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Change 1
As published
123J Effect of local service contracts: registration requirements and provision of services
(1) Where a franchising scheme has been made, subsections (2) and (3) apply as soon as the effective time of any local service contract to which the franchising scheme relates is reached, subject to subsection (4).
(2) Sections 6 to 9 of the Transport Act 1985 (registration of local services) do not have effect in relation to the area to which the franchising scheme relates.
(3) No local service may be provided in the area to which the franchising scheme relates (if there is a stopping place for the service in that area) unless—
(a) it is provided under a local service contract,
(b) it is an interim service (see section 123O), or
(c) it is provided under a service permit (see section 123P).
(4) If the scheme provides for scheme sub-areas, subsections (2) and (3) apply in relation to each scheme sub-area as soon as the effective time of any local service contract for the provision of a local service in that scheme sub-area is reached, as if references in subsections (2) and (3) to the area to which the scheme relates were references to the scheme sub-area.
(5) Subsections (2) and (3) do not apply in relation to—
(a) a local service which is excepted from regulation arising because of the proposed scheme by any provision of the scheme that is made under section 123H(5), ...
(b) the use of a vehicle under a permit granted under section 22 of the Transport Act 1985 , or
(c) a service falling within subsection (8).
(6) If it appears to a franchising authority that—
(a) a person is operating or has operated a local service in contravention of subsection (3), and
(b) in operating that local service, the person is failing or has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening subsection (3),
the authority must inform a traffic commissioner.
(7) The effective time, in relation to a local service contract, is the beginning of the day on which a local service may first be provided under the contract (see sections 123K(4) and 123L).
(8) A service falls within this subsection if it is a local service provided under an agreement entered into, where a service for the carriage of passengers by railway or tramway has been temporarily interrupted—
(a) under section 40 of the Railways Act 2005 (substitute road services), or
(b) with the person who usually provides the railway or tramway service.
Your change, as a redline
123J Effect of local service contracts: registration requirements and provision of services
(1) Where a franchising scheme has been made, subsections (2) and (3) apply as soon as the effective time of any local service contract to which the franchising scheme relates is reached, subject to subsection (4).
(2) Sections 6 to 9 of the Transport Act 1985 (registration of local services) do not have effect in relation to the area to which the franchising scheme relates.
(3) No local service may be provided in the area to which the franchising scheme relates (if there is a stopping place for the service in that area) unless—
(a) it is provided under a local service contract,
(b) it is an interim service (see section 123O), or
(c) it is provided under a service permit (see section 123P).
(4) If the scheme provides for scheme sub-areas, subsections (2) and (3) apply in relation to each scheme sub-area as soon as the effective time of any local service contract for the provision of a local service in that scheme sub-area is reached, as if references in subsections (2) and (3) to the area to which the scheme relates were references to the scheme sub-area.
(5) Subsections (2) and (3) do not apply in relation to—
(a) a local service which is excepted from regulation arising because of the proposed scheme by any provision of the scheme that is made under section 123H(5), ...
(b) the use of a vehicle under a permit granted under section 22 of the Transport Act 1985 , or
(c) a service falling within subsection (8).
(6) If it appears to a franchising authority that—
(a) a person is operating or has operated a local service in contravention of subsection (3), and
(b) in operating that local service, the person is failing or has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening subsection (3),
the authority must inform a traffic commissioner.
(7) The effective time, in relation to a local service contract, is the beginning of the day on which a local service may first be provided under the contract (see sections 123K(4) and 123L).
(8) A service falls within this subsection if it is a local service provided under an agreement entered into, where a service for the carriage of passengers by railway or tramway has been temporarily interrupted—
(a) under section 40 of the Railways Act 2005 (substitute road services), or
(b) with the person who usually provides the railway or tramway service.
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