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Change 1
As published
138M Variation: making the variation
(1) This section applies if a local transport authority or authorities have complied with the requirements of section 138L as regards a proposal to vary an enhanced partnership plan or scheme.
(2) If the authority or authorities consider it appropriate to vary the plan or scheme, they may vary the plan or scheme as proposed or with modifications.
(3) Before varying the plan or scheme, the authorities must give notice of their intention to vary the plan or scheme, as proposed or with modifications, to persons who were operators of qualifying local services at the qualifying time.
(4) The notice under subsection (3) must—
(a) contain full details of the variation or state where such details may be inspected,
(b) if the variation made is a modified version of the variation that was proposed, state that it is a modified version,
(c) state the effect of subsection (5), and
(d) require any objections by persons who are operators of qualifying local services at the qualifying time to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).
(4A) The authority or authorities may vary the plan or scheme (with or without modifications) before the end of the objection period if every person to whom the notice under subsection (3) is required to be given has confirmed in writing that they do not intend to object.
(5) The authority or authorities may not vary the plan or scheme (with or without modifications) if a sufficient number of the persons who were operators of qualifying local services at the qualifying time object to the variation.
(6) Not later than 14 days after the date on which the variation of the plan or scheme is made, the authority or authorities must give notice of the variation—
(a) in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,
(b) to all operators of local services who would, in the opinion of the authority or authorities, be affected by it, and
(c) to a traffic commissioner.
(7) The notice must—
(a) contain full details of the variation or state where such details may be inspected, and
(b) if the variation made is a modified version of the variation that was proposed, state that it is a modified version.
(8) The Secretary of State may by regulations—
(a) specify the descriptions of local services that are qualifying local services for the purposes of this section,
(b) provide for the determination of the qualifying time for the purposes of this section,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) specify what constitutes a sufficient number of persons for the purposes of subsection (5), and
(e) specify how a person's objection is to be evidenced.
(9) Regulations under subsection (8)(d) may, in particular—
(a) require that a proposed variation be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and
(b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.
Your change, as a redline
138M Variation: making the variation
(1) This section applies if a local transport authority or authorities have complied with the requirements of section 138L as regards a proposal to vary an enhanced partnership plan or scheme.
(2) If the authority or authorities consider it appropriate to vary the plan or scheme, they may vary the plan or scheme as proposed or with modifications.
(3) Before varying the plan or scheme, the authorities must give notice of their intention to vary the plan or scheme, as proposed or with modifications, to persons who were operators of qualifying local services at the qualifying time.
(4) The notice under subsection (3) must—
(a) contain full details of the variation or state where such details may be inspected,
(b) if the variation made is a modified version of the variation that was proposed, state that it is a modified version,
(c) state the effect of subsection (5), and
(d) require any objections by persons who are operators of qualifying local services at the qualifying time to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).
(4A) The authority or authorities may vary the plan or scheme (with or without modifications) before the end of the objection period if every person to whom the notice under subsection (3) is required to be given has confirmed in writing that they do not intend to object.
(5) The authority or authorities may not vary the plan or scheme (with or without modifications) if a sufficient number of the persons who were operators of qualifying local services at the qualifying time object to the variation.
(6) Not later than 14 days after the date on which the variation of the plan or scheme is made, the authority or authorities must give notice of the variation—
(a) in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,
(b) to all operators of local services who would, in the opinion of the authority or authorities, be affected by it, and
(c) to a traffic commissioner.
(7) The notice must—
(a) contain full details of the variation or state where such details may be inspected, and
(b) if the variation made is a modified version of the variation that was proposed, state that it is a modified version.
(8) The Secretary of State may by regulations—
(a) specify the descriptions of local services that are qualifying local services for the purposes of this section,
(b) provide for the determination of the qualifying time for the purposes of this section,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) specify what constitutes a sufficient number of persons for the purposes of subsection (5), and
(e) specify how a person's objection is to be evidenced.
(9) Regulations under subsection (8)(d) may, in particular—
(a) require that a proposed variation be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and
(b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.
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