Transport Act 2000

[F1 113N Regulations about schemes E+W

(1) The Secretary of State may by regulations make further provision with respect to—

(a) the procedure to be followed when making, varying or revoking advanced quality partnership schemes,

(b) the content or operation of schemes which include—

(i) a requirement falling within section 113E(4)(b) or (5)(a), or

(ii) a requirement falling within section 113E(4)(a) or (5)(b) relating to an undertaking that would fall to be given under section 113C(4)(b),

(c) the local services or classes of local services which must be, or may be, excluded from schemes,

(d) the conditions which must be, or may be, attached to such exclusions,

(e) the form and manner in which undertakings are to be given to a traffic commissioner in connection with schemes,

(f) the making of traffic regulation orders in connection with schemes, and

(g) such other incidental matters in connection with advanced quality partnership schemes as the Secretary of State thinks fit.

(2) The regulations may in particular make provision with respect to—

(a) giving notice of proposed schemes or proposed variations or revocation of schemes,

(b) objections to such proposals,

(c) the holding of inquiries or hearings into objections,

(d) modifications of such proposals,

(e) the form of schemes or variations, and

(f) giving notice of schemes which have been made or of the variation or revocation of schemes.

(3) As regards schemes which include or would include—

(a) a requirement described in subsection (1)(b)(i), or

(b) a requirement described in subsection (1)(b)(ii),

regulations under subsection (1)(a) or (b) may in particular make the provision referred to in subsection (4).

(4) The provision mentioned in subsection (3) is provision—

(a) for section 113E(7) or (8) not to apply in such circumstances as may be prescribed,

(b) in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 113I, for any such requirement not to take effect unless prescribed conditions are satisfied,

(c) as to the meaning of “admissible objection” for the purposes of section 113E(7) and (8) and subsection (5)(b) of this section,

(d) as to the meaning of “relevant operator” for those purposes, and

(e) as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator.

(5) As regards schemes which include a requirement described in subsection (1)(b)(i), regulations under subsection (1)(b) may also make provision—

(a) requiring such schemes to include provision—

(i) as respects the setting of frequencies, timings or maximum fares to which the requirements relate,

(ii) for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed,

(iii) for a maximum interval before any such requirements must next be reviewed,

(iv) as respects other circumstances in which any such requirements must or may be reviewed, and

(v) as respects revision of any such requirements after a review, and

(b) for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators.

(6) The revision of requirements as to frequencies, timings or maximum fares under any provision included in a scheme by virtue of regulations under subsection (5)(a) is not to be regarded as a variation of the scheme for the purposes of section 113L (variation or revocation of schemes).

(7) Nothing in subsection (5) or (6) is to be taken to derogate from what may be done under or by virtue of section 113L.

(8) The provision that may be made by virtue of subsection (4)(e) includes provision for and in connection with—

(a) the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph;

(b) the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination;

(c) the payment—

(i) by the Secretary of State to an adjudicator, or

(ii) by the Secretary of State or an adjudicator to an assessor,

of such remuneration as may be determined by or in accordance with the regulations.]

Textual Amendments

F1 Ss. 113C-113O and cross-heading inserted (27.4.2017 for specified purposes) by Bus Services Act 2017 (c. 21), ss. 1, 26(3)