Quality Partnership Schemes (Existing Facilities) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for existing facilities to form part of a quality partnership scheme. Quality partnership schemes are introduced by Part II of the Transport Act 2000.

Regulation 3 provides that existing facilities may not form part of a quality partnership scheme where they were first provided more than 10 years before notice of the proposed scheme is given. However, where an existing facility was provided more than 5 years but less than 10 years before notice of the proposed scheme is given, it may form part of a quality partnership scheme providing no objection is made and not withdrawn by any person relying upon that facility in the provision of local services.

Regulation 4 provides that any objection given pursuant to Regulation 2 must be in writing, and be served on the appropriate authority.

Regulation 5 provides that an authority must, in the course of consultation in respect of a proposed scheme, specify the date on which it believes each relevant existing facility was first provided. Where more than one authority proposes to make the scheme, the authority in whose area the existing facility is situated is responsible for making the statement. The authority must also specify the date by which any objection should be made. The authority must give at least 42 days within which to make any objection.