Transport Act 2000

[F1 138L Variation: preparation, notice and consultation E+W

(1) If a local transport authority or authorities propose to vary an enhanced partnership plan or scheme, they must—

(a) give notice of their intention to prepare changes to the plan or scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,

(b) prepare the changes,

(c) give notice of the changes prepared to the persons who are operators of qualifying local services in the area to which the plan (or the plan as proposed to be varied) relates on the relevant day, and

(d) give notice of the proposal to vary the plan or scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area.

(2) A notice under subsection (1)(c) must—

(a) contain full details of the changes prepared,

(b) state the effect of subsection (5), and

(c) state the period within which objections may be made (which may not be less than 28 days).

(3) A notice under subsection (1)(d) must—

(a) contain full details of the changes, or

(b) state where such details may be inspected.

(4) The authority or authorities must—

(a) invite operators of qualifying local services to participate in the preparation of the changes before starting to prepare them, and

(b) invite any person who becomes an operator of a qualifying local service while the changes are being prepared to participate in their preparation.

(5) A local transport authority or authorities may not give notice of a proposal under subsection (1)(d) if, within the period for objections given in the notice under subsection (1)(c)—

(a) a sufficient number of the persons who are operators of qualifying local services in the area to which the plan relates on the relevant day object to the changes prepared for the plan (if changes to a plan are prepared), or

(b) a sufficient number of the persons who are operators of qualifying local services in the area to which the scheme relates on the relevant day object to the changes prepared for the scheme (if changes to a scheme are prepared).

(6) After giving notice of the proposal under subsection (1)(d), the authority or authorities must consult the Competition and Markets Authority.

(7) If a local authority or authorities propose to vary two or more enhanced partnership schemes at the same time, subsection (5)(b) has effect as if references to the scheme were references to one of the schemes in question.

(8) The Secretary of State may by regulations—

(a) specify the descriptions of local services that are qualifying local services for the purposes of this section, and

(b) specify what constitutes a sufficient number of persons for the purposes of subsection (5)(a) or (b).

(9) Regulations under subsection (8)(b) may, in particular—

(a) require that changes to a plan or scheme be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services in the area in question as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and

(b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

(10) In this section “the relevant day”, in relation to changes to an enhanced partnership plan or scheme prepared by a local transport authority or authorities under subsection (1)(b), means the day before the authority or authorities send out a notice relating to that plan or scheme in accordance with subsection (1)(c).]

Textual Amendments

F1 Ss. 138A-138S and cross-heading inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 9, 26(3)

Modifications etc. (not altering text)

C1 Pt. 2: functions made exercisable (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(1)

C2 Ss. 138A-143B: functions transferred (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2)