The Advanced Quality Partnership Schemes (England) Regulations 2018

Interpretation of Part 3 E+W

17.  For the purposes of this Part—

(a) a review is “completed” on the latest of the following dates—

(i) where an objection to the whole or any part of the outcome of the review has been submitted by virtue of regulation 26(2), the date on which that objection is finally determined,

(ii) the date on which the time for the submission of an objection under regulation 26(2) expires without any such objection having been made, or

(iii) the date on which an objection made in accordance with regulation 26(2) is abandoned or withdrawn,

and “objection” includes a reference to any further referral to a traffic commissioner for a determination under regulation 12, as applied by regulation 26;

(b) a request for a review of a requirement as to frequencies, timings or maximum fares is an “excepted request” if the lead authority is of the opinion that, since the relevant date, there has not been a change in market conditions which materially affects the ability of the operator making the request, acting in a competent and efficient manner, to secure an appropriate rate of return from continuing to operate existing services to the standard specified in the scheme;

(c) “existing services” means, in relation to a particular operator, all local services registered under section 6 of the 1985 Act M1 in the name of that operator—

(i) which have one or more stopping places in the area to which the scheme relates; and

(ii) in respect of which, on the day on which the lead authority, without a request from a relevant participating operator, decides to start a review or, as the case may be, a request for a review is made by a relevant participating operator, the registration is extant;

(d) “maximum fares requirement period” has the meaning given in regulation 18(2);

(e) “participating operator” means, in relation to a particular scheme, an operator—

(i) who has given a written undertaking to a traffic commissioner in accordance with section 113J(4) or (5) of the 2000 Act M2 in respect of that scheme; and

(ii) who is, at the relevant time, operating local services in accordance with the terms of that undertaking;

(f) “relevant date”, in relation to a requirement as to frequencies, timings or maximum fares means either—

(i) the date on which the requirement or, where a requirement as to maximum fares is varied in accordance with a formula that formula, was first introduced; or

(ii) where there has been a previous review of that requirement or formula, the date on which that review was completed;

(g) “relevant participating operator” means, in relation to any requirement as to frequencies, timings or maximum fares specified in a scheme, a participating operator to whom that requirement applies; and

(h) “review notice” means a notice issued by a lead authority to start a review of requirements as to frequencies, timings or maximum fares under these Regulations.

Marginal Citations

M1 1985 c. 67. Section 6 of the Transport Act 1985 has been amended by paragraph 8 of Schedule 12 to the Railways Act 2005 (c. 14), paragraph 2(2) and (3) of Schedule 10 to the Education and Inspections Act 2006 (c. 40), sections 48(2), 49 and 65 of the Local Transport Act 2008, paragraph 2 of Schedule 1 to the Learner Travel (Wales) Measure 2008 (c. 02), S.I. 2010/1158, 2013/1644 and sections 11(2), (3) and (4), 12(2), 18(4) and 20(1) and (2) of, and paragraph 2 of Schedule 1 and paragraph 2 of Schedule 2 to, the Bus Services Act 2017. There are other amendments which are not relevant.

M2 2000 c. 38. Section 113J was inserted by section 1 of the Bus Services Act 2017 (c. 21).