Local Transport Act 2008

36 Appeals where proposed continuation considered non-exempt

After section 131E of the TA 2000 insert—

“131F Appeals where proposed continuation considered non-exempt

(1) This section applies where an authority or authorities—

(a) propose that a quality contracts scheme for an area in England should continue in operation (with or without modifications) under section 131A,

(b) decide that the proposal is not an exempt continuation proposal, and

(c) acting on the basis of that decision, decide that the scheme should so continue in operation.

(2) Any person falling within subsection (3) may appeal to the Transport Tribunal against the decision of the authority or authorities that the scheme should continue in operation.

(3) The persons are—

(a) any person who was consulted under section 125(3) (as it applies by virtue of section 131A in a case where the proposal is not an exempt continuation proposal),

(b) any person who was not so consulted, but who, in the opinion of the QCS board under section 126D(1)(b), ought to have been so consulted.

(4) Sections 127A(4) to (7) and 127B apply in relation to an appeal under subsection (2) as they apply in relation to an appeal under subsection (2) of section 127A, but with—

(a) the modifications in subsection (5), and

(b) such further or different modifications or exclusions as may be prescribed under section 133.

(5) The modifications are—

(a) any reference to the scheme is to be read as a reference to the scheme as it continues in operation,

(b) any reference to the scheme as made is to be read as a reference to the scheme as it continues in operation,

(c) any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation,

(d) any reference to any conditions set out in any paragraphs of section 124(1) or (as the case may be) of section 124(1A) being met is to be read as a reference to those conditions being met by the scheme as proposed to continue in operation (with any proposed modifications),

(e) any reference to section 125 or any provision of that section is to be read as a reference to that section or provision as it applies by virtue of section 131A in a case where the proposal is not an exempt continuation proposal.”.