Transport Act 2000

[F1 138G Making of plans and schemes E+W

(1) If, after complying with section 138F as regards a proposal to make an enhanced partnership plan and scheme, a local authority or authorities consider it appropriate to make the plan and scheme, they may make them as proposed or with modifications.

(2) If the authority or authorities intend to make the plan and scheme with modifications of one or both of them, the authority or authorities must give notice of their intention to make the plan and scheme, with modifications, to the persons who are operators of qualifying local services in the area to which the plan relates on the relevant day.

(3) A notice under subsection (2) must—

(a) contain full details of the plan and scheme,

(b) state the effect of subsection (4), and

(c) state the period within which objections may be made (which may not be less than 28 days).

(4) The authority or authorities may not make the plan and scheme with modifications if, within the period for objections stated in the notice under subsection (2)—

(a) a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the plan relates object to the plan, or

(b) a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the scheme relates object to the scheme.

(5) Not later than 14 days after the date on which a local transport authority or authorities make an enhanced partnership plan and scheme, the authority or authorities must give notice of the making of the plan and scheme—

(a) in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,

(b) to all operators of local services who would, in the opinion of the authority or authorities, be affected by the scheme, and

(c) to a traffic commissioner.

(6) The notice must—

(a) contain full details of the plan and scheme or state where such details may be inspected, and

(b) if the plan or scheme made is a modified version of the plan or scheme that was proposed, state that it is a modified version.

(7) If the proposal of a local transport authority or authorities is to make a scheme or schemes relating to an existing enhanced partnership plan, subsections (1) to (6) have effect as if—

(a) references to a plan and scheme were references to a scheme or schemes, and

(b) subsection (4)(a) were omitted.

(8) If the proposal of a local transport authority or authorities is to make two or more schemes at the same time (whether at the same time as making a plan or in relation to an existing plan), subsection (4)(b) has effect as if references to the scheme were references to one of the schemes in question.

(9) The Secretary of State may by regulations—

(a) specify the descriptions of local services that are qualifying local services for the purposes of this section, and

(b) specify what constitutes a sufficient number of persons for the purposes of subsection (4)(a) or (b).

(10) Regulations under subsection (9)(b) may, in particular—

(a) require that a plan or scheme be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services in the area in question as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and

(b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

(11) In this section “the relevant day”, in relation to a plan or scheme that a local transport authority or authorities intend to make, means the day before the authority or authorities send out notices relating to that plan or scheme in accordance in subsection (2).]

Textual Amendments

F1 Ss. 138A-138S and cross-heading inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 9, 26(3)

Modifications etc. (not altering text)

C1 Pt. 2: functions made exercisable (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(1)

C2 Ss. 138A-143B: functions transferred (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2)