Office of Public Sector Information
PART 3 continued
After section 131C 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 Wales (whether with or without modifications).
(2) 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) Unless 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 (1)(b) and (1B) of section 127 also apply in relation to the continuation of the scheme, and with the modifications in subsection (4).
(4) The modifications are—
(a) any reference to proposing to make a scheme is to be read as a reference to proposing 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) 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),
but further or different modifications, or exclusions, may also be made by regulations under section 133(3)(b).
(5) Subsection (6) applies in any case where—
(a) an authority or authorities propose that a quality contracts scheme for an area in Wales should continue in operation (with or without modification) under section 131A, and
(b) the proposal is not an exempt continuation proposal.
(6) In any such case, section 126 (approval by Welsh Ministers of proposed schemes for areas in Wales) applies in relation to a proposal for the continuation of a scheme as it applies in relation to a proposal to make a scheme, but with the modifications set out in subsection (7).
(7) The modifications are—
(a) any reference to a proposed scheme is to be read as a reference to a proposal for a scheme to continue in operation under section 131A;
(b) the reference in section 126(2)(a) to wishing to make a scheme is to be read as a reference to wishing that a scheme should continue in operation;
(c) any reference to any conditions set out in any paragraphs of section 124(1) 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);
(d) 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.
(8) 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, and
(c) give notice of the decision in accordance with section 127(8) and (9).
(9) For the purposes of subsection (8)(a), the time allowed is the period of 6 months following the date of publication of the consultation document required by section 125(1)(a) as it applies by virtue of section 131A.”.
After section 131D of the TA 2000 insert—
(1) This section applies where an authority or authorities who propose that a quality contracts scheme should continue in operation (with or without modifications) under section 131A—
(a) decide that the proposal is an exempt continuation proposal, and
(b) acting on the basis of that decision, decide that the scheme should so continue in operation.
(2) Any person falling within subsection (3) may appeal to the Transport Tribunal against—
(a) the decision of the authority or authorities that the proposal is an exempt continuation proposal, or
(b) the decision of the authority or authorities that the scheme is to continue in operation (with or without any modifications).
(3) The persons are—
(a) any person who was consulted under section 125(3) (as it applies by virtue of section 131A in a case where the proposal is an exempt proposal),
(b) any person who was not so consulted, but who, in the opinion of the Transport Tribunal, 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.
(5) On an appeal under this section 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.
(6) The powers of the Tribunal on an appeal under this section 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 (7),
(c) direct the authority or authorities to vary the scheme, as it continues or is to continue in operation, in such manner as the Tribunal may specify in the direction (but see subsection (8)),
(d) quash the whole or any part of the decision of the authority or authorities (but see subsection (9)).
(7) 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) as respects those matters, consult or further consult 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,
(c) make such variations of the scheme, as it continues or is to continue in operation, as may in consequence appear appropriate to the authority or authorities.
(8) The Tribunal may give a direction under this section to vary a scheme by reducing the area to which it relates only if they are of the opinion that the conditions in section 132(3) are met.
(9) The power of the Tribunal under this section to quash a decision of an authority or authorities that a scheme should continue in operation under section 131A 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 (6)(b) or (c).
(10) If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the proposal for the scheme to continue in operation was not an exempt continuation proposal—
(a) they must allow the appeal to that extent,
(b) they must remit the matter to the authority or authorities, with or without directions, and
(c) subsections (11) to (14) have effect.
(11) The directions that the Tribunal may give under this section include—
(a) directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposal for continuation under section 131A is not an exempt continuation proposal,
(b) directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a) or (b) of subsection (1) of section 131B (meaning of “exempt continuation proposal”) is met in the case of the scheme,
(c) directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken.
(12) Where the Tribunal give directions falling within subsection (11), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order.
(13) If the scheme or proposed scheme relates to an area in Wales, the Tribunal may not make any order which has the effect of—
(a) giving approval under section 126 as it applies by virtue of section 131D, or
(b) dispensing with the need for any such approval,
but this is without prejudice to the temporary provision that may be made in directions falling within subsection (11)(c).
(14) The appropriate national authority may make regulations with respect to the procedure to be followed in relation to a scheme in cases where the Tribunal decide that the proposal for continuation under section 131A was not an exempt continuation proposal.”.
After section 131E of the TA 2000 insert—
(1) This section applies where an authority or authorities—
(a) propose that a quality contracts scheme for an area in England should continue in operation (with or without modifications) under section 131A,
(b) decide that the proposal is not an exempt continuation proposal, and
(c) acting on the basis of that decision, decide that the scheme should so continue in operation.
(2) Any person falling within subsection (3) may appeal to the Transport Tribunal against the decision of the authority or authorities that the scheme should continue in operation.
(3) The persons are—
(a) any person who was consulted under section 125(3) (as it applies by virtue of section 131A in a case where the proposal is not an exempt continuation proposal),
(b) any person who was not so consulted, but who, in the opinion of the QCS board under section 126D(1)(b), ought to have been so consulted.
(4) Sections 127A(4) to (7) and 127B apply in relation to an appeal under subsection (2) as they apply in relation to an appeal under subsection (2) of section 127A, but with—
(a) the modifications in subsection (5), and
(b) such further or different modifications or exclusions as may be prescribed under section 133.
(5) The modifications are—
(a) any reference to the scheme is to be read as a reference to the scheme as it continues in operation,
(b) any reference to the scheme as made is to be read as a reference to the scheme as it continues 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 applies by virtue of section 131A in a case where the proposal is not an exempt continuation proposal.”.
(1) Section 132 of the TA 2000 (variation or revocation of scheme) is amended as follows.
(2) In subsection (2) (which refers to the conditions in certain provisions of section 124) for “subsection (1)(a) and (b)” substitute “subsection (1)(a) to (e)”.
(3) In subsection (4) (grounds for revocation) for “or” at the end of paragraph (a) substitute—
“(aa) if they consider that those conditions would no longer be met with respect to it if they were to act in accordance with a direction given by the Transport Tribunal under this Part, or”.
(4) In subsection (4A) (which defines the “relevant conditions” according to whether the scheme has been varied or not)—
(a) in paragraph (a), before “varied” insert “continued in operation under section 131A or”,
(b) also in paragraph (a), for “124(1)(a) and (b)” substitute “124(1)(a) to (e)”,
(c) in paragraph (b), before “varied” insert “continued in operation under section 131A or”,
(d) in paragraph (c), before “varied”, in the first place where it occurs, insert “continued in operation under section 131A or”,
(e) also in paragraph (c), before “varied”, in the second place where it occurs, insert “continued in operation or”.
(5) For subsection (5) (procedure for varying or revoking a scheme etc) substitute—
“(5) The variation or revocation of a scheme under subsection (1) or (4) is subject to the provisions of—
(a) subsection (6) (revocation: areas in England),
(b) subsection (7) (non-exempt variation: areas in England),
(c) subsection (8) (exempt variation: areas in England), or
(d) subsection (9) (areas in Wales),
except to the extent that section 132B (exemption for specific variations directed by Transport Tribunal on appeal) otherwise provides.
(6) The revocation of a scheme for an area in England is subject to the following requirements—
(a) before deciding to revoke the scheme, the authority or authorities must consult the persons mentioned in section 125(3) and each relevant traffic commissioner,
(b) as soon as reasonably practicable after deciding to revoke the scheme, the authority or authorities must give notice of the decision to each relevant traffic commissioner and must publish the notice in at least one newspaper circulating in the area to which the scheme relates,
(c) the notice must state that the decision has been taken and specify the date on which the revocation is to take effect,
except to the extent that those requirements are modified or excluded by regulations made by the Secretary of State under section 133.
For the purposes of this subsection “relevant traffic commissioner” means the traffic commissioner for any traffic area which consists of or includes the whole or any part of the area to which the scheme relates.
(7) The non-exempt variation of a scheme for an area in England is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified or excluded by regulations made by the Secretary of State under section 133.
(8) The exempt variation of a scheme for an area in England is subject to the same procedure as the making of a scheme, except to the extent that that procedure is modified or excluded by regulations made by the Secretary of State under section 133, but for the purposes of this subsection—
(a) sections 124(2)(c) and (2A), 126A to 126E and 127(1)(a) and (1A) (the QCS board provisions) do not apply;
(b) there is no requirement to give notice to the senior traffic commissioner under section 125(1)(d);
(c) the authority or authorities must consult any traffic commissioner falling within section 125(3)(e) (which accordingly has effect for this purpose with the omission of the words “if the proposed scheme relates to an area in Wales,”);
(d) sections 127A and 127B (appeals to the Transport Tribunal) do not apply;
(e) section 132A (appeals where proposed variation considered exempt) has effect in those cases for which it makes provision.
(9) The variation or revocation of a scheme for an area in Wales—
(a) requires the approval of the Welsh Ministers, except in the case of a variation which is an exempt variation, and
(b) is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified or excluded by regulations made by the Welsh Ministers under section 133.
(10) Section 130 (tendering) applies to a varied scheme (whether or not the variation is an exempt variation) but subject to regulations made by the appropriate national authority under section 133(3).
(11) A variation of a scheme is an exempt variation for the purposes of this section if the variation is—
(a) a reduction in the area to which the scheme relates,
(b) a reduction in the descriptions of services which are to be provided under quality contracts, or
(c) the provision of new exclusions from the scheme,
and a “non-exempt variation” is any other variation of a scheme.”.
(6) In consequence of the amendments made by subsection (5), renumber subsection (6) (regulations about revoking schemes before they come into operation) as subsection (12).
After section 132 of the TA 2000 insert—
(1) This section applies where an authority or authorities who propose to vary a quality contracts scheme under section 132—
(a) decide that the proposal is an exempt variation for the purposes of that section, and
(b) acting on the basis of that decision, decide to vary the scheme under that section.
(2) Any person falling within subsection (3) may appeal to the Transport Tribunal against—
(a) the decision of the authority or authorities that the variation is an exempt variation for the purposes of section 132, or
(b) the decision of the authority or authorities as to the variation of the scheme under that section.
(3) The persons are—
(a) any person who was consulted under section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),
(b) any person who was not so consulted, but who, in the opinion of the Transport Tribunal, 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.
(5) On an appeal under this section 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.
(6) The powers of the Tribunal on an appeal under this section 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 (7),
(c) direct the authority or authorities to vary the scheme, to the extent of the variation made by the authority or authorities, in such manner as the Tribunal may specify in the direction (but see subsection (8)),
(d) quash the whole or any part of the decision of the authority or authorities.
(7) 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) as respects those matters, consult or further consult the persons mentioned in section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),
(c) make such variations of the scheme as may in consequence appear appropriate to the authority or authorities.
(8) The Tribunal may give a direction under this section to vary a 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.
(9) If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the variation was not an exempt variation for the purposes of section 132—
(a) they must allow the appeal to that extent,
(b) they must remit the matter to the authority or authorities, with or without directions, and
(c) subsections (10) to (13) have effect.
(10) The directions that the Tribunal may give under this section include—
(a) directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposed variation under section 132 is not an exempt variation,
(b) directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a), (b) or (c) of section 132(11) (meaning of “exempt variation”) is met in the case of the variation,
(c) directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken.
(11) Where the Tribunal give directions falling within subsection (10), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order.
(12) If the scheme or proposed scheme relates to an area in Wales, the Tribunal may not make any order which has the effect of—
(a) giving approval under section 126 as it applies by virtue of section 132, or
(b) dispensing with the need for any such approval,
but this is without prejudice to the temporary provision that may be made in directions falling within subsection (10)(c).
(13) The appropriate national authority may make regulations with respect to the procedure to be followed in cases where the Tribunal decide that the variation or proposed variation was not an exempt variation for the purposes of section 132.”.
After section 132A of the TA 2000 insert—
(1) This section applies in relation to any of the following appeals—
(a) an appeal under section 127A against a decision to make a scheme,
(b) an appeal under section 131E(2)(a) against a decision that a proposal was an exempt continuation proposal,
(c) an appeal under section 131E(2)(b) against a decision that a scheme should continue in operation,
(d) an appeal under section 131F(2) against a decision that a scheme should continue in operation,
(e) an appeal by virtue of section 132 against a decision to vary a scheme,
(f) an appeal under section 132A(2)(a) against a decision that a variation was an exempt variation for the purposes of section 132,
(g) an appeal under section 132A(2)(b) against a decision as to the variation of a scheme under section 132.
(2) Where—
(a) any such appeal is made to the Transport Tribunal, and
(b) on that appeal, the Tribunal direct the authority or authorities to vary the scheme in the manner specified by the Tribunal in the direction,
nothing in section 132(5) to (9) (procedure for variation of scheme) applies in relation to the varying of the scheme in the manner specified in the direction, unless the Tribunal otherwise direct.
(3) Subsection (2) is without prejudice to any right of appeal against the decision of the Transport Tribunal.”.
(1) After section 132B of the TA 2000 insert—
(1) This section applies where a person who has agreed to provide a service (“the old service”) in accordance with a quality contract ceases to do so before the end of the period for which the contract was intended to have effect.
(2) The authority, or any one of the authorities, who entered into the quality contract may, in accordance with subsections (4) to (8) and section 132D, provide a local service (an “interim service”) in place of the old service or any part of it.
(3) Subsection (2) has effect notwithstanding any prohibition, restriction or limitation contained in any other enactment on the power of the authority to provide local services.
(4) An authority who provide an interim service of any description must hold a PSV operator’s licence to which no condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licence) prohibiting the authority from using vehicles under the licence to provide services of that description.
(5) Subsection (6) applies if—
(a) an authority provide an interim service in place of an old service or any part of an old service, and
(b) the authority or authorities who entered into the quality contract for the provision of the old service propose to enter into a quality contract for the provision of a replacement service in place of that service or (as the case may be) that part.
(6) The authority, or the authorities acting jointly, must invite tenders (in accordance with section 130) for the provision of the replacement service—
(a) as soon as reasonably practicable after the authority providing the interim service begin to do so, and
(b) in any event no later than three months after the date on which provision of the old service ceased.
(7) But subsection (6) does not apply if the authority, or the authorities acting jointly, decide to secure the provision of the replacement service under section 131 (circumstances in which quality contracts may be entered into without inviting tenders).
(8) The particulars of an interim service, or of a replacement service, need not be identical to the particulars of the old service, or that part of the old service, which it replaces.
(9) In this section—
“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);
“interim service” has the meaning given by subsection (2);
“the old service” has the meaning given by subsection (1);
“replacement service” means a local service provided under a quality contract in place of an old service or any part of an old service.
(1) This section applies for the purpose of determining the period for which an authority may provide an interim service which is provided in place of—
(a) an old service (“the relevant service”), or
(b) part of an old service (“the relevant part”).
(2) If the authority do not, within the period of three months beginning with the date on which provision of the relevant service ceased,—
(a) enter into a quality contract to provide a replacement service in place of the relevant service or (as the case may be) the relevant part, or
(b) issue an invitation to tender in pursuance of section 132C(6),
the authority must not provide the interim service after the end of that period.
(3) If the authority enter into a quality contract to provide such a replacement service within the period mentioned in subsection (2), the authority must not provide the interim service after the earlier of the following dates—
(a) the date on which the replacement service is first provided;
(b) the date falling nine months after the date on which the interim service is first provided.
Local Transport Act 2008