Transport (Scotland) Act 2001

Ticketing arrangements and ticketing schemes

28 Ticketing arrangements

(1) Each local transport authority shall from time to time determine what ticketing arrangements should be made available for their area (in this section referred to as the “required ticketing arrangements”).

(2) Before making such a determination, the authority shall consult such organisations appearing to the authority to be representative of users of local services as they think fit.

(3) Each authority shall from time to time ascertain whether the required ticketing arrangements are being made available.

(4) If an authority ascertain that the required ticketing arrangements are not being made available, that authority shall seek to make arrangements with the operator or operators of the local services concerned under which the operator or operators agree to make the required ticketing arrangements available.

(5) In this section and in section 29 of this Act “ticketing arrangements” means arrangements under which persons may become entitled—

(a) to make more than one journey on particular local services (whether or not operated by the same person);

(b) to make a particular journey on two or more local services (whether or not operated by the same person); or

(c) where a particular journey could be made on local services provided by either (or any) of two or more operators, to make the journey on whichever service the holder chooses,

by entering into a single transaction of such description as the operator or operators of such services may require.

29 Ticketing schemes

(1) If a local transport authority are unable to make satisfactory arrangements in pursuance of section 28(4) of this Act they, or two or more such authorities acting jointly, may make a ticketing scheme covering the whole or any part of their area, or combined area, if they consider that the proposed scheme—

(a) would be in the interests of the public; and

(b) would to any extent implement their relevant general policies.

(2) In this section (other than subsection (1) above) and in sections 30 and 31 of this Act any reference to a local transport authority shall be construed, in any case where a ticketing scheme is made (or proposed to be made) by two or more such authorities acting jointly, as a reference to both (or, as the case may be, all) of those authorities.

(3) A ticketing scheme is a scheme under which operators of local services of a class specified in the scheme are required to make and implement ticketing arrangements.

(4) A ticketing scheme may not be made unless the authority have complied with the notice and consultation requirements imposed by section 30 of this Act.

(5) A ticketing scheme may, for the purposes of making provision in relation to journeys such as are mentioned in paragraph (a) of section 28(5) of this Act, specify a class of local services.

(6) A ticketing scheme may specify different arrangements in respect of different classes of local service.

30 Consultation as to proposed ticketing scheme

(1) If a local transport authority propose to make a ticketing scheme, they shall give notice of the proposed scheme in at least one local newspaper circulating in the area to which it relates.

(2) The notice shall specify the date on which it is proposed that the proposed scheme will come into operation.

(3) After giving notice of the proposed scheme, the authority shall consult—

(a) all operators of local services who are, in the opinion of the authority, likely to be affected by it;

(b) such organisations appearing to the authority to be representative of users of local services as they think fit;

(c) the traffic commissioner; and

(d) such other persons as the authority think fit.

31 Making of ticketing scheme

(1) If, having complied with section 30 of this Act, the authority decide that it is appropriate to make a ticketing scheme, they may make it—

(a) in the form proposed; or

(b) subject to such modifications as they may specify.

(2) The scheme shall specify the date (being a date not earlier than 3 months after the date on which the scheme is made) on which it is to come into operation.

(3) Not later than 14 days after the date on which a scheme is made, the authority shall give notice of it—

(a) in at least one local newspaper circulating in the area to which the scheme relates;

(b) to all operators of local services who are, in the opinion of the authority, likely to be affected by it;

(c) to the traffic commissioner; and

(d) in such other manner, or to such other persons or class of person (if any), as the Scottish Ministers may prescribe by regulations.

(4) The notice shall—

(a) set out the scheme and the date on which it is to come into operation; and

(b) identify the classes of local service which will be affected by it.

32 Effect of ticketing scheme

(1) During any period in which a ticketing scheme is in operation, operators of local services to which the scheme relates shall make and implement the arrangements required by the scheme.

(2) The arrangements required by a ticketing scheme shall be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the 1985 Act (registration of local services) of the service concerned.