Transport (Scotland) Act 2001 (asp 2)

Part 2 S Bus services

[F1 CHAPTER 2] S [F1 Local services franchises]

Textual Amendments

F1 Pt. 2 Ch. 2 substituted for ss. 13-27 and cross-heading (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), ss. 38(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.

Miscellaneous S

41 Bus User Complaints Tribunal S

(1) The Scottish Ministers may by regulations establish a tribunal to be known as the Bus User Complaints Tribunal (referred to in this section as the “Tribunal”) for the purpose of determining any written complaint made by or on behalf of any individual—

(a) about the manner in which a relevant complaint has been dealt with; or

(b) appealing against a decision made on a relevant complaint.

(2) Any Tribunal established by virtue of subsection (1) above shall consist of—

(a) a convener; and

(b) two other members,

appointed by the Scottish Ministers.

(3) Regulations under subsection (1) above may in particular make provision for or in connection with—

(a) the form of written complaints and the time within which they may be submitted for determination by the Tribunal;

(b) the procedure to be followed by the Tribunal in determining complaints;

(c) the matters to which the Tribunal shall have regard in determining complaints;

(d) the powers of the Tribunal on making determinations (including, without prejudice to the generality of this paragraph, power requiring the payment of compensation);

(e) the tenure of office of members of the Tribunal;

(f) the payment of remuneration and allowances to members of the Tribunal;

(g) the making of reports to the Scottish Ministers on such matters, and at such times, as may be specified in the regulations;

(h) requiring the Scottish Ministers to lay before the Scottish Parliament copies of any reports made under paragraph (g) above;

(i) the making of reports to the traffic commissioner on such matters, and at such times, as may be specified in the regulations;

(j) appeals from determinations of the Tribunal;

(k) such other matters as the Scottish Ministers consider necessary or expedient for the purpose of enabling the Tribunal to perform its functions.

(4) Where a Tribunal is established by virtue of subsection (1) above, the traffic commissioner shall—

(a) provide, or make available, to the Tribunal such staff as the Scottish Ministers consider necessary;

(b) pay—

(i) any remuneration and allowances due to members of the Tribunal or staff of the Tribunal; and

(ii) any other expenses relating to the establishment or operation of the Tribunal; and

(c) provide the Tribunal with such other assistance as it may reasonably request for the purposes of performing its functions.

(5) Any compensation payable by virtue of subsection (3)(d) above shall be recoverable as a civil debt.

(6) The Scottish Ministers shall pay to the traffic commissioner such amount as is agreed between them to be appropriate to reimburse any expenditure incurred by the commissioner by virtue of subsection (4) above.

(7) In subsection (1) above “relevant complaint” means any written complaint made by or on behalf of any individual to an operator of [F2 bus] services which relates to the operation of any [F2 bus] service operated by such operator.

[F3 (8) In subsection (7) above, “bus service” means—

(a) a local bus service; or

(b) a service which—

(i) uses one or more public service vehicles for the carriage of passengers by road at separate fares;

(ii) operates between places at least one of which is in Scotland; and

(iii) is not a local service.]

Textual Amendments

F2 Word in s. 41(7) substituted (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 50(a), 54(2); S.S.I. 2005/454, art. 2, Sch. 2

F3 S. 41(8) inserted (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 50(b), 54(2); S.S.I. 2005/454, art. 2, Sch. 2