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Part IIE+W Local transport

Modifications etc. (not altering text)

C1Pt. 2: power to amend conferred (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 9(1)(2), 10(1)(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)

Bus services: quality contracts schemesE+W

124 Quality contracts schemes.E+W

(1)A local transport authority, or two or more such authorities acting jointly, may make a quality contracts scheme covering the whole or any part of their area, or combined area, if they are satisfied that—

(a)making a quality contracts scheme is the only practicable way of implementing the policies set out in their bus strategy or strategies in the area to which the proposed scheme relates, and

(b)the proposed scheme will implement those policies in a way which is economic, efficient and effective.

[F1(1A)[F2An Integrated Transport Authority], or [F3an Integrated Transport Authority] jointly with one or more other local transport authorities, may also make a quality contracts scheme covering the whole or part of their area or combined area if they are satisfied—

(a)that making a quality contracts scheme is an appropriate way of securing that the transport needs of the potential users of a relevant railway service that has been or is to be reduced or discontinued are met;

(b)that the making of the scheme will contribute, in an appropriate way, to meeting the transport needs of other persons living, working or studying in the localities served by that service;

(c)that the scheme is compatible with the [F4local transport policies] of [F5the Integrated Transport Authority] who make the scheme or (as the case may be) of each of the authorities who join in making the scheme; and

(d)that the scheme will meet the needs of the persons mentioned in paragraphs (a) and (b) in a way which is economic, efficient and effective.

(1B)A local transport authority may join in making a scheme under subsection (1A) by reference to the reduction or discontinuance of a railway passenger service only if—

(a)they are the [F6Integrated Transport Authority], or one of the [F7Integrated Transport Authorities], by reference to which that service is a relevant railway service in relation to the scheme;

(b)the relevant railway service by reference to which the scheme is made is or was operating in the authority's area; or

(c)the persons who live, work or study in localities served by that service include persons living, working or studying in that area.]

(2)A quality contracts scheme may not be made unless the authority or authorities—

(a)have complied with the notice and consultation requirements imposed by section 125, and

(b)have obtained the approval of the appropriate national authority in accordance with section 126.

(3)A quality contracts scheme is a scheme under which—

(a)the authority or authorities determine what local services should be provided in the area to which the scheme relates and any additional facilities or services which should be provided in that area, and

(b)local services may only be provided in that area in accordance with quality contracts (subject to section 127(4)).

(4)In this Part “quality contract”, in relation to a quality contracts scheme, means an agreement entered into under section 130 or 131 under which—

(a)the authority or authorities grant to another person the exclusive right to operate the local services to which the contract relates, and

(b)that person undertakes to provide the services on such terms (including in particular as to frequency, fares and standard of service) as may be specified in the agreement.

(5)A quality contract may be made on terms—

(a)which include provision for the making of payments by the authority or authorities to the person undertaking to provide the local service, and

(b)requiring one or more of the parties to provide additional facilities or services.

(6)Section 88(1) of the M1Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) does not apply in relation to quality contracts.

(7)The authority or authorities must keep under review the extent to which quality contracts entered into by them are complied with.

(8)In carrying out their functions under this Part in relation to quality contracts schemes, local transport authorities must co-operate with one another.

(9)In considering whether to make a quality contracts scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.

F8[F9(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)In this section “relevant railway service”—

(a)in relation to a scheme made by a single [F10Integrated Transport Authority] acting alone, means—

(i)a railway passenger service operating entirely within the area of that Authority; or

(ii)the part of a railway passenger service so operating;

(b)in relation to a scheme made jointly by more than one local transport authority, means—

(i)a railway passenger service operating wholly or primarily within the area of [F11an Integrated Transport Authority] who join in making the scheme;

(ii)a railway passenger service operating wholly or primarily within the combined area of two or more [F12Integrated Transport Authorities] who join in making the scheme; or

(iii)the part of a railway passenger service operating as mentioned in sub-paragraph (i) or (ii).

(12)In this section—

“potential users”, in relation to a relevant railway service, means persons who (but for the reduction or discontinuance of the service) would have made use of it; and

“railway passenger service” has the same meaning as in the Railways Act 1993 (c. 43) (see section 83(1) of that Act).

(13)For the purposes of references in this section to where a railway passenger service or part of such a service operates—

(a)a service shall be treated as operating at each of the places where stops are made at stations for the purpose of allowing passengers to join or leave the service; and

(b)a part of a service is any part of that service so far as it operates at any one or more of those places.]

Textual Amendments

F1S. 124(1A)(1B) inserted (1.12.2006) by Railways Act 2005 (c. 14), ss. 39(1), 60(2); S.I. 2006/2911, art. 2, Sch.

F4Words in s. 124(1A)(c) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 2(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)

F9S. 124(10)-(13) inserted (1.12.2006) by Railways Act 2005 (c. 14), ss. 39(2), 60(2); S.I. 2006/2911, art. 2, Sch.

Modifications etc. (not altering text)

Commencement Information

I1S. 124 partly in force; s. 124 not in force at Royal Assent see s. 275(1)(2); s. 124 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 3; s. 124 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

Marginal Citations