Transport (Scotland) Act 2001

[F1 13O Approval to vary or revoke franchising frameworks S

(1) This section applies where the traffic commissioner has received a request to convene a panel under section 13N(2)(a).

(2) The traffic commissioner must—

(a) give notice of the local transport authority's application to vary or revoke the proposed framework in such manner as the commissioner considers appropriate for bringing the notice to the attention of persons in the area of the authority,

(b) appoint three persons to form a panel to decide whether or not to approve the proposed variation or revocation of the franchising framework,

(c) provide the panel with the application provided to it under section 13N(2)(b),

(d) provide the panel with any representations made to the commissioner in connection with the application.

(3) A notice given under subsection (2)(a) must state—

(a) that representations may be made to the traffic commissioner in relation to the proposed variation or revocation, and

(b) the period within which such representations may be made.

(4) Where the application is to vary the framework, the panel may decide—

(a) to approve the proposed variation,

(b) to approve the proposed variation of the framework subject to the local transport authority making such modifications to the framework as it is proposed to be varied as the panel may specify, or

(c) not to approve the proposed variation.

(5) Where the application is to revoke the framework, the panel may decide—

(a) to approve the revocation,

(b) to approve the revocation subject to the local transport authority taking such further action before revoking the framework as the panel may specify in its decision, or

(c) not to approve the revocation.

(6) In making its decision under subsection (4) or, as the case may, be (5), the panel must consider whether the local transport authority have reached a reasonable conclusion in deciding to vary or revoke the framework.

(7) Where the panel has approved the variation or revocation of a framework, section 13K applies to that variation or revocation as it applies to the making of a framework.]

Textual Amendments

F1 Pt. 2 Ch. 2 substituted for ss. 13-27 and cross-heading (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), ss. 38(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.

Modifications etc. (not altering text)

C1 Ss. 13A-13S: functions exercisable concurrently (5.6.2024) by The Transport Partnerships (Transfer of Functions) (Scotland) Order 2024 (S.S.I. 2024/161), arts. 1(1), 2-5