Transport Act 2000 (c. 38)

Part II E+W Local transport

Local transport plans and bus strategies E+W

108 Local transport plans. E+W

(1) Each local transport authority must—

(a) develop policies for the promotion and encouragement of safe, integrated, efficient and economic transport facilities and services to, from and within their area, and

(b) carry out their functions so as to implement those policies.

(2) The transport facilities and services mentioned in subsection (1) are—

(a) those required to meet the needs of persons living or working in the authority’s area, or visiting or travelling through that area, and

(b) those required for the transportation of freight;

and include facilities and services for pedestrians.

[F1 (2A) Each local transport authority whose area is in Wales must also—

(a) develop policies for the implementation in their area of the Wales Transport Strategy, and

(b) carry out their functions so as to implement those policies.]

(3) Each local transport authority must prepare a document to be known as the local transport plan [F2 containing—

(a) their policies under subsection (1), and

(b) in the case of an authority whose area is in Wales, their policies under subsection (2A)]

(4) In this Part “local transport authority” means—

(a) a county council in England,

(b) a council of a non-metropolitan district in England comprised in an area for which there is no county council,

(c) a Passenger Transport Authority for a passenger transport area in England, or

(d) a county council or county borough council in Wales.

Textual Amendments

F1 S. 108(2A) inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 2(2); S.I. 2006/1403, art. 2(2)(c)

F2 S. 108(3)(a)(b) substituted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 2(3); S.I. 2006/1403, art. 2(2)(c)

Modifications etc. (not altering text)

C1 S. 108 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 1 (with art. 7(4))

C2 S. 108 modified (W.) (23.11.2006) by The Regional Transport Planning (Wales) Order 2006 (S.I. 2006/2993), arts. 1(2), 3 (with art. 4)

C3 S. 108(3) excluded (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), arts. 1, 7(1) (with art. 7(4))

Commencement Information

I1 S. 108 wholly in force at 1.8.2001; s. 108 not in force at Royal Assent see s. 275(1)(2); s. 108 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 108 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

109 [F3 Further provision about plans: England] E+W

(1) A local transport authority [F4 whose area is in England] must keep their local transport plan under review and alter it if they consider it appropriate to do so.

(2) The authority must replace the plan not later than five years after the date on which it was made.

(3) As soon as practicable after any occasion when they prepare a new plan or alter their plan, the authority must—

(a) publish the plan or the plan as altered in such manner as they think fit, and

(b) send a copy of it to the Secretary of State F5 ... and to such other persons (if any) as may be specified in guidance under section 112(1).

(4) The authority must also—

(a) cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit,

(b) give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and

(c) supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

(5) Where a local transport authority [F6 whose area is in England] have, before the coming into force of section 108, prepared and published a document which—

(a) contains policies developed by them for the purposes described in subsection (1)(a) of that section, and

(b) was prepared and published in accordance with guidance issued by the Secretary of State F7 ... ,

that document shall be taken to be the authority’s local transport plan.

(6) But, in the case of a document which is a local transport plan by virtue of subsection (5), subsection (2) requires its replacement [F8 not later than 31st March 2006 (rather than not later than five years after the date on which it was made).]

Textual Amendments

F3 S. 109 heading substituted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(2); S.I. 2006/1403, art. 2(2)(c)

F4 Words in s. 109(1) inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(3); S.I. 2006/1403, art. 2(2)(c)

F5 Words in s. 109(3)(b) omitted (26.5.2006) by virtue of Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(4); S.I. 2006/1403, art. 2(2)(c)

F6 Words in s. 109(5) inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(5)(a); S.I. 2006/1403, art. 2(2)(c)

F7 Words in s. 109(5) omitted (26.5.2006) by virtue of Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(5)(b); S.I. 2006/1403, art. 2(2)(c)

F8 Words in s. 109(6) substituted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(6); S.I. 2006/1403, art. 2(2)(c)

Modifications etc. (not altering text)

C4 S. 109 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 2 (with art. 7(4))

Commencement Information

I2 S. 109 wholly in force at 1.8.2001; s. 109 not in force at Royal Assent see s. 275(1)(2); s. 109 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 109 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

[F9 109A Approval of plans: Wales E+W

(1) A local transport authority whose area is in Wales must submit their local transport plan to the National Assembly for Wales for its approval.

(2) If the Assembly refuses to approve a plan submitted to it by a local transport authority under this section—

(a) the Assembly must give the local transport authority a statement of the reasons for its refusal, and

(b) the authority must prepare another local transport plan and submit the plan to the Assembly for its approval.

(3) If the Assembly approves a local transport plan under this section, the plan has effect when the approval is given.

(4) The Assembly may approve a local transport plan under this section if (but only if) it considers—

(a) that the plan is consistent with the Wales Transport Strategy, and

(b) that the policies contained in the plan are adequate for the implementation in the authority's area of the Strategy.

F10 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Ss. 109A-109C inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 4; S.I. 2006/1403, art. 2(2)(c)

F10 S. 109A(5) repealed (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 88

109B Further provision about plans: Wales E+W

(1) A local transport authority whose area is in Wales must keep their local transport plan under review and alter it if they consider it appropriate to do so.

(2) The authority must in particular review the plan as soon as practicable after the publication of the Wales Transport Strategy or any revision of it.

(3) The authority must replace their local transport plan not later than five years after the date on which the plan was approved under section 109A.

(4) Section 109A applies to a replacement plan and a plan as altered as it applies to a plan as originally prepared.

(5) A local transport authority whose area is in Wales shall be taken to have complied with subsection (3) if (but only if)—

(a) the authority submit their replacement plan to the National Assembly for Wales for approval under section 109A before the end of the five year period mentioned in subsection (3), and

(b) the Assembly approves the plan under section 109A (whether the approval is given before or after the end of that five year period).

(6) If an authority fail to comply with subsection (3) because they fail to submit their replacement plan to the Assembly for approval under section 109A before the end of the five year period mentioned in that subsection, the authority must replace their local transport plan as soon as practicable after the expiry of the five year period.

(7) If an authority fail to comply with subsection (3) because the Assembly refuses to approve a plan submitted to it under section 109A, the authority must replace their local transport plan as soon as practicable after the refusal.

(8) As soon as practicable after their plan, or their plan as altered, has been approved under section 109A, a local transport authority whose area is in Wales must—

(a) publish the plan or the plan as altered in such manner as they think fit, and

(b) send a copy of it to such persons (if any) as may be specified in guidance under section 112(1).

(9) The authority must also—

(a) cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit,

(b) give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and

(c) supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

Textual Amendments

F9 Ss. 109A-109C inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 4; S.I. 2006/1403, art. 2(2)(c)

109C Transitional provisions: Wales E+W

(1) Where a local transport authority whose area is in Wales have, before 1st August 2001, prepared and published a document which—

(a) contains policies developed by them for the purposes described in section 108(1)(a), and

(b) was prepared and published in accordance with guidance issued by the National Assembly for Wales,

that document shall be taken to be the authority's local transport plan.

(2) But, in the case of a document which is a local transport plan by virtue of subsection (1), section 109B(3) requires its replacement not later than such date as is specified in an order made by the National Assembly for Wales (rather than not later than five years after the date on which it was approved under section 109A).

(3) For the purposes of section 109B(3), a local transport plan made before the coming into force of section 109A by a local transport authority whose area is in Wales shall be taken to have been approved under section 109A on the date on which it was made.]

Textual Amendments

F9 Ss. 109A-109C inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 4; S.I. 2006/1403, art. 2(2)(c)

110 Bus strategies. E+W

(1) Each local transport authority must prepare a document to be known as the bus strategy containing their general policies as to how best to carry out their functions (or, in the case of a Passenger Transport Authority for a passenger transport area, as to how the functions of the Passenger Transport Executive for their area would be best carried out) in order to secure that—

(a) bus services meet such of the transport requirements of persons within the authority’s area as the authority consider should be met by such services,

(b) bus services meeting such requirements are provided to the standards to which the authority consider that they should be provided, and

(c) such additional facilities and services connected with bus services are provided as the authority consider should be provided.

(2) The bus strategy is to form part of the authority’s local transport plan.

(3) In developing their bus strategy, the authority must have regard to any measures the authority are required or propose to take for meeting transport requirements in carrying out any functions of theirs as a local education authority or any social services functions (within the meaning of the M1 Local Authority Social Services Act 1970) of theirs.

(4) In developing their bus strategy, a Passenger Transport Authority must seek and have regard to the advice of the Passenger Transport Executive for their area.

(5) In this Part “bus services” means services using public service vehicles.

Modifications etc. (not altering text)

C5 S. 110 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 3 (with art. 7(4))

C6 S. 110(1) excluded (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), arts. 1, 7(1) (with art. 7(4))

Commencement Information

I3 S. 110 wholly in force at 1.8.2001; s. 110 not in force at Royal Assent see s. 275(1)(2); s. 110 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 110 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

Marginal Citations

M1 1970 c. 42.

111 Consultation and publicity about bus strategies. E+W

(1) In complying with section 110, a local transport authority must consult—

(a) any other relevant local authority whose area may, in the opinion of the authority, be affected by the bus strategy developed by them,

(b) if the authority is a county council in England, the councils of the districts in the county (if any),

(c) either operators of bus services which are provided within the authority’s area or organisations appearing to the authority to be representative of such operators, and

(d) organisations appearing to the authority to be representative of users of such services.

(2) For the purpose of subsection (1)(a) the following are relevant local authorities—

(a) local transport authorities,

(b) metropolitan district councils,

(c) London transport authorities, and

(d) councils in Scotland;

(except that, in the case of consultation by a Passenger Transport Authority for a passenger transport area, a council for a metropolitan district comprised in the area is not a relevant local authority).

(3) When an authority publish a statement of a new bus strategy or their strategy as altered in accordance with section 109(3)(a) [F11 or 109B(8)(a)], they must send a copy of it to each authority, council, operator or organisation consulted under subsection (1) on the occasion in question.

Textual Amendments

F11 Words in s. 111(3) inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 5; S.I. 2006/1403, art. 2(2)(c)

Commencement Information

I4 S. 111 wholly in force at 1.8.2001; s. 111 not in force at Royal Assent see s. 275(1)(2); s. 111 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 111 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

112 Plans and strategies: supplementary. E+W

(1) In carrying out their functions under sections 108 to 111, a local transport authority must have regard to any guidance concerning—

(a) the content of local transport plans (and bus strategies),

(b) the preparation of such plans (and strategies),

(c) the alteration and replacement of such plans (and strategies), and

(d) the publication and making available of such plans (and strategies) as originally made and as altered or replaced,

which is issued from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

(2) In developing their policies under section 108(1) and their bus strategy, a local transport authority must have regard to the transport needs of persons who are elderly or have mobility problems.

Modifications etc. (not altering text)

C7 S. 112 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 4 (with art. 7(4))

Commencement Information

I5 S. 112 wholly in force at 1.8.2001; s. 112 not in force at Royal Assent see s. 275(1)(2); s. 112 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 112 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

113 Role of metropolitan district councils. E+W

(1) The duties imposed on a Passenger Transport Authority for a passenger transport area by sections 108(1)(a) and (3), 109(1) to (3), 110(1) and 111(3) shall be performed by—

(a) that Authority, and

(b) the councils for the metropolitan districts comprised in the area,

acting jointly.

(2) The duties imposed on a Passenger Transport Authority for a passenger transport area by sections 108(1)(b), 109(4), 110(3) and 112 are also duties of each of the councils for the metropolitan districts comprised in the area.

(3) Section 109(5) applies in the case of a Passenger Transport Authority for a passenger transport area only if the document to which it refers has been prepared and published by—

(a) that Authority, and

(b) the councils for the metropolitan districts comprised in the area,

acting jointly.

Commencement Information

I6 S. 113 wholly in force at 1.8.2001; s. 113 not in force at Royal Assent see s. 275(1)(2); s. 113 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. 1 (subject to the savings in Sch. 3 Pt. 2); s. 113 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1

[F12 113A Modification of provisions about plans and strategies: Wales E+W

(1) The National Assembly for Wales may by order modify the application of sections 108 to 111 in relation to local transport authorities whose areas are in Wales for the purpose of—

(a) permitting a local transport plan to be prepared in respect of part only of an authority's area;

(b) permitting a local transport plan to be prepared by two or more authorities jointly in respect of an area comprising all or any part or parts of their areas.

(2) An order under subsection (1) made for the purpose mentioned in subsection (1)(b) may in particular include provision for—

(a) the plan to be prepared by one of the authorities concerned on behalf of both or all of them;

(b) administrative arrangements, including the apportionment of the cost of preparing the plan between the authorities concerned.

(3) Before making an order under subsection (1) the Assembly must consult the local transport authorities concerned and any other persons it considers appropriate.

Textual Amendments

F12 Ss. 113A, 113B inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 6; S.I. 2006/1403, art. 2(2)(c)

113B Directions concerning plans and strategies: Wales E+W

(1) The National Assembly for Wales may issue to a local transport authority whose area is in Wales general or specific directions as to the manner in which they are to carry out their functions under sections 108 to 111.

(2) Directions issued by the Assembly under subsection (1) may include in particular directions—

(a) as to the timetable in accordance with which a local transport plan or alterations to a local transport plan must be prepared;

(b) as to the action required to be taken to implement the policies contained in a local transport plan;

(c) as to the steps required to be taken to remove the effects of action which is incompatible with those policies.

(3) Directions under this section—

(a) must be in writing;

(b) may be varied or revoked by further directions under this section.

(4) Before issuing, varying or revoking directions under this section the Assembly must consult the local transport authority concerned and any other persons it considers appropriate.]

Textual Amendments

F12 Ss. 113A, 113B inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 6; S.I. 2006/1403, art. 2(2)(c)