Version Superseded: 27/06/2017
Point in time view as at 27/04/2017. This version of this provision has been superseded.
Transport Act 2000, Section 138B is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Subsection (2) applies if—
(a)the provision of any of the facilities specified in an enhanced partnership scheme, or
(b)the taking of any of the measures specified in such a scheme,
requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State is the traffic authority).
(2)Where this subsection applies, the scheme may not be made unless it is made by—
(a)the local transport authority or authorities, and
(b)the metropolitan district council for the district,
acting jointly.
(3)Subsection (4) applies if—
(a)the provision of any of the facilities specified in an enhanced partnership scheme, or
(b)the taking of any of the measures specified in such a scheme,
requires the making of a traffic regulation order in respect of a road for which the Secretary of State is the traffic authority.
(4)Where this subsection applies, the scheme may not be made unless it is made by—
(a)the local transport authority or authorities, and
(b)the Secretary of State,
acting jointly.
(5)Where subsection (2) or (4) applies so that a metropolitan district council or the Secretary of State makes an enhanced partnership scheme, then (subject to section 138N) the references to the authority or authorities in—
(a)sections 138A(6) and (11),
(b)sections 138F to 138J,
(c)section 138K(1) and (3) to (5),
(d)sections 138L and 138M,
(e)section 138O, and
(f)paragraph 27(4) of Schedule 9 to the Road Traffic Regulation Act 1984,
include (as well as the local transport authority or authorities) the metropolitan district council or the Secretary of State.
(6)Subsection (5) is not to be taken as affecting the area indicated by references in the provisions mentioned in that subsection to the authority's or authorities' area or combined area.]
Textual Amendments
F1Ss. 138A-138S 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. 9, 26(3)
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