8(1)This paragraph applies to a non-metropolitan local traffic authority’s share of the net proceeds of [F1any early relevant scheme during the initial period of the scheme] [F1any relevant scheme] .E+W
(2)The share of the net proceeds is available only—
(a)for application by the authority for the purpose of directly or indirectly facilitating the achievement of [F2policies in the authority’s local transport plan] [F2local transport policies of the authority] , or
(b)for application by any authority falling within sub-paragraph (3) selected by the authority whose share it is in accordance with sub-paragraph (4).
(3)The authorities which fall within this sub-paragraph are—
(a)other non-metropolitan local traffic authorities [F3and]
[F3(aa)Integrated Transport Authorities;]
(b)London traffic authorities and the Greater London Authority.
(4)A share of the net proceeds of a relevant scheme is applied in accordance with this sub-paragraph if it is applied—
(a)by a non-metropolitan local traffic authority for the purpose of directly or indirectly facilitating the achievement of [F4any policies in its local transport plan] [F4any of its local transport policies] , [F5or]
[F5(aa)by an Integrated Transport Authority for the purpose of directly or indirectly facilitating the achievement of any of its local transport policies, or]
(b)by a London traffic authority or the Greater London Authority in accordance with the transport strategy prepared and published under section 142 of the M1Greater London Authority Act 1999,
in a way which will benefit the whole or any part of the area of the non-metropolitan local traffic authority whose share it is.
(5)[F6In this paragraph “early relevant scheme” means a relevant scheme which comes into force during the period of ten years beginning with the commencement of this Schedule.]
(6)[F6In this paragraph “the initial period”, in relation to an early relevant scheme, means—
(a)the period which begins with the date on which the relevant scheme comes into force and ends with the tenth financial year that commences on or after that date, or
(b)such longer period as may be specified in the case of the relevant scheme by the appropriate national authority.]
(7)[F6The appropriate national authority may by regulations make provision as to circumstances in which—
(a)the same scheme is to be regarded as continuing in force in spite of a variation of the scheme or the revocation and replacement (with or without modifications) of the scheme, or
(b)a different scheme is, or is not, to be regarded as coming into force,
for the purposes of determining when the initial period begins or expires in the case of a scheme.]
Textual Amendments
F1Words in Sch. 12 para. 8(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 2(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
F2Words in Sch. 12 para. 8(2)(a) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 8(2)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
F3Sch. 12 para. 8(3)(aa) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 14(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
F4Words in Sch. 12 para. 8(4)(a) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 8(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)
F5Sch. 12 para. 8(4)(aa) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 14(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)
F6Sch. 12 para. 8(5)-(7) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 2(3), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
Modifications etc. (not altering text)
C1Sch. 12 para. 8 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 17(a) (with art. 7(4))
Commencement Information
I1Sch. 12 para. 8 partly in force; Sch. 12 para. 8 not in force at Royal Assent see s. 275(1); Sch. 12 para. 8 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)
Marginal Citations
9[F7(1)Except where paragraph 8 applies, a non-metropolitan local traffic authority’s share of the net proceeds of a relevant scheme is available to be applied only as may be specified in, or determined in accordance with, regulations made by the appropriate national authority.E+W
(2)Regulations under sub-paragraph (1) may include provision conferring a discretion on any person.
(3)The provision that may be made by regulations under sub-paragraph (1) includes provision for paragraph 8 to apply with the substitution for the number for the time being mentioned in sub-paragraph (5) of that paragraph of a number of years greater than ten.
(4)A share of the net proceeds of a relevant scheme may only be applied in accordance with regulations under sub-paragraph (1) in ways which provide value for money.
(5)Before making any regulations under sub-paragraph (1), the appropriate national authority shall make an assessment of—
(a)the likely amounts of the non-metropolitan local traffic authorities’ shares of net proceeds of relevant schemes, and
(b)the potential for applying them in accordance with paragraph 8 in ways which provide value for money.
(6)The appropriate national authority may issue guidance with respect to the appraisal of whether any application by non-metropolitan local traffic authorities for any purpose of their shares of net proceeds of relevant schemes provides value for money; and non-metropolitan local traffic authorities shall, in determining how to apply such shares, have regard to any such guidance.]
Textual Amendments
F7Sch. 12 para. 9 repealed (9.2.2009 for E.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 3(3), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
Commencement Information
I2Sch. 12 para. 9 partly in force; Sch. 12 para. 9 not in force at Royal Assent see s. 275(1); Sch. 12 para. 9 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)
10(1)A relevant scheme made by one or more non-metropolitan local traffic authorities must include—E+W
(a)a general plan relating to the application of their shares of the net proceeds of the relevant scheme during the opening ten year period, and
(b)a detailed programme for the application of their shares of the net proceeds of the relevant scheme during [F8the opening transport plan period] [F8the opening five year period] .
(2)In this Schedule—
(a)“the opening ten year period” means the period which begins with the date on which the relevant scheme comes into force and ends with the tenth financial year that commences on or after that date, and
(b)[F9“the opening transport plan period” means the period which begins with that date and ends at the time by which local transport plans are next required to be replaced.]
[F9“the opening five year period” means the period which begins with that date and ends with the fifth financial year that commences on or after that date.]
(3)The order making a scheme [F10which relates to an area in Wales] shall not come into force unless and until the general plan and detailed programme required by sub-paragraph (1) have been approved by [F11the appropriate national authority] [F11the Welsh Ministers] .
Textual Amendments
F8Words in Sch. 12 para. 10(1)(b) substituted (9.2.2009 for E.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 4(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
F9Sch. 12 para. 10(2)(b) substituted (9.2.2009 for E.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 4(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
F10Words in Sch. 12 para. 10(3) inserted (9.2.2009 for E.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 4(4)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
F11Words in Sch. 12 para. 10(3) substituted (9.2.2009 for E.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 4(4)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
Modifications etc. (not altering text)
C2Sch. 12 para. 10 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 17(b) (with art. 7(4))
Commencement Information
I3Sch. 12 para. 10 partly in force; Sch. 12 para. 10 not in force at Royal Assent see s. 275(1); Sch. 12 para. 10 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)
11(1)[F12If a relevant scheme made by one or more non-metropolitan local traffic authorities remains in force after the end of the opening transport plan period, the authority or each of the authorities shall include in its local transport plan from the time when it is next replaced (for so long as the scheme remains in force) a detailed programme for the application of its share of the net proceeds of the scheme.]E+W
[F12If a relevant scheme made by one or more non-metropolitan local traffic authorities remains in force after the end of the opening five year period, the authority or each of the authorities shall, during every fifth financial year after the financial year in which the scheme comes into force, prepare a detailed programme for the application of its share of the net proceeds of the scheme during the next five years.]
[F12(2)Any programme [F13included in a local transport plan by virtue of sub-paragraph (1)] [F13prepared in accordance with sub-paragraph (1)] in relation to a relevant scheme prevails over any conflicting provisions in the general plan included in the scheme pursuant to paragraph 10(1)(a).
(3)Except with the consent of the appropriate national authority in any particular case, a non-metropolitan local traffic authority may not apply its share of the net proceeds of a scheme for any purpose (other than making good any amount to the general fund or general account of the relevant authority which made the scheme) in any financial year beginning after the end of [F14the opening plan period] [F14the opening five year period] unless it is complying with sub-paragraph (1).]
Textual Amendments
F12Sch. 12 para. 11(1) substituted (9.2.2009 for E.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 5(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
F13Words in Sch. 12 para. 11(2) substituted (9.2.2009 for E.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 5(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
F14Words in Sch. 12 para. 11(3) substituted (9.2.2009 for E.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 5(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1
Modifications etc. (not altering text)
C3Sch. 12 para. 11 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 17(c) (with art. 7(4))
Commencement Information
I4Sch. 12 para. 11 partly in force; Sch. 12 para. 11 not in force at Royal Assent see s. 275(1); Sch. 12 para. 11 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)