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The Advanced Quality Partnership Schemes (England) Regulations 2018

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Definition of “relevant operator”

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6.—(1) For the purposes of sections 113E(7) and (8) and 113N(5)(b) (regulations about schemes) of the 2000 Act and these Regulations, “relevant operator” has the meaning given to it by this regulation and regulation 7.

(2) Subject to paragraphs (3) and (4), a “relevant operator” is an operator who, on the day on which an authority or authorities give notice of the proposed scheme under section 113G(1) of the 2000 Act—

(a)is operating one or more local services in accordance with the particulars registered under section 6 (registration of local services) of the 1985 Act(1), or

(b)is eligible under section 6(4) of the 1985 Act to have an application for registration accepted, and has made such an application to a traffic commissioner to register the particulars of one or more local services,

and the local service to which the registration or, as the case may be, application relates has one or more stopping places(2) in the area to which the proposed scheme relates.

(3) Paragraph (2) does not apply to an operator when—

(a)the operator has, in respect of a local service to which paragraph (2)(a) applies, submitted an application to a traffic commissioner under section 6(7) of the 1985 Act to vary or cancel the registration of that local service, or

(b)the operator has, in respect of an application to which paragraph 2(b) applies, withdrawn that application,

and the effect of either sub-paragraph (a) or (b) is that the operator would not, at such time as the variation, cancellation or withdrawal takes effect, be operating any local services with one or more stopping places in the area to which the proposed scheme relates.

(4) Paragraph (2) does not apply to an operator of local services if the only services which that operator provides, or proposes to provide, and to which that paragraph would otherwise apply are services which, under the scheme as proposed by the authority or authorities in the notice given under section 113G(1) of the 2000 Act, would be excluded from the scheme under section 113H(3) (making of scheme) of the 2000 Act(3).

(1)

Section 6 of the Transport Act 1985 has been amended by paragraph 8 of Schedule 12 to the Railways Act 2005 (c. 14), paragraph 2(2) and (3) of Schedule 10 to the Education and Inspections Act 2006 (c. 40), sections 48(2), 49 and 65 of the Local Transport Act 2008, paragraph 2 of Schedule 1 to the Learner Travel (Wales) Measure 2008 (c. 02), S.I. 2010/1158, 2013/1644 and sections 11(2), (3) and (4), 12(2), 18(4) and 20(1) and (2) of, and paragraph 2 of Schedule 1 and paragraph 2 of Schedule 2 to, the Bus Services Act 2017. There are other amendments which are not relevant.

(2)

By virtue of section 162(3) of the Transport Act 2000, the term “stopping place” has the meaning given by section 137(1) of the Transport Act 1985.

(3)

Section 113H was inserted by section 1 of the Bus Services Act 2017.

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