[F1127AAppeals against the making of schemes for areas in EnglandE+W
(1)This section applies where an authority or authorities make a quality contracts scheme for an area in England.
(2)Any person falling within subsection (3) may appeal to the Transport Tribunal against the decision of the authority or authorities to make the scheme.
(3)The persons are—
(a)any person who was consulted under section 125(3),
(b)any person who was not consulted under section 125(3) but who, in the opinion of the QCS board under section 126D(1)(b), ought to have been so consulted.
(4)An appeal under this section may be—
(a)on a point of law, or
(b)on a question of fact, unless subsection (5) prevents it.
(5)No appeal lies under this section on a question of fact (and no question of fact is to be entertained by the Tribunal on an appeal under this section) in any case where subsection (6) applies.
(6)This subsection applies if the QCS board stated in its report under section 126D(5) that it is of the opinion—
(a)that the conditions in the paragraphs of section 124(1) or, as the case may be, of section 124(1A) are met, and
(b)that the authority or authorities have complied with the requirements of section 125(1) to (3) (or are by virtue of section 126D(6) to be taken to have complied with those requirements by virtue of having taken any action recommended by the board in any previous reports),
and if the scheme, as made, corresponds to the proposed scheme to which that report relates.
(7)The authority or authorities may issue invitations to tender in accordance with section 130(1) notwithstanding the lodging of any appeal under or by virtue of this section.]
Textual Amendments
F1Ss. 127A, 127B inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 27(1), 134(4); S.I. 2009/3242, art. 2(1)(a)