Local Transport Act 2008

92 Orders under sections 84 to 91 E+W

(1) This section applies to an order made under any of sections 84 to 91.

(2) An order may be made only if the Secretary of State, having had regard to a scheme prepared and published under section 82 or 83, considers that the making of the order is likely to improve—

(a) the exercise of statutory functions relating to transport in the area or areas to which the order relates, or

(b) the effectiveness and efficiency of transport within that area or those areas.

(3) The requirement in subsection (2) to have regard to a scheme does not apply in relation to any matter if a direction has been given under section 83 in relation to the matter and any period specified in the direction for the preparation and publication of a scheme has expired.

(4) Before making an order the Secretary of State must consult—

(a) such representatives of authorities mentioned in sections 82(2) and 83(2), and

(b) such other persons (if any),

as the Secretary of State considers appropriate.

(5) In making an order the Secretary of State must have regard to the need—

(a) to reflect the identities and interests of local communities, and

(b) to secure effective and convenient local government.

(6) An order which makes provision for dissolution of an integrated transport area may be made only with the consent of a majority of the councils falling within subsection (7).

(7) The councils are—

(a) the councils for any metropolitan districts whose areas are comprised in the integrated transport area,

(b) the councils for any counties whose areas are comprised in the integrated transport area,

(c) any unitary councils for any non-metropolitan districts whose areas are comprised in the integrated transport area.

(8) An order which changes the boundaries of an integrated transport area may be made only if each council mentioned in subsection (9) has consented to the boundary change.

(9) The councils are—

(a) any council for a county or a metropolitan district, and any unitary council, whose area—

(i) is comprised in the existing integrated transport area, and

(ii) would not be comprised in the proposed integrated transport area,

(b) any council for a county or a metropolitan district, and any unitary council, whose area—

(i) is not comprised in the existing integrated transport area, and

(ii) would be comprised in the proposed integrated transport area.

(10) In this section a “unitary council” is a council for a non-metropolitan district comprised in an area for which there is no county council.

(11) This section has effect in relation to the variation or revocation of an order as it has effect in relation to the making of an order.

Commencement Information

I1 S. 92 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1