Modifications etc. (not altering text)
C1Pt. 2: power to amend conferred (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 9(1)(2), 10(1)(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
C2Pt. 2: transfer of functions (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 8(1)(b) (with arts. 8(4), 12)
C3Pt. 2: transfer of functions (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 8, 9 (with art. 11)
C4Pt. 2: delegation of functions (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(b)
C5Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8
C6Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(1)
C7Pt. 2 functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 8(b)
C8Pt. 2 functions made exercisable (8.5.2017) by The Tees Valley Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/431), arts. 1(2), 4(1)(2)
C9Pt. 2: transfer of functions (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 7 (with art. 28)
C10Pt. 2 functions made exercisable (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 9 (with art. 28)
C11Pt. 2 applied (with modifications) (W.) (28.2.2022) by The South East Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/343), regs. 1(3)(b), 12(2)
C12Pt. 2 applied (with modifications) (30.6.2022) by The North Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/339), regs. 1(3)(b), 12(2)
C13Pt. 2 applied (with modifications) (30.6.2022) by The Mid Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/342), regs. 1(3)(b), 12(2)
C14Pt. 2 applied (with modifications) (W.) (30.6.2022) by The South West Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/352), regs. 1(3)(b), 12(2)
C15Pt. 2: functions made exercisable (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(1)(2)
C16Pt. 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)
Textual Amendments
F1Ss. 113C-113O 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. 1, 26(3)
(1)The Secretary of State may by regulations make further provision with respect to—
(a)the procedure to be followed when making, varying or revoking advanced quality partnership schemes,
(b)the content or operation of schemes which include—
(i)a requirement falling within section 113E(4)(b) or (5)(a), or
(ii)a requirement falling within section 113E(4)(a) or (5)(b) relating to an undertaking that would fall to be given under section 113C(4)(b),
(c)the local services or classes of local services which must be, or may be, excluded from schemes,
(d)the conditions which must be, or may be, attached to such exclusions,
(e)the form and manner in which undertakings are to be given to a traffic commissioner in connection with schemes,
(f)the making of traffic regulation orders in connection with schemes, and
(g)such other incidental matters in connection with advanced quality partnership schemes as the Secretary of State thinks fit.
(2)The regulations may in particular make provision with respect to—
(a)giving notice of proposed schemes or proposed variations or revocation of schemes,
(b)objections to such proposals,
(c)the holding of inquiries or hearings into objections,
(d)modifications of such proposals,
(e)the form of schemes or variations, and
(f)giving notice of schemes which have been made or of the variation or revocation of schemes.
(3)As regards schemes which include or would include—
(a)a requirement described in subsection (1)(b)(i), or
(b)a requirement described in subsection (1)(b)(ii),
regulations under subsection (1)(a) or (b) may in particular make the provision referred to in subsection (4).
(4)The provision mentioned in subsection (3) is provision—
(a)for section 113E(7) or (8) not to apply in such circumstances as may be prescribed,
(b)in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 113I, for any such requirement not to take effect unless prescribed conditions are satisfied,
(c)as to the meaning of “admissible objection” for the purposes of section 113E(7) and (8) and subsection (5)(b) of this section,
(d)as to the meaning of “relevant operator” for those purposes, and
(e)as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator.
(5)As regards schemes which include a requirement described in subsection (1)(b)(i), regulations under subsection (1)(b) may also make provision—
(a)requiring such schemes to include provision—
(i)as respects the setting of frequencies, timings or maximum fares to which the requirements relate,
(ii)for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed,
(iii)for a maximum interval before any such requirements must next be reviewed,
(iv)as respects other circumstances in which any such requirements must or may be reviewed, and
(v)as respects revision of any such requirements after a review, and
(b)for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators.
(6)The revision of requirements as to frequencies, timings or maximum fares under any provision included in a scheme by virtue of regulations under subsection (5)(a) is not to be regarded as a variation of the scheme for the purposes of section 113L (variation or revocation of schemes).
(7)Nothing in subsection (5) or (6) is to be taken to derogate from what may be done under or by virtue of section 113L.
(8)The provision that may be made by virtue of subsection (4)(e) includes provision for and in connection with—
(a)the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph;
(b)the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination;
(c)the payment—
(i)by the Secretary of State to an adjudicator, or
(ii)by the Secretary of State or an adjudicator to an assessor,
of such remuneration as may be determined by or in accordance with the regulations.]
Modifications etc. (not altering text)
C17Ss. 113C-123: functions transferred (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2) (with reg. 15(5))