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| Notice and consultation requirements. |
106. - (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.
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(2) The notice must-
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(a) describe the proposed scheme, |
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(b) state where a copy of the scheme may be inspected, and |
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(c) state their reasons for wishing to make the scheme. |
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(3) After giving notice of the proposed scheme, the authority or authorities must consult-
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(a) all persons operating local services in the area to which it relates, |
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(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, |
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(c) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit, |
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(d) every other local transport authority, and any district council in England or council in Scotland, any part of whose area would, in the opinion of the authority or authorities, be affected by it, |
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(e) the traffic commissioner for each traffic area covering the whole or part of the area to which it relates, |
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(f) the chief officer of police for each police area covering the whole or part of that area, and |
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(g) such other persons as the authority or authorities think fit. |
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(4) The authority or authorities may modify the proposed scheme following those consultations.
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| Approval of proposed scheme. |
107. - (1) If, having complied with section 106, the authority or authorities wish to proceed with the proposed scheme they must apply to the appropriate national authority for its approval.
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(2) The application must include-
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(a) their reasons for wishing to make the scheme, and |
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(b) such other information as the appropriate national authority may reasonably require. |
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(3) A person operating local services in the area to which the proposed scheme relates may make written representations to the appropriate national authority about the scheme.
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(4) The appropriate national authority may approve the proposed scheme, with or without modifications, if it is satisfied that-
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(a) the conditions set out in paragraphs (a) and (b) of section 105(1) are met, and |
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(b) it is in the interests of the public that the scheme is made. |
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(5) If the appropriate national authority proposes to approve the scheme with modifications, it must first inform the authority or authorities and they must-
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(a) consult such of the persons they consulted under section 106(3) as would, in their opinion, be affected by those modifications, and |
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(b) inform the appropriate national authority as to the outcome of that consultation. |
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(6) After being informed of that outcome the appropriate national authority may approve the scheme either with those modifications or as proposed under subsection (1).
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| Making of scheme. |
108. - (1) If the appropriate national authority approves the scheme, the authority or authorities who proposed it may make it as approved at any time not later than six months after the date of the approval.
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(2) The scheme must specify-
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(a) the area to which it relates, |
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(b) the date on which it is to come into operation, which must not be earlier than 21 months after the date on which it is made, and |
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(c) the period for which it is to remain in operation, which must not be more than ten years. |
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(3) The scheme must outline-
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(a) the local services which are to be provided under quality contracts, and |
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(b) the features of the proposed invitations to tender for quality contracts. |
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(4) 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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(5) The scheme may contain such ancillary provisions as the authority or authorities think fit.
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(6) Not later than 14 days after the date on which the scheme is made, the authority or authorities must-
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(a) give notice in at least one newspaper circulating in the area to which the scheme relates, and |
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(b) send a copy of the scheme to the traffic commissioner for each traffic area covering the whole or part of that area. |
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(7) The notice must state-
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(a) that the scheme has been made, |
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(b) where a copy of the scheme may be inspected, and |
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(c) the date on which the scheme is to come into operation. |
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(8) The appropriate national authority may by order vary the period mentioned in subsection (2)(b).
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| Postponement of scheme. |
109. - (1) If it appears to the authority or authorities who made the scheme 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 as they think fit (subject to any provision of regulations made under subsection (4)).
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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 decision.
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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 decision 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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(4) The appropriate national authority may by regulations make provision with respect to postponements under subsection (1).
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(5) The regulations may in particular make provision-
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(a) as to the maximum period of postponements, and |
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(b) requiring authorities to re-issue invitations to tender in accordance with section 111. |
| Effect of scheme. |
110. - (1) During any period in which the scheme is in operation-
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(a) sections 6 to 9 of the Transport Act 1985 (registration of local services) do not have effect in relation to the area to which it relates, and |
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(b) no local service shall be provided in that area (if there is a stopping place for the service in that area) unless it is provided under a quality contract. |
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(2) But subsection (1) 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 108(4).
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(3) 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 of the service concerned.
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(4) The authority or authorities must invite tenders in accordance with section 111 not later than-
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(b) such other period as the appropriate national authority may by order specify,
after the scheme has been made. |
| Tendering for quality contracts. |
111. - (1) The authority, or the authorities acting jointly, must invite tenders for the provision of services to which the scheme relates for such period and on such basis as may be specified in the invitation to tender.
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(2) The period specified must not exceed five years beginning with the date on which any agreement entered into by accepting a tender submitted in response to the invitation is concluded.
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(3) Subject to subsection (4), such an invitation-
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(a) must be issued generally, in such manner as the authority or authorities consider appropriate for bringing it to the attention of persons who may be interested, and |
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(b) must also be issued individually to all persons who have given to that authority or any of those authorities a written notice indicating that they wish to receive invitations to tender for the provision of local services of a description to which the invitation relates. |
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(4) Such a notice must specify the address to which such an invitation is to be directed, and it shall be sufficient for the purposes of subsection (3)(b) if the authority or authorities send the invitation to the person giving such a notice at the address so specified.
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(5) The authority or authorities may only accept a tender submitted by a person who is the holder of either-
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(a) a PSV operator's licence, or |
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(b) a community bus permit. |
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(6) But subsection (5)(a) does not include a licence to which a condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licences) prohibiting the holder from using vehicles under the licence to provide local services of all descriptions or of any description to which the invitation relates.
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(7) After entering into a quality contract, the authority or authorities must give notice to the traffic commissioner for each traffic area covering the whole or part of the area to which the scheme relates of-
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(a) the local services to be provided in accordance with the contract, and |
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(b) the duration of the contract. |
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(8) The appropriate national authority may by regulations make provision requiring authorities to publish prescribed information about tenders submitted to them in accordance with this section or about their reasons for entering into particular quality contracts.
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