Law

Transport Act 2000

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

In force since 2026-10-29, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 5d25bd7d668a364daf279a1a9e8e07f8619442cde7d81f683302c51c09662aad

Contents: 428 provisions
  1. Title and introductory text
  2. 1 Secretary of State’s general duty.
  3. 2 CAA’s general duty.
  4. 3 Restrictions on providing services.
  5. 4 Exemptions.
  6. 5 Licences: general.
  7. 6 Licences: grant.
  8. 7 Licences: provisions.
  9. 8 Duties of licence holders.
  10. 9 Power to exclude services from effect of section 8.
  11. 10 Breach of duties or conditions.
  12. 11 Modification of a licence
  13. 11A Modification of licence: procedure
  14. 11B Restrictions on power to modify licence conditions
  15. 12 References to Competition and Markets Authority.
  16. 12A References under section 12: time limits
  17. 12B References under section 12: application of Enterprise Act 2002
  18. 13 Reports on references.
  19. 14 Modification following report.
  20. 15 CMA's power to give direction.
  21. 16 Position where CMA gives direction.
  22. 17 CMA's duty as to modifications under section 16.
  23. 18 Sections 15 and 16: general.
  24. 19 Modification by order under other enactments.
  25. 19A Appeal to Competition and Markets Authority
  26. 19B When appeals may be allowed
  27. 19C Determination of appeal
  28. 19D Determination of appeal: time limits
  29. 19E Determination of appeal: publication etc
  30. 19F Procedure on appeals
  31. 20 Enforcement
  32. 21 Exceptions.
  33. 22 Procedural requirements.
  34. 23 Validity of orders.
  35. 24 Effect of orders.
  36. 25 Power to obtain information
  37. 25A Imposing penalties
  38. 25B Recovering penalties
  39. 25C Statement of policy on penalties
  40. 26 Protection of licence companies etc.
  41. 27 Duty to make order.
  42. 28 Power to make order.
  43. 29 Air traffic administration orders.
  44. 30 Petitions and orders: supplementary.
  45. 31 Government financial help.
  46. 32 Guarantees under section 31.
  47. 33 Northern Ireland.
  48. 34 Investigations.
  49. 35 Register.
  50. 36 Land.
  51. 37 Licence holders as statutory undertakers.
  52. 38 Directions in interests of national security etc.
  53. 39 Directions relating to the environment.
  54. 40 Interpretation.
  55. 40A Connected persons
  56. 41 Meaning of transfer scheme.
  57. 42 Transfer schemes: supplementary.
  58. 43 Transfer schemes made by CAA.
  59. 44 Effect of scheme made by CAA.
  60. 45 Transfer schemes made by Secretary of State.
  61. 46 Information for purposes of section 45.
  62. 47 Accounting provisions.
  63. 48 Accounting provisions: interpretation.
  64. 49 Issue of securities.
  65. 50 Government investment in securities.
  66. 51 Crown shareholding.
  67. 52 Loans.
  68. 53 Guarantees.
  69. 54 Grants.
  70. 55 Trustee investments.
  71. 56 Shadow directors.
  72. 57 Extinguishment of liabilities.
  73. 58 Securities to be issued.
  74. 59 Securities: other provisions.
  75. 60 Enforcement of certain obligations.
  76. 61 Special provisions about land.
  77. 62 Exercise of functions through nominees.
  78. 63 Further provisions about transfer schemes.
  79. 64 Tax.
  80. 65 Interpretation.
  81. 66 Air navigation: directions.
  82. 67 National security.
  83. 68 Directions: further provision.
  84. 69 Directions: supplementary.
  85. 70 General duty.
  86. 71 Information for purposes of Chapter III.
  87. 72 Interpretation.
  88. 73 Charges for services.
  89. 74 Publication, commencement, amendment and revocation.
  90. 75 Specifications: supplementary.
  91. 76 Liability, recovery etc.
  92. 77 Chargeable air services.
  93. 78 Amounts for recovery etc.
  94. 79 Further duties of the CAA.
  95. 80 Secretary of State’s duties.
  96. 81 Records.
  97. 82 Offences.
  98. 83 Detention and sale.
  99. 84 Interpretation.
  100. 85 Interpretation of Chapter V.
  101. 86 Functions exercisable by CAA and CMA
  102. 87 CAA’s 2002 Act functions.
  103. 88 CAA’s 1998 Act functions.
  104. 89 Carrying out functions.
  105. 90 Publication of information and advice.
  106. 91 Review and information.
  107. 92 Secretary of State’s directions to CAA.
  108. 93 Control in time of hostilities etc.
  109. 94 Orders for possession of aerodromes etc.
  110. 95 Sections 93 and 94: interpretation.
  111. 96 Civil Aviation Authority Pension Scheme.
  112. 97 Amendments.
  113. 98 Air traffic services.
  114. 99 The CAA.
  115. 100 Service of documents.
  116. 101 Making of false statements etc.
  117. 102 Disclosure of information.
  118. 103 Orders and regulations.
  119. 104 Directions.
  120. 105 Crown application.
  121. 106 The Crown: other provisions.
  122. 107 Extension outside United Kingdom.
  123. 108 Local transport plans.
  124. 109 Further provision about plans: England
  125. 109ZA Combined authorities and combined county authorities: adoption of local transport plans
  126. 109A Approval of plans: Wales
  127. 109B Further provision about plans: Wales
  128. 109C Transitional provisions: Wales
  129. 110 Bus strategies.
  130. 111 Consultation and publicity about bus strategies.
  131. 112 Plans and strategies: supplementary.
  132. 113 Role of councils in relation to policies etc of ITAs, combined authorities & CCAs
  133. 113A Modification of provisions about plans and strategies: Wales
  134. 113B Directions concerning plans and strategies: Wales
  135. 113BA Bus network accessibility plans
  136. 113C Advanced quality partnership schemes
  137. 113D Advanced quality partnership schemes: registration restrictions
  138. 113E Advanced quality partnership schemes: facilities, measures and standards
  139. 113F Advanced quality partnership schemes: traffic regulation orders
  140. 113G Notice and consultation requirements
  141. 113H Making of scheme
  142. 113I Postponement of scheme or of provision of particular facilities, taking of particular measures or provision of particular standards of service
  143. 113J Effect of scheme
  144. 113K Regulations about schemes involving existing facilities or measures which are already in effect
  145. 113L Variation or revocation of schemes
  146. 113M Variation: supplementary
  147. 113N Regulations about schemes
  148. 113O Guidance about schemes
  149. 114 Quality partnership schemes.
  150. 115 Notice and consultation requirements.
  151. 116 Making of scheme.
  152. 117 Postponement of scheme or of provision of particular facilities or standards of service
  153. 118 Effect of scheme.
  154. 119 Regulations about schemes involving existing facilities.
  155. 120 Variation or revocation of schemes.
  156. 121 Variation: supplementary.
  157. 122 Regulations about schemes.
  158. 123 Guidance about schemes.
  159. 123A Franchising schemes
  160. 123B Assessment of proposed scheme
  161. 123C Notice of assessment
  162. 123D Report on assessment of proposed scheme
  163. 123E Consultation
  164. 123F Consultation document
  165. 123G Response to consultation
  166. 123H Making and publication of scheme
  167. 123I Postponement of local service contracts
  168. 123J Effect of local service contracts: registration requirements and provision of services
  169. 123K Local service contracts
  170. 123L Exceptions to section 123K
  171. 123M Variation of scheme
  172. 123MA Variation of scheme: supplementary
  173. 123N Revocation of scheme
  174. 123O Interim services and replacement services
  175. 123P Service permits
  176. 123Q Application for service permit
  177. 123R Conditions
  178. 123S Revocation and suspension
  179. 123T Appeals
  180. 123U Regulations about schemes
  181. 123V Transitional provision about schemes
  182. 123W Guidance about schemes
  183. 123X Local service contracts: application of TUPE
  184. 124 Quality contracts schemes.
  185. 125 Notice and consultation requirements.
  186. 126 Approval of proposed schemes for areas in Wales
  187. 126A Boards for proposed schemes for areas in England
  188. 126B Advice by boards or their Commissioners
  189. 126C Requests for boards to begin consideration etc of proposed schemes
  190. 126D Consideration of proposed schemes by boards
  191. 126E Practice and procedure of boards
  192. 127 Making of scheme.
  193. 127A Appeals against the making of schemes for areas in England
  194. 127B Powers of the Transport Tribunal on an appeal under section 127A
  195. 128 Postponement of scheme.
  196. 129 Effect of scheme.
  197. 130 Tendering for quality contracts.
  198. 131 Exceptions from section 130.
  199. 131A Continuation of schemes for further periods
  200. 131B Meaning of “exempt continuation proposal”
  201. 131C Continuation of schemes for areas in England: procedure
  202. 131D Continuation of schemes for areas in Wales: procedure
  203. 131E Appeals where proposed continuation considered exempt
  204. 131F Appeals where proposed continuation considered non-exempt
  205. 132 Variation or revocation of scheme.
  206. 132A Appeals where proposed variation considered exempt
  207. 132B Exemption from s.132 for specific variations directed by Tribunal
  208. 132C Power of authorities to provide services in exceptional circumstances
  209. 132D Period for which interim service may be provided
  210. 133 Regulations about schemes.
  211. 134 Transitional provision about schemes.
  212. 134A Guidance about schemes
  213. 134B Quality contracts: application of TUPE
  214. 134C Advanced ticketing schemes
  215. 134D Notice and consultation requirements
  216. 134E Making of scheme
  217. 134F Effect of scheme
  218. 134G Guidance
  219. 135 Joint and through ticketing schemes.
  220. 136 Notice and consultation requirements.
  221. 137 Making of scheme.
  222. 138 Effect of scheme.
  223. 138A Enhanced partnership plans and schemes
  224. 138B Further parties to a scheme
  225. 138C Requirements in respect of local services
  226. 138CA Requirements enabling travel by persons with disabilities
  227. 138D Facilities and measures
  228. 138E Provision relating to variation or revocation
  229. 138F Preparation, notice and consultation
  230. 138G Making of plans and schemes
  231. 138H Content of scheme
  232. 138I Postponement of scheme or part of scheme
  233. 138J Effect of plans and schemes
  234. 138K Variation
  235. 138KA Variation where scheme includes provision under section 138E
  236. 138L Variation: preparation, notice and consultation
  237. 138M Variation: making the variation
  238. 138N Variation: supplementary
  239. 138O Revocation
  240. 138P Regulations about plans and schemes
  241. 138Q Transitional provision about schemes
  242. 138R Guidance about plans and schemes
  243. 138S Application of TUPE
  244. 139 Information about bus services.
  245. 140 Duty of authority to make information available.
  246. 141 Bus information: supplementary.
  247. 141A Power to require provision of information about English bus services
  248. 142 Traffic regulation conditions to reduce or limit pollution.
  249. 143 Power to obtain information about local services.
  250. 143A Power to obtain information: franchising schemes
  251. 143B Power to obtain information about local services: enhanced partnership schemes
  252. 144 Civil penalties for bus lane contraventions.
  253. 144A Power of local transport authorities to make bus byelaws
  254. 144B Byelaws: procedure
  255. 144C Byelaws: copies and evidence
  256. 144D Powers of authorised persons in relation to byelaws
  257. 144E Fixed penalty notices
  258. 144F Training about crime and anti-social behaviour
  259. 144G Application of training requirement: services in Wales
  260. 145 Mandatory concessions outside Greater London.
  261. 145A England: mandatory concessions for journeys not beginning on the London bus network
  262. 145B Wales: mandatory concessions
  263. 146 Mandatory concessions: supplementary.
  264. 147 Wales: variation of mandatory concessions
  265. 148 Enforcement.
  266. 149 Reimbursement of operators.
  267. 150 Procedure for reimbursement arrangements determined by authority.
  268. 151 Concessions in Greater London.
  269. 151A Use of zero-emission vehicles for local services in England
  270. 152 Agreements providing for service subsidies.
  271. 153 Competition test: functions and agreements relating to buses
  272. 154 Grants to bus service operators.
  273. 154A Grants by local transport authorities in England
  274. 155 Sanctions
  275. 156 Non-metropolitan transport grants.
  276. 157 Grants to Integrated Transport Authorities , combined authorities and combined county authorities
  277. 158 Repayment of grants towards bus fuel duty.
  278. 159 Abolition of financial plans of Passenger Transport Executives.
  279. 160 Part II: regulations and orders.
  280. 161 Part II: minor and consequential amendments.
  281. 162 Interpretation of Part II.
  282. 163 Preliminary.
  283. 164 Local charging schemes.
  284. 165 Joint local charging schemes.
  285. 165A Joint local-ITA charging schemes
  286. 166 Joint local-London charging schemes.
  287. 166A Joint ITA-London charging schemes
  288. 167 Trunk road charging schemes.
  289. 168 Charging schemes to be made by order.
  290. 169 Confirmation of charging schemes.
  291. 170 Charging schemes: consultation and inquiries.
  292. 171 Matters to be dealt with in charging schemes.
  293. 172 Charging schemes: supplementary provision as to contents
  294. 172A Suspension of charging schemes
  295. 173 Penalty charges.
  296. 174 Examination, entry, search and seizure.
  297. 175 Immobilisation etc.
  298. 176 Equipment etc.
  299. 177 Traffic signs.
  300. 177A Power to require information
  301. 178 Preliminary.
  302. 179 Local licensing schemes.
  303. 180 Joint local licensing schemes.
  304. 181 Joint local-London licensing schemes.
  305. 182 Workplace parking places.
  306. 183 Licensing schemes to be made by order.
  307. 184 Confirmation of licensing schemes.
  308. 185 Licensing schemes: consultation and inquiries.
  309. 186 Matters to be dealt with in licensing schemes.
  310. 187 Licensing schemes: exemptions etc.
  311. 188 Licences.
  312. 189 Penalty charges.
  313. 190 Rights of entry.
  314. 191 Financial provisions about schemes.
  315. 192 Powers of authorities.
  316. 193 Guidance.
  317. 194 Information.
  318. 195 Determination of disputes, appeals and evidence.
  319. 196 Crown application.
  320. 197 Part III: regulations and orders.
  321. 198 Interpretation of Part III.
  322. 199 Amendments of Greater London Authority Act.
  323. 200 Exemption from local non-domestic rating.
  324. 201 The Authority.
  325. 202 Membership and chairing.
  326. 203 Other senior appointments.
  327. 204 Further provisions.
  328. 205 Purposes.
  329. 206 Strategies.
  330. 207 Manner of exercise of functions.
  331. 208 Directions, guidance and advice by Scottish Ministers.
  332. 209 Directions, guidance and advice: supplementary.
  333. 210 Validity of transactions.
  334. 211 Financial assistance etc.
  335. 212 Securing of services by franchising.
  336. 213 Limited additional powers to provide railway services.
  337. 214 Securing provision of substitute bus and taxi services.
  338. 215 Assumption of functions of Franchising Director.
  339. 216 Assumption of certain functions of the Office of Rail and Road.
  340. 217 Assumption of Board’s functions relating to transport police.
  341. 218 Functions relating to Board’s property.
  342. 219 Power to make bye-laws.
  343. 220 Power to make transfer schemes.
  344. 221 Power to promote and oppose Bills.
  345. 222 Other incidental powers.
  346. 223 Regulator’s power to require provision etc. of railway facilities.
  347. 224 Amendment of objectives.
  348. 225 Penalties.
  349. 226 Orders for securing compliance.
  350. 227 Renaming of committees.
  351. 228 Extension of functions.
  352. 229 Financial and procedural changes.
  353. 230 Regulator’s general approvals of access agreements etc.
  354. 231 Review of access charges by Regulator.
  355. 232 Amendment of access agreements.
  356. 233 Prospective facility owners, proposed facilities etc.
  357. 240 Transfer of Board’s property etc. to Secretary of State.
  358. 241 Winding down and abolition of Board.
  359. 242 Licence modifications following Competition Commission report.
  360. 243 Competition functions of Regulator.
  361. 244 Authority’s duty to continue Board’s practice of indexation.
  362. 245 Amendments of pension protection provisions.
  363. 246 Passenger Transport Executives.
  364. 247 Standards.
  365. 248 Substitute services to be suitable for disabled passengers.
  366. 249 Freight assistance by Scottish Ministers and Welsh Assembly.
  367. 250 Taxation of transfers.
  368. 251 Abolition of requirements for Treasury approval.
  369. 252 Part IV: minor and consequential amendments.
  370. 253 Part IV: transitionals and savings.
  371. 254 Interpretation of Part IV.
  372. 255 Charge for whole duration of works.
  373. 256 Charges where works unreasonably prolonged.
  374. 257 Compulsory driver training courses.
  375. 258 Register of approved instructors: destination of appeals.
  376. 259 Taking effect of decisions about instructors.
  377. 260 Training and instructors: minor and consequential amendments.
  378. 261 Increase of fine for breach of obligation to hold operator’s licence.
  379. 262 Detention of vehicle used without operator’s licence.
  380. 264 Type approval: individual exemptions.
  381. 265 Vehicles subject to regulation as private hire vehicles.
  382. 266 Power to prohibit driving of vehicle.
  383. 267 London service permits: appeals.
  384. 268 Quiet lanes and home zones.
  385. 270 School crossing patrols.
  386. 271 Stands etc. for bicycles or motor cycles.
  387. 272 Financial assistance for inland waterway and sea freight.
  388. 273 Offences: general.
  389. 274 Repeals and revocations.
  390. 275 Commencement.
  391. 276 Transitionals and savings.
  392. 277 Power to make amendments.
  393. 278 Financial provision.
  394. 279 Extent.
  395. 280 Short title.
  396. SCHEDULE A1 Appeals under section 19A
  397. SCHEDULE B1 Enforcement of duties under section 8 and licence conditions
  398. SCHEDULE C1 Information
  399. SCHEDULE 1 Air traffic administration orders: general
  400. SCHEDULE 2 Air traffic administration orders: schemes
  401. SCHEDULE 3 Air traffic administration orders: Northern Ireland
  402. SCHEDULE 4 Licence holders: land
  403. SCHEDULE 5 Licence holders as statutory undertakers
  404. SCHEDULE 6 Transfer schemes
  405. SCHEDULE 7 Transfer schemes: tax
  406. SCHEDULE 8 Amendments about air traffic
  407. SCHEDULE 9 Air traffic: information
  408. Schedule 9A Procedure for varying franchising scheme
  409. SCHEDULE 10 Competition test for exercise of bus functions
  410. SCHEDULE 11 Minor and consequential amendments about local transport
  411. SCHEDULE 12 Road user charging and workplace parking levy: financial provisions
  412. SCHEDULE 13 Amendments of Schedules 23 and 24 to Greater London Authority Act
  413. SCHEDULE 16 Transfer to SRA of Franchising Director’s functions
  414. SCHEDULE 17 Transfers to SRA from the Office of Rail and Road
  415. SCHEDULE 18 Transfer to SRA of BR’s functions relating to transport police
  416. SCHEDULE 19 Transfer to SRA of BR’s property etc
  417. SCHEDULE 20 SRA bye-laws
  418. SCHEDULE 21 Transfer schemes by SRA
  419. SCHEDULE 22 Renaming of rail users’ consultative committees
  420. SCHEDULE 23 Finances and procedures of rail users’ consultative committees
  421. SCHEDULE 24 Review of access charges by Regulator
  422. SCHEDULE 25 Transfer of BR’s property etc. to Secretary of State
  423. SCHEDULE 26 Transfers: tax
  424. SCHEDULE 27 Minor and consequential amendments about railways
  425. SCHEDULE 28 Transitionals and savings about railways
  426. SCHEDULE 29 Driver training and driving instructors: minor and consequential amendments
  427. SCHEDULE 30 Detention of vehicles used without operator’s licence
  428. SCHEDULE 31 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

428 provisions

106 The Crown: other provisions.

(1) No contravention by the Crown of a provision contained in or made under this Part shall make the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention. (2) Notwithstanding subsection (1), the provisions contained in or made under section 3(1), 93(7) or 94(5) apply to persons in the public service of the Crown as they apply to other persons. (3) However, section 3(1) does not apply if the services there mentioned are provided by or on behalf of the armed forces of the Crown; and the person to whom and aircraft for which the services are provided are immaterial. (4) Nothing in section 105 or this section affects Her Majesty in her private capacity; and this subsection must be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act.

Propose a change

107 Extension outside United Kingdom.

(1) Her Majesty may by Order in Council direct that any of the provisions listed in subsection (2) is to extend to any relevant overseas territory specified in the Order, with the modifications (if any) so specified. (2) The provisions are— (a) Chapter I; (b) Chapter II; (c) Chapter III; (d) Chapter IV; (e) sections 90 to 104 and Schedules 8 and 9; (f) section 273 so far as it relates to offences under this Part. (3) These are relevant overseas territories— (a) any of the Channel Islands; (b) the Isle of Man; (c) any colony. (4) In this section “modifications” includes additions, omissions and other alterations.

Propose a change

108 Local transport plans.

(1) Each local transport authority must— (a) develop policies for the promotion and encouragement of safe, integrated, efficient and economic transport ... to, from and within their area, and (b) carry out their functions so as to implement those policies. (2) In subsection (1), “transport” means — (a) the transport required to meet the needs of persons living or working in the authority’s area, or visiting or travelling through that area, and (b) the transport required for the transportation of freight; andincludes facilities and services for pedestrians. (2ZA) Each local transport authority whose area is in England must— (a) in developing policies in accordance with subsection (1)(a), and (b) in carrying out their functions in accordance with subsection (1)(b), comply with the duties set out in subsection (2ZB). (2ZB) The duties are— (a) to take into account any policies announced by Her Majesty's government, and (b) to have regard to any guidance issued for the purposes of this paragraph by the Secretary of State, with respect to mitigation of, or adaptation to, climate change or otherwise with respect to the protection or improvement of the environment. (2ZC) The power to issue guidance under subsection (2ZB)(b) does not affect the generality of the power to issue guidance under section 112(1). (2A) Each local transport authority whose area is in Wales must also— (a) develop policies for the implementation in their area of the Wales Transport Strategy, and (b) carry out their functions so as to implement those policies. (3) Each local transport authority whose area is in England must prepare a document to be known as (or two or more documents to be known together as) the local transport plan containing— (a) their policies under subsection (1)(a); (b) their proposals for the implementation of those policies. (3A) Each local transport authority whose area is in Wales must prepare a document to be known as the local transport plan containing— (a) their policies under subsection (1)(a), and (b) their policies under subsection (2A). (3B) A local transport authority whose area is in England must, in complying with the duty under subsection (1)(b), have regard to the proposals contained in their plan. (4) In this Part “local transport authority” means— (a) a county council in England, (b) a council of a non-metropolitan district in England comprised in an area for which there is no county council, (c) an Integrated Transport Authority for an integrated transport area in England, (ca) a combined authority, (cb) a combined county authority ..., or (d) a county council or county borough council in Wales. (4A) A county council or a council of a non-metropolitan district is not a local transport authority where— (a) the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and (b) the combined authority or combined county authority has completed its first full financial year. (4B) Where a local transport authority is a mayoral combined authority, the functions of the combined authority under this section are exercisable only by the mayor acting on behalf of the combined authority. (4C) Where a local transport authority is a mayoral CCA, the functions of the combined county authority under this section are exercisable only by the mayor acting on behalf of the combined county authority. (5) In this Part “local transport policies” means policies developed under subsection (1)(a).

Propose a change

109 Further provision about plans: England

(1) A local transport authority whose area is in England must keep their local transport plan under review and alter it if they consider it appropriate to do so. (2) The authority may replace their plan as they think fit. (2A) In preparing their local transport plan, and in keeping it under review, an authority other than an Integrated Transport Authority , a combined authority or a combined county authority must consult— (a) the Secretary of State in relation to functions which the Secretary of State has— (i) as highway authority by virtue of section 1 of the Highways Act 1980, or (ii) as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984, (b) if the local transport authority is a county council, the councils of the districts in the county (if any). (2B) In preparing their local transport plan, and in keeping it under review, an Integrated Transport Authority , a combined authority or a combined county authority must consult— (a) each local traffic authority (within the meaning of the Road Traffic Regulation Act 1984) for any area within the integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority or combined county authority, (b) the Secretary of State in relation to functions which the Secretary of State has— (i) as highway authority by virtue of section 1 of the Highways Act 1980, or (ii) as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984, (c) each county council and each district council for any area within the integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority or combined county authority. (2C) In preparing their local transport plan, and in keeping it under review, the authority must consult such of the following persons as they consider appropriate— (a) operators of any network or station, or of any railway services, in their area; (b) operators or providers of other transport services in their area, or organisations appearing to the authority to be representative of the interests of such persons; (c) organisations appearing to the authority to be representative of the interests of users of transport services and facilities in their area; and must also consult any other persons whom they consider appropriate. (2D) Any expression which is used in subsection (2C)(a) or (b) and in Part 1 of the Railways Act 1993 has the meaning given in that Part, taking “railway” to have its wider meaning (see section 81 of that Act). (3) As soon as practicable after any occasion when they prepare a new plan or alter their plan, the authority must— (a) publish the plan or the plan as altered in such manner as they think fit, and (b) send a copy of it to the Secretary of State ... and to such other persons (if any) as may be specified in guidance under section 112(1). (4) The authority must also— (a) cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit, (b) give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and (c) supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy. (4A) Where a local transport authority is a mayoral combined authority, the functions of the combined authority under this section are exercisable only by the mayor acting on behalf of the combined authority. (4B) Where a local transport authority is a mayoral CCA, the functions of the combined county authority under this section are exercisable only by the mayor acting on behalf of the combined county authority. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

109ZA Combined authorities and combined county authorities: adoption of local transport plans

(1) This section applies where a local transport authority is a combined authority or a combined county authority. (2) The local transport plan prepared by the authority in accordance with section 108, and any review or alteration to the plan, only becomes operative once it is adopted by the authority. (3) In the case of a non-mayoral combined authority or non-mayoral CCA, a resolution to adopt the strategy is to be made by a simple majority of the constituent members present and voting on that resolution at a meeting of the authority. (4) In the case of a mayoral combined authority or mayoral CCA, a resolution to adopt the strategy is to be made by a simple majority— (a) of the relevant members present and voting on that resolution at a meeting of the authority, (b) which includes the mayor, or the deputy mayor acting in place of the mayor. (5) But if— (a) the office of mayor is vacant, and (b) there is no deputy mayor, or the deputy mayor is unable to act in place of the mayor, the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority. (6) In the case of a resolution by a non-mayoral combined authority or non-mayoral CCA— (a) each constituent member has one vote; (b) in the case of a tied vote— (i) no person has a casting vote; and (ii) the authority must be regarded as having disagreed to the question that the decision should be made. (7) In the case of a resolution by a mayoral combined authority or mayoral CCA— (a) each relevant member has one vote; (b) in the event of a tied vote then (unless it is a case where subsection (5) applies), the mayor, or the deputy mayor acting in place of the mayor, has a casting vote (in addition to any other vote the mayor or deputy mayor may have). (8) In the case of a non-mayoral combined authority or non-mayoral CCA, the adoption of a local transport plan requires the consent of all constituent councils. (9) In this section— “constituent member”, in relation to a combined authority or combined county authority— means a person appointed by a constituent council to be a member of the authority; and also includes a person acting as a member of the authority in the absence of such a member; and here “constituent council” has the meaning given in section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 (in relation to a combined authority) or section 10(11) of the Levelling-up and Regeneration Act 2023 (in relation to a combined county authority); “relevant member” in relation to a mayoral combined authority or mayoral CCA means— a constituent member or the mayor, and also includes the deputy mayor acting in place of the mayor.

Propose a change

109A Approval of plans: Wales

(1) A local transport authority whose area is in Wales must submit their local transport plan to the National Assembly for Wales for its approval. (2) If the Assembly refuses to approve a plan submitted to it by a local transport authority under this section— (a) the Assembly must give the local transport authority a statement of the reasons for its refusal, and (b) the authority must prepare another local transport plan and submit the plan to the Assembly for its approval. (3) If the Assembly approves a local transport plan under this section, the plan has effect when the approval is given. (4) The Assembly may approve a local transport plan under this section if (but only if) it considers— (a) that the plan is consistent with the Wales Transport Strategy, and (b) that the policies contained in the plan are adequate for the implementation in the authority's area of the Strategy. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

109B Further provision about plans: Wales

(1) A local transport authority whose area is in Wales must keep their local transport plan under review and alter it if they consider it appropriate to do so. (2) The authority must in particular review the plan as soon as practicable after the publication of the Wales Transport Strategy or any revision of it. (3) The authority must replace their local transport plan not later than five years after the date on which the plan was approved under section 109A. (4) Section 109A applies to a replacement plan and a plan as altered as it applies to a plan as originally prepared. (5) A local transport authority whose area is in Wales shall be taken to have complied with subsection (3) if (but only if)— (a) the authority submit their replacement plan to the National Assembly for Wales for approval under section 109A before the end of the five year period mentioned in subsection (3), and (b) the Assembly approves the plan under section 109A (whether the approval is given before or after the end of that five year period). (6) If an authority fail to comply with subsection (3) because they fail to submit their replacement plan to the Assembly for approval under section 109A before the end of the five year period mentioned in that subsection, the authority must replace their local transport plan as soon as practicable after the expiry of the five year period. (7) If an authority fail to comply with subsection (3) because the Assembly refuses to approve a plan submitted to it under section 109A, the authority must replace their local transport plan as soon as practicable after the refusal. (8) As soon as practicable after their plan, or their plan as altered, has been approved under section 109A, a local transport authority whose area is in Wales must— (a) publish the plan or the plan as altered in such manner as they think fit, and (b) send a copy of it to such persons (if any) as may be specified in guidance under section 112(1). (9) The authority must also— (a) cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit, (b) give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and (c) supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

Propose a change

109C Transitional provisions: Wales

(1) Where a local transport authority whose area is in Wales have, before 1st August 2001, prepared and published a document which— (a) contains policies developed by them for the purposes described in section 108(1)(a), and (b) was prepared and published in accordance with guidance issued by the National Assembly for Wales, that document shall be taken to be the authority's local transport plan. (2) But, in the case of a document which is a local transport plan by virtue of subsection (1), section 109B(3) requires its replacement not later than such date as is specified in an order made by the National Assembly for Wales (rather than not later than five years after the date on which it was approved under section 109A). (3) For the purposes of section 109B(3), a local transport plan made before the coming into force of section 109A by a local transport authority whose area is in Wales shall be taken to have been approved under section 109A on the date on which it was made.

Propose a change

110 Bus strategies.

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

Propose a change

111 Consultation and publicity about bus strategies.

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

Propose a change

112 Plans and strategies: supplementary.

(1) In carrying out their functions under sections 108 to 109B, a local transport authority must have regard to any guidance concerning— (a) the content of local transport plans ..., (b) the preparation of such plans ..., (c) the alteration and replacement of such plans ..., and (d) the publication and making available of such plans ... as originally made and as altered or replaced, which is issued from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales). (2) In developing and implementing their policies under section 108(1) ..., a local transport authority must have regard to the transport needs of disabled persons (within the meaning of the Equality Act 2010) and of persons who are elderly or have mobility problems. (3) Where a local transport authority is a mayoral combined authority, references in this section to the local transport authority are to the mayor acting on behalf of the combined authority. (4) Where a local transport authority is a mayoral combined county authority, references in this section to the local transport authority are to the mayor acting on behalf of the combined county authority.

Propose a change

113 Role of councils in relation to policies etc of ITAs, combined authorities & CCAs

(1) A metropolitan district council that is within the area of an Integrated Transport Authority (the “ITA”)— (a) must carry out its functions so as to implement the policies developed by the ITA in accordance with section 108(1)(b); (b) must, in carrying out its functions in accordance with paragraph (a)— (i) comply with the duties set out in section 108(2ZB), and (ii) have regard to the proposals contained in the applicable local transport plan; (c) must— (i) cause a copy of the applicable local transport plan to be made available for inspection (at all reasonable hours) at such places as it thinks fit, (ii) give notice, by such means as it thinks expedient for bringing the applicable local transport plan to the attention of the public, as to the places at which a copy of it may be inspected, and (iii) supply a copy of the applicable local transport plan (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy. (2) A constituent council of a combined authority or a combined county authority— (a) must carry out its functions so as to implement the policies developed by the combined authority or combined county authority in accordance with section 108(1)(b); (b) must, in carrying out its functions in accordance with paragraph (a)— (i) comply with the duties set out in section 108(2ZB), and (ii) have regard to the proposals contained in the applicable local transport plan; (c) must— (i) cause a copy of the applicable local transport plan to be made available for inspection (at all reasonable hours) at such places as it thinks fit, (ii) give notice, by such means as it thinks expedient for bringing the applicable local transport plan to the attention of the public, as to the places at which a copy of it may be inspected, and (iii) supply a copy of the applicable local transport plan (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy. (3) In this section— “applicable local transport plan”— in relation to a metropolitan district council that is within the area of an Integrated Transport Authority, means the local transport plan of the ITA; in relation to a constituent council of a combined authority or combined county authority, means the local transport plan of that authority; “constituent council”— in relation to a combined authority, means— a county council the whole or any part of whose area is within the area of the authority, or a district council whose area is within the area of the authority; in relation to a combined county authority, means— a county council for an area within the area of the authority, or a unitary district council for an area within the area of the authority; and here “unitary district council” means a district council whose area does not form part of the area of a county council. (4) In any enactment, a reference— (a) to section 108(1)(b) includes subsection (2)(a) of this section; (b) to section 108(2ZA) includes subsection (2)(b)(i) of this section; (c) to section 108(3B) includes subsection (2)(b)(ii) of this section; (d) to section 109(4) includes subsection (2)(c) of this section.

Propose a change

113A Modification of provisions about plans and strategies: Wales

(1) The National Assembly for Wales may by order modify the application of sections 108 to 109B in relation to local transport authorities whose areas are in Wales for the purpose of— (a) permitting a local transport plan to be prepared in respect of part only of an authority's area; (b) permitting a local transport plan to be prepared by two or more authorities jointly in respect of an area comprising all or any part or parts of their areas. (2) An order under subsection (1) made for the purpose mentioned in subsection (1)(b) may in particular include provision for— (a) the plan to be prepared by one of the authorities concerned on behalf of both or all of them; (b) administrative arrangements, including the apportionment of the cost of preparing the plan between the authorities concerned. (3) Before making an order under subsection (1) the Assembly must consult the local transport authorities concerned and any other persons it considers appropriate.

Propose a change

113B Directions concerning plans and strategies: Wales

(1) The National Assembly for Wales may issue to a local transport authority whose area is in Wales general or specific directions as to the manner in which they are to carry out their functions under sections 108 to 109B . (2) Directions issued by the Assembly under subsection (1) may include in particular directions— (a) as to the timetable in accordance with which a local transport plan or alterations to a local transport plan must be prepared; (b) as to the action required to be taken to implement the policies contained in a local transport plan; (c) as to the steps required to be taken to remove the effects of action which is incompatible with those policies. (3) Directions under this section— (a) must be in writing; (b) may be varied or revoked by further directions under this section. (4) Before issuing, varying or revoking directions under this section the Assembly must consult the local transport authority concerned and any other persons it considers appropriate.

Propose a change

113BA Bus network accessibility plans

(1) A local transport authority whose area is in England must, before the end of the period of one year beginning with the day on which this section comes into force, publish a bus network accessibility plan in relation to the authority’s area. (2) A bus network accessibility plan must— (a) identify what (if any) provision is made to assist persons with disabilities to travel on local services that have one or more stopping places in the authority’s area; (b) set out the extent to which, in the authority’s opinion, the provision made in the authority’s area enables persons with disabilities to travel on such local services independently, and in safety and reasonable comfort; (c) describe what (if any) further action the authority intends to take to enable persons with disabilities to travel on such local services independently, and in safety and reasonable comfort. (3) The authority must review the plan— (a) if there is a substantial change to the provision of local services in the authority’s area, and (b) in any event, at least once every three years. (4) The authority must alter the plan— (a) following any review carried out as required by subsection (3)(a), or (b) if the authority considers it appropriate to do so for any other reason. (5) The authority may replace the plan as they think fit. (6) In preparing and reviewing a bus network accessibility plan, a local transport authority must consult— (a) persons operating local services in the authority’s area, (b) such persons with disabilities who are users or prospective users of local services, or such organisations appearing to the authority to represent such persons, as they think fit, and (c) any other persons whom the authority considers it appropriate to consult. (7) In this section “persons with disabilities” means persons who have a disability within the meaning given by section 6 of the Equality Act 2010.

Propose a change

113C Advanced quality partnership schemes

(1) A local transport authority whose area is in England, or two or more such authorities acting jointly, may make an advanced quality partnership scheme if they are satisfied that the scheme will contribute to the implementation of their local transport policies. (2) An advanced quality partnership scheme is— (a) a scheme falling within subsection (3) or (4), or (b) a scheme falling within both subsection (3) and subsection (4). (3) A scheme falls within this subsection if it is a scheme under which— (a) the authority or authorities provide particular facilities in the whole or part of their area, or combined area, and (b) operators of local services who wish to use those facilities must undertake to provide local services of a particular standard when using them. (4) A scheme falls within this subsection if it is a scheme under which— (a) the authority or authorities take particular measures in relation to routes in the whole or part of their area, or combined area, that are served, or proposed to be served, by local services, and (b) operators of local services who wish to provide local services with stopping places on those routes must undertake to provide local services of a particular standard when providing such local services on those routes. (5) A scheme may not be made unless the authority or authorities are satisfied that— (a) the steps to be taken by the authority or authorities under the scheme, and (b) the provision of local services of the standard or standards required by undertakings given under the scheme, are likely to achieve one or more of the outcomes described in subsection (6) in relation to the whole or part of their area, or combined area. (6) The outcomes mentioned in subsection (5) are— (a) an improvement in the quality of local services that benefits persons using those services; (b) a reduction or limitation of traffic congestion, noise or air pollution; (c) an increase in the use of local services or an end to, or a reduction in, a decline in the use of local services. (7) An advanced quality partnership scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 113G. (8) The power to make an advanced quality partnership scheme includes power to provide for— (a) different facilities to be provided under the scheme, (b) different measures to be taken under the scheme, or (c) different standards of services to be provided under the scheme, as from different dates after the scheme comes into operation. (9) An advanced quality partnership scheme must include a description of the authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working. (10) In carrying out their functions under this Part in relation to advanced quality partnership schemes, local transport authorities whose areas are in England must co-operate with one another. (11) In considering whether to make an advanced quality partnership scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.

Propose a change

113D Advanced quality partnership schemes: registration restrictions

(1) If the authority or authorities making an advanced quality partnership scheme consider that it is necessary or expedient for any restrictions to be imposed on the registration of— (a) any local services, or (b) any local services of a particular description, they may impose those restrictions (“registration restrictions”) by specifying or describing them in the scheme. (2) Any restrictions so imposed must be for the purpose of preventing or restricting— (a) the provision of local services, or (b) the variation or withdrawal of local services, in cases where the authority or authorities consider that any such provision, or (as the case may be) variation or withdrawal, of services might be detrimental to the provision of services under the scheme. (3) Where a scheme includes any registration restrictions by virtue of subsection (1), it must also specify the criteria (“registration criteria”) by reference to which a traffic commissioner is to decide whether or not to accept an application for registration. (4) In this section “registration”, in relation to any service— (a) means registration of prescribed particulars of the service under section 6 of the Transport Act 1985 (registration of local services), and (b) includes a reference to the variation or cancellation of any such registration.

Propose a change

113E Advanced quality partnership schemes: facilities, measures and standards

(1) The facilities which may be specified in an advanced quality partnership scheme— (a) must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but (b) may not be facilities which are required to be provided as a result of section 139 or 140. (2) The measures which may be specified in a scheme— (a) must be measures taken for the purpose of— (i) increasing the use of local services serving the routes to which the measures relate or ending or reducing a decline in the use of such services, or (ii) improving the quality of local services serving the routes to which the measures relate, but (b) may not include the provision of— (i) facilities falling within subsection (1)(a), or (ii) facilities which are required to be provided as a result of section 139 or 140. (3) The Secretary of State may by regulations make further provision about the measures which may or may not be specified in a scheme. (4) The standard of services which may be specified in a scheme includes— (a) requirements which the vehicles being used to provide the services must meet, including requirements about emissions or types of fuel or power, and (b) requirements as to frequency or timing of the services, but the specification of any such requirements is not to prevent operators from providing services in excess of those requirements. (5) The standard of services which may be specified in a scheme may also include— (a) requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the scheme applies, (b) requirements as to the ways in which passengers may pay for journeys, (c) requirements about providing information to the public about local services or particular descriptions of local services, and (d) requirements as to the publicising of local services, fares or ticketing arrangements or particular descriptions of local services, fares or ticketing arrangements. (6) Requirements under subsection (5)(b), (c) and (d) may include requirements for operators of local services to co-operate with one another. (7) A scheme may include a requirement falling within subsection (4)(b) or (5)(a) only if there are no admissible objections to the requirement from relevant operators. (8) A scheme may include a requirement falling within subsection (4)(a) or (5)(b) that relates to an undertaking that would fall to be given under section 113C(4)(b) only if there are no admissible objections to the requirement from relevant operators. (9) Section 113N(3) to (8) makes further provision with respect to schemes which include the requirements referred to in subsections (7) and (8).

Propose a change

113F Advanced quality partnership schemes: traffic regulation orders

(1) If the provision of any of the facilities or taking of any of the measures specified in an advanced quality partnership scheme requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State is the traffic authority), the scheme may not be made unless it is made by— (a) the local transport authority or authorities, and (b) the local highway authority for the district, acting jointly. (2) If the provision of any of the facilities or taking of any of the measures specified in an advanced quality partnership scheme requires the making of a traffic regulation order in respect of a road for which the Secretary of State is the traffic authority, the scheme may not be made unless it is made by— (a) the local transport authority or authorities, and (b) the Secretary of State, acting jointly. (3) Where subsection (1) or (2) applies so that a local highway authority or the Secretary of State is a maker of the scheme, then (subject to section 113M) the relevant references to the authority or authorities include (as well as the local transport authority or authorities)— (a) the local highway authority, or (b) the Secretary of State. (4) For the purpose of subsection (3) the relevant references are those in— (a) section 113C(3), (4), (5)(a) and (7), and (b) sections 113G to 113L, and paragraph 27(2A) of Schedule 9 to the Road Traffic Regulation Act 1984.

Propose a change

113G Notice and consultation requirements

(1) If an authority or authorities propose to make an advanced quality partnership scheme, they must give notice of the proposed scheme in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates. (2) The notice must either contain full details of— (a) any facilities specified in the scheme, (b) any measures specified in the scheme, (c) the standards of services specified in the scheme, (d) any registration restrictions and registration criteria specified in the scheme, and (e) the plans described in the scheme for consulting in order to seek views on how well the scheme is working, or state where such details may be inspected. (3) After giving notice of the proposed scheme, the authority or authorities must consult— (a) all operators of local services who would, in the opinion of the authority or authorities, be affected by it, (b) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit, (c) any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it, (d) a traffic commissioner, (e) the chief officer of police for each police area covering the whole or part of that area, (f) the Passengers' Council, (g) the Competition and Markets Authority, and (h) such other persons as the authority or authorities think fit. (4) For the purpose of subsection (3)(c) the following are relevant local authorities— (a) local transport authorities, (b) district councils in England, (c) National Park authorities, (d) the Broads Authority, (e) London transport authorities, and (f) councils in Scotland.

Propose a change

113H Making of scheme

(1) If, after taking the steps described in section 113G, an authority or authorities decide that it is appropriate to make the advanced quality partnership scheme, they may make it as proposed or with modifications. (2) The scheme must specify each of the following— (a) any facilities to be provided under it by the authority or authorities, (b) any measures to be taken under it by the authority or authorities and the routes to which they relate, (c) the standards of services to be provided under it by operators of local services in accordance with their undertakings given in relation to facilities or measures to be provided or taken under the scheme, (d) any registration restrictions imposed by it and any registration criteria specified in it, (e) the date on which it is to come into operation, (f) the period for which it is to remain in operation, which must not be less than five years, and (g) if— (i) any facilities are to be provided under the scheme, (ii) any measures are to be taken under the scheme, or (iii) any standards of services are to be provided under the scheme, as from a date after the scheme comes into operation, the date as from which they are to be so provided or taken. (3) The scheme may provide that— (a) local services specified in it, or (b) local services of a class specified in it, are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it. (4) The date as from which any particular facilities are to be provided, any particular measures are to be taken, or any services of a particular standard are to be provided, must not be earlier than— (a) in the case of facilities or measures, the latest of dates A to C (see subsections (6) to (8)), and (b) in the case of services, the later of dates A and D (see subsections (6) and (9)), unless the case falls within subsection (5). (5) If under the scheme— (a) particular facilities are to be provided or particular measures are to be taken by the authority or authorities, and (b) as from the date by which the facilities are to be provided or the measures are to be taken, services of a particular standard are to be provided by operators of local services when using the facilities or when providing local services with stopping places on routes to which the measures relate, the date as from which the facilities are to be provided or the measures are to be taken (and as from which the services are to be provided) must not be earlier than the latest of dates A to D. (6) Date A is the date 3 months after the date on which the scheme is made. (7) Date B is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for the authority or authorities to provide the facilities or take the measures. (8) Date C is the date 3 months after— (a) the date on which any traffic regulation order required for the provision of any of the facilities or taking of any of the measures is made, or (b) if more than one such order is required for the provision of the facilities or the taking of the measures, the date on which the last of them is made. (9) Date D is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for operators of local services to provide services of the particular standard. (10) Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of the making of the scheme— (a) in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates, (b) to all operators of local services who would, in their opinion, be affected by the scheme, and (c) to a traffic commissioner. (11) The notice must— (a) either contain full details of the scheme or state where such details may be inspected, and (b) if the scheme made is a modified version of that proposed, state that fact.

Propose a change

113I Postponement of scheme or of provision of particular facilities, taking of particular measures or provision of particular standards of service

(1) If it appears to the authority or authorities appropriate to do so, they may decide that any of the dates specified in subsection (3) shall be postponed by such period as they think fit. (2) A date may not be postponed under subsection (1) by a period or periods which in total exceed 12 months. (3) The dates are— (a) the date on which the scheme is to come into operation, (b) the date as from which any particular facilities are to be provided under the scheme, (c) the date as from which any particular measures are to be taken under the scheme, and (d) the date as from which any particular services are to be provided to a particular standard under the scheme. (4) Before making such a decision the authority or authorities must consult all operators of local services who would, in their opinion, be affected by the scheme. (5) Not later than 14 days after the date on which any such decision is made they must give notice of the decision— (a) in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates, (b) to all operators of local services who would, in their opinion, be affected by the scheme, and (c) to a traffic commissioner.

Propose a change

113J Effect of scheme

(1) The authority or authorities must— (a) provide each of the specified facilities or take each of the specified measures not later than the date specified for it to be provided or taken under the scheme, and (b) continue to provide the facilities or keep the measures in effect throughout the remainder of the period for which the scheme is in operation. (2) But subsection (1) does not apply in relation to any period during which the authority or authorities are temporarily unable to provide the facilities or take the measures or keep the measures in effect owing to circumstances beyond their control. (3) Nor does it apply in the case of the Secretary of State if the Secretary of State is unable to provide the facilities or take the measures or keep the measures in effect owing to the variation or revocation of a traffic regulation order. (4) The operator of a local service may not use facilities provided under an advanced quality partnership scheme unless— (a) the operator has given a written undertaking to a traffic commissioner that, when using the facilities on any date, the operator will provide the service to the standard specified in the scheme that is relevant to the use of those facilities on that date, and (b) the operator provides the service to that standard when using the facilities, except in relation to any period during which the operator is temporarily unable to do so owing to circumstances beyond the operator's control. (5) Where a measure has been taken under an advanced quality partnership scheme, the operator of a local service may not use a stopping place on a route to which that measure relates unless— (a) the operator has given a written undertaking to a traffic commissioner that, when using such a stopping place on any date, the operator will provide the service to the standard specified in the scheme that is relevant to the use of such a stopping place on that date, and (b) the operator provides the service to that standard when using such a stopping place, except in relation to any period during which the operator is temporarily unable to do so owing to circumstances beyond the operator's control. (6) But subsections (4) and (5) do not apply in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 113H(3). (7) Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars of the service concerned registered under section 6 of the Transport Act 1985 (registration of local services).

Propose a change

113K Regulations about schemes involving existing facilities or measures which are already in effect

(1) The Secretary of State may by regulations make provision about the specifying in advanced quality partnership schemes of— (a) facilities which are already being provided before the schemes are proposed (“existing facilities”), and (b) measures which are already in effect before the schemes are proposed (“existing measures”). (2) The regulations may in particular— (a) provide that existing facilities may not be specified if they were being provided before a date prescribed by, or determined in accordance with, the regulations, (b) provide that existing measures may not be specified if they were in effect before such a date, (c) provide that— (i) particular existing facilities or classes of existing facilities, or (ii) particular existing measures or classes of existing measures, may not be specified (whenever they were first provided or taken), (d) provide that— (i) particular existing facilities or classes of existing facilities, or (ii) particular existing measures or classes of existing measures, may be specified only in circumstances prescribed by the regulations, (e) provide that, in circumstances prescribed by the regulations— (i) particular existing facilities or classes of existing facilities, or (ii) particular existing measures or classes of existing measures, may be specified only with the consent of a person prescribed by, or determined in accordance with, the regulations, and (f) make provision modifying any provision of sections 113G to 113I in relation to schemes which specify existing facilities or existing measures.

Propose a change

113L Variation or revocation of schemes

(1) The authority or authorities who made an advanced quality partnership scheme may vary the scheme if they decide that it is appropriate to do so. (2) The authority or authorities who made a scheme may revoke it before the end of the period for which it would otherwise remain in operation if all persons who have given an undertaking to provide a service to the standard specified in the scheme consent to the revocation of the scheme; and such consent must not be unreasonably withheld. (3) If the variation of a scheme under subsection (1) would require the making of a traffic regulation order, the variation is subject to the same procedure as the making of a scheme. (4) Any other variation of a scheme under subsection (1), or the revocation of a scheme under subsection (2), is subject to that procedure, except to the extent that the procedure is modified by regulations made under section 113N.

Propose a change

113M Variation: supplementary

(1) The relevant references to the authority or authorities in relation to an advanced quality partnership scheme— (a) include a local transport authority if it has been varied so that it relates to that authority's area, but (b) do not include a local transport authority if it has been varied so that it no longer relates to that authority's area. (2) But if (although the scheme does not relate to a local transport authority's area) it would do by reason of a proposed variation, those references (apart from those in section 113J) include that authority. (3) The relevant references (apart from those in section 113C(1) and in the words before paragraph (a) of section 113C(5)) to the authority or authorities in relation to an advanced quality partnership scheme— (a) include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities or traffic regulation measures, but (b) do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities or measures. (4) But if (although the scheme does not specify facilities which are traffic regulation facilities in relation to a traffic regulation authority or measures which are traffic regulation measures in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references (apart from those in section 113J) include that authority. (5) And if (although the scheme specifies facilities which are traffic regulation facilities in relation to a traffic regulation authority or measures which are traffic regulation measures in relation to a traffic regulation authority)— (a) the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities or the taking of those measures has been revoked, and (b) the scheme is proposed to be varied (but not so that it specifies other facilities which are traffic regulation facilities in relation to that authority or other measures which are traffic regulation measures in relation to that authority), the relevant references (apart from those in section 113J) do not include that authority. (6) For the purposes of this section the relevant references are those in— (a) section 113C(1) to (7), (b) section 113D, and (c) sections 113G to 113L, and paragraph 27(2A) of Schedule 9 to the Road Traffic Regulation Act 1984. (7) In this section “traffic regulation authority” means— (a) a local highway authority, or (b) the Secretary of State. (8) For the purposes of this section— (a) facilities are traffic regulation facilities, in relation to a traffic regulation authority and an advanced quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so; (b) measures are traffic regulation measures, in relation to a traffic regulation authority and an advanced quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those measures or would have been required to be a maker of it had it done so.

Propose a change

113N Regulations about schemes

(1) The Secretary of State may by regulations make further provision with respect to— (a) the procedure to be followed when making, varying or revoking advanced quality partnership schemes, (b) the content or operation of schemes which include— (i) a requirement falling within section 113E(4)(b) or (5)(a), or (ii) a requirement falling within section 113E(4)(a) or (5)(b) relating to an undertaking that would fall to be given under section 113C(4)(b), (c) the local services or classes of local services which must be, or may be, excluded from schemes, (d) the conditions which must be, or may be, attached to such exclusions, (e) the form and manner in which undertakings are to be given to a traffic commissioner in connection with schemes, (f) the making of traffic regulation orders in connection with schemes, and (g) such other incidental matters in connection with advanced quality partnership schemes as the Secretary of State thinks fit. (2) The regulations may in particular make provision with respect to— (a) giving notice of proposed schemes or proposed variations or revocation of schemes, (b) objections to such proposals, (c) the holding of inquiries or hearings into objections, (d) modifications of such proposals, (e) the form of schemes or variations, and (f) giving notice of schemes which have been made or of the variation or revocation of schemes. (3) As regards schemes which include or would include— (a) a requirement described in subsection (1)(b)(i), or (b) a requirement described in subsection (1)(b)(ii), regulations under subsection (1)(a) or (b) may in particular make the provision referred to in subsection (4). (4) The provision mentioned in subsection (3) is provision— (a) for section 113E(7) or (8) not to apply in such circumstances as may be prescribed, (b) in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 113I, for any such requirement not to take effect unless prescribed conditions are satisfied, (c) as to the meaning of “admissible objection” for the purposes of section 113E(7) and (8) and subsection (5)(b) of this section, (d) as to the meaning of “relevant operator” for those purposes, and (e) as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator. (5) As regards schemes which include a requirement described in subsection (1)(b)(i), regulations under subsection (1)(b) may also make provision— (a) requiring such schemes to include provision— (i) as respects the setting of frequencies, timings or maximum fares to which the requirements relate, (ii) for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed, (iii) for a maximum interval before any such requirements must next be reviewed, (iv) as respects other circumstances in which any such requirements must or may be reviewed, and (v) as respects revision of any such requirements after a review, and (b) for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators. (6) The revision of requirements as to frequencies, timings or maximum fares under any provision included in a scheme by virtue of regulations under subsection (5)(a) is not to be regarded as a variation of the scheme for the purposes of section 113L (variation or revocation of schemes). (7) Nothing in subsection (5) or (6) is to be taken to derogate from what may be done under or by virtue of section 113L. (8) The provision that may be made by virtue of subsection (4)(e) includes provision for and in connection with— (a) the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph; (b) the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination; (c) the payment— (i) by the Secretary of State to an adjudicator, or (ii) by the Secretary of State or an adjudicator to an assessor, of such remuneration as may be determined by or in accordance with the regulations.

Propose a change

113O Guidance about schemes

(1) The Secretary of State may issue guidance concerning the carrying out by local transport authorities whose areas are in England and local highway authorities of their functions under this Part in relation to advanced quality partnership schemes. (2) Those authorities and councils must have regard to any such guidance.

Propose a change

114 Quality partnership schemes.

(1) A local transport authority, or two or more such authorities acting jointly, may make a quality partnership scheme if they are satisfied that the scheme will contribute to the implementation of their local transport policies (but this is subject to subsection (1A). (1A) A local transport authority whose area is in England may exercise the power to make a quality partnership scheme only if— (a) they are acting jointly with one or more other local transport authorities, and (b) at least one of those other local transport authorities is an authority whose area is in Wales. (2) A quality partnership scheme is a scheme under which— (a) the authority or authorities provide particular facilities in the whole or part of their area, or combined area, and (b) operators of local services who wish to use the facilities must undertake to provide local services of a particular standard when using them. (3) The authority or authorities must be satisfied that both the provision of those facilities and the provision of local services of that standard will— (a) bring benefits to persons using local services in the whole or any part of their area, or combined area, by improving the quality of those services, or (b) reduce or limit traffic congestion, noise or air pollution. (3A) If the authority or authorities consider that it is necessary or expedient for any restrictions to be imposed on the registration of— (a) any local services, or (b) any local services of a particular description, they may impose those restrictions (“registration restrictions”) by specifying or describing them in the scheme. (3B) Any restrictions so imposed must be for the purpose of preventing or restricting— (a) the provision of local services, or (b) the variation or withdrawal of local services, in cases where the authority or authorities consider that any such provision, or (as the case may be) variation or withdrawal, of services might be detrimental to the provision of services under the scheme. (3C) Where a scheme includes any registration restrictions by virtue of subsection (3A), it must also specify the criteria (“registration criteria”) by reference to which a traffic commissioner is to decide whether or not to accept an application for registration. (3D) In subsections (3A) to (3C) “registration”, in relation to any service,— (a) means registration of prescribed particulars of the service under section 6 of the Transport Act 1985 (registration of local services), and (b) includes a reference to the variation or cancellation of any such registration. (4) A quality partnership scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 115. (5) The facilities which may be specified in a scheme— (a) must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but (b) may not be facilities which are required to be provided as a result of section 139 or 140. (6) The standard of services which may be specified in a scheme includes— (a) requirements which the vehicles being used to provide the services must meet, and (b) requirements as to frequency or timing of the services, but the specification of any such requirements is not to prevent operators from providing services in excess of those requirements. (6A) The standard of services which may be specified in a scheme may also include requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the scheme applies. (6B) A scheme may include a requirement falling within subsection (6)(b) or (6A) only if there are no admissible objections to the requirement from relevant operators. Section 122(3) to (5) makes further provision with respect to such schemes. (6C) The power to make a quality partnership scheme includes power to provide for different facilities, or different standards of services, to be provided under the scheme as from different dates after the scheme comes into operation. (7) If the provision of any of the facilities requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State or the National Assembly for Wales is the traffic authority), the scheme may not be made unless it is made by— (a) the local transport authority or authorities, and (b) the local highway authority for the local authority area, acting jointly. (8) If the provision of any of the facilities requires the making of a traffic regulation order in respect of a road for which the Secretary of State or the National Assembly for Wales is the traffic authority, the scheme may not be made unless it is made by— (a) the local transport authority or authorities, and (b) the Secretary of State or the National Assembly for Wales, acting jointly. (9) Where subsection (7) or (8) applies so that a metropolitan district council, the Secretary of State or the National Assembly for Wales is a maker of the scheme, then (subject to section 121) the relevant references to the authority or authorities include (as well as the local transport authority or authorities) the metropolitan district council, the Secretary of State or the National Assembly for Wales. (10) For the purpose of subsection (9) the relevant references are those in— (a) subsections (2) and (4), (b) sections 115 to 120, and (c) section 127(7), and paragraph 27(3) of Schedule 9 to the Road Traffic Regulation Act 1984. (11) In carrying out their functions under this Part in relation to quality partnership schemes, local transport authorities must co-operate with one another. (12) In considering whether to make a quality partnership scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.

Propose a change

115 Notice and consultation requirements.

(1) If an authority or authorities propose to make a quality partnership scheme, they must give notice of the proposed scheme in at least one newspaper circulating in the area to which it relates. (2) The notice must either contain full details of the facilities and standards of services , and of any registration restrictions and registration criteria, or state where such details may be inspected. (3) After giving notice of the proposed scheme, the authority or authorities must consult— (a) all operators of local services who would, in the opinion of the authority or authorities, be affected by it, (b) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit, (c) any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it, (d) a traffic commissioner, (e) the chief officer of police for each police area covering the whole or part of that area, and (f) such other persons as the authority or authorities think fit. (4) For the purpose of subsection (3)(c) the following are relevant local authorities— (a) local transport authorities, (b) district councils in England, (c) London transport authorities, and (d) councils in Scotland.

Propose a change

116 Making of scheme.

(1) If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications. (2) The scheme must specify each of the following— (a) the facilities to be provided under it by the authority or authorities, (b) the standard of services to be provided under it by operators of local services, (bb) any registration restrictions imposed by it and any registration criteria specified in it, (c) the date on which it is to come into operation, ... (d) the period for which it is to remain in operation, which must not be less than five years. (e) if any facilities or standards of services are to be provided under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so provided. (3) The scheme may provide that— (a) local services specified in it, or (b) local services of a class specified in it, are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it. (4) The date as from which any particular facilities, or any services of a particular standard, are to be provided must not be earlier than— (a) in the case of facilities, the latest of dates A to C (see subsections (4B) to (4D)), (b) in the case of services, the later of dates A and D (see subsections (4B) and (4E)), unless the case falls within subsection (4A). (4A) If under the scheme— (a) particular facilities are to be provided by the authority or authorities, and (b) as from the date by which the facilities are to be provided, services of a particular standard are to be provided by operators of local services when using the facilities, the date as from which the facilities and the services are to be provided must not be earlier than the latest of dates A to D. (4B) Date A is the date 3 months after the date on which the scheme is made. (4C) Date B is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for the authority or authorities to provide the facilities. (4D) Date C is the date 3 months after— (a) the date on which any traffic regulation order required for the provision of any of the facilities is made, or (b) if more than one such order is required for their provision, the date on which the last of them is made. (4E) Date D is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for operators of local services to provide services of the particular standard. (6) Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice— (a) in at least one newspaper circulating in the area to which the scheme relates, ... (b) to all operators of local services who would, in the opinion of the authority or authorities, be affected by the scheme , and (c) to a traffic commissioner (7) The notice must— (a) either contain full details of the scheme or state where such details may be inspected, and (b) if the scheme made is a modified version of that proposed, state that fact.

Propose a change

117 Postponement of scheme or of provision of particular facilities or standards of service

(1) If it appears to the authority or authorities appropriate to do so, they may decide that any of the dates specified in subsection (1A) shall be postponed by such period as they think fit. A date may not be postponed under this subsection by a period or periods which in total exceed 12 months. (1A) The dates are— (a) the date on which the scheme is to come into operation, (b) the date as from which any particular facilities are to be provided under the scheme, (c) the date as from which any particular services are to be provided to a particular standard under the scheme. (2) Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the scheme. (3) Not later than 14 days after the date on which any such decision is made they must give notice of the decision— (a) in at least one newspaper circulating in the area to which the scheme relates, ... (b) to all operators of local services who would, in their opinion, be affected by the scheme , and (c) to a traffic commissioner

Propose a change

118 Effect of scheme.

(1) The authority or authorities must— (a) provide each of the specified facilities not later than the date specified for its provision under the scheme, and (b) continue to provide it throughout the remainder of the period for which the scheme is in operation. (2) But subsection (1) does not apply in relation to any period during which the authority or authorities are temporarily unable to provide the facilities owing to circumstances beyond their control. (3) Nor does it apply in the case of the Secretary of State or the National Assembly for Wales if he or it is unable to provide the facilities owing to the variation or revocation of a traffic regulation order. (4) The operator of a local service may not use facilities provided under a quality partnership scheme unless— (a) he has given a written undertaking to a traffic commissioner that, when using the facilities on any date, he will provide the service to the standard specified in the scheme as it has effect in relation to that date, and (b) he provides the service to that standard when using the facilities, except in relation to any period during which he is temporarily unable to do so owing to circumstances beyond his control. (5) But subsection (4) does not apply in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 116(3). (6) Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the Transport Act 1985 (registration of local services) of the service concerned.

Propose a change

119 Regulations about schemes involving existing facilities.

(1) The appropriate national authority may by regulations make provision about the specifying in quality partnership schemes of facilities which are already being provided before the schemes are proposed (“existing facilities”). (2) The regulations may in particular— (a) provide that existing facilities may not be specified if they were being provided before a date prescribed by, or determined in accordance with, the regulations, (b) provide that particular existing facilities or classes of existing facilities may not be specified (whenever they were first provided), (c) provide that particular existing facilities or classes of existing facilities may be specified only in circumstances prescribed by the regulations, (d) provide that, in circumstances prescribed by the regulations, particular existing facilities or classes of existing facilities may be specified only with the consent of a person prescribed by, or determined in accordance with, the regulations, and (e) make provision modifying any provision of sections 115 to 117 in relation to schemes which specify existing facilities.

Propose a change

120 Variation or revocation of schemes.

(1) The authority or authorities who made a quality partnership scheme may vary the scheme if they decide that it is appropriate to do so. (2) The authority or authorities who made a scheme may revoke it before the end of the period for which it would otherwise remain in operation if all persons who have given an undertaking to provide a service to the standard specified in the scheme consent to the revocation of the scheme; and such consent must not be unreasonably withheld. (3) If the variation of a scheme under subsection (1) would require the making of a traffic regulation order, the variation is subject to the same procedure as the making of a scheme. (4) Any other variation of a scheme under subsection (1), or the revocation of a scheme under subsection (2), is subject to that procedure, except to the extent that the procedure is modified by regulations made under section 122.

Propose a change

121 Variation: supplementary.

(1) The relevant references to the authority or authorities in relation to a quality partnership scheme— (a) include a local transport authority if it has been varied so that it relates to that authority’s area, but (b) do not include a local transport authority if it has been varied so that it no longer relates to that authority’s area. (2) But if (although the scheme does not relate to a local transport authority’s area) it would do by reason of a proposed variation, those references (apart from those in section 118) include that authority. (3) The relevant references (apart from those in section 114(1) and (3)) to the authority or authorities in relation to a quality partnership scheme— (a) include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities, but (b) do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities. (4) But if (although the scheme does not specify facilities which are traffic regulation facilities in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references (apart from those in section 118) include that authority. (5) And if (although the scheme specifies facilities which are traffic regulation facilities in relation to a traffic regulation authority)— (a) the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities has been revoked, and (b) the scheme is proposed to be varied (but not so that it specifies other facilities which are traffic regulation facilities in relation to that authority), the relevant references (apart from those in section 118) do not include that authority. (6) For the purposes of this section the relevant references are those in— (a) section 114(1) to (4), (b) sections 115 to 120, and (c) section 127(7), and paragraph 27(3) of Schedule 9 to the Road Traffic Regulation Act 1984. (7) In this section “traffic regulation authority” means— (a) a local highway authority, (b) the Secretary of State, or (c) the National Assembly for Wales. (8) For the purposes of this section facilities are traffic regulation facilities, in relation to a traffic regulation authority and a quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so.

Propose a change

122 Regulations about schemes.

(1) The appropriate national authority may by regulations make further provision with respect to— (a) the procedure to be followed when making, varying or revoking quality partnership schemes, (aa) the content or operation of schemes which include a requirement falling within section 114(6)(b) or (6A), (b) the local services or classes of local services which must be, or may be, excluded from schemes, (c) the conditions which must be, or may be, attached to such exclusions, (d) the form and manner in which undertakings are to be given to a traffic commissioner in connection with schemes, (e) the making of traffic regulation orders in connection with schemes, and (f) such other incidental matters in connection with quality partnership schemes as the appropriate national authority thinks fit. (2) The regulations may in particular make provision with respect to— (a) giving notice of proposed schemes or proposed variations or revocation of schemes, (b) objections to such proposals, (c) the holding of inquiries or hearings into objections, (d) modifications of such proposals, (e) the form of schemes or variations, and (f) giving notice of schemes which have been made or of the variation or revocation of schemes. (3) As regards schemes which include any requirement mentioned in section 114(6)(b) or (6A), regulations under subsection (1)(a) or (aa) may in particular make provision— (a) for section 114(6B) not to apply in such circumstances as may be prescribed, (b) requiring such schemes to include provision falling within subsection (4), (c) for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators, (d) in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 117, for any such requirement not to take effect unless prescribed conditions are satisfied, (e) as to the meaning of “admissible objection” for the purposes of section 114(6B) and paragraph (c) of this subsection, (f) as to the meaning of “relevant operator” for those purposes, (g) as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator. (4) The provision referred to in subsection (3)(b) is provision— (a) as respects the setting of frequencies, timings or maximum fares to which the requirements relate, (b) for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed, (c) for a maximum interval before any such requirements must next be reviewed, (d) as respects other circumstances in which any such requirements must or may be reviewed, (e) as respects revision of any such requirements after a review. (5) Subsections (3)(b) and (4) have effect subject to, and in accordance with, the following provisions— (a) the revision of requirements as to frequencies, timings or maximum fares under any provision made in accordance with those subsections is not to be regarded as a variation of the scheme for the purposes of section 120 (variation or revocation of scheme), but (b) nothing in those subsections or in paragraph (a) of this subsection shall be taken to derogate from what may be done under or by virtue of that section. (6) The provision that may be made by virtue of subsection (3)(g) includes provision for and in connection with— (a) the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph; (b) the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination; (c) the payment— (i) by the appropriate national authority to an adjudicator, or (ii) by the appropriate national authority or an adjudicator to an assessor, of such remuneration as may be determined by or in accordance with the regulations.

Propose a change

123 Guidance about schemes.

(1) The appropriate national authority may issue guidance concerning the carrying out by local transport authorities and local highway authorities of their functions under this Part in relation to quality partnership schemes. (2) Those authorities and councils must have regard to any such guidance.

Propose a change

123A Franchising schemes

(1) A franchising authority, or two or more franchising authorities acting jointly, may make a franchising scheme covering the whole or any part of their area, or their combined area. (2) A franchising scheme may not be made unless the franchising authority or authorities have complied with the requirements in sections 123B to 123G. (3) A franchising scheme is a scheme— (a) under which the authority or authorities identify the local services that they consider appropriate to be provided in an area under local service contracts, (b) by virtue of which those local services may only be provided in that area in accordance with local service contracts (subject to section 123O), (c) by virtue of which the authority or authorities may grant service permits for other local services which have a stopping place in that area (subject to section 123H(5)), and (d) under which the authority or authorities identify additional facilities that they consider appropriate to provide in that area. (4) In this Part “franchising authority” means a local transport authority whose area is in England. (5) In this Part “local service contract”, in relation to a franchising scheme, means an agreement that complies with section 123K(1) to (3) under which— (a) the franchising authority or authorities grant to another person the exclusive right to operate the local services to which the contract relates, and (b) the person undertakes to provide the local services on such terms (including in particular as to frequency, fares and standard of service) as may be specified in the agreement. (6) The terms as to standard of service that may be specified include terms about requirements which vehicles being used to provide the service must meet, including requirements about emissions or types of fuel or power. (7) A local service contract may be made on terms which include provision for the making of payments by the authority or authorities to the person undertaking to provide the local service. (8) Section 88(1) of the Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) does not apply in relation to local service contracts. (9) A franchising scheme must include a description of the franchising authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working. (10) A franchising authority's functions under this Part in relation to a franchising scheme are excluded from the functions to which section 101(1)(b) of the Local Government Act 1972 applies, where the franchising authority is a local authority within the meaning of section 101 of the Local Government Act 1972.

Propose a change

123B Assessment of proposed scheme

(1) A franchising authority or authorities that propose to make a franchising scheme covering the whole or any part of their area, or combined area, must prepare an assessment of the proposed scheme. (2) The assessment must— (a) describe the effects that the proposed scheme is likely to produce, and (b) compare making the proposed scheme to one or more other courses of action. (3) The assessment must also include consideration of— (a) whether the proposed scheme would contribute to the implementation of— (i) the authority's or authorities' policies under section 108(1)(a), and (ii) other policies affecting local services that the authority or authorities have adopted and published, (b) whether the proposed scheme would contribute to the implementation— (i) by neighbouring local transport authorities of those authorities’ policies under section 108(1)(a), and (ii) by neighbouring relevant local authorities of other policies affecting local services that those authorities have adopted and published, (c) how the authority or authorities would make and operate the proposed scheme, (d) whether the authority or authorities would be able to afford to make and operate the scheme, (e) whether the proposed scheme would represent value for money, and (f) the extent to which the authority or authorities are likely to be able to secure that local services are operated under local service contracts. (4) Subsections (2) and (3) do not prevent inclusion of other matters. (5) The Secretary of State must issue guidance concerning the preparation of an assessment under this section, and that guidance may, in particular, include guidance about methods to be used when assessing a proposed scheme. (6) Franchising authorities must have regard to any such guidance. (7) In this section “relevant local authority” means— (a) a local transport authority, (b) a London transport authority, ... (ba) a Transport Partnership created under the Transport (Scotland) Act 2005, or. (c) a council in Scotland.

Propose a change

← Find another law