Transport Act 2000 (c. 38)

Part II E+W Local transport

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)

C2 Pt. 2: transfer of functions (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 8(1)(b) (with arts. 8(4), 12)

C3 Pt. 2: transfer of functions (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 8, 9 (with art. 11)

C4 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)

C5 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

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(1)

C7 Pt. 2 functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 8(b)

[F1 Bus services: enhanced partnership plans and schemes E+W

Textual Amendments

F1 Ss. 138A-138S and cross-heading inserted (27.4.2017 for specified purposes) by Bus Services Act 2017 (c. 21), ss. 9, 26(3)

138O Revocation E+W

(1) A local transport authority or authorities may, if they consider it appropriate to do so—

(a) revoke an enhanced partnership plan that relates to the whole or any part of their area or combined area, and

(b) revoke an enhanced partnership scheme relating to such a plan.

(2) A local transport authority or authority may not—

(a) revoke an enhanced partnership plan without also revoking all enhanced partnership schemes relating to it, or

(b) revoke all enhanced partnership schemes relating to an enhanced partnership plan without also revoking the plan.

(3) A local transport authority or authorities may not revoke an enhanced partnership plan or scheme unless they have complied with subsections (4) to (8).

(4) A local transport authority or authorities must give notice of a proposal to revoke an enhanced partnership plan or scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area.

(5) After giving notice under subsection (4), the authority or authorities must consult—

(a) operators of qualifying local services,

(b) the Competition and Markets Authority, and

(c) such other persons as the authority or authorities think fit.

(6) If, after consulting those persons, the authority or authorities wish to revoke the plan or scheme, they must give notice of their intention to revoke the plan or scheme to persons who were operators of qualifying local services at the qualifying time.

(7) The notice under subsection (6) must—

(a) state the date on which the plan or scheme is to be revoked,

(b) state the authority's or authorities' reasons for revoking the plan or scheme,

(c) state the effect of subsection (8), and

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

(8) The authority or authorities may not revoke the plan or scheme if a sufficient number of the persons who were operators of qualifying local services at the qualifying time object to the revocation of the plan or (as the case may be) the scheme.

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

(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 the revocation, and

(c) to a traffic commissioner.

(10) Nothing in subsections (3) to (8) prevents an enhanced partnership scheme being revoked, in accordance with the scheme, in such cases as are allowed by the scheme (see section 138E).

(11) 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 (7)(d),

(d) specify what constitutes a sufficient number of persons for the purposes of subsection (8), and

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

(12) Regulations under subsection (11)(d) may, in particular—

(a) require that the revocation of a plan or scheme be disagreed 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.]