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(1)A franchising authority or authorities that propose to make a franchising scheme covering the whole or any part of their area, or combined area, must prepare an assessment of the proposed scheme.
(2)The assessment must—
(a)describe the effects that the proposed scheme is likely to produce, and
(b)compare making the proposed scheme to one or more other courses of action.
(3)The assessment must also include consideration of—
(a)whether the proposed scheme would contribute to the implementation of—
(i)the authority's or authorities' policies under section 108(1)(a), and
(ii)other policies affecting local services that the authority or authorities have adopted and published,
(b)whether the proposed scheme would contribute to the implementation by neighbouring relevant local authorities of—
(i)those authorities' policies under section 108(1)(a), and
(ii)other policies affecting local services that those authorities have adopted and published,
(c)how the authority or authorities would make and operate the proposed scheme,
(d)whether the authority or authorities would be able to afford to make and operate the scheme,
(e)whether the proposed scheme would represent value for money, and
(f)the extent to which the authority or authorities are likely to be able to secure that local services are operated under local service contracts.
(4)Subsections (2) and (3) do not prevent inclusion of other matters.
(5)The Secretary of State must issue guidance concerning the preparation of an assessment under this section, and that guidance may, in particular, include guidance about methods to be used when assessing a proposed scheme.
(6)Franchising authorities must have regard to any such guidance.
(7)In this section “relevant local authority” means—
(a)a local transport authority,
(b)a London transport authority, or
(c)a council in Scotland.]
Textual Amendments
F1Ss. 123A-123X 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. 4, 26(3)
Modifications etc. (not altering text)
C1Pt. 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)
C2Pt. 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)
C3Pt. 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)
C4Ss. 123A-123X: functions transferred (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2)
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