Bus Services Act 2017

SCHEDULES

Section 2

SCHEDULE 1 Further amendments: advanced quality partnership schemes

Transport Act 1985 (c. 67)

1 The Transport Act 1985 is amended as follows.

2 (1) Section 6 (registration of local services) is amended as follows.

(2) In subsection (2A), in paragraph (a)—

(a) after “section” insert “113D(1) or”;

(b) for “(quality” substitute “(advanced quality partnership schemes and quality”.

3 (1) Section 6A (applications for registration where restrictions are in force) is amended as follows.

(2) In subsection (1), in paragraph (a)—

(a) after “section” insert “113D(1) or”;

(b) after “case of” insert “an advanced quality partnership scheme or”.

(3) In subsection (8), in paragraph (c), after “section” insert “113J(4) or (5) or”.

(4) In subsection (12)—

(a) at the appropriate place insert—

• ““advanced quality partnership scheme” means a scheme under section 113C of the Transport Act 2000;”;

(b) for the definition of “registration criteria” substitute—

• ““registration criteria”—

  (a)

  in relation to an advanced quality partnership scheme, means the criteria specified in the scheme by virtue of section 113D(3) of the Transport Act 2000;

  (b)

  in relation to a quality partnership scheme, means the criteria specified in the scheme by virtue of section 114(3C) of the Transport Act 2000;”;

(c) in the definition of “relevant operator”, in paragraph (a), after “section” insert “113J(4) or (5) or”.

4 In section 26 (conditions attached to a PSV operator’s licence), in subsection (1), in paragraph (b), after “section or section” insert “113J(4) or (5),”.

5 In section 82 (bus stations: restrictions on discriminatory practices, etc), in subsection (4A), in the words before paragraph (a), after “to” insert “an advanced quality partnership scheme or”.

Transport Act 2000 (c. 38)

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

7 (1) Section 114 (quality partnership schemes) is amended as follows.

(2) In subsection (1), at the end insert “(but this is subject to subsection (1A)).

(3) After subsection (1) insert—

“(1A) A local transport authority whose area is in England may exercise the power to make a quality partnership scheme only if—

(a) they are acting jointly with one or more other local transport authorities, and

(b) at least one of those other local transport authorities is an authority whose area is in Wales.”

8 (1) Section 153 (competition test: functions and agreements relating to buses) is amended as follows.

(2) In subsection (1), in paragraph (a), after “to” insert “advanced quality partnership schemes,”.

(3) In subsection (3), in the definition of “voluntary agreement”, after “under” insert “sections 113C to 113O (advanced quality partnership schemes), or under”.

9 In section 155 (sanctions), in subsection (1), in paragraph (b), after “section”, in the second place it occurs, insert “113J(4) or (5),”.

10 In section 162 (interpretation of Part 2), in subsection (1), at the appropriate place insert—

• ““advanced quality partnership scheme” is to be construed in accordance with section 113C(2),”.

11 (1) Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.

(2) In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—

(a) in sub-paragraph (1), before paragraph (a) insert—

“(za) making and varying advanced quality partnership schemes,”;

(b) in sub-paragraph (2), before paragraph (a) insert—

“(za) in the case of the function of making or varying an advanced quality partnership scheme, once notice of a proposal to make or vary it has been given under section 113G(1),”.

(3) In paragraph 12 (enforcement of decisions of Competition and Markets Authority), in sub-paragraph (2)(b), after “varying” insert “an advanced quality partnership scheme,”.

(4) In paragraph 17 (interpretation of Part 2 of Schedule 10), in sub-paragraph (5)(c), at the beginning insert “an advanced quality partnership scheme,”.

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).

Section 8

SCHEDULE 3 Further amendments: advanced ticketing schemes

Transport Act 1985 (c. 67)

1 The Transport Act 1985 is amended as follows.

2 In section 26 (conditions attached to a PSV operator’s licence), in subsection (1)(ba), after “section” insert “134F,”.

Transport Act 2000 (c. 38)

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

4 (1) Section 135 (joint and through ticketing schemes) is amended as follows.

(2) In subsection (1), at the end insert—

“(but this is subject to subsection (1A)).”

(3) After subsection (1) insert—

“(1A) A local transport authority whose area is in England may exercise the power to make a ticketing scheme only if—

(a) they are acting jointly with one or more other local transport authorities, and

(b) at least one of those other local transport authorities is an authority whose area is in Wales.”

5 In section 153 (competition test: functions and agreements relating to buses), in subsection (1)(a), after “partnership schemes,” insert “advanced ticketing schemes,”.

6 In section 155 (sanctions), in subsection (1)(c), after “section” insert “134F,”.

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

(2) In subsection (1), in the definition of “connecting rail or tram service” for “service”” substitute

• ““service”—

  (a)

  in relation to an advanced ticketing scheme, has the meaning given by section 134C(3), and

  (b)

  in relation to a ticketing scheme,”.

(3) In subsection (1), at the appropriate place insert—

• ““advanced ticketing scheme” is to be construed in accordance with section 134C(3),”.

8 (1) Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.

(2) In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—

(a) in sub-paragraph (1), after paragraph (a) insert—

“(aa) making and varying advanced ticketing schemes,”;

(b) in sub-paragraph (2), after paragraph (a) insert—

“(aa) in the case of the function of making or varying an advanced ticketing scheme, once notice of a proposal to make or vary it has been given under section 134D(1),”.

(3) In paragraph 12 (enforcement of decisions of Competition and Markets Authority), in sub-paragraph (2)(b), after “partnership scheme” insert “, an advanced ticketing scheme”.

Section 15

SCHEDULE 4 Further amendments: enhanced partnership plans and schemes

Transport Act 1985 (c. 67)

1 The Transport Act 1985 is amended as follows.

2 (1) Section 7 (application of traffic regulation conditions to services registered under section 6) is amended as follows.

(2) After subsection (3) insert—

“(3A) Traffic regulation conditions may not be expressed to apply to an area to which an enhanced partnership scheme under section 138A of the Transport Act 2000 relates.”

(3) After subsection (14) insert—

“(14A) Where an enhanced partnership scheme under section 138A of the Transport Act 2000 comes into operation as regards an area, any traffic regulation condition expressed to apply in an area that consists of or includes the area to which the scheme relates ceases at that time to apply in the area to which the scheme relates.

(14B) A traffic commissioner may accordingly vary or revoke a traffic regulation condition (without a request being made).”

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

(2) In subsection (1) (when conditions may be attached), in paragraph (b), for “or 129(1)(b)” substitute “, 129(1)(b) or 138J(9)”.

(3) In subsection (1)(bza), after “134B(7)(c)” insert “or 138S(7)(c)”.

(4) In subsection (1)(baa) (inserted by Schedule 2), after “143A” insert “or 143B”.

Transport Act 2000 (c. 38)

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

5 In section 153 (competition test: functions and agreements relating to buses), in subsection (1)(a) (applying tests in relation to the exercise of functions relating to quality partnership schemes, etc), after “ticketing schemes” insert “, enhanced partnership schemes”.

6 (1) Section 155 (sanctions relating to Part 2 of the Act) is amended as follows.

(2) In subsection (1)(b), for “or 129(1)(b)” substitute “, 129(1)(b) or 138J(9)”.

(3) In subsection (1)(ba), after “134B(7)(c)” insert “or 138S(7)(c)”.

(4) After subsection (1ZA) (inserted by Schedule 2) insert—

“(1ZB) 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).”

(5) After subsection (1ZC) (inserted by Schedule 2) insert—

“(1ZD) 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).”

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

(2) In subsection (2), after “regulations under section 123A(4)” (inserted by Schedule 2 to this Act) insert “, 138F(10), 138G(9)”.

(3) In subsection (2A) (inserted by Schedule 2 to this Act), after “regulations under section 123A(4)” insert “, 138F(10), 138G(9)”.

8 In section 162 (interpretation of Part 2 of the Act), in subsection (1), at the appropriate place insert—

• ““enhanced partnership plan” and “enhanced partnership scheme” have the meaning given by section 138A,”.

9 (1) Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.

(2) In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—

(a) after sub-paragraph (1)(b) (and before the “and”) insert—

“(ba) making and varying enhanced partnership schemes,”;

(b) after sub-paragraph (2)(b) (and before the “and”) insert—

“(ba) in the case of the function of making or varying an enhanced partnership scheme, once notice of a proposal to make or vary it has been given under section 138F(1) or 138L(1),”.

(3) In paragraph 12 (enforcement of decisions of Competition and Markets Authority), in sub-paragraph (2)(b), for “or a ticketing scheme” substitute “, a ticketing scheme or an enhanced partnership scheme”.

(4) In paragraph 17 (interpretation of Part 2 of Schedule 10), in sub-paragraph (5)(c), after “scheme” insert “, an enhanced partnership scheme”.