Part IIE+W Local transport

Modifications etc. (not altering text)

C4Pt. 2: delegation of functions (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(b)

C5Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8

C6Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(1)

Bus services: provision of informationE+W

139 Information about bus services.E+W

(1)Each local transport authority must from time to time determine, having regard to their [F1local transport policies] —

(a)what local bus information should be made available to the public (“the required information”), and

(b)the way in which it should be made available (“the appropriate way”).

(2)Before making such a determination, the authority must consult—

(a)such organisations appearing to the authority to be representative of users of local services as they think fit, and

[F2(b)a traffic commissioner.]

(3)Each authority must from time to time ascertain whether the required information is being made available to the public in the appropriate way.

(4)Subsection (5) applies if an authority consider that—

(a)the required information is not being made available to the public to any extent, or

(b)that information is not being made available to the public in the appropriate way.

(5)If this subsection applies, the authority must seek to make arrangements with the operators of the local services concerned under which those operators agree to make the information available (or to make it available in that way).

(6)In this section “local bus information”, in relation to a local transport authority, means—

(a)information about routes and timetabling of local services to, from and within the authority’s area,

(b)information about fares for journeys on such local services, and

(c)such other information about facilities for disabled persons, travel concessions, connections with other public passenger transport services or other matters of value to the public as the authority consider appropriate in relation to their area.

Textual Amendments

F1Words in s. 139(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 4(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)

Modifications etc. (not altering text)

Commencement Information

I1S. 139 wholly in force at 1.8.2001; s. 139 not in force at Royal Assent see s. 275(1)(2); s. 139 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 139 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4

140 Duty of authority to make information available.E+W

(1)If the authority are unable to make satisfactory arrangements with one or more of those operators, they—

(a)must make available, or secure that there is made available, in the appropriate way such of the required information as is not being made available or is not being made available in that way (whether by virtue of arrangements made under section 139(5) or otherwise), and

(b)may recover from that operator or those operators the reasonable costs incurred by them in doing so as a civil debt due to them.

(2)In determining for the purposes of subsection (1)(b) what is reasonable in relation to a particular operator, the authority must have regard to—

(a)the amount of information which has to be made available, and

(b)the way in which that information has to be made available,

in respect of the local services provided by that operator.

(3)If the authority require an operator to provide information to them or to another person in order to perform their duty under subsection (1)(a), the operator must provide the information at such times and in such manner as is specified by the authority.

(4)The authority must give notice of any requirement imposed under subsection (3) to [F3a traffic commissioner].

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2S. 140 wholly in force at 1.8.2001; s. 140 not in force at Royal Assent see s. 275(1)(2); s. 140 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 140 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4

141 Bus information: supplementary.E+W

(1)In considering how they should carry out their functions under sections 139 and 140, a local transport authority must have regard to a combination of economy, efficiency and effectiveness.

(2)In carrying out those functions, local transport authorities—

(a)must not act in such a way as to discriminate (whether directly or indirectly) against any operator, or class of operator, of local services, and

(b)must co-operate with one another.

(3)A local transport authority must have regard to the desirability, in appropriate cases, of carrying out those functions jointly with another authority (whether as respects the whole or any part of their combined area).

Modifications etc. (not altering text)

Commencement Information

I3S. 141 wholly in force at 1.8.2001; s. 141 not in force at Royal Assent see s. 275(1)(2); s. 141 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 141 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 4

[F4141APower to require provision of information about English bus servicesE+W

(1)The Secretary of State may by regulations require—

(a)applicants for the registration of relevant local services, or for the variation or cancellation of any such registration, to provide prescribed information—

(i)in relation to the services, or

(ii)in connection with the application;

(b)operators of registered relevant local services to provide prescribed information in relation to the services;

(c)local transport authorities to provide prescribed information in relation to relevant local services which have one or more stopping places in their areas;

(d)traffic commissioners to provide prescribed information that is held by them in relation to relevant local services.

(2)The information that may be prescribed is such information within subsection (3) as appears to the Secretary of State to be required—

(a)in order to make information about relevant local services available to users or prospective users of those services, or

(b)in order to facilitate the exercise of functions relating to the registration of relevant local services.

(3)The information within this subsection is—

(a)information about routes, stopping places, timetables, fares and tickets,

(b)information about changes or proposed changes to routes, stopping places, timetables, fares and tickets, and

(c)information about the operation of the services.

(4)The information within subsection (3)(c) includes—

(a)live information, that is to say information provided immediately it becomes available about the location of vehicles operating the services and the time at which they stop, or are expected to stop, at stopping places, and

(b)information about the operation of the services in the past.

(5)The regulations may make provision about—

(a)the person to whom the information is to be provided,

(b)the time when it is to be provided, and

(c)the manner and form in which it is to be provided (including, in particular, provision requiring it to be provided electronically).

(6)The provision made under subsection (5)(a) may not require the information to be provided to a person other than—

(a)the Secretary of State;

(b)a local transport authority whose area is in England;

(c)a person prescribed in the regulations, being a person who provides or facilitates the provision of, or is to provide or facilitate the provision of, information about relevant local services to users or prospective users of those services.

(7)The regulations may provide that a reference in the regulations to a standard according to which the information is to be provided is to be construed as a reference to that standard as it has effect from time to time.

(8)The regulations may make provision as to the use and disclosure of the information, including—

(a)provision for the information to be made available free of charge and without restrictions on its use and disclosure, and

(b)provision for information provided in connection with an application for registration, or for the variation or cancellation of a registration, to be provided to a traffic commissioner.

(9)The regulations may make different provision for different areas.

(10)Before making regulations under this section the Secretary of State must consult—

(a)such persons or organisations as appear to the Secretary of State to represent the interests of operators and users of relevant local services,

(b)such persons or organisations as appear to the Secretary of State to represent the interests of local transport authorities whose areas are in England, and

(c)such other persons or organisations as the Secretary of State considers appropriate.

(11)The references to traffic commissioners in subsections (1)(d) and (8)(b) are to be read as including references to any local transport authority carrying out the functions of a traffic commissioner in accordance with section 6G of the Transport Act 1985.

(12)In this section—

(a)“relevant local service” means a local service which has one or more stopping places in the relevant area,

(b)references to registration, in relation to a relevant local service, are to registration under section 6 of the Transport Act 1985,

(c)“prescribed” means prescribed by regulations under this section, and

(d)“relevant area” means England outside Greater London.

(13)Where a local service is or is to be provided both inside and outside the relevant area, any part of the service which is or is to be provided outside the relevant area is to be treated as a separate service for the purposes of subsection (12)(a) if there is any stopping place for that part of the service outside the relevant area.]

Textual Amendments

F4S. 141A inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 18(1), 26(3)

Modifications etc. (not altering text)