132 Variation or revocation of scheme.E+W
(1)The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may vary it by—
(a)increasing the area to which it relates (to no greater than the whole of their area or combined area) or adding to the description of local services which are to be provided under quality contracts,
(b)reducing that area or reducing the description of services, or
(c)providing for new exclusions from the scheme or for the variation or revocation of existing exclusions.
(2)The scheme may not be varied under subsection (1)(a) unless the conditions set out in [F1[F2subsection (1)(a) to (e)] of section 124 or those set out in subsection (1A)(a) to (d) of that section] are met with respect to the scheme as varied.
(3)The scheme may not be varied under subsection (1)(b) unless [F3the relevant conditions] —
(a)are no longer met with respect to it, but
(b)are met with respect to the scheme as varied.
(4)The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may revoke the scheme—
(a)if [F4the relevant conditions] are no longer met with respect to it,
[F5(aa)if they consider that those conditions would no longer be met with respect to it if they were to act in accordance with a direction given by the [F6Upper] Tribunal under this Part, or]
(b)if they and one or more other authorities make a quality contracts scheme covering the whole or part of the area to which it relates.
[F7(4A)In subsections (3) and (4) “the relevant conditions” means—
(a)in the case of a scheme made under section 124(1) and not subsequently [F8continued in operation under section 131A or] varied under subsection (1)(a) of this section, the conditions set out in section [F9124(1)(a) to (e)];
(b)in the case of a scheme made under section 124(1A) and not subsequently [F10continued in operation under section 131A or] varied under subsection (1)(a) of this section, the conditions set out in section 124(1A)(a) to (d); and
(c)in the case of a scheme that has been [F11continued in operation under section 131A or] varied under subsection (1)(a) of this section, the conditions by reference to which it was last so [F12continued in operation or] varied.]
[F13(5)The variation or revocation of a scheme under subsection (1) or (4) is subject to the provisions of—
(a)subsection (6) (revocation: areas in England),
(b)subsection (7) (non-exempt variation: areas in England),
(c)subsection (8) (exempt variation: areas in England), or
(d)subsection (9) (areas in Wales),
except to the extent that section 132B (exemption for specific variations directed by [F14Upper] Tribunal on appeal) otherwise provides.]
[F13(6)The revocation of a scheme for an area in England is subject to the following requirements—
(a)before deciding to revoke the scheme, the authority or authorities must consult the persons mentioned in section 125(3) and [F15a traffic commissioner],
(b)as soon as reasonably practicable after deciding to revoke the scheme, the authority or authorities must give notice of the decision to [F15a traffic commissioner] and must publish the notice in at least one newspaper circulating in the area to which the scheme relates,
(c)the notice must state that the decision has been taken and specify the date on which the revocation is to take effect,
except to the extent that those requirements are modified or excluded by regulations made by the Secretary of State under section 133.]
F16...
[F13(7)The non-exempt variation of a scheme for an area in England is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified or excluded by regulations made by the Secretary of State under section 133.]
[F13(8)The exempt variation of a scheme for an area in England is subject to the same procedure as the making of a scheme, except to the extent that that procedure is modified or excluded by regulations made by the Secretary of State under section 133, but for the purposes of this subsection—
(a)sections 124(2)(c) and (2A), 126A to 126E and 127(1)(a) and (1A) (the QCS board provisions) do not apply;
(b)there is no requirement to give notice to the senior traffic commissioner under section 125(1)(d);
(c)the authority or authorities must consult [F17a traffic commissioner];
(d)sections 127A and 127B (appeals to the [F18Upper] Tribunal) do not apply;
(e)section 132A (appeals where proposed variation considered exempt) has effect in those cases for which it makes provision.]
[F13(9)The variation or revocation of a scheme for an area in Wales—
(a)requires the approval of the Welsh Ministers, except in the case of a variation which is an exempt variation, and
(b)is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified or excluded by regulations made by the Welsh Ministers under section 133.]
[F13(10)Section 130 (tendering) applies to a varied scheme (whether or not the variation is an exempt variation) but subject to regulations made by the appropriate national authority under section 133(3).]
[F13(11)A variation of a scheme is an exempt variation for the purposes of this section if the variation is—
(a)a reduction in the area to which the scheme relates,
(b)a reduction in the descriptions of services which are to be provided under quality contracts, or
(c)the provision of new exclusions from the scheme,
and a “non-exempt variation” is any other variation of a scheme.]
[F19(12)]The appropriate national authority may by regulations provide that in prescribed circumstances quality contracts schemes may be revoked by that authority before coming into operation.
Textual Amendments
F1Words in s. 132(2) substituted (1.12.2006) by Railways Act 2005 (c. 14), ss. 39(4)(a), 60(2); S.I. 2006/2911, art. 2, Sch.
F2Words in s. 132(2) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(2), 134(4); S.I. 2009/3242, art. 2(1)(a)
F3Words in s. 132(3) substituted (1.12.2006) by Railways Act 2005 (c. 14), ss. 39(4)(b), 60(2); S.I. 2006/2911, art. 2, Sch.
F4Words in s. 132(4) substituted (1.12.2006) by Railways Act 2005 (c. 14), ss. 39(4)(b), 60(2); S.I. 2006/2911, art. 2, Sch.
F5S. 132(4)(aa) substituted for word in s. 132(4)(a) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(3), 134(4); S.I. 2009/3242, art. 2(1)(a)
F6Word in s. 132(4)(aa) substituted (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), art. 1, Sch. 1 para. 5(e)
F7S. 132(4A) inserted (1.12.2006) by Railways Act 2005 (c. 14), s. 39(4)(c)(5), 60(2); S.I. 2006/2911, art. 2, Sch.
F8Words in s. 132(4A)(a) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(4)(a), 134(4); S.I. 2009/3242, art. 2(1)(a)
F9Words in s. 132(4A)(a) substituted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(4)(b), 134(4); S.I. 2009/3242, art. 2(1)(a)
F10Words in s. 132(4A)(b) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(4)(c), 134(4); S.I. 2009/3242, art. 2(1)(a)
F11Words in s. 132(4A)(c) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(4)(d), 134(4); S.I. 2009/3242, art. 2(1)(a)
F12Words in s. 132(4A)(c) inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(4)(e), 134(4); S.I. 2009/3242, art. 2(1)(a)
F13S. 132(5)-(11) substituted for s. 132(5) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(5), 134(4); S.I. 2009/3242, art. 2(1)(a)
F14Word in s. 132(5) substituted (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), art. 1, Sch. 1 para. 5(e)
F15Words in s. 132(6)(a)(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)
F16Words in s. 132(6) omitted (3.7.2013) by virtue of The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
F17Words in s. 132(8)(c) 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)
F18Word in s. 132(8)(d) substituted (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), art. 1, Sch. 1 para. 5(e)
F19S. 132(12): s. 132(6) renumbered as s. 132(12) (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 37(6), 134(4); S.I. 2009/3242, art. 2(1)(a)
Modifications etc. (not altering text)
C1S. 132: transfer of functions (27.1.2015) by The Transfer of Tribunal Functions (Transport Tribunal) Order 2015 (S.I. 2015/65), arts. 1, 2(2)(e) (with Sch. 2)
Commencement Information
I1S. 132 partly in force; s. 132 not in force at Royal Assent see s. 275(1)(2); s. 132(6) wholly in force and s. 132(1)-(5) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 2, 3; s. 132 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.