Transport (Scotland) Act 2001

[F1 PART 2 S Variation

Textual Amendments

F1 Sch. A1 inserted (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), ss. 36(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.

Meaning of local transport authority for the purposes of this Part S

11 S For the purposes of this Part, unless the context otherwise requires, a reference to a local transport authority includes a reference to a prospective authority (within the meaning of section 3H(2)(a)); and a reference to the area of the local transport authority is to be construed as including that of the prospective authority.

Preliminary notice S

12 S Where a local transport authority propose to vary a partnership plan or scheme under section 3H they must give notice of their proposal in such manner as they consider appropriate for bringing the notice to the attention of persons in their area.

Preparation S

13 S After giving notice under paragraph 12, the local transport authority must—

(a) invite every person who, at the qualifying time, is (or was) an operator of a qualifying local service in the area of the partnership plan (including those who, for whatever reason, become such an operator during the period when the changes are being prepared) to participate in the preparation of the changes, and

(b) in collaboration with such invited persons as wish to participate, prepare the changes for consultation.

Notice of draft changes and period for objections S

14 (1) The local transport authority must give notice of the changes prepared under paragraph 13 to persons who, at the qualifying time, are (or were) operators of qualifying local services in the area of the partnership plan and, if the changes involve adjusting the area of the plan, the proposed area. S

(2) A notice under this paragraph must—

(a) contain full details of the changes prepared,

(b) contain a statement advising of the effect of paragraph 15,

(c) state the period within which objections may be made (which may not be less than 28 days).

Effect of objections S

15 (1) The local transport authority may not progress the proposed variation and, in particular, may not consult under paragraph 16 if, within the period for objections— S

(a) in a case where the changes prepared under paragraph 13 relate to the proposed variation of a partnership plan, a sufficient number of the persons who are (or were) operators of qualifying local services in the area of the plan at the qualifying time object to it being varied, or

(b) in a case where the changes prepared under paragraph 13 relate to the proposed variation of a partnership scheme, a sufficient number of persons who are (or were) operators of qualifying local services in the area of the scheme at the qualifying time object to it being varied.

(2) If the changes prepared under paragraph 13 relate to the variation of two or more partnership schemes at the same time, sub-paragraph (1)(b) has effect as if references to the scheme were references to the scheme in question.

Notice and consultation on changes S

16 (1) This paragraph applies where, following the period for objections under paragraph 15, a local transport authority are not prevented from consulting. S

(2) The local transport authority must give notice of the changes prepared under paragraph 13 in such manner as they consider appropriate for bringing the notice to the attention of persons in their area.

(3) A notice under sub-paragraph (2) must—

(a) contain full details of the changes, or

(b) state where such details may be inspected.

(4) After giving the notice, the local transport authority must consult—

(a) all operators of local services who, in the opinion of the authority, are likely to be affected by the proposed variation,

(b) such organisations appearing to the authority to be representative of users of local services as they think fit,

(c) any other local transport authority or Transport Partnership that the authority consider may be affected by the proposed variation,

(d) the traffic commissioner,

(e) the chief constable of the Police Service of Scotland,

(f) the Competition and Markets Authority, and

(g) such other persons as the authority think fit.

Modifications of changes S

17 (1) This section applies where, following consultation under paragraph 16, a local transport authority consider it appropriate to modify the changes prepared under paragraph 13. S

(2) The local transport authority must give notice of the changes as modified to persons who are (or were) operators of qualifying local services in the area to which the changes as modified relate at the qualifying time.

(3) The notice under sub-paragraph (2) must—

(a) contain full details of the changes as modified,

(b) contain a statement advising of the effect of sub-paragraph (4),

(c) state the period within which objections may be made (which may not be less than 28 days).

(4) The local transport authority may not proceed to vary the partnership plan or scheme in line with the modified changes if, within the period for making objections—

(a) in a case where the proposed variation relates to a plan, a sufficient number of the persons who are (or were) operators of qualifying local services in the area of the plan at the qualifying time object to the variation, or

(b) in a case where the proposed variation relates to a scheme, a sufficient number of the persons who are (or were) operators of qualifying local services in the area of the scheme at the qualifying time object to the variation.

(5) If the changes (as modified) relate to the variation of two or more partnership schemes at the same time, sub-paragraph (4)(b) has effect as if the references to the scheme were references to the scheme in question.

Making the variation and giving notice to that effect S

18 (1) This paragraph applies where a local transport authority— S

(a) have consulted on changes prepared under paragraph 13,

(b) if applicable, are not prevented from making the changes (as modified) under paragraph 17, and

(c) decide to vary the partnership plan or scheme by making the changes (or the changes as modified).

(2) The local transport authority may proceed to vary the partnership plan or scheme (or schemes) by making the changes.

(3) But the variation does not have effect unless, within the period of 14 days beginning with the day after the day on which the local transport authority vary a partnership plan or scheme (or schemes), the authority give notice of the variation to—

(a) all operators of local services who, in the opinion of the authority, are likely to be affected by the plan or scheme having been varied,

(b) such organisations appearing to the authority to be representative of users of local services as they think fit,

(c) any other local transport authority or Transport Partnership that the authority consider may be affected by the plan or scheme having been varied,

(d) the traffic commissioner,

(e) the chief constable of the Police Service of Scotland,

(f) the Competition and Markets Authority, and

(g) such other persons as the authority think fit.

(4) The notice must—

(a) contain full details of the partnership plan or scheme as varied, or

(b) state where such details may be inspected.

Consulting on postponing the coming into operation of variation S

19 S Where a local transport authority propose to postpone the coming into operation of the variation of a partnership scheme (or any part of it), before making a decision on whether or not to do so, they must consult all operators of local services who are, in their opinion, likely to be affected by the postponement.

Postponing the coming into operation of variation and giving notice to that effect S

20 (1) This paragraph applies where a local transport authority— S

(a) have consulted on postponing the coming into operation of a variation of a partnership scheme (or any part of it), and

(b) have decided to postpone the variation.

(2) The local transport authority may proceed to postpone the coming into operation of a variation of a partnership scheme (or any part of it).

(3) But the postponement does not have effect unless, within the period of 14 days beginning with the day after the day on which the local transport authority decide to postpone the coming into operation of the variation of a partnership scheme (or any part of it), the authority—

(a) publicise their decision in a manner they consider likely to bring the postponement to the attention of persons likely to be affected by the postponement, and

(b) give notice of their decision to—

(i) any operator of a local service who is, in the opinion of the authority, likely to be affected by the postponement, and

(ii) the traffic commissioner.

(4) The notice must include a statement of the local transport authority's reasons for deciding to postpone the coming into operation of the variation of a partnership scheme (or any part of it).]