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Changes and effects yet to be applied to Part II:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part IIE+W Local transport

Modifications etc. (not altering text)

C1Pt. II: power to amend conferred (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 9(1)(2), 10(1)(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)

C4Pt. II: delegation of functions (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(b)

C5Pt. II functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8

C6Pt. II functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(1)

Local transport plans and bus strategiesE+W

108 Local transport plans.E+W

(1)Each local transport authority must—

(a)develop policies for the promotion and encouragement of safe, integrated, efficient and economic transport F1... to, from and within their area, and

(b)carry out their functions so as to implement those policies.

(2)[F2In subsection (1), “transport” means]

(a)[F3the transport] required to meet the needs of persons living or working in the authority’s area, or visiting or travelling through that area, and

(b)[F3the transport] required for the transportation of freight;

and[F4includes] facilities and services for pedestrians.

[F5(2ZA)Each local transport authority whose area is in England must—

(a)in developing policies in accordance with subsection (1)(a), and

(b)in carrying out their functions in accordance with subsection (1)(b),

comply with the duties set out in subsection (2ZB).

(2ZB)The duties are—

(a)to take into account any policies announced by Her Majesty's government, and

(b)to have regard to any guidance issued for the purposes of this paragraph by the Secretary of State,

with respect to mitigation of, or adaptation to, climate change or otherwise with respect to the protection or improvement of the environment.

(2ZC)The power to issue guidance under subsection (2ZB)(b) does not affect the generality of the power to issue guidance under section 112(1).]

[F6(2A)Each local transport authority whose area is in Wales must also—

(a)develop policies for the implementation in their area of the Wales Transport Strategy, and

(b)carry out their functions so as to implement those policies.]

[F7(3)Each local transport authority whose area is in England must prepare a document to be known as (or two or more documents to be known together as) the local transport plan containing—

(a)their policies under subsection (1)(a);

(b)their proposals for the implementation of those policies.

(3A)Each local transport authority whose area is in Wales must prepare a document to be known as the local transport plan containing—

(a)their policies under subsection (1)(a), and

(b)their policies under subsection (2A).

(3B)A local transport authority whose area is in England must, in complying with the duty under subsection (1)(b), have regard to the proposals contained in their plan.]

(4)In this Part “local transport authority” means—

(a)a county council in England,

(b)a council of a non-metropolitan district in England comprised in an area for which there is no county council,

[F8(c)an Integrated Transport Authority for an integrated transport area in England,]

[F9(ca)a combined authority,] or

(d)a county council or county borough council in Wales.

[F10(5)In this Part “local transport policies” means policies developed under subsection (1)(a).]

Textual Amendments

F1Words in s. 108(1)(a) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(2), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)

F2Words in s. 108(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(3)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)

F3Words in s. 108(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(3)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)

F4Word in s. 108(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(3)(c), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)

F5S. 108(2ZA)-(2ZC) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(4), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)

F7S. 108(3)-(3B) substituted for s. 108(3) (1.4.2009 for W., 1.4.2011 for E.) by Local Transport Act 2008 (c. 26), ss. 9(1), 134(4); S.I. 2009/107, art. 5(1) (with art. 5(2)); S.I. 2009/579, art. 2(b)

F10S. 108(5) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 7(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)

Modifications etc. (not altering text)

Commencement Information

I1S. 108 wholly in force at 1.8.2001; s. 108 not in force at Royal Assent see s. 275(1)(2); s. 108 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 108 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

109[F11Further provision about plans: England]E+W

(1)A local transport authority [F12whose area is in England] must keep their local transport plan under review and alter it if they consider it appropriate to do so.

[F13(2)The authority may replace their plan as they think fit.]

[F14(2A)In preparing their local transport plan, and in keeping it under review, an authority other than an Integrated Transport Authority [F15or a combined authority] must consult—

(a)the Secretary of State in relation to functions which the Secretary of State has—

(i)as highway authority by virtue of section 1 of the Highways Act 1980, or

(ii)as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984,

(b)if the local transport authority is a county council, the councils of the districts in the county (if any).

(2B)In preparing their local transport plan, and in keeping it under review, an Integrated Transport Authority [F16 or a combined authority] must consult—

(a)each local traffic authority (within the meaning of the Road Traffic Regulation Act 1984) for any area within the integrated transport area of the Integrated Transport Authority [F17or (as the case may be) the area of the combined authority],

(b)the Secretary of State in relation to functions which the Secretary of State has—

(i)as highway authority by virtue of section 1 of the Highways Act 1980, or

(ii)as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984,

(c)each county council and each district council for any area within the integrated transport area of the Integrated Transport Authority [F18or (as the case may be) the area of the combined authority].

(2C)In preparing their local transport plan, and in keeping it under review, the authority must consult such of the following persons as they consider appropriate—

(a)operators of any network or station, or of any railway services, in their area;

(b)operators or providers of other transport services in their area, or organisations appearing to the authority to be representative of the interests of such persons;

(c)organisations appearing to the authority to be representative of the interests of users of transport services and facilities in their area;

and must also consult any other persons whom they consider appropriate.

(2D)Any expression which is used in subsection (2C)(a) or (b) and in Part 1 of the Railways Act 1993 has the meaning given in that Part, taking “railway” to have its wider meaning (see section 81 of that Act).]

(3)As soon as practicable after any occasion when they prepare a new plan or alter their plan, the authority must—

(a)publish the plan or the plan as altered in such manner as they think fit, and

(b)send a copy of it to the Secretary of State F19... and to such other persons (if any) as may be specified in guidance under section 112(1).

(4)The authority must also—

(a)cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit,

(b)give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and

(c)supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

F20(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13S. 109(2) substituted (1.4.2009 for W., 1.4.2011 for E.) by Local Transport Act 2008 (c. 26), ss. 9(3), 134(4); S.I. 2009/107, art. 5(1) (with art. 5(2)); S.I. 2009/579, art. 2(b)

F14S. 109(2A)-(2D) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 9(4), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)

F19Words in s. 109(3)(b) omitted (26.5.2006) by virtue of Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(4); S.I. 2006/1403, art. 2(2)(c)

Modifications etc. (not altering text)

Commencement Information

I2S. 109 wholly in force at 1.8.2001; s. 109 not in force at Royal Assent see s. 275(1)(2); s. 109 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 109 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

[F21109AApproval of plans: WalesE+W

(1)A local transport authority whose area is in Wales must submit their local transport plan to the National Assembly for Wales for its approval.

(2)If the Assembly refuses to approve a plan submitted to it by a local transport authority under this section—

(a)the Assembly must give the local transport authority a statement of the reasons for its refusal, and

(b)the authority must prepare another local transport plan and submit the plan to the Assembly for its approval.

(3)If the Assembly approves a local transport plan under this section, the plan has effect when the approval is given.

(4)The Assembly may approve a local transport plan under this section if (but only if) it considers—

(a)that the plan is consistent with the Wales Transport Strategy, and

(b)that the policies contained in the plan are adequate for the implementation in the authority's area of the Strategy.

F22(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

109BFurther provision about plans: WalesE+W

(1)A local transport authority whose area is in Wales must keep their local transport plan under review and alter it if they consider it appropriate to do so.

(2)The authority must in particular review the plan as soon as practicable after the publication of the Wales Transport Strategy or any revision of it.

(3)The authority must replace their local transport plan not later than five years after the date on which the plan was approved under section 109A.

(4)Section 109A applies to a replacement plan and a plan as altered as it applies to a plan as originally prepared.

(5)A local transport authority whose area is in Wales shall be taken to have complied with subsection (3) if (but only if)—

(a)the authority submit their replacement plan to the National Assembly for Wales for approval under section 109A before the end of the five year period mentioned in subsection (3), and

(b)the Assembly approves the plan under section 109A (whether the approval is given before or after the end of that five year period).

(6)If an authority fail to comply with subsection (3) because they fail to submit their replacement plan to the Assembly for approval under section 109A before the end of the five year period mentioned in that subsection, the authority must replace their local transport plan as soon as practicable after the expiry of the five year period.

(7)If an authority fail to comply with subsection (3) because the Assembly refuses to approve a plan submitted to it under section 109A, the authority must replace their local transport plan as soon as practicable after the refusal.

(8)As soon as practicable after their plan, or their plan as altered, has been approved under section 109A, a local transport authority whose area is in Wales must—

(a)publish the plan or the plan as altered in such manner as they think fit, and

(b)send a copy of it to such persons (if any) as may be specified in guidance under section 112(1).

(9)The authority must also—

(a)cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit,

(b)give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and

(c)supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

Textual Amendments

109CTransitional provisions: WalesE+W

(1)Where a local transport authority whose area is in Wales have, before 1st August 2001, prepared and published a document which—

(a)contains policies developed by them for the purposes described in section 108(1)(a), and

(b)was prepared and published in accordance with guidance issued by the National Assembly for Wales,

that document shall be taken to be the authority's local transport plan.

(2)But, in the case of a document which is a local transport plan by virtue of subsection (1), section 109B(3) requires its replacement not later than such date as is specified in an order made by the National Assembly for Wales (rather than not later than five years after the date on which it was approved under section 109A).

(3)For the purposes of section 109B(3), a local transport plan made before the coming into force of section 109A by a local transport authority whose area is in Wales shall be taken to have been approved under section 109A on the date on which it was made.]

Textual Amendments

F23110 Bus strategies.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24111 Consultation and publicity about bus strategies.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

112 Plans and strategies: supplementary.E+W

(1)In carrying out their functions under [F25sections 108 to 109B] , a local transport authority must have regard to any guidance concerning—

(a)the content of local transport plans F26...,

(b)the preparation of such plans F26...,

(c)the alteration and replacement of such plans F26..., and

(d)the publication and making available of such plans F26... as originally made and as altered or replaced,

which is issued from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

(2)In developing [F27and implementing] their policies under section 108(1) F28..., a local transport authority must have regard to the transport needs of [F29disabled persons (within the meaning of the [F30Equality Act 2010]) and of] persons who are elderly or have mobility problems.

Textual Amendments

F25Words in s. 112(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(4)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

F26Words in s. 112(1) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(4)(b), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

F27Words in s. 112(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 11(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)

F28Words in s. 112(2) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(5), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

F29Words in s. 112(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 11(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)

F30Words in s. 112(2) substituted by 2010 c. 15 Sch. 26 Pt. 1 para. 48 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2)

Modifications etc. (not altering text)

Commencement Information

I3S. 112 wholly in force at 1.8.2001; s. 112 not in force at Royal Assent see s. 275(1)(2); s. 112 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 112 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

113 Role of metropolitan district councils.E+W

F31(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F32The duties imposed on an Integrated Transport Authority for an integrated transport area [F33or a combined authority for an area] by—

(a)section 108(1)(b), (2ZA) and (3B), and

(b)section 109(4),

are also duties of each of the councils for the metropolitan districts comprised in the area, subject to the modifications set out in subsection (2A).

(2A)The modifications are—

(a)in section 108(1)(b), the reference to “those policies” is a reference to the policies developed by the Integrated Transport Authority [F34or (as the case may be) the combined authority] for that area;

(b)in section 108(3B), the reference to “their plan” is a reference to the local transport plan of the Integrated Transport Authority [F34or (as the case may be) the combined authority] for that area;

(c)in section 109(4), the reference to “their local transport plan” is a reference to the local transport plan of the Integrated Transport Authority [F34or (as the case may be) the combined authority] for that area.]

F35(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32S. 113(2)(2A) substituted for s. 113(2) (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 12(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 3); S.I. 2009/579, art. 2(b)

Commencement Information

I4S. 113 wholly in force at 1.8.2001; s. 113 not in force at Royal Assent see s. 275(1)(2); s. 113 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 113 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

[F36113AModification of provisions about plans and strategies: WalesE+W

(1)The National Assembly for Wales may by order modify the application of [F37sections 108 to 109B] in relation to local transport authorities whose areas are in Wales for the purpose of—

(a)permitting a local transport plan to be prepared in respect of part only of an authority's area;

(b)permitting a local transport plan to be prepared by two or more authorities jointly in respect of an area comprising all or any part or parts of their areas.

(2)An order under subsection (1) made for the purpose mentioned in subsection (1)(b) may in particular include provision for—

(a)the plan to be prepared by one of the authorities concerned on behalf of both or all of them;

(b)administrative arrangements, including the apportionment of the cost of preparing the plan between the authorities concerned.

(3)Before making an order under subsection (1) the Assembly must consult the local transport authorities concerned and any other persons it considers appropriate.

Textual Amendments

F37Words in s. 113A(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(6), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

113BDirections concerning plans and strategies: WalesE+W

(1)The National Assembly for Wales may issue to a local transport authority whose area is in Wales general or specific directions as to the manner in which they are to carry out their functions under [F38sections 108 to 109B] .

(2)Directions issued by the Assembly under subsection (1) may include in particular directions—

(a)as to the timetable in accordance with which a local transport plan or alterations to a local transport plan must be prepared;

(b)as to the action required to be taken to implement the policies contained in a local transport plan;

(c)as to the steps required to be taken to remove the effects of action which is incompatible with those policies.

(3)Directions under this section—

(a)must be in writing;

(b)may be varied or revoked by further directions under this section.

(4)Before issuing, varying or revoking directions under this section the Assembly must consult the local transport authority concerned and any other persons it considers appropriate.]

Textual Amendments

F38Words in s. 113B(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(6), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

[F39Bus services: advanced quality partnership schemesE+W

Textual Amendments

F39Ss. 113C-113O 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. 1, 26(3)

113CAdvanced quality partnership schemesE+W

(1)A local transport authority whose area is in England, or two or more such authorities acting jointly, may make an advanced quality partnership scheme if they are satisfied that the scheme will contribute to the implementation of their local transport policies.

(2)An advanced quality partnership scheme is—

(a)a scheme falling within subsection (3) or (4), or

(b)a scheme falling within both subsection (3) and subsection (4).

(3)A scheme falls within this subsection if it is a scheme under which—

(a)the authority or authorities provide particular facilities in the whole or part of their area, or combined area, and

(b)operators of local services who wish to use those facilities must undertake to provide local services of a particular standard when using them.

(4)A scheme falls within this subsection if it is a scheme under which—

(a)the authority or authorities take particular measures in relation to routes in the whole or part of their area, or combined area, that are served, or proposed to be served, by local services, and

(b)operators of local services who wish to provide local services with stopping places on those routes must undertake to provide local services of a particular standard when providing such local services on those routes.

(5)A scheme may not be made unless the authority or authorities are satisfied that—

(a)the steps to be taken by the authority or authorities under the scheme, and

(b)the provision of local services of the standard or standards required by undertakings given under the scheme,

are likely to achieve one or more of the outcomes described in subsection (6) in relation to the whole or part of their area, or combined area.

(6)The outcomes mentioned in subsection (5) are—

(a)an improvement in the quality of local services that benefits persons using those services;

(b)a reduction or limitation of traffic congestion, noise or air pollution;

(c)an increase in the use of local services or an end to, or a reduction in, a decline in the use of local services.

(7)An advanced quality partnership scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 113G.

(8)The power to make an advanced quality partnership scheme includes power to provide for—

(a)different facilities to be provided under the scheme,

(b)different measures to be taken under the scheme, or

(c)different standards of services to be provided under the scheme,

as from different dates after the scheme comes into operation.

(9)An advanced quality partnership scheme must include a description of the authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working.

(10)In carrying out their functions under this Part in relation to advanced quality partnership schemes, local transport authorities whose areas are in England must co-operate with one another.

(11)In considering whether to make an advanced quality partnership scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.

113DAdvanced quality partnership schemes: registration restrictionsE+W

(1)If the authority or authorities making an advanced quality partnership scheme consider that it is necessary or expedient for any restrictions to be imposed on the registration of—

(a)any local services, or

(b)any local services of a particular description,

they may impose those restrictions (“registration restrictions”) by specifying or describing them in the scheme.

(2)Any restrictions so imposed must be for the purpose of preventing or restricting—

(a)the provision of local services, or

(b)the variation or withdrawal of local services,

in cases where the authority or authorities consider that any such provision, or (as the case may be) variation or withdrawal, of services might be detrimental to the provision of services under the scheme.

(3)Where a scheme includes any registration restrictions by virtue of subsection (1), it must also specify the criteria (“registration criteria”) by reference to which a traffic commissioner is to decide whether or not to accept an application for registration.

(4)In this section “registration”, in relation to any service—

(a)means registration of prescribed particulars of the service under section 6 of the Transport Act 1985 (registration of local services), and

(b)includes a reference to the variation or cancellation of any such registration.

113EAdvanced quality partnership schemes: facilities, measures and standardsE+W

(1)The facilities which may be specified in an advanced quality partnership scheme—

(a)must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but

(b)may not be facilities which are required to be provided as a result of section 139 or 140.

(2)The measures which may be specified in a scheme—

(a)must be measures taken for the purpose of—

(i)increasing the use of local services serving the routes to which the measures relate or ending or reducing a decline in the use of such services, or

(ii)improving the quality of local services serving the routes to which the measures relate, but

(b)may not include the provision of—

(i)facilities falling within subsection (1)(a), or

(ii)facilities which are required to be provided as a result of section 139 or 140.

(3)The Secretary of State may by regulations make further provision about the measures which may or may not be specified in a scheme.

(4)The standard of services which may be specified in a scheme includes—

(a)requirements which the vehicles being used to provide the services must meet, including requirements about emissions or types of fuel or power, and

(b)requirements as to frequency or timing of the services,

but the specification of any such requirements is not to prevent operators from providing services in excess of those requirements.

(5)The standard of services which may be specified in a scheme may also include—

(a)requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the scheme applies,

(b)requirements as to the ways in which passengers may pay for journeys,

(c)requirements about providing information to the public about local services or particular descriptions of local services, and

(d)requirements as to the publicising of local services, fares or ticketing arrangements or particular descriptions of local services, fares or ticketing arrangements.

(6)Requirements under subsection (5)(b), (c) and (d) may include requirements for operators of local services to co-operate with one another.

(7)A scheme may include a requirement falling within subsection (4)(b) or (5)(a) only if there are no admissible objections to the requirement from relevant operators.

(8)A scheme may include a requirement falling within subsection (4)(a) or (5)(b) that relates to an undertaking that would fall to be given under section 113C(4)(b) only if there are no admissible objections to the requirement from relevant operators.

(9)Section 113N(3) to (8) makes further provision with respect to schemes which include the requirements referred to in subsections (7) and (8).

113FAdvanced quality partnership schemes: traffic regulation ordersE+W

(1)If the provision of any of the facilities or taking of any of the measures specified in an advanced quality partnership scheme requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State is the traffic authority), the scheme may not be made unless it is made by—

(a)the local transport authority or authorities, and

(b)the metropolitan district council for the district,

acting jointly.

(2)If the provision of any of the facilities or taking of any of the measures specified in an advanced quality partnership scheme requires the making of a traffic regulation order in respect of a road for which the Secretary of State is the traffic authority, the scheme may not be made unless it is made by—

(a)the local transport authority or authorities, and

(b)the Secretary of State,

acting jointly.

(3)Where subsection (1) or (2) applies so that a metropolitan district council or the Secretary of State is a maker of the scheme, then (subject to section 113M) the relevant references to the authority or authorities include (as well as the local transport authority or authorities)—

(a)the metropolitan district council, or

(b)the Secretary of State.

(4)For the purpose of subsection (3) the relevant references are those in—

(a)section 113C(3), (4), (5)(a) and (7), and

(b)sections 113G to 113L,

and paragraph 27(2A) of Schedule 9 to the Road Traffic Regulation Act 1984.

113GNotice and consultation requirementsE+W

(1)If an authority or authorities propose to make an advanced quality partnership scheme, they must give notice of the proposed scheme in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates.

(2)The notice must either contain full details of—

(a)any facilities specified in the scheme,

(b)any measures specified in the scheme,

(c)the standards of services specified in the scheme,

(d)any registration restrictions and registration criteria specified in the scheme, and

(e)the plans described in the scheme for consulting in order to seek views on how well the scheme is working,

or state where such details may be inspected.

(3)After giving notice of the proposed scheme, the authority or authorities must consult—

(a)all operators of local services who would, in the opinion of the authority or authorities, be affected by it,

(b)such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(c)any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,

(d)a traffic commissioner,

(e)the chief officer of police for each police area covering the whole or part of that area,

(f)the Passengers' Council,

(g)the Competition and Markets Authority, and

(h)such other persons as the authority or authorities think fit.

(4)For the purpose of subsection (3)(c) the following are relevant local authorities—

(a)local transport authorities,

(b)district councils in England,

(c)National Park authorities,

(d)the Broads Authority,

(e)London transport authorities, and

(f)councils in Scotland.

113HMaking of schemeE+W

(1)If, after taking the steps described in section 113G, an authority or authorities decide that it is appropriate to make the advanced quality partnership scheme, they may make it as proposed or with modifications.

(2)The scheme must specify each of the following—

(a)any facilities to be provided under it by the authority or authorities,

(b)any measures to be taken under it by the authority or authorities and the routes to which they relate,

(c)the standards of services to be provided under it by operators of local services in accordance with their undertakings given in relation to facilities or measures to be provided or taken under the scheme,

(d)any registration restrictions imposed by it and any registration criteria specified in it,

(e)the date on which it is to come into operation,

(f)the period for which it is to remain in operation, which must not be less than five years, and

(g)if—

(i)any facilities are to be provided under the scheme,

(ii)any measures are to be taken under the scheme, or

(iii)any standards of services are to be provided under the scheme,

as from a date after the scheme comes into operation, the date as from which they are to be so provided or taken.

(3)The scheme may provide that—

(a)local services specified in it, or

(b)local services of a class specified in it,

are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.

(4)The date as from which any particular facilities are to be provided, any particular measures are to be taken, or any services of a particular standard are to be provided, must not be earlier than—

(a)in the case of facilities or measures, the latest of dates A to C (see subsections (6) to (8)), and

(b)in the case of services, the later of dates A and D (see subsections (6) and (9)),

unless the case falls within subsection (5).

(5)If under the scheme—

(a)particular facilities are to be provided or particular measures are to be taken by the authority or authorities, and

(b)as from the date by which the facilities are to be provided or the measures are to be taken, services of a particular standard are to be provided by operators of local services when using the facilities or when providing local services with stopping places on routes to which the measures relate,

the date as from which the facilities are to be provided or the measures are to be taken (and as from which the services are to be provided) must not be earlier than the latest of dates A to D.

(6)Date A is the date 3 months after the date on which the scheme is made.

(7)Date B is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for the authority or authorities to provide the facilities or take the measures.

(8)Date C is the date 3 months after—

(a)the date on which any traffic regulation order required for the provision of any of the facilities or taking of any of the measures is made, or

(b)if more than one such order is required for the provision of the facilities or the taking of the measures, the date on which the last of them is made.

(9)Date D is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for operators of local services to provide services of the particular standard.

(10)Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of the making of the scheme—

(a)in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates,

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

(c)to a traffic commissioner.

(11)The notice must—

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

(b)if the scheme made is a modified version of that proposed, state that fact.

113IPostponement of scheme or of provision of particular facilities, taking of particular measures or provision of particular standards of serviceE+W

(1)If it appears to the authority or authorities appropriate to do so, they may decide that any of the dates specified in subsection (3) shall be postponed by such period as they think fit.

(2)A date may not be postponed under subsection (1) by a period or periods which in total exceed 12 months.

(3)The dates are—

(a)the date on which the scheme is to come into operation,

(b)the date as from which any particular facilities are to be provided under the scheme,

(c)the date as from which any particular measures are to be taken under the scheme, and

(d)the date as from which any particular services are to be provided to a particular standard under the scheme.

(4)Before making such a decision the authority or authorities must consult all operators of local services who would, in their opinion, be affected by the scheme.

(5)Not later than 14 days after the date on which any such decision is made they must give notice of the decision—

(a)in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates,

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

(c)to a traffic commissioner.

113JEffect of schemeE+W

(1)The authority or authorities must—

(a)provide each of the specified facilities or take each of the specified measures not later than the date specified for it to be provided or taken under the scheme, and

(b)continue to provide the facilities or keep the measures in effect throughout the remainder of the period for which the scheme is in operation.

(2)But subsection (1) does not apply in relation to any period during which the authority or authorities are temporarily unable to provide the facilities or take the measures or keep the measures in effect owing to circumstances beyond their control.

(3)Nor does it apply in the case of the Secretary of State if the Secretary of State is unable to provide the facilities or take the measures or keep the measures in effect owing to the variation or revocation of a traffic regulation order.

(4)The operator of a local service may not use facilities provided under an advanced quality partnership scheme unless—

(a)the operator has given a written undertaking to a traffic commissioner that, when using the facilities on any date, the operator will provide the service to the standard specified in the scheme that is relevant to the use of those facilities on that date, and

(b)the operator provides the service to that standard when using the facilities, except in relation to any period during which the operator is temporarily unable to do so owing to circumstances beyond the operator's control.

(5)Where a measure has been taken under an advanced quality partnership scheme, the operator of a local service may not use a stopping place on a route to which that measure relates unless—

(a)the operator has given a written undertaking to a traffic commissioner that, when using such a stopping place on any date, the operator will provide the service to the standard specified in the scheme that is relevant to the use of such a stopping place on that date, and

(b)the operator provides the service to that standard when using such a stopping place, except in relation to any period during which the operator is temporarily unable to do so owing to circumstances beyond the operator's control.

(6)But subsections (4) and (5) do not apply in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 113H(3).

(7)Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars of the service concerned registered under section 6 of the Transport Act 1985 (registration of local services).

113KRegulations about schemes involving existing facilities or measures which are already in effectE+W

(1)The Secretary of State may by regulations make provision about the specifying in advanced quality partnership schemes of—

(a)facilities which are already being provided before the schemes are proposed (“existing facilities”), and

(b)measures which are already in effect before the schemes are proposed (“existing measures”).

(2)The regulations may in particular—

(a)provide that existing facilities may not be specified if they were being provided before a date prescribed by, or determined in accordance with, the regulations,

(b)provide that existing measures may not be specified if they were in effect before such a date,

(c)provide that—

(i)particular existing facilities or classes of existing facilities, or

(ii)particular existing measures or classes of existing measures,

may not be specified (whenever they were first provided or taken),

(d)provide that—

(i)particular existing facilities or classes of existing facilities, or

(ii)particular existing measures or classes of existing measures,

may be specified only in circumstances prescribed by the regulations,

(e)provide that, in circumstances prescribed by the regulations—

(i)particular existing facilities or classes of existing facilities, or

(ii)particular existing measures or classes of existing measures,

may be specified only with the consent of a person prescribed by, or determined in accordance with, the regulations, and

(f)make provision modifying any provision of sections 113G to 113I in relation to schemes which specify existing facilities or existing measures.

113LVariation or revocation of schemesE+W

(1)The authority or authorities who made an advanced quality partnership scheme may vary the scheme if they decide that it is appropriate to do so.

(2)The authority or authorities who made a scheme may revoke it before the end of the period for which it would otherwise remain in operation if all persons who have given an undertaking to provide a service to the standard specified in the scheme consent to the revocation of the scheme; and such consent must not be unreasonably withheld.

(3)If the variation of a scheme under subsection (1) would require the making of a traffic regulation order, the variation is subject to the same procedure as the making of a scheme.

(4)Any other variation of a scheme under subsection (1), or the revocation of a scheme under subsection (2), is subject to that procedure, except to the extent that the procedure is modified by regulations made under section 113N.

113MVariation: supplementaryE+W

(1)The relevant references to the authority or authorities in relation to an advanced quality partnership scheme—

(a)include a local transport authority if it has been varied so that it relates to that authority's area, but

(b)do not include a local transport authority if it has been varied so that it no longer relates to that authority's area.

(2)But if (although the scheme does not relate to a local transport authority's area) it would do by reason of a proposed variation, those references (apart from those in section 113J) include that authority.

(3)The relevant references (apart from those in section 113C(1) and in the words before paragraph (a) of section 113C(5)) to the authority or authorities in relation to an advanced quality partnership scheme—

(a)include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities or traffic regulation measures, but

(b)do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities or measures.

(4)But if (although the scheme does not specify facilities which are traffic regulation facilities in relation to a traffic regulation authority or measures which are traffic regulation measures in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references (apart from those in section 113J) include that authority.

(5)And if (although the scheme specifies facilities which are traffic regulation facilities in relation to a traffic regulation authority or measures which are traffic regulation measures in relation to a traffic regulation authority)—

(a)the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities or the taking of those measures has been revoked, and

(b)the scheme is proposed to be varied (but not so that it specifies other facilities which are traffic regulation facilities in relation to that authority or other measures which are traffic regulation measures in relation to that authority),

the relevant references (apart from those in section 113J) do not include that authority.

(6)For the purposes of this section the relevant references are those in—

(a)section 113C(1) to (7),

(b)section 113D, and

(c)sections 113G to 113L,

and paragraph 27(2A) of Schedule 9 to the Road Traffic Regulation Act 1984.

(7)In this section “traffic regulation authority” means—

(a)a metropolitan district council, or

(b)the Secretary of State.

(8)For the purposes of this section—

(a)facilities are traffic regulation facilities, in relation to a traffic regulation authority and an advanced quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so;

(b)measures are traffic regulation measures, in relation to a traffic regulation authority and an advanced quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those measures or would have been required to be a maker of it had it done so.

113NRegulations about schemesE+W

(1)The Secretary of State may by regulations make further provision with respect to—

(a)the procedure to be followed when making, varying or revoking advanced quality partnership schemes,

(b)the content or operation of schemes which include—

(i)a requirement falling within section 113E(4)(b) or (5)(a), or

(ii)a requirement falling within section 113E(4)(a) or (5)(b) relating to an undertaking that would fall to be given under section 113C(4)(b),

(c)the local services or classes of local services which must be, or may be, excluded from schemes,

(d)the conditions which must be, or may be, attached to such exclusions,

(e)the form and manner in which undertakings are to be given to a traffic commissioner in connection with schemes,

(f)the making of traffic regulation orders in connection with schemes, and

(g)such other incidental matters in connection with advanced quality partnership schemes as the Secretary of State thinks fit.

(2)The regulations may in particular make provision with respect to—

(a)giving notice of proposed schemes or proposed variations or revocation of schemes,

(b)objections to such proposals,

(c)the holding of inquiries or hearings into objections,

(d)modifications of such proposals,

(e)the form of schemes or variations, and

(f)giving notice of schemes which have been made or of the variation or revocation of schemes.

(3)As regards schemes which include or would include—

(a)a requirement described in subsection (1)(b)(i), or

(b)a requirement described in subsection (1)(b)(ii),

regulations under subsection (1)(a) or (b) may in particular make the provision referred to in subsection (4).

(4)The provision mentioned in subsection (3) is provision—

(a)for section 113E(7) or (8) not to apply in such circumstances as may be prescribed,

(b)in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 113I, for any such requirement not to take effect unless prescribed conditions are satisfied,

(c)as to the meaning of “admissible objection” for the purposes of section 113E(7) and (8) and subsection (5)(b) of this section,

(d)as to the meaning of “relevant operator” for those purposes, and

(e)as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator.

(5)As regards schemes which include a requirement described in subsection (1)(b)(i), regulations under subsection (1)(b) may also make provision—

(a)requiring such schemes to include provision—

(i)as respects the setting of frequencies, timings or maximum fares to which the requirements relate,

(ii)for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed,

(iii)for a maximum interval before any such requirements must next be reviewed,

(iv)as respects other circumstances in which any such requirements must or may be reviewed, and

(v)as respects revision of any such requirements after a review, and

(b)for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators.

(6)The revision of requirements as to frequencies, timings or maximum fares under any provision included in a scheme by virtue of regulations under subsection (5)(a) is not to be regarded as a variation of the scheme for the purposes of section 113L (variation or revocation of schemes).

(7)Nothing in subsection (5) or (6) is to be taken to derogate from what may be done under or by virtue of section 113L.

(8)The provision that may be made by virtue of subsection (4)(e) includes provision for and in connection with—

(a)the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph;

(b)the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination;

(c)the payment—

(i)by the Secretary of State to an adjudicator, or

(ii)by the Secretary of State or an adjudicator to an assessor,

of such remuneration as may be determined by or in accordance with the regulations.

113OGuidance about schemesE+W

(1)The Secretary of State may issue guidance concerning the carrying out by local transport authorities whose areas are in England and metropolitan district councils of their functions under this Part in relation to advanced quality partnership schemes.

(2)Those authorities and councils must have regard to any such guidance.]

Bus services: quality partnership schemesE+W

114 Quality partnership schemes.E+W

(1)A local transport authority, or two or more such authorities acting jointly, may make a quality partnership scheme if they are satisfied that the scheme [F40will contribute to the implementation of their local transport policies] [F41(but this is subject to subsection (1A)].

[F42(1A)A local transport authority whose area is in England may exercise the power to make a quality partnership scheme only if—

(a)they are acting jointly with one or more other local transport authorities, and

(b)at least one of those other local transport authorities is an authority whose area is in Wales.]

(2)A quality partnership scheme is a scheme under which—

(a)the authority or authorities provide particular facilities in the whole or part of their area, or combined area, and

(b)operators of local services who wish to use the facilities must undertake to provide local services of a particular standard when using them.

(3)The authority or authorities must be satisfied that both the provision of those facilities and the provision of local services of that standard will—

[F43(a)bring benefits to persons using local services in the whole or any part of their area, or combined area, by improving the quality of those services, or]

(b)reduce or limit traffic congestion, noise or air pollution.

[F44(3A)If the authority or authorities consider that it is necessary or expedient for any restrictions to be imposed on the registration of—

(a)any local services, or

(b)any local services of a particular description,

they may impose those restrictions (“registration restrictions”) by specifying or describing them in the scheme.

(3B)Any restrictions so imposed must be for the purpose of preventing or restricting—

(a)the provision of local services, or

(b)the variation or withdrawal of local services,

in cases where the authority or authorities consider that any such provision, or (as the case may be) variation or withdrawal, of services might be detrimental to the provision of services under the scheme.

(3C)Where a scheme includes any registration restrictions by virtue of subsection (3A), it must also specify the criteria (“registration criteria”) by reference to which [F45a traffic commissioner is] to decide whether or not to accept an application for registration.

(3D)In subsections (3A) to (3C) “registration”, in relation to any service,—

(a)means registration of prescribed particulars of the service under section 6 of the Transport Act 1985 (registration of local services), and

(b)includes a reference to the variation or cancellation of any such registration.]

(4)A quality partnership scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 115.

(5)The facilities which may be specified in a scheme—

(a)must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but

(b)may not be facilities which are required to be provided as a result of section 139 or 140.

[F46(6)The standard of services which may be specified in a scheme includes—

(a)requirements which the vehicles being used to provide the services must meet, and

(b)requirements as to frequency or timing of the services,

but the specification of any such requirements is not to prevent operators from providing services in excess of those requirements.]

[F47(6A)The standard of services which may be specified in a scheme may also include requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the scheme applies.

(6B)A scheme may include a requirement falling within subsection (6)(b) or (6A) only if there are no admissible objections to the requirement from relevant operators.

Section 122(3) to (5) makes further provision with respect to such schemes.]

[F48(6C)The power to make a quality partnership scheme includes power to provide for different facilities, or different standards of services, to be provided under the scheme as from different dates after the scheme comes into operation.]

(7)If the provision of any of the facilities requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State or the National Assembly for Wales is the traffic authority), the scheme may not be made unless it is made by—

(a)the local transport authority or authorities, and

(b)the metropolitan district council for the district,

acting jointly.

(8)If the provision of any of the facilities requires the making of a traffic regulation order in respect of a road for which the Secretary of State or the National Assembly for Wales is the traffic authority, the scheme may not be made unless it is made by—

(a)the local transport authority or authorities, and

(b)the Secretary of State or the National Assembly for Wales,

acting jointly.

(9)Where subsection (7) or (8) applies so that a metropolitan district council, the Secretary of State or the National Assembly for Wales is a maker of the scheme, then (subject to section 121) the relevant references to the authority or authorities include (as well as the local transport authority or authorities) the metropolitan district council, the Secretary of State or the National Assembly for Wales.

(10)For the purpose of subsection (9) the relevant references are those in—

(a)subsections (2) and (4),

(b)sections 115 to 120, and

(c)section 127(7),

and paragraph 27(3) of Schedule 9 to the M1Road Traffic Regulation Act 1984.

(11)In carrying out their functions under this Part in relation to quality partnership schemes, local transport authorities must co-operate with one another.

(12)In considering whether to make a quality partnership scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.

Textual Amendments

F40Words in s. 114(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 13(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(c)

F41Words in s. 114(1) 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), s. 26(3), Sch. 1 para. 7(2)

F42S. 114(1A) 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), s. 26(3), Sch. 1 para. 7(3)

F43S. 114(3)(a) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(3), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)

F44S. 114(3A)-(3D) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(4), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)

F46S. 114(6) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(5), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)

F47S. 114(6A)(6B) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(6), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)

F48S. 114(6C) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(7), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)

Modifications etc. (not altering text)

Commencement Information

I5S. 114 wholly in force at 26.10.2001; s. 114 not in force at Royal Assent see s. 275(1)(2); s. 114 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 114 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

Marginal Citations

115 Notice and consultation requirements.E+W

(1)If an authority or authorities propose to make a quality partnership scheme, they must give notice of the proposed scheme in at least one newspaper circulating in the area to which it relates.

(2)The notice must either contain full details of the facilities and standards of services [F49, and of any registration restrictions and registration criteria,] or state where such details may be inspected.

(3)After giving notice of the proposed scheme, the authority or authorities must consult—

(a)all operators of local services who would, in the opinion of the authority or authorities, be affected by it,

(b)such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(c)any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,

[F50(d)a traffic commissioner,]

(e)the chief officer of police for each police area covering the whole or part of that area, and

(f)such other persons as the authority or authorities think fit.

(4)For the purpose of subsection (3)(c) the following are relevant local authorities—

(a)local transport authorities,

[F51(b)district councils in England,]

(c)London transport authorities, and

(d)councils in Scotland.

Textual Amendments

F49Words in s. 115(2) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 14(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

F51S. 115(4)(b) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 14(3), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

Modifications etc. (not altering text)

C22S. 115 applied (with modifications) (E.) (26.10.2001) by S.I. 2001/3317, reg. 5

S. 115 applied (with modifications) (W.) (20.12.2002) by S.I. 2002/3017, reg. 5

Commencement Information

I6S. 115 wholly in force at 26.10.2001; s. 115 not in force at Royal Assent see s. 275(1)(2); s. 115 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 115 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

116 Making of scheme.E+W

(1)If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.

(2)The scheme must specify [F52each of the following]

(a)the facilities to be provided under it by the authority or authorities,

(b)the standard of services to be provided under it by operators of local services,

[F53(bb)any registration restrictions imposed by it and any registration criteria specified in it,]

(c)the date on which it is to come into operation, F54...

(d)the period for which it is to remain in operation, which must not be less than five years.

[F55(e)if any facilities or standards of services are to be provided under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so provided.]

(3)The scheme may provide that—

(a)local services specified in it, or

(b)local services of a class specified in it,

are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.

[F56(4)The date as from which any particular facilities, or any services of a particular standard, are to be provided must not be earlier than—

(a)in the case of facilities, the latest of dates A to C (see subsections (4B) to (4D)),

(b)in the case of services, the later of dates A and D (see subsections (4B) and (4E)),

unless the case falls within subsection (4A).

(4A)If under the scheme—

(a)particular facilities are to be provided by the authority or authorities, and

(b)as from the date by which the facilities are to be provided, services of a particular standard are to be provided by operators of local services when using the facilities,

the date as from which the facilities and the services are to be provided must not be earlier than the latest of dates A to D.

(4B)Date A is the date 3 months after the date on which the scheme is made.

(4C)Date B is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for the authority or authorities to provide the facilities.

(4D)Date C is the date 3 months after—

(a)the date on which any traffic regulation order required for the provision of any of the facilities is made, or

(b)if more than one such order is required for their provision, the date on which the last of them is made.

(4E)Date D is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for operators of local services to provide services of the particular standard.]

(6)Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice—

(a)in at least one newspaper circulating in the area to which the scheme relates, F57...

(b)to all operators of local services who would, in the opinion of the authority or authorities, be affected by the scheme [F58, and]

[F58(c)to a traffic commissioner]

(7)The notice must—

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

(b)if the scheme made is a modified version of that proposed, state that fact.

Textual Amendments

F52Words in s. 116(2) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

F53S. 116(2)(bb) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(3), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

F54Word in s. 116(2) repealed (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 2; S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(d)

F55S. 116(2)(e) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(4), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

F56S. 116(4)-(4E) substituted for s. 116(4) (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(5), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

Commencement Information

I7S. 116 wholly in force at 26.10.2001; s. 116 not in force at Royal Assent see s. 275(1)(2); s. 116 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 116 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

117[F59Postponement of scheme or of provision of particular facilities or standards of service]E

[F60(1)If it appears to the authority or authorities appropriate to do so, they may decide that any of the dates specified in subsection (1A) shall be postponed by such period as they think fit.

A date may not be postponed under this subsection by a period or periods which in total exceed 12 months.

(1A)The dates are—

(a)the date on which the scheme is to come into operation,

(b)the date as from which any particular facilities are to be provided under the scheme,

(c)the date as from which any particular services are to be provided to a particular standard under the scheme.]

(2)Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the scheme.

(3)Not later than 14 days after the date on which any such decision is made they must give notice of the decision—

(a)in at least one newspaper circulating in the area to which the scheme relates, F61...

(b)to all operators of local services who would, in their opinion, be affected by the scheme [F62, and]

[F62(c)to a traffic commissioner]

Textual Amendments

F59S. 117 heading substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 16(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

F60S. 117(1)(1A) substituted for s. 117(1) (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 16(1), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

118 Effect of scheme.E+W

[F63(1)The authority or authorities must—

(a)provide each of the specified facilities not later than the date specified for its provision under the scheme, and

(b)continue to provide it throughout the remainder of the period for which the scheme is in operation.]

(2)But subsection (1) does not apply in relation to any period during which the authority or authorities are temporarily unable to provide the facilities owing to circumstances beyond their control.

(3)Nor does it apply in the case of the Secretary of State or the National Assembly for Wales if he or it is unable to provide the facilities owing to the variation or revocation of a traffic regulation order.

(4)The operator of a local service may not use facilities provided under a quality partnership scheme unless—

(a)he has given a written undertaking to [F64a traffic commissioner] [F65that, when using the facilities on any date, he will provide the service to the standard specified in the scheme as it has effect in relation to that date], and

(b)he provides the service to that standard when using the facilities, except in relation to any period during which he is temporarily unable to do so owing to circumstances beyond his control.

(5)But subsection (4) does not apply in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 116(3).

(6)Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the M2Transport Act 1985 (registration of local services) of the service concerned.

Textual Amendments

F63S. 118(1) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 17(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

F65Words in s. 118(4)(a) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 17(3), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

Commencement Information

I8S. 118 wholly in force at 26.10.2001; s. 118 not in force at Royal Assent see s. 275(1)(2); s. 118 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 118 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

Marginal Citations

119 Regulations about schemes involving existing facilities.E+W

F59

(1)The appropriate national authority may by regulations make provision about the specifying in quality partnership schemes of facilities which are already being provided before the schemes are proposed (“existing facilities”).

(2)The regulations may in particular—

(a)provide that existing facilities may not be specified if they were being provided before a date prescribed by, or determined in accordance with, the regulations,

(b)provide that particular existing facilities or classes of existing facilities may not be specified (whenever they were first provided),

(c)provide that particular existing facilities or classes of existing facilities may be specified only in circumstances prescribed by the regulations,

(d)provide that, in circumstances prescribed by the regulations, particular existing facilities or classes of existing facilities may be specified only with the consent of a person prescribed by, or determined in accordance with, the regulations, and

(e)make provision modifying any provision of sections 115 to 117 in relation to schemes which specify existing facilities.

Textual Amendments

F59S. 117 heading substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 16(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

Commencement Information

I9S. 119 wholly in force at 1.8.2001; s. 119 not in force at Royal Assent see s. 275(1)(2); s. 119 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 119 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

120 Variation or revocation of schemes.E+W

F59

(1)The authority or authorities who made a quality partnership scheme may vary the scheme if they decide that it is appropriate to do so.

(2)The authority or authorities who made a scheme may revoke it before the end of the period for which it would otherwise remain in operation if all persons who have given an undertaking to provide a service to the standard specified in the scheme consent to the revocation of the scheme; and such consent must not be unreasonably withheld.

(3)If the variation of a scheme under subsection (1) would require the making of a traffic regulation order, the variation is subject to the same procedure as the making of a scheme.

(4)Any other variation of a scheme under subsection (1), or the revocation of a scheme under subsection (2), is subject to that procedure, except to the extent that the procedure is modified by regulations made under section 122.

Textual Amendments

F59S. 117 heading substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 16(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

Commencement Information

I10S. 120 wholly in force at 26.10.2001; s. 120 not in force at Royal Assent see s. 275(1)(2); s. 120 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 120 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

121 Variation: supplementary.E+W

F59

(1)The relevant references to the authority or authorities in relation to a quality partnership scheme—

(a)include a local transport authority if it has been varied so that it relates to that authority’s area, but

(b)do not include a local transport authority if it has been varied so that it no longer relates to that authority’s area.

(2)But if (although the scheme does not relate to a local transport authority’s area) it would do by reason of a proposed variation, those references (apart from those in section 118) include that authority.

(3)The relevant references (apart from those in section 114(1) and (3)) to the authority or authorities in relation to a quality partnership scheme—

(a)include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities, but

(b)do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities.

(4)But if (although the scheme does not specify facilities which are traffic regulation facilities in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references (apart from those in section 118) include that authority.

(5)And if (although the scheme specifies facilities which are traffic regulation facilities in relation to a traffic regulation authority)—

(a)the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities has been revoked, and

(b)the scheme is proposed to be varied (but not so that it specifies other facilities which are traffic regulation facilities in relation to that authority),

the relevant references (apart from those in section 118) do not include that authority.

(6)For the purposes of this section the relevant references are those in—

(a)section 114(1) to (4),

(b)sections 115 to 120, and

(c)section 127(7),

and paragraph 27(3) of Schedule 9 to the M3Road Traffic Regulation Act 1984.

(7)In this section “traffic regulation authority” means—

(a)a metropolitan district council,

(b)the Secretary of State, or

(c)the National Assembly for Wales.

(8)For the purposes of this section facilities are traffic regulation facilities, in relation to a traffic regulation authority and a quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so.

Textual Amendments

F59S. 117 heading substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 16(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

Commencement Information

I11S. 121 wholly in force at 26.10.2001; s. 121 not in force at Royal Assent see s. 275(1)(2); s. 121 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 121 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

Marginal Citations

122 Regulations about schemes.E+W

(1)The appropriate national authority may by regulations make further provision with respect to—

(a)the procedure to be followed when making, varying or revoking quality partnership schemes,

[F66(aa)the content or operation of schemes which include a requirement falling within section 114(6)(b) or (6A),]

(b)the local services or classes of local services which must be, or may be, excluded from schemes,

(c)the conditions which must be, or may be, attached to such exclusions,

(d)the form and manner in which undertakings are to be given to [F67a traffic commissioner] in connection with schemes,

(e)the making of traffic regulation orders in connection with schemes, and

(f)such other incidental matters in connection with quality partnership schemes as the appropriate national authority thinks fit.

(2)The regulations may in particular make provision with respect to—

(a)giving notice of proposed schemes or proposed variations or revocation of schemes,

(b)objections to such proposals,

(c)the holding of inquiries or hearings into objections,

(d)modifications of such proposals,

(e)the form of schemes or variations, and

(f)giving notice of schemes which have been made or of the variation or revocation of schemes.

[F68(3)As regards schemes which include any requirement mentioned in section 114(6)(b) or (6A), regulations under subsection (1)(a) or (aa) may in particular make provision—

(a)for section 114(6B) not to apply in such circumstances as may be prescribed,

(b)requiring such schemes to include provision falling within subsection (4),

(c)for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators,

(d)in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 117, for any such requirement not to take effect unless prescribed conditions are satisfied,

(e)as to the meaning of “admissible objection” for the purposes of section 114(6B) and paragraph (c) of this subsection,

(f)as to the meaning of “relevant operator” for those purposes,

(g)as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator.

(4)The provision referred to in subsection (3)(b) is provision—

(a)as respects the setting of frequencies, timings or maximum fares to which the requirements relate,

(b)for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed,

(c)for a maximum interval before any such requirements must next be reviewed,

(d)as respects other circumstances in which any such requirements must or may be reviewed,

(e)as respects revision of any such requirements after a review.

(5)Subsections (3)(b) and (4) have effect subject to, and in accordance with, the following provisions—

(a)the revision of requirements as to frequencies, timings or maximum fares under any provision made in accordance with those subsections is not to be regarded as a variation of the scheme for the purposes of section 120 (variation or revocation of scheme), but

(b)nothing in those subsections or in paragraph (a) of this subsection shall be taken to derogate from what may be done under or by virtue of that section.

(6)The provision that may be made by virtue of subsection (3)(g) includes provision for and in connection with—

(a)the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph;

(b)the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination;

(c)the payment—

(i)by the appropriate national authority to an adjudicator, or

(ii)by the appropriate national authority or an adjudicator to an assessor,

of such remuneration as may be determined by or in accordance with the regulations.]

Textual Amendments

F66S. 122(1)(aa) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 18(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

F68S. 122(3)-(6) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 18(3), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

Modifications etc. (not altering text)

Commencement Information

I12S. 122 wholly in force at 26.10.2001; s. 122 not in force at Royal Assent see s. 275(1)(2); s. 122 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 122 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

123 Guidance about schemes.E+W

F59

(1)The appropriate national authority may issue guidance concerning the carrying out by local transport authorities and metropolitan district councils of their functions under this Part in relation to quality partnership schemes.

(2)Those authorities and councils must have regard to any such guidance.

Textual Amendments

F59S. 117 heading substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 16(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

Commencement Information

I13S. 123 wholly in force at 26.10.2001; s. 123 not in force at Royal Assent see s. 275(1)(2); s. 123 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 123 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

[F69Bus services: franchising schemesE+W

Textual Amendments

F69Ss. 123A-123X 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. 4, 26(3)

123AFranchising schemesE+W

(1)A franchising authority, or two or more franchising authorities acting jointly, may make a franchising scheme covering the whole or any part of their area, or their combined area.

(2)A franchising scheme may not be made unless the franchising authority or authorities have complied with the requirements in sections 123B to 123G.

(3)A franchising scheme is a scheme—

(a)under which the authority or authorities identify the local services that they consider appropriate to be provided in an area under local service contracts,

(b)by virtue of which those local services may only be provided in that area in accordance with local service contracts (subject to section 123O),

(c)by virtue of which the authority or authorities may grant service permits for other local services which have a stopping place in that area (subject to section 123H(5)), and

(d)under which the authority or authorities identify additional facilities that they consider appropriate to provide in that area.

(4)In this Part “franchising authority” means—

(a)a mayoral combined authority,

(b)a county council in England for an area for which there are district councils,

(c)a county council in England for an area for which there is no district council,

(d)a non-metropolitan district council for an area for which there is no county council,

(e)an Integrated Transport Authority for an integrated transport area in England, or

(f)a combined authority which is not a mayoral combined authority.

But each of paragraphs (b) to (f) has effect only if the Secretary of State by regulations so provides.

(5)In this Part “local service contract”, in relation to a franchising scheme, means an agreement that complies with section 123K(1) to (3) under which—

(a)the franchising authority or authorities grant to another person the exclusive right to operate the local services to which the contract relates, and

(b)the person undertakes to provide the local services on such terms (including in particular as to frequency, fares and standard of service) as may be specified in the agreement.

(6)The terms as to standard of service that may be specified include terms about requirements which vehicles being used to provide the service must meet, including requirements about emissions or types of fuel or power.

(7)A local service contract may be made on terms which include provision for the making of payments by the authority or authorities to the person undertaking to provide the local service.

(8)Section 88(1) of the Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) does not apply in relation to local service contracts.

(9)A franchising scheme must include a description of the franchising authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working.

(10)A franchising authority's functions under this Part in relation to a franchising scheme are excluded from the functions to which section 101(1)(b) of the Local Government Act 1972 applies, where the franchising authority is a local authority within the meaning of section 101 of the Local Government Act 1972.

123BAssessment of proposed schemeE+W

(1)A franchising authority or authorities that propose to make a franchising scheme covering the whole or any part of their area, or combined area, must prepare an assessment of the proposed scheme.

(2)The assessment must—

(a)describe the effects that the proposed scheme is likely to produce, and

(b)compare making the proposed scheme to one or more other courses of action.

(3)The assessment must also include consideration of—

(a)whether the proposed scheme would contribute to the implementation of—

(i)the authority's or authorities' policies under section 108(1)(a), and

(ii)other policies affecting local services that the authority or authorities have adopted and published,

(b)whether the proposed scheme would contribute to the implementation by neighbouring relevant local authorities of—

(i)those authorities' policies under section 108(1)(a), and

(ii)other policies affecting local services that those authorities have adopted and published,

(c)how the authority or authorities would make and operate the proposed scheme,

(d)whether the authority or authorities would be able to afford to make and operate the scheme,

(e)whether the proposed scheme would represent value for money, and

(f)the extent to which the authority or authorities are likely to be able to secure that local services are operated under local service contracts.

(4)Subsections (2) and (3) do not prevent inclusion of other matters.

(5)The Secretary of State must issue guidance concerning the preparation of an assessment under this section, and that guidance may, in particular, include guidance about methods to be used when assessing a proposed scheme.

(6)Franchising authorities must have regard to any such guidance.

(7)In this section “relevant local authority” means—

(a)a local transport authority,

(b)a London transport authority, or

(c)a council in Scotland.

123CConsent of the Secretary of State and noticeE+W

(1)A franchising authority or authorities may not prepare an assessment of a proposed franchising scheme under section 123B unless the Secretary of State consents to their doing so.

(2)The Secretary of State's consent is not required if the proposed scheme relates only to—

(a)the area of a mayoral combined authority, or

(b)the combined area of two or more mayoral combined authorities.

(3)The Secretary of State must publish a notice of a consent given under this section.

(4)Before preparing an assessment of a proposed franchising scheme under section 123B, the authority or authorities must publish, in such manner as they consider appropriate, a notice stating that they intend to prepare such an assessment.

123DAuditE+W

(1)If, after preparing an assessment of a proposed franchising scheme under section 123B, the authority or authorities wish to proceed with the proposed scheme, they must obtain a report from an independent auditor on that assessment.

(2)The auditor's report must state whether, in the opinion of the auditor—

(a)the information relied on by the authority or authorities in considering the matters referred to in section 123B(3)(d) or (e) is of sufficient quality,

(b)the analysis of that information in the assessment is of sufficient quality, and

(c)the authority or authorities had due regard to guidance issued under section 123B in preparing the assessment.

(3)The Secretary of State must issue guidance as to the matters to be taken into account by a franchising authority when selecting a person to act as an auditor.

(4)Franchising authorities must have regard to any such guidance.

(5)The Secretary of State must issue guidance concerning the matters to be taken into account by an auditor when forming an opinion as to whether the information relied on, and the analysis of that information, by an authority is of sufficient quality for the purposes of subsection (2).

(6)Auditors must have regard to any such guidance.

(7)For the purposes of this section an auditor is independent, in relation to an assessment of a proposed franchising scheme, if the person would not be disqualified from acting as local auditor of the accounts of the franchising authority, or any of the franchising authorities, under section 1214 of the Companies Act 2006 as substituted by paragraph 5 of Schedule 5 to the Local Audit and Accountability Act 2014.

(8)In this section “auditor” means a person eligible for appointment as a local auditor by virtue of Chapter 2 of Part 42 of the Companies Act 2006 as modified by Schedule 5 to the Local Audit and Accountability Act 2014.

123EConsultationE+W

(1)This section applies if, after obtaining an auditor's report under section 123D, the authority or authorities wish to proceed with the proposed franchising scheme.

(2)The authority or authorities must—

(a)publish a consultation document relating to the proposed scheme (see section 123F),

(b)publish the assessment of the proposed scheme,

(c)publish the auditor's report on that assessment, and

(d)give notice of the proposed scheme in such manner as the authority or authorities consider appropriate for bringing it to the attention of persons in the area to which it relates.

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

(a)describe the proposed scheme, and

(b)state where copies of the proposed scheme and the documents mentioned in subsection (2)(a) to (c) may be inspected.

(4)After giving notice under subsection (2)(d), the authority or authorities must consult—

(a)all persons operating local services in the area or areas to which the proposed scheme relates,

(b)all other persons holding a PSV operator's licence or a community bus permit who would, in the opinion of the authority or authorities, be affected by the proposed scheme,

(c)such persons as appear to the authority or authorities to represent employees of persons falling within paragraph (a),

(d)such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(e)any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by the proposed scheme,

(f)a traffic commissioner,

(g)the chief officer of police for each police area covering the whole or part of an area to which the proposed scheme relates,

(h)the Passengers' Council, and

(i)the Competition and Markets Authority.

(5)In subsection (4)(e) “relevant local authority” means—

(a)a local transport authority,

(b)a district council,

(c)a National Park authority,

(d)the Broads Authority,

(e)a London transport authority, or

(f)a council in Scotland.

(6)The authority or authorities may modify the proposed scheme after consulting those persons and organisations.

123FConsultation documentE+W

(1)A consultation document under section 123E(2)(a) relating to a proposed franchising scheme must include—

(a)a description of the area to which the proposed scheme relates,

(b)a description of areas within that area for which different provision is proposed to be made, if such provision is proposed to be included in the proposed scheme,

(c)a description of the local services that are proposed to be provided under local service contracts,

(d)a description of the local services that are proposed to be excepted from regulation arising because of the proposed scheme,

(e)the date on which the scheme is proposed to be made,

(f)the date or dates by which it is proposed that local service contracts first be entered into,

(g)the period or periods it is proposed will expire between the making of local service contracts and the provision of local services under such contracts,

(h)a description of the authority's or authorities' proposed plans for consulting in order to seek views on how well the scheme is working,

(i)a statement about how, in conducting the procurement process for the provision of local services, the authority or authorities propose to facilitate the involvement of small and medium-sized operators in the provision of local services, and

(j)the date by which responses to the consultation must be received.

(2)The consultation document must also include a summary of the assessment prepared under section 123B in relation to the proposed scheme.

123GResponse to consultationE+W

(1)A franchising authority or authorities that conduct a consultation under section 123E must publish a report setting out—

(a)the authority's or authorities' response to the consultation;

(b)the authority's or authorities' decision on whether to make a franchising scheme covering the whole or any part of their area or combined area.

(2)The authority or authorities must give notice of the report to a traffic commissioner.

(3)If the authority or authorities decide to make a franchising scheme, the report must set out how, in conducting the procurement process for the provision of local services, the authority or authorities will facilitate the involvement of small and medium-sized operators in the provision of local services.

(4)If a franchising authority are a mayoral combined authority, the function of deciding whether to make a proposed franchising scheme is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to make a scheme jointly with one or more other franchising authorities).

123HMaking and publication of schemeE+W

(1)If the authority or authorities publishing a report under section 123G have decided to make a franchising scheme covering the whole or any part of their area or combined area, they must make the scheme, and publish it, at the same time as the report under section 123G.

(2)The scheme must specify—

(a)the area to which the scheme relates,

(b)the local services intended to be provided under local service contracts,

(c)the date on which local service contracts relating to local services may first be entered into (subject to subsection (3)(b)), and

(d)the minimum period that is to expire between the making of a local service contract and the provision of a local service under the contract (subject to subsection (3)(c)).

(3)The scheme may specify—

(a)areas within the area to which the scheme relates (“scheme sub-areas”),

(b)for each scheme sub-area, the date on which a local service contract to provide a local service in that scheme sub-area may first be entered into, and

(c)for each scheme sub-area, the minimum period that is to expire between the making of a local service contract to provide such a service and the provision of such a service under the contract.

(4)A scheme may not specify under subsection (2)(d) or (3)(c) a period of less than six months.

(5)Subject to regulations under section 123U, the scheme may except from regulation arising because of the scheme—

(a)local services specified in the scheme, and

(b)local services of a class specified in the scheme.

(6)If the franchising scheme relates to an area to which a relevant scheme or plan also relates, the franchising scheme must include—

(a)in a case where the relevant scheme or plan relates only to the area to which the franchising scheme relates or a part of that area, provision revoking the relevant scheme or plan, or

(b)in any other case, provision varying the relevant scheme or plan so that it ceases to relate to any part of the area to which the franchising scheme relates.

(7)A franchising scheme may not otherwise vary a relevant scheme or plan.

(8)In subsections (6) and (7)—

  • relevant plan” means an enhanced partnership plan, and

  • relevant scheme” means an advanced quality partnership scheme or an enhanced partnership scheme.

(9)If provision is made under subsection (6)(b) to vary an enhanced partnership plan or scheme so that it ceases to relate to an area, the local transport authority or authorities to whose area or combined area the plan or, in the case of a scheme, the related plan continues to relate may vary the plan or, as the case may be, the scheme in such manner as they consider appropriate in consequence of the provision made under subsection (6)(b).

(10)Section 138K(3) applies, and section 138K(4), (5) and (8) do not apply, to a variation under subsection (9).

123IPostponement of local service contractsE+W

(1)If it appears to the authority or authorities that have made a franchising scheme appropriate to do so, they may decide that—

(a)the date specified under section 123H(2)(c), or

(b)a date specified under section 123H(3)(b),

is to be postponed (or further postponed).

(2)Before making such a decision they must (if possible) consult—

(a)persons operating local services who would, in their opinion, be affected by the decision;

(b)other persons whom, in their opinion, it would be appropriate to consult.

(3)Within a period of 14 days beginning with the date on which any such decision is made they must give notice of the decision—

(a)in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates,

(b)to all persons operating local services who would, in their opinion, be affected by the decision, and

(c)to a traffic commissioner.

(4)The notice must include a statement of the reasons for making the decision.

123JEffect of local service contracts: registration requirements and provision of servicesE+W

(1)Where a franchising scheme has been made, subsections (2) and (3) apply as soon as the effective time of any local service contract to which the franchising scheme relates is reached, subject to subsection (4).

(2)Sections 6 to 9 of the Transport Act 1985 (registration of local services) do not have effect in relation to the area to which the franchising scheme relates.

(3)No local service may be provided in the area to which the franchising scheme relates (if there is a stopping place for the service in that area) unless—

(a)it is provided under a local service contract,

(b)it is an interim service (see section 123O), or

(c)it is provided under a service permit (see section 123P).

(4)If the scheme provides for scheme sub-areas, subsections (2) and (3) apply in relation to each scheme sub-area as soon as the effective time of any local service contract for the provision of a local service in that scheme sub-area is reached, as if references in subsections (2) and (3) to the area to which the scheme relates were references to the scheme sub-area.

(5)Subsections (2) and (3) do not apply in relation to—

(a)a local service which is excepted from regulation arising because of the proposed scheme by any provision of the scheme that is made under section 123H(5), or

(b)the use of a vehicle under a permit granted under section 22 of the Transport Act 1985.

(6)If it appears to a franchising authority that—

(a)a person is operating or has operated a local service in contravention of subsection (3), and

(b)in operating that local service, the person is failing or has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening subsection (3),

the authority must inform a traffic commissioner.

(7)The effective time, in relation to a local service contract, is the beginning of the day on which a local service may first be provided under the contract (see sections 123K(4) and 123L).

123KLocal service contractsE+W

(1)If a franchising scheme covers the whole or part of the combined area of two or more franchising authorities, a local service contract for a local service specified in the scheme is to be entered by the authorities acting jointly.

(2)A franchising authority or authorities may only enter into a local service contract with a person who is the holder of either—

(a)a PSV operator's licence, or

(b)a community bus permit.

(3)But subsection (2)(a) does not include a licence to which a condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licences) prohibiting the holder from using vehicles under the licence to provide local services of all descriptions or of any description to which the condition relates.

(4)A person may not provide a local service under a local service contract until—

(a)the expiry of the period that, under the scheme, must expire between the making of the contract and the provision of the local service under the contract (see section 123H(2)(d) and (3)(c)), or

(b)such later time as may be specified in the contract.

(5)Subsection (4) is subject to section 123L.

(6)If—

(a)a franchising authority or authorities enter into a local service contract, and

(b)the contract is—

(i)the first contract for the provision of a local service specified in the scheme that is entered into, or

(ii)for any scheme sub-area, the first contract for the provision of a local service specified in relation to that scheme sub-area that is entered into,

they must give notice of the contract to a traffic commissioner.

(7)A notice under subsection (6) must be given within a period of 14 days beginning with the date on which the local service contract in question is entered into.

123LExceptions to section 123KE+W

(1)A local service contract may specify as the time when a local service may first be provided under the contract a time before the expiry of such period as is described in section 123K(4)(a), and that service may be provided from that time, if the authority or authorities determine that action is urgently required for the purpose of—

(a)maintaining an existing service,

(b)securing the provision of a service in place of a service which has ceased to operate, or

(c)securing the provision of a service to meet any public transport requirement which has arisen unexpectedly and ought in the opinion of the authority to be met without delay.

(2)A determination under subsection (1) must be made at or before the time that the authority or authorities enter into the contract.

123MVariation of schemeE+W

(1)The franchising authority or authorities operating a franchising scheme may vary, or acting jointly may vary, the scheme.

(2)If the authority or authorities decide to vary a franchising scheme, the authority or authorities must—

(a)publish a notice of the decision, and

(b)give notice of the decision to a traffic commissioner.

(3)The notice of the decision must state the date on which the variations of the scheme are to have effect.

(4)The date must fall after a period of six months beginning with the date on which notice of the decision is published.

(5)The notice must be published, and notice must be given to a traffic commissioner, within a period of 14 days beginning with the date on which the decision was made.

(6)If a franchising authority are a mayoral combined authority, the function of deciding whether to make a proposed variation is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to act jointly to vary a scheme).

(7)The references in subsections (1) to (6) to the franchising authority or authorities in relation to a franchising scheme include a reference to a franchising authority who are not operating the scheme but would do so under a proposed variation.

(8)The variation of a franchising scheme is subject to the same procedure as the making of a franchising scheme, except that—

(a)the procedure may be modified or excluded in its application to the variation of a scheme by regulations under section 123U,

(b)sections 123B, 123C, 123D and 123F(2) do not apply, and

(c)section 123G(3) does not apply.

(9)If the variation of a franchising scheme would involve adding an area to the area to which the scheme relates, subsection (8) has effect in relation to the variation but without subsection (8)(b).

123NRevocation of schemeE+W

(1)The franchising authority or authorities operating a franchising scheme may revoke, or acting jointly may revoke, the franchising scheme.

(2)The authority or authorities may revoke the scheme only if they are satisfied that—

(a)local services in the area to which the scheme relates are likely to be better if the scheme did not apply,

(b)the continued operation of the scheme is likely to cause financial difficulties for the authority or any of the authorities, or

(c)the burdens of continuing with the scheme are likely to outweigh the benefits of doing so.

(3)If the authority or authorities decide to revoke a franchising scheme, the authority or authorities must—

(a)publish a notice of the decision, and

(b)give notice of the decision to a traffic commissioner.

(4)The notice of the decision must state the date on which the revocation is to have effect.

(5)The date of revocation must fall after a period of six months beginning with the date on which notice of the decision is published.

(6)The notice must be published, and notice must be given to a traffic commissioner, within a period of 14 days beginning with the date on which the decision was made.

(7)If a franchising authority are a mayoral combined authority, the function of deciding whether to make a proposed revocation is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to act jointly to revoke a scheme).

(8)The revocation of a franchising scheme is subject to the same procedure as the making of a franchising scheme, except that—

(a)the procedure may be modified or excluded in its application to the revocation of a scheme by regulations under section 123U, and

(b)section 123G(3) does not apply.

123OInterim services and replacement servicesE+W

(1)This section applies if—

(a)a franchising authority or authorities have entered into a local service contract with another person (“the operator”) about providing a local service (“the original service”) for a period, and

(b)the operator fails to provide the original service or ceases to provide the original service before the end of the period.

(2)The authority, or any one of the authorities, may provide a local service (an “interim service”) in the place of the original service or a part of it.

(3)Subsection (2) has effect notwithstanding any prohibition, restriction or limitation on the power of the authority to provide local services contained in any other enactment, apart from the restriction in section 22 of the Bus Services Act 2017.

(4)A franchising authority providing an interim service must have a PSV operator's licence to which no condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licence) prohibiting the authority from using vehicles under the licence to provide services of that description.

(5)A franchising authority may not provide an interim service after the end of the period of six months beginning with the day on which the authority begins to provide the service, subject to subsection (7).

(6)If—

(a)an interim service is provided, and

(b)the authority or authorities decide to enter into a local service contract with another person for the provision of a local service (a “replacement service”) that would replace the original service or a part of it,

section 123K(4) does not apply in relation to the provision of the replacement service.

(7)If the authority or authorities enter into a local service contract for the provision of a replacement service, the authority or the authority providing the interim service may continue to provide it until the replacement service begins to be provided.

(8)An interim service or replacement service need not be identical to the original service, or the part of the original service, that is replaced by the interim service or the replacement service (and such a change is not to be regarded as a variation of the scheme for the purposes of section 123M).

(9)In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

123PService permitsE+W

(1)This section applies where a franchising scheme covers the whole or part of the area or combined area of a franchising authority or authorities.

(2)The authority or authorities, acting jointly, may grant a permit (a “service permit”) authorising a person to provide a local service in the area to which the scheme relates.

123QApplication for service permitE+W

(1)An application for a service permit authorising a person to provide a particular local service in an area to which a franchising scheme relates must be made in such manner as the authority or authorities operating the scheme may determine.

(2)An application must be accompanied by such information as the authority or authorities operating the scheme may specify.

(3)If the authority or authorities so require, an application for a service permit must be accompanied by a fee for processing the application of an amount that is determined in accordance with regulations made by the Secretary of State.

(4)Regulations under subsection (3) may specify the maximum amount of the fee.

(5)The authority or authorities must grant the service permit applied for if they are satisfied that—

(a)the proposed service will benefit persons making journeys on local services in the area to which the scheme relates, and

(b)the proposed service will not have an adverse effect on any local service that is provided under a local service contract in the area to which the scheme relates.

(6)The authority or authorities may not grant the service permit applied for if they are not satisfied as to the matters in subsection (5)(a) and (b).

(7)If the authority or authorities do not grant a service permit, they must give notice of their reasons to the applicant within a period of ten days beginning with the date on which they decide not to grant the service permit.

123RConditionsE+W

(1)A franchising authority or authorities may publish a notice specifying the conditions, or descriptions of conditions, that they may attach to a service permit.

(2)A franchising authority or authorities may—

(a)withdraw a notice under subsection (1), and

(b)if an earlier notice under subsection (1) is withdrawn, publish another notice under subsection (1).

(3)A franchising authority or authorities may only specify in a notice under subsection (1) conditions that are specified, or are of a description specified, in regulations made by the Secretary of State.

(4)Regulations under subsection (3) may in particular provide for conditions requiring holders of service permits to participate in ticketing arrangements.

(5)Before the authority or authorities publish a notice under subsection (1) (or withdraw such a notice), they must consult—

(a)persons operating local services in the area to which the scheme relates, and

(b)other persons whom, in their opinion, it would be appropriate to consult.

(6)If a notice under subsection (1) is published, the franchising authority or authorities may attach to—

(a)a service permit granted by them after the notice is published, or

(b)a service permit already granted by them,

conditions, or conditions of a description, specified in the notice.

(7)If a notice under subsection (1) is withdrawn, conditions attached to service permits granted by the franchising authority or authorities before it was withdrawn cease to have effect (subject to being attached again under subsection (6)(b)).

(8)If the authority or authorities grant a service permit with conditions, they must give notice of their reasons for doing so to the applicant within a period of 14 days beginning with the date on which they grant the service permit with those conditions.

(9)If the authority or authorities attach conditions to a service permit after it is granted, they must give notice of their reasons for doing so to the holder of the service permit within a period of 14 days beginning with the date on which they attach those conditions.

123SRevocation and suspensionE+W

(1)A franchising authority or authorities may revoke or suspend a service permit granted by them.

(2)The grounds on which a franchising authority or authorities may revoke or suspend a service permit are—

(a)that a matter in section 123Q(5)(a) or (b) is not satisfied as regards the service to which the service permit relates,

(b)that the holder of the service permit has failed to comply with a condition attached to the service permit, and

(c)that the public would be endangered if the service continued to operate.

(3)The Secretary of State may by regulations make provision about the period of notice that must expire before a revocation or suspension takes effect.

(4)The regulations may, in particular, enable a franchising authority or authorities to revoke or suspend a service permit with immediate effect if the permit is revoked or suspended on the ground mentioned in subsection (2)(c).

(5)A service permit is of no effect during a period of suspension.

123TAppealsE+W

(1)A person whose application for a service permit is refused may appeal against the refusal.

(2)A person who is granted a service permit with conditions may appeal against the attaching of the conditions or any of them.

(3)A person to whose service permit conditions are attached after the service permit is granted may appeal against the attaching of the conditions or any of them.

(4)A person whose service permit is revoked or suspended may appeal against the revocation or suspension.

(5)An appeal under subsection (1), (2), (3) or (4) is to be made to a traffic commissioner.

(6)On an appeal under subsection (1), (2), (3) or (4), a traffic commissioner may—

(a)uphold the decision,

(b)quash the decision, or

(c)substitute a decision for the decision made.

(7)The Secretary of State may by regulations make provision about appeals under this section including, in particular, provision—

(a)as to the time within which an appeal to a traffic commissioner must be brought,

(b)enabling a traffic commissioner to hold a hearing,

(c)requiring a traffic commissioner to hold a hearing if requested by the appellant,

(d)as to the time within which a hearing must be held, and

(e)as to the time within which an appeal must be determined.

(8)A person may appeal to the Upper Tribunal against a decision of a traffic commissioner under subsection (6).

(9)For the purposes of section 13(2) of the Tribunals, Courts and Enforcement Act 2007 (appeals to Court of Appeal etc against decisions of the Upper Tribunal) the following persons are to be treated as parties to a case—

(a)the person who appealed under subsection (1), (2), (3) or (4),

(b)the franchising authority or authorities whose decision was appealed, and

(c)a traffic commissioner.

123URegulations about schemesE+W

(1)The Secretary of State may by regulations make further provision with respect to—

(a)the procedure to be followed when making, varying or revoking franchising schemes,

(b)the local services or classes of local services which are to be, or may be, excepted from regulation arising because of the scheme, and

(c)such other incidental matters in connection with franchising schemes as the Secretary of State thinks fit.

(2)The regulations may in particular make provision with respect to—

(a)giving notice of proposed schemes or the proposed variation or revocation of schemes,

(b)modifications of such proposals,

(c)the form of schemes or variations, and

(d)giving notice of schemes which have been made or of the variation or revocation of schemes.

(3)The Secretary of State may by regulations make further provision with respect to service permits.

(4)The Secretary of State may also make regulations modifying or excluding the application of provisions of this Part, so far as relating to franchising schemes, in cases where a franchising authority, or two or more franchising authorities acting jointly—

(a)propose or decide to vary or revoke a scheme under section 123M or 123N, or

(b)having varied a scheme under section 123M, propose or decide to postpone a date on which a local service contract to provide a local service specified in the scheme may first be entered into.

123VTransitional provision about schemesE+W

(1)The Secretary of State may by regulations make such transitional provision as the Secretary of State considers appropriate in connection with—

(a)the making of franchising schemes,

(b)the application of section 123J in relation to an area (effect of local service contracts: sections 6 to 9 of the Transport Act 1985 and provision of services),

(c)the variation of franchising schemes, and

(d)the revocation of franchising schemes.

(2)The regulations may in particular provide that in prescribed circumstances—

(a)any provision of sections 6 to 9 of the Transport Act 1985 (registration of local services), or of sections 89 to 92 of that Act (obligation to invite tenders etc), which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or

(b)any such provision which would not otherwise have effect is to have effect or is to have effect with such modifications as may be prescribed,

in relation to the whole or any part of the area to which the scheme relates.

(3)Regulations made by virtue of subsection (2) may in particular provide for the period in section 6(8)(a) of the Transport Act 1985 to be, for applications to vary or cancel the registration of services that have one or more stopping places in the area to which a franchising scheme relates, the period specified in a notice issued by the authority or authorities that made the franchising scheme.

(4)The regulations may impose requirements in relation to notices issued as mentioned in subsection (3) that include (but are not limited to) requirements—

(a)as to the time when the notice may be issued,

(b)as to the publication of the notice,

(c)as to sending a copy of the notice to a traffic commissioner, and

(d)as to the period, not exceeding 112 days, that may be specified in the notice.

(5)Regulations made by virtue of subsection (2) may in particular provide for cases where local services continue to be provided in an area under local service contracts after a franchising scheme—

(a)is revoked, or

(b)is varied so as no longer to relate to that area.

(6)The regulations may—

(a)prohibit the registration of a service, or a variation of the registration of a service, under section 6 of the Transport Act 1985 so far as the service, or the service as varied, would be provided in that area, except in a case where the service, or the service as varied, would be a service that, under the scheme as it had effect before it was revoked or varied, could have been provided in that area under a local service contract, and

(b)require a traffic commissioner to register a service on an application by a person who, immediately before the scheme was revoked or varied, provided the same service under a service permit.

(7)Any regulations made by virtue of subsection (1)(a) are not to have effect in the case of any franchising scheme as respects any time before the making of the scheme.

123WGuidance about schemesE+W

(1)The Secretary of State may issue guidance concerning the exercise by franchising authorities of their functions under this Part in relation to franchising schemes.

(2)Franchising authorities must have regard to any such guidance.

123XLocal service contracts: application of TUPEE+W

(1)Subsection (3) applies to a situation in which—

(a)at the effective time of a local service contract, local services cease to be provided by a person (the “former operator”) in—

(i)the area to which the relevant franchising scheme relates, or

(ii)in the case of a franchising scheme which provides for scheme sub-areas, the relevant scheme sub-area,

in accordance with section 123J(3), and

(b)at the same time, a person (the “new operator”) begins to provide local services in that area under that local service contract.

(2)Subsection (3) also applies to a situation in which—

(a)local services which, at the effective time of a local service contract, a person (the “former operator”) would be required by section 123J(3) to cease providing in—

(i)the area mentioned in subsection (1)(a)(i), or

(ii)the area mentioned in subsection (1)(a)(ii) (as the case may be),

cease to be provided by the former operator before the effective time of that local service contract, and

(b)at the same time as those local services cease to be provided by the former operator, a person (the “new operator”) begins to provide local services in that area under an agreement which the authority or authorities operating the relevant franchising scheme entered into by reason of the cessation of the local services referred to in paragraph (a).

(3)Any situation to which this subsection applies is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) (whether or not TUPE would apply apart from this subsection).

(4)For the purposes of TUPE, the organised grouping of employees that is subject to the relevant transfer consists of those employees of the former operator whose employment is principally connected with the provision of the local services referred to in subsection (1)(a) or (as the case may be) the local services referred to in subsection (2)(a).

(5)Any situation which by virtue of this section is treated as a relevant transfer for the purposes of TUPE is also to be treated as a relevant transfer within the meaning of TUPE for the purposes of—

(a)sections 257 and 258 of the Pensions Act 2004, and

(b)any regulations made under section 258 of that Act.

(6)The Secretary of State may make regulations supplementing the provision made by this section.

(7)The provision that may be made by regulations under subsection (6) includes—

(a)provision for determining, for the purposes of subsection (4), whether a person's employment is principally connected with the provision of any particular local services (including provision for or in connection with the appointment of a person to make such determination);

(b)provision for determining, in the case of any particular organised grouping of employees, the particular new operator who is to be the transferee for the purposes of TUPE (including provision for or in connection with the appointment of a person to make such determination);

(c)provision requiring any person operating local services in the area to which a franchising scheme relates to provide the authority or authorities operating the scheme with such information as may be prescribed, at such time as may be prescribed, about such of that person's employees as would fall within subsection (4) if the person ceased to provide those services in the circumstances described in subsection (1)(a);

(d)provision requiring the authority or authorities operating a franchising scheme to provide all persons operating local services in the area to which the scheme relates with such information as may be prescribed, at such time as may be prescribed, so as to enable such persons to comply with any requirement imposed by virtue of paragraph (c) of this subsection;

(e)provision requiring the authority or authorities operating a franchising scheme to ensure that any local service contract entered into with a person under the scheme, or any other agreement made with a person for the provision of local services in the area to which the scheme relates, is made on terms—

(i)that require the person, in the event of there being any transferring employees, to secure pension protection for every transferring employee, or every transferring employee of a prescribed description, who as an employee of the former operator had rights to acquire pension benefits, and

(ii)that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee.

(8)For the purposes of this section—

(a)transferring employee” means an employee of a former operator whose contract of employment becomes, either by virtue of TUPE or by virtue of this section, a contract of employment with a new operator;

(b)“pension protection” is secured for a transferring employee if after the change of employer referred to in paragraph (a)—

(i)the employee has, as an employee of the new operator, rights to acquire pension benefits, and

(ii)those rights are of such description as is prescribed by regulations.

(9)The Secretary of State must exercise the power conferred by this section to make regulations containing provision falling within subsection (7)(e) so as to ensure—

(a)that pension protection is required to be secured for every transferring original employee who, as an employee of the original operator, had rights to acquire pension benefits, and

(b)that the rights to acquire pension benefits which a transferring original employee has as an employee of the new operator by virtue of paragraph (a) are rights which—

(i)are the same as the rights the transferring original employee had as an employee of the original operator, or

(ii)under provision made by regulations, count as being broadly comparable to, or better than, those rights.

(10)For the purposes of subsection (9)—

  • transferring original employee” means a transferring employee—

    (a)

    who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant franchising scheme relates, and

    (b)

    whose contract of employment—

    (i)

    was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, or

    (ii)

    on each occasion when the employee was subject to a relevant transfer became, either by virtue of TUPE or by virtue of this section, a contract of employment with a person providing local services in the area referred to in paragraph (a);

  • relevant date”, in relation to a franchising scheme, means—

    (a)

    the date on which the scheme was made, or

    (b)

    where—

    (i)

    the local services being provided by the original operator were not subject to the scheme when it was made, and

    (ii)

    as a result of the variation of the scheme, those services became subject to the scheme,

    the date on which that variation was made;

  • relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE.]

Bus services: quality contracts schemes [F70 in Wales] E+W

Textual Amendments

F70Words in s. 124 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), s. 26(3), Sch. 2 para. 6

124 Quality contracts schemes.E+W

(1)A local transport authority [F71for an area in Wales], or two or more such authorities acting jointly, may make a quality contracts scheme covering the whole or any part of their area, or combined area, if they are satisfied that—

[F72(a)the proposed scheme will result in an increase in the use of bus services (see subsection (9B)) in the area to which the proposed scheme relates,]

[F72(b)the proposed scheme will bring benefits to persons using local services in the area to which the proposed scheme relates, by improving the quality of those services,]

[F72(c)the proposed scheme will contribute to the implementation of the local transport policies of the authority or authorities,]

[F72(d)the proposed scheme will contribute to the implementation of those policies in a way which is economic, efficient and effective, and]

[F72(e)any adverse effects of the proposed scheme on operators will be proportionate to the improvement in the well-being of persons living or working in the area to which the proposed scheme relates and, in particular, to the achievement of the objectives mentioned in paragraphs (a) to (d).]

F73(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F73(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F74(2)A quality contracts scheme may not be made unless the authority or authorities—

(a)have complied with the requirements of section 125, [F75and]

(b)F76... have obtained the approval of the Welsh Ministers in accordance with section 126, F77 . . .]

F77(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A quality contracts scheme is a scheme under which—

(a)the authority or authorities determine what local services should be provided in the area to which the scheme relates and any additional facilities or services which should be provided in that area, and

(b)local services may only be provided in that area in accordance with quality contracts (subject to section 127(4) [F79and section 132C]).

(4)In this Part “quality contract”, in relation to a quality contracts scheme, means an agreement entered into under section 130 or 131 under which—

(a)the authority or authorities grant to another person the exclusive right to operate the local services to which the contract relates, and

(b)that person undertakes to provide the services on such terms (including in particular as to frequency, fares and standard of service) as may be specified in the agreement.

(5)A quality contract may be made on terms—

(a)which include provision for the making of payments by the authority or authorities to the person undertaking to provide the local service, and

(b)requiring one or more of the parties to provide additional facilities or services.

(6)Section 88(1) of the M4Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) does not apply in relation to quality contracts.

(7)The authority or authorities must keep under review the extent to which quality contracts entered into by them are complied with.

(8)In carrying out their functions under this Part in relation to quality contracts schemes, local transport authorities must co-operate with one another.

(9)In considering whether to make a quality contracts scheme, a local transport authority [F80for an area in Wales] must have regard to the desirability, in appropriate cases, of making a scheme jointly with another [F81such ] authority.

F82(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F83(9B)The reference in subsection (1)(a) to increasing the use of bus services includes a reference to reducing, arresting or reversing decline in the use of bus services.]

F84(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Words in s. 124(1) 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), s. 26(3), Sch. 2 para. 7(2)

F72S. 124(1)(a)-(e) substituted for s. 124(1)(a)(b) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 19(2), 134(4); S.I. 2009/3242, art. 2(1)(a)

F73S. 124(1A)(1B) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(3)

F74S. 124(2)(2A) substituted for s. 124(2) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 19(3), 134(4); S.I. 2009/3242, art. 2(1)(a)

F75Word in s. 124(2)(a) 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), s. 26(3), Sch. 2 para. 7(4)(a)

F76Words in s. 124(2)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(4)(b)

F77S. 124(2)(c) and word omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(4)(c)

F78S. 124(2A) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(5)

F79Words in s. 124(3)(b) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 19(4), 134(4); S.I. 2009/3242, art. 2(1)(a)

F80Words in s. 124(9) 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), s. 26(3), Sch. 2 para. 7(6)(a)

F81Word in s. 124(9) 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), s. 26(3), Sch. 2 para. 7(6)(b)

F82S. 124(9A) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(7)

F85S. 124(11)-(13) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 7(8)

Modifications etc. (not altering text)

Commencement Information

I14S. 124 partly in force; s. 124 not in force at Royal Assent see s. 275(1)(2); s. 124 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 3; s. 124 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

Marginal Citations

125 Notice and consultation requirements.E+W

(1)If an authority or authorities propose to make a quality contracts scheme, [F86they must—]

[F86(a)publish, in such manner as they think fit, a consultation document complying with subsection (1A),]

[F86(b)supply a copy of that document to each of the persons mentioned in subsection (3),] [F87and]

[F86(c)give notice in accordance with subsection (2) of the proposed scheme in at least one newspaper circulating in the area to which it relates, F88...]

F88( d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F89(1A)The consultation document mentioned in subsection (1)(a) must include—

(a)a description of the proposed scheme;

(b)a statement of the reasons why the authority or authorities are satisfied that the conditions in subsection (1) F90... of section 124 are met;

(c)a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the implementation of the scheme;

(d)a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;

(e)a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—

(i)any estimated income from fares, and

(ii)any grants from Ministers of the Crown or government departments,

any remaining funding required to implement the scheme can be provided from other resources available to the authority or authorities;

(f)the date by which any written responses to the consultation must be submitted to the authority or authorities.]

[F89(1B)The description of the proposed scheme contained in the consultation document in accordance with subsection (1A)(a) must include—

(a)an outline of the local services which are proposed to be provided under it;

(b)a statement of any proposed exclusions from the scheme by virtue of section 127(4).]

[F89(1C)In subsection (1A)(e) “chief finance officer”, in relation to a local transport authority, means that officer of the authority who is responsible under—

(a)section 151 of the Local Government Act 1972, or

(b)section 73 of the Local Government Act 1985,

for making arrangements for the proper administration of the financial affairs of the authority.]

(2)The notice must—

(a)describe the proposed scheme, [F91and]

(b)state where a copy of the scheme [F92and the consultation document ] may be inspected, F93...

F93(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)After giving notice of the proposed scheme, the authority or authorities must consult—

(a)all persons operating local services in the area to which it relates,

(b)all other persons holding a PSV operator’s licence or a community bus permit who would, in the opinion of the authority or authorities, be affected by it,

(c)such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(d)any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,

(e)F94... [F95a traffic commissioner],

(f)the chief officer of police for each police area covering the whole or part of [F96the area to which the proposed scheme relates], and

(g)such other persons as the authority or authorities think fit.

(4)For the purpose of subsection (3)(d) the following are relevant local authorities—

(a)local transport authorities,

(b)district councils in England,

(c)London transport authorities, and

(d)councils in Scotland.

(5)The authority or authorities may modify the proposed scheme following those consultations.

Textual Amendments

F86Words in s. 125(1) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(2), 134(4); S.I. 2009/3242, art. 2(1)(a) (with art. 3)

F87Word in s. 125(1)(b) 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), s. 26(3), Sch. 2 para. 8(a)(i)

F88S. 125(1)(d) and word omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 8(a)(ii)

F89S. 125(1A)-(1C) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(3), 134(4); S.I. 2009/3242, art. 2(1)(a) (with art. 3)

F90Words in s. 125(1A)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 8(b)

F91Word in s. 125(2)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(4)(a), 134(4); S.I. 2009/3242, art. 2(1)(a) (with art. 3)

F92Words in s. 125(2)(b) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(4)(b), 134(4); S.I. 2009/3242, art. 2(1)(a) (with art. 3)

F94Words in s. 125(3)(e) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 8(c)

Commencement Information

I15S. 125 partly in force; s. 125 not in force at Royal Assent see s. 275(1)(2); s. 125 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 3; s. 125 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

126 [F97Approval of proposed schemes for areas in Wales]E+W

F98(A1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1)If, having complied with [F99the requirements of] section 125, the authority or authorities wish to proceed with the proposed scheme, they must apply to the appropriate national authority for its approval.

(2)The application must include—

(a)their reasons for wishing to make the scheme, and

(b)such other information as the appropriate national authority may reasonably require.

(3)Any person [F100who was consulted, or who is aggrieved at not being consulted,] under section 125(3) may make written representations to the appropriate national authority about the scheme.

(4)The appropriate national authority may approve the proposed scheme, with or without modifications, if it is satisfied that—

(a)the conditions set out in [F101paragraphs (a) to (e)] of section 124(1) F102... are met, and

(b)it is in the interests of the public that the scheme is made.

(5)If the appropriate national authority proposes to approve the scheme with modifications, it must first inform the authority or authorities and they must—

(a)consult such of the persons they consulted under section 125(3) as would, in their opinion, be affected by those modifications, and

(b)inform the appropriate national authority as to the outcome of that consultation.

(6)After being informed of that outcome the appropriate national authority may approve the scheme either with those modifications or without modifications.

Textual Amendments

F97S. 126 heading substituted (11.1.2010 for E.) by virtue of Local Transport Act 2008 (c. 26), ss. 21(6), 134(4); S.I. 2009/3242, art. 2(1)(a)

F98S. 126(A1) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 9

F99Words in s. 126(1) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 21(3), 134(4); S.I. 2009/3242, art. 2(1)(a)

F100Words in s. 126(3) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 21(4), 134(4); S.I. 2009/3242, art. 2(1)(a)

F101Words in s. 126(4)(a) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 21(5)(a), 134(4); S.I. 2009/3242, art. 2(1)(a)

F102Words in s. 126(4)(a) repealed (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 21(5)(b), 134(4), Sch. 7 Pt. 2; S.I. 2009/3242, art. 2(1)(a)

Commencement Information

I16S. 126 partly in force; s. 126 not in force at Royal Assent see s. 275(1)(2); s. 126 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 3; s. 126 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

126ABoards for proposed schemes for areas in EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103126BAdvice by boards or their CommissionersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103Ss. 126A-126E omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 10

F103126CRequests for boards to begin consideration etc of proposed schemesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103Ss. 126A-126E omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 10

F103126DConsideration of proposed schemes by boardsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103Ss. 126A-126E omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 10

F103126EPractice and procedure of boardsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103Ss. 126A-126E omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 10

127 Making of scheme.E+W

[F104(1)The authority or authorities who proposed the scheme may make it—

F105(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F106... in accordance with the requirements of subsection (1B).]

F107(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F104(1B)If—

F108(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Welsh Ministers approve the scheme under section 126,

the authority or authorities who proposed it may make it, as approved, at any time not later than 6 months after the date of the approval.]

(2)The scheme must specify—

(a)the area to which it relates,

[F109(b)the date on which it is to come into operation or, if the scheme provides for different provisions to come into operation on different dates, or on different dates for different purposes, those dates in the case of each provision, and]

(c)the period for which it is to remain in operation, which must not be more than ten years [F110from the earliest date on which the scheme or any of its provisions comes into operation.]

[F111(2A)No date that is to be specified under subsection (2)(b) may be earlier than 6 months after the scheme is made.]

(3)The scheme must outline—

(a)the local services which are to be provided under quality contracts, and

(b)the features of the proposed invitations to tender for quality contracts.

[F112(3A)The scheme must specify the date or dates on which it is proposed that the authority or authorities will issue invitations to tender for the provision of any services to which the scheme relates (see section 130).]

(4)The scheme may provide that—

(a)local services specified in it, or

(b)local services of a class specified in it,

are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.

(5)The scheme may contain such ancillary provisions as the authority or authorities think fit.

(6)The scheme may include provision—

(a)varying or revoking any quality partnership scheme which only relates to the area of the authority, or combined area of the authorities, by which the scheme is made, or

(b)varying any other quality partnership scheme to the extent that it so relates.

(7)If provision is made under subsection (6)(b) to vary the quality partnership scheme so that it no longer so relates, such of the authorities by which it was made as did not make the quality contracts scheme—

(a)may (subject to the provision so made) vary it if they decide that it is appropriate to do so, or

(b)may revoke it if all persons who have given an undertaking to provide a service to a standard specified in the scheme consent to the revocation of the scheme (which consent must not be unreasonably withheld);

and subsections (3) and (4) of section 120 apply to a variation or revocation under this subsection.

(8)Not later than 14 days after the date on which the scheme is made, the authority or authorities must—

(a)give notice in at least one newspaper circulating in the area to which the scheme relates, and

(b)send a copy of the scheme to [F113a traffic commissioner].

(9)The notice must state—

(a)that the scheme has been made,

(b)where a copy of the scheme may be inspected, and

[F114(c)the date or dates on which the scheme, or the different provisions of the scheme, are to come into operation.]

[F115(10)The appropriate national authority may by order vary any of the periods mentioned in subsection F116... (1B) or (2A).]

Textual Amendments

F104S. 127(1)-(1B) substituted for s. 127(1) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(2), 134(4); S.I. 2009/3242, art. 2(1)(a)

F105S. 127(1)(a) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 11(a)

F106Words in s. 127(1)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 11(b)

F107S. 127(1A) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 11(c)

F108S. 127(1B)(a) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 11(d)

F109S. 127(2)(b) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(3), 134(4); S.I. 2009/3242, art. 2(1)(a)

F110Words in s. 127(2)(c) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(4), 134(4); S.I. 2009/3242, art. 2(1)(a)

F114S. 127(9)(c) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(7), 134(4); S.I. 2009/3242, art. 2(1)(a)

F115S. 127(10) substituted (26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 26(8), 134(1)(c)(4); S.I. 2009/3242, art. 2(1)(a)

F116Word in s. 127(10) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 11(e)

Commencement Information

I17S. 127 partly in force; s. 127 not in force at Royal Assent see s. 275(1)(2); s. 127 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 3; s. 127 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

F117127AAppeals against the making of schemes for areas in EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F117Ss. 127A, 127B omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 12

F117127BPowers of the Transport Tribunal on an appeal under section 127AE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F117Ss. 127A, 127B omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 12

128 Postponement of scheme.E+W

(1)If it appears to the authority or authorities who made the scheme appropriate to do so, they may decide that the date on which the scheme [F118, or any particular provision of the scheme,] would otherwise come into operation [F119, or come into operation for any particular purpose or purposes,] shall be postponed by such period as they think fit (subject to any provision of regulations made under subsection (4)).

(2)Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the decision.

(3)Not later than 14 days after the date on which any such decision is made they must give notice of the decision—

(a)in at least one newspaper circulating in the area to which the scheme relates, F120...

(b)to all operators of local services who would, in their opinion, be affected by the decision [F121, and]

[F121(c)to a traffic commissioner]

(4)The appropriate national authority may by regulations make provision with respect to postponements under subsection (1).

(5)The regulations may in particular make provision—

(a)as to the maximum period of postponements, and

(b)requiring authorities to re-issue invitations to tender in accordance with section 130.

Textual Amendments

F118Words in s. 128(1) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 28(a), 134(4); S.I. 2009/3242, art. 2(1)(a)

F119Words in s. 128(1) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 28(b), 134(4); S.I. 2009/3242, art. 2(1)(a)

Commencement Information

I18S. 128 partly in force; s. 128 not in force at Royal Assent see s. 275(1)(2); s. 128(4) wholly in force and s. 128(1)-(3)(5) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 2, 3; s. 128 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

129 Effect of scheme.E+W

(1)During any period in which the scheme [F122, or (in the case of a scheme which provides for different provisions to come into operation on different dates) any provision of the scheme,] is in operation—

(a)sections 6 to 9 of the M5Transport Act 1985 (registration of local services) do not have effect in relation to [F123the area to which the scheme, or that provision, relates], and

(b)no local service shall be provided in that area (if there is a stopping place for the service in that area) unless it is provided under a quality contract [F124or is an interim service (see section 132C)].

(2)But subsection (1) does not apply [F125]

[F125(a)so as to prevent the application of sections 6 to 9 of the Transport Act 1985 in relation to any service by virtue or in consequence of section 6B of that Act (application for registration or variation where quality contracts scheme in force),]

[F125(b)so as to prevent the provision of any service registered under section 6 of the Transport Act 1985 by virtue of section 6B of that Act, or]

[F125(c)]in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 127(4). 

(3)Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the M6Transport Act 1985 of the service concerned.

[F126(4)The authority or authorities must invite tenders in accordance with section 130 not later than—

(a)three months, or

(b)such other period as the appropriate national authority may by order specify,

after the scheme has been made. ]

Textual Amendments

F122Words in s. 129(1) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 29(2)(a), 134(4); S.I. 2009/3242, art. 2(1)(a)

F123Words in s. 129(1)(a) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 29(2)(b), 134(4); S.I. 2009/3242, art. 2(1)(a)

F124Words in s. 129(1)(b) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 29(2)(c), 134(4); S.I. 2009/3242, art. 2(1)(a)

F125Words in s. 129(2) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 29(3), 134(4); S.I. 2009/3242, art. 2(1)(a)

Commencement Information

I19S. 129 partly in force; s. 129 not in force at Royal Assent see s. 275(1)(2); s. 129 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 3; s. 129 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

Marginal Citations

130 Tendering for quality contracts.E+W

(1)The authority, or the authorities acting jointly, must invite tenders for the provision of services to which the scheme[F127, or each provision of the scheme,] relates for such period and on such basis as may be specified in the invitation to tender.

(2)The period specified must not exceed [F12810] years.

(3)Subject to subsection (4), such an invitation—

(a)must be issued generally, in such manner as the authority or authorities consider appropriate for bringing it to the attention of persons who may be interested, and

(b)must also be issued individually to all persons who have given to that authority or any of those authorities a written notice indicating that they wish to receive invitations to tender for the provision of local services of a description to which the invitation relates.

(4)Such a notice must specify the address to which such an invitation is to be directed, and it shall be sufficient for the purposes of subsection (3)(b) if the authority or authorities send the invitation to the person giving such a notice at the address so specified.

(5)The authority or authorities may only accept a tender submitted by a person who is the holder of either—

(a)a PSV operator’s licence, or

(b)a community bus permit.

(6)But subsection (5)(a) does not include a licence to which a condition is attached under section 26 of the M7Transport Act 1985 (power of traffic commissioner to attach conditions to licences) prohibiting the holder from using vehicles under the licence to provide local services of all descriptions or of any description to which the invitation relates.

(7)After entering into a quality contract, the authority or authorities must give notice to [F129a traffic commissioner] of—

(a)the local services to be provided in accordance with the contract, and

(b)the duration of the contract.

(8)The appropriate national authority may by regulations make provision requiring authorities to publish prescribed information about tenders submitted to them in accordance with this section or about their reasons for entering into particular quality contracts.

Textual Amendments

F127Words in s. 130(1) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 30(2), 134(4); S.I. 2009/3242, art. 2(1)(a)

F128Word in s. 130(2) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 30(3), 134(4); S.I. 2009/3242, art. 2(1)(a)

Modifications etc. (not altering text)

Commencement Information

I20S. 130 partly in force; s. 130 not in force at Royal Assent see s. 275(1)(2); s. 130(8) wholly in force and s. 130(1)-(7) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 2, 3; s. 130 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

Marginal Citations

131 Exceptions from section 130.E+W

(1)Section 130 does not apply in any case where it appears to the authority or authorities that action is urgently required for the purpose of—

(a)maintaining an existing service,

(b)securing the provision of a service in place of a service which has ceased to operate, or

(c)securing the provision of a service to meet any public transport requirement which has arisen unexpectedly and ought in the opinion of the authority to be met without delay.

(2)The appropriate national authority may by regulations make provision for further exceptions from section 130, including in particular with respect to—

(a)cases in which no tender, or no acceptable tender, is submitted in response to an invitation to tender issued under section 130(1) or under any provision made by virtue of subsection (5)(a), and

(b)agreements of a prescribed description.

(3)The appropriate national authority may make regulations fixing the maximum duration of a quality contract entered into under subsection (1) or under any provision made by virtue of subsection (2).

(4)The appropriate national authority may by regulations make further provision with respect to exceptions from section 130.

(5)Regulations under subsection (4) may in particular—

(a)require authorities to invite tenders for the provision of a service which is the subject of a quality contract made under subsection (1) or under any provision made by virtue of subsection (2), and

(b)require authorities to publish prescribed information (including as to their reasons for entering into particular quality contracts) or to give notices.

Commencement Information

I21S. 131 partly in force; s. 131 not in force at Royal Assent see s. 275(1)(2); s. 131(2)(3)(4) wholly in force and s. 131(1)(5) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 2, 3; s. 131 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

[F130131AContinuation of schemes for further periodsE+W

(1)If it appears to them appropriate to do so, the authority or authorities who made a quality contracts scheme (other than any to whose area the scheme no longer relates) may decide that the scheme should continue in operation for a further period, with or without modification.

(2)Before making such a decision, they must, unless the proposal that the scheme should continue is an exempt continuation proposal (see section 131B), comply with the requirements of—

(a)section 124(2)(b) (approval by Welsh Ministers) F131...

F132(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Section 125 applies in relation to the continuation of a scheme under this section as it applies in relation to the making of a scheme, but with the following modifications—

(a)any reference to a proposal to make a scheme is to be read as a reference to a proposal for the continuation of a scheme,

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

and with the further modifications specified in subsections (4) and (5), but this is subject to such modifications or exclusions as may be prescribed by regulations under section 133.

F133(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The consultation document that is to be published by virtue of section 125(1)(a), as applied by subsection (3), must (instead of complying with section 125(1A)) include—

(a)a description of the scheme, together with any proposed modifications to it;

(b)a statement of the opinion of the authority or authorities as to the effectiveness of the scheme in achieving the objectives set out in paragraphs (a) to (e) of section 124(1) F134... up to the date of the report;

(c)a statement of the reasons why they are satisfied that the scheme as proposed to be continued (with any proposed modifications) will meet the conditions in subsection (1) F135... of section 124;

(d)a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the continuation of the scheme;

(e)a statement of the period for which it is proposed that the scheme should continue in operation, which must not be more than a further 10 years;

(f)if the authority or authorities consider that the proposal for the scheme to continue is an exempt continuation proposal, a statement of that fact;

(g)a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;

(h)a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—

(i)any estimated income from fares, and

(ii)any grants from Ministers of the Crown or government departments,

any remaining funding required to continue the scheme in operation can be provided from other resources available to the authority or authorities;

(i)the date by which any written responses to the consultation must be submitted to the authority or authorities.

(6)For the purposes of this section—

(a)subsection (1B) of section 125 (matters to be included in the description of the proposed scheme) applies for the purposes of subsection (5)(a) as it applies for the purposes of subsection (1A)(a) of that section, and

(b)subsection (1C) of that section (meaning of “chief finance officer”) applies for the purposes of subsection (5)(h) as it applies for the purposes of subsection (1A)(e) of that section.

(7)The consultation document mentioned in subsection (5) must be published and supplied in accordance with section 125(1)(a) and (b) (as applied by this section) not less than 12 months before the scheme’s expiry date.

(8)For the purposes of this section, a scheme’s “expiry date” is the later of the following dates—

(a)the end of the period specified in the scheme in accordance with section 127(2)(c),

(b)if the scheme has been continuing in operation by virtue of the previous application of this section, the end of the period for which it is so continuing in operation.

(9)The period for which a scheme continues in operation by virtue of a decision under subsection (1) may begin—

(a)on such day falling before, on, or immediately after the scheme’s expiry date as the authority or authorities decide, or

(b)if the circumstances are such that the continuation of the scheme cannot begin on a day falling within paragraph (a), on such later day as the authority or authorities decide in accordance with regulations made by the appropriate national authority for the purposes of such circumstances.

(10)If the authority or authorities publish and supply a consultation document in accordance with subsection (7), the scheme remains in operation (without any modifications proposed by them under subsection (1)) until—

(a)in a case where the scheme is to continue in operation for a further period, the day before the beginning of that period, or

(b)in any other case, the scheme’s expiry date.

(11)Section 130 (tendering) applies to a scheme that continues in operation under this section (whether or not the proposal for the scheme to continue in operation was an exempt continuation proposal) but subject to regulations made by the appropriate national authority under section 133(3).]

Textual Amendments

F131Words in s. 131A(2)(a) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(a)(i)

F132S. 131A(2)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(a)(ii)

F133S. 131A(4) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(b)

F134Words in s. 131A(5)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(c)(i)

F135Words in s. 131A(5)(c) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(c)(ii)

[F136131BMeaning of “exempt continuation proposal”E+W

(1)For the purposes of this Part a proposal that a quality contracts scheme should continue in operation is an “exempt continuation proposal” if—

(a)any one or more of Conditions 1 to 3 are met and Conditions A and B are met, or

(b)the circumstances are as prescribed in regulations made by the appropriate national authority.

(2)Condition 1 is that it is not proposed that the area to which the continuation scheme relates is to be greater than the area to which the existing scheme relates.

(3)Condition 2 is that it is proposed that the area to which the continuation scheme relates is to be greater than the area to which the existing scheme relates, but—

(a)the additional area proposed to be included falls wholly within the area or combined area of the authority or authorities proposing the continuation of the scheme, and

(b)it is not proposed that under the continuation scheme any descriptions of local services are to be provided under quality contracts in addition to the descriptions of local services so provided under the existing scheme.

(4)Condition 3 is that during the period while the existing scheme has been in force—

(a)there has been a change in the area of the authority, or of any of the authorities, that last made or continued the scheme, or

(b)a different authority has become the local transport authority for some or all of the area to which the scheme relates,

but it is not proposed that under the continuation scheme any descriptions of local services are to be provided under quality contracts in addition to the descriptions of local services so provided under the existing scheme.

(5)Condition A is that it is not proposed under the continuation scheme that any local services which, immediately before the coming into force of that scheme, were unregulated services are under the continuation scheme to be provided under quality contracts.

(6)Condition B is that it is not proposed under the continuation scheme that any services which, immediately before the coming into force of that scheme, were excluded services in the case of the existing scheme are not to be excluded services in the case of the continuation scheme.

(7)In this section—

  • “the continuation scheme” means the scheme as proposed to continue in operation;

  • “excluded services”, in the case of any quality contracts scheme, means any local services, or class of local services, which are excluded from the scheme by virtue of section 127(4);

  • “the existing scheme” means—

    (a)

    the scheme as last continued or varied, or

    (b)

    if the scheme has not previously been continued or varied, the scheme as originally made;

  • “unregulated services” means any local services provided otherwise than—

    (a)

    under a contract with one or more local transport authorities, or

    (b)

    by an authority or authorities acting under section 132C(2) (power to provide interim services in exceptional circumstances);

and any reference to the coming into force of a scheme includes a reference to the coming into force of any particular provision of it.

(8)See also section 131E (which makes provision about appeals relating to exempt continuation proposals).]

Textual Amendments

F137131CContinuation of schemes for areas in England: procedureE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F137S. 131C omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 14

[F138131DContinuation of schemes for areas in Wales: procedureE+W

(1)This section has effect with respect to the continuation in operation under section 131A (or the proposed continuation in operation under that section) of a quality contracts scheme for an area in Wales (whether with or without modifications).

(2)Subsections (2) and (3) to (9) of section 127 apply in relation to the continuation of the scheme as they apply in relation to the making of a scheme, but with the modifications in subsection (4).

(3)Unless the proposal for the continuation of the scheme—

(a)is an exempt continuation proposal, or

(b)in a case where the authority or authorities have decided that the scheme should continue, was such a proposal,

subsections (1)(b) and (1B) of section 127 also apply in relation to the continuation of the scheme, and with the modifications in subsection (4).

(4)The modifications are—

(a)any reference to proposing to make a scheme is to be read as a reference to proposing the continuation of a scheme,

(b)any reference to making a scheme is to be read as a reference to deciding that a scheme should continue 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)the references in section 127(2)(b) and (9)(c) to the date or dates on which the scheme is, or provisions of the scheme are, to come into operation are to be read as references to the day decided by the authority or authorities by virtue of section 131A(9),

but further or different modifications, or exclusions, may also be made by regulations under section 133(3)(b).

(5)Subsection (6) applies in any case where—

(a)an authority or authorities propose that a quality contracts scheme for an area in Wales should continue in operation (with or without modification) under section 131A, and

(b)the proposal is not an exempt continuation proposal.

(6)In any such case, section 126 (approval by Welsh Ministers of proposed schemes for areas in Wales) applies in relation to a proposal for the continuation of a scheme as it applies in relation to a proposal to make a scheme, but with the modifications set out in subsection (7).

(7)The modifications are—

(a)any reference to a proposed scheme is to be read as a reference to a proposal for a scheme to continue in operation under section 131A;

(b)the reference in section 126(2)(a) to wishing to make a scheme is to be read as a reference to wishing that a scheme should continue in operation;

(c)any reference to any conditions set out in any paragraphs of section 124(1) 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);

(d)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 has effect by virtue of section 131A.

(8)If, acting on the basis that the proposal for the continuation of the scheme is an exempt continuation proposal, the authority or authorities decide that the scheme is to continue, they must—

(a)publish in such manner as they think fit, and within the time allowed, a notice announcing their decision on the proposal,

(b)supply a copy of that notice to each of the persons mentioned in section 125(3) as it applies by virtue of section 131A, and

(c)give notice of the decision in accordance with section 127(8) and (9).

(9)For the purposes of subsection (8)(a), the time allowed is the period of 6 months following the date of publication of the consultation document required by section 125(1)(a) as it applies by virtue of section 131A.]

Textual Amendments

[F139131EAppeals where proposed continuation considered exemptE+W

(1)This section applies where an authority or authorities who propose that a quality contracts scheme should continue in operation (with or without modifications) under section 131A—

(a)decide that the proposal is an exempt continuation proposal, and

(b)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 [F140Upper] Tribunal against—

(a)the decision of the authority or authorities that the proposal is an exempt continuation proposal, or

(b)the decision of the authority or authorities that the scheme is to continue in operation (with or without any modifications).

(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 an exempt proposal),

(b)any person who was not so consulted, but who, in the opinion of the [F141Upper] Tribunal, ought to have been so consulted.

(4)An appeal under this section may be—

(a)on a point of law, or

(b)on a question of fact.

(5)On an appeal under this section the [F142Upper] Tribunal shall have power—

(a)to make such order as they think fit, or

(b)to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct.

(6)The powers of the Tribunal on an appeal under this section include power to do any one or more of the following—

(a)dismiss the appeal in whole or in part,

(b)remit the matter to the authority or authorities with one or more directions under subsection (7),

(c)direct the authority or authorities to vary the scheme, as it continues or is to continue in operation, in such manner as the Tribunal may specify in the direction (but see subsection (8)),

(d)quash the whole or any part of the decision of the authority or authorities (but see subsection (9)).

(7)A direction under this subsection is a direction for the authority or authorities to do each of the following—

(a)consider or reconsider such matters as may be specified in the direction,

(b)as respects those matters, consult or further consult the persons mentioned in section 125(3) as it applies by virtue of section 131A in a case where the proposal is an exempt continuation proposal,

(c)make such variations of the scheme, as it continues or is to continue in operation, as may in consequence appear appropriate to the authority or authorities.

(8)The Tribunal may give a direction under this section to vary a scheme by reducing the area to which it relates only if they are of the opinion that the conditions in section 132(3) are met.

(9)The power of the Tribunal under this section to quash a decision of an authority or authorities that a scheme should continue in operation under section 131A is exercisable only if the Tribunal are of the opinion that there are defects in the scheme which are not capable of being remedied by varying the scheme under or by virtue of subsection (6)(b) or (c).

(10)If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the proposal for the scheme to continue in operation was not an exempt continuation proposal—

(a)they must allow the appeal to that extent,

(b)they must remit the matter to the authority or authorities, with or without directions, and

(c)subsections (11) to (14) have effect.

(11)The directions that the Tribunal may give under this section include—

(a)directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposal for continuation under section 131A is not an exempt continuation proposal,

(b)directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a) or (b) of subsection (1) of section 131B (meaning of “exempt continuation proposal”) is met in the case of the scheme,

(c)directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken.

(12)Where the Tribunal give directions falling within subsection (11), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order.

(13)F143... the Tribunal may not make any order which has the effect of—

(a)giving approval under section 126 as it applies by virtue of section 131D, or

(b)dispensing with the need for any such approval,

but this is without prejudice to the temporary provision that may be made in directions falling within subsection (11)(c).

(14)The appropriate national authority may make regulations with respect to the procedure to be followed in relation to a scheme in cases where the Tribunal decide that the proposal for continuation under section 131A was not an exempt continuation proposal.]

Textual Amendments

F139S. 131E inserted ( 26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 35, 134(1)(c)(4); S.I. 2009/3242, art. 2(1)(a)

F143Words in s. 131E(13) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 15

Modifications etc. (not altering text)

F144131FAppeals where proposed continuation considered non-exemptE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144S. 131F omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 16

132 Variation or revocation of scheme.E+W

(1)The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may vary it by—

(a)increasing the area to which it relates (to no greater than the whole of their area or combined area) or adding to the description of local services which are to be provided under quality contracts,

(b)reducing that area or reducing the description of services, or

(c)providing for new exclusions from the scheme or for the variation or revocation of existing exclusions.

(2)The scheme may not be varied under subsection (1)(a) unless the conditions set out in [F145[F146subsection (1)(a) to (e)] of section 124 F147... ] are met with respect to the scheme as varied.

(3)The scheme may not be varied under subsection (1)(b) unless [F148the relevant conditions]

(a)are no longer met with respect to it, but

(b)are met with respect to the scheme as varied.

(4)The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may revoke the scheme—

(a)if [F149the relevant conditions] are no longer met with respect to it,

[F150(aa)if they consider that those conditions would no longer be met with respect to it if they were to act in accordance with a direction given by the [F151Upper] Tribunal under this Part, or]

(b)if they and one or more other authorities make a quality contracts scheme covering the whole or part of the area to which it relates.

[F152(4A)In subsections (3) and (4) “the relevant conditions” means—

(a)in the case of a scheme made under section 124(1) and not subsequently [F153continued in operation under section 131A or] varied under subsection (1)(a) of this section, the conditions set out in section [F154124(1)(a) to (e)];

F155(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the case of a scheme that has been [F156continued in operation under section 131A or] varied under subsection (1)(a) of this section, the conditions by reference to which it was last so [F157continued in operation or] varied.]

[F158(5)The variation or revocation of a scheme under subsection (1) or (4) is subject to the provisions of—

F159(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)subsection (9) (areas in Wales),

except to the extent that section 132B (exemption for specific variations directed by [F160Upper] Tribunal on appeal) otherwise provides.]

F161(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F161(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F161(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F158(9)The variation or revocation of a scheme for an area in Wales—

(a)requires the approval of the Welsh Ministers, except in the case of a variation which is an exempt variation, and

(b)is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified or excluded by regulations made by the Welsh Ministers under section 133.]

[F158(10)Section 130 (tendering) applies to a varied scheme (whether or not the variation is an exempt variation) but subject to regulations made by the appropriate national authority under section 133(3).]

[F158(11)A variation of a scheme is an exempt variation for the purposes of this section if the variation is—

(a)a reduction in the area to which the scheme relates,

(b)a reduction in the descriptions of services which are to be provided under quality contracts, or

(c)the provision of new exclusions from the scheme,

and a “non-exempt variation” is any other variation of a scheme.]

[F162(12)]The appropriate national authority may by regulations provide that in prescribed circumstances quality contracts schemes may be revoked by that authority before coming into operation.

Textual Amendments

F145Words in s. 132(2) substituted (1.12.2006) by Railways Act 2005 (c. 14), ss. 39(4)(a), 60(2); S.I. 2006/2911, art. 2, Sch.

F146Words in s. 132(2) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(2), 134(4); S.I. 2009/3242, art. 2(1)(a)

F147Words in s. 132(2) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 17(a)

F148Words in s. 132(3) substituted (1.12.2006) by Railways Act 2005 (c. 14), ss. 39(4)(b), 60(2); S.I. 2006/2911, art. 2, Sch.

F149Words in s. 132(4) substituted (1.12.2006) by Railways Act 2005 (c. 14), ss. 39(4)(b), 60(2); S.I. 2006/2911, art. 2, Sch.

F150S. 132(4)(aa) substituted for word in s. 132(4)(a) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(3), 134(4); S.I. 2009/3242, art. 2(1)(a)

F153Words in s. 132(4A)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(4)(a), 134(4); S.I. 2009/3242, art. 2(1)(a)

F154Words in s. 132(4A)(a) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(4)(b), 134(4); S.I. 2009/3242, art. 2(1)(a)

F155S. 132(4A)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 17(b)

F156Words in s. 132(4A)(c) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(4)(d), 134(4); S.I. 2009/3242, art. 2(1)(a)

F157Words in s. 132(4A)(c) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(4)(e), 134(4); S.I. 2009/3242, art. 2(1)(a)

F158S. 132(5)-(11) substituted for s. 132(5) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(5), 134(4); S.I. 2009/3242, art. 2(1)(a)

F159S. 132(5)(a)-(c) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 17(c)

F161S. 132(6)-(8) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 17(d)

F162S. 132(12): s. 132(6) renumbered as s. 132(12) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(6), 134(4); S.I. 2009/3242, art. 2(1)(a)

Modifications etc. (not altering text)

Commencement Information

I22S. 132 partly in force; s. 132 not in force at Royal Assent see s. 275(1)(2); s. 132(6) wholly in force and s. 132(1)-(5) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 2, 3; s. 132 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

[F163132AAppeals where proposed variation considered exemptE+W

(1)This section applies where an authority or authorities who propose to vary a quality contracts scheme under section 132—

(a)decide that the proposal is an exempt variation for the purposes of that section, and

(b)acting on the basis of that decision, decide to vary the scheme under that section.

(2)Any person falling within subsection (3) may appeal to the [F164Upper] Tribunal against—

(a)the decision of the authority or authorities that the variation is an exempt variation for the purposes of section 132, or

(b)the decision of the authority or authorities as to the variation of the scheme under that section.

(3)The persons are—

(a)any person who was consulted under section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),

(b)any person who was not so consulted, but who, in the opinion of the [F165Upper] Tribunal, ought to have been so consulted.

(4)An appeal under this section may be—

(a)on a point of law, or

(b)on a question of fact.

(5)On an appeal under this section the [F166Upper] Tribunal shall have power—

(a)to make such order as they think fit, or

(b)to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct.

(6)The powers of the Tribunal on an appeal under this section include power to do any one or more of the following—

(a)dismiss the appeal in whole or in part,

(b)remit the matter to the authority or authorities with one or more directions under subsection (7),

(c)direct the authority or authorities to vary the scheme, to the extent of the variation made by the authority or authorities, in such manner as the Tribunal may specify in the direction (but see subsection (8)),

(d)quash the whole or any part of the decision of the authority or authorities.

(7)A direction under this subsection is a direction for the authority or authorities to do each of the following—

(a)consider or reconsider such matters as may be specified in the direction,

(b)as respects those matters, consult or further consult the persons mentioned in section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),

(c)make such variations of the scheme as may in consequence appear appropriate to the authority or authorities.

(8)The Tribunal may give a direction under this section to vary a scheme by reducing the area to which the scheme relates only if they are of the opinion that the conditions in section 132(3) are met.

(9)If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the variation was not an exempt variation for the purposes of section 132—

(a)they must allow the appeal to that extent,

(b)they must remit the matter to the authority or authorities, with or without directions, and

(c)subsections (10) to (13) have effect.

(10)The directions that the Tribunal may give under this section include—

(a)directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposed variation under section 132 is not an exempt variation,

(b)directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a), (b) or (c) of section 132(11) (meaning of “exempt variation”) is met in the case of the variation,

(c)directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken.

(11)Where the Tribunal give directions falling within subsection (10), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order.

(12)F167... the Tribunal may not make any order which has the effect of—

(a)giving approval under section 126 as it applies by virtue of section 132, or

(b)dispensing with the need for any such approval,

but this is without prejudice to the temporary provision that may be made in directions falling within subsection (10)(c).

(13)The appropriate national authority may make regulations with respect to the procedure to be followed in cases where the Tribunal decide that the variation or proposed variation was not an exempt variation for the purposes of section 132.]

Textual Amendments

F163S. 132A inserted (26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 38, 134(1)(c)(4); S.I. 2009/3242, art. 2(1)(a)

F167Words in s. 132A(12) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 18

Modifications etc. (not altering text)

[F168132BExemption from s.132 for specific variations directed by TribunalE+W

(1)This section applies in relation to any of the following appeals—

F169(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an appeal under section 131E(2)(a) against a decision that a proposal was an exempt continuation proposal,

(c)an appeal under section 131E(2)(b) against a decision that a scheme should continue in operation,

(d)an appeal under section 131F(2) against a decision that a scheme should continue in operation,

(e)an appeal by virtue of section 132 against a decision to vary a scheme,

(f)an appeal under section 132A(2)(a) against a decision that a variation was an exempt variation for the purposes of section 132,

(g)an appeal under section 132A(2)(b) against a decision as to the variation of a scheme under section 132.

(2)Where—

(a)any such appeal is made to the [F170Upper] Tribunal, and

(b)on that appeal, the Tribunal direct the authority or authorities to vary the scheme in the manner specified by the Tribunal in the direction,

nothing in section 132(5) to (9) (procedure for variation of scheme) applies in relation to the varying of the scheme in the manner specified in the direction, unless the Tribunal otherwise direct.

(3)Subsection (2) is without prejudice to any right of appeal against the decision of the [F171Upper] Tribunal.]

Textual Amendments

F169S. 132B(1)(a) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 19

Modifications etc. (not altering text)

[F172132CPower of authorities to provide services in exceptional circumstancesE+W

(1)This section applies where a person who has agreed to provide a service (“the old service”) in accordance with a quality contract ceases to do so before the end of the period for which the contract was intended to have effect.

(2)The authority, or any one of the authorities, who entered into the quality contract may, in accordance with subsections (4) to (8) and section 132D, provide a local service (an “interim service”) in place of the old service or any part of it.

(3)Subsection (2) has effect notwithstanding any prohibition, restriction or limitation contained in any other enactment on the power of the authority to provide local services.

(4)An authority who provide an interim service of any description must hold a PSV operator’s licence to which no condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licence) prohibiting the authority from using vehicles under the licence to provide services of that description.

(5)Subsection (6) applies if—

(a)an authority provide an interim service in place of an old service or any part of an old service, and

(b)the authority or authorities who entered into the quality contract for the provision of the old service propose to enter into a quality contract for the provision of a replacement service in place of that service or (as the case may be) that part.

(6)The authority, or the authorities acting jointly, must invite tenders (in accordance with section 130) for the provision of the replacement service—

(a)as soon as reasonably practicable after the authority providing the interim service begin to do so, and

(b)in any event no later than three months after the date on which provision of the old service ceased.

(7)But subsection (6) does not apply if the authority, or the authorities acting jointly, decide to secure the provision of the replacement service under section 131 (circumstances in which quality contracts may be entered into without inviting tenders).

(8)The particulars of an interim service, or of a replacement service, need not be identical to the particulars of the old service, or that part of the old service, which it replaces.

(9)In this section—

  • “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);

  • “interim service” has the meaning given by subsection (2);

  • “the old service” has the meaning given by subsection (1);

  • “replacement service” means a local service provided under a quality contract in place of an old service or any part of an old service.]

Textual Amendments

F172Ss. 132C, 132D inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 40(1), 134(4); S.I. 2009/3242, art. 2(1)(a)

[F172132DPeriod for which interim service may be providedE+W

(1)This section applies for the purpose of determining the period for which an authority may provide an interim service which is provided in place of—

(a)an old service (“the relevant service”), or

(b)part of an old service (“the relevant part”).

(2)If the authority do not, within the period of three months beginning with the date on which provision of the relevant service ceased,—

(a)enter into a quality contract to provide a replacement service in place of the relevant service or (as the case may be) the relevant part, or

(b)issue an invitation to tender in pursuance of section 132C(6),

the authority must not provide the interim service after the end of that period.

(3)If the authority enter into a quality contract to provide such a replacement service within the period mentioned in subsection (2), the authority must not provide the interim service after the earlier of the following dates—

(a)the date on which the replacement service is first provided;

(b)the date falling nine months after the date on which the interim service is first provided.

(4)If the authority issue invitations to tender in pursuance of section 132C(6) within the period mentioned in subsection (2) (but do not enter into a quality contract to provide such a replacement service within that period), the authority must not provide the interim service after the earlier of the following dates—

(a)the date on which a replacement service is first provided in place of the relevant service or (as the case may be) the relevant part;

(b)the date determined in accordance with subsection (5).

(5)The date is the later of—

(a)the date falling nine months after the date on which the interim service is first provided;

(b)such date, not later than three months after the date mentioned in paragraph (a), as may be determined by [F173a traffic commissioner] on the application of the authority.

(6)[F174A traffic commissioner] may determine a date under subsection (5)(b) only if satisfied that there is a realistic prospect that, if the determination is made, a replacement service will be provided in place of the relevant service or (as the case may be) the relevant part on or before that date.

[F175(7)Any application to a traffic commissioner under paragraph (b) of subsection (5) must be made at least one month before the date mentioned in paragraph (a) of that subsection.]

(8)The authority must not make more than one application under subsection (5)(b) in respect of any interim service.

(9)In this section—

  • “interim service” and “replacement service” have the meaning given in section 132C;

  • “the relevant service” and “the relevant part” have the meaning given in subsection (1);

and, in any case where the authority entered into the quality contract for the provision of the relevant service jointly with one or more other authorities, references in this section to the authority entering into a quality contract for a replacement service, or issuing invitations to tender for such contracts, are references to those authorities acting jointly.]

133 Regulations about schemes.E+W

(1)The appropriate national authority may by regulations make further provision with respect to—

(a)the procedure to be followed when making, [F176continuing,] varying or revoking quality contracts schemes,

(b)the approval of schemes F177...,

F178(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F178(bc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the local services or classes of local services which are to be, or may be, excluded from schemes,

(d)the conditions which must be, or may be, attached to such exclusions, and

(e)such other incidental matters in connection with quality contracts schemes as the appropriate national authority thinks fit.

(2)The regulations may in particular make provision with respect to—

(a)giving notice of proposed schemes or proposed [F179continuations,] variations or revocation of schemes,

(b)objections to such proposals,

(c)the holding of inquiries or hearings into objections,

(d)modifications of such proposals,

(e)the form and manner of applications for approval of such proposals F180...,

[F181(ee)the procedure for determining such applications,

F182(ef). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F182(eg). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F182(eh). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F182(ei). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(f)the form of schemes [F183, continuations] or variations, and

(g)giving notice of schemes which have been made or of the [F184continuation,] variation or revocation of schemes.

[F185(3)The appropriate national authority may also make regulations modifying or excluding the application of provisions of this Part, so far as relating to quality contracts schemes, in cases where a local transport authority, or two or more local transport authorities acting jointly, do any of the following—

F186(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)propose or decide that a scheme should continue in operation (with or without modification) under section 131A,

(c)propose or decide to vary or revoke a scheme under section 132.

(4)Regulations made by virtue of subsection (3) must not exclude any requirement for the authority or authorities—

(a)under section 126, to obtain the approval of the Welsh Ministers,]

F187(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F176Word in s. 133(1)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 41(2), 134(4); S.I. 2009/3242, art. 2(1)(a)

F177Words in s. 133(1)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 20(a)

F178S. 133(1)(bb)(bc) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 20(b)

F179Word in s. 133(2)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 41(5)(a), 134(4); S.I. 2009/3242, art. 2(1)(a)

F180Words in s. 133(2)(e) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 20(c)

F181S. 133(2)(ee)-(ei) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 41(5)(c), 134(4); S.I. 2009/3242, art. 2(1)(a)

F182S. 133(2)(ef)-(ei) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 20(d)

F183Word in s. 133(2)(f) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 41(5)(d), 134(4); S.I. 2009/3242, art. 2(1)(a)

F184Word in s. 133(2)(g) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 41(5)(e), 134(4); S.I. 2009/3242, art. 2(1)(a)

F185S. 133(3)(4) inserted (26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 41(6), 134(1)(c)(4); S.I. 2009/3242, art. 2(1)(a)

F186S. 133(3)(a) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 20(e)

F187S. 133(4)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 20(f)

Commencement Information

I23S. 133 wholly in force at 26.10.2001; s. 133 not in force at Royal Assent see s. 275(1)(2); s. 133 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 2; s. 133 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

134 Transitional provision about schemes.E+W

(1)The appropriate national authority may by regulations make such transitional provision as it considers appropriate in connection with—

(a)the coming into operation of quality contracts schemes [F188or of provisions of such schemes],

(b)the [F189continuation in operation or] variation of such schemes, and

(c)the ending of such schemes (whether or not as a result of their revocation).

(2)The regulations may in particular provide that in prescribed circumstances—

(a)any provision of sections 6 to 9 of the M8Transport Act 1985 (registration of local services)[F190, or of sections 89 to 92 of that Act (obligation to invite tenders etc),] which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or

(b)any such provision which would not otherwise have effect is to have effect or is to have effect with such modifications as may be prescribed,

in relation to the whole or any part of the area to which the scheme relates.

[F191(3)Any regulations made by virtue of paragraph (a) of subsection (1) are not to have effect in the case of any quality contracts scheme as respects any time before the making of the scheme.]

Textual Amendments

F188Words in s. 134(1)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 42(2), 134(4); S.I. 2009/3242, art. 2(1)(a)

F189Words in s. 134(1)(b) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 42(3), 134(4); S.I. 2009/3242, art. 2(1)(a)

F190Words in s. 134(2)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 42(4), 134(4); S.I. 2009/3242, art. 2(1)(a)

F191S. 134(3) inserted (26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 42(5), 134(1)(c)(4); S.I. 2009/3242, art. 2(1)(a)

Commencement Information

I24S. 134 wholly in force at 26.10.2001; s. 134 not in force at Royal Assent see s. 275(1)(2); s. 134 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 2; s. 134 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

Marginal Citations

[F192134AGuidance about schemesE+W

(1)The appropriate national authority may issue guidance concerning the performance by local transport authorities of their functions under this Part in relation to quality contracts schemes.

(2)Those authorities must have regard to any such guidance.]

Textual Amendments

[F193134BQuality contracts: application of TUPEE+W

(1)Subsection (3) applies to a situation in which—

(a)on the coming into force of a quality contract, local services cease to be provided by a person (the “former operator”) in the area to which the relevant quality contracts scheme, or (in the case of a scheme which provides for different provisions to come into operation on different dates) the relevant provision of the scheme, relates, in accordance with section 129(1)(b), and

(b)at the same time, a person (the “new operator”) begins to provide local services in that area under that quality contract.

(2)Subsection (3) also applies to a situation in which—

(a)local services which, on the coming into force of a quality contract, a person (the “former operator”) would be required by virtue of section 129(1)(b) to cease providing in the area mentioned in subsection (1)(a) of this section, cease to be provided by the former operator before the coming into force of that quality contract, and

(b)at the same time, a person (the “new operator”) begins to provide local services in that area under an agreement which the authority or authorities who made the relevant quality contracts scheme entered into by reason of the cessation of the local services referred to in paragraph (a).

(3)Any situation to which this subsection applies is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) (whether or not TUPE would apply apart from this subsection).

(4)For the purposes of TUPE, the organised grouping of employees that is subject to the relevant transfer consists of those employees of the former operator whose employment is principally connected with the provision of the local services referred to in subsection (1)(a) or (as the case may be) the local services referred to in subsection (2)(a).

(5)Any situation which by virtue of this section is treated as a relevant transfer for the purposes of TUPE is also to be treated as a relevant transfer within the meaning of TUPE for the purposes of sections 257 and 258 of the Pensions Act 2004 and any regulations made under section 258 of that Act.

(6)The Secretary of State may make regulations supplementing the provision made by this section.

(7)The provision that may be made by regulations under subsection (6) includes—

(a)provision for determining, for the purposes of subsection (4), whether a person's employment is principally connected with the provision of any particular local services (including provision for or in connection with the appointment of a person to make such determination);

(b)provision for determining, in the case of any particular organised grouping of employees, the particular new operator who is to be the transferee for the purposes of TUPE (including provision for or in connection with the appointment of a person to make such determination);

(c)provision requiring any person operating local services in the area to which a quality contracts scheme relates to provide the authority or authorities who made the scheme with such information as may be prescribed, at such time as may be prescribed, about such of that person's employees as would fall within subsection (4) if the person ceased to provide those services in the circumstances described in subsection (1)(a);

(d)provision requiring the authority or authorities who made a quality contracts scheme to provide all persons operating local services in the area to which the scheme relates with such information as may be prescribed, at such time as may be prescribed, so as to enable such persons to comply with any requirement imposed by virtue of paragraph (c) of this subsection;

(e)provision requiring the authority or authorities who made a quality contracts scheme to ensure that any quality contract entered into with a person under the scheme, or any other agreement made with a person for the provision of local services in the area to which the scheme relates, is made on terms—

(i)that require the person, in the event of there being any transferring employees, to secure pension protection for every transferring employee, or every transferring employee of a prescribed description, who as an employee of the former operator had rights to acquire pension benefits, and

(ii)that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee.

(8)For the purposes of this section—

(a)transferring employee” means an employee of a former operator whose contract of employment becomes, either by virtue of TUPE or by virtue of this section, a contract of employment with a new operator;

(b)“pension protection” is secured for a transferring employee if after the change of employer referred to in paragraph (a)—

(i)the employee has, as an employee of the new operator, rights to acquire pension benefits, and

(ii)those rights are of such description as is prescribed by regulations.

(9)The Secretary of State must exercise the power conferred by this section to make regulations containing provision falling within subsection (7)(e) so as to ensure—

(a)that pension protection is required to be secured for every transferring original employee who, as an employee of the original operator, had rights to acquire pension benefits, and

(b)that the rights to acquire pension benefits which a transferring original employee has as an employee of the new operator by virtue of paragraph (a) are rights which—

(i)are the same as the rights the transferring original employee had as an employee of the original operator, or

(ii)under provision made by regulations, count as being broadly comparable to, or better than, those rights.

(10)For the purposes of subsection (9)—

  • transferring original employee” means a transferring employee—

    (a)

    who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant quality contracts scheme relates, and

    (b)

    whose contract of employment—

    (i)

    was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, or

    (ii)

    on each occasion when the employee was subject to a relevant transfer became, either by virtue of TUPE or by virtue of this section, a contract of employment with a person providing local services in the area referred to in paragraph (a);

  • relevant date”, in relation to a quality contracts scheme, means—

    (a)

    the date on which the scheme was made, or

    (b)

    where—

    (i)

    the local services being provided by the original operator were not subject to the scheme when it was made, and

    (ii)

    as a result of either the variation of the scheme, or the continuation of the scheme with modifications, those services became subject to the scheme,

    the date on which that variation, or (as the case may be) the decision to continue the scheme with those modifications, was made;

  • relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE.

(11)A person is guilty of an offence under this subsection if—

(a)the person provides information in accordance with a requirement imposed by virtue of subsection (7)(c),

(b)the information is false or misleading in a material particular, and

(c)the person knows that it is or is reckless as to whether it is.

(12)A person who is guilty of an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.]

Textual Amendments

F193S. 134B inserted (26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 44(1), 134(1)(c)(4); S.I. 2009/3242, art. 2(1)(a)

[F194Bus services: advanced ticketing schemesE+W

Textual Amendments

F194Ss. 134C-134G 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. 7, 26(3)

134CAdvanced ticketing schemesE+W

(1)A local transport authority whose area is in England, or two or more such authorities acting jointly, may make a ticketing scheme (an “advanced ticketing scheme”) covering the whole or any part of their area, or combined area, if they consider that the proposed scheme—

(a)would be in the interests of the public, and

(b)would contribute to the implementation of their local transport policies.

(2)An advanced ticketing scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 134D.

(3)An advanced ticketing scheme is a scheme under which operators of local services of a class specified in it are required to make and implement arrangements under which persons may purchase, in a single transaction, a ticket (or tickets) of any of the descriptions which may be covered by an advanced ticketing scheme and to which the scheme applies.

(4)The descriptions of tickets which may be covered by an advanced ticketing scheme are—

(a)tickets entitling the holder to make more than one journey on particular local services or on local services of a class specified in the scheme (whether or not operated by the same person),

(b)tickets entitling the holder to make a particular journey on two or more local services (whether or not operated by the same person),

(c)where a particular journey could be made on local services provided by any of two or more operators, tickets entitling the holder to make the journey on whichever service the holder chooses, and

(d)tickets entitling the holder to make a journey, or more than one journey, involving both travel on one or more local services and travel by one or more connecting rail or tram services.

(5)A connecting rail or tram service, in relation to an advanced ticketing scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between—

(a)a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the ticketing scheme relates, and

(b)any other place.

(6)The arrangements in an advanced ticketing scheme may make provision for different types of ticket including, in particular—

(a)tickets that are valid for a specified period, and

(b)tickets that are valid only in a specified area.

(7)The arrangements in an advanced ticketing scheme may include—

(a)provision about enabling tickets to be purchased or fares to be paid in particular ways,

(b)provision about the persons from whom tickets may be purchased or to whom fares may be paid,

(c)provision about enabling entitlement to travel to be evidenced in particular ways,

(d)provision about providing information about the arrangements to the public,

(e)provision about publicising local services, fares or ticketing arrangements provided or made available by any operator of a local service of a class specified in the scheme, and

(f)provision as to the appearance of tickets.

(8)Different arrangements may be specified in an advanced ticketing scheme for different cases.

(9)In carrying out their functions under this Part in relation to advanced ticketing schemes, local transport authorities whose areas are in England must co-operate with one another.

(10)In carrying out their functions under this Part in relation to making or varying advanced ticketing schemes, local transport authorities must have regard to the desirability, in appropriate cases, of having a ticketing scheme that—

(a)facilitates journeys between the area to which the ticketing scheme applies and adjoining areas of England, or

(b)facilitates the adoption of similar ticketing arrangements in adjoining areas of England.

(11)In considering whether to make or vary an advanced ticketing scheme under this section, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.

Modifications etc. (not altering text)

C32S. 134C: power to modify conferred (27.4.2017) by Bus Services Act 2017 (c. 21), ss. 24(3), 26(1)(b)

C33S. 134C(1) functions made exercisable concurrently (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 7(1)(a)

C34S.134C(9)-(11) applied (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 7(3)(a)

134DNotice and consultation requirementsE+W

(1)If a local transport authority for an area in England, or two or more such authorities, propose to make an advanced ticketing scheme under section 134C, they must give notice of the proposed scheme in such manner as they consider appropriate for bringing it to the attention of persons in the area to which it relates.

(2)The notice must specify the date on which the scheme is proposed to come into operation.

(3)After giving notice of the proposed scheme, the authority or authorities must consult—

(a)all operators of local services who would, in the opinion of the authority or authorities, be affected by it,

(b)such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(c)any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by the proposed scheme,

(d)the Passengers' Council,

(e)the Competition and Markets Authority, and

(f)a traffic commissioner.

(4)For the purpose of subsection (3)(c) the following are relevant local authorities—

(a)local transport authorities,

(b)district councils in England,

(c)National Park authorities,

(d)the Broads Authority,

(e)London transport authorities, and

(f)councils in Scotland.

Modifications etc. (not altering text)

134EMaking of schemeE+W

(1)If, after consulting in accordance with section 134D, the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.

(2)If the scheme applies to tickets within section 134C(4)(d), it may only be made with the agreement of the operators of the connecting rail or tram services concerned.

(3)The scheme must specify the date on which it is to come into operation, which must not be earlier than three months after the date on which it is made.

(4)Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of the making of the scheme—

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

(b)to a traffic commissioner,

(c)to all operators of local services or services for the carriage of passengers by railway or by tramway (or by both) who would, in the opinion of the authority or authorities, be affected by it, and

(d)to the Secretary of State if it applies to tickets within section 134C(4)(d).

(5)The notice must set out the terms of the scheme and the date on which it is to come into operation.

(6)The authority or authorities to whose area or combined area the scheme relates may vary or revoke the scheme.

(7)If the proposed variation would result in the scheme relating to all or part of the area of another local transport authority, the reference in subsection (6) to the authority or authorities includes that other authority.

(8)The variation or revocation is subject to the same procedure as the making of the scheme and in the application of that procedure—

(a)a reference in sections 134C(1) to (9) and 134D and subsections (1) to (5) to making a scheme is to be treated as a reference to varying or revoking a scheme,

(b)a reference in those provisions to the proposed scheme is to be treated as a reference to the scheme as proposed to be varied or to the proposed revocation of the scheme, and

(c)a reference in those provisions to the date on which a scheme comes into operation is to be treated as a reference to the date on which the scheme as varied comes into operation or the date on which the scheme comes to an end.

Modifications etc. (not altering text)

134FEffect of schemeE+W

During any period in which an advanced ticketing scheme is in operation, operators of local services to which the scheme relates must make and implement the arrangements required by the scheme.

Modifications etc. (not altering text)

134GGuidanceE+W

(1)The Secretary of State may issue guidance concerning the exercise by local transport authorities of their functions under this Part in relation to advanced ticketing schemes.

(2)The authorities must have regard to any such guidance in exercising those functions.]

Modifications etc. (not altering text)

Bus services: ticketing schemesE+W

135 Joint and through ticketing schemes.E+W

(1)A local transport authority, or two or more such authorities acting jointly, may make a ticketing scheme covering the whole or any part of their area, or combined area, if they consider that the proposed scheme—

(a)would be in the interests of the public, and

[F195(b)would contribute to the implementation of their local transport policies]

[F196(but this is subject to subsection (1A)).]

[F197(1A)A local transport authority whose area is in England may exercise the power to make a ticketing scheme only if—

(a)they are acting jointly with one or more other local transport authorities, and

(b)at least one of those other local transport authorities is an authority whose area is in Wales.]

(2)A ticketing scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 136.

(3)A ticketing scheme is a scheme under which operators of local services of a class specified in it are required to make and implement arrangements under which persons may purchase, in a single transaction, a ticket (or tickets) of any of the descriptions which may be covered by a ticketing scheme and to which the scheme applies.

(4)The descriptions of tickets which may be covered by a ticketing scheme are—

(a)tickets entitling the holder to make more than one journey on particular local services or on local services of a class specified in the scheme (whether or not operated by the same person),

(b)tickets entitling the holder to make a particular journey on two or more local services (whether or not operated by the same person),

(c)where a particular journey could be made on local services provided by any of two or more operators, tickets entitling the holder to make the journey on whichever service the holder chooses, and

(d)tickets entitling the holder to make a journey, or more than one journey, involving both travel on one or more local services and travel by one or more connecting rail or tram services.

(5)A connecting rail or tram service, in relation to a ticketing scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between—

(a)a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the ticketing scheme relates, and

(b)any other place.

(6)Different arrangements may be specified in a ticketing scheme for different cases.

(7)In carrying out their functions under this Part in relation to ticketing schemes, local transport authorities must co-operate with one another.

(8)In considering whether to make a ticketing scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.

Textual Amendments

F196Words in s. 135(1) 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), s. 26(3), Sch. 3 para. 4(2)

F197S. 135(1A) 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), s. 26(3), Sch. 3 para. 4(3)

Modifications etc. (not altering text)

C37S. 135: power to modify conferred (27.4.2017) by Bus Services Act 2017 (c. 21), ss. 24(2), 26(1)(b)

Commencement Information

I25S. 135 wholly in force at 1.8.2001; s. 135 not in force at Royal Assent see s. 275(1)(2); s. 135 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 135 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4

136 Notice and consultation requirements.E+W

(1)If an authority or authorities propose to make a ticketing scheme, they must give notice of the proposed scheme in at least one newspaper circulating in the area to which it relates.

(2)The notice must specify the date on which the scheme is proposed to come into operation.

(3)After giving notice of the proposed scheme, the authority or authorities must consult—

(a)all operators of local services who would, in the opinion of the authority or authorities, be affected by it,

(b)such organisations appearing to the authority or authorities to be representative of users of local services as they think fit, and

[F198(c)a traffic commissioner.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I26S. 136 wholly in force at 1.8.2001; s. 136 not in force at Royal Assent see s. 275(1)(2); s. 136 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 136 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4

137 Making of scheme.E+W

(1)If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.

(2)If the scheme applies to tickets within section 135(4)(d), it may only be made with the agreement of the operators of the connecting rail or tram services concerned.

(3)The scheme must specify the date on which it is to come into operation, which must not be earlier than three months after the date on which it is made.

(4)Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of it—

(a)in at least one newspaper circulating in the area to which it relates,

[F199(b)to a traffic commissioner.]

(c)to all operators of local services or services for the carriage of passengers by railway or by tramway (or by both) who would, in the opinion of the authority or authorities, be affected by it,

(d)to the [F200Secretary of State] if it applies to tickets within section 135(4)(d), and

(e)in such other manner, or to such other persons or class of person, (if any) as the appropriate national authority may prescribe by regulations.

(5)The notice must set out the terms of the scheme and the date on which it is to come into operation.

(6)The authority or authorities may vary or revoke the scheme; and the variation or revocation is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified by regulations made by the appropriate national authority.

Textual Amendments

F200Words in s. 137(4)(d) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(2); S.I. 2005/1909, art. 2, Sch.

Modifications etc. (not altering text)

Commencement Information

I27S. 137 wholly in force at 1.8.2001; s. 137 not in force at Royal Assent see s. 275(1)(2); s. 137 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 137 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4

138 Effect of scheme.E+W

During any period in which a ticketing scheme is in operation, operators of local services to which the scheme relates must make and implement the arrangements required by the scheme.

Commencement Information

I28S. 138 wholly in force at 1.8.2001; s. 138 not in force at Royal Assent see s. 275(1)(2); s. 138 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 138 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4

[F201Bus services: enhanced partnership plans and schemesE+W

Textual Amendments

F201Ss. 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)

138AEnhanced partnership plans and schemesE+W

(1)A local transport authority whose area is in England, or two or more such authorities acting jointly, may make—

(a)an enhanced partnership plan in relation to the whole or part of their area, or combined area, and

(b)one or more enhanced partnership schemes relating to the whole or part of the area to which the plan relates.

(2)A local transport authority or authorities who have made an enhanced partnership plan may make further enhanced partnership schemes relating to the whole or part of the area to which the plan relates.

(3)An enhanced partnership plan is a plan that—

(a)specifies the area and the period to which the plan relates,

(b)sets out an analysis of the local services provided in that area,

(c)sets out policies relating to local services in that area,

(d)sets out objectives as regards the quality and effectiveness of local services provided in that area by reference to that period,

(e)describes how the related enhanced partnership scheme or schemes is or are intended to assist in implementing those policies and achieving those objectives, and

(f)describes the intended effect of the related enhanced partnership scheme or schemes on areas neighbouring the area to which the plan relates.

(4)An enhanced partnership plan must state whether the plan is to be reviewed and, if so—

(a)specify how it is to be reviewed, and

(b)specify the dates by which reviews are to be completed.

(5)An enhanced partnership scheme is a scheme that—

(a)specifies the area to which the scheme relates, and

(b)imposes requirements in relation to local services that have one or more stopping places in that area by specifying them in the scheme (see section 138C).

(6)An enhanced partnership scheme may also—

(a)require the authority or authorities to provide particular facilities in the area to which the scheme relates (see section 138D),

(b)require the authority or authorities to take particular measures in relation to routes in the whole or part of that area that are served, or might be served, by local services (see section 138D), and

(c)include provision about its variation or revocation (see section 138E).

(7)An enhanced partnership scheme must state whether the operation of the scheme is to be reviewed and, if so—

(a)specify how it is to be reviewed, and

(b)specify the dates by which reviews are to be completed.

(8)An enhanced partnership plan must include a description of the authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the plan and any related scheme are working.

(9)An enhanced partnership scheme may not be made unless the authority or authorities are satisfied that the scheme will contribute to the implementation of—

(a)the policies set out in the related enhanced partnership plan, and

(b)their local transport policies.

(10)An enhanced partnership scheme may not be made unless the authority or authorities are satisfied that the scheme will—

(a)bring benefits to persons using local services in the whole or any part of the area to which the scheme relates by improving the quality or effectiveness of those services, or

(b)reduce or limit traffic congestion, noise or air pollution.

(11)An enhanced partnership plan or scheme may not be made unless the authority or authorities have complied with the requirements in—

(a)section 138F (preparation, notice and consultation), and

(b)section 138G(1) to (4) (making of plan and scheme).

(12)An enhanced partnership plan may not be made without also making an enhanced partnership scheme.

(13)In carrying out their functions under this Part in relation to enhanced partnership plans or schemes local transport authorities must co-operate with each other.

(14)Before making an enhanced partnership plan, a local transport authority must have regard to the desirability, in appropriate cases, of making an enhanced partnership plan and enhanced partnership schemes jointly with one or more other local transport authorities.

138BFurther parties to a schemeE+W

(1)Subsection (2) applies if—

(a)the provision of any of the facilities specified in an enhanced partnership scheme, or

(b)the taking of any of the measures specified in such a scheme,

requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State is the traffic authority).

(2)Where this subsection applies, the scheme may not be made unless it is made by—

(a)the local transport authority or authorities, and

(b)the metropolitan district council for the district,

acting jointly.

(3)Subsection (4) applies if—

(a)the provision of any of the facilities specified in an enhanced partnership scheme, or

(b)the taking of any of the measures specified in such a scheme,

requires the making of a traffic regulation order in respect of a road for which the Secretary of State is the traffic authority.

(4)Where this subsection applies, the scheme may not be made unless it is made by—

(a)the local transport authority or authorities, and

(b)the Secretary of State,

acting jointly.

(5)Where subsection (2) or (4) applies so that a metropolitan district council or the Secretary of State makes an enhanced partnership scheme, then (subject to section 138N) the references to the authority or authorities in—

(a)sections 138A(6) and (11),

(b)sections 138F to 138J,

(c)section 138K(1) and (3) to (5),

(d)sections 138L and 138M,

(e)section 138O, and

(f)paragraph 27(4) of Schedule 9 to the Road Traffic Regulation Act 1984,

include (as well as the local transport authority or authorities) the metropolitan district council or the Secretary of State.

(6)Subsection (5) is not to be taken as affecting the area indicated by references in the provisions mentioned in that subsection to the authority's or authorities' area or combined area.

138CRequirements in respect of local servicesE+W

(1)An enhanced partnership scheme may specify under section 138A(5)(b) requirements about the frequency or timing of particular local services or local services of particular descriptions.

(2)A requirement falling within subsection (1) may, in particular, determine the frequency or timing allowed in relation to a local service—

(a)by reference only to that service, or

(b)by reference to that service and other local services, taken together.

(3)An enhanced partnership scheme may specify under section 138A(5)(b) other requirements as to the standard of services to be provided.

(4)The other requirements referred to in subsection (3) include—

(a)requirements which the vehicles being used to provide local services, or particular descriptions of local services, must meet,

(b)requirements about enabling tickets to be purchased or fares to be paid in particular ways,

(c)requirements about enabling entitlement to travel to be evidenced in particular ways,

(d)requirements about providing information to the public about local services or particular descriptions of local services,

(e)requirements as to the publicising of local services, fares or ticketing arrangements or particular descriptions of local services, fares or ticketing arrangements,

(f)requirements as to the appearance of tickets for local services or particular descriptions of local services,

(g)requirements as to the appearance of vehicles being used to provide local services or particular descriptions of local services,

(h)requirements as to the prices of multi-operator tickets,

(i)requirements as to dates upon which operators may change the timing of local services or particular descriptions of local services, and

(j)requirements as to ticketing arrangements.

(5)The requirements that may be specified under subsection (4)(a) include—

(a)requirements about providing information to passengers by placing particular electronic equipment, or electronic equipment of particular descriptions, in vehicles, and

(b)requirements about emissions or types of fuel or power.

(6)The requirements that may be specified under subsection (4)(b) include requirements about the persons from whom tickets may be purchased or to whom fares may be paid.

(7)The requirements that may be specified under subsection (4)(j) include—

(a)requirements to make arrangements for—

(i)travel to, within or through particular areas,

(ii)travel at particular times,

(iii)travel on particular local services or particular descriptions of local services,

(iv)travel on particular journeys or on particular descriptions of journey, or

(v)travel by persons of particular descriptions,

(b)requirements to make arrangements entitling persons to make a journey, or journeys, involving both travel on one or more local services and travel by one or more connecting rail or tram services, and

(c)requirements about the terms and conditions upon which such travel is made available.

(8)A connecting rail or tram service, in relation to an enhanced partnership scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between—

(a)a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the scheme relates, and

(b)any other place.

(9)The requirements that may be specified in an enhanced partnership scheme also include requirements as to operators of local services establishing and operating arrangements that facilitate the operation of the scheme.

(10)A requirement imposed by an enhanced partnership scheme has effect only in relation to so much of a local service as is provided in the area to which the scheme relates.

(11)An enhanced partnership scheme may not impose requirements in relation to the use of vehicles under permits granted under section 22 of the Transport Act 1985.

(12)In this section “multi-operator ticket” means a ticket, or a number of tickets purchased in a single transaction, entitling the holder to make a journey that involves or may involve, or journeys that involve or may involve, the use of local services provided by more than one operator.

138DFacilities and measuresE+W

(1)The facilities which may be specified in an enhanced partnership scheme—

(a)must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but

(b)may not be facilities which are required to be provided as a result of section 139 or 140.

(2)The measures which may be specified in an enhanced partnership scheme—

(a)must be measures taken for the purpose of—

(i)increasing the use of local services serving the routes to which the measures relate or ending or reducing a decline in the use of such services, or

(ii)improving the quality of local services serving the routes to which the measures relate, but

(b)may not include the provision of such facilities as are described in subsection (1)(a) or as are required to be provided as a result of section 139 or 140.

(3)The Secretary of State may by regulations make further provision about the measures which may or may not be specified in an enhanced partnership scheme.

138EProvision relating to variation or revocationE+W

(1)An enhanced partnership scheme may specify cases in which the scheme may be varied or revoked in accordance with the scheme.

(2)The scheme may provide for variation or revocation in a particular case to be subject to satisfying such conditions as the scheme specifies.

(3)The cases that may be specified under subsection (1) as regards variation include cases where the variations in question consist only of such descriptions of variation as are specified in the scheme.

(4)The conditions that may be specified under subsection (2) include conditions prohibiting variation or revocation where a number of operators of local services disagree to the variation or revocation.

138FPreparation, notice and consultationE+W

(1)If a local transport authority or authorities propose to make an enhanced partnership plan and scheme, they must—

(a)give notice of their intention to prepare a plan and scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,

(b)prepare a plan and scheme for consultation,

(c)give notice of the plan and scheme prepared to the persons who are operators of qualifying local services in the area to which the plan relates on the relevant day, and

(d)give notice of the proposal to make the plan and scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area.

(2)A notice under subsection (1)(c) must—

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

(b)state the effect of subsection (5), and

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

(3)A notice under subsection (1)(d) must—

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

(b)state where such details may be inspected.

(4)A local transport authority or authorities proposing to make an enhanced partnership plan and scheme must—

(a)invite operators of qualifying local services in the area to which the plan relates to participate in the preparation of the plan and scheme before starting to prepare them, and

(b)invite any person who becomes an operator of a qualifying local service in the area to which the plan relates while the plan and scheme are being prepared to participate in that preparation (including any person who becomes such an operator because of a change in the area to which the plan relates while the plan is being prepared).

(5)A local transport authority or authorities may not give notice of a proposal under subsection (1)(d) if, within the period for objections stated in the notice under subsection (1)(c)—

(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 prepared, 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 prepared.

(6)After giving notice of the proposed plan and scheme under subsection (1)(d), the authority or authorities must consult—

(a)all operators of local services who would, in the opinion of the authority or authorities, be affected by them,

(b)such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(c)any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by them,

(d)a traffic commissioner,

(e)the chief officer of police for each police area covering the whole or part of the area to which the plan relates,

(f)the Passengers' Council,

(g)the Competition and Markets Authority, and

(h)such other persons as the authority or authorities think fit.

(7)For the purpose of subsection (6)(c) the following are relevant local authorities—

(a)local transport authorities,

(b)district councils in England,

(c)National Park authorities,

(d)the Broads Authority,

(e)London transport authorities, and

(f)councils in Scotland.

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

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

(b)subsection (5)(a) were omitted.

(9)If a local transport authority or authorities propose 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 (5)(b) has effect as if references to the scheme were references to one of the schemes in question.

(10)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 (5)(a) or (b).

(11)Regulations under subsection (10)(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.