Local Transport Act 2008

a

bring benefits to persons using local services in the whole or any part of their area, or combined area, by improving the quality of those services, or

3A

If the authority or authorities 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.

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,

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.

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 the traffic commissioners are 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.

6

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.

6A

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.

6B

A scheme may include a requirement falling within subsection (6)(b) or (6A) only if there are no admissible objections to the requirement from relevant operators.

Section 122(3) to (5) makes further provision with respect to such schemes.

6C

The power to make a quality partnership scheme includes power to provide for different facilities, or different standards of services, to be provided under the scheme as from different dates after the scheme comes into operation.

b

district councils in England,

bb

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

e

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.

4

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.

4D

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 is made, or

b

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

4E

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.

1

If it appears to the authority or authorities appropriate to do so, they may decide that any of the dates specified in subsection (1A) shall be postponed by such period as they think fit.

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

1A

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 services are to be provided to a particular standard under the scheme.

1

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.

aa

the content or operation of schemes which include a requirement falling within section 114(6)(b) or (6A),

3

As regards schemes which include any requirement mentioned in section 114(6)(b) or (6A), regulations under subsection (1)(a) or (aa) may in particular make provision—

a

for section 114(6B) not to apply in such circumstances as may be prescribed,

b

requiring such schemes to include provision falling within subsection (4),

c

for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators,

d

in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 117, for any such requirement not to take effect unless prescribed conditions are satisfied,

e

as to the meaning of “admissible objection” for the purposes of section 114(6B) and paragraph (c) of this subsection,

f

as to the meaning of “relevant operator” for those purposes,

g

as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator.

4

The provision referred to in subsection (3)(b) is provision—

a

as respects the setting of frequencies, timings or maximum fares to which the requirements relate,

b

for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed,

c

for a maximum interval before any such requirements must next be reviewed,

d

as respects other circumstances in which any such requirements must or may be reviewed,

e

as respects revision of any such requirements after a review.

5

Subsections (3)(b) and (4) have effect subject to, and in accordance with, the following provisions—

a

the revision of requirements as to frequencies, timings or maximum fares under any provision made in accordance with those subsections is not to be regarded as a variation of the scheme for the purposes of section 120 (variation or revocation of scheme), but

b

nothing in those subsections or in paragraph (a) of this subsection shall be taken to derogate from what may be done under or by virtue of that section.

6

The provision that may be made by virtue of subsection (3)(g) includes provision for and in connection with—

a

the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph;

b

the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination;

c

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.

a

the proposed scheme will result in an increase in the use of bus services (see subsection (9B)) in the area to which the proposed scheme relates,

b

the proposed scheme will bring benefits to persons using local services in the area to which the proposed scheme relates, by improving the quality of those services,

c

the proposed scheme will contribute to the implementation of the local transport policies of the authority or authorities,

d

the proposed scheme will contribute to the implementation of those policies in a way which is economic, efficient and effective, and

e

any adverse effects of the proposed scheme on operators will be proportionate to the improvement in the well-being of persons living or working in the area to which the proposed scheme relates and, in particular, to the achievement of the objectives mentioned in paragraphs (a) to (d).

2

A quality contracts scheme may not be made unless the authority or authorities—

a

have complied with the requirements of section 125,

b

in the case of a scheme for an area in Wales, have obtained the approval of the Welsh Ministers in accordance with section 126, and

c

in the case of a scheme for an area in England, meet the requirements of subsection (2A).

2A

The requirements are that the authority or authorities—

a

have published under section 126C(5) the request which they sent to the QCS board under section 126C(4), and

b

publish, in accordance with section 127(1A), a response prepared by them to the report published by the QCS board under section 126D(5) in relation to the scheme.

9A

The power to make a scheme jointly may be exercised only if—

a

all the authorities are local transport authorities for areas in England, or

b

all the authorities are local transport authorities for areas in Wales.

9B

The reference in subsection (1)(a) to increasing the use of bus services includes a reference to reducing, arresting or reversing decline in the use of bus services.

they must—

a

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

b

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

c

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

d

if the proposed scheme relates to an area in England, send a copy of that notice to the senior traffic commissioner as soon as reasonably practicable after its publication.

1A

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) or, as the case may be, (1A) 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.

1B

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).

1C

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

section 73 of the Local Government Act 1985,

for making arrangements for the proper administration of the financial affairs of the authority.

A1

This section has effect in any case where the scheme or proposed scheme relates to an area in Wales.

126ABoards for proposed schemes for areas in England

1

Where the senior traffic commissioner receives a copy of a notice sent by the authority or authorities pursuant to section 125(1)(d), a board (a “QCS board”) is to be constituted in accordance with the provisions of this Part to discharge the functions of such a board in relation to the proposed scheme.

2

The board is to consist of 3 members.

3

The members shall be—

a

one traffic commissioner (“the Commissioner”),

b

two persons drawn from a panel of persons appointed by the Secretary of State for the purposes of this section.

4

The Commissioner is to chair the board.

5

Within a prescribed period of receiving the copy of the notice mentioned in subsection (1), the senior traffic commissioner is to—

a

designate the traffic commissioner who is to be the Commissioner in the case of the particular board,

b

give notice of that designation to the authority or authorities, in accordance with the prescribed procedure, identifying the person designated,

c

publish, in such manner as may be prescribed, notice of the designation, identifying the person designated.

6

The traffic commissioner who is to be so designated is that one of the traffic commissioners whom the senior traffic commissioner considers most appropriate in all the circumstances of the particular case by reason of any particular knowledge or experience that the traffic commissioner may have.

This is subject to subsections (7) and (8).

7

If the senior traffic commissioner considers that the traffic commissioner who would otherwise fall to be designated to be the Commissioner ought not to be so designated—

a

because of the traffic commissioner's illness, incapacity, absence or impending vacation of office, or

b

because the traffic commissioner is prevented from being the Commissioner by subsection (8),

the senior traffic commissioner is to designate a different traffic commissioner to be the Commissioner.

8

A traffic commissioner whose ability to act impartially in the case of any particular scheme is, in the opinion of that traffic commissioner, in any way impaired must not act as the Commissioner in relation to that scheme.

9

If the senior traffic commissioner is unable to discharge the duty to make a designation under subsection (5), the duties of the senior traffic commissioner under that subsection are to be discharged by the Secretary of State instead.

10

The persons who are to be members of the board by virtue of subsection (3)(b) are to be designated in such manner and at such time as may be prescribed.

11

The Secretary of State shall pay to each person appointed under subsection (3)(b) such remuneration in respect of the person's services as may be determined by the Secretary of State with the consent of the Treasury.

12

In this section “prescribed” means prescribed in regulations under section 126E or 133.

• “QCS board” is to be read in accordance with section 126A(1),

1

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

a

in the case of a scheme for an area in England, in accordance with the requirements of subsection (1A);

b

in the case of a scheme for an area in Wales, in accordance with the requirements of subsection (1B).

1A

If the scheme is for an area in England, the authority or authorities who proposed it—

a

must not make the scheme until they publish a response prepared by them to the report published by the QCS board under section 126D(5) in relation to the scheme, but

b

subject to that, may make the scheme at any time not later than 6 months after the publication of that report.

Any such response must state the actions (if any) which the authority or authorities have taken in relation to each of the board's recommendations (if any) under section 126D(2) or (3).

1B

If—

a

the scheme is for an area in Wales, and

b

the Welsh Ministers approve the scheme under section 126,

the authority or authorities who proposed it may make it, as approved, at any time not later than 6 months after the date of the approval.

b

the date on which it is to come into operation or, if the scheme provides for different provisions to come into operation on different dates, or on different dates for different purposes, those dates in the case of each provision, and

2A

No date that is to be specified under subsection (2)(b) may be earlier than 6 months after the scheme is made.

3A

The scheme must specify the date or dates on which it is proposed that the authority or authorities will issue invitations to tender for the provision of any services to which the scheme relates (see section 130).

c

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

10

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

127AAppeals against the making of schemes for areas in England

1

This section applies where an authority or authorities make a quality contracts scheme for an area in England.

2

Any person falling within subsection (3) may appeal to the Transport Tribunal against the decision of the authority or authorities to make the scheme.

3

The persons are—

a

any person who was consulted under section 125(3),

b

any person who was not consulted under section 125(3) but who, in the opinion of the QCS board under section 126D(1)(b), ought to have been so consulted.

4

An appeal under this section may be—

a

on a point of law, or

b

on a question of fact, unless subsection (5) prevents it.

5

No appeal lies under this section on a question of fact (and no question of fact is to be entertained by the Tribunal on an appeal under this section) in any case where subsection (6) applies.

6

This subsection applies if the QCS board stated in its report under section 126D(5) that it is of the opinion—

a

that the conditions in the paragraphs of section 124(1) or, as the case may be, of section 124(1A) are met, and

b

that the authority or authorities have complied with the requirements of section 125(1) to (3) (or are by virtue of section 126D(6) to be taken to have complied with those requirements by virtue of having taken any action recommended by the board in any previous reports),

and if the scheme, as made, corresponds to the proposed scheme to which that report relates.

7

The authority or authorities may issue invitations to tender in accordance with section 130(1) notwithstanding the lodging of any appeal under or by virtue of this section.

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

1

On an appeal under section 127A the Transport Tribunal shall have power—

a

to make such order as they think fit, or

b

to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct.

2

The powers of the Tribunal on an appeal under section 127A include power to do any one or more of the following—

a

dismiss the appeal in whole or in part,

b

remit the matter to the authority or authorities with one or more directions under subsection (3),

c

direct the authority or authorities to vary the scheme in such manner as the Tribunal may specify in the direction (but see subsection (4)),

d

quash the decision of the authority or authorities (but see subsection (5)).

3

A direction under this subsection is a direction for the authority or authorities to do each of the following—

a

consider or reconsider such matters as may be specified in the direction,

b

consult or further consult as respects those matters in such manner as may be specified in the direction,

c

vary the scheme in such respects as may in consequence appear appropriate to the authority or authorities.

4

The Tribunal may give a direction under this section to vary the scheme by reducing the area to which the scheme relates only if they are of the opinion that the conditions in section 132(3) are met.

5

The power of the Tribunal under this section to quash the decision of the authority or authorities is exercisable only if the Tribunal are of the opinion that there are defects in the scheme which are not capable of being remedied by varying the scheme under or by virtue of subsection (2)(b) or (c).

6

Where, on an appeal under section 127A, the Tribunal exercises any power falling within paragraph (b) of subsection (2) above, the only further appeal allowed under that section is an appeal against a decision of the authority or authorities to vary, or not to vary, the scheme by virtue of subsection (3)(c).

—

a

so as to prevent the application of sections 6 to 9 of the Transport Act 1985 in relation to any service by virtue or in consequence of section 6B of that Act (application for registration or variation where quality contracts scheme in force),

b

so as to prevent the provision of any service registered under section 6 of the Transport Act 1985 by virtue of section 6B of that Act, or

c

 

131BMeaning of “exempt continuation proposal”

1

For the purposes of this Part a proposal that a quality contracts scheme should continue in operation is an “exempt continuation proposal” if—

a

any one or more of Conditions 1 to 3 are met and Conditions A and B are met, or

b

the circumstances are as prescribed in regulations made by the appropriate national authority.

2

Condition 1 is that it is not proposed that the area to which the continuation scheme relates is to be greater than the area to which the existing scheme relates.

3

Condition 2 is that it is proposed that the area to which the continuation scheme relates is to be greater than the area to which the existing scheme relates, but—

a

the additional area proposed to be included falls wholly within the area or combined area of the authority or authorities proposing the continuation of the scheme, and

b

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.

4

Condition 3 is that during the period while the existing scheme has been in force—

a

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);

and any reference to the coming into force of a scheme includes a reference to the coming into force of any particular provision of it.

8

See also section 131E (which makes provision about appeals relating to exempt continuation proposals).

• “exempt continuation proposal” is to be read in accordance with section 131B,

aa

if they consider that those conditions would no longer be met with respect to it if they were to act in accordance with a direction given by the Transport Tribunal under this Part, or

5

The variation or revocation of a scheme under subsection (1) or (4) is subject to the provisions of—

a

subsection (6) (revocation: areas in England),

b

subsection (7) (non-exempt variation: areas in England),

c

subsection (8) (exempt variation: areas in England), or

d

subsection (9) (areas in Wales),

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

6

The revocation of a scheme for an area in England is subject to the following requirements—

a

before deciding to revoke the scheme, the authority or authorities must consult the persons mentioned in section 125(3) and each relevant traffic commissioner,

b

as soon as reasonably practicable after deciding to revoke the scheme, the authority or authorities must give notice of the decision to each relevant traffic commissioner and must publish the notice in at least one newspaper circulating in the area to which the scheme relates,

c

the notice must state that the decision has been taken and specify the date on which the revocation is to take effect,

except to the extent that those requirements are modified or excluded by regulations made by the Secretary of State under section 133.

For the purposes of this subsection “relevant traffic commissioner” means the traffic commissioner for any traffic area which consists of or includes the whole or any part of the area to which the scheme relates.

7

The non-exempt variation of a scheme for an area in England 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 Secretary of State under section 133.

8

The exempt variation of a scheme for an area in England is subject to the same procedure as the making of a scheme, except to the extent that that procedure is modified or excluded by regulations made by the Secretary of State under section 133, but for the purposes of this subsection—

a

sections 124(2)(c) and (2A), 126A to 126E and 127(1)(a) and (1A) (the QCS board provisions) do not apply;

b

there is no requirement to give notice to the senior traffic commissioner under section 125(1)(d);

c

the authority or authorities must consult any traffic commissioner falling within section 125(3)(e) (which accordingly has effect for this purpose with the omission of the words “if the proposed scheme relates to an area in Wales,”);

d

sections 127A and 127B (appeals to the Transport Tribunal) do not apply;

e

section 132A (appeals where proposed variation considered exempt) has effect in those cases for which it makes provision.

9

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.

10

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).

11

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.

132CPower 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

An authority who provide an interim service of any description must hold 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

Subsection (6) applies if—

a

an authority provide an interim service in place of an old service or any part of an old service, and

b

the authority or authorities who entered into the quality contract for the provision of the old service propose to enter into a quality contract for the provision of a replacement service in place of that service or (as the case may be) that part.

6

The authority, or the authorities acting jointly, must invite tenders (in accordance with section 130) for the provision of the replacement service—

a

as soon as reasonably practicable after the authority providing the interim service begin to do so, and

b

in any event no later than three months after the date on which provision of the old service ceased.

7

But subsection (6) does not apply if the authority, or the authorities acting jointly, decide to secure the provision of the replacement service under section 131 (circumstances in which quality contracts may be entered into without inviting tenders).

8

The particulars of an interim service, or of a replacement service, need not be identical to the particulars of the old service, or that part of the old service, which it replaces.

9

In this section—

• “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);

• “interim service” has the meaning given by subsection (2);

• “the old service” has the meaning given by subsection (1);

• “replacement service” means a local service provided under a quality contract in place of an old service or any part of an old service.

132DPeriod for which interim service may be provided

1

This section applies for the purpose of determining the period for which an authority may provide an interim service which is provided in place of—

a

an old service (“the relevant service”), or

b

part of an old service (“the relevant part”).

2

If the authority do not, within the period of three months beginning with the date on which provision of the relevant service ceased,—

a

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

issue an invitation to tender in pursuance of section 132C(6),

the authority must not provide the interim service after the end of that period.

3

If the authority enter into a quality contract to provide such a replacement service within the period mentioned in subsection (2), the authority must not provide the interim service after the earlier of the following dates—

a

the date on which the replacement service is first provided;

b

the date falling nine months after the date on which the interim service is first provided.

4

If the authority issue invitations to tender in pursuance of section 132C(6) within the period mentioned in subsection (2) (but do not enter into a quality contract to provide such a replacement service within that period), the authority must not provide the interim service after the earlier of the following dates—

a

the date on which a replacement service is first provided in place of the relevant service or (as the case may be) the relevant part;

b

the date determined in accordance with subsection (5).

5

The date is the later of—

a

the date falling nine months after the date on which the interim service is first provided;

b

such date, not later than three months after the date mentioned in paragraph (a), as may be determined by the traffic commissioner on the application of the authority.

6

The traffic commissioner may determine a date under subsection (5)(b) only if satisfied that there is a realistic prospect that, if the determination is made, a replacement service will be provided in place of the relevant service or (as the case may be) the relevant part on or before that date.

7

An application under paragraph (b) of subsection (5) must be made—

a

to the traffic commissioner for the traffic area in which the interim service is provided (or, if the service is provided in more than one such area, to the traffic commissioner for any of those areas), and

b

not later than one month before the date mentioned in paragraph (a) of that subsection.

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.

section 132C,

section 132D,

bb

the procedure to be followed by local transport authorities for areas in England when discharging functions that relate to a QCS board,

bc

the procedure to be followed by QCS boards when discharging functions relating to proposed schemes for areas in England,

3

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—

a

by virtue of section 126C(6), send to a QCS board a further request under section 126C(4) and modified proposals under section 126C(5),

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,

b

under section 127(1A), to publish their response to the report of the QCS board.

3

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.

134BQuality contracts: application of TUPE

1

Subsection (3) applies to a situation in which—

a

on the coming into force of a quality contract, local services cease to be provided by a person (the “former operator”) in the area to which the relevant quality contracts scheme, or (in the case of a scheme which provides for different provisions to come into operation on different dates) the relevant provision of the scheme, relates, in accordance with section 129(1)(b), and

b

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

2

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

a

local services which, on the coming into force of a quality contract, a person (the “former operator”) would be required by virtue of section 129(1)(b) to cease providing in the area mentioned in subsection (1)(a) of this section, cease to be provided by the former operator before the coming into force of that quality contract, and

b

at the same time, a person (the “new operator”) begins to provide local services in that area under an agreement which the authority or authorities who made the relevant quality contracts scheme entered into by reason of the cessation of the local 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 sections 257 and 258 of the Pensions Act 2004 and 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 a quality contracts scheme relates to provide the authority or authorities who made 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 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

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—

  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.

bza

the operator has failed to comply with a requirement imposed by virtue of section 134B(7)(c) of the Transport Act 2000; or

ba

failed to comply with a requirement imposed by virtue of section 134B(7)(c) of this Act, or

3B

In subsection (3A) “relevant bus scheme facilities” means—

a

facilities provided pursuant to a quality partnership scheme under Part 2 of the Transport Act 2000;

b

facilities provided pursuant to a quality contract within the meaning of that Part (see section 124(4) and (5) of that Act) or otherwise in connection with a quality contracts scheme under that Part.

153Competition 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 quality partnership schemes, ticketing 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 sections 114 to 123 (quality partnership schemes).

4A

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).

12ADetention of certain PSVs used without PSV operators' licences

Schedule 2A (which relates to the detention, removal and disposal of PSVs which are adapted to carry more than 8 passengers and in respect of which it appears that section 12(1) is contravened) shall have effect.

2A

Where—

a

any registration restrictions imposed under section 114(3A) of the Transport Act 2000 (quality partnership schemes) are in force, and

b

an application for registration is made in respect of a service in relation to which those restrictions have effect,

section 6A of this Act has effect in relation to the application.

6AApplications for registration etc where restrictions are in force

1

This section applies in any case where—

a

any registration restrictions imposed under section 114(3A) of the Transport Act 2000 are in force in the case of a quality partnership scheme (“the scheme”);

b

an application for registration, or for variation or cancellation of registration, is made under section 6 of this Act to a traffic commissioner in respect of a local service in relation to which those restrictions have effect; and

c

the application is one which would fall to be accepted by the traffic commissioner, apart from this section.

2

In any such case the traffic commissioner, before deciding whether or not to accept the application, must give to—

a

each relevant authority, and

b

each relevant operator,

a notice complying with subsection (3) below.

3

The notice must—

a

identify the application and state that it has been made;

b

provide prescribed particulars of the application;

c

inform the persons to whom it is required to be sent of the right of each of them to make relevant representations to the traffic commissioner about the application.

4

If no relevant representations are made, the application is to be accepted.

5

If any relevant representations are made by a relevant authority or a relevant operator, the traffic commissioner must decide whether the effect of accepting the application would be detrimental to the provision of local services under the scheme.

6

The traffic commissioner may decide that question only after—

a

considering those representations;

b

taking account of any other relevant applications and any relevant representations made in relation to those applications;

c

holding such inquiries under section 54 of the 1981 Act as the traffic commissioner may think fit; and

d

applying the registration criteria.

7

If the traffic commissioner decides that the effect of accepting the application would not be detrimental to the provision of such services, the application is to be accepted.

8

If subsection (7) above does not apply, the traffic commissioner may do any one or more of the following—

a

refuse to accept the application;

b

require the applicant to amend the application in such respects as the traffic commissioner may require before submitting it again;

c

if the applicant has not given a written undertaking under section 118(4) of the Transport Act 2000 in relation to the scheme, require the applicant to give such an undertaking before the application may be accepted.

9

An appeal against any decision of a traffic commissioner under this section may be made to the Transport Tribunal by any of the following persons—

a

the person who made the application;

b

any relevant authority that made relevant representations against the application;

c

any relevant operator who made relevant representations against the application.

As respects appeals to the Transport Tribunal, see Schedule 4 to this Act.

10

An appeal lies (in accordance with paragraph 14 of Schedule 4 to this Act) at the instance of any of the persons mentioned in the paragraphs of subsection (9) above from a decision of the Transport Tribunal on an appeal under that subsection.

11

Regulations may be made for the purposes of carrying this section into effect; and the provision that may be made by any such regulations includes provision—

a

as to the procedure for giving notice under subsection (2) above;

b

prescribing the particulars of the application that are to be provided in such a notice;

c

as to the procedure for making relevant representations;

d

as to the procedure to be followed in determining the application.

12

In this section—

• “quality partnership scheme” means a scheme under section 114 of the Transport Act 2000;

• “registration criteria” means the criteria specified in the scheme by virtue of section 114(3C) of the Transport Act 2000;

• “relevant application” means any application under section 6 of this Act—

  1. a

     which is made in respect of a local service in relation to which the registration restrictions have effect, and

  2. b

     which (whenever made) is awaiting the decision of the traffic commissioner;

• “relevant authority” means the authority, or any of the authorities, that made the scheme;

• “relevant operator” means—

  1. a

     any operator of local services who has given an undertaking under section 118(4) of the Transport Act 2000 in respect of the scheme;

  2. b

     any other operator of local services which might be affected if the application were to be accepted;

• “relevant representations” means representations that the effect of accepting the application would be detrimental to the provision of services under the scheme, having regard to the registration criteria.

2B

Where—

a

a quality contracts scheme under section 124 of the Transport Act 2000 is in force,

b

an operator proposes to provide a local service which is to have one or more stopping places within the area to which the scheme relates,

c

the proposed service is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and

d

the operator does not propose to provide the service under a quality contract by virtue of the scheme,

section 6B of this Act has effect with respect to registration of that service.

7A

Where—

a

a quality contracts scheme under section 124 of the Transport Act 2000 is in force,

b

the operator of a local service registered under this section proposes to vary the registration,

c

the service, as proposed to be varied, is to have one or more stopping places within the area to which the scheme relates,

d

the service, as proposed to be varied, is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and

e

the operator does not propose to provide the service, as proposed to be varied, under a quality contract by virtue of the scheme,

section 6B of this Act has effect with respect to the variation of the registration.

6BApplications for registration where quality contracts scheme in force

1

This section applies—

a

by virtue of subsection (2B) of section 6 of this Act (“Case 1”), in relation to registration of the proposed local service mentioned in that subsection;

b

by virtue of subsection (7A) of that section (“Case 2”), in relation to the proposed variation of the registration mentioned in that subsection.

2

Where this section applies, the operator may apply to a traffic commissioner—

a

in Case 1, for registration of the proposed service under section 6 of this Act, or

b

in Case 2, for variation of the registration under that section,

notwithstanding anything in section 129(1)(a) of the Transport Act 2000 (sections 6 to 9 of this Act not to apply).

3

The traffic commissioner must not accept the application except in accordance with subsections (4) to (6) below.

4

On receipt of the application, the traffic commissioner must consult the authority or authorities who made the quality contracts scheme.

5

If, within the prescribed time, the traffic commissioner receives from the authority or authorities a clearance certificate in respect of the application, the traffic commissioner must—

a

in Case 1, register the service under section 6 of this Act, or

b

in Case 2, vary the registration under that section.

6

If the traffic commissioner does not receive such a certificate within that time, the application must be rejected.

7

In relation to Case 2, regulations may prescribe cases in which subsections (3) to (6) above do not apply.

8

In this section—

• “clearance certificate” means a certificate that the provision—

  1. a

     in Case 1, of the proposed local service, or

  2. b

     in Case 2, of the local service as proposed to be varied,

  will not have an adverse effect on local services provided under quality contracts in the area to which the quality contracts scheme relates;

• “prescribed” means prescribed in regulations;

• “the relevant authority or authorities” means the authority or authorities—

  1. a

     who last continued the quality contracts scheme in force under section 131A of the Transport Act 2000, or

  2. b

     if the scheme has not been so continued, who made it.

5

An appeal lies (in accordance with paragraph 14 of Schedule 4 to this Act) at the instance of any of the persons mentioned in subsection (6) below from a decision of the Transport Tribunal on an appeal under this section.