Modifications etc. (not altering text)
C1Pt. 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)
C2Pt. 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)
C3Pt. 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)
C4Pt. 2: delegation of functions (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(b)
C5Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8
C6Pt. 2 functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(1)
C7Pt. 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)
C8Pt. 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)
C9Pt. 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)
C10Pt. 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)
C11Pt. 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)
C12Pt. 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)
C13Pt. 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)
C14Pt. 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)
C15Pt. 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)
C16Pt. 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)
Textual Amendments
F1Ss. 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)
(1)Subsection (3) applies to a situation in which—
(a)on the coming into force of an awarded contract, one or more local services cease to be provided by a person (the “former operator”) in the area to which the relevant enhanced partnership scheme relates because the cancellation of the registration of the service or services under a relevant provision becomes effective, and
(b)at the same time, a person (the “new operator”) begins to provide one or more local services in that area by virtue of that awarded contract.
(2)Subsection (3) also applies to a situation in which—
(a)one or more local services which, on the coming into force of an awarded contract, a person (the “former operator”) would be required to cease providing in the area mentioned in subsection (1)(a) of this section because the cancellation of the registration of the service or services under a relevant provision would have become effective, cease to be provided by the former operator before the coming into force of that awarded contract, and
(b)at the same time, a person (the “new operator”) begins to provide one or more local services in that area under an agreement which the authority or authorities operating the relevant enhanced partnership scheme entered into by reason of the cessation of the local service or services referred to in paragraph (a).
(3)Any situation to which this subsection applies is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) (whether or not TUPE would apply apart from this subsection).
(4)For the purposes of TUPE, the organised grouping of employees that is subject to the relevant transfer consists of those employees of the former operator whose employment is principally connected with the provision of the local services referred to in subsection (1)(a) or (as the case may be) the local services referred to in subsection (2)(a).
(5)Any situation which by virtue of this section is treated as a relevant transfer for the purposes of TUPE is also to be treated as a relevant transfer within the meaning of TUPE for the purposes of—
(a)sections 257 and 258 of the Pensions Act 2004, and
(b)any regulations made under section 258 of that Act.
(6)The Secretary of State may make regulations supplementing the provision made by this section.
(7)The provision that may be made by regulations under subsection (6) includes—
(a)provision for determining, for the purposes of subsection (4), whether a person's employment is principally connected with the provision of any particular local services (including provision for or in connection with the appointment of a person to make such determination);
(b)provision for determining, in the case of any particular organised grouping of employees, the particular new operator who is to be the transferee for the purposes of TUPE (including provision for or in connection with the appointment of a person to make such determination);
(c)provision requiring any person operating local services in the area to which an enhanced partnership scheme relates to provide the authority or authorities operating the scheme with such information as may be prescribed, at such time as may be prescribed, about such of that person's employees as would fall within subsection (4) if the person ceased to provide those services in the circumstances described in subsection (1)(a);
(d)provision requiring the authority or authorities operating an enhanced partnership 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 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)that require the person, in the event of there being any transferring employees, to secure pension protection for every transferring employee, or every transferring employee of a prescribed description, who as an employee of the former operator had rights to acquire pension benefits, and
(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)“transferring employee” means an employee of a former operator whose contract of employment becomes, either by virtue of TUPE or by virtue of this section, a contract of employment with a new operator;
(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—
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
whose contract of employment—
was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, or
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—
the date on which the scheme was made, or
where—
the local services being provided by the original operator were not subject to the scheme when it was made, and
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—
regulations made by virtue of section 6E(6) of the Transport Act 1985 (provision for services to be allocated), or
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—
section 6E(2) of the Transport Act 1985 (cancellation where incompatibility with a requirement falling within section 138C(1)), or
regulations made by virtue of section 138Q(4)(c).]
Modifications etc. (not altering text)
C17Ss. 138A-143B: functions transferred (E.) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(2)