Transport Act 2000

116 Making of scheme. E+W

(1) If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.

(2) The scheme must specify [F1 each of the following]—

(a) the facilities to be provided under it by the authority or authorities,

(b) the standard of services to be provided under it by operators of local services,

[F2 (bb) any registration restrictions imposed by it and any registration criteria specified in it,]

(c) the date on which it is to come into operation, [F3 and]

(d) the period for which it is to remain in operation, which must not be less than five years.

[F4 (e) if any facilities or standards of services are to be provided under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so provided.]

(3) The scheme may provide that—

(a) local services specified in it, or

(b) local services of a class specified in it,

are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.

[F5 (4) The date specified in the scheme as that on which it is to come into operation must not be earlier than the date by which, in the opinion of the authority or authorities, it will be reasonably practicable—

(a) for the authority or authorities to provide the specified facilities, and

(b) for operators of local services to provide the specified standard of services,

and, in any event, must not be earlier than the date provided by subsection (5).

(5) The date referred to in subsection (4) is three months after—

(a) the date on which the scheme is made, or

(b) if later, the date on which any traffic regulation order required for the provision of any of the specified facilities is made or, if more than one such order is required for that purpose, the date on which the last of them is made.]

[F5 (4) The date as from which any particular facilities, or any services of a particular standard, are to be provided must not be earlier than—

(a) in the case of facilities, the latest of dates A to C (see subsections (4B) to (4D)),

(b) in the case of services, the later of dates A and D (see subsections (4B) and (4E)),

unless the case falls within subsection (4A).

(4A) If under the scheme—

(a) particular facilities are to be provided by the authority or authorities, and

(b) as from the date by which the facilities are to be provided, services of a particular standard are to be provided by operators of local services when using the facilities,

the date as from which the facilities and the services are to be provided must not be earlier than the latest of dates A to D.

(4B) Date A is the date 3 months after the date on which the scheme is made.

(4C) Date B is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for the authority or authorities to provide the facilities.

(4D) Date C is the date 3 months after—

(a) the date on which any traffic regulation order required for the provision of any of the facilities is made, or

(b) if more than one such order is required for their provision, the date on which the last of them is made.

(4E) Date D is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for operators of local services to provide services of the particular standard.]

(6) Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice—

(a) in at least one newspaper circulating in the area to which the scheme relates, and

(b) to all operators of local services who would, in the opinion of the authority or authorities, be affected by the scheme and the traffic commissioner for each traffic area covering the whole or part of the area to which the scheme relates.

(7) The notice must—

(a) either contain full details of the scheme or state where such details may be inspected, and

(b) if the scheme made is a modified version of that proposed, state that fact.

Textual Amendments

F1 Words in s. 116(2) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

F2 S. 116(2)(bb) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(3), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

F3 Word in s. 116(2) repealed (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 2; S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(d)

F4 S. 116(2)(e) inserted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(4), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

F5 S. 116(4)-(4E) substituted for s. 116(4) (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 15(5), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)

Commencement Information

I1 S. 116 wholly in force at 26.10.2001; s. 116 not in force at Royal Assent see s. 275(1)(2); s. 116 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 116 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.