C1C2C3C5C6C7C8C9C10C11C12C13C14C15C16C17Part II Local transport

Annotations:
Modifications etc. (not altering text)
C1

Pt. 2: power to amend conferred (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 9(1)(2), 10(1)(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)

C5

Pt. 2: delegation of functions (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(b)

C6

Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8

C7

Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(1)

Bus services: quality contracts schemes F15 in Wales

Annotations:
Amendments (Textual)
F15

Words in s. 124 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), s. 26(3), Sch. 2 para. 6

I1C4132 Variation or revocation of scheme.

1

The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may vary it by—

a

increasing the area to which it relates (to no greater than the whole of their area or combined area) or adding to the description of local services which are to be provided under quality contracts,

b

reducing that area or reducing the description of services, or

c

providing for new exclusions from the scheme or for the variation or revocation of existing exclusions.

2

The scheme may not be varied under subsection (1)(a) unless the conditions set out in F2F6subsection (1)(a) to (e) of section 124 F16... are met with respect to the scheme as varied.

3

The scheme may not be varied under subsection (1)(b) unless F3the relevant conditions —

a

are no longer met with respect to it, but

b

are met with respect to the scheme as varied.

4

The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may revoke the scheme—

a

if F4the relevant conditions are no longer met with respect to it,

F7aa

if they consider that those conditions would no longer be met with respect to it if they were to act in accordance with a direction given by the F13Upper Tribunal under this Part, or

b

if they and one or more other authorities make a quality contracts scheme covering the whole or part of the area to which it relates.

F14A

In subsections (3) and (4) “the relevant conditions” means—

a

in the case of a scheme made under section 124(1) and not subsequently F8continued in operation under section 131A or varied under subsection (1)(a) of this section, the conditions set out in section F9124(1)(a) to (e);

F17b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

in the case of a scheme that has been F10continued in operation under section 131A or varied under subsection (1)(a) of this section, the conditions by reference to which it was last so F11continued in operation or varied.

F55

The variation or revocation of a scheme under subsection (1) or (4) is subject to the provisions of—

F18a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

subsection (9) (areas in Wales),

except to the extent that section 132B (exemption for specific variations directed by F14Upper Tribunal on appeal) otherwise provides.

F196

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F198

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59

The variation or revocation of a scheme for an area in Wales—

a

requires the approval of the Welsh Ministers, except in the case of a variation which is an exempt variation, and

b

is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified or excluded by regulations made by the Welsh Ministers under section 133.

F510

Section 130 (tendering) applies to a varied scheme (whether or not the variation is an exempt variation) but subject to regulations made by the appropriate national authority under section 133(3).

F511

A variation of a scheme is an exempt variation for the purposes of this section if the variation is—

a

a reduction in the area to which the scheme relates,

b

a reduction in the descriptions of services which are to be provided under quality contracts, or

c

the provision of new exclusions from the scheme,

and a “non-exempt variation” is any other variation of a scheme.

F1212

The appropriate national authority may by regulations provide that in prescribed circumstances quality contracts schemes may be revoked by that authority before coming into operation.