Statutory Instruments
2010 No. 1208
Constitutional Law
Devolution, Wales
The National Assembly for Wales (Legislative Competence) (Transport) Order 2010
Made
12th April 2010
Coming into force in accordance with article 1
At the Court at Windsor Castle, the 12th day of April 2010
Present,
The Queen’s Most Excellent Majesty in Council
In accordance with section 95(5) of the Government of Wales Act 2006( 1 ), a draft of this Order has been laid before, and approved by resolution of, the National Assembly for Wales and each House of Parliament.
Accordingly, Her Majesty, in pursuance of section 95(1) of the Government of Wales Act 2006, is pleased, by and with the advice of Her Privy Council, to order as follows:–
Citation and commencement
1. —(1) This Order may be cited as the National Assembly for Wales (Legislative Competence) (Transport) Order 2010.
(2) This Order comes into force on the day after the day on which it is made.
(3) In this Order “ Schedule 5 ” means Schedule 5 to the Government of Wales Act 2006.
Concessionary travel
2. —(1) Part 1 of Schedule 5 is amended as follows.
(2) In Field 10 (highways and transport), after matter 10.1( 2 ) insert—
“ Matter 10.2
Concessionary travel on the following services—
(a)bus services;
(b)Welsh services provided under a franchise agreement to which the Welsh Ministers are a party.
Any expression which is used in paragraph (b) and the Railways Act 2005 has the meaning given in that Act. ”
Amendments to general exceptions to matters
3. —(1) In Part 2 of Schedule 5, paragraph A1 (exceptions to matters)( 3 ) is amended as follows.
(2) In paragraph (2) under the heading “ Highways and transport” —
(a) omit “and” after sub-paragraph (a), and
(b) after sub-paragraph (b) insert —
“ , and
(c) regulation of the description of vehicle which may be used pursuant to learner transport arrangements (including description by reference to a vehicle’s construction or equipment), but not including the setting of technical standards for construction or equipment which differ from the standards that would or might otherwise apply to that vehicle. ” .
(3) In paragraph (14) under that heading, insert at the end “(apart from regulation relating to the carriage of supervising adults on vehicles used pursuant to learner transport arrangements)”.
(4) After paragraph (19) under that heading insert—
“ In paragraphs (2) and (14) “ learner transport arrangements ” means arrangements of the kind described in matter 5.10 which consist of the provision of motor vehicles and are made by—
(a) public authorities (within the meaning of field 15) exercising functions relating to education or training, or
(b) institutions or other bodies concerned with the provision of education or training. ” .
4. —(1) In that Part of that Schedule, paragraph A1 is further amended as follows.
(2) In paragraph (13)(c) under the heading “Highways and transport” for “Council Regulation (EEC) 1191/69 (EC) No 1370/2007
Judith Simpson
Clerk of the Privy Council
Matter 10.1 was inserted by section 122 of the Local Transport Act 2008 (c.26) .
Paragraph A1 was inserted by article 2(9) of the National Assembly for Wales (Exceptions to Matters) Order 2009 ( SI 2009/3006 ). Paragraph (2) under the heading “Highways and transport” was substituted by article 3(3)(b) of the National Assembly for Wales (Legislative Competence) (Environment) Order 2010 ( SI 2010/248 ). Paragraph (19) under the same heading was inserted by article 3(3)(e) of the same order.