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| Making of scheme. |
99. - (1) If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.
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(2) The scheme must specify-
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(a) the facilities to be provided under it by the authority or authorities, |
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(b) the standard of services to be provided under it by operators of local services, |
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(c) the date on which it is to come into operation, and |
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(d) the period for which it is to remain in operation, which must not be less than five years. |
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(3) The scheme may provide that-
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(a) local services specified in it, or |
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(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. |
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(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-
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(a) for the authority or authorities to provide the specified facilities, and |
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(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). |
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(5) The date referred to in subsection (4) is three months after-
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(a) the date on which the scheme is made, or |
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(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. |
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(6) Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice-
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(a) in at least one newspaper circulating in the area to which the scheme relates, and |
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(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. |
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(7) The notice must-
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(a) either contain full details of the scheme or state where such details may be inspected, and |
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(b) if the scheme made is a modified version of that proposed, state that fact. |
| Postponement of scheme. |
100. - (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.
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(2) Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the scheme.
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(3) Not later than 14 days after the date on which any such decision is made they must give notice of the decision-
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(a) in at least one newspaper circulating in the area to which the scheme relates, and |
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(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. |
101. - (1) The authority or authorities must-
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(a) provide the specified facilities not later than the date on which the scheme is to come into operation, and |
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(b) continue to provide them throughout the period during which it remains in operation. |
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(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.
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(3) If a traffic regulation order is required for the provision of any of the specified facilities and the consent of the Secretary of State or the National Assembly for Wales is required to the making of the order, the authority or authorities must use their best endeavours to obtain that consent.
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(4) The operator of a local service may not use facilities provided under a quality partnership scheme unless-
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(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 |
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(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. |
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(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 99(3).
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(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.
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| Variation or revocation of scheme. |
102. - (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.
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(2) The authority or authorities who made a scheme may only 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 termination; and such consent must not be unreasonably withheld.
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(3) If the variation of a scheme would require the making of a traffic regulation order, the variation is subject to the same procedure as the making of a scheme.
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(4) Any other variation of a scheme or the revocation of a scheme is subject to that procedure, except to the extent that the procedure is modified by regulations made under section 103.
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| Regulations about schemes. |
103. - (1) The appropriate national authority may by regulations make further provision with respect to-
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(a) the procedure to be followed when making, varying or revoking quality partnership schemes, |
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(b) the local services or classes of local services which must be, or may be, excluded from schemes, |
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(c) the conditions which must be, or may be, attached to such exclusions, |
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(d) the form and manner in which undertakings are to be given to the traffic commissioner in connection with schemes, |
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(e) the making of traffic regulation orders in connection with schemes, and |
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(f) such other incidental matters in connection with quality partnership schemes as the appropriate national authority thinks fit. |
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(2) The regulations may in particular make provision with respect to-
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(a) giving notice of proposed schemes or proposed variations or revocation of schemes, |
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(b) objections to such proposals, |
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(c) the holding of inquiries or hearings into objections, |
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(d) modifications of such proposals, |
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(e) the form of schemes or variations, and |
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(f) giving notice of schemes which have been made or of the variation or revocation of schemes. |
| Guidance about schemes. |
104. - (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.
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(2) Those authorities and councils must have regard to any such guidance.
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Bus services: quality contracts schemes |
| Quality contracts schemes. |
105. - (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-
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(a) making a quality contracts scheme is the only practicable way of implementing the policies set out in their current bus strategy or strategies in the area to which the proposed scheme relates, and |
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(b) the proposed scheme will implement those policies in a way which is economic, efficient and effective. |
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(2) A quality contracts scheme may not be made unless the authority or authorities-
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(a) have complied with the notice and consultation requirements imposed by section 106, and |
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(b) have obtained the approval of the appropriate national authority in accordance with section 107. |
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(3) A quality contracts scheme is a scheme under which-
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(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 |
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(b) local services may only be provided in that area in accordance with quality contracts (subject to section 108(4)). |
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(4) In this Part "quality contract", in relation to a quality contracts scheme, means an agreement entered into under section 111 or 112 under which-
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(a) the authority or authorities grant to another person the exclusive right to operate the local services to which the contract relates, and |
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(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. |
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(5) A quality contract may be made on terms-
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(a) which include provision for the making of payments by the authority or authorities to the person undertaking to provide the local service, and |
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(b) requiring one or more of the parties to provide additional facilities or services. |
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(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.
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(7) The authority or authorities must keep under review the extent to which quality contracts entered into by them are complied with.
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(8) In carrying out their functions under this Part in relation to quality contracts schemes, local transport authorities must co-operate with one another.
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(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.
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