(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.
(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.
(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).
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(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.
(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.
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.
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.
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.
(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.
(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.
(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.
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).
(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.
(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.
(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.
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.
(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).
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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
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
(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.
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.
(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.
(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.
(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.
(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.
(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.
(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.