114 Quality partnership schemes.E+W
(1)A local transport authority, or two or more such authorities acting jointly, may make a quality partnership scheme if they are satisfied that the scheme [F1will contribute to the implementation of their local transport policies].
(2)A quality partnership scheme is a scheme under which—
(a)the authority or authorities provide particular facilities in the whole or part of their area, or combined area, and
(b)operators of local services who wish to use the facilities must undertake to provide local services of a particular standard when using them.
(3)The authority or authorities must be satisfied that both the provision of those facilities and the provision of local services of that standard will—
[F2(a)bring benefits to persons using local services in the whole or any part of their area, or combined area, by improving the quality of those services, or]
(b)reduce or limit traffic congestion, noise or air pollution.
[F3(3A)If the authority or authorities consider that it is necessary or expedient for any restrictions to be imposed on the registration of—
(a)any local services, or
(b)any local services of a particular description,
they may impose those restrictions (“registration restrictions”) by specifying or describing them in the scheme.
(3B)Any restrictions so imposed must be for the purpose of preventing or restricting—
(a)the provision of local services, or
(b)the variation or withdrawal of local services,
in cases where the authority or authorities consider that any such provision, or (as the case may be) variation or withdrawal, of services might be detrimental to the provision of services under the scheme.
(3C)Where a scheme includes any registration restrictions by virtue of subsection (3A), it must also specify the criteria (“registration criteria”) by reference to which the traffic commissioners are to decide whether or not to accept an application for registration.
(3D)In subsections (3A) to (3C) “registration”, in relation to any service,—
(a)means registration of prescribed particulars of the service under section 6 of the Transport Act 1985 (registration of local services), and
(b)includes a reference to the variation or cancellation of any such registration.]
(4)A quality partnership scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 115.
(5)The facilities which may be specified in a scheme—
(a)must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but
(b)may not be facilities which are required to be provided as a result of section 139 or 140.
[F4(6)The standard of services which may be specified in a scheme includes—
(a)requirements which the vehicles being used to provide the services must meet, and
(b)requirements as to frequency or timing of the services,
but the specification of any such requirements is not to prevent operators from providing services in excess of those requirements.]
[F5(6A)The standard of services which may be specified in a scheme may also include requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the scheme applies.
(6B)A scheme may include a requirement falling within subsection (6)(b) or (6A) only if there are no admissible objections to the requirement from relevant operators.
Section 122(3) to (5) makes further provision with respect to such schemes.]
[F6(6C)The power to make a quality partnership scheme includes power to provide for different facilities, or different standards of services, to be provided under the scheme as from different dates after the scheme comes into operation.]
(7)If the provision of any of the facilities requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State or the National Assembly for Wales is the traffic authority), the scheme may not be made unless it is made by—
(a)the local transport authority or authorities, and
(b)the metropolitan district council for the district,
acting jointly.
(8)If the provision of any of the facilities requires the making of a traffic regulation order in respect of a road for which the Secretary of State or the National Assembly for Wales is the traffic authority, the scheme may not be made unless it is made by—
(a)the local transport authority or authorities, and
(b)the Secretary of State or the National Assembly for Wales,
acting jointly.
(9)Where subsection (7) or (8) applies so that a metropolitan district council, the Secretary of State or the National Assembly for Wales is a maker of the scheme, then (subject to section 121) the relevant references to the authority or authorities include (as well as the local transport authority or authorities) the metropolitan district council, the Secretary of State or the National Assembly for Wales.
(10)For the purpose of subsection (9) the relevant references are those in—
(a)subsections (2) and (4),
(b)sections 115 to 120, and
(c)section 127(7),
and paragraph 27(3) of Schedule 9 to the M1Road Traffic Regulation Act 1984.
(11)In carrying out their functions under this Part in relation to quality partnership schemes, local transport authorities must co-operate with one another.
(12)In considering whether to make a quality partnership scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.
Textual Amendments
F1Words in s. 114(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 13(2), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(c)
F2S. 114(3)(a) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(3), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)
F3S. 114(3A)-(3D) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(4), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)
F4S. 114(6) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(5), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)
F5S. 114(6A)(6B) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(6), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)
F6S. 114(6C) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 13(7), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(a)
Modifications etc. (not altering text)
C1S. 114(6B) excluded (E.) (6.4.2009) by The Quality Partnership Schemes (England) Regulations 2009 (S.I. 2009/445), regs. 1(1), 4
C2S. 114 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. 5 (with art. 7(4))
C3S. 114(6B) excluded (1.2.2010) by The Quality Partnership Schemes (Wales) Regulations 2009 (S.I. 2009/3293), regs. 1(1), 4(3)
C4S. 114(6B) modified (1.2.2010) by The Quality Partnership Schemes (Wales) Regulations 2009 (S.I. 2009/3293), regs. 1(1), 5-7
Commencement Information
I1S. 114 wholly in force at 26.10.2001; s. 114 not in force at Royal Assent see s. 275(1)(2); s. 114 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 114 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
Marginal Citations