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| Exceptions from section 111. |
112. - (1) Section 111 does not apply in any case where it appears to the authority or authorities that action is urgently required for the purpose of-
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(a) maintaining an existing service, |
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(b) securing the provision of a service in place of a service which has ceased to operate, or |
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(c) securing the provision of a service to meet any public transport requirement which has arisen unexpectedly and ought in the opinion of the authority to be met without delay. |
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(2) The appropriate national authority may by regulations make provision for further exceptions from section 111, including in particular with respect to-
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(a) cases in which no tender, or no acceptable tender, is submitted in response to an invitation to tender issued under section 111(1) or under any provision made by virtue of subsection (5)(a), and |
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(b) agreements of a prescribed description. |
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(3) The appropriate national authority may make regulations fixing the maximum duration of a quality contract entered into under subsection (1) or under any provision made by virtue of subsection (2).
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(4) The appropriate national authority may by regulations make further provision with respect to exceptions from section 111.
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(5) Regulations under subsection (4) may in particular-
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(a) require authorities to invite tenders for the provision of a service which is the subject of a quality contract made under subsection (1) or under any provision made by virtue of subsection (2), and |
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(b) require authorities to publish prescribed information (including as to their reasons for entering into particular quality contracts) or to give notices. |
| Variation or revocation of scheme. |
113. - (1) The authority or authorities who made the scheme may vary it by-
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(a) increasing the area to which it relates (to no greater than the whole of their area or combined area) or adding to the description of local services which are to be provided under quality contracts, or |
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(b) reducing that area or reducing the description of services. |
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(2) The scheme may not be varied under subsection (1)(a) unless the conditions set out in paragraphs (a) and (b) of section 105(1) are met with respect to the scheme as varied.
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(3) The scheme may not be varied under subsection (1)(b) unless those conditions-
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(a) are no longer met with respect to it, but |
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(b) are met with respect to the scheme as varied. |
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(4) The authority or authorities may revoke the scheme-
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(a) if those conditions are no longer met with respect to it, or |
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(b) if they and one or more other authorities make a quality contracts scheme covering the whole or part of the area to which it relates. |
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(5) The variation or revocation of the scheme under subsection (1) or (4)-
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(a) requires the approval of the authority which approved the making of the scheme, and |
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(b) is subject to the same procedure as the making of a scheme, except to the extent that that procedure is modified by regulations made by the appropriate national authority. |
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(6) The appropriate national authority may by regulations provide that in prescribed circumstances quality contracts schemes may be revoked by that authority before coming into operation.
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| Regulations about schemes. |
114. - (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 contracts schemes, |
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(b) the approval of schemes, |
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(c) the local services or classes of local services which are to be, or may be, excluded from schemes, |
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(d) the conditions which must be, or may be, attached to such exclusions, and |
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(e) such other incidental matters in connection with quality contracts 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 and manner of applications for approval of such proposals, |
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(f) the form of schemes or variations, and |
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(g) giving notice of schemes which have been made or of the variation or revocation of schemes. |
| Transitional provision about schemes. |
115. - (1) The appropriate national authority may by regulations make such transitional provision as he considers appropriate in connection with-
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(a) the coming into operation of quality contracts schemes, |
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(b) the variation of such schemes, and |
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(c) the ending of such schemes (whether or not as a result of their revocation). |
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(2) The regulations may in particular provide that in prescribed circumstances-
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(a) any provision of sections 6 to 9 of the Transport Act 1985 (registration of local services) which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or |
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(b) any such provision which would not otherwise have effect is to have effect or is to have effect with such modifications as may be prescribed,
in relation to the whole or any part of the area to which the scheme relates. |
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Bus services: ticketing schemes |
| Joint and through ticketing schemes for buses. |
116. - (1) A local transport authority, or two or more such authorities acting jointly, may make a ticketing scheme covering the whole or any part of their area, or combined area, if they consider that the proposed scheme-
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(a) would be in the interests of the public, and |
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(b) would to any extent implement the policies set out in their current bus strategy. |
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(2) A ticketing scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 117.
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(3) A ticketing scheme is a scheme under which operators of local services of a class specified in it are required to make and implement arrangements under which persons may purchase, in a single transaction, a ticket (or tickets) entitling the holder-
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(a) to make more than one journey on particular local services or on local services of a specified class (whether or not operated by the same person), |
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(b) to make a particular journey on two or more local services (whether or not operated by the same person), or |
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(c) where a particular journey could be made on local services provided by any of two or more operators, to make the journey on whichever service the holder chooses. |
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(4) Different arrangements may be specified in a ticketing scheme in respect of different classes of local service.
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(5) In carrying out their functions under this Part in relation to ticketing schemes, local transport authorities must co-operate with one another.
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(6) In considering whether to make a ticketing 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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| Notice and consultation requirements. |
117. - (1) If an authority or authorities propose to introduce a ticketing 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 specify the date on which the scheme is proposed to come into operation.
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(3) After giving notice of the proposed scheme, the authority or authorities must consult-
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(a) all operators of local services who would, in the opinion of the authority or authorities, be affected by it, |
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(b) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit, and |
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(c) the traffic commissioner for each traffic area covering the whole or part of the area to which it relates. |
| Making of scheme. |
118. - (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 the date on which it is to come into operation, which must not be earlier than three months after the date on which it is made.
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(3) Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of it-
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(a) in at least one newspaper circulating in the area to which it relates, |
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(b) to the traffic commissioner for each traffic area covering the whole or part of that area, |
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(c) to all operators of local services who would, in the opinion of the authority or authorities, be affected by it, and |
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(d) in such other manner, or to such other persons or class of person, (if any) as the appropriate national authority may prescribe by regulations. |
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(4) The notice must-
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(a) set out the terms of the scheme and the date on which it is to come into operation, and |
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(b) identify the classes of local service which will be affected by it. |
