xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part IIE+W Local transport

Modifications etc. (not altering text)

C1Pt. 2: 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)

Bus services: quality contracts schemesE+W

127 Making of scheme.E+W

[F1(1)The authority or authorities who proposed the scheme may make it—

(a)in the case of a scheme for an area in England, in accordance with the requirements of subsection (1A);

(b)in the case of a scheme for an area in Wales, in accordance with the requirements of subsection (1B).]

[F1(1A)If the scheme is for an area in England, the authority or authorities who proposed it—

(a)must not make the scheme until they publish a response prepared by them to the report published by the QCS board under section 126D(5) in relation to the scheme, but

(b)subject to that, may make the scheme at any time not later than 6 months after the publication of that report.

Any such response must state the actions (if any) which the authority or authorities have taken in relation to each of the board's recommendations (if any) under section 126D(2) or (3).]

[F1(1B)If—

(a)the scheme is for an area in Wales, and

(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,

[F2(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 [F3from the earliest date on which the scheme or any of its provisions comes into operation.]

[F4(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.

[F5(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 the traffic commissioner for each traffic area covering the whole or part of that area.

(9)The notice must state—

(a)that the scheme has been made,

(b)where a copy of the scheme may be inspected, and

[F6(c)the date or dates on which the scheme, or the different provisions of the scheme, are to come into operation.]

[F7(10)The appropriate national authority may by order vary any of the periods mentioned in subsection (1A), (1B) or (2A).]

Textual Amendments

F1S. 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)

F2S. 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)

F3Words 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)

F4S. 127(2A) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(5), 134(4); S.I. 2009/3242, art. 2(1)(a)

F5S. 127(3A) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(6), 134(4); S.I. 2009/3242, art. 2(1)(a)

F6S. 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)

F7S. 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)

Commencement Information

I1S. 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.