Citation, commencement and application

1.–(1) These Regulations may be cited as the Quality Partnership Schemes (England) (Amendment) Regulations 2009 and come into force on 11th January 2010.

(2) These Regulations apply to England only(3).

Amendment of the Quality Partnership Schemes (England) Regulations 2009

2.–(1) Regulation 13 of the Quality Partnership Schemes (England) Regulations 2009(4) (assessors to assist traffic commissioners) is amended as follows.

(2) For paragraph (2) substitute–

"(2) In making such a determination the traffic commissioner may be assisted by–

(a) an assessor selected from a panel of persons appointed by the Secretary of State for the purposes of section 17A of the 1981 Act(5) (assessors to assist traffic commissioners); or

(b) a person drawn from a panel of persons appointed by the Secretary of State for the purposes of section 126A of the Act(6) (boards for proposed schemes for areas in England).".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Quality Partnership Schemes (England) Regulations 2009 ("the QPS Regulations") (S.I. 2009/445), made under sections 122 and 160 of the Transport Act 2000 ("TA 2000"). A quality partnership scheme is a scheme made by a local transport authority, or two or more such authorities acting jointly, under which the authority provides particular facilities at specific locations along routes on which local bus services are operated, and operators of local services who wish to use those facilities agree to provide services of a particular standard. Quality partnership schemes are made under Part 2 of the TA 2000, as amended by the Local Transport Act 2008.

Section 114(6B) of the TA 2000 provides that a quality partnership scheme may include standards of service which impose requirements as to frequencies, timings and maximum fares only if there are no admissible objections from relevant operators. The QPS Regulations make provision about schemes which include such requirements, and provide for disputes to be referred to a traffic commissioner for a determination.

Regulation 13 of the QPS Regulations provides for the appointment of assessors to assist a traffic commissioner in considering a matter referred for a determination as to whether an objector is a relevant operator and an objection is admissible. Paragraph (2) prescribes that such an assessor may be selected from a panel of persons appointed by the Secretary of State for the purposes of section 17A of the Public Passenger Vehicles Act 1981 (assessors to assist traffic commissioners in consideration of financial questions). The amendment made by these Regulations extends the pool of persons who may be appointed as assessors under the QPS Regulations.

Section 126A of the TA 2000 (boards for proposed quality contracts schemes for areas in England), which comes into force on the same day as these Regulations, provides for the constitution of a board (described as a "QCS board") to consider and form an opinion on proposals by a local transport authority, or two or more such authorities acting jointly, to make a quality contracts scheme under Part 2 of the TA 2000. A QCS board consists of a traffic commissioner, who chairs the board, and two persons drawn from a panel of persons appointed by the Secretary of State for the purposes of that section. The effect of the amendment to the QPS Regulations made by these Regulations is to enable persons appointed to that panel also to be appointed as assessors to assist a traffic commissioner in making a determination under the QPS Regulations.

No impact assessment has been produced for this instrument as no impact on business, charities or voluntary bodies is foreseen. An impact assessment was prepared for the Quality Partnership Scheme (England) Regulations 2009, which these Regulations amend. Copies can be obtained from the Department for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR. The assessment was also annexed to the Explanatory Memorandum found alongside those Regulations on the Office of Public Sector Information website (www.opsi.gov.uk).