18Regulations about schemes which specify frequencies, timings or faresE+W
(1)Section 122 of the TA 2000 (regulations about schemes) is amended as follows.
(2)In subsection (1) after paragraph (a) insert—
“(aa)the content or operation of schemes which include a requirement falling within section 114(6)(b) or (6A),”.
(3)After subsection (2) insert—
“(3)As regards schemes which include any requirement mentioned in section 114(6)(b) or (6A), regulations under subsection (1)(a) or (aa) may in particular make provision—
(a)for section 114(6B) not to apply in such circumstances as may be prescribed,
(b)requiring such schemes to include provision falling within subsection (4),
(c)for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators,
(d)in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 117, for any such requirement not to take effect unless prescribed conditions are satisfied,
(e)as to the meaning of “admissible objection” for the purposes of section 114(6B) and paragraph (c) of this subsection,
(f)as to the meaning of “relevant operator” for those purposes,
(g)as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator.
(4)The provision referred to in subsection (3)(b) is provision—
(a)as respects the setting of frequencies, timings or maximum fares to which the requirements relate,
(b)for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed,
(c)for a maximum interval before any such requirements must next be reviewed,
(d)as respects other circumstances in which any such requirements must or may be reviewed,
(e)as respects revision of any such requirements after a review.
(5)Subsections (3)(b) and (4) have effect subject to, and in accordance with, the following provisions—
(a)the revision of requirements as to frequencies, timings or maximum fares under any provision made in accordance with those subsections is not to be regarded as a variation of the scheme for the purposes of section 120 (variation or revocation of scheme), but
(b)nothing in those subsections or in paragraph (a) of this subsection shall be taken to derogate from what may be done under or by virtue of that section.
(6)The provision that may be made by virtue of subsection (3)(g) includes provision for and in connection with—
(a)the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph;
(b)the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination;
(c)the payment—
(i)by the appropriate national authority to an adjudicator, or
(ii)by the appropriate national authority or an adjudicator to an assessor,
of such remuneration as may be determined by or in accordance with the regulations.”.
Commencement Information
I1S. 18 in force at 6.4.2009 for E. by S.I. 2009/107, art. 4(2), Sch. 5
I2S. 18 in force at 31.1.2010 for W. by S.I. 2009/3294, art. 2(b)