OpenLegislation

Section 109 Further provision about plans: EnglandC11C12C13C14F13I1C1C2C3C4C5C6C7C8C9

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A local transport authority F1whose area is in England must keep their local transport plan under review and alter it if they consider it appropriate to do so.

F2(2)

The authority may replace their plan as they think fit.

F3(2A)

In preparing their local transport plan, and in keeping it under review, an authority other than an Integrated Transport Authority F4, a combined authority or a combined county 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 F5, a combined authority or a combined county 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 F6or (as the case may be) the area of the combined authority F7or combined county 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 F8or (as the case may be) the area of the combined authority F9or combined county 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 F10... and to such other persons (if any) as may be specified in guidance under section 112(1).

C10(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.

F11(4A)

Where a local transport authority is a mayoral combined authority, the functions of the combined authority under this section are exercisable only by the mayor acting on behalf of the combined authority.

(4B)

Where a local transport authority is a mayoral CCA, the functions of the combined county authority under this section are exercisable only by the mayor acting on behalf of the combined county authority.

F12(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in s. 109(1) inserted (26.5.2006) by Transport (Wales) Act 2006 (c. 5), s. 12, Sch. para. 3(3); S.I. 2006/1403, art. 2(2)(c)

F2

S. 109(2) substituted (1.4.2009 for W., 1.4.2011 for E.) by Local Transport Act 2008 (c. 26), ss. 9(3), 134(4); S.I. 2009/107, art. 5(1) (with art. 5(2)); S.I. 2009/579, art. 2(b)

F3

S. 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)

F4

Words in s. 109(2A) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 126(2) (with s. 247)

F5

Words in s. 109(2B) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 126(3)(a) (with s. 247)

F6

Words in s. 109(2B)(a) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 97(3)(b); S.I. 2009/3318, art. 2(c)

F7

Words in s. 109(2B)(a) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 126(3)(b) (with s. 247)

F8

Words in s. 109(2B)(c) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 97(3)(c); S.I. 2009/3318, art. 2(c)

F9

Words in s. 109(2B)(c) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 126(3)(c) (with s. 247)

F10

Words 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)

F11

S. 109(4A)(4B) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 12 para. 3 (with s. 102)

F12

S. 109(5)(6) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 9(5), 134(4), Sch. 7 Pt. 1; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(b)

F13

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

Modifications

C1

S. 109 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 2 (with art. 7(4))

C2

Ss. 108, 109: functions transferred (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2) (with reg. 15(3))

C3

S. 109: functions made exercisable (E.) (7.5.2024) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(3), 27(1)-(3)

C4

Pt. 2: functions made exercisable concurrently (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 19(c) (with art. 9)

C5

Ss. 108, 109: transfer of functions (with modifications) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 7

C6

S. 109: functions made exercisable concurrently (24.2.2026) by The Cumbria Combined Authority Order 2026 (S.I. 2026/158), arts. 1(2), 8

C7

S. 109: functions made exercisable (24.2.2026) by The Cheshire and Warrington Combined Authority Order 2026 (S.I. 2026/159), arts. 1(2), 9

C8

S. 109: functions made exercisable concurrently (26.3.2026) by The Sussex and Brighton Combined County Authority Regulations 2026 (S.I. 2026/362), regs. 1(2), 8(b)

C9

S. 109: functions made exercisable concurrently (temp.) (4.6.2026) by The Hampshire and the Solent Combined County Authority Regulations 2026 (S.I. 2026/595), regs. 1(2), 9(1) (with reg. 9(2))

C10

S. 109(4): functions made exercisable concurrently (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(3)(4)

C11

Pt. 2: transfer of functions (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 7 (with art. 28)

C12

Pt. 2: functions made exercisable (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 9 (with art. 28)

C13

Pt. 2 applied (with modifications) (W.) (28.2.2022) by The South East Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/343), regs. 1(3)(b), 12(2)

C14

Pt. 2: functions made exercisable (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(1)(2)

Commencement

I1

S. 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

Notes on Part II

Modifications

C1

Pt. 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)

C2

Pt. 2: transfer of functions (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 8(1)(b) (with arts. 8(4), 12)

C3

Pt. 2: transfer of functions (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 8, 9 (with art. 11)

C4

Pt. 2: delegation of functions (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(b)

C5

Pt. 2: functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8

C6

Pt. 2: functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(1)

C7

Pt. 2: functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 8(b)

C8

Pt. 2: functions made exercisable (8.5.2017) by The Tees Valley Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/431), arts. 1(2), 4(1)(2)

C12

Pt. 2 applied (with modifications) (30.6.2022) by The North Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/339), regs. 1(3)(b), 12(2)

C13

Pt. 2 applied (with modifications) (30.6.2022) by The Mid Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/342), regs. 1(3)(b), 12(2)

C14

Pt. 2 applied (with modifications) (W.) (30.6.2022) by The South West Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/352), regs. 1(3)(b), 12(2)

C16

Pt. 2: functions made exercisable (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(1)

C18

Pt. 2: transfer of functions (with modifications) (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 10

C19

Pt. 2: functions made exercisable (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 14

C20

Pt. 2: functions made exercisable (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 7

C21

Pt. 2: functions made exercisable (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 10