Search Legislation

The Advanced Quality Partnership Schemes (England) Regulations 2018

Status:

This is the original version (as it was originally made).

Interpretation of Part 3

This section has no associated Explanatory Memorandum

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(iii)the date on which an objection made in accordance with regulation 26(2) is abandoned or withdrawn,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(1) 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(2) 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.

(1)

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.

(2)

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources