text:
Citation, commencement and application
1
1
These Regulations may be cited as the Quality Contracts Schemes (Tendering Requirements) (England) Regulations 2009 and come into force on 11th January 2010.
2
These Regulations apply as respects schemes which relate to areas in England only .
Interpretation
2
In these Regulations —
“ the Act ” means the Transport Act 2000;
“the 1985 Act ” means the Transport Act 1985 ;
“ authority ” means a local transport authority in England or, where that authority is an Integrated Transport Authority, it means the Passenger Transport Executive for the relevant integrated transport area ; and
“scheme” means a quality contracts scheme .
Agreements to which section 89(1) of the 1985 Act does not apply
3
1
Section 89(1) of the 1985 Act (obligation to invite tenders for subsidised services) does not apply to an agreement providing for service subsidies made by an authority in the circumstances described in paragraph (2).
2
The circumstances are that —
a
a scheme has been made, under which local services the same as or similar to those specified in an agreement providing for service subsidies would, on the coming into force of the relevant part of the scheme, be required to be provided under a quality contract;
b
a local service provided under an agreement described in sub-paragraph (a) is due, in accordance with the terms of the agreement, to cease to operate no more than twelve months before the coming into force of the relevant quality contract;
c
the authority is of the opinion that it is necessary to enter into a further agreement providing for service subsidies in order to secure the provision of a local service to replace the service described in sub-paragraph (b);
d
section 89(1) of the 1985 Act would, but for this regulation, apply to the agreement providing for service subsidies described in sub-paragraph (c); and
e
the authority is of the opinion that, in the particular circumstances of the case, making an agreement providing for service subsidies without satisfying the requirement specified in section 89(1) of the 1985 Act is the most economic, efficient and effective way to secure the service to be provided under the agreement.
3
For the purposes of this regulation an agreement providing for service subsidies is an agreement under which a person undertakes to provide a local service on terms which include provision for the making of payments to that person by the authority.
Agreements to which section 91(3) and (4) of the 1985 Act does not apply
4
1
Section 91(3) (duty to invite tenders following making of emergency service subsidy agreement) and section 91(4) of the 1985 Act (limit on duration of emergency service subsidy agreement) do not apply to an emergency service subsidy agreement made by an authority in the circumstances described in paragraph (2).
2
The circumstances are that —
a
a scheme has been made, under which local services the same as or similar to those specified in the emergency service subsidy agreement would, on the coming into force of the relevant part of the scheme, be required to be provided under a quality contract;
b
the scheme or (in the case of a scheme which provides for different provisions to come into operation on different dates) the provision of the scheme which would require the services described in sub-paragraph (a) to be provided under a quality contract is due to come into force not later than twelve months after the date on which services are first provided under the emergency service subsidy agreement; and
c
the authority is of the opinion that, in the particular circumstances of the case, making an emergency service subsidy agreement without satisfying the requirements specified in section 91(3) and (4) of the 1985 Act is the most economic, efficient and effective way to secure the services to be provided under that agreement.
3
For the purposes of this regulation “emergency service subsidy agreement” means an agreement under which a person undertakes to provide a local service on terms which include provision for the making of payments to that person by the authority and to which, by virtue of section 91(2) of the 1985 Act (exceptions from section 89(1)), section 89(1) of that Act does not apply .
Further exception from requirement to tender for quality contracts
5
1
Section 130 of the Act does not apply in any case where the authority or authorities have issued invitations to tender in accordance with section 130 of the Act (tendering for quality contracts) and either no tender, or no acceptable tender, is submitted in response to the invitation.
2
The maximum duration of a quality contract entered into in the circumstances described in paragraph (1) is two years, commencing with the day on which services are first provided under the quality contract.
Quality contracts entered into without inviting tenders
6
1
If an authority or authorities enter into a quality contract without inviting tenders under section 130 of the Act, in the circumstances described in section 131(1) of the Act, the authority or authorities must invite tenders in accordance with section 130 of the Act for the provision of the services to which the quality contract relates as soon as reasonably practicable after the contract is entered into.
2
The maximum duration of a quality contract entered into without inviting tenders under section 130 of the Act, in the circumstances described in section 131(1) of the Act (exceptions from section 130), is twelve months commencing with the day on which services are first provided under the quality contract.
Publication of information about tenders and quality contracts
7
1
If an authority or authorities enter into a quality contract by accepting a tender invited in accordance with section 130 of the Act the authority or authorities must publish, in the manner prescribed in regulation 8, the information specified in Part 1 of the Schedule.
2
If an authority or authorities enter into a quality contract without inviting tenders in accordance with section 130 of the Act in the circumstances described in section 131(1) of the Act the authority or authorities must publish, in the manner prescribed in regulation 8, the information specified in Part 2 of the Schedule.
3
If an authority or authorities enter into a quality contract without accepting a tender invited in accordance with section 130 of the Act in the circumstances described in regulation 5 the authority or authorities must publish, in the manner prescribed in regulation 8, the information specified in paragraph (4) or, as the case may be, paragraph (5).
4
Where no tender was submitted, the information is —
a
a statement that no tender was submitted; and
b
the information specified in Part 2 of the Schedule.
5
Where no acceptable tender was submitted, the information is —
a
the information specified in Parts 2 and 3 of the Schedule; and
b
a statement of the reasons why the authority or authorities considered the tenders submitted to be unacceptable.
6
If an authority or authorities, having issued invitations to tender in accordance with section 130 of the Act, do not enter into a quality contract the authority or authorities must publish, in the manner prescribed in regulation 8, the information specified in paragraph (7) or, as the case may be, paragraph (8).
7
Where no tender was submitted, the information is a statement of that fact.
8
Where no acceptable tender was submitted, the information is —
a
the information specified in Part 3 of the Schedule; and
b
a statement of the reasons why the authority or authorities considered the tenders submitted to be unacceptable.
Manner of publication of information
8
In fulfilling the obligations prescribed in regulation 7 the authority or authorities must —
a
publish the information in such manner as appears to the authority or authorities to be convenient to operators of local services and other interested parties; and
b
give notice in at least one newspaper circulating in the area or areas to which the scheme relates of the availability of the information and where or how it may be inspected or obtained.
European procurement regulations
9
Nothing in these Regulations affects any obligations arising under or pursuant to the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006 .
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
7th December 2009


type: legislation

jurisdiction: UK

text:
Title, application and commencement
1
These Regulations may be cited as the Purity Criteria for Colours, Sweeteners and Miscellaneous Food Additives (England) Regulations 2009. They apply in relation to England only and come into force on 25th May 2009.
Amendment of the Colours in Food Regulations 1995
2
1
The Colours in Food Regulations 1995 are amended in accordance with paragraph (2).
2
In regulation 2(1) (interpretation) —
a
omit the definition of “Directive 95/45/EC ” and substitute in its place the following definition —
“Directive 2008/128/EC ” means Commission Directive 2008/128/EC laying down specific purity criteria concerning colours for use in foodstuffs ;
;
b
in the definition of “permitted colour”, for the expression “the annex to Directive 95/45/EC ” substitute the expression “Annex I to Directive 2008/128/EC ”.
Amendment of the Sweeteners in Food Regulations 1995
3
1
The Sweeteners in Food Regulations 1995 are amended in accordance with paragraph (2).
2
In regulation 2(1) (interpretation) —
a
omit the definition of “Directive 95/31/EC ” and substitute in its place the following definition —
”Directive 2008/60/EC ” means Commission Directive 2008/60/EC laying down specific purity criteria concerning sweeteners for use in foodstuffs ;
;
b
in the definition of “permitted sweetener”, for the expression “the annex to Directive 95/31/EC ” substitute the expression “Annex I to Directive 2008/60/EC ”.
Amendment of the Miscellaneous Food Additives Regulations 1995
4
1
The Miscellaneous Food Additives Regulations 1995 are amended in accordance with paragraph (2).
2
In regulation 2(1) (interpretation) —
a
omit the definition of “Directive 96/77/EC ” and substitute in its place the following definition —
”Directive 2008/84/EC ” means Commission Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners as that Directive was before the amendments made by Commission Directive 2009/10/EC ;
;
b
in the definition of “purity criteria”, in sub-paragraph (a) for the expression “the Annex to Directive 96/77/EC ” substitute “Annex I to Directive 2008/84/EC ”.
Signed by authority of the Secretary of State
Dawn Primarolo
Minister of State
Department of Health
2nd April 2009


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Health Protection (Vaccination) Regulations 2009 and shall come in to force on 1st April 2009.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“ JCVI ” means the Joint Committee on Vaccination and Immunisation ;
“national vaccination programme” means a scheme which aims to vaccinate all individuals in England who meet specified criteria to protect them against a particular infection or infections, with a view to preventing the occurrence of that infection or those infections;
“Primary Care Trust” means a Primary Care Trust continued in existence by subsection (1) of section 18 of the National Health Service Act 2006 or established under subsection (2) of that section; and
“vaccination” means vaccination or immunisation and vaccinate shall be construed accordingly.
Obligation on the Secretary of State to ensure implementation of JCVI recommendations
2
1
This regulation applies where the JCVI makes a recommendation which meets the conditions set out in paragraph (2).
2
Those conditions are that the recommendation must —
a
relate to new provision for vaccination under a national vaccination programme or to changes to existing provision under such a programme;
b
be made by the JCVI (and not therefore a sub-committee of the JCVI);
c
be in response to a question referred to the JCVI by the Secretary of State;
d
be based on an assessment which demonstrates cost-effectiveness; and
e
not relate to vaccination in respect of travel or occupational health.
3
The Secretary of State must make arrangements to ensure, so far as is reasonably practicable, that the recommendation of the JCVI is implemented.
4
Paragraph (3) ceases to apply in relation to a recommendation where the JCVI withdraws that recommendation.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
15th January 2009


text:
This Order may be cited as the General Osteopathic Council (Constitution of the Statutory Committees) Rules Order of Council 2009 and comes into force on 1st April 2009.
Judith Simpson
Clerk of the Privy Council


text:
PART 1 PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Local Government (Structural Changes) (Further Transitional Arrangements and Staffing) Regulations 2009 and shall come into force on 31st March 2009.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Local Government Act 2000 ;
“the 2003 Act ” means the Local Government Act 2003 ;
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“predecessor council” means a local authority which, by or in consequence of an order under section 7 of the 2007 Act, will cease to exist on the reorganisation date;
“reorganisation date”, means the date specified in an order under section 7 of the 2007 Act as that on which a structural change comes into effect;
“single tier council” means a local authority which on and after the reorganisation date is the sole principal authority for an area.
2
For the purposes of these Regulations —
a
a single tier council and a predecessor council are related if on the reorganisation date the area of the single tier council includes that of the predecessor council;
b
where on the reorganisation date the area of a predecessor council comprises the areas of two or more single tier councils taken together, both or all of those single tier councils and the predecessor council are related.
PART 2 CONTINUITY AND LOCAL AUTHORITY CATEGORISATION
Continuity
3
1
In this regulation, “the 2008 Regulations ” means the Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 .
2
Regulation 4 of the 2008 Regulations (continuity) shall not apply to —
a
the categorisation of a predecessor council under section 99(4) of the 2003 Act (categorisation of English local authorities by reference to performance); or
b
anything which a predecessor council is entitled to do or is exempted from doing by virtue of its categorisation.
3
Nothing in paragraph (2) affects an entitlement or exemption of a single tier council in right of its own categorisation, or as otherwise provided in this Part or in other regulations under section 14 of the 2007 Act.
4
A home energy conservation report prepared under section 2 of the Home Energy Conservation Act 1995 shall be treated for the purposes of regulation 14 of the 2008 Regulations (continuity in relation to other plans, schemes, statements and strategies) as if it were a plan to which paragraph (1) of that regulation applies.
Preparation of reports and plans: end of exemption
4
1
This regulation applies where a single tier council is under a duty to prepare and publish —
a
a home energy conservation report under section 2 of the Home Energy Conservation Act 1995;
b
a rights of way improvement plan under section 60 of the Countryside and Rights of Way Act 2000 ; or
c
an air quality action plan under section 84(2)(b) of the Environment Act 1995 ,
which any one of its related predecessor councils did not prepare and publish because, by virtue of the Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005 , it was not required to do so.
2
Where the duty arises in relation to a home energy conservation report or an air quality action plan, the single tier council must prepare and publish the report or plan for the whole of its area within 12 months of the reorganisation date.
3
Where the duty arises in relation to a rights of way improvement plan, the single tier council must prepare and publish the plan for the whole of its area within 24 months of the reorganisation date.
Fixed penalty receipts and trading
5
1
This regulation applies to a single tier council which has not been categorised under section 99(4) of the 2003 Act.
2
Where, by virtue of regulations under section 96 of the Clean Neighbourhoods and Environment Act 2005 (use of fixed penalty receipts: higher tier authorities), any of a single tier council’s related predecessor councils was permitted to use its fixed penalty receipts for the purposes of any of its functions, the single tier council may use its fixed penalty receipts for the purposes of any of its functions for the period of 12 months beginning on the reorganisation date.
3
Where any of a single tier council’s related predecessor councils was authorised under section 95 of the 2003 Act (power to trade in function-related activities through a company) to do things for a commercial purpose, the single tier council may, for the period of 24 months beginning on the reorganisation date, do for a commercial purpose anything which it is authorised to do in the exercise of any of its functions, other than functions under that section, as if it were authorised to do so under that section.
4
In this regulation, “fixed penalty receipts” means amounts to which section 96 of the Clean Neighbourhoods and Environment Act 2005 applies that are paid to a single tier council or any related predecessor council.
PART 3 CODE OF CONDUCT MATTERS
Councillors’ conduct: functions of monitoring officers, standards committees and single tier councils
6
1
This regulation applies where, on the day before the reorganisation date, steps remain to be taken under the 2000 Act by the monitoring officer or standards committee of a predecessor council in relation to any written allegation pursuant to section 58 of the 2000 Act (written allegations) received by the Standards Board for England before 8th May 2008.
2
The monitoring officer of the predecessor council must provide the monitoring officer of a related single tier council (the “related monitoring officer”) with —
a
a copy of the allegation,
b
a summary of the steps taken by the predecessor council in relation to the allegation,
c
every other document relevant to the allegation, and
d
such other information relating to the allegation as the related monitoring officer may require.
3
On receipt of a copy of an allegation, the related monitoring officer must notify —
a
the Standards Board for England,
b
the person who made the allegation,
c
the subject of the allegation, and
d
any parish council concerned,
of its receipt.
4
On and after the reorganisation date —
a
the single tier council to whose related monitoring officer a copy of an allegation has been provided in accordance with paragraph (2)(a) shall be the relevant authority in relation to the allegation for the purposes of the 2000 Act and the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 (“the 2003 Regulations ”); and
b
the related monitoring officer shall be the monitoring officer in relation to the allegation for those purposes,
and, so far as is necessary for the purpose of giving effect to the 2000 Act and the 2003 Regulations, references in that Act and those Regulations to the relevant authority shall include references to the single tier council and its related predecessor councils.
PART 4 PORT HEALTH AUTHORITIES
Staffing
7
1
Notwithstanding regulation 3(5) of the TUPE Regulations , the transfer of port health authority functions by or in consequence of a structural change made by a section 7 order —
a
from a predecessor council to a single tier council; or
b
from a joint board to a single tier council,
shall be treated for all purposes as a relevant transfer within the meaning of the TUPE Regulations, whether or not, apart from this provision, those Regulations would otherwise apply.
2
In this regulation —
“joint board” means a board constituted as a port health authority under section 2 of the Public Health (Control of Disease) Act 1984 or section 2 of the Public Health Act 1936 ;
“port health authority functions” means any functions exercised by a local authority or by a joint board by virtue of being constituted as a port health authority under those Acts; and
“the TUPE Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 .
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
4th March 2009


text:
Title and commencement
1
These Regulations may be cited as the Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009 and come into force on 30th June 2009.
Amendments
2
The Products of Animal Origin (Disease Control) (England) Regulations 2008 are amended as set out in these Regulations.
3
In regulation 2 (Interpretation: general) —
a
insert, after the definition of “disease legislation” —
“domestic market” is the market for the sale of poultry meat in England, Scotland, Wales and Northern Ireland;
;
b
omit the definition of “relevant date”;
c
before the definition of “slaughter” insert —
“seropositive pig” means a pig that is not a restricted animal but is required by the Secretary of State to be slaughtered in a slaughterhouse due to antibodies against swine vesicular disease virus being identified in that pig;
“seropositive pig meat” is meat derived from a seropositive pig which —
is not restricted meat, and
has not been treated in accordance with Schedule 2 at a designated treatment centre;
.
4
In regulation 3 (Restricted animal, restricted poultry and restricted meat: definitions) —
a
for paragraph (8) substitute —
8
Subject to paragraph (9)“restricted meat” is meat —
a
produced on or after the date that the protected zone or surveillance zone was declared, or an earlier date where the Secretary of State specifies such a date for the purpose of disease control;
b
from a restricted animal or restricted poultry from an infected area, a protection zone or a surveillance zone; and
c
includes meat that has come into contact with such meat.
;
b
after paragraph (8) insert —
9
Where restricted meat has been treated in accordance with Schedule 2 at a treatment centre it ceases to be regarded as restricted meat.
.
5
In regulation 7 (Meat from suspect or infected premises) insert after paragraph (3) —
4
In this regulation “relevant date” means the date the suspect premises or infected premises became subject to disease restrictions, or any earlier date where the Secretary of State specifies such a date for disease control purposes.
.
6
In regulation 9 (Prohibition on supply and export of meat) —
a
in paragraph (1) —
i
omit the word “or” immediately preceding sub-paragraph (b);
ii
at the end of sub-paragraph (b), omit the full stop and add —
; or
c
export seropositive pig meat.
;
b
for paragraph (2) substitute —
2
The prohibition in paragraph 1(a) does not apply to restricted meat from restricted poultry intended for supply on the domestic market.
c
omit paragraph (3).
7
In regulation 10 (Slaughterhouses) —
a
in paragraph (1) after the word “animals” insert “, seropositive pigs”;
b
in paragraph (2) after sub-paragraph (d) omit the full stop and insert —
;
e
seropositive pigs are kept separately from other pigs; and
f
seropositive pigs are slaughtered separately from other pigs.
;
c
after paragraph (5) insert —
6
Where the occupier of a slaughterhouse has not complied with the requirements of paragraph (2)(e) or (2)(f) on being given notice by a veterinary inspector, those other pigs must be dealt with by the occupier as seropositive pigs.
7
The occupier of a slaughterhouse may only receive restricted meat if it is a designated slaughterhouse
.
8
In regulation 12 (Receipt and possession of restricted meat) —
a
in paragraph (1) omit the two references to the words “or establishment” on both occasions that they occur;
b
after paragraph (2) insert —
3
Paragraph (1) does not apply when the restricted meat is from restricted poultry intended only for supply on the domestic market.
.
9
In regulation 13 (Marking of meat) in paragraphs (1), (2) and (3) after the word “meat” in each of those paragraphs insert “or seropositive pig meat”.
10
For regulation 14 (Movement of restricted meat) substitute —
14
1
No person may transport or arrange for the transport of restricted meat to premises or an establishment unless those premises or that establishment is designated.
2
Paragraph (1) does not apply when the restricted meat is from restricted poultry intended only for supply on the domestic market.
.
11
In regulation 15 (Record keeping) —
a
in paragraph (1) after the word “animal” insert “, seropositive pig”;
b
for paragraph (1)(a) substitute —
a
the number and type of restricted animals, seropositive pigs or restricted poultry slaughtered;
;
c
in paragraph (2) after “restricted meat” insert “or seropositive pig meat”;
d
in sub-paragraphs (a) and (c) of paragraph (2) for the word “restricted” substitute “such”;
e
for sub-paragraph (e) of paragraph (2) substitute —
e
the quantity of such meat that is no longer intended for human consumption.
;
f
after paragraph (2) insert —
2A
Paragraph (2) does not apply to any wholesale distributor, retail distributor, retailer or consumer when —
a
the restricted meat is from restricted poultry intended only for supply on the domestic market; or
b
the meat is seropositive pig meat.
.
12
In Schedule 3 (Special identification mark) insert after paragraph 3 —
3A
Seropositive pig meat must contain an identification mark such that the numbering and lettering are set within a circle which is legible, indelible with characters that are decipherable and include the capital letters “ UK ” followed by the approval number of the establishment.
.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
18th May 2009


text:
PART 1 GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Quality Contracts Schemes) (England and Wales) Regulations 2009.
2
These Regulations come into force —
a
as respects England, on 11th January 2010; and
b
as respects Wales, on the date appointed by the Welsh Ministers for the coming into force in Wales of section 127 of the Transport Act 2000 (in so far as it is not already in force).
3
These Regulations extend to England and Wales .
Interpretation
2
1
In these Regulations —
“the 1985 Act ” means the Transport Act 1985;
“the 2000 Act ” means the Transport Act 2000 ;
“quality contract” has the meaning given in section 124(4) of the 2000 Act;
“scheme” means a quality contracts scheme, as defined in section 124(3) of the 2000 Act ;
“transitional period” means, in relation to any scheme or (in the case of a scheme which provides for different provisions to come into operation on different dates) any provision of a scheme, the period commencing on the date on which the scheme is made under section 127 of the 2000 Act (making of scheme) and ending on the date on which, on the coming into force of a quality contract, a person would be required by virtue of section 129(1)(b) of the 2000 Act (prohibition on provision of local services other than under a quality contract) to cease providing a local service.
2
Any period of days prescribed in these Regulations is to be calculated excluding any day which is Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
PART 2 REGISTRATION DURING TRANSITIONAL PERIOD
Applications to which this Part applies
3
1
This Part applies to any application —
a
to register particulars of a local service under section 6 of the 1985 Act (registration of local services, or
b
to vary or cancel an existing registration made under that section,
in the circumstances described in paragraph (2).
2
The circumstances are that the application —
a
relates to a local service which has one or more stopping places in any area to which a scheme relates; and
b
is made during the transitional period which relates to that scheme.
3
Where this Part applies, regulations 5 to 8 of the Public Service Vehicles (Registration of Local Services) Regulations 1986 (periods of notice: local services registrations) do not apply.
Period of notice for new registration during transitional period
4
1
Subject to paragraph (2) and regulations 7 and 8, the period of notice prescribed for the purposes of section 6(3)(a) of the 1985 Act in respect of an application to which this Part applies is —
a
28 days in the case of a community bus service , or
b
56 days in the case of any other service ,
commencing on the date on which the traffic commissioner accepts the application.
2
In the circumstances described in paragraph (3), section 6(3) of the 1985 Act has effect as if paragraph (a) and the words “if longer,” at the beginning of paragraph (b) of that subsection were omitted.
3
The circumstances are that —
a
a person has applied to vary or cancel a registration with the effect that affected local services are to cease to be provided by that person before the coming into force of a quality contract;
b
a person has applied to register particulars of local services (“new local services”) which are the same as or similar to the affected local services described in sub-paragraph (a); and
c
the new local services described in sub-paragraph (b) will be provided under an agreement entered into by an authority responsible for expenditure on public passenger transport services by reason of the impending cessation of the affected local services.
4
For the purposes of this regulation —
“affected local services” means services which, on the coming into force of a quality contract, the person providing those services would be required by virtue of section 129(1)(b) of the 2000 Act to cease to provide; and
“authority responsible for expenditure on public passenger transport services” takes the meaning given in section 88(8) of the 1985 Act .
Period of notice for cancellation of registration during transitional period
5
1
Subject to regulations 7 and 8, the cancellation of a service registration to which this Part applies becomes effective, for the purposes of section 6(8)(a) of the 1985 Act, on the expiry of the period prescribed in paragraph (2).
2
The period is —
a
28 days in the case of a community bus service,
b
56 days in the case of a service which is not a community bus service, and which has been excluded from the scheme by virtue of section 127(4) of the 2000 Act, or
c
112 days in the case of any other service,
commencing on the date on which the traffic commissioner accepts the application.
Period of notice for variation of registration during transitional period
6
1
Subject to regulations 7 and 8, the variation of a service registration to which this Part applies becomes effective, for the purposes of section 6(8)(a) of the 1985 Act, on the expiry of the period prescribed in paragraph (2).
2
Subject to paragraph (4) the period is —
a
28 days in the case of a community bus service,
b
112 days in the case of a service in respect of which a traffic commissioner has, having satisfied the requirements prescribed in paragraph (3), determined that the variation would have a significantly detrimental effect on persons using the service, or on a significant proportion of such persons, or
c
56 days in the case of —
i
a service which, before the service is varied in accordance with the application to which this regulation relates, is to be excluded from the scheme by virtue of section 127(4) of the 2000 Act, or
ii
any service not falling within sub-paragraph (a), (b) or (c)(i),
commencing on the date on which the traffic commissioner accepts the application.
3
Before making a determination under paragraph (2)(b) the traffic commissioner —
a
must, where the operator has given less than 112 days notice of the proposed variation, consult, and have regard to any representations made by, the local transport authority or authorities, as defined in section 108(4) of the 2000 Act , who made the scheme; and
b
must take into account other applications made during the transitional period to register particulars of a service or to vary service registrations.
4
If an application to vary a service registration satisfies more than one of the criteria described in paragraph (2), the shorter or shortest period which applies to that application by virtue of those criteria is to apply for the purposes of section 6(8)(a) of the 1985 Act.
Determination of period by traffic commissioner
7
1
In respect of an application to which this Part applies, in any of the circumstances specified in paragraph (2) —
a
section 6(2)(b) of the 1985 Act, where it applies, is to have effect as if for the words “the period of notice”, there were substituted the words “such period of notice as the traffic commissioner may determine”; and
b
section 6(8)(a) of the 1985 Act, where it applies, is to have effect as if for the words “with the date determined in accordance with regulations under this section” there were substituted the words “on such date as the traffic commissioner may determine”.
2
The circumstances are —
a
where an operator applies to register, except in the situation described in regulation 4(3), particulars of a service, or to vary an existing registration, with respect to a service or part of a service which, if the application were to be accepted, would be substantially similar to and replace a service, or part of a service, which either the operator making the application, or another operator, has ceased to operate;
b
where an operator applies to vary or cancel the registration of a service which is either not available to members of the general public or not generally used by them;
c
where an operator applies to vary or cancel the registration of a service in response to representations from a person authorised by —
i
a traffic authority, as defined in section 121A of the Road Traffic Regulation Act 1984 , or
ii
a chief officer of police,
on a matter concerning road traffic regulation or road safety;
d
where an operator applies to register particulars of a service, or to vary an existing registration, and the effect is to introduce a new service, or to augment an existing service, for a period not exceeding 21 days in connection with a specified event or occasion which will cause an additional demand for a service;
e
where an operator applies to vary a registration by adjusting the timetable of a service without significantly affecting the level of service provision, and the adjusted timings are —
i
in no case more than 10 minutes earlier or later than those which they replace; or
ii
required to adapt the service to a variation in a connecting rail, ferry or air service;
f
where an operator applies to vary a registration so as to vary or suspend a service during a period not exceeding 14 days in response to public holidays restricted to the relevant locality or holidays taken by a substantial proportion of the population in that locality;
g
where an operator, due to circumstances which could not reasonably have been foreseen, failed to make an application in sufficient time for the completion of the period of notice which would apply apart from this sub-paragraph;
h
where an operator applies to register particulars of a service, or vary a registration, with respect to a service or part of a service in order to meet an urgent and exceptional public passenger transport requirement.
Circumstances in which no period applies
8
1
In respect of an application to which this Part applies, in the circumstances described in paragraph (2) —
a
section 6(3) of the 1985 Act, where it applies, has effect as if paragraph (a) and the words “if longer,” at the beginning of paragraph (b) of that subsection were omitted; and
b
section 6(8) of the 1985 Act, where it applies, has effect as if paragraph (a) and the words “if later,” at the beginning of paragraph (b) of that subsection were omitted.
2
The circumstances are —
a
where the application is in respect of a service for the carriage of passengers by road that is provided as an alternative to the whole or a part of a railway passenger service that has been discontinued, reduced or modified (whether temporarily or permanently);
b
where the application is to vary a registration only to enable the operator of the service to comply with a traffic regulation condition or any other provision made by or under an enactment prohibiting or restricting the use of any road by vehicular traffic;
c
where the application is to vary a registration only in respect of a change in the operator’s address.
3
For the purposes of this regulation —
“railway passenger service” means any service for the carriage of passengers by railway; and
“railway” has the meaning given in section 67(1) of the Transport and Works Act 1992 .
Consequential amendments
9
The consequential amendments in the Schedule have effect.
PART 3 APPLICATIONS FOR REGISTRATION WHERE SCHEME IN FORCE
Prescribed time for submission of clearance certificate
10
For the purposes of section 6B(5) of the 1985 Act (clearance certificates), the prescribed time for the authority or authorities to submit a clearance certificate to the traffic commissioner is 28 days, commencing on the date on which the authority or authorities receive notice of consultation from the traffic commissioner by virtue of section 6B(4) of that Act.
Cases where requirement to obtain clearance certificate does not apply
11
1
Section 6B(3) to (6) of the 1985 Act (procedure for determining applications for registration where quality contracts scheme in force) does not apply in the cases prescribed in paragraph (2).
2
The cases are where the application is to vary the registration only —
a
to enable the operator of the service to comply with a traffic regulation condition or any other provision made by or under an enactment prohibiting or restricting the use of any road by vehicular traffic; or
b
in respect of a change in the operator’s address.
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
7th December 2009