Franchising schemes: procedure
9Report on assessment of proposed scheme
(1)
Section 123D of the Transport Act 2000 (audit) is amended in accordance with subsections (2) to (8).
(2)
“(1)
A franchising authority, or two or more franchising authorities acting jointly, may not proceed with a proposed franchising scheme unless they have obtained a report from an independent approved person on the assessment of the proposed scheme (see section 123B).”
(3)
In subsection (2)—
(a)
omit “auditor’s”;
(b)
for “auditor” substitute “approved person”
;
(c)
in paragraph (a), for “123B(3)(d) or (e)” substitute “123B(3)(d) and (e)”
.
(4)
“(3)
The Secretary of State must issue guidance as to—
(a)
the time at which it is appropriate to appoint an approved person to produce a report for the purposes of subsection (1), and
(b)
the matters to be taken into account by a franchising authority when selecting such a person, including for the purposes of determining whether a person is independent.”
(5)
In subsection (5), for “auditor” substitute “approved person”
.
(6)
In subsection (6), for “Auditors” substitute “Approved persons”
.
(7)
“(8)
In this section “approved person” means a person specified, or of a description specified, in regulations made by the Secretary of State.”
(8)
For the heading substitute “Report on assessment of proposed scheme”
.
(9)
In section 123E of that Act (consultation)—
(a)
in subsection (1), for “an auditor’s” substitute “a”
;
(b)
in subsection (2)(c) omit “auditor’s”.
(10)
The amendments made by this section do not apply in relation to an appointment of a person as an auditor, in relation to a proposed franchising scheme, before this section comes into force.