct, the Executive shall invite tenders to carry on, for such period and on such basis as may be specified in the direction, such activities or descriptions of activities carried on by the Executive as may be so specified.

(3) An Executive shall accept a tender invited pursuant to this section if it appears to them that to do so would result in the relevant activities being carried on in a satisfactory manner and at less cost to them than if they were to continue to carry on those activities themselves.

(4) Any direction under subsection (2) above shall be in writing and it shall be the duty of the Executive to give effect to it.

(5) Every report under section 16 of the Act of 1968 . . . for an accounting period of an Executive shall contain a statement showing the steps which the Executive have taken in that period to comply with the requirements of subsections (1) and (2) above.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

9 Repeals and minor amendments.

(1) The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 15(5) of the Act of 1968 (expenditure by an Authority in performing their functions) the reference to Part II of that Act shall include a reference to this Part of this Act.

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 Commencement of Part I and transitional provisions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II National Dock Labour Board

11 Reduction of indebtedness of National Dock Labour Board.

(1) The National Dock Labour Board shall not be liable to repay £238 million of the money borrowed by them from the Secretary of State and forming part of the Consolidated Loan of 1st April 1982.

(2) The amount mentioned in subsection (1) above (which was used for financing severance payments to registered dock workers in the ports of London and Liverpool in 1981) shall be taken into account for the purposes of subsection (3) of section 1 of the Ports (Financial Assistance) Act 1981 (overall limit on financial assistance for those ports) as if it were a grant made under subsection (1) of that section and not repaid.

Part III General

12 Short title and extent.

(1) This Act may be cited as the Transport Act 1983.

(2) This Act extends to England and Wales only.

SCHEDULE Repeals