Transport Act 2000

[F1 138M Variation: making the variation E+W

(1) This section applies if a local transport authority or authorities have complied with the requirements of section 138L as regards a proposal to vary an enhanced partnership plan or scheme.

(2) If the authority or authorities consider it appropriate to vary the plan or scheme, they may vary the plan or scheme as proposed or with modifications.

(3) Before varying the plan or scheme, the authorities must give notice of their intention to vary the plan or scheme, as proposed or with modifications, to persons who were operators of qualifying local services at the qualifying time.

(4) The notice under subsection (3) must—

(a) contain full details of the variation or state where such details may be inspected,

(b) if the variation made is a modified version of the variation that was proposed, state that it is a modified version,

(c) state the effect of subsection (5), and

(d) specify the period within which persons who are operators of qualifying local services at the qualifying time may object to the proposed variation.

(5) The authority or authorities may not vary the plan or scheme (with or without modifications) if a sufficient number of the persons who were operators of qualifying local services at the qualifying time object to the variation.

(6) Not later than 14 days after the date on which the variation of the plan or scheme is made, the authority or authorities must give notice of the variation—

(a) in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,

(b) to all operators of local services who would, in the opinion of the authority or authorities, be affected by it, and

(c) to a traffic commissioner.

(7) The notice must—

(a) contain full details of the variation or state where such details may be inspected, and

(b) if the variation made is a modified version of the variation that was proposed, state that it is a modified version.

(8) The Secretary of State may by regulations—

(a) specify the descriptions of local services that are qualifying local services for the purposes of this section,

(b) provide for the determination of the qualifying time for the purposes of this section,

(c) specify the minimum period which may be specified under subsection (4)(d),

(d) specify what constitutes a sufficient number of persons for the purposes of subsection (5), and

(e) specify how a person's objection is to be evidenced.

(9) Regulations under subsection (8)(d) may, in particular—

(a) require that a proposed variation be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and

(b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.]

Textual Amendments

F1 Ss. 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)