http://www.legislation.gov.uk/id/ukpga/2000/38

C14 C24 C25 C31 C32 C33 C34 C37 C48 C49 C54 C59 C62 C65 C67 C80Part II Local transport

Annotations:

Modifications etc. (not altering text)

C14

Pt. 2: power to amend conferred (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 9(1)(2), 10(1)(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)

C24

Pt. 2: transfer of functions (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 8(1)(b) (with arts. 8(4), 12)

C25

Pt. 2: transfer of functions (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 8, 9 (with art. 11)

C31

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

C32

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

C33

Pt. 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)

C34

Pt. 2 functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 8(b)

C37

Pt. 2 functions made exercisable (8.5.2017) by The Tees Valley Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/431), arts. 1(2), 4(1)(2)

C48

Pt. 2: transfer of functions (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 7 (with art. 28)

C49

Pt. 2 functions made exercisable (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 9 (with art. 28)

C54

Pt. 2 applied (with modifications) (W.) (28.2.2022) by The South East Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/343), regs. 1(3)(b), 12(2)

C59

Pt. 2 applied (with modifications) (30.6.2022) by The North Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/339), regs. 1(3)(b), 12(2)

C62

Pt. 2 applied (with modifications) (30.6.2022) by The Mid Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/342), regs. 1(3)(b), 12(2)

C65

Pt. 2 applied (with modifications) (W.) (30.6.2022) by The South West Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/352), regs. 1(3)(b), 12(2)

C67

Pt. 2: functions made exercisable (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(1)(2)

C80

Pt. 2: functions made exercisable (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(1)

Local transport plans and bus strategies

I1 C4 C12 C26 C48 C50 C49 C55 C77 C80108C48 C49 C54 C59 C62 C65 C67 Local transport plans.

1

Each local transport authority must—

C52 C63 C57 C60a

develop policies for the promotion and encouragement of safe, integrated, efficient and economic transport F48... to, from and within their area, and

C66b

carry out their functions so as to implement those policies.

2

F49In subsection (1), “transport” means —

a

F50the transport required to meet the needs of persons living or working in the authority’s area, or visiting or travelling through that area, and

b

F50the transport required for the transportation of freight;

andF51includes facilities and services for pedestrians.

C66F522ZA

Each local transport authority whose area is in England must—

a

in developing policies in accordance with subsection (1)(a), and

b

in carrying out their functions in accordance with subsection (1)(b),

comply with the duties set out in subsection (2ZB).

2ZB

The duties are—

a

to take into account any policies announced by Her Majesty's government, and

b

operators of any network or station, or of any railway services, in their area;

b

operators or providers of other transport services in their area, or organisations appearing to the authority to be representative of the interests of such persons;

c

organisations appearing to the authority to be representative of the interests of users of transport services and facilities in their area;

and must also consult any other persons whom they consider appropriate.

2D

Any expression which is used in subsection (2C)(a) or (b) and in Part 1 of the Railways Act 1993 has the meaning given in that Part, taking “railway” to have its wider meaning (see section 81 of that Act).

3

As soon as practicable after any occasion when they prepare a new plan or alter their plan, the authority must—

a

publish the plan or the plan as altered in such manner as they think fit, and

b

send a copy of it to the Secretary of State F9... and to such other persons (if any) as may be specified in guidance under section 112(1).

C684

The authority must also—

a

cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit,

b

give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and

c

supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

F545

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F546

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C56109AC48 C49 C54 C67F5Approval of plans: Wales

1

A local transport authority whose area is in Wales must submit their local transport plan to the National Assembly for Wales for its approval.

2

If the Assembly refuses to approve a plan submitted to it by a local transport authority under this section—

a

the Assembly must give the local transport authority a statement of the reasons for its refusal, and

b

the authority must prepare another local transport plan and submit the plan to the Assembly for its approval.

3

If the Assembly approves a local transport plan under this section, the plan has effect when the approval is given.

4

The Assembly may approve a local transport plan under this section if (but only if) it considers—

a

that the plan is consistent with the Wales Transport Strategy, and

b

that the policies contained in the plan are adequate for the implementation in the authority's area of the Strategy.

F145

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and

c

supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

109CC48 C49 C54 C67Transitional provisions: Wales

1

Where a local transport authority whose area is in Wales have, before 1st August 2001, prepared and published a document which—

a

contains policies developed by them for the purposes described in section 108(1)(a), and

b

was prepared and published in accordance with guidance issued by the National Assembly for Wales,

that document shall be taken to be the authority's local transport plan.

2

But, in the case of a document which is a local transport plan by virtue of subsection (1), section 109B(3) requires its replacement not later than such date as is specified in an order made by the National Assembly for Wales (rather than not later than five years after the date on which it was approved under section 109A).

3

For the purposes of section 109B(3), a local transport plan made before the coming into force of section 109A by a local transport authority whose area is in Wales shall be taken to have been approved under section 109A on the date on which it was made.

F55110C48 C49 C54 C67 Bus strategies.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56111C48 C49 C54 C67 Consultation and publicity about bus strategies.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I3 C6 C80 C78112C48 C49 C54 C67 Plans and strategies: supplementary.

1

In carrying out their functions under F57sections 108 to 109B , a local transport authority must have regard to any guidance concerning—

a

the content of local transport plans F58...,

b

the preparation of such plans F58...,

c

the alteration and replacement of such plans F58..., and

d

the publication and making available of such plans F58... as originally made and as altered or replaced,

which is issued from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

2

In developing F63and implementing their policies under section 108(1) F59..., a local transport authority must have regard to the transport needs of F64disabled persons (within the meaning of the F173Equality Act 2010) and of persons who are elderly or have mobility problems.

I4 C80 C78113C48 C49 C54 C67 Role of metropolitan district councils.

a

as to the timetable in accordance with which a local transport plan or alterations to a local transport plan must be prepared;

b

as to the action required to be taken to implement the policies contained in a local transport plan;

c

as to the steps required to be taken to remove the effects of action which is incompatible with those policies.

3

Directions under this section—

a

must be in writing;

b

may be varied or revoked by further directions under this section.

4

Before issuing, varying or revoking directions under this section the Assembly must consult the local transport authority concerned and any other persons it considers appropriate.

F210Bus services: advanced quality partnership schemes

Annotations:

Amendments (Textual)

F210

Ss. 113C-113O and cross-heading 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. 1, 26(3)

the steps to be taken by the authority or authorities under the scheme, and

b

the provision of local services of the standard or standards required by undertakings given under the scheme,

are likely to achieve one or more of the outcomes described in subsection (6) in relation to the whole or part of their area, or combined area.

6

The outcomes mentioned in subsection (5) are—

a

an improvement in the quality of local services that benefits persons using those services;

b

a reduction or limitation of traffic congestion, noise or air pollution;

c

an increase in the use of local services or an end to, or a reduction in, a decline in the use of local services.

7

An advanced quality partnership scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 113G.

8

The power to make an advanced quality partnership scheme includes power to provide for—

a

different facilities to be provided under the scheme,

b

different measures to be taken under the scheme, or

c

different standards of services to be provided under the scheme,

as from different dates after the scheme comes into operation.

9

An advanced quality partnership scheme must include a description of the authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working.

10

In carrying out their functions under this Part in relation to advanced quality partnership schemes, local transport authorities whose areas are in England must co-operate with one another.

11

In considering whether to make an advanced quality partnership scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.

C71 C80113DAdvanced quality partnership schemes: registration restrictions

1

If the authority or authorities making an advanced quality partnership scheme consider that it is necessary or expedient for any restrictions to be imposed on the registration of—

a

any local services, or

b

any local services of a particular description,

they may impose those restrictions (“registration restrictions”) by specifying or describing them in the scheme.

2

Any restrictions so imposed must be for the purpose of preventing or restricting—

a

the provision of local services, or

b

the variation or withdrawal of local services,

in cases where the authority or authorities consider that any such provision, or (as the case may be) variation or withdrawal, of services might be detrimental to the provision of services under the scheme.

3

Where a scheme includes any registration restrictions by virtue of subsection (1), it must also specify the criteria (“registration criteria”) by reference to which a traffic commissioner is to decide whether or not to accept an application for registration.

4

In this section “registration”, in relation to any service—

a

means registration of prescribed particulars of the service under section 6 of the Transport Act 1985 (registration of local services), and

b

includes a reference to the variation or cancellation of any such registration.

C71 C80113EAdvanced quality partnership schemes: facilities, measures and standards

1

The facilities which may be specified in an advanced quality partnership scheme—

a

must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but

b

may not be facilities which are required to be provided as a result of section 139 or 140.

2

The measures which may be specified in a scheme—

a

must be measures taken for the purpose of—

i

increasing the use of local services serving the routes to which the measures relate or ending or reducing a decline in the use of such services, or

ii

improving the quality of local services serving the routes to which the measures relate, but

b

may not include the provision of—

i

facilities falling within subsection (1)(a), or

ii

facilities which are required to be provided as a result of section 139 or 140.

3

The Secretary of State may by regulations make further provision about the measures which may or may not be specified in a scheme.

4

The standard of services which may be specified in a scheme includes—

a

requirements which the vehicles being used to provide the services must meet, including requirements about emissions or types of fuel or power, and

b

requirements as to frequency or timing of the services,

but the specification of any such requirements is not to prevent operators from providing services in excess of those requirements.

5

The standard of services which may be specified in a scheme may also include—

a

requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the scheme applies,

b

requirements as to the ways in which passengers may pay for journeys,

c

requirements about providing information to the public about local services or particular descriptions of local services, and

d

requirements as to the publicising of local services, fares or ticketing arrangements or particular descriptions of local services, fares or ticketing arrangements.

6

Requirements under subsection (5)(b), (c) and (d) may include requirements for operators of local services to co-operate with one another.

C407

A scheme may include a requirement falling within subsection (4)(b) or (5)(a) only if there are no admissible objections to the requirement from relevant operators.

C408

A scheme may include a requirement falling within subsection (4)(a) or (5)(b) that relates to an undertaking that would fall to be given under section 113C(4)(b) only if there are no admissible objections to the requirement from relevant operators.

9

Section 113N(3) to (8) makes further provision with respect to schemes which include the requirements referred to in subsections (7) and (8).

C71 C80113FAdvanced quality partnership schemes: traffic regulation orders

1

If the provision of any of the facilities or taking of any of the measures specified in an advanced quality partnership scheme requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State is the traffic authority), the scheme may not be made unless it is made by—

a

the local transport authority or authorities, and

b

the metropolitan district council for the district,

acting jointly.

2

If the provision of any of the facilities or taking of any of the measures specified in an advanced quality partnership scheme requires the making of a traffic regulation order in respect of a road for which the Secretary of State is the traffic authority, the scheme may not be made unless it is made by—

a

the local transport authority or authorities, and

b

the Secretary of State,

acting jointly.

3

Where subsection (1) or (2) applies so that a metropolitan district council or the Secretary of State is a maker of the scheme, then (subject to section 113M) the relevant references to the authority or authorities include (as well as the local transport authority or authorities)—

a

the metropolitan district council, or

b

the Secretary of State.

4

For the purpose of subsection (3) the relevant references are those in—

a

section 113C(3), (4), (5)(a) and (7), and

b

sections 113G to 113L,

and paragraph 27(2A) of Schedule 9 to the Road Traffic Regulation Act 1984.

C71 C80113GNotice and consultation requirements

1

If an authority or authorities propose to make an advanced quality partnership scheme, they must give notice of the proposed scheme in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates.

2

The notice must either contain full details of—

a

any facilities specified in the scheme,

b

any measures specified in the scheme,

c

the standards of services specified in the scheme,

d

any registration restrictions and registration criteria specified in the scheme, and

e

the plans described in the scheme for consulting in order to seek views on how well the scheme is working,

or state where such details may be inspected.

3

After giving notice of the proposed scheme, the authority or authorities must consult—

a

all operators of local services who would, in the opinion of the authority or authorities, be affected by it,

b

such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

c

any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,

d

a traffic commissioner,

e

the chief officer of police for each police area covering the whole or part of that area,

f

the Passengers' Council,

g

the Competition and Markets Authority, and

h

such other persons as the authority or authorities think fit.

4

For the purpose of subsection (3)(c) the following are relevant local authorities—

a

local transport authorities,

b

district councils in England,

c

National Park authorities,

d

the Broads Authority,

e

London transport authorities, and

f

councils in Scotland.

C71 C80113HMaking of scheme

1

If, after taking the steps described in section 113G, an authority or authorities decide that it is appropriate to make the advanced quality partnership scheme, they may make it as proposed or with modifications.

2

The scheme must specify each of the following—

a

any facilities to be provided under it by the authority or authorities,

b

any measures to be taken under it by the authority or authorities and the routes to which they relate,

c

the standards of services to be provided under it by operators of local services in accordance with their undertakings given in relation to facilities or measures to be provided or taken under the scheme,

d

any registration restrictions imposed by it and any registration criteria specified in it,

e

the date on which it is to come into operation,

f

the period for which it is to remain in operation, which must not be less than five years, and

g

if—

i

any facilities are to be provided under the scheme,

ii

any measures are to be taken under the scheme, or

iii

any standards of services are to be provided under the scheme,

as from a date after the scheme comes into operation, the date as from which they are to be so provided or taken.

3

The scheme may provide that—

a

local services specified in it, or

b

local services of a class specified in it,

are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.

4

The date as from which any particular facilities are to be provided, any particular measures are to be taken, or any services of a particular standard are to be provided, must not be earlier than—

a

in the case of facilities or measures, the latest of dates A to C (see subsections (6) to (8)), and

b

in the case of services, the later of dates A and D (see subsections (6) and (9)),

unless the case falls within subsection (5).

5

If under the scheme—

a

particular facilities are to be provided or particular measures are to be taken by the authority or authorities, and

b

as from the date by which the facilities are to be provided or the measures are to be taken, services of a particular standard are to be provided by operators of local services when using the facilities or when providing local services with stopping places on routes to which the measures relate,

the date as from which the facilities are to be provided or the measures are to be taken (and as from which the services are to be provided) must not be earlier than the latest of dates A to D.

6

Date A is the date 3 months after the date on which the scheme is made.

7

Date B is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for the authority or authorities to provide the facilities or take the measures.

8

Date C is the date 3 months after—

a

the date on which any traffic regulation order required for the provision of any of the facilities or taking of any of the measures is made, or

b

if more than one such order is required for the provision of the facilities or the taking of the measures, the date on which the last of them is made.

9

Date D is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for operators of local services to provide services of the particular standard.

10

Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of the making of the scheme—

a

in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates,

b

to all operators of local services who would, in their opinion, be affected by the scheme, and

c

to a traffic commissioner.

11

The notice must—

a

either contain full details of the scheme or state where such details may be inspected, and

b

if the scheme made is a modified version of that proposed, state that fact.

C71 C80113IPostponement of scheme or of provision of particular facilities, taking of particular measures or provision of particular standards of service

1

If it appears to the authority or authorities appropriate to do so, they may decide that any of the dates specified in subsection (3) shall be postponed by such period as they think fit.

2

A date may not be postponed under subsection (1) by a period or periods which in total exceed 12 months.

3

The dates are—

a

the date on which the scheme is to come into operation,

b

the date as from which any particular facilities are to be provided under the scheme,

c

the date as from which any particular measures are to be taken under the scheme, and

d

the date as from which any particular services are to be provided to a particular standard under the scheme.

4

Before making such a decision the authority or authorities must consult all operators of local services who would, in their opinion, be affected by the scheme.

5

Not later than 14 days after the date on which any such decision is made they must give notice of the decision—

a

in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates,

b

to all operators of local services who would, in their opinion, be affected by the scheme, and

c

to a traffic commissioner.

But subsections (4) and (5) do not apply in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 113H(3).

7

Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars of the service concerned registered under section 6 of the Transport Act 1985 (registration of local services).

C71 C80113KRegulations about schemes involving existing facilities or measures which are already in effect

1

The Secretary of State may by regulations make provision about the specifying in advanced quality partnership schemes of—

a

facilities which are already being provided before the schemes are proposed (“existing facilities”), and

b

measures which are already in effect before the schemes are proposed (“existing measures”).

2

The regulations may in particular—

a

provide that existing facilities may not be specified if they were being provided before a date prescribed by, or determined in accordance with, the regulations,

particular existing measures or classes of existing measures,

may be specified only with the consent of a person prescribed by, or determined in accordance with, the regulations, and

f

make provision modifying any provision of sections 113G to 113I in relation to schemes which specify existing facilities or existing measures.

C71 C80113LVariation or revocation of schemes

1

The authority or authorities who made an advanced quality partnership scheme may vary the scheme if they decide that it is appropriate to do so.

2

The authority or authorities who made a scheme may revoke it before the end of the period for which it would otherwise remain in operation if all persons who have given an undertaking to provide a service to the standard specified in the scheme consent to the revocation of the scheme; and such consent must not be unreasonably withheld.

3

If the variation of a scheme under subsection (1) would require the making of a traffic regulation order, the variation is subject to the same procedure as the making of a scheme.

4

Any other variation of a scheme under subsection (1), or the revocation of a scheme under subsection (2), is subject to that procedure, except to the extent that the procedure is modified by regulations made under section 113N.

C71 C80113MVariation: supplementary

1

The relevant references to the authority or authorities in relation to an advanced quality partnership scheme—

a

include a local transport authority if it has been varied so that it relates to that authority's area, but

b

do not include a local transport authority if it has been varied so that it no longer relates to that authority's area.

2

But if (although the scheme does not relate to a local transport authority's area) it would do by reason of a proposed variation, those references (apart from those in section 113J) include that authority.

3

The relevant references (apart from those in section 113C(1) and in the words before paragraph (a) of section 113C(5)) to the authority or authorities in relation to an advanced quality partnership scheme—

a

include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities or traffic regulation measures, but

For the purposes of this section—

a

facilities are traffic regulation facilities, in relation to a traffic regulation authority and an advanced quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so;

b

measures are traffic regulation measures, in relation to a traffic regulation authority and an advanced quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those measures or would have been required to be a maker of it had it done so.

C71 C80113NRegulations about schemes

1

The Secretary of State may by regulations make further provision with respect to—

a

the procedure to be followed when making, varying or revoking advanced quality partnership schemes,

b

the content or operation of schemes which include—

i

a requirement falling within section 113E(4)(b) or (5)(a), or

ii

a requirement falling within section 113E(4)(a) or (5)(b) relating to an undertaking that would fall to be given under section 113C(4)(b),

c

the local services or classes of local services which must be, or may be, excluded from schemes,

d

the conditions which must be, or may be, attached to such exclusions,

e

the form and manner in which undertakings are to be given to a traffic commissioner in connection with schemes,

f

the making of traffic regulation orders in connection with schemes, and

g

such other incidental matters in connection with advanced quality partnership schemes as the Secretary of State thinks fit.

2

The regulations may in particular make provision with respect to—

a

giving notice of proposed schemes or proposed variations or revocation of schemes,

b

objections to such proposals,

c

the holding of inquiries or hearings into objections,

d

modifications of such proposals,

e

the form of schemes or variations, and

f

giving notice of schemes which have been made or of the variation or revocation of schemes.

3

As regards schemes which include or would include—

a

a requirement described in subsection (1)(b)(i), or

b

i

by the Secretary of State to an adjudicator, or

ii

by the Secretary of State or an adjudicator to an assessor,

of such remuneration as may be determined by or in accordance with the regulations.

C71 C80113OGuidance about schemes

they may impose those restrictions (“registration restrictions”) by specifying or describing them in the scheme.

3B

Any restrictions so imposed must be for the purpose of preventing or restricting—

a

the provision of local services, or

b

the variation or withdrawal of local services,

3C

Where a scheme includes any registration restrictions by virtue of subsection (3A), it must also specify the criteria (“registration criteria”) by reference to which F178a traffic commissioner is to decide whether or not to accept an application for registration.

3D

In subsections (3A) to (3C) “registration”, in relation to any service,—

a

means registration of prescribed particulars of the service under section 6 of the Transport Act 1985 (registration of local services), and

b

includes a reference to the variation or cancellation of any such registration.

4

A quality partnership scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 115.

5

The facilities which may be specified in a scheme—

a

b

may not be facilities which are required to be provided as a result of section 139 or 140.

F1576

The standard of services which may be specified in a scheme includes—

a

requirements which the vehicles being used to provide the services must meet, and

b

requirements as to frequency or timing of the services,

but the specification of any such requirements is not to prevent operators from providing services in excess of those requirements.

F1586A

The standard of services which may be specified in a scheme may also include requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the scheme applies.

C18 C196B

section 127(7),

and paragraph 27(3) of Schedule 9 to the M1Road Traffic Regulation Act 1984.

11

In carrying out their functions under this Part in relation to quality partnership schemes, local transport authorities must co-operate with one another.

12

In considering whether to make a quality partnership scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.

I6 C1 C71 C80115 Notice and consultation requirements.

1

If an authority or authorities propose to make a quality partnership scheme, they must give notice of the proposed scheme in at least one newspaper circulating in the area to which it relates.

2

The notice must either contain full details of the facilities and standards of services F160, and of any registration restrictions and registration criteria, or state where such details may be inspected.

3

After giving notice of the proposed scheme, the authority or authorities must consult—

a

all operators of local services who would, in the opinion of the authority or authorities, be affected by it,

b

such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

c

any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,

F179d

a traffic commissioner,

e

the chief officer of police for each police area covering the whole or part of that area, and

f

such other persons as the authority or authorities think fit.

4

For the purpose of subsection (3)(c) the following are relevant local authorities—

a

local transport authorities,

F161b

district councils in England,

c

London transport authorities, and

d

councils in Scotland.

I7 C71 C80116 Making of scheme.

1

If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.

2

The scheme must specify F162each of the following—

a

the facilities to be provided under it by the authority or authorities,

b

the standard of services to be provided under it by operators of local services,

F163bb

any registration restrictions imposed by it and any registration criteria specified in it,

c

the date on which it is to come into operation, F172...

d

the period for which it is to remain in operation, which must not be less than five years.

F86e

if any facilities or standards of services are to be provided under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so provided.

3

The scheme may provide that—

a

local services specified in it, or

b

local services of a class specified in it,

are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.

F1644

The date as from which any particular facilities, or any services of a particular standard, are to be provided must not be earlier than—

a

in the case of facilities, the latest of dates A to C (see subsections (4B) to (4D)),

b

in the case of services, the later of dates A and D (see subsections (4B) and (4E)),

unless the case falls within subsection (4A).

4A

If under the scheme—

a

particular facilities are to be provided by the authority or authorities, and

b

as from the date by which the facilities are to be provided, services of a particular standard are to be provided by operators of local services when using the facilities,

the date as from which the facilities and the services are to be provided must not be earlier than the latest of dates A to D.

4B

Date A is the date 3 months after the date on which the scheme is made.

4C

Date B is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for the authority or authorities to provide the facilities.

b

to all operators of local services who would, in their opinion, be affected by the scheme F183, and

F183c

to a traffic commissioner

I8 C71 C80118 Effect of scheme.

F1681

The authority or authorities must—

a

provide each of the specified facilities not later than the date specified for its provision under the scheme, and

b

continue to provide it throughout the remainder of the period for which the scheme is in operation.

2

But subsection (1) does not apply in relation to any period during which the authority or authorities are temporarily unable to provide the facilities owing to circumstances beyond their control.

3

Nor does it apply in the case of the Secretary of State or the National Assembly for Wales if he or it is unable to provide the facilities owing to the variation or revocation of a traffic regulation order.

4

The operator of a local service may not use facilities provided under a quality partnership scheme unless—

a

he has given a written undertaking to F184a traffic commissionerF169that, when using the facilities on any date, he will provide the service to the standard specified in the scheme as it has effect in relation to that date, and

b

he provides the service to that standard when using the facilities, except in relation to any period during which he is temporarily unable to do so owing to circumstances beyond his control.

5

But subsection (4) does not apply in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 116(3).

6

Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the M2Transport Act 1985 (registration of local services) of the service concerned.

I9 C71 C80119F167 Regulations about schemes involving existing facilities.

1

The appropriate national authority may by regulations make provision about the specifying in quality partnership schemes of facilities which are already being provided before the schemes are proposed (“existing facilities”).

2

The regulations may in particular—

a

provide that existing facilities may not be specified if they were being provided before a date prescribed by, or determined in accordance with, the regulations,

b

provide that particular existing facilities or classes of existing facilities may not be specified (whenever they were first provided),

c

provide that particular existing facilities or classes of existing facilities may be specified only in circumstances prescribed by the regulations,

d

provide that, in circumstances prescribed by the regulations, particular existing facilities or classes of existing facilities may be specified only with the consent of a person prescribed by, or determined in accordance with, the regulations, and

e

make provision modifying any provision of sections 115 to 117 in relation to schemes which specify existing facilities.

I10 C71 C80120F167 Variation or revocation of schemes.

1

The authority or authorities who made a quality partnership scheme may vary the scheme if they decide that it is appropriate to do so.

2

3

If the variation of a scheme under subsection (1) would require the making of a traffic regulation order, the variation is subject to the same procedure as the making of a scheme.

4 I11 C71 C80121F167 Variation: supplementary.

1

The relevant references to the authority or authorities in relation to a quality partnership scheme—

a

include a local transport authority if it has been varied so that it relates to that authority’s area, but

b

do not include a local transport authority if it has been varied so that it no longer relates to that authority’s area.

2

But if (although the scheme does not relate to a local transport authority’s area) it would do by reason of a proposed variation, those references (apart from those in section 118) include that authority.

3

The relevant references (apart from those in section 114(1) and (3)) to the authority or authorities in relation to a quality partnership scheme—

a

include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities, but

the National Assembly for Wales.

8

For the purposes of this section facilities are traffic regulation facilities, in relation to a traffic regulation authority and a quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so.

the payment—

i

by the appropriate national authority to an adjudicator, or

ii

by the appropriate national authority or an adjudicator to an assessor,

of such remuneration as may be determined by or in accordance with the regulations.

I13 C71 C80123F167 Guidance about schemes.

1

The appropriate national authority may issue guidance concerning the carrying out by local transport authorities and metropolitan district councils of their functions under this Part in relation to quality partnership schemes.

2

Those authorities and councils must have regard to any such guidance.

F211Bus services: franchising schemes

Annotations:

Amendments (Textual)

F211

Ss. 123A-123X and cross-heading 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. 4, 26(3)

C80 C70123AC48 C49Franchising schemes

1

A franchising authority, or two or more franchising authorities acting jointly, may make a franchising scheme covering the whole or any part of their area, or their combined area.

2

A franchising scheme may not be made unless the franchising authority or authorities have complied with the requirements in sections 123B to 123G.

3

A franchising scheme is a scheme—

a

under which the authority or authorities identify the local services that they consider appropriate to be provided in an area under local service contracts,

b

by virtue of which those local services may only be provided in that area in accordance with local service contracts (subject to section 123O),

c

by virtue of which the authority or authorities may grant service permits for other local services which have a stopping place in that area (subject to section 123H(5)), and

d

under which the authority or authorities identify additional facilities that they consider appropriate to provide in that area.

4

In this Part “franchising authority” means—

C51a

a mayoral combined authority,

F305aa

a mayoral CCA;

b

a county council in England for an area for which there are district councils,

c

a county council in England for an area for which there is no district council,

d

a non-metropolitan district council for an area for which there is no county council,

e

an Integrated Transport Authority for an integrated transport area in England, F306...

f

a combined authority which is not a mayoral combined authorityF307, or

g

a combined county authority which is not a mayoral CCA.

But each of paragraphs (b) to F308(g) has effect only if the Secretary of State by regulations so provides.

5

In this Part “local service contract”, in relation to a franchising scheme, means an agreement that complies with section 123K(1) to (3) under which—

a

the franchising authority or authorities grant to another person the exclusive right to operate the local services to which the contract relates, and

b

the person undertakes to provide the local services on such terms (including in particular as to frequency, fares and standard of service) as may be specified in the agreement.

6

The terms as to standard of service that may be specified include terms about requirements which vehicles being used to provide the service must meet, including requirements about emissions or types of fuel or power.

7

A local service contract may be made on terms which include provision for the making of payments by the authority or authorities to the person undertaking to provide the local service.

8

Section 88(1) of the Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) does not apply in relation to local service contracts.

9

A franchising scheme must include a description of the franchising authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working.

10

A franchising authority's functions under this Part in relation to a franchising scheme are excluded from the functions to which section 101(1)(b) of the Local Government Act 1972 applies, where the franchising authority is a local authority within the meaning of section 101 of the Local Government Act 1972.

a London transport authority, or

c

a council in Scotland.

C80 C70123CC48 C49Consent of the Secretary of State and notice

1

A franchising authority or authorities may not prepare an assessment of a proposed franchising scheme under section 123B unless the Secretary of State consents to their doing so.

2

The Secretary of State's consent is not required if the proposed scheme relates only to—

a

the area of a mayoral combined authority, F309...

b

the combined area of two or more mayoral combined authoritiesF310,

c

the area of a mayoral CCA, or

d

the combined area of two or more mayoral CCAs.

3

The Secretary of State must publish a notice of a consent given under this section.

4

Before preparing an assessment of a proposed franchising scheme under section 123B, the authority or authorities must publish, in such manner as they consider appropriate, a notice stating that they intend to prepare such an assessment.

C80 C70123DC48 C49Audit

1

If, after preparing an assessment of a proposed franchising scheme under section 123B, the authority or authorities wish to proceed with the proposed scheme, they must obtain a report from an independent auditor on that assessment.

2

The auditor's report must state whether, in the opinion of the auditor—

a

the information relied on by the authority or authorities in considering the matters referred to in section 123B(3)(d) or (e) is of sufficient quality,

b

the analysis of that information in the assessment is of sufficient quality, and

c

the authority or authorities had due regard to guidance issued under section 123B in preparing the assessment.

3

The Secretary of State must issue guidance as to the matters to be taken into account by a franchising authority when selecting a person to act as an auditor.

4

Franchising authorities must have regard to any such guidance.

5

The Secretary of State must issue guidance concerning the matters to be taken into account by an auditor when forming an opinion as to whether the information relied on, and the analysis of that information, by an authority is of sufficient quality for the purposes of subsection (2).

6

Auditors must have regard to any such guidance.

7

For the purposes of this section an auditor is independent, in relation to an assessment of a proposed franchising scheme, if the person would not be disqualified from acting as local auditor of the accounts of the franchising authority, or any of the franchising authorities, under section 1214 of the Companies Act 2006 as substituted by paragraph 5 of Schedule 5 to the Local Audit and Accountability Act 2014.

8

In this section “auditor” means a person eligible for appointment as a local auditor by virtue of Chapter 2 of Part 42 of the Companies Act 2006 as modified by Schedule 5 to the Local Audit and Accountability Act 2014.

a London transport authority, or

f

a council in Scotland.

6

The authority or authorities may modify the proposed scheme after consulting those persons and organisations.

C80 C70123FC48 C49Consultation document

1

A consultation document under section 123E(2)(a) relating to a proposed franchising scheme must include—

a

a description of the area to which the proposed scheme relates,

b

a description of areas within that area for which different provision is proposed to be made, if such provision is proposed to be included in the proposed scheme,

c

a description of the local services that are proposed to be provided under local service contracts,

d

a description of the local services that are proposed to be excepted from regulation arising because of the proposed scheme,

e

the date on which the scheme is proposed to be made,

f

the date or dates by which it is proposed that local service contracts first be entered into,

g

the period or periods it is proposed will expire between the making of local service contracts and the provision of local services under such contracts,

h

a description of the authority's or authorities' proposed plans for consulting in order to seek views on how well the scheme is working,

i

a statement about how, in conducting the procurement process for the provision of local services, the authority or authorities propose to facilitate the involvement of small and medium-sized operators in the provision of local services, and

j

the date by which responses to the consultation must be received.

2

The consultation document must also include a summary of the assessment prepared under section 123B in relation to the proposed scheme.

C80 C70123GC48 C49Response to consultation

1

A franchising authority or authorities that conduct a consultation under section 123E must publish a report setting out—

a

the authority's or authorities' response to the consultation;

b

the authority's or authorities' decision on whether to make a franchising scheme covering the whole or any part of their area or combined area.

2

The authority or authorities must give notice of the report to a traffic commissioner.

3

If the authority or authorities decide to make a franchising scheme, the report must set out how, in conducting the procurement process for the provision of local services, the authority or authorities will facilitate the involvement of small and medium-sized operators in the provision of local services.

4

If a franchising authority are a mayoral combined authority, the function of deciding whether to make a proposed franchising scheme is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to make a scheme jointly with one or more other franchising authorities).

F3115

If a franchising authority are a mayoral CCA, the function of deciding whether to make a proposed franchising scheme is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority (including in a case where the decision is to make a scheme jointly with one or more other franchising authorities).

in a case where the relevant scheme or plan relates only to the area to which the franchising scheme relates or a part of that area, provision revoking the relevant scheme or plan, or

b

in any other case, provision varying the relevant scheme or plan so that it ceases to relate to any part of the area to which the franchising scheme relates.

7

A franchising scheme may not otherwise vary a relevant scheme or plan.

8

In subsections (6) and (7)—

“relevant plan” means an enhanced partnership plan, and
“relevant scheme” means an advanced quality partnership scheme or an enhanced partnership scheme.

9

If provision is made under subsection (6)(b) to vary an enhanced partnership plan or scheme so that it ceases to relate to an area, the local transport authority or authorities to whose area or combined area the plan or, in the case of a scheme, the related plan continues to relate may vary the plan or, as the case may be, the scheme in such manner as they consider appropriate in consequence of the provision made under subsection (6)(b).

10

Section 138K(3) applies, and section 138K(4), (5) and (8) do not apply, to a variation under subsection (9).

C80 C70123IC48 C49Postponement of local service contracts

1

If it appears to the authority or authorities that have made a franchising scheme appropriate to do so, they may decide that—

a

the date specified under section 123H(2)(c), or

b

a date specified under section 123H(3)(b),

is to be postponed (or further postponed).

2

Before making such a decision they must (if possible) consult—

a

persons operating local services who would, in their opinion, be affected by the decision;

b

other persons whom, in their opinion, it would be appropriate to consult.

3

Within a period of 14 days beginning with the date on which any such decision is made they must give notice of the decision—

a

in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates,

b

to all persons operating local services who would, in their opinion, be affected by the decision, and

c

to a traffic commissioner.

4

The notice must include a statement of the reasons for making the decision.

a person is operating or has operated a local service in contravention of subsection (3), and

b

in operating that local service, the person is failing or has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening subsection (3),

the authority must inform a traffic commissioner.

7

The effective time, in relation to a local service contract, is the beginning of the day on which a local service may first be provided under the contract (see sections 123K(4) and 123L).

the contract is—

i

the first contract for the provision of a local service specified in the scheme that is entered into, or

ii

for any scheme sub-area, the first contract for the provision of a local service specified in relation to that scheme sub-area that is entered into,

they must give notice of the contract to a traffic commissioner.

7

A notice under subsection (6) must be given within a period of 14 days beginning with the date on which the local service contract in question is entered into.

C80 C70123LC48 C49Exceptions to section 123K

1

A local service contract may specify as the time when a local service may first be provided under the contract a time before the expiry of such period as is described in section 123K(4)(a), and that service may be provided from that time, if the authority or authorities determine that action is urgently required for the purpose of—

a

maintaining an existing service,

b

securing the provision of a service in place of a service which has ceased to operate, or

c

securing the provision of a service to meet any public transport requirement which has arisen unexpectedly and ought in the opinion of the authority to be met without delay.

2

A determination under subsection (1) must be made at or before the time that the authority or authorities enter into the contract.

C80 C70123MC48 C49Variation of scheme

1

The franchising authority or authorities operating a franchising scheme may vary, or acting jointly may vary, the scheme.

2

If the authority or authorities decide to vary a franchising scheme, the authority or authorities must—

a

publish a notice of the decision, and

b

give notice of the decision to a traffic commissioner.

3

The notice of the decision must state the date on which the variations of the scheme are to have effect.

4

The date must fall after a period of six months beginning with the date on which notice of the decision is published.

5

The notice must be published, and notice must be given to a traffic commissioner, within a period of 14 days beginning with the date on which the decision was made.

6

If a franchising authority are a mayoral combined authority, the function of deciding whether to make a proposed variation is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to act jointly to vary a scheme).

F3126A

If a franchising authority are a mayoral CCA, the function of deciding whether to make a proposed variation is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority (including in a case where the decision is to act jointly to vary a scheme).

7

The references in subsections (1) to (6) to the franchising authority or authorities in relation to a franchising scheme include a reference to a franchising authority who are not operating the scheme but would do so under a proposed variation.

8

The variation of a franchising scheme is subject to the same procedure as the making of a franchising scheme, except that—

a

the procedure may be modified or excluded in its application to the variation of a scheme by regulations under section 123U,

b

sections 123B, 123C, 123D and 123F(2) do not apply, and

c

section 123G(3) does not apply.

9

If the variation of a franchising scheme would involve adding an area to the area to which the scheme relates, subsection (8) has effect in relation to the variation but without subsection (8)(b).

the procedure may be modified or excluded in its application to the revocation of a scheme by regulations under section 123U, and

b

section 123G(3) does not apply.

C80 C70123OC48 C49Interim services and replacement services

1

This section applies if—

a

a franchising authority or authorities have entered into a local service contract with another person (“the operator”) about providing a local service (“the original service”) for a period, and

b

the operator fails to provide the original service or ceases to provide the original service before the end of the period.

2

The authority, or any one of the authorities, may provide a local service (an “interim service”) in the place of the original service or a part of it.

3

Subsection (2) has effect notwithstanding any prohibition, restriction or limitation on the power of the authority to provide local services contained in any other enactment, apart from the restriction in section 22 of the Bus Services Act 2017.

4

A franchising authority providing an interim service must have a PSV operator's licence to which no condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licence) prohibiting the authority from using vehicles under the licence to provide services of that description.

5

A franchising authority may not provide an interim service after the end of the period of six months beginning with the day on which the authority begins to provide the service, subject to subsection (7).

6

If—

a

an interim service is provided, and

b

the authority or authorities decide to enter into a local service contract with another person for the provision of a local service (a “replacement service”) that would replace the original service or a part of it,

section 123K(4) does not apply in relation to the provision of the replacement service.

7

If the authority or authorities enter into a local service contract for the provision of a replacement service, the authority or the authority providing the interim service may continue to provide it until the replacement service begins to be provided.

8

An interim service or replacement service need not be identical to the original service, or the part of the original service, that is replaced by the interim service or the replacement service (and such a change is not to be regarded as a variation of the scheme for the purposes of section 123M).

9

In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

C80 C70123PC48 C49Service permits

1

This section applies where a franchising scheme covers the whole or part of the area or combined area of a franchising authority or authorities.

2

The authority or authorities, acting jointly, may grant a permit (a “service permit”) authorising a person to provide a local service in the area to which the scheme relates.

C80 C70123QC48 C49Application for service permit

1

An application for a service permit authorising a person to provide a particular local service in an area to which a franchising scheme relates must be made in such manner as the authority or authorities operating the scheme may determine.

2

An application must be accompanied by such information as the authority or authorities operating the scheme may specify.

3

If the authority or authorities so require, an application for a service permit must be accompanied by a fee for processing the application of an amount that is determined in accordance with regulations made by the Secretary of State.

4

Regulations under subsection (3) may specify the maximum amount of the fee.

5

The authority or authorities must grant the service permit applied for if they are satisfied that—

a

the proposed service will benefit persons making journeys on local services in the area to which the scheme relates, and

b

the proposed service will not have an adverse effect on any local service that is provided under a local service contract in the area to which the scheme relates.

6

The authority or authorities may not grant the service permit applied for if they are not satisfied as to the matters in subsection (5)(a) and (b).

7

If the authority or authorities do not grant a service permit, they must give notice of their reasons to the applicant within a period of ten days beginning with the date on which they decide not to grant the service permit.

a service permit already granted by them,

conditions, or conditions of a description, specified in the notice.

7

If a notice under subsection (1) is withdrawn, conditions attached to service permits granted by the franchising authority or authorities before it was withdrawn cease to have effect (subject to being attached again under subsection (6)(b)).

8

If the authority or authorities grant a service permit with conditions, they must give notice of their reasons for doing so to the applicant within a period of 14 days beginning with the date on which they grant the service permit with those conditions.

9

If the authority or authorities attach conditions to a service permit after it is granted, they must give notice of their reasons for doing so to the holder of the service permit within a period of 14 days beginning with the date on which they attach those conditions.

C80 C70123SC48 C49Revocation and suspension

1

A franchising authority or authorities may revoke or suspend a service permit granted by them.

2

The grounds on which a franchising authority or authorities may revoke or suspend a service permit are—

a

that a matter in section 123Q(5)(a) or (b) is not satisfied as regards the service to which the service permit relates,

b

that the holder of the service permit has failed to comply with a condition attached to the service permit, and

c

that the public would be endangered if the service continued to operate.

3

The Secretary of State may by regulations make provision about the period of notice that must expire before a revocation or suspension takes effect.

4

The regulations may, in particular, enable a franchising authority or authorities to revoke or suspend a service permit with immediate effect if the permit is revoked or suspended on the ground mentioned in subsection (2)(c).

5

A service permit is of no effect during a period of suspension.

the person who appealed under subsection (1), (2), (3) or (4),

b

the franchising authority or authorities whose decision was appealed, and

c

a traffic commissioner.

propose or decide to vary or revoke a scheme under section 123M or 123N, or

b

having varied a scheme under section 123M, propose or decide to postpone a date on which a local service contract to provide a local service specified in the scheme may first be entered into.

C80 C70123VC48 C49Transitional provision about schemes

1

The Secretary of State may by regulations make such transitional provision as the Secretary of State considers appropriate in connection with—

a

the making of franchising schemes,

b

the application of section 123J in relation to an area (effect of local service contracts: sections 6 to 9 of the Transport Act 1985 and provision of services),

c

the variation of franchising schemes, and

d

the revocation of franchising schemes.

2

The regulations may in particular provide that in prescribed circumstances—

a

any provision of sections 6 to 9 of the Transport Act 1985 (registration of local services), or of sections 89 to 92 of that Act (obligation to invite tenders etc), which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or

b

b

require a traffic commissioner to register a service on an application by a person who, immediately before the scheme was revoked or varied, provided the same service under a service permit.

7

Any regulations made by virtue of subsection (1)(a) are not to have effect in the case of any franchising scheme as respects any time before the making of the scheme.

C80 C70123WC48 C49Guidance about schemes

1

The Secretary of State may issue guidance concerning the exercise by franchising authorities of their functions under this Part in relation to franchising schemes.

2

Franchising authorities must have regard to any such guidance.

C80 C70123XC48 C49Local service contracts: application of TUPE

1

Subsection (3) applies to a situation in which—

a

at the effective time of a local service contract, local services cease to be provided by a person (the “former operator”) in—

i

the area to which the relevant franchising scheme relates, or

ii

in the case of a franchising scheme which provides for scheme sub-areas, the relevant scheme sub-area,

in accordance with section 123J(3), and

b

at the same time, a person (the “new operator”) begins to provide local services in that area under that local service contract.

2

Subsection (3) also applies to a situation in which—

a

local services which, at the effective time of a local service contract, a person (the “former operator”) would be required by section 123J(3) to cease providing in—

i

the area mentioned in subsection (1)(a)(i), or

ii

ii

under provision made by regulations, count as being broadly comparable to, or better than, those rights.

10

For the purposes of subsection (9)—

“transferring original employee” means a transferring employee—
1. a
  who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant franchising scheme relates, and
2. b
  whose contract of employment—
  1. i
    was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, or
  2. ii
    on each occasion when the employee was subject to a relevant transfer became, either by virtue of TUPE or by virtue of this section, a contract of employment with a person providing local services in the area referred to in paragraph (a);
“relevant date”, in relation to a franchising scheme, means—
1. a
  the date on which the scheme was made, or
2. b
  where—
  1. i
    the local services being provided by the original operator were not subject to the scheme when it was made, and
  2. ii
    as a result of the variation of the scheme, those services became subject to the scheme,
  the date on which that variation was made;
“relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE.

Bus services: quality contracts schemes F227 in Wales

Annotations:

Amendments (Textual)

F227

Words in s. 124 cross-heading 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), s. 26(3), Sch. 2 para. 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23712

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23713

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I15125 Notice and consultation requirements.

1

If an authority or authorities propose to make a quality contracts scheme, F113they must—

F113a

publish, in such manner as they think fit, a consultation document complying with subsection (1A),

F113b

supply a copy of that document to each of the persons mentioned in subsection (3),F238and

F113c

give notice in accordance with subsection (2) of the proposed scheme in at least one newspaper circulating in the area to which it relates, F239...

F239 d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1121A

The consultation document mentioned in subsection (1)(a) must include—

a

a description of the proposed scheme;

b

a statement of the reasons why the authority or authorities are satisfied that the conditions in subsection (1) F240... of section 124 are met;

c

a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the implementation of the scheme;

d

a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;

e

a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—

i

any estimated income from fares, and

ii

any grants from Ministers of the Crown or government departments,

any remaining funding required to implement the scheme can be provided from other resources available to the authority or authorities;

f

the date by which any written responses to the consultation must be submitted to the authority or authorities.

F1121B

The description of the proposed scheme contained in the consultation document in accordance with subsection (1A)(a) must include—

a

an outline of the local services which are proposed to be provided under it;

b

a statement of any proposed exclusions from the scheme by virtue of section 127(4).

F1121C

In subsection (1A)(e) “chief finance officer”, in relation to a local transport authority, means that officer of the authority who is responsible under—

a

section 151 of the Local Government Act 1972, or

b

b

district councils in England,

c

London transport authorities, and

d

councils in Scotland.

5

The authority or authorities may modify the proposed scheme following those consultations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F243126CRequests for boards to begin consideration etc of proposed schemes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F243126DConsideration of proposed schemes by boards

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F243126EPractice and procedure of boards

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I17127 Making of scheme.

F1211

The authority or authorities who proposed the scheme may make it—

F244a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

F245... in accordance with the requirements of subsection (1B).

F2461A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1211B

If—

F247a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

b

local services of a class specified in it,

are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.

5

The scheme may contain such ancillary provisions as the authority or authorities think fit.

6

The scheme may include provision—

a

varying or revoking any quality partnership scheme which only relates to the area of the authority, or combined area of the authorities, by which the scheme is made, or

b

varying any other quality partnership scheme to the extent that it so relates.

7

If provision is made under subsection (6)(b) to vary the quality partnership scheme so that it no longer so relates, such of the authorities by which it was made as did not make the quality contracts scheme—

a

may (subject to the provision so made) vary it if they decide that it is appropriate to do so, or

b

may revoke it if all persons who have given an undertaking to provide a service to a standard specified in the scheme consent to the revocation of the scheme (which consent must not be unreasonably withheld);

and subsections (3) and (4) of section 120 apply to a variation or revocation under this subsection.

8

Not later than 14 days after the date on which the scheme is made, the authority or authorities must—

a

give notice in at least one newspaper circulating in the area to which the scheme relates, and

b

send a copy of the scheme to F188a traffic commissioner.

9

The notice must state—

a

that the scheme has been made,

b

where a copy of the scheme may be inspected, and

F126c

the date or dates on which the scheme, or the different provisions of the scheme, are to come into operation.

F9510

The appropriate national authority may by order vary any of the periods mentioned in subsection F248... (1B) or (2A).

F249127AAppeals against the making of schemes for areas in England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F249127BPowers of the Transport Tribunal on an appeal under section 127A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I18128 Postponement of scheme.

1

If it appears to the authority or authorities who made the scheme appropriate to do so, they may decide that the date on which the scheme F127, or any particular provision of the scheme, would otherwise come into operation F128, or come into operation for any particular purpose or purposes, shall be postponed by such period as they think fit (subject to any provision of regulations made under subsection (4)).

2

Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the decision.

3

Not later than 14 days after the date on which any such decision is made they must give notice of the decision—

a

in at least one newspaper circulating in the area to which the scheme relates, F189...

b

to all operators of local services who would, in their opinion, be affected by the decision F190, and

F190c

to a traffic commissioner

4

The appropriate national authority may by regulations make provision with respect to postponements under subsection (1).

5

The regulations may in particular make provision—

a

as to the maximum period of postponements, and

b

requiring authorities to re-issue invitations to tender in accordance with section 130.

I19129 Effect of scheme.

1

During any period in which the scheme F129, or (in the case of a scheme which provides for different provisions to come into operation on different dates) any provision of the scheme, is in operation—

a

1

Section 130 does not apply in any case where it appears to the authority or authorities that action is urgently required for the purpose of—

a

maintaining an existing service,

b

securing the provision of a service in place of a service which has ceased to operate, or

c

securing the provision of a service to meet any public transport requirement which has arisen unexpectedly and ought in the opinion of the authority to be met without delay.

2

The appropriate national authority may by regulations make provision for further exceptions from section 130, including in particular with respect to—

a

cases in which no tender, or no acceptable tender, is submitted in response to an invitation to tender issued under section 130(1) or under any provision made by virtue of subsection (5)(a), and

11

Section 130 (tendering) applies to a scheme that continues in operation under this section (whether or not the proposal for the scheme to continue in operation was an exempt continuation proposal) but subject to regulations made by the appropriate national authority under section 133(3).

there has been a change in the area of the authority, or of any of the authorities, that last made or continued the scheme, or

b

a different authority has become the local transport authority for some or all of the area to which the scheme relates,

but it is not proposed that under the continuation scheme any descriptions of local services are to be provided under quality contracts in addition to the descriptions of local services so provided under the existing scheme.

5

Condition A is that it is not proposed under the continuation scheme that any local services which, immediately before the coming into force of that scheme, were unregulated services are under the continuation scheme to be provided under quality contracts.

6

Condition B is that it is not proposed under the continuation scheme that any services which, immediately before the coming into force of that scheme, were excluded services in the case of the existing scheme are not to be excluded services in the case of the continuation scheme.

7

In this section—

“the continuation scheme” means the scheme as proposed to continue in operation;
“excluded services”, in the case of any quality contracts scheme, means any local services, or class of local services, which are excluded from the scheme by virtue of section 127(4);
“the existing scheme” means—
1. a
  the scheme as last continued or varied, or
2. b
  if the scheme has not previously been continued or varied, the scheme as originally made;
“unregulated services” means any local services provided otherwise than—
1. a
  under a contract with one or more local transport authorities, or
2. b
  by an authority or authorities acting under section 132C(2) (power to provide interim services in exceptional circumstances);

b

supply a copy of that notice to each of the persons mentioned in section 125(3) as it applies by virtue of section 131A, and

c

give notice of the decision in accordance with section 127(8) and (9).

9

For the purposes of subsection (8)(a), the time allowed is the period of 6 months following the date of publication of the consultation document required by section 125(1)(a) as it applies by virtue of section 131A.

F256... the Tribunal may not make any order which has the effect of—

a

giving approval under section 126 as it applies by virtue of section 131D, or

b

dispensing with the need for any such approval,

but this is without prejudice to the temporary provision that may be made in directions falling within subsection (11)(c).

14

The appropriate national authority may make regulations with respect to the procedure to be followed in relation to a scheme in cases where the Tribunal decide that the proposal for continuation under section 131A was not an exempt continuation proposal.

F257131FAppeals where proposed continuation considered non-exempt

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

subsection (9) (areas in Wales),

except to the extent that section 132B (exemption for specific variations directed by F204Upper Tribunal on appeal) otherwise provides.

F2616

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2617

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2618

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1369

The variation or revocation of a scheme for an area in Wales—

a

requires the approval of the Welsh Ministers, except in the case of a variation which is an exempt variation, and

b

is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified or excluded by regulations made by the Welsh Ministers under section 133.

F13610

Section 130 (tendering) applies to a varied scheme (whether or not the variation is an exempt variation) but subject to regulations made by the appropriate national authority under section 133(3).

F13611

A variation of a scheme is an exempt variation for the purposes of this section if the variation is—

a

a reduction in the area to which the scheme relates,

b

a reduction in the descriptions of services which are to be provided under quality contracts, or

c

the provision of new exclusions from the scheme,

and a “non-exempt variation” is any other variation of a scheme.

F14312

The appropriate national authority may by regulations provide that in prescribed circumstances quality contracts schemes may be revoked by that authority before coming into operation.

directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a), (b) or (c) of section 132(11) (meaning of “exempt variation”) is met in the case of the variation,

c

11

Where the Tribunal give directions falling within subsection (10), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order.

12

F262... the Tribunal may not make any order which has the effect of—

a

giving approval under section 126 as it applies by virtue of section 132, or

b

dispensing with the need for any such approval,

but this is without prejudice to the temporary provision that may be made in directions falling within subsection (10)(c).

13

The appropriate national authority may make regulations with respect to the procedure to be followed in cases where the Tribunal decide that the variation or proposed variation was not an exempt variation for the purposes of section 132.

C30132BF105Exemption from s.132 for specific variations directed by Tribunal

1

This section applies in relation to any of the following appeals—

F263a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

an appeal under section 131E(2)(a) against a decision that a proposal was an exempt continuation proposal,

c

an appeal under section 131E(2)(b) against a decision that a scheme should continue in operation,

d

an appeal under section 131F(2) against a decision that a scheme should continue in operation,

e

an appeal by virtue of section 132 against a decision to vary a scheme,

f

an appeal under section 132A(2)(a) against a decision that a variation was an exempt variation for the purposes of section 132,

g

an appeal under section 132A(2)(b) against a decision as to the variation of a scheme under section 132.

2

Where—

a

any such appeal is made to the F208Upper Tribunal, and

b

on that appeal, the Tribunal direct the authority or authorities to vary the scheme in the manner specified by the Tribunal in the direction,

nothing in section 132(5) to (9) (procedure for variation of scheme) applies in relation to the varying of the scheme in the manner specified in the direction, unless the Tribunal otherwise direct.

3

Subsection (2) is without prejudice to any right of appeal against the decision of the F209Upper Tribunal.

132CF106Power of authorities to provide services in exceptional circumstances

1

This section applies where a person who has agreed to provide a service (“the old service”) in accordance with a quality contract ceases to do so before the end of the period for which the contract was intended to have effect.

2

The authority, or any one of the authorities, who entered into the quality contract may, in accordance with subsections (4) to (8) and section 132D, provide a local service (an “interim service”) in place of the old service or any part of it.

3

Subsection (2) has effect notwithstanding any prohibition, restriction or limitation contained in any other enactment on the power of the authority to provide local services.

4

enter into a quality contract to provide a replacement service in place of the relevant service or (as the case may be) the relevant part, or

b

8

The authority must not make more than one application under subsection (5)(b) in respect of any interim service.

9

In this section—

“interim service” and “replacement service” have the meaning given in section 132C;
“the relevant service” and “the relevant part” have the meaning given in subsection (1);

and, in any case where the authority entered into the quality contract for the provision of the relevant service jointly with one or more other authorities, references in this section to the authority entering into a quality contract for a replacement service, or issuing invitations to tender for such contracts, are references to those authorities acting jointly.

I23133 Regulations about schemes.

1

The appropriate national authority may by regulations make further provision with respect to—

a

the procedure to be followed when making, F144continuing, varying or revoking quality contracts schemes,

b

the approval of schemes F264...,

F265bb

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F265bc

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

the local services or classes of local services which are to be, or may be, excluded from schemes,

d

the conditions which must be, or may be, attached to such exclusions, and

e

such other incidental matters in connection with quality contracts schemes as the appropriate national authority thinks fit.

2

The regulations may in particular make provision with respect to—

a

giving notice of proposed schemes or proposed F145continuations, variations or revocation of schemes,

b

objections to such proposals,

c

the holding of inquiries or hearings into objections,

d

modifications of such proposals,

e

the form and manner of applications for approval of such proposals F266...,

F146ee

the procedure for determining such applications,

F267ef

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F267eg

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F267eh

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F267ei

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

the form of schemes F147, continuations or variations, and

g

giving notice of schemes which have been made or of the F148continuation, variation or revocation of schemes.

F993

The appropriate national authority may also make regulations modifying or excluding the application of provisions of this Part, so far as relating to quality contracts schemes, in cases where a local transport authority, or two or more local transport authorities acting jointly, do any of the following—

F268a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

propose or decide that a scheme should continue in operation (with or without modification) under section 131A,

c

propose or decide to vary or revoke a scheme under section 132.

4

Regulations made by virtue of subsection (3) must not exclude any requirement for the authority or authorities—

a

under section 126, to obtain the approval of the Welsh Ministers,

F269b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I24134 Transitional provision about schemes.

1

The appropriate national authority may by regulations make such transitional provision as it considers appropriate in connection with—

a

the coming into operation of quality contracts schemes F149or of provisions of such schemes,

b

the F150continuation in operation or variation of such schemes, and

c

the ending of such schemes (whether or not as a result of their revocation).

2

The regulations may in particular provide that in prescribed circumstances—

a

any provision of sections 6 to 9 of the M8Transport Act 1985 (registration of local services)F151, or of sections 89 to 92 of that Act (obligation to invite tenders etc), which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or

b

any such provision which would not otherwise have effect is to have effect or is to have effect with such modifications as may be prescribed,

in relation to the whole or any part of the area to which the scheme relates.

F973

Any regulations made by virtue of paragraph (a) of subsection (1) are not to have effect in the case of any quality contracts scheme as respects any time before the making of the scheme.

134AF107Guidance about schemes

1

The appropriate national authority may issue guidance concerning the performance by local transport authorities of their functions under this Part in relation to quality contracts schemes.

2

Those authorities must have regard to any such guidance.

134BF98Quality contracts: application of TUPE

d

provision requiring the authority or authorities who made a quality contracts scheme to provide all persons operating local services in the area to which the scheme relates with such information as may be prescribed, at such time as may be prescribed, so as to enable such persons to comply with any requirement imposed by virtue of paragraph (c) of this subsection;

e

provision requiring the authority or authorities who made a quality contracts scheme to ensure that any quality contract entered into with a person under the scheme, or any other agreement made with a person for the provision of local services in the area to which the scheme relates, is made on terms—

i

ii

that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee.

8

For the purposes of this section—

a

b

“pension protection” is secured for a transferring employee if after the change of employer referred to in paragraph (a)—

i

the employee has, as an employee of the new operator, rights to acquire pension benefits, and

ii

those rights are of such description as is prescribed by regulations.

9

The Secretary of State must exercise the power conferred by this section to make regulations containing provision falling within subsection (7)(e) so as to ensure—

a

that pension protection is required to be secured for every transferring original employee who, as an employee of the original operator, had rights to acquire pension benefits, and

b

that the rights to acquire pension benefits which a transferring original employee has as an employee of the new operator by virtue of paragraph (a) are rights which—

i

are the same as the rights the transferring original employee had as an employee of the original operator, or

ii

under provision made by regulations, count as being broadly comparable to, or better than, those rights.

10

For the purposes of subsection (9)—

“transferring original employee” means a transferring employee—
1. a
  who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant quality contracts scheme relates, and
2. b
  whose contract of employment—
  1. i
    was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, or
  2. ii
    on each occasion when the employee was subject to a relevant transfer became, either by virtue of TUPE or by virtue of this section, a contract of employment with a person providing local services in the area referred to in paragraph (a);
“relevant date”, in relation to a quality contracts scheme, means—
1. a
  the date on which the scheme was made, or
2. b
  where—
  1. i
    the local services being provided by the original operator were not subject to the scheme when it was made, and
  2. ii
    as a result of either the variation of the scheme, or the continuation of the scheme with modifications, those services became subject to the scheme,
  the date on which that variation, or (as the case may be) the decision to continue the scheme with those modifications, was made;
“relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE.

11

A person is guilty of an offence under this subsection if—

a

the person provides information in accordance with a requirement imposed by virtue of subsection (7)(c),

b

the information is false or misleading in a material particular, and

c

the person knows that it is or is reckless as to whether it is.

12

A person who is guilty of an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

F213Bus services: advanced ticketing schemes

Annotations:

Amendments (Textual)

F213

Ss. 134C-134G and cross-heading 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. 7, 26(3)

1

If a local transport authority for an area in England, or two or more such authorities, propose to make an advanced ticketing scheme under section 134C, they must give notice of the proposed scheme in such manner as they consider appropriate for bringing it to the attention of persons in the area to which it relates.

2

The notice must specify the date on which the scheme is proposed to come into operation.

3

After giving notice of the proposed scheme, the authority or authorities must consult—

a

all operators of local services who would, in the opinion of the authority or authorities, be affected by it,

b

such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

c

any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by the proposed scheme,

d

the Passengers' Council,

e

the Competition and Markets Authority, and

f

a traffic commissioner.

4

For the purpose of subsection (3)(c) the following are relevant local authorities—

a

local transport authorities,

b

district councils in England,

c

National Park authorities,

d

the Broads Authority,

e

London transport authorities, and

f

councils in Scotland.

C43 C74 C80134EMaking of scheme

1

If, after consulting in accordance with section 134D, the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.

2

If the scheme applies to tickets within section 134C(4)(d), it may only be made with the agreement of the operators of the connecting rail or tram services concerned.

3

The scheme must specify the date on which it is to come into operation, which must not be earlier than three months after the date on which it is made.

4

Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of the making of the scheme—

a

in such manner as they consider appropriate for bringing it to the attention of persons in the area to which it relates,

b

to a traffic commissioner,

c

to all operators of local services or services for the carriage of passengers by railway or by tramway (or by both) who would, in the opinion of the authority or authorities, be affected by it, and

d

to the Secretary of State if it applies to tickets within section 134C(4)(d).

5

The notice must set out the terms of the scheme and the date on which it is to come into operation.

6

The authority or authorities to whose area or combined area the scheme relates may vary or revoke the scheme.

7

If the proposed variation would result in the scheme relating to all or part of the area of another local transport authority, the reference in subsection (6) to the authority or authorities includes that other authority.

8

The variation or revocation is subject to the same procedure as the making of the scheme and in the application of that procedure—

a

a reference in sections 134C(1) to (9) and 134D and subsections (1) to (5) to making a scheme is to be treated as a reference to varying or revoking a scheme,

b

a reference in those provisions to the proposed scheme is to be treated as a reference to the scheme as proposed to be varied or to the proposed revocation of the scheme, and

c

a reference in those provisions to the date on which a scheme comes into operation is to be treated as a reference to the date on which the scheme as varied comes into operation or the date on which the scheme comes to an end.

C43 C74 C80134FEffect of scheme

During any period in which an advanced ticketing scheme is in operation, operators of local services to which the scheme relates must make and implement the arrangements required by the scheme.

C43 C74 C80134GGuidance

1

The Secretary of State may issue guidance concerning the exercise by local transport authorities of their functions under this Part in relation to advanced ticketing schemes.

2

The authorities must have regard to any such guidance in exercising those functions.

Bus services: ticketing schemes

I25 C9 C35 C74 C80135 Joint and through ticketing schemes.

C421

A local transport authority, or two or more such authorities acting jointly, may make a ticketing scheme covering the whole or any part of their area, or combined area, if they consider that the proposed scheme—

a

would be in the interests of the public, and

F83b

C447

In carrying out their functions under this Part in relation to ticketing schemes, local transport authorities must co-operate with one another.

C448

In considering whether to make a ticketing scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.

I26 C45 C74 C80136 Notice and consultation requirements.

1

If an authority or authorities propose to make a ticketing scheme, they must give notice of the proposed scheme in at least one newspaper circulating in the area to which it relates.

2

The notice must specify the date on which the scheme is proposed to come into operation.

3

After giving notice of the proposed scheme, the authority or authorities must consult—

a

all operators of local services who would, in the opinion of the authority or authorities, be affected by it,

b

such organisations appearing to the authority or authorities to be representative of users of local services as they think fit, and

F195c

a traffic commissioner.

I27 C46 C74 C80137 Making of scheme.

1

If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.

2

If the scheme applies to tickets within section 135(4)(d), it may only be made with the agreement of the operators of the connecting rail or tram services concerned.

3

The scheme must specify the date on which it is to come into operation, which must not be earlier than three months after the date on which it is made.

4

Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of it—

a

in at least one newspaper circulating in the area to which it relates,

F196b

to a traffic commissioner.

c

to all operators of local services or services for the carriage of passengers by railway or by tramway (or by both) who would, in the opinion of the authority or authorities, be affected by it,

d

to the F3Secretary of State if it applies to tickets within section 135(4)(d), and

e

in such other manner, or to such other persons or class of person, (if any) as the appropriate national authority may prescribe by regulations.

5

The notice must set out the terms of the scheme and the date on which it is to come into operation.

6

The authority or authorities may vary or revoke the scheme; and the variation or revocation is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified by regulations made by the appropriate national authority.

I28 C74 C80138 Effect of scheme.

During any period in which a ticketing scheme is in operation, operators of local services to which the scheme relates must make and implement the arrangements required by the scheme.

F214Bus services: enhanced partnership plans and schemes

Annotations:

Amendments (Textual)

F214

Ss. 138A-138S and cross-heading 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. 9, 26(3)

c

section 138K(1) and (3) to (5),

d

sections 138L and 138M,

e

section 138O, and

f

paragraph 27(4) of Schedule 9 to the Road Traffic Regulation Act 1984,

include (as well as the local transport authority or authorities) the metropolitan district council or the Secretary of State.

6

Subsection (5) is not to be taken as affecting the area indicated by references in the provisions mentioned in that subsection to the authority's or authorities' area or combined area.

In this section “multi-operator ticket” means a ticket, or a number of tickets purchased in a single transaction, entitling the holder to make a journey that involves or may involve, or journeys that involve or may involve, the use of local services provided by more than one operator.

C72 C80138DFacilities and measures

1

The facilities which may be specified in an enhanced partnership scheme—

a

b

may not be facilities which are required to be provided as a result of section 139 or 140.

2

The measures which may be specified in an enhanced partnership scheme—

a

must be measures taken for the purpose of—

i

increasing the use of local services serving the routes to which the measures relate or ending or reducing a decline in the use of such services, or

ii

improving the quality of local services serving the routes to which the measures relate, but

b

may not include the provision of such facilities as are described in subsection (1)(a) or as are required to be provided as a result of section 139 or 140.

3

The Secretary of State may by regulations make further provision about the measures which may or may not be specified in an enhanced partnership scheme.

C72 C80138EProvision relating to variation or revocation

1

An enhanced partnership scheme may specify cases in which the scheme may be varied or revoked in accordance with the scheme.

2

The scheme may provide for variation or revocation in a particular case to be subject to satisfying such conditions as the scheme specifies.

3

The cases that may be specified under subsection (1) as regards variation include cases where the variations in question consist only of such descriptions of variation as are specified in the scheme.

4

The conditions that may be specified under subsection (2) include conditions prohibiting variation or revocation where a number of operators of local services disagree to the variation or revocation.

In this section “the relevant day”, in relation to an enhanced partnership plan or scheme prepared by a local transport authority or authorities under subsection (1)(b), means the day before the authority or authorities send out a notice relating to that plan or scheme in accordance with subsection (1)(c).

b

make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

11

In this section “the relevant day”, in relation to a plan or scheme that a local transport authority or authorities intend to make, means the day before the authority or authorities send out notices relating to that plan or scheme in accordance in subsection (2).

local services specified in it, or

b

local services of a class specified in it,

are to be excluded from the scheme.

C72 C80138IPostponement of scheme or part of scheme

1

If it appears to a local transport authority or authorities that have made an enhanced partnership scheme appropriate to do so, they may decide that any of the dates specified in subsection (3) are to be postponed by such period as they think fit.

2

A date may not be postponed under subsection (1) by a period or periods which in total exceed 12 months.

3

The dates are—

a

the date on which the scheme is to come into operation,

b

the date as from which any particular requirement is to be imposed under the scheme,

c

the date as from which any particular facilities are to be provided under the scheme,

d

the date as from which any particular measures are to be taken under the scheme, and

e

the date as from which any particular condition under section 138E applies.

4

Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the scheme.

5

Not later than 14 days after the date on which any such decision is made, they must give notice of the making of the decision—

a

in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,

b

to all operators of local services who would, in their opinion, be affected by the scheme, and

c

to a traffic commissioner.

6

The notice must include a statement of their reasons for the decision.

is completed by the date specified in the plan or scheme as the date for completing that review.

9

If a requirement applies to a local service, the operator of the service must comply with that requirement.

10

Subsection (9) does not apply in relation to services which are excluded from the scheme because of any provision of the scheme made in accordance with section 138H(3).

in relation to the variation of an enhanced partnership plan, or

b

in relation to the variation of an enhanced partnership scheme, if the scheme is proposed to be varied at the same time as the related enhanced partnership plan is proposed to be varied,

include a reference to a local transport authority to no part of whose area the plan relates but to whose area or part of it the plan would relate under a proposed variation.

7

Nothing in this section prevents an enhanced partnership scheme being varied, in accordance with the scheme, in such cases as are allowed by the scheme (see section 138E).

8

Before varying an enhanced partnership plan, a local transport authority must have regard to the desirability, in appropriate cases, of varying a plan so as to include in the area to which the plan relates any part of the area of one or more other local transport authorities.

make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

C72 C80138NVariation: supplementary

1

The relevant references to the authority or authorities in relation to an enhanced partnership scheme—

a

include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities or measures, but

b

do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities or measures.

2

But if (although the scheme does not specify facilities or measures which are traffic regulation facilities or measures in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references to the authority or authorities in relation to an enhanced partnership scheme (apart from the relevant references in section 138J) include that authority.

3

And if (although the scheme specifies facilities or measures which are traffic regulation facilities or measures in relation to a traffic regulation authority)—

a

the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities or measures has been revoked, and

b

specify how a person's objection is to be evidenced.

12

Regulations under subsection (11)(d) may, in particular—

a

require that the revocation of a plan or scheme be disagreed to by such number of persons as, together, provide at least such proportion of the qualifying local services as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and

b

make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

C72 C80138PRegulations about plans and schemes

1

The Secretary of State may by regulations make further provision with respect to—

a

the procedure to be followed when making, varying or revoking enhanced partnership plans or schemes,

b

the content or operation of schemes which include a requirement falling within section 138C(1),

c

the local services or classes of local services which must be, or may be, excluded from schemes,

d

the making of traffic regulation orders in connection with schemes, and

e

such other incidental matters in connection with schemes as the Secretary of State thinks fit.

2

The regulations may in particular make provision with respect to—

a

giving notice of proposed schemes or proposed variations or revocations of enhanced partnership plans or schemes,

b

objections to such proposals,

c

modifications of such proposals,

d

the form of plans, schemes or variations, and

e

giving notice of plans or schemes which have been made or of the variation or revocation of plans or schemes.

C72 C80138QTransitional provision about schemes

1

The Secretary of State may by regulations make such transitional provision as the Secretary of State considers appropriate in connection with—

a

the making of enhanced partnership plans and schemes,

b

the coming into operation of provisions of enhanced partnership plans and schemes,

c

the variation of enhanced partnership plans and schemes, and

d

the revocation of enhanced partnership plans and schemes.

2

The regulations may in particular provide that in prescribed circumstances—

a

any provision of sections 6 to 9 of the Transport Act 1985 (registration of local services), or of sections 89 to 92 of that Act (obligation to invite tenders for subsidised services etc), which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or

b

any such provision which would not otherwise have effect is to have effect or is to have effect with such modifications as may be prescribed,

in relation to the whole or any part of the area to which the scheme relates.

3

The regulations may in particular provide for the application of requirements imposed under section 138A(5)(b) to local services that were registered under section 6 of the Transport Act 1985 before the requirements came into force.

4

Regulations made by virtue of subsection (3) may in particular—

a

make provision about recording requirements that apply to local services with the registered particulars of those local services;

b

make provision requiring the local transport authority or authorities that made an enhanced partnership scheme to notify a traffic commissioner of the local services or the descriptions of local services to which each requirement specified in the scheme would apply, subject to such exceptions as may be prescribed;

c

make provision for the cancellation of the registration of local services that could not be provided in accordance with requirements falling within section 138C(1);

d

make provision about the determination by the local transport authority or authorities that made an enhanced partnership scheme of what local services may be registered under section 6 of the Transport Act 1985 in place of local services whose registrations are cancelled under paragraph (c), including provision for awarding contracts authorising the provision of local services or local services of particular descriptions;

e

make provision as to the period during which the registration, or variation of registration, of local services is subject to provision under paragraph (d);

f

make provision for cancellation under paragraph (c) to be revoked if prescribed conditions are satisfied, including conditions relating to the variation or cancellation under section 6 of the Transport Act 1985 of the registration of one or more of the local services affected;

g

make provision for the time at which cancellation under paragraph (c) becomes effective to be postponed in prescribed circumstances;

h

make provision for appeals against—

i

decisions to record or not to record requirements under paragraph (a);

ii

decisions to cancel registrations of local services under paragraph (c).

5

Regulations made by virtue of subsection (4)(h) may in particular include provision about—

a

to whom an appeal may be made;

b

how an appeal may be made and dealt with;

c

further appeals;

d

who may be parties to an appeal or further appeal.

6

In this section “registered particulars”, in relation to a local service, means the particulars of the service required to be registered under section 6 of the Transport Act 1985.

C72 C80138RGuidance about plans and schemes

1

The Secretary of State may issue guidance concerning the carrying out by local transport authorities and metropolitan district councils of their functions under this Part in relation to enhanced partnership plans and schemes.

2

Those authorities and councils must have regard to any such guidance.

C72 C80138SApplication of TUPE

e

provision requiring the authority or authorities operating an enhanced partnership scheme to ensure that any awarded contract entered into with a person because of the scheme, or any other agreement made with a person for the provision of local services in the area to which the scheme relates, is made on terms—

i

ii

that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee.

8

For the purposes of this section—

a

C39b

“pension protection” is secured for a transferring employee if after the change of employer referred to in paragraph (a)—

i

the employee has, as an employee of the new operator, rights to acquire pension benefits, and

ii

those rights are of such description as is prescribed by regulations.

9

The Secretary of State must exercise the power conferred by this section to make regulations containing provision falling within subsection (7)(e) so as to ensure—

a

that pension protection is required to be secured for every transferring original employee who, as an employee of the original operator, had rights to acquire pension benefits, and

b

that the rights to acquire pension benefits which a transferring original employee has as an employee of the new operator by virtue of paragraph (a) are rights which—

i

are the same as the rights the transferring original employee had as an employee of the original operator, or

ii

under provision made by regulations, count as being broadly comparable to, or better than, those rights.

10

For the purposes of subsection (9)—

“transferring original employee” means a transferring employee—
1. a
  who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant enhanced partnership scheme relates, and
2. b
  whose contract of employment—
  1. i
    was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, or
  2. ii
    on each occasion when the employee was subject to a relevant transfer became, either by virtue of TUPE or by virtue of this section, a contract of employment with a person providing local services in the area referred to in paragraph (a);
“relevant date”, in relation to an enhanced partnership scheme, means—
1. a
  the date on which the scheme was made, or
2. b
  where—
  1. i
    the local services being provided by the original operator were not subject to the scheme when it was made, and
  2. ii
    as a result of the variation of the scheme, those services became subject to the scheme,
  the date on which that variation was made;
“relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE.

11

In this section—

“awarded contract” means a contract authorising a person to provide a local service that is awarded in accordance with—
1. a
  regulations made by virtue of section 6E(6) of the Transport Act 1985 (provision for services to be allocated), or
2. b
  regulations made by virtue of section 138Q(4)(d);
and an awarded contract is to be regarded as in force when the authority to provide a service has effect;
“relevant provision” means—
1. a
  section 6E(2) of the Transport Act 1985 (cancellation where incompatibility with a requirement falling within section 138C(1)), or
2. b
  regulations made by virtue of section 138Q(4)(c).

I30 C72 C80140 Duty of authority to make information available.

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

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).

I32 C72 C80142 Traffic regulation conditions to reduce or limit pollution.

In section 7 of the M9Transport Act 1985 (traffic regulation conditions to be met in provision of local services subject to registration), in subsection (4) (reasons for which conditions may be determined), insert at the end

; or
c
reduce or limit noise or air pollution.

I33 C72 C80143 Power to obtain information about local services.

1

A local transport authority may, in connection with the exercise of any of their functions relating to public transport, require an operator of local services to provide them with any information relating to the matters specified in subsection (2) which is in his possession or control.

2

The matters referred to in subsection (1) are—

a

the total number of journeys undertaken by passengers on the local services operated by the operator in the authority’s area or any part of its area,

b

the structure of fares for those journeys, and

c

the total distance covered by vehicles used by him in operating those local services.

3

The operator may be required to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it.

4

No information which—

a

has been provided under this section, or provided together with information so provided, and

b

relates to the affairs of an individual or to a particular business,

shall be disclosed during the lifetime of the individual or while the business continues to be carried on.

5

But subsection (4) does not apply to a disclosure made—

a

with the consent of the individual or the person for the time being carrying on the business,

C2b

in connection with the investigation of crime or for the purposes of criminal proceedings,

c

for the purposes of civil proceedings brought by virtue of this Act or the M10Transport Act 1985, or

d

in order to comply with the order of a court or tribunal.

6

A person who discloses information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

the Freedom of Information Act 2000, or

b

the Environmental Information Regulations 2004 (S.I. 2004/3391) or any regulations replacing those regulations.

In this section—

“relevant function” means—
1. a
  reviewing an enhanced partnership plan or the operation of an enhanced partnership scheme,
2. b
  determining whether and how to vary an enhanced partnership plan or scheme, or
3. c
  determining whether to revoke an enhanced partnership plan or scheme;
“relevant information” means information relating to a local service or passengers on a local service which is of a description specified in regulations made by the Secretary of State.

F294144 Civil penalties for bus lane contraventions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15Mandatory travel concessions for journeys not beginning on the London bus network

Annotations:

Amendments (Textual)

F15

S. 145A substituted for s. 145 (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 1, 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)

F15145 Mandatory concessions outside Greater London.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

about the form of agreements, and

c

as to the period for which a person may agree not to be entitled to the concessions mentioned in subsection (9)(a) and (b).

145BF24Wales: mandatory concessions

1

Any person to whom a current statutory travel concession permit has been issued by a travel concession authority in Wales and who travels on an eligible service on a journey (beginning at any time)—

a

between places in the authority's area,

b

between a place in the authority's area and a place outside but in the vicinity of that area, or

c

between places outside but in the vicinity of that area,

is entitled, on production of the permit, to a concession consisting of a waiver of the fare for the journey by the operator of the service.

2

And if the permit is in a form approved by the Welsh Ministers for the purpose of this subsection, subsection (1) has effect as if each reference in it to the authority's area were to Wales.

3

A travel concession authority in Wales must, on an application made to it by any person who appears to the authority to be an elderly or disabled person residing in its area, issue to the person free of charge a permit, in such form and for such period as the authority considers appropriate, indicating that he is entitled to the concession specified in subsection (1).

4

If it appears to a travel concession authority in Wales issuing a statutory travel concession permit to a disabled person that the person requires the assistance of a companion to travel on journeys on public passenger transport services, the authority must mark that clearly on the permit.

5

Where a person whose current statutory travel concession permit is marked in accordance with subsection (4) is entitled under this section to waiver of the fare for a journey, one companion travelling on the journey with the person (and nominated by the person as the person's companion for that journey) is also entitled to waiver of the fare for the journey.

6

The Welsh Ministers may issue guidance to travel concession authorities in Wales to which they must have regard in determining for the purposes of subsection (3) whether a person is a disabled person.

7

Before issuing guidance under subsection (6) the Welsh Ministers shall consult—

a

the Disabled Persons Transport Advisory Committee,

b

associations representative of travel concession authorities, and

c

such other persons as they think fit.

8

A person entitled to be issued with a statutory travel concession permit by a travel concession authority in Wales may agree with the authority that he is not to be entitled to the concession specified in subsection (1) for a period in return for being entitled during that period to receive travel concessions under a scheme under section 93 of the Transport Act 1985 (if the scheme provides that a person may not receive travel concessions under the scheme unless he so agrees).

9

The Welsh Ministers may by regulations make provision about agreements within subsection (8).

10

The regulations may in particular make provision—

a

requiring the serving of notices before an agreement is made,

b

about the form of agreements, and

c

as to the period for which a person may agree not to be entitled to the concession specified in subsection (1).

11

In this section “statutory travel concession permit” means a permit issued pursuant to subsection (3).

I34 C3 C21 C80 C76146 Mandatory concessions: supplementary.

In this Part—

“disabled person” means a person who—
1. a
  is blind or partially sighted,
2. b
  is profoundly or severely deaf,
3. c
  is without speech,
4. d
  has a disability, or has suffered an injury, which has a substantial and long-term adverse effect on his ability to walk,
5. e
  does not have arms or has long-term loss of the use of both arms,
6. f
  has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning, or
7. g
  would, if he applied for the grant of a licence to drive a motor vehicle under Part III of the M11Road Traffic Act 1988, have his application refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol,
F2“elderly person” means a person who has attained the age of 60 years,
“eligible service” means—
1. a
  F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. b
  F1... a bus service of a class specified in an order made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales),
F31“a half-price travel concession”, in relation to a journey, means reduction of the fare for the journey to not more than one-half of that applicable to an adult who is not entitled to any reduction,
F16“London authority” means a London borough council or the Common Council of the City of London,
“relevant time” means—
1. a
  any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the M12Banking and Financial Dealings Act 1971, or
2. b
  a time during the period from 9.30 a.m. to 11 p.m. on any other day, and
“travel concession authority” means—
1. a
  F177a council of a non-metropolitan district in England comprised in an area for which there is no county council,
2. b
  F176a county council in England,
3. ba
  F17a London authority,
4. c
  a Passenger Transport Executive for F34an integrated transport area in England, F29...
5. ca
  F18the Council of the Isles of Scilly, or
6. d
  a county council or county borough council in Wales.

I35 C13147F26Wales: variation of mandatory concessions

F25The Welsh Ministers may by order amend either or both of sections 145B and 146 for or in connection with securing that section 145B(1)—

a

applies to any person for the time being eligible to receive travel concessions under a scheme under section 93 of the M13Transport Act 1985 or to any such person of a specified description (as well as to any elderly person and any disabled person),

b

applies to travel on any public passenger transport service or to travel on any such service of a specified description (as well as to travel on an eligible service),

c

applies to a journey between a place in a travel concession authority’s area and a place outside but in the vicinity of that area or to a journey between places outside but in the vicinity of that area (as well as to a journey between places in that area),

d

provides for the reduction of fares to less than one-half of those applicable to adults who are not entitled to any reduction or for waiver of fares, or

e

applies, or does not apply, to a journey beginning at a specified time.

I36 C75 C80148 Enforcement.

1

An operator commits an offence if he systematically fails to comply with the obligation under section F27145A(1) or 145B(1) during any period.

2

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

3

Proceedings for an offence under this section shall not be instituted except—

a

by a travel concession authority, or

b

by or with the consent of the Director of Public Prosecutions;

and any authority who would not otherwise have power to bring such proceedings shall accordingly have that power.

I37 C22 C75 C80149 Reimbursement of operators.

F191

Where—

a

an operator provides concessions under section 145A(1) in respect of eligible journeys beginning in the area of a travel concession authority in England, or

b

an operator provides concessions under section 145B(1) for persons who reside in the area of a travel concession authority in Wales,

the authority shall reimburse the operator for providing the concessions.

2

Subject to regulations under subsection (3), the arrangements with respect to reimbursement shall be—

a

such as the travel concession authority may agree with the operators who provide concessions

F20i

in respect of eligible journeys beginning in the authority's area (if the authority is in England), or

ii

for persons who reside in the authority's area (if the authority is in Wales), or

b

in the absence of agreement, such as may be determined by the authority (being the same in the case of all of those operators) not later than 28 days before the date on which the arrangements, or any variations of the arrangements, are to come into operation.

3

The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations make provision—

a

with respect to the determination by travel concession authorities of the amounts to be paid to individual operators, or to any class of operators, by way of reimbursement,

b

as to the manner of making any payments due to operators by way of reimbursement, and

c

about the terms on which, and the extent to which, travel concession authorities may employ any person as their agent for the purpose of making payments due to operators by way of reimbursement and the descriptions of persons who may be so employed.

I38 C23 C75 C80150 Procedure for reimbursement arrangements determined by authority.

1

At least four months before the coming into operation of, or of any variations of, any arrangements with respect to reimbursement determined by a travel concession authority in accordance with section 149(2)(b), the authority shall publish the proposed arrangements, or the proposed variations, in such manner as they consider appropriate.

2

Following publication—

a

copies of the published material shall be made available at the principal office of the authority,

b

a copy of it shall be supplied to every operator of local services who would, in the opinion of the authority, be affected by the proposals, and

c

a copy of it shall be supplied to any person on request (whether at the principal office or by post), either free of charge or at a charge representing no more than the cost of providing the copy.

3

An operator who considers that he may be prejudicially affected by the proposals may apply to—

a

the Secretary of State (in the case of arrangements determined by a travel concession authority in England), or

b

the National Assembly of Wales (in the case of arrangements determined by such an authority in Wales),

Chapter VIII of Part IV of the M14Greater London Authority Act 1999 (travel concessions on journeys in and around Greater London) has effect subject to the following amendments.

2

Section 240 (travel concessions on journeys in and around Greater London) is amended as follows.

3

In subsections (1) and (2), for “any persons eligible to receive them in accordance with subsection (5) below” substitute “ such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements ”.

4

In subsection (5), for “are persons, or any description of persons,” substitute “ by an authority are persons appearing to the authority to be persons ” and for paragraphs (b) and (c) substitute—

b
who are blind;
c
who are partially sighted;
d
who are profoundly or severely deaf;
e
who are without speech;
f
who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;
g
who do not have arms or have long-term loss of the use of both arms;
h
who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; or
i
who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the M15Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol.

5

After that subsection insert—

5A
The Secretary of State may issue guidance to local authorities to which they must have regard in determining whether a person falls within subsection (5)(b) to (i) above.
5B
Before issuing guidance under subsection (5A) above the Secretary of State shall consult—
a
the Disabled Persons Transport Advisory Committee;
b
associations representative of local authorities; and
c
such other persons as he thinks fit.

6

In section 241(1) (reserve free travel scheme), after “provided for” insert “ all ”.

7

Section 242 (requirements as to scope of concessions which must be given if free travel scheme is not to have effect) is amended as follows.

8

In subsection (1), after “provide” insert “ (a) ” and insert at the end

; and
b
for the travel concessions granted to them to include the concession specified in subsection (8) below.

9

In subsection (2), for “Those journeys” substitute “ The journeys referred to in subsection (1)(a) above ”.

10

In subsection (5), for “The requirements of this section as to scope do” substitute “ Subsection (1)(a) above does ”.

11

In subsection (7), for “the categories of such residents mentioned in paragraphs (a), (b) and (c)” substitute “ a category specified in any one of the paragraphs ”.

F3012

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

In section 243 (requirements as to uniformity), after subsection (5) insert—

6
No charge may be made for the issue to an eligible London resident of a travel concession permit relating to the travel concession specified in section 242(8) above.

Financial and competition provisions

I40 C80 C73152C67 Agreements providing for service subsidies.

1

Part V of the M16Transport Act 1985 (expenditure on public passenger transport services) is amended as follows.

2

In section 89 (obligation to invite tenders for subsidised services), for subsections (7) and (8) substitute—

7
An authority issuing an invitation to tender under this section shall, in determining whether to accept a tender submitted in response to the invitation or which (if any) of several such tenders to accept, have regard in particular to—
a
a combination of economy, efficiency and effectiveness;
b
the implementation of the policies set out in the appropriate bus strategy; and
c
the reduction or limitation of traffic congestion, noise or air pollution.
8
In subsection (7)(b) above “the appropriate bus strategy” means—
a
in the case of a local transport authority (within the meaning of section 108(4) of the Transport Act 2000), their bus strategy;
b
in the case of a district council which is not such an authority, the bus strategy of the council for the county in which the district is situated; and
c
in the case of a Passenger Transport Executive for a passenger transport area, the bus strategy made jointly by the Passenger Transport Authority for the area and the councils for the metropolitan districts comprised in the area.

3

In section 90(3) (duty of authority to publish reasons for considering that payment of subsidies to secure service in accordance with accepted tender is conducive to achieving most effective and economic application of funds), for the words from “is conducive” to the end substitute “ accords with section 89(7) of this Act. ”

4

In section 92(1) (authorities subsidising public passenger transport services not to inhibit competition between persons providing or seeking to provide such services in their area), for the words from “so conduct” to the end substitute “ have regard to the interests of the public and of persons providing public passenger transport services in their area. ”

I41 C80 C73153C67F69Competition test: functions and agreements relating to buses

1

Schedule 10 contains provision applying competition tests in relation to—

a

the exercise of functions relating to F223advanced quality partnership schemes, quality partnership schemes, F281advanced ticketing schemes, ticketing schemes F285, enhanced partnership schemes and subsidised local services,

b

voluntary partnership agreements and certain other agreements, decisions and practices relating to bus services.

2

A voluntary partnership agreement is any voluntary agreement under which—

a

a local transport authority, or two or more local transport authorities, undertake to provide particular facilities, or to do anything else for the purpose of bringing benefits to persons using local services, within the whole or part of their area, or combined area, and

b

one or more operators of local services undertake to provide services of a particular standard.

3

In subsection (2)—

“facilities” means—
1. a
  facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the agreement relates, or
2. b
  facilities which are ancillary to such facilities;
“standard”, in the case of any services, includes—
1. a
  any requirements which the vehicles being used to provide the services must meet,
2. b
  any requirements as to frequency or timing of the services,
3. c
  any requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the agreement applies;
“voluntary agreement” means an agreement made otherwise than under F224sections 113C to 113O (advanced quality partnership schemes), or under sections 114 to 123 (quality partnership schemes).

I42 C80 C73154C67 Grants to bus service operators.

C69 C811

The Secretary of State with the approval of the Treasury (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to operators of eligible bus services towards their costs in operating those services.

2

The Secretary of State with the approval of the Treasury (as respects England) or the National Assembly for Wales (as respects Wales) may make provision by regulations as to the method of calculation of grants.

3

Subject to the provisions of any such regulations, grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by—

a

the Secretary of State with the approval of the Treasury (as respects England), or

b

the National Assembly for Wales (as respects Wales).

4

A determination under subsection (3) may be made either generally or in relation to particular cases or classes of case.

5

In this section “eligible bus services” means bus services of a class (or using vehicles of a class) prescribed by regulations made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

6

Section 92 of the M17Finance Act 1965 (grants towards duty charged on bus fuel) and section 111 of the M18Transport Act 1985 (unregistered and unreliable local services: reduction of fuel duty grant) cease to have effect.

I43 C16 C80 C73155C67F78Sanctions

1

Where F199a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse—

a

failed to operate a local service registered under section 6 of the M19Transport Act 1985,

F81aa

failed to comply with the requirements of regulations made under section 6(9)(i), (j) or (k) of that Act,

F220ab

failed to comply with a requirement to provide information imposed by virtue of section 6C of that Act,

b

operated a local service in contravention of that section or section F225113J(4) or (5), 118(4) F286, 129(1)(b) or 138J(9) of this Act,

F152ba

failed to comply with a requirement imposed by virtue of section F270123X(7)(c), 134B(7)(c) F287or 138S(7)(c) of this Act, or

c

failed to comply with section F282134F, 138 or 140(3) of this Act, F217 or with regulations under section 141A of this Act

he may F71make one or more orders under subsection (1A).

F2711ZA

Where a traffic commissioner is satisfied that—

a

a person has operated a local service in contravention of section 123J(3) of this Act, and

b

in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 123J(3) of this Act,

the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

F2881ZB

Where a traffic commissioner is satisfied that—

a

a person has operated a local service in contravention of section 138J(9) of this Act, and

b

in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 138J(9) of this Act,

the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

F2721ZC

Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143A of this Act, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

F2891ZD

Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143B the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

F2931ZE

Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse, failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

F851A

The orders are—

a

an order that the operator pay a penalty of such amount as is determined in accordance with subsection (3);

b

an order that the operator expend such sum of money as is determined in accordance with subsection (3) in the manner mentioned in subsection (1B);

c

an order that the operator provide compensation (see subsection (1C)) to passengers of such description as is specified in the order;

£550, or

b

I44 C80 C73157C67F45Grants to Integrated Transport AuthoritiesF295, combined authorities and combined county authorities

1

The Secretary of State may, with the approval of the Treasury, make grants to F36the Integrated Transport Authority for an integrated transport area in England for the purpose of enabling the Authority, or the Passenger Transport Executive for the area, to carry out any of their functions.

F931A

The Secretary of State may, with the approval of the Treasury, make grants to a combined authority for the purpose of enabling the authority to carry out any of their functions.

F3141B

The Secretary of State may, with the approval of the Treasury, make grants to a combined county authority for the purpose of enabling the authority to carry out any of their functions.

2

Grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Secretary of State may, with the approval of the Treasury, determine.

3

A determination under subsection (2) may be made either generally or in relation to particular cases or classes of case.

I45 C80 C73158C67 Repayment of grants towards bus fuel duty.

1

Section 111 of the M20Transport Act 1985 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)).

2

For subsections (2) to (4) substitute—

2
If any amount has been paid to the operator by way of grant under section 92 of the M21Finance Act 1965 (grants towards duty charged on bus fuel) in respect of any services operated during the period of three months ending with the day on which the determination under subsection (1) above is made, there is due from the operator—
a
to the Secretary of State (as respects England); or
b
to the National Assembly for Wales (as respects Wales),
such percentage of that amount as the traffic commissioner thinks fit in all the circumstances of the case.
3
The percentage determined shall be at least one per cent. but not more than twenty per cent.
4
A traffic commissioner who makes a determination under this section shall at once give notice in writing to—
a
the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales); and
b
the operator;
and the operator may appeal to the Transport Tribunal against the determination.

I49 C11 C80 C73162 Interpretation of Part II.

1

In this Part—

F226“advanced quality partnership scheme” is to be construed in accordance with section 113C(2),
F284“advanced ticketing scheme” is to be construed in accordance with section 134C(3),
“appropriate national authority”, in relation to a quality partnership scheme, a quality contracts scheme or a ticketing scheme, means—
1. a
  F276...
2. b
  the National Assembly for Wales, as respects a scheme relating to an area in Wales, or
3. c
  the Secretary of State and the National Assembly for Wales acting jointly, as respects a scheme relating to an area in England and Wales,
F62“bus services” means services using public service vehicles,
“community bus permit” means a permit under section 22 of the M23Transport Act 1985,
“connecting rail or tram F283service— ”
1. a
  F283in relation to an advanced ticketing scheme, has the meaning given by section 134C(3), and
2. b
  F283in relation to a ticketing scheme,
has the meaning given in section 135(5),
“disabled person” has the meaning given in section 146,
F275“effective time”, in relation to a local service contract, has the meaning given by section 123J(7),
“elderly person” has the meaning given in section 146,
“eligible service” has the meaning given in section 146,
F292“enhanced partnership plan” and “enhanced partnership scheme” have the meaning given by section 138A,
F153“exempt continuation proposal” is to be read in accordance with section 131B,
F275“franchising authority” has the meaning given by section 123A(4),
F275“franchising scheme” is to be construed in accordance with section 123A(3),
F32“half-price travel concession” has the meaning given in section 146,
F275“interim service” has the meaning given by section 123O,
F275“local service contract” has the meaning given by section 123A(5),
“local transport authority” has the meaning given in section 108(4),
F47“local transport policies” has the meaning given in section 108(5),
F28“London authority” has the meaning given in section 146,
“London transport authority” means the Greater London Authority, a London borough council or the Common Council of the City of London,
F315“mayoral CCA” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;
F275“mayoral combined authority” has the meaning given by section 107A of the Local Democracy, Economic Development and Construction Act 2009,
F277...
“quality contract” has the meaning given in section 124(4),
“quality contracts scheme” is to be construed in accordance with section 124(3),
“quality partnership scheme” is to be construed in accordance with section 114(2),
“railway” and “tramway” have the meanings given in section 67(1) of the M24Transport and Works Act 1992,
“relevant time” has the meaning given in section 146,
F275“scheme sub-area” has the meaning given by section 123H,
F275“service permit” has the meaning given by section 123P,
“ticketing scheme” is to be construed in accordance with section 135(3),
“traffic regulation order” means an order under the M25Road Traffic Regulation Act 1984 or any other enactment (other than this Act) regulating the use of roads or other places by public service vehicles, and
“travel concession authority” has the meaning given in section 146.

2

In this Part the expressions listed below have the same meaning as in the M26Public Passenger Vehicles Act 1981—

“fares”,
“modification”,
“public service vehicle”,
“PSV operator’s licence”,
“road”, and
“traffic commissioner”.

3

In this Part the expressions listed below have the same meaning as in the M27Transport Act 1985—

“local service”,
“public passenger transport services”,
“stopping place”, and
“traffic area”.

4

Where a reference to an authority in any of the following provisions is to F40an Integrated Transport Authority, it is to be construed as a reference to the Passenger Transport Executive for the F41integrated transport area concerned; and where a reference to authorities in any of those provisions is to one or more F42Integrated Transport Authorities, it is to be construed as a reference to the Passenger Transport Executive or Executives for the F41integrated transport area or areas concerned—

section 114(2)(a),
F165section 116(2)(a), (4)(a), (4A)(a) and, in the second place, (4C),
section 118(1) and (2),
F278...
F278...
F278...
F154...
F278...
F278...
F278...
F278...
section 139(5), and
section 140.

F704A

Where a reference to an authority in any of the following provisions is to an Integrated Transport Authority, it is to be construed as including a reference to the Passenger Transport Executive for the integrated transport area concerned—

section 153(2)(a),
in Schedule 10, paragraph 17(5)(b) and (8).

5

References in this Part to F43Integrated Transport Authorities and Passenger Transport Executives and to F44integrated transport areas are references respectively to the F43Integrated Transport Authorities and Passenger Transport Executives, and to F44integrated transport areas, for the purposes of Part II of the M28Transport Act 1968.

F945A

In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.

F3165B

In this Part “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

F676

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

References in this Part to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the M29Transport Act 1985.

C14C24C25C31C32C33C34C37C48C49C54C59C62C65C67C80Part II Local transport

Local transport plans and bus strategies

I1C4C12C26C48C50C49C55C77C80108C48C49C54C59C62C65C67 Local transport plans.

1

C52C63C57C60a

C66b

2

a

b

C66F522ZA

a

b

2ZB

a

b

2ZC

F72A

C53C58C61C64a

b

F1743

a

b

3A

a

b

C663B

4

a

b

F37c

F88ca

F296cb

d

F465

I2C5C77C80109C48C49C54C67F4Further provision about plans: England

1

F1752

F532A

a

i

ii

b

2B

a

b

i

ii

c

2C

a

b

c

2D

3

a

b

C684

a

b

c

F545

F546

C56109AC48C49C54C67F5Approval of plans: Wales

1

2

a

b

3

4

a

b

F145

109BC48C49C54C67Further provision about plans: Wales

1

2

3

4

5

a

b

C14 C24 C25 C31 C32 C33 C34 C37 C48 C49 C54 C59 C62 C65 C67 C80Part II Local transport

I1 C4 C12 C26 C48 C50 C49 C55 C77 C80108C48 C49 C54 C59 C62 C65 C67 Local transport plans.

C52 C63 C57 C60a

C53 C58 C61 C64a

I2 C5 C77 C80109C48 C49 C54 C67F4Further provision about plans: England

C56109AC48 C49 C54 C67F5Approval of plans: Wales

109BC48 C49 C54 C67Further provision about plans: Wales

109CC48 C49 C54 C67Transitional provisions: Wales

F55110C48 C49 C54 C67 Bus strategies.

F56111C48 C49 C54 C67 Consultation and publicity about bus strategies.

I3 C6 C80 C78112C48 C49 C54 C67 Plans and strategies: supplementary.

I4 C80 C78113C48 C49 C54 C67 Role of metropolitan district councils.

113AC48 C49 C54 C67F6Modification of provisions about plans and strategies: Wales

113BC48 C49 C54 C67Directions concerning plans and strategies: Wales

C71 C80113CAdvanced quality partnership schemes