Bus Services Act 2017

12 Cancellation of registration etc E+W

(1) The Transport Act 1985 is amended as follows.

(2) In section 6, after subsection (7A) insert—

“(7B) Where an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation, the registration of a service may also be cancelled under section 6E.”

(3) After section 6D (inserted by section 11) insert—

“6E Cancellation and control of registration where enhanced partnership scheme is in operation

(1) This section applies in a case where—

(a) an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation, and

(b) one or more requirements imposed under section 138A(5)(b) of the Transport Act 2000 by the scheme have effect.

(2) If a traffic commissioner considers that—

(a) an operation requirement imposed by the scheme applies to a service registered under section 6, and

(b) the service is not being provided in accordance with that requirement,

the traffic commissioner may cancel the registration of that service.

(3) If a traffic commissioner considers that—

(a) a route requirement imposed by the scheme applies to a service registered under section 6, and

(b) that service cannot be provided in accordance with that requirement,

the traffic commissioner must cancel the registration of that service.

(4) If a traffic commissioner considers that—

(a) a route requirement imposed by the scheme applies to two or more services registered under section 6, and

(b) those services cannot all be provided in accordance with that requirement,

the traffic commissioner must cancel the registration of those services.

(5) Subject to regulations under this section, a cancellation of the registration of a service under subsection (2), (3) or (4) becomes effective on the expiry of the period beginning with the date on which a traffic commissioner gives notice to the operator of the service of the cancellation of the registration and ending with the date determined in accordance with regulations under this section.

(6) Regulations under this section may make provision controlling the registration, or the variation of registration, under section 6 of local services which would, or would as varied, be subject to a route requirement by reference to which a registration or registrations was or were cancelled under subsection (3) or (4).

(7) Regulations under subsection (6) may, in particular—

(a) provide for the determination of the services that may be registered and the persons who may register such services;

(b) provide for those matters to be determined by the local transport authority or authorities operating the enhanced partnership scheme;

(c) provide for the authority or authorities to award contracts authorising persons to provide local services or local services of particular descriptions;

(d) provide for services not to be registered under section 6, and for variations of registration under section 6 not to be made, in prescribed cases;

(e) make provision as to the period during which the registration, or variation of registration, of local services under section 6 is subject to provision under subsection (6).

(8) Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular—

(a) make provision as to the procedure for cancellation under this section, including provision for giving notice of an intention to cancel unless an operator of a local service satisfies prescribed conditions;

(b) make provision for cancellation under subsection (3) or (4) to be revoked if prescribed conditions are satisfied, including conditions relating to the variation or cancellation under section 6 of the registration of one or more of the services affected;

(c) make provision for the time at which cancellation under subsection (3) or (4) becomes effective to be postponed in prescribed circumstances.

(9) In this section—

• “local transport authority” has the meaning given in section 108(4) of the Transport Act 2000;

• “operation requirement” and “route requirement” have the same meaning as in section 6D.”

Commencement Information

I1 S. 12 in force at Royal Assent for certain purposes, otherwise in force at 27.6.2017, see s. 26(3)