Transport (Scotland) Act 2001

23 Variation or revocation of quality contract scheme

(1) Subject to subsections (5) and (6) below, a local transport authority who made a quality contract scheme may vary it by—

(a) increasing, to no greater than the whole of their area, the area to which it relates;

(b) adding to the description of local services which are to be provided under quality contracts;

(c) reducing the area to which it relates;

(d) reducing the description of services which are to be provided under quality contracts;

(e) postponing any date specified in the scheme as a date on which the scheme would, in so far as it relates to any local service included in it, otherwise come into operation; or

(f) providing for new exclusions from the scheme or for the variation or revocation of existing exclusions.

(2) A scheme may not be varied under subsection (1)(a) or (b) above unless the conditions set out in paragraphs (a) and (b) of section 13(1) of this Act (in this section referred to as the “relevant conditions”) are met with respect to the scheme as varied.

(3) A scheme may not be varied under subsection (1)(c) or (d) above unless—

(a) either of the relevant conditions is no longer met with respect to it; and

(b) both of those conditions are met with respect to the scheme as varied.

(4) Subject to subsections (5) and (6) below, the authority who made a scheme (or, where a scheme was made by two or more authorities, one of them) may revoke it—

(a) if either of the relevant conditions is no longer met with respect to it; or

(b) if the authority (or one of them) make (or make jointly with one or more other authorities) a quality contract scheme covering such part of their area as was covered by the scheme being revoked.

(5) An authority may not, unless they have obtained the approval of the Scottish Ministers to their proposal for a variation or revocation of a scheme under subsection (1) or (4) above, vary or revoke the scheme.

(6) Where the Scottish Ministers have approved a proposed variation or revocation of a scheme, section 17 of this Act shall apply to that variation or revocation as that section applies to the making of a scheme but subject to such modifications as the Scottish Ministers may by regulations specify.

(7) The Scottish Ministers may by regulations provide that in such circumstances as may be prescribed quality contract schemes may be revoked by them before coming into operation.