125 Notice and consultation requirements.E+W
(1)If an authority or authorities propose to make a quality contracts scheme, [F1they must—]
[F1(a)publish, in such manner as they think fit, a consultation document complying with subsection (1A),]
[F1(b)supply a copy of that document to each of the persons mentioned in subsection (3),] [F2and]
[F1(c)give notice in accordance with subsection (2) of the proposed scheme in at least one newspaper circulating in the area to which it relates, F3...]
F3( d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(1A)The consultation document mentioned in subsection (1)(a) must include—
(a)a description of the proposed scheme;
(b)a statement of the reasons why the authority or authorities are satisfied that the conditions in subsection (1) F5... of section 124 are met;
(c)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 implementation of the scheme;
(d)a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;
(e)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 implement the scheme can be provided from other resources available to the authority or authorities;
(f)the date by which any written responses to the consultation must be submitted to the authority or authorities.]
[F4(1B)The description of the proposed scheme contained in the consultation document in accordance with subsection (1A)(a) must include—
(a)an outline of the local services which are proposed to be provided under it;
(b)a statement of any proposed exclusions from the scheme by virtue of section 127(4).]
[F4(1C)In subsection (1A)(e) “chief finance officer”, in relation to a local transport authority, means that officer of the authority who is responsible under—
(a)section 151 of the Local Government Act 1972, or
(b)section 73 of the Local Government Act 1985,
for making arrangements for the proper administration of the financial affairs of the authority.]
(2)The notice must—
(a)describe the proposed scheme, [F6and]
(b)state where a copy of the scheme [F7and the consultation document ] may be inspected, F8...
F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)After giving notice of the proposed scheme, the authority or authorities must consult—
(a)all persons operating local services in the area to which it relates,
(b)all other persons holding a PSV operator’s licence or a community bus permit who would, in the opinion of the authority or authorities, be affected by it,
(c)such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,
(d)any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,
(e)F9... [F10a traffic commissioner],
(f)the chief officer of police for each police area covering the whole or part of [F11the area to which the proposed scheme relates], and
(g)such other persons as the authority or authorities think fit.
(4)For the purpose of subsection (3)(d) the following are relevant local authorities—
(a)local transport authorities,
(b)district councils in England,
(c)London transport authorities, and
(d)councils in Scotland.
(5)The authority or authorities may modify the proposed scheme following those consultations.
Textual Amendments
F1Words in s. 125(1) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(2), 134(4); S.I. 2009/3242, art. 2(1)(a) (with art. 3)
F2Word in s. 125(1)(b) 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), s. 26(3), Sch. 2 para. 8(a)(i)
F3S. 125(1)(d) and word omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 8(a)(ii)
F4S. 125(1A)-(1C) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(3), 134(4); S.I. 2009/3242, art. 2(1)(a) (with art. 3)
F5Words in s. 125(1A)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 8(b)
F6Word in s. 125(2)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(4)(a), 134(4); S.I. 2009/3242, art. 2(1)(a) (with art. 3)
F7Words in s. 125(2)(b) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(4)(b), 134(4); S.I. 2009/3242, art. 2(1)(a) (with art. 3)
F8S. 125(2)(c) repealed (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 20(4)(c), 134(4), Sch. 7 Pt. 2; S.I. 2009/3242, art. 2(1)(a) (with art. 3)
F9Words in s. 125(3)(e) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 8(c)
F10Words in s. 125(3)(e) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
F11Words in s. 125(3)(f) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
Commencement Information
I1S. 125 partly in force; s. 125 not in force at Royal Assent see s. 275(1)(2); s. 125 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 3; s. 125 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.