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Transport (Scotland) Act 2001

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8 Effect of quality partnership schemeS

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(1)Subject to subsections (2) and (3) below, a local transport authority shall, during such periods as may be specified in the quality partnership scheme, provide such of the specified facilities as are to be provided by them under the scheme.

(2)Subsection (1) above shall not apply in relation to any period during which the authority are temporarily unable to provide the facilities owing to circumstances beyond their control.

(3)Subsection (1) above shall not apply in the case of the Secretary of State or, as the case may be, the Scottish Ministers if the Secretary of State is, or the Scottish Ministers are, 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 the specified facilities unless the operator—

(a)has given a written undertaking to the traffic commissioner that the operator will, except in circumstances beyond the operator’s control, provide, during such periods as may be specified in the scheme, the local service to the specified standard when using the facilities; and

(b)provides the service to that standard when using the facilities.

(5)Any undertaking given under subsection (4)(a) above shall be treated, during any period when the relevant scheme is in operation, as if it were prescribed particulars registered under section 6 of the 1985 Act (registration of local services) of the service concerned.

(6)Subsection (4) above shall not apply in relation to services which are excluded from the scheme by virtue of section 6(3) of this Act.

(7)Where conditions are specified by virtue of section 6(3) of this Act, those conditions shall be treated, during any period when the scheme is in operation, as if they were prescribed particulars registered under section 6 of the 1985 Act of the service concerned.

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