- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Local Transport Act 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)Section 114 of the TA 2000 (quality partnership schemes) is amended as follows.
(2)In subsection (1), for the words from “will to any extent” to the end (which make it a condition that a scheme implement the policies in the authority's bus strategy) substitute “ will contribute to the implementation of their local transport policies ”.
(3)For subsection (3)(a) (authority must be satisfied that scheme will improve quality of local services) substitute—
“(a)bring benefits to persons using local services in the whole or any part of their area, or combined area, by improving the quality of those services, or”.
(4)After subsection (3) insert—
“(3A)If the authority or authorities consider that it is necessary or expedient for any restrictions to be imposed on the registration of—
(a)any local services, or
(b)any local services of a particular description,
they may impose those restrictions (“registration restrictions”) by specifying or describing them in the scheme.
(3B)Any restrictions so imposed must be for the purpose of preventing or restricting—
(a)the provision of local services, or
(b)the variation or withdrawal of local services,
in cases where the authority or authorities consider that any such provision, or (as the case may be) variation or withdrawal, of services might be detrimental to the provision of services under the scheme.
(3C)Where a scheme includes any registration restrictions by virtue of subsection (3A), it must also specify the criteria (“registration criteria”) by reference to which the traffic commissioners are to decide whether or not to accept an application for registration.
(3D)In subsections (3A) to (3C) “registration”, in relation to any service,—
(a)means registration of prescribed particulars of the service under section 6 of the Transport Act 1985 (registration of local services), and
(b)includes a reference to the variation or cancellation of any such registration.”.
(5)For subsection (6) substitute—
“(6)The standard of services which may be specified in a scheme includes—
(a)requirements which the vehicles being used to provide the services must meet, and
(b)requirements as to frequency or timing of the services,
but the specification of any such requirements is not to prevent operators from providing services in excess of those requirements.”.
(6)After subsection (6) insert—
“(6A)The standard of services which may be specified in a scheme may also include requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the scheme applies.
(6B)A scheme may include a requirement falling within subsection (6)(b) or (6A) only if there are no admissible objections to the requirement from relevant operators.
Section 122(3) to (5) makes further provision with respect to such schemes.”.
(7)After subsection (6B) insert—
“(6C)The power to make a quality partnership scheme includes power to provide for different facilities, or different standards of services, to be provided under the scheme as from different dates after the scheme comes into operation.”.
(1)Section 115 of the TA 2000 (notice and consultation requirements) is amended as follows.
(2)In subsection (2) (contents of notice etc) after “details of the facilities and standards of services” insert “ , and of any registration restrictions and registration criteria, ”.
(3)In subsection (4) (meaning of “relevant local authorities” for purposes of consultation) for paragraph (b) substitute—
“(b)district councils in England,”.
(1)Section 116 of the TA 2000 (making of scheme) is amended as follows.
(2)In subsection (2) (contents of scheme) after “The scheme must specify” insert “ each of the following ”.
(3)After paragraph (b) of that subsection (standards of service) insert—
“(bb)any registration restrictions imposed by it and any registration criteria specified in it,”.
(4)After paragraph (d) of that subsection (duration of scheme) insert—
“(e)if any facilities or standards of services are to be provided under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so provided.”.
(5)For subsections (4) and (5) (earliest date on which scheme may come into operation) substitute—
“(4)The date as from which any particular facilities, or any services of a particular standard, are to be provided must not be earlier than—
(a)in the case of facilities, the latest of dates A to C (see subsections (4B) to (4D)),
(b)in the case of services, the later of dates A and D (see subsections (4B) and (4E)),
unless the case falls within subsection (4A).
(4A)If under the scheme—
(a)particular facilities are to be provided by the authority or authorities, and
(b)as from the date by which the facilities are to be provided, services of a particular standard are to be provided by operators of local services when using the facilities,
the date as from which the facilities and the services are to be provided must not be earlier than the latest of dates A to D.
(4B)Date A is the date 3 months after the date on which the scheme is made.
(4C)Date B is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for the authority or authorities to provide the facilities.
(4D)Date C is the date 3 months after—
(a)the date on which any traffic regulation order required for the provision of any of the facilities is made, or
(b)if more than one such order is required for their provision, the date on which the last of them is made.
(4E)Date D is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for operators of local services to provide services of the particular standard.”.
(6)In section 162(4) of that Act (interpretation of references to authorities) for the entry relating to section 116 substitute— “ section 116(2)(a), (4)(a), (4A)(a) and, in the second place, (4C), ”.
(1)In section 117 of the TA 2000 (postponement, for up to 12 months, of date on which scheme comes into operation) for subsection (1) substitute—
“(1)If it appears to the authority or authorities appropriate to do so, they may decide that any of the dates specified in subsection (1A) shall be postponed by such period as they think fit.
A date may not be postponed under this subsection by a period or periods which in total exceed 12 months.
(1A)The dates are—
(a)the date on which the scheme is to come into operation,
(b)the date as from which any particular facilities are to be provided under the scheme,
(c)the date as from which any particular services are to be provided to a particular standard under the scheme.”.
(2)In consequence of the amendment made by subsection (1), the heading to the section becomes “ Postponement of scheme or of provision of particular facilities or standards of service ”.
(1)Section 118 of the TA 2000 (effect of scheme) is amended as follows.
(2)For subsection (1) (facilities to be provided from date on which scheme comes into operation) substitute—
“(1)The authority or authorities must—
(a)provide each of the specified facilities not later than the date specified for its provision under the scheme, and
(b)continue to provide it throughout the remainder of the period for which the scheme is in operation.”.
(3)In subsection (4)(a) (operator of local services to give written undertaking to traffic commissioner) for the words from “that he will” to “when using the facilities” substitute “ that, when using the facilities on any date, he will provide the service to the standard specified in the scheme as it has effect in relation to that date ”.
(1)Section 122 of the TA 2000 (regulations about schemes) is amended as follows.
(2)In subsection (1) after paragraph (a) insert—
“(aa)the content or operation of schemes which include a requirement falling within section 114(6)(b) or (6A),”.
(3)After subsection (2) insert—
“(3)As regards schemes which include any requirement mentioned in section 114(6)(b) or (6A), regulations under subsection (1)(a) or (aa) may in particular make provision—
(a)for section 114(6B) not to apply in such circumstances as may be prescribed,
(b)requiring such schemes to include provision falling within subsection (4),
(c)for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators,
(d)in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 117, for any such requirement not to take effect unless prescribed conditions are satisfied,
(e)as to the meaning of “admissible objection” for the purposes of section 114(6B) and paragraph (c) of this subsection,
(f)as to the meaning of “relevant operator” for those purposes,
(g)as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator.
(4)The provision referred to in subsection (3)(b) is provision—
(a)as respects the setting of frequencies, timings or maximum fares to which the requirements relate,
(b)for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed,
(c)for a maximum interval before any such requirements must next be reviewed,
(d)as respects other circumstances in which any such requirements must or may be reviewed,
(e)as respects revision of any such requirements after a review.
(5)Subsections (3)(b) and (4) have effect subject to, and in accordance with, the following provisions—
(a)the revision of requirements as to frequencies, timings or maximum fares under any provision made in accordance with those subsections is not to be regarded as a variation of the scheme for the purposes of section 120 (variation or revocation of scheme), but
(b)nothing in those subsections or in paragraph (a) of this subsection shall be taken to derogate from what may be done under or by virtue of that section.
(6)The provision that may be made by virtue of subsection (3)(g) includes provision for and in connection with—
(a)the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph;
(b)the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination;
(i)by the appropriate national authority to an adjudicator, or
(ii)by the appropriate national authority or an adjudicator to an assessor,
of such remuneration as may be determined by or in accordance with the regulations.”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: