Search Legislation

The Advanced Quality Partnership Schemes (England) Regulations 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Definition of “admissible objection”

This section has no associated Explanatory Memorandum

8.—(1) For the purposes of sections 113E(7) and (8) and 113N(5)(b) of the 2000 Act and these Regulations, “admissible objection” has the meaning given to it in this regulation.

(2) An “admissible objection” is an objection—

(a)made in accordance with the procedure prescribed in regulation 9; and

(b)which satisfies either or both of the grounds described in paragraph (3).

(3) The grounds are that—

(a)for either or both of the reasons listed in paragraph (4), it would not be practicable for the objector to provide particular relevant services, or relevant services of a particular description, to a specified standard, which would apply to those relevant services if the scheme as proposed in the notice given under section 113G(1) of the 2000 Act were to be made; or

(b)taking into account the matters listed in paragraph (5), it would not be commercially viable for the objector, acting in a competent and efficient manner, to provide relevant services to a specified standard, which would apply to those relevant services if the scheme as proposed in the notice given under section 113G(1) of the 2000 Act were to be made.

(4) The reasons referred to in paragraph (3)(a) are that—

(a)the objector would need to procure additional vehicles or equipment, or upgrade existing vehicles or equipment, in order to provide the service to the particular standard specified in the proposed scheme and it would not be practicable for the objector to do so by the date specified in the proposed scheme; or

(b)the objector would need to employ additional staff to provide the service to the particular standard specified in the proposed scheme and it would not be practicable for the objector to do so by the date specified in the proposed scheme.

(5) The matters referred to in paragraph (3)(b) are—

(a)the likely cost to the objector of providing relevant services to the particular standard which would apply to those services if the scheme as proposed in the notice given under section 113G(1) of the 2000 Act were to be made;

(b)the income which the objector would be likely to receive from operating the relevant services, taking into account any additional fare revenue which is likely to accrue as a result of the —

(i)facilities provided, or to be provided, by the authority,

(ii)measures taken, or to be taken, by the authority, and

(iii)improvements to the standard of services,

if the scheme as proposed in the notice given under section 113G(1) of the 2000 Act were to be made; and

(c)whether, taking into account the matters described in sub-paragraphs (a) and (b), the objector could be expected to secure an appropriate rate of return from the operation of the relevant services in the area to which the proposed scheme relates.

(6) Subject to paragraphs (7) and (8), for the purposes of this regulation “relevant services” means in relation to a particular operator—

(a)all local services registered under section 6 of the 1985 Act in the name of that operator which have one of more stopping places in the area to which the scheme relates and in respect of which, on the day on which the authority or authorities gave notice under section 113G(1) of the 2000 Act, the registration was extant; or

(b)all proposed local services with one or more stopping places in the area to which the scheme relates in respect of which the operator had made an application to a traffic commissioner to register particulars under section 6 of the 1985 Act, and that application was made on or before the day on which the authority or authorities gave notice under section 113G(1) of the 2000 Act.

(7) A local service is not a relevant service for the purposes of this regulation if, after the day on which the authority or authorities gave notice under section 113G(1) of the 2000 Act—

(a)in respect of a local service to which paragraph (6)(a) applies, the operator submits an application to a traffic commissioner under section 6(7) of the 1985 Act to vary or cancel the registration of the service, and paragraph (8) applies; or

(b)in respect of a proposed local service to which paragraph (6)(b) applies, the operator withdraws the application to register the service.

(8) This paragraph applies where at such time as the variation or cancellation takes effect the local service which, but for paragraph (7)(a), would be a relevant service, has no stopping places in the area to which the scheme relates.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources