Section 138KA Variation where scheme includes provision under section 138E

(1)

F1F2A variation of an enhanced partnership scheme may not be made under section 138K in a case to which subsection (2) of this section applies unless—

(a)

the Secretary of State has directed the authority or authorities concerned to make the variation, or

(b)

the variation is one that the authority or authorities are required to make by section 14(4)(b) of the Bus Services Act 2025.

(2)

This subsection applies to any case specified in the scheme as one in which the scheme may be varied in accordance with the scheme (see section 138E).

(3)

The Secretary of State may give a direction under this section only if, on an application made by the authority or authorities, the Secretary of State is satisfied that—

(a)

the variation cannot be made in accordance with the scheme because of unreasonable or obstructive behaviour by one or more operators of local services, or

(b)

persons using local services in the area to which the scheme as varied will relate will benefit from the variation of the scheme.

(4)

A direction under this section does not affect the application of the other requirements that must be met before the scheme can be varied under section 138K.

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: S. 138KA inserted (1.4.2026) by Bus Services Act 2025 (c. 24), ss. 17, 41(5); S.I. 2026/46, reg. 3(d)