Franchising schemes: procedure

Report on assessment of proposed scheme
9
1
Section 123D of the Transport Act 2000 (audit) is amended in accordance with subsections (2) to (8).
2
For subsection (1) substitute—
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
For subsection (3) substitute—
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
For subsections (7) and (8) substitute—
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.
S. 9 not in force at Royal Assent, see s. 41(5)