Transport Act 2000

[F1 126D Consideration of proposed schemes by boards E+W

(1) Following receipt of a request from the authority or authorities under section 126C(4), the QCS board is to consider the proposed scheme and—

(a) form an opinion whether the conditions set out in the paragraphs of section 124(1) or, as the case may be, of section 124(1A) are met in the case of the proposed scheme;

(b) form an opinion whether the authority or authorities have complied with the requirements of section 125(1) to (3).

(2) If the board is of the opinion that the conditions mentioned in subsection (1)(a) are not met, it may make recommendations as to actions that the authority or authorities might take in response to that opinion.

(3) If the board is of the opinion that the authority or authorities have not complied with the requirements of section 125(1) to (3), it may make recommendations as to actions that the authority or authorities might take in response to that opinion.

(4) If, in performing its functions under subsection (1)(b), the board is of the opinion that any person who was not consulted under section 125(3) ought to have been so consulted, that person has—

(a) the rights of appeal under section 127A that are conferred by virtue of subsection (3)(b) of that section, or

(b) in a case where this section applies by virtue of section 131C(3) (non-exempt proposal to continue scheme), the rights of appeal under section 131F that are conferred by virtue of subsection (3)(b) of that section.

(5) The board is to give notice to the authority or authorities of—

(a) the opinions that it has formed on the questions in paragraphs (a) and (b) of subsection (1),

(b) any recommendations that it makes under subsection (2) or (3),

(c) its reasons for forming those opinions and making any such recommendations,

and is to publish a report stating those opinions, recommendations and reasons.

(6) If, in a case where the board makes recommendations under subsection (3), the authority or authorities take the action recommended by the board and publish notice that they have done so, this Part has effect as if—

(a) the authority or authorities had complied with the requirements of section 125(1) to (3) to which the recommendations relate, and

(b) the opinion formed by the board on the question in subsection (1)(b) had included (and had been stated in the report as including) the opinion that the authority or authorities had complied with those requirements.

(7) Following receipt of the notice under subsection (5), the authority or authorities may modify the proposed scheme.

(8) If the authority or authorities—

(a) modify the proposed scheme by virtue of subsection (7) or section 125(5), and

(b) send the board a request under section 126C(4) by virtue of section 126C(6),

this section has effect with such modifications or exclusions as may be prescribed by regulations under section 126E or 133.]

Textual Amendments

F1 Ss. 126C, 126D inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 24, 134(4); S.I. 2009/3242, art. 2(1)(a)