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Part IIE+W Local transport

Modifications etc. (not altering text)

C1Pt. 2: power to amend conferred (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 9(1)(2), 10(1)(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)

C4Pt. 2: delegation of functions (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(b)

C5Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8

C6Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(1)

Local transport plans and bus strategiesE+W

108 Local transport plans.E+W

(1)Each local transport authority must—

(a)develop policies for the promotion and encouragement of safe, integrated, efficient and economic transport F1... to, from and within their area, and

(b)carry out their functions so as to implement those policies.

(2)[F2In subsection (1), “transport” means] —

(a)[F3the transport] required to meet the needs of persons living or working in the authority’s area, or visiting or travelling through that area, and

(b)[F3the transport] required for the transportation of freight;

and[F4includes] facilities and services for pedestrians.

[F5(2ZA)Each local transport authority whose area is in England must—

(a)in developing policies in accordance with subsection (1)(a), and

(b)in carrying out their functions in accordance with subsection (1)(b),

comply with the duties set out in subsection (2ZB).

(2ZB)The duties are—

(a)to take into account any policies announced by Her Majesty's government, and

(b)to have regard to any guidance issued for the purposes of this paragraph by the Secretary of State,

with respect to mitigation of, or adaptation to, climate change or otherwise with respect to the protection or improvement of the environment.

(2ZC)The power to issue guidance under subsection (2ZB)(b) does not affect the generality of the power to issue guidance under section 112(1).]

[F6(2A)Each local transport authority whose area is in Wales must also—

(a)develop policies for the implementation in their area of the Wales Transport Strategy, and

(b)carry out their functions so as to implement those policies.]

[F7(3)Each local transport authority whose area is in England must prepare a document to be known as (or two or more documents to be known together as) the local transport plan containing—

(a)their policies under subsection (1)(a);

(b)their proposals for the implementation of those policies.

(3A)Each local transport authority whose area is in Wales must prepare a document to be known as the local transport plan containing—

(a)their policies under subsection (1)(a), and

(b)their policies under subsection (2A).

(3B)A local transport authority whose area is in England must, in complying with the duty under subsection (1)(b), have regard to the proposals contained in their plan.]

(4)In this Part “local transport authority” means—

(a)a county council in England,

(b)a council of a non-metropolitan district in England comprised in an area for which there is no county council,

[F8(c)an Integrated Transport Authority for an integrated transport area in England,]

[F9(ca)a combined authority,]

[F10(cb)a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,] or

(d)a county council or county borough council in Wales.

[F11(5)In this Part “local transport policies” means policies developed under subsection (1)(a).]

Textual Amendments

F1Words in s. 108(1)(a) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(2), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)

F2Words in s. 108(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(3)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)

F3Words in s. 108(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(3)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)

F4Word in s. 108(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(3)(c), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)

F5S. 108(2ZA)-(2ZC) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 8(4), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 paras. 13); S.I. 2009/579, art. 2(b)

F7S. 108(3)-(3B) substituted for s. 108(3) (1.4.2009 for W., 1.4.2011 for E.) by Local Transport Act 2008 (c. 26), ss. 9(1), 134(4); S.I. 2009/107, art. 5(1) (with art. 5(2)); S.I. 2009/579, art. 2(b)

F11S. 108(5) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 7(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)

Modifications etc. (not altering text)

C22Ss. 108, 109: functions transferred (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2) (with reg. 15(3))

C27S. 108(1)(b)(2ZA)(3B): functions made exercisable concurrently (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(3)(4)

Commencement Information

I1S. 108 wholly in force at 1.8.2001; s. 108 not in force at Royal Assent see s. 275(1)(2); s. 108 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 108 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1