Transport Act 1980

Section 12.

SCHEDULE 2 Orders Designating Trial Areas

Applications for designation orders

1 (1) not less than 21 days before making an application to the Minister for a designation order in respect of any area the local authority concerned shall publish in one or more relevant newspapers a notice describing the area in question and stating their intention to apply for a designation order in respect of it and the date on which they propose to make the application.

(2) For the purposes of any notice under this paragraph a "relevant newspaper" is any local newspaper which the local authority concerned may consider appropriate.

2 (1) Before making such an application the local authority concerned shall also notify—

(a) every local authority (if any) whose area adjoins the area specified in the application ;

(b) every district council whose area is wholly or partly comprised in, or adjoins, the area so specified ;

(c) any person who is already providing a stage carriage service in the area so specified ; and

(d) such organisations as appear to the local authority concerned appropriate as representing persons providing or employed in the provision of public passenger transport services in the area so specified.

(2) In this paragraph " public passenger transport services " has the meaning given by section 1(2) of the [1978 c. 55.] Transport Act 1978.

3 Every application for a designation order shall be accompanied by the original or a copy of any representations in writing (by whoever made) which relate to the application and were received by the local authority concerned before the date on which the application is made; and before making a designation order the Minister shall consider any such representations.

Variation or revocation of designation orders

4 Before making an application to the Minister for an order under section 12(4) varying or revoking a designation order the local authority concerned—

(a) shall notify—

(i) every local authority (if any) whose area adjoins the trial area in question ;

(ii) every district council whose area adjoins the trial area;

(iii) any person who is for the time being providing a stage carriage service in the trial area; and

(iv) such organisations as appear to the local authority concerned appropriate as representing persons providing or employed in the provision of public passenger transport services (within the meaning of paragraph 2) in the trial area ; and

(b) shall consult with every district council whose area is wholly or partly comprised in the trial area.

5 Paragraph 3 shall apply in relation to an application for, and the making of, an order under section 12(4) as it applies in relation to an application for, and the making of, a designation order.

6 (1) Subject to sub-paragraph (2), an order under section 12 which revokes or varies a designation order may contain such transitional provisions as the Minister thinks fit.

(2) An order under section 12(4) which revokes a designation order or varies it so as to exclude from the area designated by it any part of that area shall contain such transitional provisions as the Minister thinks fit for securing that any person who has, throughout the relevant period ending with the date of the order, provided a stage carriage service which he will be unable to continue to provide after the time when the revocation or variation takes effect unless granted a road service licence in respect of it, can obtain as of right a road service licence that will enable him to continue to provide that service for as long as the licence remains in force after that time.

(3) In sub-paragraph (2) " the relevant period ", in relation to an order under section 12(4), means such period of not less than three months as may be specified in the order.