The Advanced Quality Partnership Schemes (England) Regulations 2018

Referral to a traffic commissioner

This section has no associated Explanatory Memorandum

12.—(1) The objector may, within a period of 14 days beginning with the day on which the written notice is issued under regulation 11(1) or, where appropriate, the supplementary notice described in regulation 11(4)(b) is issued, refer either of the matters described in paragraph (2) to a traffic commissioner for a determination under regulation 15.

(2) The matters are—

(a)an objection to the decision of the lead authority under regulation 11(1) that an objector is not a relevant operator or that an objection is not an admissible objection; or

(b)an objection to the modified standard of service that the lead authority proposes to specify in the scheme as a consequence of a decision as described in regulation 11(3).

(3) When a matter is referred to a traffic commissioner in accordance with this regulation the objector must at the same time send to the traffic commissioner—

(a)a copy of the objection as submitted to the lead authority;

(b)a copy of any further information or evidence submitted to the lead authority in response to any request under regulation 10(1);

(c)where the matter is an objection described in paragraph (2)(a) a statement describing why, in the opinion of the objector, the decision of the lead authority made under regulation 11 is incorrect; and

(d)where the matter is an objection described in paragraph (2)(b) a statement describing why, in the opinion of the objector, either or both of the grounds specified in regulation 8(3) are satisfied in relation to the modified standard of service proposed to be specified in a scheme.

(4) The objector must, at the same time as submitting the information described in paragraph (3) to the traffic commissioner, submit a copy of that information to the lead authority.