Transport Bill - continued        House of Lords
PART II, LOCAL TRANSPORT - continued
Bus services: quality partnership schemes - continued

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Variation or revocation of schemes.     119. - (1) The authority or authorities who made a quality partnership scheme may vary the scheme if they decide that it is appropriate to do so.
 
      (2) The authority or authorities who made a scheme may revoke it before the end of the period for which it would otherwise remain in operation if all persons who have given an undertaking to provide a service to the standard specified in the scheme consent to the revocation of the scheme; and such consent must not be unreasonably withheld.
 
      (3) If the variation of a scheme under subsection (1) would require the making of a traffic regulation order, the variation is subject to the same procedure as the making of a scheme.
 
      (4) Any other variation of a scheme under subsection (1), or the revocation of a scheme under subsection (2), is subject to that procedure, except to the extent that the procedure is modified by regulations made under section 121.
 
Variation: supplementary.     120. - (1) The relevant references to the authority or authorities in relation to a quality partnership scheme-
 
 
    (a) include a local transport authority if it has been varied so that it relates to that authority's area, but
 
    (b) do not include a local transport authority if it has been varied so that it no longer relates to that authority's area.
      (2) But if (although the scheme does not relate to a local transport authority's area) it would do by reason of a proposed variation, those references (apart from those in section 117) include that authority.
 
      (3) The relevant references (apart from those in section 113(1) and (3)) to the authority or authorities in relation to a quality partnership scheme-
 
 
    (a) include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities, but
 
    (b) do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities.
      (4) But if (although the scheme does not specify facilities which are traffic regulation facilities in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references (apart from those in section 117) include that authority.
 
      (5) And if (although the scheme specifies facilities which are traffic regulation facilities in relation to a traffic regulation authority)-
 
 
    (a) the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities has been revoked, and
 
    (b) the scheme is proposed to be varied (but not so that it specifies other facilities which are traffic regulation facilities in relation to that authority),
       the relevant references (apart from those in section 117) do not include that authority.
 
      (6) For the purposes of this section the relevant references are those in-
 
 
    (a) section 113(1) to (4),
 
    (b) sections 114 to 119, and
 
    (c) section 126(7),
       and paragraph 27(3) of Schedule 9 to the Road Traffic Regulation Act 1984.
 
      (7) In this section "traffic regulation authority" means-
 
 
    (a) a metropolitan district council,
 
    (b) the Secretary of State, or
 
    (c) the National Assembly for Wales.
      (8) For the purposes of this section facilities are traffic regulation facilities, in relation to a traffic regulation authority and a quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so.
 
Regulations about schemes.     121. - (1) The appropriate national authority may by regulations make further provision with respect to-
 
 
    (a) the procedure to be followed when making, varying or revoking quality partnership schemes,
 
    (b) the local services or classes of local services which must be, or may be, excluded from schemes,
 
    (c) the conditions which must be, or may be, attached to such exclusions,
 
    (d) the form and manner in which undertakings are to be given to the traffic commissioner in connection with schemes,
 
    (e) the making of traffic regulation orders in connection with schemes, and
 
    (f) such other incidental matters in connection with quality partnership schemes as the appropriate national authority thinks fit.
      (2) The regulations may in particular make provision with respect to-
 
 
    (a) giving notice of proposed schemes or proposed variations or revocation of schemes,
 
    (b) objections to such proposals,
 
    (c) the holding of inquiries or hearings into objections,
 
    (d) modifications of such proposals,
 
    (e) the form of schemes or variations, and
 
    (f) giving notice of schemes which have been made or of the variation or revocation of schemes.
Guidance about schemes.     122. - (1) The appropriate national authority may issue guidance concerning the carrying out by local transport authorities and metropolitan district councils of their functions under this Part in relation to quality partnership schemes.
 
      (2) Those authorities and councils must have regard to any such guidance.
 
 
Bus services: quality contracts schemes
Quality contracts schemes.     123. - (1) A local transport authority, or two or more such authorities acting jointly, may make a quality contracts scheme covering the whole or any part of their area, or combined area, if they are satisfied that-
 
 
    (a) making a quality contracts scheme is the only practicable way of implementing the policies set out in their bus strategy or strategies in the area to which the proposed scheme relates, and
 
    (b) the proposed scheme will implement those policies in a way which is economic, efficient and effective.
      (2) A quality contracts scheme may not be made unless the authority or authorities-
 
 
    (a) have complied with the notice and consultation requirements imposed by section 124, and
 
    (b) have obtained the approval of the appropriate national authority in accordance with section 125.
      (3) A quality contracts scheme is a scheme under which-
 
 
    (a) the authority or authorities determine what local services should be provided in the area to which the scheme relates and any additional facilities or services which should be provided in that area, and
 
    (b) local services may only be provided in that area in accordance with quality contracts (subject to section 126(4)).
      (4) In this Part "quality contract", in relation to a quality contracts scheme, means an agreement entered into under section 129 or 130 under which-
 
 
    (a) the authority or authorities grant to another person the exclusive right to operate the local services to which the contract relates, and
 
    (b) that person undertakes to provide the services on such terms (including in particular as to frequency, fares and standard of service) as may be specified in the agreement.
      (5) A quality contract may be made on terms-
 
 
    (a) which include provision for the making of payments by the authority or authorities to the person undertaking to provide the local service, and
 
    (b) requiring one or more of the parties to provide additional facilities or services.
      (6) Section 88(1) of the Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) does not apply in relation to quality contracts.
 
      (7) The authority or authorities must keep under review the extent to which quality contracts entered into by them are complied with.
 
      (8) In carrying out their functions under this Part in relation to quality contracts schemes, local transport authorities must co-operate with one another.
 
      (9) In considering whether to make a quality contracts scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.
 
Notice and consultation requirements.     124. - (1) If an authority or authorities propose to make a quality contracts scheme, they must give notice of the proposed scheme in at least one newspaper circulating in the area to which it relates.
 
      (2) The notice must-
 
 
    (a) describe the proposed scheme,
 
    (b) state where a copy of the scheme may be inspected, and
 
    (c) state their reasons for wishing to make the scheme.
      (3) After giving notice of the proposed scheme, the authority or authorities must consult-
 
 
    (a) all persons operating local services in the area to which it relates,
 
    (b) all other persons holding a PSV operator's licence or a community bus permit who would, in the opinion of the authority or authorities, be affected by it,
 
    (c) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,
 
    (d) any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,
 
    (e) the traffic commissioner for each traffic area covering the whole or part of the area to which it relates,
 
    (f) the chief officer of police for each police area covering the whole or part of that area, and
 
    (g) such other persons as the authority or authorities think fit.
      (4) For the purpose of subsection (3)(d) the following are relevant local authorities-
 
 
    (a) local transport authorities,
 
    (b) district councils in England,
 
    (c) London transport authorities, and
 
    (d) councils in Scotland.
      (5) The authority or authorities may modify the proposed scheme following those consultations.
 
Approval of proposed scheme.     125. - (1) If, having complied with section 124, the authority or authorities wish to proceed with the proposed scheme they must apply to the appropriate national authority for its approval.
 
      (2) The application must include-
 
 
    (a) their reasons for wishing to make the scheme, and
 
    (b) such other information as the appropriate national authority may reasonably require.
      (3) Any person consulted under section 124(3) may make written representations to the appropriate national authority about the scheme.
 
      (4) The appropriate national authority may approve the proposed scheme, with or without modifications, if it is satisfied that-
 
 
    (a) the conditions set out in paragraphs (a) and (b) of section 123(1) are met, and
 
    (b) it is in the interests of the public that the scheme is made.
      (5) If the appropriate national authority proposes to approve the scheme with modifications, it must first inform the authority or authorities and they must-
 
 
    (a) consult such of the persons they consulted under section 124(3) as would, in their opinion, be affected by those modifications, and
 
    (b) inform the appropriate national authority as to the outcome of that consultation.
      (6) After being informed of that outcome the appropriate national authority may approve the scheme either with those modifications or without modifications.
 
 
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