The Advanced Quality Partnership Schemes (Existing Facilities) (England) Regulations 2018

• Citation: S.I. 2018/22
• Sections: 5

Section 1 Citation and commencement

(1) These Regulations may be cited as the Advanced Quality Partnership Schemes (Existing Facilities) (England) Regulations 2018.

(2) These Regulations come into force on 8th February 2018.

Section 2 Interpretation

In these Regulations—

“the 2000 Act” means the Transport Act 2000; and

“scheme” means an advanced quality partnership scheme .

Section 3 Specification of existing facilities

An existing facility which was first provided more than five years before the date on which notice is given under section 113G(1) of the 2000 Act must not be specified in a scheme if—

(a) an operator of local services consulted under section 113G(3)(a) of the 2000 Act objects to it being specified by making an objection in accordance with regulation 4(1); and

(b) that objection is not withdrawn in accordance with regulation 4(2).

Section 4 Objections

(1) An objection referred to in regulation 3 must—

(a) be made in writing;

(b) be served on—

(i) the local transport authority which gave the notice under section 113G(1) of the 2000 Act; or

(ii) where two or more authorities propose to make the scheme, either the authority specified in the notice under section 113G(1) of the 2000 Act as the authority on which objections are to be served or, where no such authority is specified, on any one of them; and

(c) be served within the period specified in the notice under section 113G(1) of the 2000 Act.

(2) Any objection made under regulation 3 may be withdrawn by notice in writing served on the local transport authority or authorities upon whom the objection was served in accordance with paragraph (1).

Section 5 Notice of the proposed scheme

Where notice is given under section 113G of the 2000 Act in relation to a proposed scheme which specifies one or more existing facilities, section 113G is modified so that the notice to be given under that section must, in addition to the requirements set out in subsection (2) of that section—

(a) state when the local transport authority or authorities believe that each such facility was first provided, and where two or more authorities propose to make the scheme then the authority in whose area the existing facility is situated must be responsible for making that statement; and

(b) specify the period within which any operator of local services who is consulted under section 113G(3)(a) of the 2000 Act may make an objection to the specifying of an existing facility, such period being not less than 42 days from the date on which the notice is given.