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Part IIE+W Local transport

Modifications etc. (not altering text)

C1Pt. 2: power to amend conferred (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 9(1)(2), 10(1)(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)

C4Pt. 2: delegation of functions (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(b)

C5Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8

C6Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(1)

[F1Bus services: franchising schemesE+W

Textual Amendments

F1Ss. 123A-123X and cross-heading inserted (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)

123MVariation of schemeE+W

(1)The franchising authority or authorities operating a franchising scheme may vary, or acting jointly may vary, the scheme.

(2)If the authority or authorities decide to vary a franchising scheme, the authority or authorities must—

(a)publish a notice of the decision, and

(b)give notice of the decision to a traffic commissioner.

(3)The notice of the decision must state the date on which the variations of the scheme are to have effect.

(4)The date must fall after a period of six months beginning with the date on which notice of the decision is published.

(5)The notice must be published, and notice must be given to a traffic commissioner, within a period of 14 days beginning with the date on which the decision was made.

(6)If a franchising authority are a mayoral combined authority, the function of deciding whether to make a proposed variation is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to act jointly to vary a scheme).

[F2(6A)If a franchising authority are a mayoral CCA, the function of deciding whether to make a proposed variation is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority (including in a case where the decision is to act jointly to vary a scheme).]

(7)The references in subsections (1) to (6) to the franchising authority or authorities in relation to a franchising scheme include a reference to a franchising authority who are not operating the scheme but would do so under a proposed variation.

(8)The variation of a franchising scheme is subject to the same procedure as the making of a franchising scheme, except that—

(a)the procedure may be modified or excluded in its application to the variation of a scheme by regulations under section 123U,

(b)sections 123B, 123C, 123D and 123F(2) do not apply, and

(c)section 123G(3) does not apply.

(9)If the variation of a franchising scheme would involve adding an area to the area to which the scheme relates, subsection (8) has effect in relation to the variation but without subsection (8)(b).]

Textual Amendments

Modifications etc. (not altering text)