Legalize / United Kingdom / Public General Act

Transport Act 2000

Type Public General Act

Publication 2000-11-30

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(6) The Welsh Ministers may issue guidance to travel concession authorities in Wales to which they must have regard in determining for the purposes of subsection (3) whether a person is a disabled person.

(7) Before issuing guidance under subsection (6) the Welsh Ministers shall consult—

(a) the Disabled Persons Transport Advisory Committee,

(b) associations representative of travel concession authorities, and

(8) A person entitled to be issued with a statutory travel concession permit by a travel concession authority in Wales may agree with the authority that he is not to be entitled to the concession specified in subsection (1) for a period in return for being entitled during that period to receive travel concessions under a scheme under section 93 of the Transport Act 1985 (if the scheme provides that a person may not receive travel concessions under the scheme unless he so agrees).

(9) The Welsh Ministers may by regulations make provision about agreements within subsection (8).

(10) The regulations may in particular make provision—

(a) requiring the serving of notices before an agreement is made,

(b) about the form of agreements, and

(11) In this section “statutory travel concession permit” means a permit issued pursuant to subsection (3).

Stamp duty land tax

40A

(1) For the purposes of stamp duty land tax, a land transaction which is effected by, or in pursuance of a scheme under paragraph 1 of Schedule 15, paragraph 31 of Schedule 17 or paragraph 1 of Schedule 19, 21 or 25 is exempt from charge.

(2) Relief under this paragraph must be claimed in a land transaction return or an amendment of such a return.

(3) In this paragraph—

“land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

“land transaction return” has the meaning given by section 76(1) of that Act.

126B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

126E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

131E

(1) This section applies where an authority or authorities who propose that a quality contracts scheme should continue in operation (with or without modifications) under section 131A—

(a) decide that the proposal is an exempt continuation proposal, and

(b) acting on the basis of that decision, decide that the scheme should so continue in operation.

(2) Any person falling within subsection (3) may appeal to the Upper Tribunal against—

(a) the decision of the authority or authorities that the proposal is an exempt continuation proposal, or

(b) the decision of the authority or authorities that the scheme is to continue in operation (with or without any modifications).

(3) The persons are—

(a) any person who was consulted under section 125(3) (as it applies by virtue of section 131A in a case where the proposal is an exempt proposal),

(b) any person who was not so consulted, but who, in the opinion of the Upper Tribunal, ought to have been so consulted.

(4) An appeal under this section may be—

(a) on a point of law, or

(b) on a question of fact.

(5) On an appeal under this section the Upper Tribunal shall have power—

(a) to make such order as they think fit, or

(b) to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct.

(6) The powers of the Tribunal on an appeal under this section include power to do any one or more of the following—

(a) dismiss the appeal in whole or in part,

(b) remit the matter to the authority or authorities with one or more directions under subsection (7),

(c) direct the authority or authorities to vary the scheme, as it continues or is to continue in operation, in such manner as the Tribunal may specify in the direction (but see subsection (8)),

(d) quash the whole or any part of the decision of the authority or authorities (but see subsection (9)).

(7) A direction under this subsection is a direction for the authority or authorities to do each of the following—

(a) consider or reconsider such matters as may be specified in the direction,

(b) as respects those matters, consult or further consult the persons mentioned in section 125(3) as it applies by virtue of section 131A in a case where the proposal is an exempt continuation proposal,

(c) make such variations of the scheme, as it continues or is to continue in operation, as may in consequence appear appropriate to the authority or authorities.

(8) The Tribunal may give a direction under this section to vary a scheme by reducing the area to which it relates only if they are of the opinion that the conditions in section 132(3) are met.

(9) The power of the Tribunal under this section to quash a decision of an authority or authorities that a scheme should continue in operation under section 131A is exercisable only if the Tribunal are of the opinion that there are defects in the scheme which are not capable of being remedied by varying the scheme under or by virtue of subsection (6)(b) or (c).

(10) If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the proposal for the scheme to continue in operation was not an exempt continuation proposal—

(a) they must allow the appeal to that extent,

(b) they must remit the matter to the authority or authorities, with or without directions, and

(11) The directions that the Tribunal may give under this section include—

(a) directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposal for continuation under section 131A is not an exempt continuation proposal,

(b) directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a) or (b) of subsection (1) of section 131B (meaning of “exempt continuation proposal”) is met in the case of the scheme,

(c) directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken.

(12) Where the Tribunal give directions falling within subsection (11), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order.

(13) ... the Tribunal may not make any order which has the effect of—

(a) giving approval under section 126 as it applies by virtue of section 131D, or

(b) dispensing with the need for any such approval,

but this is without prejudice to the temporary provision that may be made in directions falling within subsection (11)(c).

(14) The appropriate national authority may make regulations with respect to the procedure to be followed in relation to a scheme in cases where the Tribunal decide that the proposal for continuation under section 131A was not an exempt continuation proposal.

Notice and consultation requirements.

132A

(1) This section applies where an authority or authorities who propose to vary a quality contracts scheme under section 132—

(a) decide that the proposal is an exempt variation for the purposes of that section, and

(b) acting on the basis of that decision, decide to vary the scheme under that section.

(2) Any person falling within subsection (3) may appeal to the Upper Tribunal against—

(a) the decision of the authority or authorities that the variation is an exempt variation for the purposes of section 132, or

(b) the decision of the authority or authorities as to the variation of the scheme under that section.

(3) The persons are—

(a) any person who was consulted under section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),

(b) any person who was not so consulted, but who, in the opinion of the Upper Tribunal, ought to have been so consulted.

(4) An appeal under this section may be—

(a) on a point of law, or

(b) on a question of fact.

(5) On an appeal under this section the Upper Tribunal shall have power—

(a) to make such order as they think fit, or

(b) to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct.

(6) The powers of the Tribunal on an appeal under this section include power to do any one or more of the following—

(a) dismiss the appeal in whole or in part,

(b) remit the matter to the authority or authorities with one or more directions under subsection (7),

(c) direct the authority or authorities to vary the scheme, to the extent of the variation made by the authority or authorities, in such manner as the Tribunal may specify in the direction (but see subsection (8)),

(d) quash the whole or any part of the decision of the authority or authorities.

(7) A direction under this subsection is a direction for the authority or authorities to do each of the following—

(a) consider or reconsider such matters as may be specified in the direction,

(b) as respects those matters, consult or further consult the persons mentioned in section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),

(8) The Tribunal may give a direction under this section to vary a scheme by reducing the area to which the scheme relates only if they are of the opinion that the conditions in section 132(3) are met.

(9) If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the variation was not an exempt variation for the purposes of section 132—

(a) they must allow the appeal to that extent,

(b) they must remit the matter to the authority or authorities, with or without directions, and

(10) The directions that the Tribunal may give under this section include—

(a) directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposed variation under section 132 is not an exempt variation,

(b) directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a), (b) or (c) of section 132(11) (meaning of “exempt variation”) is met in the case of the variation,

(c) directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken.

(11) Where the Tribunal give directions falling within subsection (10), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order.

(12) ... the Tribunal may not make any order which has the effect of—

(a) giving approval under section 126 as it applies by virtue of section 132, or

(b) dispensing with the need for any such approval,

but this is without prejudice to the temporary provision that may be made in directions falling within subsection (10)(c).

(13) The appropriate national authority may make regulations with respect to the procedure to be followed in cases where the Tribunal decide that the variation or proposed variation was not an exempt variation for the purposes of section 132.

Agreements providing for service subsidies.

134B

(1) Subsection (3) applies to a situation in which—

(a) on the coming into force of a quality contract, local services cease to be provided by a person (the “former operator”) in the area to which the relevant quality contracts scheme, or (in the case of a scheme which provides for different provisions to come into operation on different dates) the relevant provision of the scheme, relates, in accordance with section 129(1)(b), and

(b) at the same time, a person (the “new operator”) begins to provide local services in that area under that quality contract.

(2) Subsection (3) also applies to a situation in which—

(a) local services which, on the coming into force of a quality contract, a person (the “former operator”) would be required by virtue of section 129(1)(b) to cease providing in the area mentioned in subsection (1)(a) of this section, cease to be provided by the former operator before the coming into force of that quality contract, and

(b) at the same time, a person (the “new operator”) begins to provide local services in that area under an agreement which the authority or authorities who made the relevant quality contracts scheme entered into by reason of the cessation of the local services referred to in paragraph (a).

(3) Any situation to which this subsection applies is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) (whether or not TUPE would apply apart from this subsection).

(4) For the purposes of TUPE, the organised grouping of employees that is subject to the relevant transfer consists of those employees of the former operator whose employment is principally connected with the provision of the local services referred to in subsection (1)(a) or (as the case may be) the local services referred to in subsection (2)(a).

(5) Any situation which by virtue of this section is treated as a relevant transfer for the purposes of TUPE is also to be treated as a relevant transfer within the meaning of TUPE for the purposes of sections 257 and 258 of the Pensions Act 2004 and any regulations made under section 258 of that Act.

(6) The Secretary of State may make regulations supplementing the provision made by this section.

(7) The provision that may be made by regulations under subsection (6) includes—

(a) provision for determining, for the purposes of subsection (4), whether a person's employment is principally connected with the provision of any particular local services (including provision for or in connection with the appointment of a person to make such determination);

(b) provision for determining, in the case of any particular organised grouping of employees, the particular new operator who is to be the transferee for the purposes of TUPE (including provision for or in connection with the appointment of a person to make such determination);

(c) provision requiring any person operating local services in the area to which a quality contracts scheme relates to provide the authority or authorities who made the scheme with such information as may be prescribed, at such time as may be prescribed, about such of that person's employees as would fall within subsection (4) if the person ceased to provide those services in the circumstances described in subsection (1)(a);

(d) provision requiring the authority or authorities who made a quality contracts scheme to provide all persons operating local services in the area to which the scheme relates with such information as may be prescribed, at such time as may be prescribed, so as to enable such persons to comply with any requirement imposed by virtue of paragraph (c) of this subsection;

(e) provision requiring the authority or authorities who made a quality contracts scheme to ensure that any quality contract entered into with a person under the scheme, or any other agreement made with a person for the provision of local services in the area to which the scheme relates, is made on terms—

(i) that require the person, in the event of there being any transferring employees, to secure pension protection for every transferring employee, or every transferring employee of a prescribed description, who as an employee of the former operator had rights to acquire pension benefits, and

(ii) that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee.

(8) For the purposes of this section—

(a) “transferring employee” means an employee of a former operator whose contract of employment becomes, either by virtue of TUPE or by virtue of this section, a contract of employment with a new operator;

(b) “pension protection” is secured for a transferring employee if after the change of employer referred to in paragraph (a)—

(i) the employee has, as an employee of the new operator, rights to acquire pension benefits, and

(ii) those rights are of such description as is prescribed by regulations.

(9) The Secretary of State must exercise the power conferred by this section to make regulations containing provision falling within subsection (7)(e) so as to ensure—

(a) that pension protection is required to be secured for every transferring original employee who, as an employee of the original operator, had rights to acquire pension benefits, and

(b) that the rights to acquire pension benefits which a transferring original employee has as an employee of the new operator by virtue of paragraph (a) are rights which—

(i) are the same as the rights the transferring original employee had as an employee of the original operator, or

(ii) under provision made by regulations, count as being broadly comparable to, or better than, those rights.

(10) For the purposes of subsection (9)—

“transferring original employee” means a transferring employee—who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant quality contracts scheme relates, andwhose contract of employment—was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, oron each occasion when the employee was subject to a relevant transfer became, either by virtue of TUPE or by virtue of this section, a contract of employment with a person providing local services in the area referred to in paragraph (a);

“relevant date”, in relation to a quality contracts scheme, means—the date on which the scheme was made, orwhere—the local services being provided by the original operator were not subject to the scheme when it was made, andas a result of either the variation of the scheme, or the continuation of the scheme with modifications, those services became subject to the scheme,the date on which that variation, or (as the case may be) the decision to continue the scheme with those modifications, was made;

“relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE.

(11) A person is guilty of an offence under this subsection if—

(a) the person provides information in accordance with a requirement imposed by virtue of subsection (7)(c),

(b) the information is false or misleading in a material particular, and

(12) A person who is guilty of an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Tendering for quality contracts.

Power to obtain information about local services.

Renaming of committees.

Review of access charges by Regulator.

Prospective facility owners, proposed facilities etc.

Amendment of access agreements.

Publication of proposed closures at stations.

Compulsory driver training courses.

Type approval: individual exemptions.

Financial assistance for inland waterway and sea freight.

Type approval: individual exemptions.

Report on rural road speed limits.

Part 2 — Test for certain agreements, decisions and practices

Interpretation

17

(1) This paragraph applies for the purposes of the interpretation of this Part of this Schedule.

(2) A voluntary multilateral agreement (a “VMA”) is a voluntary partnership agreement (within the meaning given by section 153) to which two or more operators of local services are parties.

(3) A voluntary bilateral agreement (a “VBA”) is a voluntary partnership agreement (within the meaning given by that section) to which only one operator of local services is a party.

(4) In this Part of this Schedule—

(a) a “qualifying agreement” is an agreement between bus undertakings only;

(b) a “qualifying decision” is so much of any decision by an association of undertakings as relates to the operation of local services;

(5) For the purposes of sub-paragraph (4)—

(a) a bus undertaking is an undertaking which is the operator of a local service;

(b) the involvement of a local authority which is not a bus undertaking is to be disregarded;

(c) an advanced quality partnership scheme, a quality partnership scheme , an enhanced partnership scheme or voluntary partnership agreement is not to be regarded as a qualifying agreement, qualifying decision or qualifying practice.

(6) In sub-paragraph (5)(b) “local authority” means—

(a) a local transport authority;

(b) a district council in England.

(7) A provision of this Part of this Schedule which is expressed to apply to, or in relation to, a qualifying agreement is to be read as applying equally to, or in relation to, a qualifying decision or a qualifying practice (but with any necessary modifications).

(8) A reference to the area of an authority—

(a) in relation to a VMA or VBA, is a reference to the area of a local transport authority who are a party to the agreement;

(b) in relation to a qualifying agreement, is a reference to the area of a local transport authority in whose area the agreement is, or is to be, implemented.

(9) The “bus improvement objectives” are—

(a) securing improvements in the quality of vehicles or facilities used for or in connection with the provision of local services,

(b) securing other improvements in local services of benefit to users of local services, and

Agreements, decisions and practices to which this Part of this Schedule applies

18

(1) This Part of this Schedule applies to—

(a) VMAs or VBAs falling within sub-paragraph (2), and

(b) qualifying agreements falling within sub-paragraph (3).

This paragraph is subject to paragraph 19.

(2) A VMA or VBA falls within this sub-paragraph if it has as its object or effect the prevention, restriction or distortion of competition in the area of the authority, or the combined area of the authorities.

(3) A qualifying agreement falls within this sub-paragraph if—

(a) it has as its object or effect the prevention, restriction or distortion of competition in the area of the authority, or the combined area of the authorities, but

(b) the authority, or any of the authorities, has certified that they have considered all the terms and effects (or likely effects) of the agreement and that in their opinion the requirements mentioned in sub-paragraph (4) are satisfied.

(4) The requirements are that the agreement—

(a) is in the interests of persons using local services within the area of the authority, or the combined area of the authorities, and

(b) does not impose on the undertakings concerned restrictions that are not indispensable to the attainment of the bus improvement objectives.

(5) For the purposes of sub-paragraph (2)—

(a) the object or effect of a VMA may be considered either on its own or together with one or more other VMAs, VBAs or qualifying agreements;

(b) the object or effect of a VBA is to be considered together with one or more VMAs, other VBAs or qualifying agreements.

(6) For the purposes of sub-paragraph (3) the object or effect of a qualifying agreement may be considered either on its own or together with one or more VMAs, VBAs or other qualifying agreements.

19

(1) This Part of this Schedule does not apply to a VMA, VBA or qualifying agreement if it (or any of its provisions) constitutes a price-fixing agreement within the meaning given by section 39(9) of the Competition Act 1998.

(2) Where the standard of services specified in a VMA or VBA includes any requirement as to maximum fares (see section 153(3)), any provision of that agreement relating to the setting, review or revision of the maximum fare is not to be regarded as constituting a price-fixing agreement for the purposes of sub-paragraph (1).

The prohibition

20

(1) Any VMA, VBA or qualifying agreement to which this Part of this Schedule applies is prohibited unless it is exempt in accordance with the provisions of this Part of this Schedule.

(2) The prohibition in sub-paragraph (1) applies in place of the Chapter 1 prohibition.

(3) The Chapter 1 prohibition is the prohibition imposed by section 2(1) of the Competition Act 1998.

Agreements and decisions void

21

Any agreement or decision which is prohibited by paragraph 20 is void.

Exempt agreements

22

(1) A VMA, VBA or qualifying agreement to which this Part of this Schedule applies is exempt if—

(a) it contributes to the attainment of one or more of the bus improvement objectives,

(b) it does not impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives, and

(c) it does not afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the services in question.

(2) In any proceedings in which it is alleged that the prohibition in paragraph 20 is being or has been infringed by a VMA, VBA or qualifying agreement any undertaking or association of undertakings claiming the benefit of sub-paragraph (1) shall bear the burden of proving that the conditions of that sub-paragraph are satisfied.

Application of provisions of Competition Act 1998

23

(1) The provisions of Part 1 of the Competition Act 1998 (“the 1998 Act”) specified in sub-paragraph (2) apply in relation to the prohibition in paragraph 20 (and a VMA, VBA or qualifying agreement to which this Part of this Schedule applies) as those provisions apply in relation to the Chapter 1 prohibition (and an agreement to which the provisions of that Chapter apply).

(2) The provisions are—

(a) in Chapter 1, sections 3, 6, 8, 10 and 10A (excluded agreements and exemptions);

(b) Chapter 3 (investigations and enforcement), except sections 36 to 39 (penalties);

(d) Chapter 5 (miscellaneous), except section 54 (regulators).

(3) The application, by virtue of sub-paragraph (2)(d), of Chapter 5 includes section 52(1) of the 1998 Act; but this is subject to the following modifications—

(a) the reference to the passing of the 1998 Act is to be read as a reference to the passing of the Local Transport Act 2008;

(b) the reference to the Director is to be read as a reference to the OFT.

(4) The application, in accordance with sub-paragraph (1), of the provisions mentioned in sub-paragraph (2) is to be subject to such further modifications as the Secretary of State may by order provide.

The Schedule to be inserted after Schedule 4 to the Railways Act 1993 is as follows—

The repeal of section 3(2) of the Civil Aviation (Eurocontrol) Act 1983 does not affect the operation of the words in it from “and that subsection” onwards in relation to any time before the coming into force of the repeal.

The Schedule to be inserted after Schedule 4 to the Railways Act 1993 is as follows—

The Schedule to be inserted after Schedule 1 to the Goods Vehicles (Licensing of Operators) Act 1995 is as follows—

165A

(1) A joint local-ITA charging scheme may only be made—

(a) in respect of roads for which any of the charging authorities are the traffic authority, and

(b) if at least one of the roads in respect of which it is made is within the integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority or combined county authority.

(2) A joint local-ITA charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of the charging authorities.

166A

(1) A joint ITA-London charging scheme may only be made—

(a) in respect of roads falling within subsection (2), and

(b) if at least one of the roads in respect of which it is made is within the integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority or combined county authority.

(2) The roads are—

(a) roads for which the eligible local traffic authority, or any of the eligible local traffic authorities, by which the scheme is made are the traffic authority, and

(b) roads in respect of which the London traffic authority, or any of the London traffic authorities, by which the scheme is made may impose charges by a scheme under Schedule 23 to the Greater London Authority Act 1999 without the consent of the Secretary of State.

(3) A joint ITA-London charging scheme may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of—

(a) local transport policies of the eligible local traffic authority, or the eligible local traffic authorities, by which the scheme is made,

(b) local transport policies of the Integrated Transport Authority , combined authority or combined county authority by which the scheme is made, and

(c) policies and proposals set out in the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999.

Suspension of charging schemes

172A

(1) The charging authority or the charging authorities (acting jointly) may suspend the operation of a charging scheme under this Part if they consider that it is necessary to do so—

(a) in the event of an emergency, to enable or facilitate any action taken in response to the emergency;

(b) to enable or facilitate a temporary event to take place.

(2) A suspension under this section is for such period as the charging authority or authorities consider necessary—

(a) in the case of an emergency, to enable or facilitate the response to the emergency (but in any event no longer than 30 days);

(b) in the case of a temporary event, to enable or facilitate the event to take place, together with any associated works undertaken before or after it.

(3) A charging scheme may be suspended under this section in whole or in part; and if a scheme is suspended in part that suspension may be in respect of—

(a) any road in respect of which charges are imposed;

(b) any event by reference to the happening of which a charge is imposed;

(4) The charging authority or authorities must publish a notice of any suspension under this section.

(5) A notice under subsection (4)—

(a) must be published in such manner as the charging authority or authorities consider appropriate to bring the suspension to the attention of all persons who are likely to be affected by it;

(b) must state the period for which the scheme is to be suspended.

(6) In the case of a suspension under subsection (1)(a), the charging authority or authorities—

(a) must keep under review the need for the suspension to continue, and

(b) may increase or reduce the period of the suspension (but they may not increase it so as to suspend the scheme for a period of more than 30 days).

177A

(1) The appropriate national authority may direct a local traffic authority or Integrated Transport Authority, Integrated Transport Authority , combined authority or combined county authority to provide it, within a specified period, with specified information connected with any aspect of the performance or proposed performance of their functions under this Chapter.

(2) The information that may be specified in such a direction must be information which the authority have in their possession or can reasonably be expected to acquire.

(3) A direction under this section may be given to two or more authorities or to authorities of a description specified in the direction.

Part 1 — Test for exercise of bus functions by local authorities

Advice and information

14A

(1) As soon as is reasonably practicable after the passing of the Local Transport Act 2008, the OFT must prepare and publish advice and information about—

(a) the application of the competition test,

(b) the enforcement of decisions regarding that test.

(2) The CMA may at any time publish revised, or new, advice or information.

(3) Advice and information published under this paragraph must be prepared with a view to—

(a) explaining provisions of this Part of this Schedule to persons who are likely to be affected by them, and

(b) indicating how the CMA expects such provisions to operate.

(4) Advice (or information) published by virtue of sub-paragraph (3)(b) may include advice (or information) about the factors which the CMA may take into account in considering whether, and if so how, to exercise a power conferred on it by this Part of this Schedule.

(5) Any advice or information published by the CMA under this paragraph is to be published in such form and in such manner as it considers appropriate.

(6) If the CMA is preparing any advice or information under this paragraph it must consult such persons as it considers appropriate.

Application of proceeds by Integrated Transport Authorities

11A

(1) This paragraph applies to an Integrated Transport Authority's , combined authority’s or combined county authority’s share of the net proceeds of any relevant scheme.

(2) The share of the net proceeds is available only—

(a) for application by the Authority for the purpose of directly or indirectly facilitating the achievement of any of the Authority's local transport policies, or

(b) for application in accordance with sub-paragraph (4) by an authority falling within sub-paragraph (3) selected by the Authority.

(3) The authorities which fall within this sub-paragraph are—

(a) non-metropolitan local traffic authorities;

(b) London traffic authorities and the Greater London Authority.

(4) A share of the net proceeds of a relevant scheme is applied in accordance with this sub-paragraph if it is applied—

(a) by a non-metropolitan local traffic authority for the purpose of directly or indirectly facilitating the achievement of any of its local transport policies, or

(b) by a London traffic authority or the Greater London Authority in accordance with the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999,

in a way which will benefit the whole or any part of the integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority or combined county authority.

11B

(1) A relevant scheme made by an Integrated Transport Authority , a combined authority or a combined county authority must include—

(a) a general plan relating to the application of its share of the net proceeds of the relevant scheme during the opening ten year period, and

(b) a detailed programme for the application of its share for the net proceeds of the relevant scheme during the opening five year period.

(2) See paragraph 10(2) for the meaning of “the opening ten year period” and “the opening five year period”.

11C

(1) If a relevant scheme made by an Integrated Transport Authority , a combined authority or a combined county authority remains in force after the end of the opening five year period, the Authority shall, during every fifth financial year after the financial year in which the scheme comes into force, prepare a detailed programme for the application of its share of the net proceeds of the scheme during the next five years.

(2) Any programme prepared in accordance with sub-paragraph (1) in relation to a relevant scheme prevails over any conflicting provisions in the general plan included in the scheme pursuant to paragraph 11B(1)(a).

(3) Except with the consent of the Secretary of State in any particular case, an Integrated Transport Authority , a combined authority or a combined county authority may not apply its share of the net proceeds of a scheme for any purpose (other than making good any amount to its general fund) in any financial year beginning after the end of the opening five year period unless it is complying with sub-paragraph (1).

The Schedule to be inserted after Schedule 4 to the Railways Act 1993 is as follows—

Notice and consultation requirements.

Use of zero-emission vehicles for local services in England

Financial and procedural changes.

Power to obtain information: franchising schemes

Penalties.

Standards.

Compulsory driver training courses.

Prospective facility owners, proposed facilities etc.

Report on rural road speed limits.

Quiet lanes and home zones.

Register of approved instructors: destination of appeals.

Detention of vehicle used without operator’s licence.

The Schedule to be inserted after Schedule 4 to the Railways Act 1993 is as follows—

Substitute services to be suitable for disabled passengers.

The Schedule to be inserted after Schedule 4 to the Railways Act 1993 is as follows—

Grants to bus service operators.

Suspension of charging schemes

Power to obtain information about local services.

Prospective facility owners, proposed facilities etc.

Review of access charges by Regulator.

Compulsory driver training courses.

Training and instructors: minor and consequential amendments.

Quiet lanes and home zones.

Amendments of pension protection provisions.

Compulsory driver training courses.

The Schedule to be inserted after Schedule 4 to the Railways Act 1993 is as follows—

The Schedule to be inserted after Schedule 1 to the Goods Vehicles (Licensing of Operators) Act 1995 is as follows—

126A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

126C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

126D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

127A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

127B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

131A

(1) If it appears to them appropriate to do so, the authority or authorities who made a quality contracts scheme (other than any to whose area the scheme no longer relates) may decide that the scheme should continue in operation for a further period, with or without modification.

(2) Before making such a decision, they must, unless the proposal that the scheme should continue is an exempt continuation proposal (see section 131B), comply with the requirements of—

(a) section 124(2)(b) (approval by Welsh Ministers) ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Section 125 applies in relation to the continuation of a scheme under this section as it applies in relation to the making of a scheme, but with the following modifications—

(a) any reference to a proposal to make a scheme is to be read as a reference to a proposal for the continuation of a scheme,

(b) any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation,

and with the further modifications specified in subsections (4) and (5), but this is subject to such modifications or exclusions as may be prescribed by regulations under section 133.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The consultation document that is to be published by virtue of section 125(1)(a), as applied by subsection (3), must (instead of complying with section 125(1A)) include—

(a) a description of the scheme, together with any proposed modifications to it;

(b) a statement of the opinion of the authority or authorities as to the effectiveness of the scheme in achieving the objectives set out in paragraphs (a) to (e) of section 124(1) ... up to the date of the report;

(c) a statement of the reasons why they are satisfied that the scheme as proposed to be continued (with any proposed modifications) will meet the conditions in subsection (1) ... of section 124;

(d) a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the continuation of the scheme;

(e) a statement of the period for which it is proposed that the scheme should continue in operation, which must not be more than a further 10 years;

(f) if the authority or authorities consider that the proposal for the scheme to continue is an exempt continuation proposal, a statement of that fact;

(g) a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;

(h) a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—

(i) any estimated income from fares, and

(ii) any grants from Ministers of the Crown or government departments,

any remaining funding required to continue the scheme in operation can be provided from other resources available to the authority or authorities;

(i) the date by which any written responses to the consultation must be submitted to the authority or authorities.

(6) For the purposes of this section—

(a) subsection (1B) of section 125 (matters to be included in the description of the proposed scheme) applies for the purposes of subsection (5)(a) as it applies for the purposes of subsection (1A)(a) of that section, and

(b) subsection (1C) of that section (meaning of “chief finance officer”) applies for the purposes of subsection (5)(h) as it applies for the purposes of subsection (1A)(e) of that section.

(7) The consultation document mentioned in subsection (5) must be published and supplied in accordance with section 125(1)(a) and (b) (as applied by this section) not less than 12 months before the scheme’s expiry date.

(8) For the purposes of this section, a scheme’s “expiry date” is the later of the following dates—

(a) the end of the period specified in the scheme in accordance with section 127(2)(c),

(b) if the scheme has been continuing in operation by virtue of the previous application of this section, the end of the period for which it is so continuing in operation.

(9) The period for which a scheme continues in operation by virtue of a decision under subsection (1) may begin—

(a) on such day falling before, on, or immediately after the scheme’s expiry date as the authority or authorities decide, or

(b) if the circumstances are such that the continuation of the scheme cannot begin on a day falling within paragraph (a), on such later day as the authority or authorities decide in accordance with regulations made by the appropriate national authority for the purposes of such circumstances.

(10) If the authority or authorities publish and supply a consultation document in accordance with subsection (7), the scheme remains in operation (without any modifications proposed by them under subsection (1)) until—

(a) in a case where the scheme is to continue in operation for a further period, the day before the beginning of that period, or

(b) in any other case, the scheme’s expiry date.

(11) Section 130 (tendering) applies to a scheme that continues in operation under this section (whether or not the proposal for the scheme to continue in operation was an exempt continuation proposal) but subject to regulations made by the appropriate national authority under section 133(3).

131B

(1) For the purposes of this Part a proposal that a quality contracts scheme should continue in operation is an “exempt continuation proposal” if—

(a) any one or more of Conditions 1 to 3 are met and Conditions A and B are met, or

(b) the circumstances are as prescribed in regulations made by the appropriate national authority.

(2) Condition 1 is that it is not proposed that the area to which the continuation scheme relates is to be greater than the area to which the existing scheme relates.

(3) Condition 2 is that it is proposed that the area to which the continuation scheme relates is to be greater than the area to which the existing scheme relates, but—

(a) the additional area proposed to be included falls wholly within the area or combined area of the authority or authorities proposing the continuation of the scheme, and

(b) it is not proposed that under the continuation scheme any descriptions of local services are to be provided under quality contracts in addition to the descriptions of local services so provided under the existing scheme.

(4) Condition 3 is that during the period while the existing scheme has been in force—

(a) there has been a change in the area of the authority, or of any of the authorities, that last made or continued the scheme, or

(b) a different authority has become the local transport authority for some or all of the area to which the scheme relates,

but it is not proposed that under the continuation scheme any descriptions of local services are to be provided under quality contracts in addition to the descriptions of local services so provided under the existing scheme.

(5) Condition A is that it is not proposed under the continuation scheme that any local services which, immediately before the coming into force of that scheme, were unregulated services are under the continuation scheme to be provided under quality contracts.

(6) Condition B is that it is not proposed under the continuation scheme that any services which, immediately before the coming into force of that scheme, were excluded services in the case of the existing scheme are not to be excluded services in the case of the continuation scheme.

(7) In this section—

“the continuation scheme” means the scheme as proposed to continue in operation;

“excluded services”, in the case of any quality contracts scheme, means any local services, or class of local services, which are excluded from the scheme by virtue of section 127(4);

“the existing scheme” means—the scheme as last continued or varied, orif the scheme has not previously been continued or varied, the scheme as originally made;

“unregulated services” means any local services provided otherwise than—under a contract with one or more local transport authorities, orby an authority or authorities acting under section 132C(2) (power to provide interim services in exceptional circumstances);

and any reference to the coming into force of a scheme includes a reference to the coming into force of any particular provision of it.

(8) See also section 131E (which makes provision about appeals relating to exempt continuation proposals).

131C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

131D

(1) This section has effect with respect to the continuation in operation under section 131A (or the proposed continuation in operation under that section) of a quality contracts scheme for an area in Wales (whether with or without modifications).

(2) Subsections (2) and (3) to (9) of section 127 apply in relation to the continuation of the scheme as they apply in relation to the making of a scheme, but with the modifications in subsection (4).

(3) Unless the proposal for the continuation of the scheme—

(a) is an exempt continuation proposal, or

(b) in a case where the authority or authorities have decided that the scheme should continue, was such a proposal,

subsections (1)(b) and (1B) of section 127 also apply in relation to the continuation of the scheme, and with the modifications in subsection (4).

(4) The modifications are—

(a) any reference to proposing to make a scheme is to be read as a reference to proposing the continuation of a scheme,

(b) any reference to making a scheme is to be read as a reference to deciding that a scheme should continue in operation,

(c) any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation,

(d) the references in section 127(2)(b) and (9)(c) to the date or dates on which the scheme is, or provisions of the scheme are, to come into operation are to be read as references to the day decided by the authority or authorities by virtue of section 131A(9),

but further or different modifications, or exclusions, may also be made by regulations under section 133(3)(b).

(5) Subsection (6) applies in any case where—

(a) an authority or authorities propose that a quality contracts scheme for an area in Wales should continue in operation (with or without modification) under section 131A, and

(b) the proposal is not an exempt continuation proposal.

(6) In any such case, section 126 (approval by Welsh Ministers of proposed schemes for areas in Wales) applies in relation to a proposal for the continuation of a scheme as it applies in relation to a proposal to make a scheme, but with the modifications set out in subsection (7).

(7) The modifications are—

(a) any reference to a proposed scheme is to be read as a reference to a proposal for a scheme to continue in operation under section 131A;

(b) the reference in section 126(2)(a) to wishing to make a scheme is to be read as a reference to wishing that a scheme should continue in operation;

(c) any reference to any conditions set out in any paragraphs of section 124(1) being met is to be read as a reference to those conditions being met by the scheme as proposed to continue in operation (with any proposed modifications);

(d) any reference to section 125 or any provision of that section is to be read as a reference to that section or provision as it has effect by virtue of section 131A.

(8) If, acting on the basis that the proposal for the continuation of the scheme is an exempt continuation proposal, the authority or authorities decide that the scheme is to continue, they must—

(a) publish in such manner as they think fit, and within the time allowed, a notice announcing their decision on the proposal,

(b) supply a copy of that notice to each of the persons mentioned in section 125(3) as it applies by virtue of section 131A, and

(9) For the purposes of subsection (8)(a), the time allowed is the period of 6 months following the date of publication of the consultation document required by section 125(1)(a) as it applies by virtue of section 131A.

131F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Boards for proposed schemes for areas in England

132B

(1) This section applies in relation to any of the following appeals—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an appeal under section 131E(2)(a) against a decision that a proposal was an exempt continuation proposal,

(d) an appeal under section 131F(2) against a decision that a scheme should continue in operation,

(e) an appeal by virtue of section 132 against a decision to vary a scheme,

(f) an appeal under section 132A(2)(a) against a decision that a variation was an exempt variation for the purposes of section 132,

(g) an appeal under section 132A(2)(b) against a decision as to the variation of a scheme under section 132.

(2) Where—

(a) any such appeal is made to the Upper Tribunal, and

(b) on that appeal, the Tribunal direct the authority or authorities to vary the scheme in the manner specified by the Tribunal in the direction,

nothing in section 132(5) to (9) (procedure for variation of scheme) applies in relation to the varying of the scheme in the manner specified in the direction, unless the Tribunal otherwise direct.

(3) Subsection (2) is without prejudice to any right of appeal against the decision of the Upper Tribunal.

132C

(1) This section applies where a person who has agreed to provide a service (“the old service”) in accordance with a quality contract ceases to do so before the end of the period for which the contract was intended to have effect.

(2) The authority, or any one of the authorities, who entered into the quality contract may, in accordance with subsections (4) to (8) and section 132D, provide a local service (an “interim service”) in place of the old service or any part of it.

(3) Subsection (2) has effect notwithstanding any prohibition, restriction or limitation contained in any other enactment on the power of the authority to provide local services.

(4) An authority who provide an interim service of any description must hold a PSV operator’s licence to which no condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licence) prohibiting the authority from using vehicles under the licence to provide services of that description.

(5) Subsection (6) applies if—

(a) an authority provide an interim service in place of an old service or any part of an old service, and

(b) the authority or authorities who entered into the quality contract for the provision of the old service propose to enter into a quality contract for the provision of a replacement service in place of that service or (as the case may be) that part.

(6) The authority, or the authorities acting jointly, must invite tenders (in accordance with section 130) for the provision of the replacement service—

(a) as soon as reasonably practicable after the authority providing the interim service begin to do so, and

(b) in any event no later than three months after the date on which provision of the old service ceased.

(7) But subsection (6) does not apply if the authority, or the authorities acting jointly, decide to secure the provision of the replacement service under section 131 (circumstances in which quality contracts may be entered into without inviting tenders).

(8) The particulars of an interim service, or of a replacement service, need not be identical to the particulars of the old service, or that part of the old service, which it replaces.

(9) In this section—

“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);

“interim service” has the meaning given by subsection (2);

“the old service” has the meaning given by subsection (1);

“replacement service” means a local service provided under a quality contract in place of an old service or any part of an old service.

132D

(1) This section applies for the purpose of determining the period for which an authority may provide an interim service which is provided in place of—

(a) an old service (“the relevant service”), or

(b) part of an old service (“the relevant part”).

(2) If the authority do not, within the period of three months beginning with the date on which provision of the relevant service ceased,—

(a) enter into a quality contract to provide a replacement service in place of the relevant service or (as the case may be) the relevant part, or

(b) issue an invitation to tender in pursuance of section 132C(6),

the authority must not provide the interim service after the end of that period.

(3) If the authority enter into a quality contract to provide such a replacement service within the period mentioned in subsection (2), the authority must not provide the interim service after the earlier of the following dates—

(a) the date on which the replacement service is first provided;

(b) the date falling nine months after the date on which the interim service is first provided.

(4) If the authority issue invitations to tender in pursuance of section 132C(6) within the period mentioned in subsection (2) (but do not enter into a quality contract to provide such a replacement service within that period), the authority must not provide the interim service after the earlier of the following dates—

(a) the date on which a replacement service is first provided in place of the relevant service or (as the case may be) the relevant part;

(b) the date determined in accordance with subsection (5).

(5) The date is the later of—

(a) the date falling nine months after the date on which the interim service is first provided;

(b) such date, not later than three months after the date mentioned in paragraph (a), as may be determined by a traffic commissioner on the application of the authority.

(6) A traffic commissioner may determine a date under subsection (5)(b) only if satisfied that there is a realistic prospect that, if the determination is made, a replacement service will be provided in place of the relevant service or (as the case may be) the relevant part on or before that date.

(7) Any application to a traffic commissioner under paragraph (b) of subsection (5) must be made at least one month before the date mentioned in paragraph (a) of that subsection.

(8) The authority must not make more than one application under subsection (5)(b) in respect of any interim service.

(9) In this section—

“interim service” and “replacement service” have the meaning given in section 132C;

“the relevant service” and “the relevant part” have the meaning given in subsection (1);

and, in any case where the authority entered into the quality contract for the provision of the relevant service jointly with one or more other authorities, references in this section to the authority entering into a quality contract for a replacement service, or issuing invitations to tender for such contracts, are references to those authorities acting jointly.

134A

(1) The appropriate national authority may issue guidance concerning the performance by local transport authorities of their functions under this Part in relation to quality contracts schemes.

(2) Those authorities must have regard to any such guidance.

Review of access charges by Regulator.

Power to prohibit driving of vehicle.

Financial assistance for inland waterway and sea freight.

Limited additional powers to provide railway services.

Review of access charges by Regulator.

Trunk road charging schemes.

Passenger Transport Executives.

References under section 12: time limits

Appeals where proposed variation considered exempt

Notice and consultation requirements

Notice and consultation requirements.

Standards.

Type approval: individual exemptions.

Stands etc. for bicycles or motor cycles.

Financial assistance for inland waterway and sea freight.

Bus services: advanced quality partnership schemes

113C

(1) A local transport authority whose area is in England, or two or more such authorities acting jointly, may make an advanced quality partnership scheme if they are satisfied that the scheme will contribute to the implementation of their local transport policies.

(2) An advanced quality partnership scheme is—

(a) a scheme falling within subsection (3) or (4), or

(b) a scheme falling within both subsection (3) and subsection (4).

(3) A scheme falls within this subsection if it is a scheme under which—

(a) the authority or authorities provide particular facilities in the whole or part of their area, or combined area, and

(b) operators of local services who wish to use those facilities must undertake to provide local services of a particular standard when using them.

(4) A scheme falls within this subsection if it is a scheme under which—

(a) the authority or authorities take particular measures in relation to routes in the whole or part of their area, or combined area, that are served, or proposed to be served, by local services, and

(b) operators of local services who wish to provide local services with stopping places on those routes must undertake to provide local services of a particular standard when providing such local services on those routes.

(5) A scheme may not be made unless the authority or authorities are satisfied that—

(a) the steps to be taken by the authority or authorities under the scheme, and

(b) the provision of local services of the standard or standards required by undertakings given under the scheme,

are likely to achieve one or more of the outcomes described in subsection (6) in relation to the whole or part of their area, or combined area.

(6) The outcomes mentioned in subsection (5) are—

(a) an improvement in the quality of local services that benefits persons using those services;

(b) a reduction or limitation of traffic congestion, noise or air pollution;

(7) An advanced quality partnership scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 113G.

(8) The power to make an advanced quality partnership scheme includes power to provide for—

(a) different facilities to be provided under the scheme,

(b) different measures to be taken under the scheme, or

as from different dates after the scheme comes into operation.

(9) An advanced quality partnership scheme must include a description of the authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working.

(10) In carrying out their functions under this Part in relation to advanced quality partnership schemes, local transport authorities whose areas are in England must co-operate with one another.

(11) In considering whether to make an advanced quality partnership scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.

113D

(1) If the authority or authorities making an advanced quality partnership scheme consider that it is necessary or expedient for any restrictions to be imposed on the registration of—

(a) any local services, or

(b) any local services of a particular description,

they may impose those restrictions (“registration restrictions”) by specifying or describing them in the scheme.

(2) Any restrictions so imposed must be for the purpose of preventing or restricting—

(a) the provision of local services, or

(b) the variation or withdrawal of local services,

in cases where the authority or authorities consider that any such provision, or (as the case may be) variation or withdrawal, of services might be detrimental to the provision of services under the scheme.

(3) Where a scheme includes any registration restrictions by virtue of subsection (1), it must also specify the criteria (“registration criteria”) by reference to which a traffic commissioner is to decide whether or not to accept an application for registration.

(4) In this section “registration”, in relation to any service—

(a) means registration of prescribed particulars of the service under section 6 of the Transport Act 1985 (registration of local services), and

(b) includes a reference to the variation or cancellation of any such registration.

113E

(1) The facilities which may be specified in an advanced quality partnership scheme—

(a) must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but

(b) may not be facilities which are required to be provided as a result of section 139 or 140.

(2) The measures which may be specified in a scheme—

(a) must be measures taken for the purpose of—

(i) increasing the use of local services serving the routes to which the measures relate or ending or reducing a decline in the use of such services, or

(ii) improving the quality of local services serving the routes to which the measures relate, but

(b) may not include the provision of—

(i) facilities falling within subsection (1)(a), or

(ii) facilities which are required to be provided as a result of section 139 or 140.

(3) The Secretary of State may by regulations make further provision about the measures which may or may not be specified in a scheme.

(4) The standard of services which may be specified in a scheme includes—

(a) requirements which the vehicles being used to provide the services must meet, including requirements about emissions or types of fuel or power, and

(b) requirements as to frequency or timing of the services,

but the specification of any such requirements is not to prevent operators from providing services in excess of those requirements.

(5) The standard of services which may be specified in a scheme may also include—

(a) requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the scheme applies,

(b) requirements as to the ways in which passengers may pay for journeys,

(c) requirements about providing information to the public about local services or particular descriptions of local services, and

(d) requirements as to the publicising of local services, fares or ticketing arrangements or particular descriptions of local services, fares or ticketing arrangements.

(6) Requirements under subsection (5)(b), (c) and (d) may include requirements for operators of local services to co-operate with one another.

(7) A scheme may include a requirement falling within subsection (4)(b) or (5)(a) only if there are no admissible objections to the requirement from relevant operators.

(8) A scheme may include a requirement falling within subsection (4)(a) or (5)(b) that relates to an undertaking that would fall to be given under section 113C(4)(b) only if there are no admissible objections to the requirement from relevant operators.

(9) Section 113N(3) to (8) makes further provision with respect to schemes which include the requirements referred to in subsections (7) and (8).

113F

(1) If the provision of any of the facilities or taking of any of the measures specified in an advanced quality partnership scheme requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State is the traffic authority), the scheme may not be made unless it is made by—

(a) the local transport authority or authorities, and

(b) the metropolitan district council for the district,

acting jointly.

(2) If the provision of any of the facilities or taking of any of the measures specified in an advanced quality partnership scheme requires the making of a traffic regulation order in respect of a road for which the Secretary of State is the traffic authority, the scheme may not be made unless it is made by—

(a) the local transport authority or authorities, and

(b) the Secretary of State,

acting jointly.

(3) Where subsection (1) or (2) applies so that a metropolitan district council or the Secretary of State is a maker of the scheme, then (subject to section 113M) the relevant references to the authority or authorities include (as well as the local transport authority or authorities)—

(a) the metropolitan district council, or

(b) the Secretary of State.

(4) For the purpose of subsection (3) the relevant references are those in—

(a) section 113C(3), (4), (5)(a) and (7), and

(b) sections 113G to 113L,

and paragraph 27(2A) of Schedule 9 to the Road Traffic Regulation Act 1984.

113G

(1) If an authority or authorities propose to make an advanced quality partnership scheme, they must give notice of the proposed scheme in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates.

(2) The notice must either contain full details of—

(a) any facilities specified in the scheme,

(b) any measures specified in the scheme,

(d) any registration restrictions and registration criteria specified in the scheme, and

(e) the plans described in the scheme for consulting in order to seek views on how well the scheme is working,

or state where such details may be inspected.

(3) After giving notice of the proposed scheme, the authority or authorities must consult—

(a) all operators of local services who would, in the opinion of the authority or authorities, be affected by it,

(b) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(c) any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,

(d) a traffic commissioner,

(e) the chief officer of police for each police area covering the whole or part of that area,

(f) the Passengers' Council,

(g) the Competition and Markets Authority, and

(h) such other persons as the authority or authorities think fit.

(4) For the purpose of subsection (3)(c) the following are relevant local authorities—

(a) local transport authorities,

(b) district councils in England,

(d) the Broads Authority,

(e) London transport authorities, and

(f) councils in Scotland.

113H

(1) If, after taking the steps described in section 113G, an authority or authorities decide that it is appropriate to make the advanced quality partnership scheme, they may make it as proposed or with modifications.

(2) The scheme must specify each of the following—

(a) any facilities to be provided under it by the authority or authorities,

(b) any measures to be taken under it by the authority or authorities and the routes to which they relate,

(c) the standards of services to be provided under it by operators of local services in accordance with their undertakings given in relation to facilities or measures to be provided or taken under the scheme,

(d) any registration restrictions imposed by it and any registration criteria specified in it,

(e) the date on which it is to come into operation,

(f) the period for which it is to remain in operation, which must not be less than five years, and

(g) if—

(i) any facilities are to be provided under the scheme,

(ii) any measures are to be taken under the scheme, or

(iii) any standards of services are to be provided under the scheme,

as from a date after the scheme comes into operation, the date as from which they are to be so provided or taken.

(3) 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.

(4) The date as from which any particular facilities are to be provided, any particular measures are to be taken, or any services of a particular standard are to be provided, must not be earlier than—

(a) in the case of facilities or measures, the latest of dates A to C (see subsections (6) to (8)), and

(b) in the case of services, the later of dates A and D (see subsections (6) and (9)),

unless the case falls within subsection (5).

(5) If under the scheme—

(a) particular facilities are to be provided or particular measures are to be taken by the authority or authorities, and

(b) as from the date by which the facilities are to be provided or the measures are to be taken, services of a particular standard are to be provided by operators of local services when using the facilities or when providing local services with stopping places on routes to which the measures relate,

the date as from which the facilities are to be provided or the measures are to be taken (and as from which the services are to be provided) must not be earlier than the latest of dates A to D.

(6) Date A is the date 3 months after the date on which the scheme is made.

(7) Date B is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for the authority or authorities to provide the facilities or take the measures.

(8) Date C is the date 3 months after—

(a) the date on which any traffic regulation order required for the provision of any of the facilities or taking of any of the measures is made, or

(b) if more than one such order is required for the provision of the facilities or the taking of the measures, the date on which the last of them is made.

(9) Date D is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for operators of local services to provide services of the particular standard.

(10) Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of the making of the scheme—

(a) in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates,

(b) to all operators of local services who would, in their opinion, be affected by the scheme, and

(11) The notice must—

(a) either contain full details of the scheme or state where such details may be inspected, and

(b) if the scheme made is a modified version of that proposed, state that fact.

113I

(1) If it appears to the authority or authorities appropriate to do so, they may decide that any of the dates specified in subsection (3) shall be postponed by such period as they think fit.

(2) A date may not be postponed under subsection (1) by a period or periods which in total exceed 12 months.

(3) The dates are—

(a) the date on which the scheme is to come into operation,

(b) the date as from which any particular facilities are to be provided under the scheme,

(d) the date as from which any particular services are to be provided to a particular standard under the scheme.

(4) Before making such a decision the authority or authorities must consult all operators of local services who would, in their opinion, be affected by the scheme.

(5) Not later than 14 days after the date on which any such decision is made they must give notice of the decision—

(a) in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates,

(b) to all operators of local services who would, in their opinion, be affected by the scheme, and

113J

(1) The authority or authorities must—

(a) provide each of the specified facilities or take each of the specified measures not later than the date specified for it to be provided or taken under the scheme, and

(b) continue to provide the facilities or keep the measures in effect throughout the remainder of the period for which the scheme is in operation.

(2) But subsection (1) does not apply in relation to any period during which the authority or authorities are temporarily unable to provide the facilities or take the measures or keep the measures in effect owing to circumstances beyond their control.

(3) Nor does it apply in the case of the Secretary of State if the Secretary of State is unable to provide the facilities or take the measures or keep the measures in effect owing to the variation or revocation of a traffic regulation order.

(4) The operator of a local service may not use facilities provided under an advanced quality partnership scheme unless—

(a) the operator has given a written undertaking to a traffic commissioner that, when using the facilities on any date, the operator will provide the service to the standard specified in the scheme that is relevant to the use of those facilities on that date, and

(b) the operator provides the service to that standard when using the facilities, except in relation to any period during which the operator is temporarily unable to do so owing to circumstances beyond the operator's control.

(5) Where a measure has been taken under an advanced quality partnership scheme, the operator of a local service may not use a stopping place on a route to which that measure relates unless—

(a) the operator has given a written undertaking to a traffic commissioner that, when using such a stopping place on any date, the operator will provide the service to the standard specified in the scheme that is relevant to the use of such a stopping place on that date, and

(b) the operator provides the service to that standard when using such a stopping place, except in relation to any period during which the operator is temporarily unable to do so owing to circumstances beyond the operator's control.

(6) But subsections (4) and (5) do not apply in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 113H(3).

(7) Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars of the service concerned registered under section 6 of the Transport Act 1985 (registration of local services).

113K

(1) The Secretary of State may by regulations make provision about the specifying in advanced quality partnership schemes of—

(a) facilities which are already being provided before the schemes are proposed (“existing facilities”), and

(b) measures which are already in effect before the schemes are proposed (“existing measures”).

(2) The regulations may in particular—

(a) provide that existing facilities may not be specified if they were being provided before a date prescribed by, or determined in accordance with, the regulations,

(b) provide that existing measures may not be specified if they were in effect before such a date,

(i) particular existing facilities or classes of existing facilities, or

(ii) particular existing measures or classes of existing measures,

may not be specified (whenever they were first provided or taken),

(d) provide that—

(i) particular existing facilities or classes of existing facilities, or

(ii) particular existing measures or classes of existing measures,

may be specified only in circumstances prescribed by the regulations,

(e) provide that, in circumstances prescribed by the regulations—

(i) particular existing facilities or classes of existing facilities, or

(ii) particular existing measures or classes of existing measures,

may be specified only with the consent of a person prescribed by, or determined in accordance with, the regulations, and

(f) make provision modifying any provision of sections 113G to 113I in relation to schemes which specify existing facilities or existing measures.

113L

(1) The authority or authorities who made an advanced quality partnership scheme may vary the scheme if they decide that it is appropriate to do so.

(2) The authority or authorities who made a scheme may revoke it before the end of the period for which it would otherwise remain in operation if all persons who have given an undertaking to provide a service to the standard specified in the scheme consent to the revocation of the scheme; and such consent must not be unreasonably withheld.

(3) If the variation of a scheme under subsection (1) would require the making of a traffic regulation order, the variation is subject to the same procedure as the making of a scheme.

(4) Any other variation of a scheme under subsection (1), or the revocation of a scheme under subsection (2), is subject to that procedure, except to the extent that the procedure is modified by regulations made under section 113N.

113M

(1) The relevant references to the authority or authorities in relation to an advanced quality partnership scheme—

(a) include a local transport authority if it has been varied so that it relates to that authority's area, but

(b) do not include a local transport authority if it has been varied so that it no longer relates to that authority's area.

(2) But if (although the scheme does not relate to a local transport authority's area) it would do by reason of a proposed variation, those references (apart from those in section 113J) include that authority.

(3) The relevant references (apart from those in section 113C(1) and in the words before paragraph (a) of section 113C(5)) to the authority or authorities in relation to an advanced quality partnership scheme—

(a) include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities or traffic regulation measures, but

(b) do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities or measures.

(4) But if (although the scheme does not specify facilities which are traffic regulation facilities in relation to a traffic regulation authority or measures which are traffic regulation measures in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references (apart from those in section 113J) include that authority.

(5) And if (although the scheme specifies facilities which are traffic regulation facilities in relation to a traffic regulation authority or measures which are traffic regulation measures in relation to a traffic regulation authority)—

(a) the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities or the taking of those measures has been revoked, and

(b) the scheme is proposed to be varied (but not so that it specifies other facilities which are traffic regulation facilities in relation to that authority or other measures which are traffic regulation measures in relation to that authority),

the relevant references (apart from those in section 113J) do not include that authority.

(6) For the purposes of this section the relevant references are those in—

(a) section 113C(1) to (7),

(b) section 113D, and

and paragraph 27(2A) of Schedule 9 to the Road Traffic Regulation Act 1984.

(7) In this section “traffic regulation authority” means—

(a) a metropolitan district council, or

(b) the Secretary of State.

(8) For the purposes of this section—

(a) facilities are traffic regulation facilities, in relation to a traffic regulation authority and an advanced quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so;

(b) measures are traffic regulation measures, in relation to a traffic regulation authority and an advanced quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those measures or would have been required to be a maker of it had it done so.

113N

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.