Transport Act 2000

[F1 138K Variation E+W

(1) A local transport authority or authorities to whose area or combined area, or part of it, an enhanced partnership plan relates may vary the plan and any related enhanced partnership scheme.

(2) An enhanced partnership plan or scheme may, in particular, be varied by changing the area to which the plan or scheme relates so that—

(a) it includes the whole or a part of the area of another local transport authority, or

(b) it ceases to include any part of the area of a local transport authority.

(3) An enhanced partnership plan or scheme may not be varied unless the authority or authorities have complied with the requirements in—

(a) section 138L (preparation, notice and consultation), and

(b) section 138M(1) to (5) (making the variation).

(4) An enhanced partnership scheme may not be varied unless the authority or authorities are satisfied that the scheme, as varied, will contribute to the implementation of—

(a) the policies set out in the related enhanced partnership plan (or those policies as proposed to be varied, if the scheme and the policies in the plan are being varied at the same time), and

(b) their local transport policies.

(5) An enhanced partnership scheme may not be varied unless the authority or authorities are satisfied that the scheme, as varied, will—

(a) bring benefits to persons using local services in the whole or any part of the area to which the scheme relates by improving the quality or effectiveness of those services, or

(b) reduce or limit traffic congestion, noise or air pollution.

(6) The references in subsections (1) and (3) to (5) and sections 138L and 138M to the local transport authority or authorities—

(a) in relation to the variation of an enhanced partnership plan, or

(b) in relation to the variation of an enhanced partnership scheme, if the scheme is proposed to be varied at the same time as the related enhanced partnership plan is proposed to be varied,

include a reference to a local transport authority to no part of whose area the plan relates but to whose area or part of it the plan would relate under a proposed variation.

(7) Nothing in this section prevents an enhanced partnership scheme being varied, in accordance with the scheme, in such cases as are allowed by the scheme (see section 138E).

(8) Before varying an enhanced partnership plan, a local transport authority must have regard to the desirability, in appropriate cases, of varying a plan so as to include in the area to which the plan relates any part of the area of one or more other local transport authorities.]

Textual Amendments

F1 Ss. 138A-138S and cross-heading inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 9, 26(3)

Modifications etc. (not altering text)

C1 Pt. 2: functions made exercisable (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(1)

C2 Ss. 138A-143B: functions transferred (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2)