Enhanced partnership plans and schemes

Cancellation of registration etc
12
1
The Transport Act 1985 is amended as follows.
2
In section 6, after subsection (7A) insert—
7B
Where an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation, the registration of a service may also be cancelled under section 6E.
3
After section 6D (inserted by section 11) insert—

Cancellation and control of registration where enhanced partnership scheme is in operation
6E
1
This section applies in a case where—
a
an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation, and
b
one or more requirements imposed under section 138A(5)(b) of the Transport Act 2000 by the scheme have effect.
2
If a traffic commissioner considers that—
a
an operation requirement imposed by the scheme applies to a service registered under section 6, and
b
the service is not being provided in accordance with that requirement,
the traffic commissioner may cancel the registration of that service.
3
If a traffic commissioner considers that—
a
a route requirement imposed by the scheme applies to a service registered under section 6, and
b
that service cannot be provided in accordance with that requirement,
the traffic commissioner must cancel the registration of that service.
4
If a traffic commissioner considers that—
a
a route requirement imposed by the scheme applies to two or more services registered under section 6, and
b
those services cannot all be provided in accordance with that requirement,
the traffic commissioner must cancel the registration of those services.
5
Subject to regulations under this section, a cancellation of the registration of a service under subsection (2), (3) or (4) becomes effective on the expiry of the period beginning with the date on which a traffic commissioner gives notice to the operator of the service of the cancellation of the registration and ending with the date determined in accordance with regulations under this section.
6
Regulations under this section may make provision controlling the registration, or the variation of registration, under section 6 of local services which would, or would as varied, be subject to a route requirement by reference to which a registration or registrations was or were cancelled under subsection (3) or (4).
7
Regulations under subsection (6) may, in particular—
a
provide for the determination of the services that may be registered and the persons who may register such services;
b
provide for those matters to be determined by the local transport authority or authorities operating the enhanced partnership scheme;
c
provide for the authority or authorities to award contracts authorising persons to provide local services or local services of particular descriptions;
d
provide for services not to be registered under section 6, and for variations of registration under section 6 not to be made, in prescribed cases;
e
make provision as to the period during which the registration, or variation of registration, of local services under section 6 is subject to provision under subsection (6).
8
Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular—
a
make provision as to the procedure for cancellation under this section, including provision for giving notice of an intention to cancel unless an operator of a local service satisfies prescribed conditions;
b
make provision for cancellation under subsection (3) or (4) to be revoked if prescribed conditions are satisfied, including conditions relating to the variation or cancellation under section 6 of the registration of one or more of the services affected;
c
make provision for the time at which cancellation under subsection (3) or (4) becomes effective to be postponed in prescribed circumstances.
9
In this section—
- “local transport authority” has the meaning given in section 108(4) of the Transport Act 2000;
- “operation requirement” and “route requirement” have the same meaning as in section 6D.