The Local Authorities’ Plans and Strategies (Disapplication) (England) (Amendment) Order 2009

Amendment of article 7 and Schedule 2

7.—(1) In article 7 (disapplication of duties to prepare local transport plans and bus strategies and amendment of provisions relating to such plans)—

(a) in paragraph (1), for “excellent” substitute “4 stars”;

(b) in paragraph (2)(a) and (b), for “excellent” substitute “4 stars”;

(c) in paragraph (3)—

(i) for “An excellent authority, who at the date on which this Order comes into force” substitute “An authority who is a 4 stars authority and who, on 1st February 2005”;

(ii) in sub-paragraph (a) for “have” substitute “had”;

(iii) in sub-paragraph (b) for “are” substitute “were”;

(d) in paragraph (4) for “an excellent” substitute “a 4 stars”;

(e) for paragraph (6) substitute—

“(6) Paragraph (7) applies where, on or after the coming into force of the 2009 Order, a local transport authority—

(a) cease to fall within paragraph (1), or

(b) cease to be treated as falling within that paragraph,

and the cessation is not by reason only of the expiration of a period previously specified under paragraph (7).”;

(f) after paragraph (6) add—

“(7) Where this paragraph applies, the authority shall be treated for the purposes of paragraph (1) as continuing to fall within that paragraph for a period—

(a) of such length, no shorter than one year and not exceeding two years, as the Secretary of State may specify in writing to the authority, and

(b) beginning with the date of the cessation mentioned in paragraph (6).”.

(2) In paragraph 1(b) of Part 1 of Schedule 2 (modification of the Transport Act 2000(1)) for the definition of “excepted authority” in section 108(4) as modified by that sub-paragraph, substitute—

““excepted authority” means a local transport authority in England who—

(a) are a 4 stars authority within the meaning given to that term by the Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005; or

(b) are treated by virtue of article 7(7) of that Order as such an authority for the purposes of article 7(1).”.

(1)

2000 c.38.