Citation, commencement and extent

1. —(1) These Regulations may be cited as the Quality Partnership Schemes (Existing Facilities) Regulations 2001 and shall come into force on 26th October 2001.

(2) These Regulations extend to England only.

Interpretation

2. In these Regulations—

“the Act” means the Transport Act 2000; and

“scheme” means a quality partnership scheme.

Specification of existing facilities

3. —(1) An existing facility may not be specified in a scheme if that facility was first provided before the beginning of a period of ten years ending on the date on which notice is given under section 115(1) of the Act.

(2) An existing facility which was first provided before the beginning of a period of five years ending on the date on which notice is given under section 115(1) of the Act may not be specified in a scheme if any person who, on that date, relies upon that facility in the provision of a local service has objected to it being specified, and that objection has not been withdrawn.

Objections

4. —(1) Any objection given pursuant to regulation 3(2) must be made in writing and served on—

(a) the local transport authority giving the notice under section 115(1), or

(b) where two or more authorities propose to make the scheme, either the authority specified in the notice for that purpose or (where no such authority is specified) on any one of them.

(2) Any objection given pursuant to regulation 3(2) may be withdrawn by notice in writing served on the authority upon whom the objection was served pursuant to regulation 4(1).

(3) The scheme shall state that no objection to the specifying of an existing facility has been received and not withdrawn.

5. Section 115 of the Act shall apply, in relation to proposed schemes which specify existing facilities, as if after subsection (4) there is inserted—

“ (5) Where the proposed scheme specifies one or more existing facilities, the authority shall, in the notice given under subsection (1)—

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

(b) specify the date by which an objection to the specifying of an existing facility must be made, such date to be not less than 42 days from the date on which the notice is published. ”