The Enhanced Partnership Plans and Schemes (Objections) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe processes whereby certain operators of certain local bus services may object to the making of enhanced partnership plans and enhanced partnership schemes by a local transport authority (LTA) under the Transport Act 2000 (c.38) and for determining whether a sufficient number of those operators have objected to the making of the plan or scheme.

Regulation 3 prescribes which local services are to be qualifying local services for the purpose of these Regulations.

Regulation 4 refers to the making of objections where an LTA has given notice that it has prepared a plan or scheme. Regulation 5 refers to the making of objections where an LTA has given notice that it intends to make a plan or scheme with modifications to the plan or scheme as proposed. Regulation 6 refers to the making of objections where an LTA has given notice that it proposes to vary a plan or scheme. Regulation 7 refers to the making of objections where an LTA has given notice that they intend to vary a plan or scheme. Regulation 8 refers to the process for the making of objections where an LTA has given notice that they intend to revoke a plan or scheme.

Regulation 9 sets out the process as to how objections must be made under regulations 4 to 8 and requires that information about the registered distance of all qualifying local services operated by the objectors in the relevant area must be provided with those objections.

Regulation 10 requires the identities of all persons making objections to be published by the LTA.

Regulation 11 prescribes how it is to be determined whether a sufficient number of operators have objected in accordance with regulations 4 to 8. This is to be determined on the basis of the number of objectors as a proportion of the total number of operators in the relevant area and on the registered distance of all qualifying local services operated by the objectors in the relevant area as a percentage of the registered distance of all qualifying local services operated by all operators in that area. For this purpose, subsidiaries of the same operator are to be treated as one operator.

A full impact assessment has not been published for these Regulations. However, an assessment has been made of the impact of the Bus Services Act 2017. Copies of that impact assessment may be obtained from the Buses and Taxis Division, Department for Transport, 2/12 Great Minster House, 33 Horseferry Road, London SW1P 4DR or from the Bus Services Act page on gov.uk: https://www.gov.uk/government/publications/bus-services-bill-impact-assessments.