The Corporate Joint Committees (Transport Functions) (Wales) Regulations 2021

SCHEDULE

Modification of the Transport Act 2000

1.  In so far as it applies as mentioned in regulation 3, Part 2 of the 2000 Act is to be read as if modified as follows.

2.  Section 108 (local transport plans) is to be read as if—

(a) for subsection (1) there were substituted—

“(1) A corporate joint committee must develop policies, to be implemented under subsection (1A), for the promotion and encouragement of safe, integrated, efficient and economic transport to, from and within its area.”;

(b) after subsection (1) there were inserted—

“(1A) Each local transport authority in Wales whose area falls within the area of a corporate joint committee must carry out their functions so as to implement the policies developed by the corporate joint committee under subsection (1).”;

(c) for subsection (2A) there were substituted—

“(2A) A corporate joint committee must also develop policies for the implementation by the local transport authorities in its area of the Wales Transport Strategy.”;

(d) after subsection (2A) there were inserted—

“(2B) Each local transport authority in Wales whose area falls within the area of a corporate joint committee must carry out their functions so as to implement the policies developed under subsection (2A).”;

(e) for subsection (3A) there were substituted—

“(3A) A corporate joint committee must prepare a document to be known as the regional transport plan containing its policies under subsections (1) and (2A).”;

(f) for subsection (5) there were substituted—

“(5) In this Part “local transport policies”, in relation to a local transport authority, means policies developed under subsection (1) in so far as they relate to the authority’s area.”;

(g) after subsection (5) there were inserted—

“(6) In this Part—

(a) “corporate joint committee” means a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021, and

(b) a reference to an area of a corporate joint committee is a reference to the area comprising—

(i) the areas of the local transport authorities that made a joint committee application under section 72(1) of that Act for regulations to be made under that section establishing the corporate joint committee, or

(ii) the relevant areas (within the meaning given by section 74(1) of that Act) specified in the regulations establishing the corporate joint committee.”;

(h) the heading of the section were “Local and Regional Transport Plans”.

3.  For section 109A there were substituted—

“109A    Approval of regional plan

(1) A corporate joint committee must submit its regional transport plan to the Welsh Ministers for their approval.

(2) If the Welsh Ministers refuse to approve the plan—

(a) they must give the corporate joint committee a statement of their reasons for its refusal, and

(b) the corporate joint committee must prepare another regional transport plan and submit the plan to the Welsh Ministers for their approval.

(3) If the Welsh Ministers approve a plan under this section, the plan has effect when the approval is given.

(4) The Welsh Ministers may approve a regional transport plan under this section if (but only if) they consider—

(a) that the plan is consistent with the Wales Transport Strategy, and

(b) that the policies contained in the plan are adequate for implementation in the corporate joint committee’s area of the Strategy.”

4.  For section 109B there were substituted—

“109B    Further provision about the regional plan

(1) A corporate joint committee must keep its regional transport plan under review and alter it if it considers it appropriate to do so.

(2) A corporate joint committee must in particular review the plan as soon as practicable after the publication of the Wales Transport Strategy or any revision of it.

(3) A corporate joint committee must replace its regional 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 as altered as it applies to a plan as originally prepared.

(5) A corporate joint committee shall be taken to have complied with subsection (3) if (but only if)—

(a) it submits its replacement plan to the Welsh Ministers for their approval under section 109A before the end of the five year period mentioned in subsection (3), and

(b) the Welsh Ministers approve the plan under section 109A (whether the approval is given before or after the end of that five year period).

(6) If a corporate joint committee fails to comply with subsection (3) because it fails to submit its replacement plan to the Welsh Ministers before the end of the five year period mentioned in that subsection, the corporate joint committee must replace its regional transport plan as soon as practicable after the expiry of the five year period.

(7) If a corporate joint committee fails to comply with subsection (3) because the Welsh Ministers refuse to approve a plan submitted to them under section 109A, it must replace its regional transport plan as soon as practicable after the refusal.

(8) As soon as practicable after its plan, or its plan as altered, has been approved under section 109A, a corporate joint committee must—

(a) publish the plan or the plan as altered in such manner as it thinks fit, and

(b) send a copy of it to such persons (if any) as may be specified in guidance under section 112(1).

(9) A corporate joint committee must also—

(a) ensure that a copy of its regional transport plan is available for inspection (at all reasonable hours) at such places it thinks fit,

(b) give notice, by such means as it thinks 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.”

5.  Section 109C is to be treated as if it were omitted.

6.  For section 112 there were substituted—

“112    Regional plan: supplementary

(1) In carrying out its functions under sections 108 to 109B, a corporate joint committee must have regard to any guidance issued by the Welsh Ministers concerning—

(a) the content of regional 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.

(2) Subsection (3) applies in relation to the development of policies under section 108(1) and the implementation under section 108(1A) of those policies.

(3) A corporate joint committee, or a local transport authority within the area of the corporate joint committee (as the case may be), 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 who have mobility problems.”

7.  Section 113A is to be treated as if it were omitted.

8.  For section 113B there were substituted—

“113B    Directions concerning regional plan

(1) The Welsh Ministers may give general or specific directions to a corporate joint committee as to the manner in which it is to carry out its functions under sections 108 to 109B.

(2) The Welsh Ministers may give general or specific directions to a local transport authority whose area falls within the area of a corporate joint committee as to the manner in which they are to carry out their functions under section 108.

(3) Directions given under subsection (1) may include in particular directions as to the timetable in accordance with which the regional transport plan or alterations to the plan must be prepared.

(4) Directions given under subsection (2) may include in particular directions as to—

(a) the action required to be taken to implement the policies contained in the regional transport plan;

(b) as to the steps required to be taken to remove the effects of action which is incompatible with those policies.

(5) Directions under this section—

(a) must be in writing;

(b) may be varied or revoked by further directions under this section.

(6) The Welsh Ministers must consult—

(a) in relation to a direction under subsection (1), the corporate joint committee concerned,

(b) in relation to a direction under subsection (2), the local transport authority concerned,

before giving, varying or revoking the direction.

(7) The Welsh Ministers may consult any other persons they consider appropriate in relation to giving, varying or revoking a direction under subsection (1) or (2).”