Valid from 01/02/2001
8(1)This paragraph applies to a non-metropolitan local traffic authority’s share of the net proceeds of any early relevant scheme during the initial period of the scheme.E+W
(2)The share of the net proceeds is available only—
(a)for application by the authority for the purpose of directly or indirectly facilitating the achievement of policies in the authority’s local transport plan, or
(b)for application by any authority falling within sub-paragraph (3) selected by the authority whose share it is in accordance with sub-paragraph (4).
(3)The authorities which fall within this sub-paragraph are—
(a)other non-metropolitan local traffic authorities and
(b)London traffic authorities and the Greater London Authority.
(4)A share of the net proceeds of a relevant scheme is applied in accordance with this sub-paragraph if it is applied—
(a)by a non-metropolitan local traffic authority for the purpose of directly or indirectly facilitating the achievement of any policies in its local transport plan, or
(b)by a London traffic authority or the Greater London Authority in accordance with the transport strategy prepared and published under section 142 of the M1Greater London Authority Act 1999,
in a way which will benefit the whole or any part of the area of the non-metropolitan local traffic authority whose share it is.
(5)In this paragraph “early relevant scheme” means a relevant scheme which comes into force during the period of ten years beginning with the commencement of this Schedule.
(6)In this paragraph “the initial period”, in relation to an early relevant scheme, means—
(a)the period which begins with the date on which the relevant scheme comes into force and ends with the tenth financial year that commences on or after that date, or
(b)such longer period as may be specified in the case of the relevant scheme by the appropriate national authority.
(7)The appropriate national authority may by regulations make provision as to circumstances in which—
(a)the same scheme is to be regarded as continuing in force in spite of a variation of the scheme or the revocation and replacement (with or without modifications) of the scheme, or
(b)a different scheme is, or is not, to be regarded as coming into force,
for the purposes of determining when the initial period begins or expires in the case of a scheme.
Commencement Information
I1Sch. 12 para. 8 partly in force; Sch. 12 para. 8 not in force at Royal Assent see s. 275(1); Sch. 12 para. 8 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)
Marginal Citations
9(1)Except where paragraph 8 applies, a non-metropolitan local traffic authority’s share of the net proceeds of a relevant scheme is available to be applied only as may be specified in, or determined in accordance with, regulations made by the appropriate national authority.E+W
(2)Regulations under sub-paragraph (1) may include provision conferring a discretion on any person.
(3)The provision that may be made by regulations under sub-paragraph (1) includes provision for paragraph 8 to apply with the substitution for the number for the time being mentioned in sub-paragraph (5) of that paragraph of a number of years greater than ten.
(4)A share of the net proceeds of a relevant scheme may only be applied in accordance with regulations under sub-paragraph (1) in ways which provide value for money.
(5)Before making any regulations under sub-paragraph (1), the appropriate national authority shall make an assessment of—
(a)the likely amounts of the non-metropolitan local traffic authorities’ shares of net proceeds of relevant schemes, and
(b)the potential for applying them in accordance with paragraph 8 in ways which provide value for money.
(6)The appropriate national authority may issue guidance with respect to the appraisal of whether any application by non-metropolitan local traffic authorities for any purpose of their shares of net proceeds of relevant schemes provides value for money; and non-metropolitan local traffic authorities shall, in determining how to apply such shares, have regard to any such guidance.
Commencement Information
I2Sch. 12 para. 9 partly in force; Sch. 12 para. 9 not in force at Royal Assent see s. 275(1); Sch. 12 para. 9 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)
10(1)A relevant scheme made by one or more non-metropolitan local traffic authorities must include—E+W
(a)a general plan relating to the application of their shares of the net proceeds of the relevant scheme during the opening ten year period, and
(b)a detailed programme for the application of their shares of the net proceeds of the relevant scheme during the opening transport plan period.
(2)In this Schedule—
(a)“the opening ten year period” means the period which begins with the date on which the relevant scheme comes into force and ends with the tenth financial year that commences on or after that date, and
(b)“the opening transport plan period” means the period which begins with that date and ends at the time by which local transport plans are next required to be replaced.
(3)The order making a scheme shall not come into force unless and until the general plan and detailed programme required by sub-paragraph (1) have been approved by the appropriate national authority.
Commencement Information
I3Sch. 12 para. 10 partly in force; Sch. 12 para. 10 not in force at Royal Assent see s. 275(1); Sch. 12 para. 10 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)
11(1)If a relevant scheme made by one or more non-metropolitan local traffic authorities remains in force after the end of the opening transport plan period, the authority or each of the authorities shall include in its local transport plan from the time when it is next replaced (for so long as the scheme remains in force) a detailed programme for the application of its share of the net proceeds of the scheme.E+W
(2)Any programme included in a local transport plan by virtue of sub-paragraph (1) in relation to a relevant scheme prevails over any conflicting provisions in the general plan included in the scheme pursuant to paragraph 10(1)(a).
(3)Except with the consent of the appropriate national authority in any particular case, a non-metropolitan local traffic authority may not apply its share of the net proceeds of a scheme for any purpose (other than making good any amount to the general fund or general account of the relevant authority which made the scheme) in any financial year beginning after the end of the opening plan period unless it is complying with sub-paragraph (1).
Commencement Information
I4Sch. 12 para. 11 partly in force; Sch. 12 para. 11 not in force at Royal Assent see s. 275(1); Sch. 12 para. 11 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)