Transport Act 2000

[F1 123H Making and publication of scheme E+W

(1) If the authority or authorities publishing a report under section 123G have decided to make a franchising scheme covering the whole or any part of their area or combined area, they must make the scheme, and publish it, at the same time as the report under section 123G.

(2) The scheme must specify—

(a) the area to which the scheme relates,

(b) the local services intended to be provided under local service contracts,

(c) the date on which local service contracts relating to local services may first be entered into (subject to subsection (3)(b)), and

(d) the minimum period that is to expire between the making of a local service contract and the provision of a local service under the contract (subject to subsection (3)(c)).

(3) The scheme may specify—

(a) areas within the area to which the scheme relates (“scheme sub-areas”),

(b) for each scheme sub-area, the date on which a local service contract to provide a local service in that scheme sub-area may first be entered into, and

(c) for each scheme sub-area, the minimum period that is to expire between the making of a local service contract to provide such a service and the provision of such a service under the contract.

(4) A scheme may not specify under subsection (2)(d) or (3)(c) a period of less than six months.

(5) Subject to regulations under section 123U, the scheme may except from regulation arising because of the scheme—

(a) local services specified in the scheme, and

(b) local services of a class specified in the scheme.

(6) If the franchising scheme relates to an area to which a relevant scheme or plan also relates, the franchising scheme must include—

(a) in a case where the relevant scheme or plan relates only to the area to which the franchising scheme relates or a part of that area, provision revoking the relevant scheme or plan, or

(b) in any other case, provision varying the relevant scheme or plan so that it ceases to relate to any part of the area to which the franchising scheme relates.

(7) A franchising scheme may not otherwise vary a relevant scheme or plan.

(8) In subsections (6) and (7)—

• “relevant plan” means an enhanced partnership plan, and

• “relevant scheme” means an advanced quality partnership scheme or an enhanced partnership scheme.

(9) If provision is made under subsection (6)(b) to vary an enhanced partnership plan or scheme so that it ceases to relate to an area, the local transport authority or authorities to whose area or combined area the plan or, in the case of a scheme, the related plan continues to relate may vary the plan or, as the case may be, the scheme in such manner as they consider appropriate in consequence of the provision made under subsection (6)(b).

(10) Section 138K(3) applies, and section 138K(4), (5) and (8) do not apply, to a variation under subsection (9).]

Textual Amendments

F1 Ss. 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)