Office of Public Sector Information
PART 3 continued
(1) Following receipt of a request from the authority or authorities under section 126C(4), the QCS board is to consider the proposed scheme and—
(a) form an opinion whether the conditions set out in the paragraphs of section 124(1) or, as the case may be, of section 124(1A) are met in the case of the proposed scheme;
(b) form an opinion whether the authority or authorities have complied with the requirements of section 125(1) to (3).
(2) If the board is of the opinion that the conditions mentioned in subsection (1)(a) are not met, it may make recommendations as to actions that the authority or authorities might take in response to that opinion.
(3) If the board is of the opinion that the authority or authorities have not complied with the requirements of section 125(1) to (3), it may make recommendations as to actions that the authority or authorities might take in response to that opinion.
(4) If, in performing its functions under subsection (1)(b), the board is of the opinion that any person who was not consulted under section 125(3) ought to have been so consulted, that person has—
(a) the rights of appeal under section 127A that are conferred by virtue of subsection (3)(b) of that section, or
(b) in a case where this section applies by virtue of section 131C(3) (non-exempt proposal to continue scheme), the rights of appeal under section 131F that are conferred by virtue of subsection (3)(b) of that section.
(5) The board is to give notice to the authority or authorities of—
(a) the opinions that it has formed on the questions in paragraphs (a) and (b) of subsection (1),
(b) any recommendations that it makes under subsection (2) or (3),
(c) its reasons for forming those opinions and making any such recommendations,
and is to publish a report stating those opinions, recommendations and reasons.
(6) If, in a case where the board makes recommendations under subsection (3), the authority or authorities take the action recommended by the board and publish notice that they have done so, this Part has effect as if—
(a) the authority or authorities had complied with the requirements of section 125(1) to (3) to which the recommendations relate, and
(b) the opinion formed by the board on the question in subsection (1)(b) had included (and had been stated in the report as including) the opinion that the authority or authorities had complied with those requirements.
(7) Following receipt of the notice under subsection (5), the authority or authorities may modify the proposed scheme.
(8) If the authority or authorities—
(a) modify the proposed scheme by virtue of subsection (7) or section 125(5), and
(b) send the board a request under section 126C(4) by virtue of section 126C(6),
this section has effect with such modifications or exclusions as may be prescribed by regulations under section 126E or 133.”.
After section 126D of the TA 2000 insert—
(1) The Secretary of State may make regulations—
(a) with respect to the constitution of a QCS board,
(b) with respect to the powers and duties of any such board,
(c) governing the practice and procedure to be followed by any such board, and
(d) generally for the carrying into effect of the powers and duties of any such board.
(2) The provision that may be made by regulations under subsection (1) includes—
(a) provision about requests under section 126C(4);
(b) provision for an acknowledgement of the receipt of any such request to be issued by such person, and within such time, as may be prescribed in the regulations;
(c) the procedure to be followed in cases where a further request under section 126C(4) is sent to the QCS board by virtue of section 126C(6) in relation to a proposed scheme which has been modified (the “modified scheme”);
(d) provision for or in connection with the making of representations about the modified scheme;
(e) the publication by the board of provisional findings before it publishes its report.
(3) Regulations may prescribe the time within which the Secretary of State considers that any QCS board should normally have published its report.
(4) It is the duty of a QCS board to take all reasonable steps to publish its report within that time.
(5) If a QCS board does not publish its report within that time, the Commissioner must immediately prepare a statement of—
(a) the reasons why the board has not published its report within that time;
(b) the action the board is taking to publish its report as soon as reasonably practicable;
(c) the time within which it is expected that the board will publish its report.
(6) As soon as reasonably practicable after the statement required by subsection (5) has been prepared, the Commissioner must send a copy of it to each of the following—
(a) the Secretary of State;
(b) the authority or authorities proposing to make the scheme.
(7) The Secretary of State may issue guidance concerning the carrying out by a QCS board of its functions under this Part in relation to quality contracts schemes.
(8) A QCS board must have regard to any such guidance.
(9) In this section—
“the Commissioner” has the same meaning as in section 126A;
“regulations” means regulations made by the Secretary of State;
“report” means the report which the board is required to publish by virtue of section 126D(5).”.
(1) Section 127 of the TA 2000 (making of scheme) is amended as follows.
(2) For subsection (1) (making of scheme to be not later than 6 months after approval by appropriate national authority) substitute—
“(1) The authority or authorities who proposed the scheme may make it—
(a) in the case of a scheme for an area in England, in accordance with the requirements of subsection (1A);
(b) in the case of a scheme for an area in Wales, in accordance with the requirements of subsection (1B).
(1A) If the scheme is for an area in England, the authority or authorities who proposed it—
(a) must not make the scheme until they publish a response prepared by them to the report published by the QCS board under section 126D(5) in relation to the scheme, but
(b) subject to that, may make the scheme at any time not later than 6 months after the publication of that report.
Any such response must state the actions (if any) which the authority or authorities have taken in relation to each of the board’s recommendations (if any) under section 126D(2) or (3).
(1B) If—
(a) the scheme is for an area in Wales, and
(b) the Welsh Ministers approve the scheme under section 126,
the authority or authorities who proposed it may make it, as approved, at any time not later than 6 months after the date of the approval.”.
(3) In subsection (2) (what the scheme must specify) for paragraph (b) (date on which scheme comes into operation etc) substitute—
“(b) the date on which it is to come into operation or, if the scheme provides for different provisions to come into operation on different dates, or on different dates for different purposes, those dates in the case of each provision, and”.
(4) In subsection (2), in paragraph (c) (maximum period for which scheme to remain in operation) after “ten years” insert “from the earliest date on which the scheme or any of its provisions comes into operation.”.
(5) After subsection (2) insert—
“(2A) No date that is to be specified under subsection (2)(b) may be earlier than 6 months after the scheme is made.”.
(6) After subsection (3) insert—
“(3A) The scheme must specify the date or dates on which it is proposed that the authority or authorities will issue invitations to tender for the provision of any services to which the scheme relates (see section 130).”.
(7) In subsection (9) (contents of notice under subsection (8)) for paragraph (c) (date on which scheme comes into operation) substitute—
“(c) the date or dates on which the scheme, or the different provisions of the scheme, are to come into operation.”.
(8) For subsection (10) (power by order to vary the period mentioned in subsection (2)(b)) substitute—
“(10) The appropriate national authority may by order vary any of the periods mentioned in subsection (1A), (1B) or (2A).”.
(9) In section 162(4) of the TA 2000 (provisions where references to Passenger Transport Authorities or Integrated Transport Authorities are to be read as references to Passenger Transport Executives) insert at the appropriate place in the list of provisions—
“section 127(3A),”.
(1) After section 127 of the TA 2000 insert—
(1) This section applies where an authority or authorities make a quality contracts scheme for an area in England.
(2) Any person falling within subsection (3) may appeal to the Transport Tribunal against the decision of the authority or authorities to make the scheme.
(3) The persons are—
(a) any person who was consulted under section 125(3),
(b) any person who was not consulted under section 125(3) but who, in the opinion of the QCS board under section 126D(1)(b), ought to have been so consulted.
(4) An appeal under this section may be—
(a) on a point of law, or
(b) on a question of fact, unless subsection (5) prevents it.
(5) No appeal lies under this section on a question of fact (and no question of fact is to be entertained by the Tribunal on an appeal under this section) in any case where subsection (6) applies.
(6) This subsection applies if the QCS board stated in its report under section 126D(5) that it is of the opinion—
(a) that the conditions in the paragraphs of section 124(1) or, as the case may be, of section 124(1A) are met, and
(b) that the authority or authorities have complied with the requirements of section 125(1) to (3) (or are by virtue of section 126D(6) to be taken to have complied with those requirements by virtue of having taken any action recommended by the board in any previous reports),
and if the scheme, as made, corresponds to the proposed scheme to which that report relates.
(7) The authority or authorities may issue invitations to tender in accordance with section 130(1) notwithstanding the lodging of any appeal under or by virtue of this section.
(1) On an appeal under section 127A the Transport Tribunal shall have power—
(a) to make such order as they think fit, or
(b) to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct.
(2) The powers of the Tribunal on an appeal under section 127A include power to do any one or more of the following—
(a) dismiss the appeal in whole or in part,
(b) remit the matter to the authority or authorities with one or more directions under subsection (3),
(c) direct the authority or authorities to vary the scheme in such manner as the Tribunal may specify in the direction (but see subsection (4)),
(d) quash the decision of the authority or authorities (but see subsection (5)).
(3) A direction under this subsection is a direction for the authority or authorities to do each of the following—
(a) consider or reconsider such matters as may be specified in the direction,
(b) consult or further consult as respects those matters in such manner as may be specified in the direction,
(c) vary the scheme in such respects as may in consequence appear appropriate to the authority or authorities.
(4) The Tribunal may give a direction under this section to vary the scheme by reducing the area to which the scheme relates only if they are of the opinion that the conditions in section 132(3) are met.
(5) The power of the Tribunal under this section to quash the decision of the authority or authorities is exercisable only if the Tribunal are of the opinion that there are defects in the scheme which are not capable of being remedied by varying the scheme under or by virtue of subsection (2)(b) or (c).
(6) Where, on an appeal under section 127A, the Tribunal exercises any power falling within paragraph (b) of subsection (2) above, the only further appeal allowed under that section is an appeal against a decision of the authority or authorities to vary, or not to vary, the scheme by virtue of subsection (3)(c).”.
(2) In section 162(4) of the TA 2000 (provisions where references to Passenger Transport Authorities or Integrated Transport Authorities are to be read as references to Passenger Transport Executives) insert at the appropriate place in the list of provisions—
“section 127A(7),”.
In section 128 of the TA 2000 (postponement of scheme) in subsection (1)—
(a) after “the scheme”, in the second place where those words occur, insert “, or any particular provision of the scheme,”;
(b) after “would otherwise come into operation” insert “, or come into operation for any particular purpose or purposes,”.
(1) Section 129 of the TA 2000 (effect of scheme) is amended as follows.
(2) In subsection (1) (consequences for period during which scheme is in operation)—
(a) after “the scheme” insert “, or (in the case of a scheme which provides for different provisions to come into operation on different dates) any provision of the scheme,”;
(b) in paragraph (a), for “the area to which it relates” substitute “the area to which the scheme, or that provision, relates”;
(c) in paragraph (b), after “under a quality contract” insert “or is an interim service (see section 132C)”.
(3) In subsection (2) (exception for services excluded from the scheme by virtue of section 127(4)) after “But subsection (1) does not apply” insert “—
(a) so as to prevent the application of sections 6 to 9 of the Transport Act 1985 in relation to any service by virtue or in consequence of section 6B of that Act (application for registration or variation where quality contracts scheme in force),
(b) so as to prevent the provision of any service registered under section 6 of the Transport Act 1985 by virtue of section 6B of that Act, or
(c)”.
(4) Subsection (4) (tenders to be invited not later than 3 months after the scheme has been made) shall cease to have effect.
(1) Section 130 of the TA 2000 (tendering for quality contracts) is amended as follows.
(2) In subsection (1) (authority to tender for provision of services) after “services to which the scheme” insert “, or each provision of the scheme,”.
(3) In subsection (2) (period of contract not to exceed five years) for “five” substitute “10”.
After section 131 of the TA 2000 insert—
(1) If it appears to them appropriate to do so, the authority or authorities who made a quality contracts scheme (other than any to whose area the scheme no longer relates) may decide that the scheme should continue in operation for a further period, with or without modification.
(2) Before making such a decision, they must, unless the proposal that the scheme should continue is an exempt continuation proposal (see section 131B), comply with the requirements of—
(a) section 124(2)(b) (approval by Welsh Ministers), if the scheme is for an area in Wales, or
(b) section 124(2)(c) (publication of request to, and response to report of, QCS board), if the scheme is for an area in England.
(3) Section 125 applies in relation to the continuation of a scheme under this section as it applies in relation to the making of a scheme, but with the following modifications—
(a) any reference to a proposal to make a scheme is to be read as a reference to a proposal for the continuation of a scheme,
(b) any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation,
and with the further modifications specified in subsections (4) and (5), but this is subject to such modifications or exclusions as may be prescribed by regulations under section 133.
(4) If the proposal is an exempt continuation proposal—
(a) section 125(1)(d) (duty to send copy of notice to senior traffic commissioner if scheme relates to area in England) does not apply, but
(b) section 125(3)(e) (duty to consult traffic commissioners for areas to which scheme relates) applies with the omission of the words “if the proposed scheme relates to an area in Wales,”.
(5) The consultation document that is to be published by virtue of section 125(1)(a), as applied by subsection (3), must (instead of complying with section 125(1A)) include—
(a) a description of the scheme, together with any proposed modifications to it;
(b) a statement of the opinion of the authority or authorities as to the effectiveness of the scheme in achieving the objectives set out in paragraphs (a) to (e) of section 124(1) or, as the case may be, paragraphs (b) and (d) of section 124(1A) up to the date of the report;
(c) a statement of the reasons why they are satisfied that the scheme as proposed to be continued (with any proposed modifications) will meet the conditions in subsection (1) or, as the case may be, (1A) of section 124;
(d) a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the continuation of the scheme;
(e) a statement of the period for which it is proposed that the scheme should continue in operation, which must not be more than a further 10 years;
(f) if the authority or authorities consider that the proposal for the scheme to continue is an exempt continuation proposal, a statement of that fact;
(g) a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;
(h) a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—
(i) any estimated income from fares, and
(ii) any grants from Ministers of the Crown or government departments,
any remaining funding required to continue the scheme in operation can be provided from other resources available to the authority or authorities;
(i) the date by which any written responses to the consultation must be submitted to the authority or authorities.
(6) For the purposes of this section—
(a) subsection (1B) of section 125 (matters to be included in the description of the proposed scheme) applies for the purposes of subsection (5)(a) as it applies for the purposes of subsection (1A)(a) of that section, and
(b) subsection (1C) of that section (meaning of “chief finance officer”) applies for the purposes of subsection (5)(h) as it applies for the purposes of subsection (1A)(e) of that section.
(7) The consultation document mentioned in subsection (5) must be published and supplied in accordance with section 125(1)(a) and (b) (as applied by this section) not less than 12 months before the scheme’s expiry date.
(8) For the purposes of this section, a scheme’s “expiry date” is the later of the following dates—
(a) the end of the period specified in the scheme in accordance with section 127(2)(c),
(b) if the scheme has been continuing in operation by virtue of the previous application of this section, the end of the period for which it is so continuing in operation.
(9) The period for which a scheme continues in operation by virtue of a decision under subsection (1) may begin—
(a) on such day falling before, on, or immediately after the scheme’s expiry date as the authority or authorities decide, or
(b) if the circumstances are such that the continuation of the scheme cannot begin on a day falling within paragraph (a), on such later day as the authority or authorities decide in accordance with regulations made by the appropriate national authority for the purposes of such circumstances.
(10) If the authority or authorities publish and supply a consultation document in accordance with subsection (7), the scheme remains in operation (without any modifications proposed by them under subsection (1)) until—
(a) in a case where the scheme is to continue in operation for a further period, the day before the beginning of that period, or
(b) in any other case, the scheme’s expiry date.
(11) Section 130 (tendering) applies to a scheme that continues in operation under this section (whether or not the proposal for the scheme to continue in operation was an exempt continuation proposal) but subject to regulations made by the appropriate national authority under section 133(3).”.
(1) After section 131A of the TA 2000 insert—
(1) For the purposes of this Part a proposal that a quality contracts scheme should continue in operation is an “exempt continuation proposal” if—
(a) any one or more of Conditions 1 to 3 are met and Conditions A and B are met, or
(b) the circumstances are as prescribed in regulations made by the appropriate national authority.
(2) Condition 1 is that it is not proposed that the area to which the continuation scheme relates is to be greater than the area to which the existing scheme relates.
(3) Condition 2 is that it is proposed that the area to which the continuation scheme relates is to be greater than the area to which the existing scheme relates, but—
(a) the additional area proposed to be included falls wholly within the area or combined area of the authority or authorities proposing the continuation of the scheme, and
(b) it is not proposed that under the continuation scheme any descriptions of local services are to be provided under quality contracts in addition to the descriptions of local services so provided under the existing scheme.
(4) Condition 3 is that during the period while the existing scheme has been in force—
(a) there has been a change in the area of the authority, or of any of the authorities, that last made or continued the scheme, or
(b) a different authority has become the local transport authority for some or all of the area to which the scheme relates,
but it is not proposed that under the continuation scheme any descriptions of local services are to be provided under quality contracts in addition to the descriptions of local services so provided under the existing scheme.
(5) Condition A is that it is not proposed under the continuation scheme that any local services which, immediately before the coming into force of that scheme, were unregulated services are under the continuation scheme to be provided under quality contracts.
(6) Condition B is that it is not proposed under the continuation scheme that any services which, immediately before the coming into force of that scheme, were excluded services in the case of the existing scheme are not to be excluded services in the case of the continuation scheme.
(7) In this section—
“the continuation scheme” means the scheme as proposed to continue in operation;
“excluded services”, in the case of any quality contracts scheme, means any local services, or class of local services, which are excluded from the scheme by virtue of section 127(4);
“the existing scheme” means—
the scheme as last continued or varied, or
if the scheme has not previously been continued or varied, the scheme as originally made;
“unregulated services” means any local services provided otherwise than—
under a contract with one or more local transport authorities, or
by an authority or authorities acting under section 132C(2) (power to provide interim services in exceptional circumstances);
and any reference to the coming into force of a scheme includes a reference to the coming into force of any particular provision of it.
(8) See also section 131E (which makes provision about appeals relating to exempt continuation proposals).”.
(2) In section 162 of that Act (interpretation of Part 2) insert the following definition at the appropriate place in subsection (1)—
““exempt continuation proposal” is to be read in accordance with section 131B,”.
After section 131B of the TA 2000 insert—
(1) This section has effect with respect to the continuation in operation under section 131A (or the proposed continuation in operation under that section) of a quality contracts scheme for an area in England (whether with or without modifications).
(2) If the proposal for the continuation of the scheme—
(a) is an exempt continuation proposal, or
(b) in a case where the authority or authorities have decided that the scheme should continue, was such a proposal,
subsections (2) and (3) to (9) of section 127 apply in relation to the continuation of the scheme as they apply in relation to the making of a scheme, but with the modifications in subsection (4).
(3) Where subsection (2) does not apply, sections 126A to 127 apply in relation to the continuation of a scheme as they apply in relation to the making of a scheme, but with the modifications in subsection (4).
(4) The modifications are—
(a) any reference to a proposal to make a scheme is to be read as a reference to a proposal for the continuation of a scheme,
(b) any reference to making a scheme is to be read as a reference to deciding that a scheme should continue in operation,
(c) any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation,
(d) any reference to any conditions set out in any paragraphs of section 124(1) or (as the case may be) of section 124(1A) being met is to be read as a reference to those conditions being met by the scheme as proposed to continue in operation (with any proposed modifications),
(e) any reference to section 125 or any provision of that section is to be read as a reference to that section or provision as it has effect by virtue of section 131A,
(f) the references in section 127(2)(b) and (9)(c) to the date or dates on which the scheme is, or provisions of the scheme are, to come into operation are to be read as references to the day decided by the authority or authorities by virtue of section 131A(9),
(g) section 127 has effect with the omission of subsection (2A) (scheme not to come into operation until 6 months after making),
but further or different modifications, or exclusions, may also be made by regulations under section 133(3)(b).
(5) If, acting on the basis that the proposal for the continuation of the scheme is an exempt continuation proposal, the authority or authorities decide that the scheme is to continue, they must—
(a) publish in such manner as they think fit, and within the time allowed, a notice announcing their decision on the proposal,
(b) supply a copy of that notice to each of the persons mentioned in section 125(3) as it applies by virtue of section 131A in a case where the proposal is an exempt continuation proposal, and
(c) give notice of the decision in accordance with section 127(8) and (9).
(6) For the purposes of subsection (5)(a), the time allowed is the period of 6 months following the date of publication of the consultation document required by section 125(1) as applied by section 131A.”.
Local Transport Act 2008