118 Effect of scheme.E+W
[F1(1)The authority or authorities must—
(a)provide each of the specified facilities not later than the date specified for its provision under the scheme, and
(b)continue to provide it throughout the remainder of the period for which the scheme is in operation.]
(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.
(3)Nor does it apply in the case of the Secretary of State or the National Assembly for Wales if he or it is unable to provide the facilities owing to the variation or revocation of a traffic regulation order.
(4)The operator of a local service may not use facilities provided under a quality partnership scheme unless—
(a)he has given a written undertaking to [F2a traffic commissioner] [F3that, when using the facilities on any date, he will provide the service to the standard specified in the scheme as it has effect in relation to that date], and
(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.
(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 116(3).
(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 M1Transport Act 1985 (registration of local services) of the service concerned.
Textual Amendments
F1S. 118(1) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 17(2), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
F2Words in s. 118(4)(a) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)
F3Words in s. 118(4)(a) substituted (6.4.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), ss. 17(3), 134(4); S.I. 2009/107, art. 4(2), Sch. 5; S.I. 2009/3294, art. 2(b)
Modifications etc. (not altering text)
C1Pt. 2: functions made exercisable (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(1)
C2Ss. 113C-123: functions transferred (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2) (with reg. 15(5))
Commencement Information
I1S. 118 wholly in force at 26.10.2001; s. 118 not in force at Royal Assent see s. 275(1)(2); s. 118 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1; s. 118 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.
Marginal Citations