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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)

Local transport plans and bus strategiesE+W

109[F1Further provision about plans: England]E+W

(1)A local transport authority [F2whose area is in England] must keep their local transport plan under review and alter it if they consider it appropriate to do so.

(2)The authority must replace the plan not later than five years after the date on which it was made.

[F3(2A)In preparing their local transport plan, and in keeping it under review, an authority other than an Integrated Transport Authority must consult—

(a)the Secretary of State in relation to functions which the Secretary of State has—

(i)as highway authority by virtue of section 1 of the Highways Act 1980, or

(ii)as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984,

(b)if the local transport authority is a county council, the councils of the districts in the county (if any).

(2B)In preparing their local transport plan, and in keeping it under review, an Integrated Transport Authority must consult—

(a)each local traffic authority (within the meaning of the Road Traffic Regulation Act 1984) for any area within the integrated transport area of the Integrated Transport Authority,

(b)the Secretary of State in relation to functions which the Secretary of State has—

(i)as highway authority by virtue of section 1 of the Highways Act 1980, or

(ii)as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984,

(c)each county council and each district council for any area within the integrated transport area of the Integrated Transport Authority.

(2C)In preparing their local transport plan, and in keeping it under review, the authority must consult such of the following persons as they consider appropriate—

(a)operators of any network or station, or of any railway services, in their area;

(b)operators or providers of other transport services in their area, or organisations appearing to the authority to be representative of the interests of such persons;

(c)organisations appearing to the authority to be representative of the interests of users of transport services and facilities in their area;

and must also consult any other persons whom they consider appropriate.

(2D)Any expression which is used in subsection (2C)(a) or (b) and in Part 1 of the Railways Act 1993 has the meaning given in that Part, taking “railway” to have its wider meaning (see section 81 of that Act).]

(3)As soon as practicable after any occasion when they prepare a new plan or alter their plan, the authority must—

(a)publish the plan or the plan as altered in such manner as they think fit, and

(b)send a copy of it to the Secretary of State F4... and to such other persons (if any) as may be specified in guidance under section 112(1).

(4)The authority must also—

(a)cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit,

(b)give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and

(c)supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

(5)[F5Where a local transport authority [F6whose area is in England] have, before the coming into force of section 108, prepared and published a document which—

(a)contains policies developed by them for the purposes described in subsection (1)(a) of that section, and

(b)was prepared and published in accordance with guidance issued by the Secretary of State F7... ,

that document shall be taken to be the authority’s local transport plan.]

(6)[F5But, in the case of a document which is a local transport plan by virtue of subsection (5), subsection (2) requires its replacement [F8not later than 31st March 2006 (rather than not later than five years after the date on which it was made).]]

Textual Amendments

F3S. 109(2A)-(2D) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 9(4), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)

F4Words in s. 109(3)(b) omitted (26.5.2006) by virtue of Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(4); S.I. 2006/1403, art. 2(2)(c)

F7Words in s. 109(5) omitted (26.5.2006) by virtue of Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(5)(b); S.I. 2006/1403, art. 2(2)(c)

F8Words in s. 109(6) substituted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(6); S.I. 2006/1403, art. 2(2)(c)

Modifications etc. (not altering text)

Commencement Information

I1S. 109 wholly in force at 1.8.2001; s. 109 not in force at Royal Assent see s. 275(1)(2); s. 109 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 109 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 1