Bus Services Act 2017

Section 6

SCHEDULE 2 Further amendments: franchising schemes

Transport Act 1985 (c. 67)

1 The Transport Act 1985 is amended as follows.

2 In section 6 (registration of local services)—

(a) in subsection (2B) (registration in quality contract scheme cases), in paragraph (a), after “force” insert “in relation to an area in Wales”;

(b) in subsection (7A) (variation of registration in quality contract scheme cases), in paragraph (a), after “force” insert “in relation to an area in Wales”.

3 (1) Section 26 (conditions attached to a PSV operator’s licence) is amended as follows.

(2) In subsection (1) (circumstances in which conditions may be imposed), in paragraph (b), after “118(4)” insert “, 123J(3)”.

(3) In subsection (1)(bza), after “section” insert “123X(7)(c),”.

(4) In subsection (1), after paragraph (ba) (and the “or” following it) insert—

“(baa) the operator has failed to take all reasonable steps to comply with a requirement imposed under section 143A of the Transport Act 2000; or”.”

4 In section 66 (powers of councils to run bus undertakings), in subsection (1), for “and to section” substitute “and to sections 123O and”.

Transport Act 2000 (c. 38)

5 The Transport Act 2000 (as amended by the Local Transport Act 2008) is amended as follows.

6 In the heading preceding section 124, after “schemes” insert “in Wales”.

7 (1) Section 124 (quality contracts schemes) is amended as follows.

(2) In subsection (1), after “authority”, in the first place it occurs, insert “for an area in Wales”.

(3) Omit subsections (1A) and (1B).

(4) In subsection (2)—

(a) at the end of paragraph (a), insert “and”;

(b) in paragraph (b), omit “in the case of a scheme for an area in Wales,”;

(c) omit paragraph (c) and the “and” preceding it.

(5) Omit subsection (2A).

(6) In subsection (9)—

(a) after “authority”, in the first place it occurs, insert “for an area in Wales”;

(b) after “another” insert “such”.

(7) Omit subsection (9A).

(8) Omit subsections (11) to (13).

8 In section 125 (notice and consultation requirements)—

(a) in subsection (1)—

(i) at the end of paragraph (b), insert “and”;

(ii) omit paragraph (d) and the “and” preceding it;

(b) in subsection (1A)(b), omit “or, as the case may be, (1A)”;

(c) in subsection (3)(e), omit “if the proposed scheme relates to an area in Wales,”.

9 In section 126 (approval of proposed schemes for areas in Wales), omit subsection (A1).

10 Omit sections 126A to 126E (QCS boards for schemes for areas in England).

11 In section 127 (making of scheme)—

(a) in subsection (1), omit paragraph (a);

(b) in subsection (1)(b), omit “in the case of a scheme for an area in Wales,”;

(c) omit subsection (1A);

(d) in subsection (1B), omit paragraph (a) and the “and” following it;

(e) in subsection (10), omit “(1A),”.

12 Omit sections 127A and 127B (appeals: schemes for areas in England).

13 In section 131A (continuation of schemes for further periods)—

(a) in subsection (2)—

(i) in paragraph (a), omit “, if the scheme is for an area in Wales, or”;

(ii) omit paragraph (b);

(b) omit subsection (4);

(c) in subsection (5)—

(i) in paragraph (b), omit “or, as the case may be, paragraphs (b) to (d) of section 124(1A)”;

(ii) in paragraph (c), omit “or, as the case may be, (1A)”.

14 Omit section 131C (continuation of schemes for areas in England: procedure).

15 In section 131E (appeals where proposed continuation considered exempt), in subsection (13), omit the words from “If” to “Wales,”.

16 Omit section 131F (appeals where proposed continuation considered non-exempt).

17 In section 132 (variation or revocation of scheme)—

(a) in subsection (2), omit “or those set out in subsection (1A)(a) to (d) of that section”;

(b) in subsection (4A), omit paragraph (b);

(c) in subsection (5), omit paragraphs (a) to (c) and the “or” following paragraph (c);

(d) omit subsections (6) to (8).

18 In section 132A (appeals where proposed variation considered exempt), in subsection (12), omit the words from “If” to “Wales,”.

19 In section 132B (exemption from section 132 for specific variations directed by Tribunal), omit subsection (1)(a).

20 In section 133 (regulations about schemes)—

(a) in subsection (1)(b), omit “for areas in Wales”;

(b) omit subsection (1)(bb) and (bc);

(c) in subsection (2)(e), omit “for areas in Wales”;

(d) omit subsection (2)(ef) to (ei);

(e) omit subsection (3)(a);

(f) omit subsection (4)(b).

21 (1) Section 155 (sanctions imposed by traffic commissioners) is amended as follows.

(2) In subsection (1) (when sanctions may be imposed), in paragraph (ba), after “section” insert “123X(7)(c),”.

(3) After subsection (1) insert—

“(1ZA) 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).”

(4) After subsection (1ZB) (inserted by Schedule 4) insert—

“(1ZC) 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).”

22 (1) Section 160 (regulations and orders under Part 2) is amended as follows.

(2) In subsection (2), after “than” insert “regulations under section 123A(4)”.

(3) After subsection (2) insert—

“(2A) A statutory instrument containing regulations under section 123A(4) shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

23 (1) Section 162 (interpretation of Part 2) is amended as follows.

(2) In subsection (1) (specific terms), at the appropriate place insert—

• ““effective time”, in relation to a local service contract, has the meaning given by section 123J(7),”;

• ““franchising authority” has the meaning given by section 123A(4),”;

• ““franchising scheme” is to be construed in accordance with section 123A(3),”;

• ““interim service” has the meaning given by section 123O,”;

• ““local service contract” has the meaning given by section 123A(5),”;

• ““mayoral combined authority” has the meaning given by section 107A of the Local Democracy, Economic Development and Construction Act 2009,”;

• ““scheme sub-area” has the meaning given by section 123H,”;

• ““service permit” has the meaning given by section 123P,”.

(3) In subsection (1), in the definition of “appropriate national authority”, omit paragraph (a) (meaning for schemes relating to areas in England).

(4) In subsection (1), omit the definition of “QCS board”.

(5) In subsection (4) (interpretation of references to Integrated Transport Authorities), omit the following entries—

• “section 124(4)(a), (5) and (7),”;

• “section 127(3A),”;

• “section 127A(7),”;

• “section 130,”;

• “section 131,”;

• “section 132C,”;

• “section 132D,”.

Local Transport Act 2008 (c. 26)

24 The Local Transport Act 2008 is amended as follows.

25 Omit sections 22 to 25 (QCS boards in England).

26 Omit section 27 (appeals against making of quality contract schemes in England).

27 Omit section 33 (continuation of quality contract schemes for areas in England).

28 Omit section 36 (appeals where proposed continuation of scheme considered non-exempt).