Explanatory note

Sections 108 to 111 of the Transport Act 2000 require local transport authorities to develop policies for the promotion of safe, integrated, efficient and economic transport facilities and services within their area. These policies are known collectively as a local transport plan. Local transport authorities are required to publish their local transport plan, make a copy available for public inspection and keep the plan under regular review, replacing it with a new plan no later than five years after the date on which the original was made. Where however such a plan was published prior to 1 August 2001, the National Assembly is required to specify, by Order, the date by which the plan must be replaced.

Section 3 of, and the Schedule to, the Transport (Wales) Act 2006 modifies sections 108 to 111 of the Transport Act 2000, introducing new sections that apply only to Wales.

Section 108 is amended to require local transport authorities to develop local transport plans which implement the Wales Transport Strategy (“the Strategy”). The National Assembly for Wales is required to prepare and publish the Strategy by section 2 of the Transport (Wales) Act 2006. The Strategy must set out the policies developed by the National Assembly for Wales to promote safe, integrated, sustainable, efficient and economic transport facilities and services. It must also set out how the National Assembly for Wales proposes to carry out those policies.

New sections 109A, 109B and 109C have been incorporated, replacing section 109 in relation to Wales. The new sections require local transport authorities to submit their local transport plans to the National Assembly for Wales for approval and to review their plans as soon as practicable after the publication of the Wales Transport Strategy.

Section 109C makes transitional provisions in respect of local transport plans produced prior to 1 August 2001. Where such a plan contains policies for the promotion and encouragement of safe, integrated, efficient and economic transport facilities and services and was produced in accordance with National Assembly for Wales guidance, the National Assembly for Wales must specify by Order the date by which such plans must be replaced.

The Transport (Wales) Act 2006 also incorporates new sections 113A and 113B into the Transport Act 2000. Section 113A enables the National Assembly for Wales to make an Order permitting local transport authorities to produce a local transport plan in respect of part only of their area. It also permits a local transport plan to be prepared by two or more authorities jointly in respect of an area comprising of all or any part of their collective area. Section 113B enables the National Assembly for Wales to issue written directions to local transport authorities in relation to the manner in which they carry out their functions under sections 108 to 111 of the Transport Act 2000.

The effect of this Order is to exercise the power of the National Assembly for Wales under section 113A of the Transport Act 2000 to modify sections 108 to 111 of that Act. Specifically, it allows the National Assembly for Wales to permit local transport plans to be made on a regional rather than individual authority basis and specifies the date by which local transport plans which fulfil the requisite criteria must be replaced.

The Order does not make provision for the way in which the local transport authorities will work together. This is a matter for the relevant authorities. Neither does the Order make provision for the preparation and implementation of the new regional transport plans as this is dealt with separately in guidance published by the National Assembly for Wales in accordance with section 112 of the Transport Act 2000.

Article 3 of this Order makes provision for the 22 Welsh local authorities to be assembled into four groups for the purpose of preparing a single transport plan for each group. The groups are based upon four regional areas: South East Wales, South West Wales, Mid Wales and North Wales.

Article 4 exercises the power of the National Assembly for Wales under section 113A(1)(a) of the Transport Act 2000 to permit a local transport plan to be prepared in respect of part only of a local transport authority’s area. In this article, the local transport authority of Gwynedd is to contribute to two separate local transport plans covering or including the district of Meirionnydd and the remainder of the county of Gwynedd respectively.

Article 5 requires the replacement of local transport plans, which fulfil the requisite criteria, by no later than 30 June 2008.

The Schedule to the Order lists the four groups and their constituent local authorities.