Chwilio Deddfwriaeth

Transport Act 2000

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Point in time view as at 11/01/2010.

Changes to legislation:

Transport Act 2000, Cross Heading: Local transport plans and bus strategies is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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 must prepare a document to be known as the local transport plan [F8containing—

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

(b)in the case of an authority whose area is in Wales, their policies under subsection (2A).]]

[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,

[F9(c)an Integrated Transport Authority for an integrated transport area in England,]

[F10(ca)a combined authority,] 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)

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

109[F12Further provision about plans: England]E+W

(1)A local transport authority [F13whose area is in England] must keep their local transport plan under review and alter it if they consider it appropriate to do so.

(2)[F14The authority must replace the plan not later than five years after the date on which it was made.]

[F14The authority may replace their plan as they think fit.]

[F15(2A)In preparing their local transport plan, and in keeping it under review, an authority other than an Integrated Transport Authority [F16or a combined authority] must consult—

(a)the Secretary of State in relation to functions which the Secretary of State has—

(i)as highway authority by virtue of section 1 of the Highways Act 1980, or

(ii)as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984,

(b)if the local transport authority is a county council, the councils of the districts in the county (if any).

(2B)In preparing their local transport plan, and in keeping it under review, an Integrated Transport Authority [F17 or a combined authority] must consult—

(a)each local traffic authority (within the meaning of the Road Traffic Regulation Act 1984) for any area within the integrated transport area of the Integrated Transport Authority [F18or (as the case may be) the area of the combined authority],

(b)the Secretary of State in relation to functions which the Secretary of State has—

(i)as highway authority by virtue of section 1 of the Highways Act 1980, or

(ii)as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984,

(c)each county council and each district council for any area within the integrated transport area of the Integrated Transport Authority [F19or (as the case may be) the area of the combined authority].

(2C)In preparing their local transport plan, and in keeping it under review, the authority must consult such of the following persons as they consider appropriate—

(a)operators of any network or station, or of any railway services, in their area;

(b)operators or providers of other transport services in their area, or organisations appearing to the authority to be representative of the interests of such persons;

(c)organisations appearing to the authority to be representative of the interests of users of transport services and facilities in their area;

and must also consult any other persons whom they consider appropriate.

(2D)Any expression which is used in subsection (2C)(a) or (b) and in Part 1 of the Railways Act 1993 has the meaning given in that Part, taking “railway” to have its wider meaning (see section 81 of that Act).]

(3)As soon as practicable after any occasion when they prepare a new plan or alter their plan, the authority must—

(a)publish the plan or the plan as altered in such manner as they think fit, and

(b)send a copy of it to the Secretary of State F20... and to such other persons (if any) as may be specified in guidance under section 112(1).

(4)The authority must also—

(a)cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit,

(b)give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and

(c)supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

F21(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14S. 109(2) substituted (1.4.2009 for W., 1.4.2011 for E.) by Local Transport Act 2008 (c. 26), ss. 9(3), 134(4); S.I. 2009/107, art. 5(1) (with art. 5(2)); S.I. 2009/579, art. 2(b)

F15S. 109(2A)-(2D) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 9(4), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)

F20Words in s. 109(3)(b) omitted (26.5.2006) by virtue of Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(4); S.I. 2006/1403, art. 2(2)(c)

Modifications etc. (not altering text)

Commencement Information

I2S. 109 wholly in force at 1.8.2001; s. 109 not in force at Royal Assent see s. 275(1)(2); s. 109 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. 109 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

[F22109AApproval of plans: WalesE+W

(1)A local transport authority whose area is in Wales must submit their local transport plan to the National Assembly for Wales for its approval.

(2)If the Assembly refuses to approve a plan submitted to it by a local transport authority under this section—

(a)the Assembly must give the local transport authority a statement of the reasons for its refusal, and

(b)the authority must prepare another local transport plan and submit the plan to the Assembly for its approval.

(3)If the Assembly approves a local transport plan under this section, the plan has effect when the approval is given.

(4)The Assembly may approve a local transport plan under this section if (but only if) it considers—

(a)that the plan is consistent with the Wales Transport Strategy, and

(b)that the policies contained in the plan are adequate for the implementation in the authority's area of the Strategy.

F23(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

109BFurther provision about plans: WalesE+W

(1)A local transport authority whose area is in Wales must keep their local transport plan under review and alter it if they consider it appropriate to do so.

(2)The authority must in particular review the plan as soon as practicable after the publication of the Wales Transport Strategy or any revision of it.

(3)The authority must replace their local transport plan not later than five years after the date on which the plan was approved under section 109A.

(4)Section 109A applies to a replacement plan and a plan as altered as it applies to a plan as originally prepared.

(5)A local transport authority whose area is in Wales shall be taken to have complied with subsection (3) if (but only if)—

(a)the authority submit their replacement plan to the National Assembly for Wales for approval under section 109A before the end of the five year period mentioned in subsection (3), and

(b)the Assembly approves the plan under section 109A (whether the approval is given before or after the end of that five year period).

(6)If an authority fail to comply with subsection (3) because they fail to submit their replacement plan to the Assembly for approval under section 109A before the end of the five year period mentioned in that subsection, the authority must replace their local transport plan as soon as practicable after the expiry of the five year period.

(7)If an authority fail to comply with subsection (3) because the Assembly refuses to approve a plan submitted to it under section 109A, the authority must replace their local transport plan as soon as practicable after the refusal.

(8)As soon as practicable after their plan, or their plan as altered, has been approved under section 109A, a local transport authority whose area is in Wales must—

(a)publish the plan or the plan as altered in such manner as they think fit, and

(b)send a copy of it to such persons (if any) as may be specified in guidance under section 112(1).

(9)The authority must also—

(a)cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit,

(b)give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and

(c)supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

Textual Amendments

109CTransitional provisions: WalesE+W

(1)Where a local transport authority whose area is in Wales have, before 1st August 2001, prepared and published a document which—

(a)contains policies developed by them for the purposes described in section 108(1)(a), and

(b)was prepared and published in accordance with guidance issued by the National Assembly for Wales,

that document shall be taken to be the authority's local transport plan.

(2)But, in the case of a document which is a local transport plan by virtue of subsection (1), section 109B(3) requires its replacement not later than such date as is specified in an order made by the National Assembly for Wales (rather than not later than five years after the date on which it was approved under section 109A).

(3)For the purposes of section 109B(3), a local transport plan made before the coming into force of section 109A by a local transport authority whose area is in Wales shall be taken to have been approved under section 109A on the date on which it was made.]

Textual Amendments

F24110 Bus strategies.E+W

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

Textual Amendments

F25111 Consultation and publicity about bus strategies.E+W

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

Textual Amendments

112 Plans and strategies: supplementary.E+W

(1)In carrying out their functions under [F26sections 108 to 109B] , a local transport authority must have regard to any guidance concerning—

(a)the content of local transport plans F27...,

(b)the preparation of such plans F27...,

(c)the alteration and replacement of such plans F27..., and

(d)the publication and making available of such plans F27... as originally made and as altered or replaced,

which is issued from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

(2)In developing [F28and implementing] their policies under section 108(1) F29..., a local transport authority must have regard to the transport needs of [F30disabled persons (within the meaning of the Disability Discrimination Act 1995) and of] persons who are elderly or have mobility problems.

Textual Amendments

F26Words in s. 112(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(4)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

F27Words in s. 112(1) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(4)(b), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

F28Words in s. 112(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 11(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)

F29Words in s. 112(2) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(5), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

F30Words in s. 112(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 11(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)

Modifications etc. (not altering text)

Commencement Information

I3S. 112 wholly in force at 1.8.2001; s. 112 not in force at Royal Assent see s. 275(1)(2); s. 112 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. 112 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

113 Role of metropolitan district councils.E+W

F31(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F32The duties imposed on an Integrated Transport Authority for an integrated transport area [F33or a combined authority for an area] by—

(a)section 108(1)(b), (2ZA) and (3B), and

(b)section 109(4),

are also duties of each of the councils for the metropolitan districts comprised in the area, subject to the modifications set out in subsection (2A).

(2A)The modifications are—

(a)in section 108(1)(b), the reference to “those policies” is a reference to the policies developed by the Integrated Transport Authority [F34or (as the case may be) the combined authority] for that area;

(b)in section 108(3B), the reference to “their plan” is a reference to the local transport plan of the Integrated Transport Authority [F34or (as the case may be) the combined authority] for that area;

(c)in section 109(4), the reference to “their local transport plan” is a reference to the local transport plan of the Integrated Transport Authority [F34or (as the case may be) the combined authority] for that area.]

F35(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32S. 113(2)(2A) substituted for s. 113(2) (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 12(3), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 3); S.I. 2009/579, art. 2(b)

Commencement Information

I4S. 113 wholly in force at 1.8.2001; s. 113 not in force at Royal Assent see s. 275(1)(2); s. 113 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. 1 (subject to the savings in Sch. 3 Pt. 2); s. 113 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

[F36113AModification of provisions about plans and strategies: WalesE+W

(1)The National Assembly for Wales may by order modify the application of [F37sections 108 to 109B] in relation to local transport authorities whose areas are in Wales for the purpose of—

(a)permitting a local transport plan to be prepared in respect of part only of an authority's area;

(b)permitting a local transport plan to be prepared by two or more authorities jointly in respect of an area comprising all or any part or parts of their areas.

(2)An order under subsection (1) made for the purpose mentioned in subsection (1)(b) may in particular include provision for—

(a)the plan to be prepared by one of the authorities concerned on behalf of both or all of them;

(b)administrative arrangements, including the apportionment of the cost of preparing the plan between the authorities concerned.

(3)Before making an order under subsection (1) the Assembly must consult the local transport authorities concerned and any other persons it considers appropriate.

Textual Amendments

F37Words in s. 113A(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(6), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

113BDirections concerning plans and strategies: WalesE+W

(1)The National Assembly for Wales may issue to a local transport authority whose area is in Wales general or specific directions as to the manner in which they are to carry out their functions under [F38sections 108 to 109B] .

(2)Directions issued by the Assembly under subsection (1) may include in particular directions—

(a)as to the timetable in accordance with which a local transport plan or alterations to a local transport plan must be prepared;

(b)as to the action required to be taken to implement the policies contained in a local transport plan;

(c)as to the steps required to be taken to remove the effects of action which is incompatible with those policies.

(3)Directions under this section—

(a)must be in writing;

(b)may be varied or revoked by further directions under this section.

(4)Before issuing, varying or revoking directions under this section the Assembly must consult the local transport authority concerned and any other persons it considers appropriate.]

Textual Amendments

F38Words in s. 113B(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 10(6), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1 (with Sch. 2 para. 2); S.I. 2009/579, art. 2(b) (with Sch. para. 1)

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  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill