Section 138B Further parties to a schemeC1C2
F1Subsection (2) applies if—
the provision of any of the facilities specified in an enhanced partnership scheme, or
the taking of any of the measures specified in such a scheme,
requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State is the traffic authority).
Where this subsection applies, the scheme may not be made unless it is made by—
the local transport authority or authorities, and
the F2local highway authority for the local authority area,
acting jointly.
Subsection (4) applies if—
the provision of any of the facilities specified in an enhanced partnership scheme, or
the taking of any of the measures specified in such a scheme,
requires the making of a traffic regulation order in respect of a road for which the Secretary of State is the traffic authority.
Where this subsection applies, the scheme may not be made unless it is made by—
the local transport authority or authorities, and
the Secretary of State,
acting jointly.
Where subsection (2) or (4) applies so that a F3local highway authority or the Secretary of State makes an enhanced partnership scheme, then (subject to section 138N) the references to the authority or authorities in—
sections 138A(6) and (11),
sections 138F to 138J,
section 138K(1) and (3) to (5),
sections 138L and 138M,
section 138O, and
paragraph 27(4) of Schedule 9 to the Road Traffic Regulation Act 1984,
include (as well as the local transport authority or authorities) the metropolitan district council or the Secretary of State.
Subsection (5) is not to be taken as affecting the area indicated by references in the provisions mentioned in that subsection to the authority's or authorities' area or combined area.
Annotations
Textual amendments
- F1
Ss. 138A-138S 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. 9, 26(3)
- F2
Words in s. 138B(2)(b) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 12 para. 12(a) (with s. 102)
- F3
Words in s. 138B(5) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 12 para. 12(b) (with s. 102)
Modifications
- C1
Ss. 138A-143B: functions transferred (E.) (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