Local Transport Act 2008

20 Notice and consultation requirements E+W

(1) Section 125 of the TA 2000 (notice and consultation requirements) is amended as follows.

(2) In subsection (1) for the words from “they must give notice” to the end (which require the authority to give notice of the proposed scheme in a local newspaper) substitute “they must—

(a) publish, in such manner as they think fit, a consultation document complying with subsection (1A),

(b) supply a copy of that document to each of the persons mentioned in subsection (3),

(c) give notice in accordance with subsection (2) of the proposed scheme in at least one newspaper circulating in the area to which it relates, and

(d) if the proposed scheme relates to an area in England, send a copy of that notice to the senior traffic commissioner as soon as reasonably practicable after its publication.”.

(3) After subsection (1) insert—

“(1A) The consultation document mentioned in subsection (1)(a) must include—

(a) a description of the proposed scheme;

(b) a statement of the reasons why the authority or authorities are satisfied that the conditions in subsection (1) or, as the case may be, (1A) of section 124 are met;

(c) a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the implementation of the scheme;

(d) a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;

(e) a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—

(i) any estimated income from fares, and

(ii) any grants from Ministers of the Crown or government departments,

any remaining funding required to implement the scheme can be provided from other resources available to the authority or authorities;

(f) the date by which any written responses to the consultation must be submitted to the authority or authorities.

(1B) The description of the proposed scheme contained in the consultation document in accordance with subsection (1A)(a) must include—

(a) an outline of the local services which are proposed to be provided under it;

(b) a statement of any proposed exclusions from the scheme by virtue of section 127(4).

(1C) In subsection (1A)(e) “chief finance officer”, in relation to a local transport authority, means that officer of the authority who is responsible under—

(a) section 151 of the Local Government Act 1972, or

(b) section 73 of the Local Government Act 1985,

for making arrangements for the proper administration of the financial affairs of the authority.”.

(4) In subsection (2) (contents of notice)—

(a) at the end of paragraph (a) insert “ and ”;

(b) in paragraph (b) after “a copy of the scheme” insert “ and the consultation document ”;

(c) omit paragraph (c) and the word “and” preceding it.

(5) In subsection (3) (consultees) at the beginning of paragraph (e) (traffic commissioners for the area of the scheme) insert “ if the proposed scheme relates to an area in Wales, ”.

Commencement Information

I1 S. 20 in force at 11.1.2010 for E. by S.I. 2009/3242, art. 2(1)(a) (with art. 3)