Minibus Act 1977
| Jurisdiction | UK Non-devolved |
| Citation | 1977 c. 25 |
| Year | 1977 |
Minibus Act 1977
1977 CHAPTER 25
An Act to make provision for the use of certain motor vehicles by bodies concerned with education, with religion, with social welfare or with other activities for the benefit of the community; and for purposes connected therewith.
[22nd July 1977]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Use of certain minibuses by educational and other bodies.
(1) If a vehicle which is adapted to carry more than seven but not more than sixteen passengers is used for carrying passengers for hire or reward, it shall nevertheless be treated as not being a public service vehicle if and so long as—
(a ) the vehicle is specified in a permit under this section; and
(b ) the vehicle is being used neither for the carriage of members of the public at large nor with a view to profit nor incidentally to an activity which is itself carried on with a view to profit; and
(c ) the use of the vehicle is by the body to whom the permit was granted and in every respect in accordance with the conditions of the permit.
(2) Permits under this section may be granted—
(a ) by the traffic commissioners for the traffic area in which the vehicle concerned is ordinarily kept to any body appearing to them to be concerned with education, with religion, with social welfare or with other activities for the benefit of the community; and
(b ) by a body designated in an order under subsection (3) below either to itself or to any other body to whom, in accordance with the order, it is entitled to issue a permit;
but in the exercise of their discretion under this subsection traffic commissioners shall have regard to any directions (whether of a general or specific character) given to them by the Secretary of State.
(3) The Secretary of State may by order designate for the purpose of this Act bodies appearing to him to be concerned with education, with religion, with social welfare or with other activities for the benefit of the community and, with respect to any body designated by it, any such order—
(a ) shall specify the classes of bodies to whom the designated body may grant permits under this section;
(b ) may impose restrictions with respect to the grant of permits by the designated body and, in particular, may provide that no permit may be granted, either generally or in such cases as may be specified in the order, unless the permit contains such conditions as may be so specified; and
(c ) may require the designated body to make returns with regard to the permits granted by it.
(4) The power to make an order under subsection (3) above—
(a ) includes power to vary or revoke an order previously made in the exercise of that power; and
(b ) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) At any time when, apart from subsection (1) above, a vehicle would be a public service vehicle, it shall continue to be treated as such for the purpose only of provisions contained in a local Act which—
(a ) regulate the use of private hire vehicles, that is to say, vehicles provided for hire with the service of a driver for the purpose of carrying passengers; and
(b ) exclude public service vehicles from the scope of that regulation.
2 Supplementary provisions as to permits under section 1.
(1) A permit under section 1 above shall be in such form as may be prescribed under section 3 below and, subject to subsection (5) below, shall specify—
(a )...
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