[F1123MVariation 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).]
Textual Amendments
F1Ss. 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)