The Advanced Quality Partnership Schemes (England) Regulations 2018

Procedure for reviews E+W

25.—(1) A review notice must specify the last date for the receipt of representations from relevant participating operators in response to that notice, and that date must be—

(a) not less than 28 days; and

(b) not more than 42 days,

after the date on which the review notice is issued.

(2) The lead authority must, within a period of 35 days beginning with the date specified in the review notice in accordance with paragraph (1), decide whether the requirements as to frequencies, timings, maximum fares or the formula used to vary maximum fares, should—

(a) continue to have effect until the next review;

(b) cease to have effect; or

(c) be revised.

(3) The lead authority must, once a decision is made by virtue of paragraph (2), issue a written notice to all relevant participating operators.

(4) The lead authority may, with the written consent of all of the relevant participating operators, extend the period specified in paragraph (2).

(5) Where the decision referred to in paragraph (2) is that the requirements as to frequencies, timings, maximum fares or the formula used to vary maximum fares, should be revised, the notice issued under paragraph (3) must—

(a) set out the details of the proposed revisions; and

(b) subject to paragraph (6), set out the timetable for the proposed implementation of the revisions.

(6) The timetable specified in accordance with paragraph (5)(b) must—

(a) provide for any revision of requirements as to maximum fares, or the formula used to vary maximum fares, to take effect as soon as reasonably practicable after the review is completed;

(b) provide for any revision of requirements as to frequencies or timings to take effect as soon as reasonably practicable after the review is completed, taking into account the need for operators, as appropriate, to register a new local service, or vary or cancel the registration of an existing local service, in accordance with section 6 of the 1985 Act; and

(c) take into account, where the lead authority is aware that a relevant participating operator is party to a voluntary partnership agreement, as defined in section 153(2) of the 2000 Act M1 (competition test: functions and agreements relating to buses), or any other agreement with operators of local services, any conditions which that agreement might contain restricting the implementation of changes to requirements as to frequencies, timings or maximum fares to particular dates or times in the year.

Marginal Citations

M1 Section 153 was substituted by section 46(1) of the Local Transport Act 2008 (c. 26) and was amended by paragraph 8(2) and (3) of Schedule 1, paragraph 5 of Schedule 3 and paragraph 5 of Schedule 4 to the Bus Services Act 2017 (c. 21).