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Local Transport Act 2008, Section 41 is up to date with all changes known to be in force on or before 28 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Commencement Orders bringing provisions within this Act into force:
(1)Section 133 of the TA 2000 (regulations about schemes) is amended as follows.
(2)In subsection (1)(a) (regulations with respect to making, varying or revoking schemes) after “making” insert “ continuing, ”.
(3)In subsection (1)(b) (approvals of schemes) after “schemes” insert “ for areas in Wales ”.
(4)After subsection (1)(b) insert—
“(bb)the procedure to be followed by local transport authorities for areas in England when discharging functions that relate to a QCS board,
(bc)the procedure to be followed by QCS boards when discharging functions relating to proposed schemes for areas in England,”.
(5)In subsection (2) (particular matters for which regulations may provide)—
(a)in paragraph (a) (proposed variations or revocation of schemes) before “variations” insert “ continuations, ”;
(b)in paragraph (e) (applications for approval of proposals) after “proposals” insert “ for areas in Wales ”;
(c)after paragraph (e) (form and manner of applications for approval) insert—
“(ee)the procedure for determining such applications,
(ef)the form and manner of requests under section 126C(4) relating to proposed schemes for areas in England,
(eg)the form and manner in which copies of proposed schemes for such areas are to be sent to a QCS board under section 126C(5),
(eh)the giving of notice, and the preparation and publication of reports, by QCS boards under section 126D(5),
(ei)the form and manner of responses by local transport authorities to such reports,”;
(d)in paragraph (f) (form of schemes or variations) after “schemes” insert “ , continuations ”;
(e)in paragraph (g) (notice of schemes or of their variation or revocation) before “variation” insert “ continuation, ”.
(6)After subsection (2) insert—
“(3)The appropriate national authority may also make regulations modifying or excluding the application of provisions of this Part, so far as relating to quality contracts schemes, in cases where a local transport authority, or two or more local transport authorities acting jointly, do any of the following—
(a)by virtue of section 126C(6), send to a QCS board a further request under section 126C(4) and modified proposals under section 126C(5),
(b)propose or decide that a scheme should continue in operation (with or without modification) under section 131A,
(c)propose or decide to vary or revoke a scheme under section 132.
(4)Regulations made by virtue of subsection (3) must not exclude any requirement for the authority or authorities—
(a)under section 126, to obtain the approval of the Welsh Ministers,
(b)under section 127(1A), to publish their response to the report of the QCS board.”.
Commencement Information
I1S. 41 partly in force; s. 41(6) in force at Royal Assent for specified purposes, see s. 134(1)(c)
I2S. 41(1)-(5) in force at 11.1.2010 for E. by S.I. 2009/3242, art. 2(1)(a)
I3S. 41(6) in force at 11.1.2010 for E. in so far as not already in force by S.I. 2009/3242, art. 2(1)(a)
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