EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out the processes that operators of certain local bus services should follow to object to the making, variation or revocation of bus services improvement partnership plans and schemes by a local transport authority under the Transport (Scotland) Act 2001 (“the 2001 Act”), and for determining whether a sufficient number of those operators have objected.

Regulation 2 prescribes which local services are to be qualifying local services for the purposes of schedule A1 of the 2001 Act.

Regulation 3 prescribes the meaning of “qualifying time” for the purposes of Parts 2 and 3 of schedule A1 of the 2001 Act.

Regulation 4 sets out how objections must be made and requires that certain information is provided with those objections.

Regulation 5 prescribes how it is to be determined whether a sufficient number of operators have objected. This is to be determined on the basis of the number of objectors as a proportion of the total number of operators of qualifying local services in the relevant area, and on the registered distance of qualifying local services operated in the relevant area by those who have objected as a percentage of the registered distance of all qualifying local services operated in that area. For this purpose, subsidiaries of the same operator, or holding company, are to be treated as one operator.

Regulation 6 makes provision about the content and service of certain notices under schedule A1 of the 2001 Act that relate to objections.

A full Business and Regulatory Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.