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

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Making of scheme.     116. - (1) If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.
 
      (2) The scheme must specify-
 
 
    (a) the facilities to be provided under it by the authority or authorities,
 
    (b) the standard of services to be provided under it by operators of local services,
 
    (c) the date on which it is to come into operation, and
 
    (d) the period for which it is to remain in operation, which must not be less than five years.
      (3) The scheme may provide that-
 
 
    (a) local services specified in it, or
 
    (b) local services of a class specified in it,
       are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.
 
      (4) The date specified in the scheme as that on which it is to come into operation must not be earlier than the date by which, in the opinion of the authority or authorities, it will be reasonably practicable-
 
 
    (a) for the authority or authorities to provide the specified facilities, and
 
    (b) for operators of local services to provide the specified standard of services,
       and, in any event, must not be earlier than the date provided by subsection (5).
 
      (5) The date referred to in subsection (4) is three months after-
 
 
    (a) the date on which the scheme is made, or
 
    (b) if later, the date on which any traffic regulation order required for the provision of any of the specified facilities is made or, if more than one such order is required for that purpose, the date on which the last of them is made.
      (6) Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice-
 
 
    (a) in at least one newspaper circulating in the area to which the scheme relates, and
 
    (b) to all operators of local services who would, in the opinion of the authority or authorities, be affected by the scheme and the traffic commissioner for each traffic area covering the whole or part of the area to which the scheme relates.
      (7) The notice must-
 
 
    (a) either contain full details of the scheme or state where such details may be inspected, and
 
    (b) if the scheme made is a modified version of that proposed, state that fact.
Postponement of scheme.     117. - (1) If it appears to the authority or authorities appropriate to do so, they may decide that the date on which the scheme would otherwise come into operation shall be postponed by such period, not exceeding 12 months, as they think fit.
 
      (2) Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the scheme.
 
      (3) Not later than 14 days after the date on which any such decision is made they must give notice of the decision-
 
 
    (a) in at least one newspaper circulating in the area to which the scheme relates, and
 
    (b) to all operators of local services who would, in their opinion, be affected by the scheme and the traffic commissioner for each traffic area covering the whole or part of the area to which the scheme relates.
Effect of scheme.     118. - (1) The authority or authorities must-
 
 
    (a) provide the specified facilities not later than the date on which the scheme is to come into operation, and
 
    (b) continue to provide them throughout the period during which it remains in operation.
      (2) But subsection (1) does not apply in relation to any period during which the authority or authorities are temporarily unable to provide the facilities owing to circumstances beyond their control.
 
      (3) Nor does it apply in the case of the Secretary of State or the National Assembly for Wales if he or it is unable to provide the facilities owing to the variation or revocation of a traffic regulation order.
 
      (4) The operator of a local service may not use facilities provided under a quality partnership scheme unless-
 
 
    (a) he has given a written undertaking to the traffic commissioner for each traffic area covering the whole or part of the area to which the scheme relates that he will provide the service to the standard specified in the scheme when using the facilities, and
 
    (b) he provides the service to that standard when using the facilities, except in relation to any period during which he is temporarily unable to do so owing to circumstances beyond his control.
      (5) But subsection (4) does not apply in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 116(3).
 
      (6) Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the Transport Act 1985 (registration of local services) of the service concerned.
 
Regulations about schemes involving existing facilities.     119. - (1) The appropriate national authority may by regulations make provision about the specifying in quality partnership schemes of facilities which are already being provided before the schemes are proposed ("existing facilities").
 
      (2) The regulations may in particular-
 
 
    (a) provide that existing facilities may not be specified if they were being provided before a date prescribed by, or determined in accordance with, the regulations,
 
    (b) provide that particular existing facilities or classes of existing facilities may not be specified (whenever they were first provided),
 
    (c) provide that particular existing facilities or classes of existing facilities may be specified only in circumstances prescribed by the regulations,
 
    (d) provide that, in circumstances prescribed by the regulations, particular existing facilities or classes of existing facilities may be specified only with the consent of a person prescribed by, or determined in accordance with, the regulations, and
 
    (e) make provision modifying any provision of sections 115 to 117 in relation to schemes which specify existing facilities.
Variation or revocation of schemes.     120. - (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 122.
 
Variation: supplementary.     121. - (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 118) include that authority.
 
      (3) The relevant references (apart from those in section 114(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 118) 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 118) do not include that authority.
 
      (6) For the purposes of this section the relevant references are those in-
 
 
    (a) section 114(1) to (4),
 
    (b) sections 115 to 120, and
 
    (c) section 127(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.
 
 
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