Section 143B Power to obtain information about local services: enhanced partnership schemesF1C1C2

If a local transport authority in England, or two or more such authorities acting jointly, are preparing an enhanced partnership plan or scheme, the authority or any of the authorities may, in connection with preparing the plan or scheme, require an operator of a local service in their area or combined area to supply relevant information.

A local transport authority in England that are party to an enhanced partnership plan may, in connection with any relevant function, require an operator of a local service in their area, or in the combined area of the authority and any other local transport authority in England that are party to the plan, to supply relevant information.

If an enhanced partnership plan is proposed to be varied so as to include another local transport authority in England, that authority may, in connection with determining whether and how to vary an enhanced partnership plan or scheme, require an operator of a local service in their area, or in the combined area of that authority and any other local transport authority in England that would be party to the plan as it is proposed to be varied, to supply relevant information.

The operator may be required—

A local transport authority or authorities may not require an operator to supply information under this section unless, at least 14 days before imposing the requirement, they have given notice to the operator—

When imposing the requirement the authority or authorities must have regard to any representations made by the operator in response to the notice under subsection (4A).

If it appears to a local transport authority that an operator of a local service has failed to take all reasonable steps to comply with a request under this section, the authority must inform a traffic commissioner.

A local transport authority that have obtained information under this section in connection with a function relating to an enhanced partnership plan or scheme may—

The persons referred to in subsection (6) are—

A public authority must not disclose information supplied to the authority under this section if it is information which the authority may refuse to disclose in response to a request under the Freedom of Information Act 2000 in reliance on a claim that the information is exempt information by virtue of section 40, 41, 42 or 43 of the Freedom of Information Act 2000.

Subsection (8) does not prevent the disclosure of information—

The prohibition in subsection (8) is to be disregarded for the purposes of section 44 of the Freedom of Information Act 2000.

In this section—

• “relevant function” means—

  1. (a)

     reviewing an enhanced partnership plan or the operation of an enhanced partnership scheme,

  2. (b)

     determining whether and how to vary an enhanced partnership plan or scheme, or

  3. (c)

     determining whether to revoke an enhanced partnership plan or scheme;

• “relevant information” means information relating to a local service or passengers on a local service which is of a description specified in regulations made by the Secretary of State.