127 Making of scheme.E+W
[F1(1)The authority or authorities who proposed the scheme may make it—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F3... in accordance with the requirements of subsection (1B).]
F4(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1(1B)If—
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the Welsh Ministers approve the scheme under section 126,
the authority or authorities who proposed it may make it, as approved, at any time not later than 6 months after the date of the approval.]
(2)The scheme must specify—
(a)the area to which it relates,
[F6(b)the date on which it is to come into operation or, if the scheme provides for different provisions to come into operation on different dates, or on different dates for different purposes, those dates in the case of each provision, and]
(c)the period for which it is to remain in operation, which must not be more than ten years [F7from the earliest date on which the scheme or any of its provisions comes into operation.]
[F8(2A)No date that is to be specified under subsection (2)(b) may be earlier than 6 months after the scheme is made.]
(3)The scheme must outline—
(a)the local services which are to be provided under quality contracts, and
(b)the features of the proposed invitations to tender for quality contracts.
[F9(3A)The scheme must specify the date or dates on which it is proposed that the authority or authorities will issue invitations to tender for the provision of any services to which the scheme relates (see section 130).]
(4)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.
(5)The scheme may contain such ancillary provisions as the authority or authorities think fit.
(6)The scheme may include provision—
(a)varying or revoking any quality partnership scheme which only relates to the area of the authority, or combined area of the authorities, by which the scheme is made, or
(b)varying any other quality partnership scheme to the extent that it so relates.
(7)If provision is made under subsection (6)(b) to vary the quality partnership scheme so that it no longer so relates, such of the authorities by which it was made as did not make the quality contracts scheme—
(a)may (subject to the provision so made) vary it if they decide that it is appropriate to do so, or
(b)may revoke it if all persons who have given an undertaking to provide a service to a standard specified in the scheme consent to the revocation of the scheme (which consent must not be unreasonably withheld);
and subsections (3) and (4) of section 120 apply to a variation or revocation under this subsection.
(8)Not later than 14 days after the date on which the scheme is made, the authority or authorities must—
(a)give notice in at least one newspaper circulating in the area to which the scheme relates, and
(b)send a copy of the scheme to [F10a traffic commissioner].
(9)The notice must state—
(a)that the scheme has been made,
(b)where a copy of the scheme may be inspected, and
[F11(c)the date or dates on which the scheme, or the different provisions of the scheme, are to come into operation.]
[F12(10)The appropriate national authority may by order vary any of the periods mentioned in subsection F13... (1B) or (2A).]
Textual Amendments
F1S. 127(1)-(1B) substituted for s. 127(1) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(2), 134(4); S.I. 2009/3242, art. 2(1)(a)
F2S. 127(1)(a) 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. 11(a)
F3Words in s. 127(1)(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. 11(b)
F4S. 127(1A) 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. 11(c)
F5S. 127(1B)(a) 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. 11(d)
F6S. 127(2)(b) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(3), 134(4); S.I. 2009/3242, art. 2(1)(a)
F7Words in s. 127(2)(c) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(4), 134(4); S.I. 2009/3242, art. 2(1)(a)
F8S. 127(2A) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(5), 134(4); S.I. 2009/3242, art. 2(1)(a)
F9S. 127(3A) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(6), 134(4); S.I. 2009/3242, art. 2(1)(a)
F10Words in s. 127(8)(b) 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)
F11S. 127(9)(c) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 26(7), 134(4); S.I. 2009/3242, art. 2(1)(a)
F12S. 127(10) substituted (26.11.2008 for specified purposes, 11.1.2010 for E. in so far as not already in force) by Local Transport Act 2008 (c. 26), ss. 26(8), 134(1)(c)(4); S.I. 2009/3242, art. 2(1)(a)
F13Word in s. 127(10) 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. 11(e)
Commencement Information
I1S. 127 partly in force; s. 127 not in force at Royal Assent see s. 275(1)(2); s. 127 in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 3; s. 127 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.