Transport Act 1985

[F1 6G Traffic commissioner functions where an enhanced partnership scheme in operation E+W

(1) This section applies where notice of—

(a) the making of an enhanced partnership scheme under section 138A of the Transport Act 2000, or

(b) the varying of an enhanced partnership scheme,

is given to a traffic commissioner under section 138G(5) or 138M(6) of the Transport Act 2000 by a local transport authority or authorities.

(2) The authority or authorities must also notify the traffic commissioner—

(a) whether or not the scheme, or the scheme as varied, specifies a route requirement, and

(b) in relation to each route requirement specified, whether or not it relates to—

(i) a particular service that only has stopping places in the area to which the scheme relates,

(ii) particular services at least one of which is such a service, or

(iii) a particular description of services which includes or is capable of including such a service.

(3) In a case where the scheme, or the scheme as varied, relates to the whole or part of the combined area of two or more local transport authorities, the notification under subsection (2) must also state which of the authorities is the lead authority.

(4) If the scheme, or the scheme as varied, specifies a route requirement that relates to a particular service that only has stopping places in the area to which the scheme relates, particular services at least one of which is such a service or a particular description of services which includes or is capable of including such a service—

(a) a traffic commissioner must delegate the relevant registration functions as regards services that only have stopping places in that area to the authority or the lead authority (as the case may be), and

(b) the authority or the lead authority (as the case may be) must carry them out.

(5) A delegation under subsection (4) has effect—

(a) when the scheme comes into operation, or

(b) when the variation of the scheme takes effect (as the case may be).

(6) If subsection (4) does not apply, the authority or the lead authority (as the case may be)—

(a) may elect to carry out the relevant registration functions as regards services that only have stopping places in the area to which the scheme relates as from a particular time, and

(b) if that election is made, must notify a traffic commissioner of that election and the time selected.

(7) If notification is given under subsection (6), a traffic commissioner must delegate the relevant registration functions to—

(a) the authority, or

(b) the lead authority (as the case may be);

and the authority or the lead authority (as the case may be) must carry them out.

(8) A delegation under subsection (4) or (7) may come to end only when the scheme in question ceases to operate.

(9) Regulations may be made for the purpose of carrying this section into effect.

(10) In this section—

• “local transport authority” has the meaning given in section 108(4) of the Transport Act 2000;

• “the relevant registration functions”, in relation to an enhanced partnership scheme, means the functions of a traffic commissioner under sections 6, 6D and 6E of this Act so far as relating to—

  (a)

  in the case of functions relating to the variation of registration, services that would be relevant services if varied as proposed, or

  (b)

  in the case of any other function, relevant services;

• “relevant service”, in relation to an enhanced partnership scheme, means a local service that only has stopping places in the area to which the scheme relates;

• “route requirement” has the same meaning as in section 6D.]

Textual Amendments

F1 S. 6G inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 14(2), 26(3)

Modifications etc. (not altering text)

C1 Ss. 6-9 excluded by 2000 c. 38, s. 123J(2) (as inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 4, 26(3)) (with transitional provisions (24.4.2018) in S.I. 2018/406, regs. 1(2), 4-8 (with reg. 1(3)))

C2 Ss. 6-9 excluded (S.) (4.12.2023) by 2001 asp 2, s. 13B(1)(a) (as substituted by Transport (Scotland) Act 2019 (asp 17), ss. 38(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.)