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Section 123D Report on assessment of proposed schemeC3C4F1F10C1C2

(F21)

A franchising authority, or two or more franchising authorities acting jointly, may not proceed with a proposed franchising scheme unless they have obtained a report from an independent approved person on the assessment of the proposed scheme (see section 123B).

(2)

The F3... report must state whether, in the opinion of the F4approved person—

(a)

the information relied on by the authority or authorities in considering the matters referred to in section F5123B(3)(d) and (e) is of sufficient quality,

(b)

the analysis of that information in the assessment is of sufficient quality, and

(c)

the authority or authorities had due regard to guidance issued under section 123B in preparing the assessment.

(F63)

The Secretary of State must issue guidance as to—

(a)

the time at which it is appropriate to appoint an approved person to produce a report for the purposes of subsection (1), and

(b)

the matters to be taken into account by a franchising authority when selecting such a person, including for the purposes of determining whether a person is independent.

(4)

Franchising authorities must have regard to any such guidance.

(5)

The Secretary of State must issue guidance concerning the matters to be taken into account by an F7approved person when forming an opinion as to whether the information relied on, and the analysis of that information, by an authority is of sufficient quality for the purposes of subsection (2).

(6)

F8Approved persons must have regard to any such guidance.

(F98)

In this section “approved person” means a person specified, or of a description specified, in regulations made by the Secretary of State.

Annotations

Textual amendments

F1

Ss. 123A-123X and cross-heading inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 4, 26(3)

F2

S. 123D(1) substituted (29.10.2026) by Bus Services Act 2025 (c. 24), ss. 9(2), 41(5) (with s. 9(10)); S.I. 2026/1136, reg. 2(a) (with reg. 3)

F3

Word in s. 123D(2) omitted (29.10.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 9(3)(a), 41(5) (with s. 9(10)); S.I. 2026/1136, reg. 2(a) (with reg. 3)

F4

Words in s. 123D(2) substituted (29.10.2026) by Bus Services Act 2025 (c. 24), ss. 9(3)(b), 41(5) (with s. 9(10)); S.I. 2026/1136, reg. 2(a) (with reg. 3)

F5

Words in s. 123D(2)(a) substituted (29.10.2026) by Bus Services Act 2025 (c. 24), ss. 9(3)(c), 41(5) (with s. 9(10)); S.I. 2026/1136, reg. 2(a) (with reg. 3)

F6

S. 123D(3) substituted (29.10.2026) by Bus Services Act 2025 (c. 24), ss. 9(4), 41(5) (with s. 9(10)); S.I. 2026/1136, reg. 2(a) (with reg. 3)

F7

Words in s. 123D(5) substituted (29.10.2026) by Bus Services Act 2025 (c. 24), ss. 9(5), 41(5) (with s. 9(10)); S.I. 2026/1136, reg. 2(a) (with reg. 3)

F8

Words in s. 123D(6) substituted (29.10.2026) by Bus Services Act 2025 (c. 24), ss. 9(6), 41(5) (with s. 9(10)); S.I. 2026/1136, reg. 2(a) (with reg. 3)

F9

S. 123D(8) substituted for s. 123D(7)(8) (29.10.2026) by Bus Services Act 2025 (c. 24), ss. 9(7), 41(5) (with s. 9(10)); S.I. 2026/1136, reg. 2(a) (with reg. 3)

F10

S. 123D heading substituted (29.10.2026) by Bus Services Act 2025 (c. 24), ss. 9(8), 41(5) (with s. 9(10)); S.I. 2026/1136, reg. 2(a) (with reg. 3)

Modifications

C1

Ss. 123A-123X: functions transferred (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2)

C2

Ss. 112-159: transfer of functions (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 7

C3

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)

C4

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)

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)

C11

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)

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)

C15

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)

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)

C17

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)

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