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Section 123E ConsultationC3C4F1C1C2

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

(1)

This section applies if, after obtaining an auditor's report under section 123D, the authority or authorities wish to proceed with the proposed franchising scheme.

(2)

The authority or authorities must—

(a)

publish a consultation document relating to the proposed scheme (see section 123F),

(b)

publish the assessment of the proposed scheme,

(c)

publish the auditor's report on that assessment, and

(d)

give notice of the proposed scheme in such manner as the authority or authorities consider appropriate for bringing it to the attention of persons in the area to which it relates.

(3)

A notice under subsection (2)(d) must—

(a)

describe the proposed scheme, and

(b)

state where copies of the proposed scheme and the documents mentioned in subsection (2)(a) to (c) may be inspected.

(4)

After giving notice under subsection (2)(d), the authority or authorities must consult—

(a)

all persons operating local services F2which have one or more stopping places in the area or areas to which the proposed scheme relates,

(b)

all other persons holding a PSV operator's licence or a community bus permit who would, in the opinion of the authority or authorities, be affected by the proposed scheme,

(c)

such persons as appear to the authority or authorities to represent employees of persons falling within paragraph (a),

(d)

such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(F3da)

such persons with disabilities (within the meaning given by section 6 of the Equality Act 2010) who are users or prospective users of local services, or such organisations appearing to the authority or authorities to be representative of such persons, as they think fit,

(F4db)

the Welsh Ministers if, in the opinion of the authority or authorities, any part of Wales would be affected by the proposed scheme,

(e)

any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by the proposed scheme,

(f)

a traffic commissioner,

(g)

the chief officer of police for each police area covering the whole or part of an area to which the proposed scheme relates,

(h)

the Passengers' Council, and

(i)

the Competition and Markets Authority.

(5)

In subsection (4)(e) “relevant local authority” means—

(a)

a local transport authority,

(b)

a district council,

(c)

a National Park authority,

(d)

the Broads Authority,

(e)

a London transport authority, F5...

(F6ea)

a Transport Partnership created under the Transport (Scotland) Act 2005, or

(f)

a council in Scotland.

(6)

The authority or authorities may modify the proposed scheme after consulting those persons and organisations.

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

Words in s. 123E(4)(a) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 5(2), 41(5); S.I. 2026/46, reg. 2(e)

F3

S. 123E(4)(da) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 10, 41(5); S.I. 2026/46, reg. 2(h)

F4

S. 123E(4)(db) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 12(3)(a), 41(5); S.I. 2026/46, reg. 2(j)

F5

Word in s. 123E(5)(e) omitted (26.1.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 12(3)(b)(i), 41(5); S.I. 2026/46, reg. 2(j)

F6

S. 123E(5)(ea) inserted (26.1.2026) by Bus Services Act 2025 (c. 24), ss. 12(3)(b)(ii), 41(5); S.I. 2026/46, reg. 2(j)

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