The Advanced Quality Partnership Schemes (England) Regulations 2018

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision about advanced quality partnership schemes. An advanced quality partnership scheme is a scheme made by a local transport authority, or two or more local transport authorities, in England under which the authority provides particular general measures relating to local services or facilities at specific locations along the routes used by local services. In return operators of local services who wish to benefit from those measures or use those facilities must agree to provide services of a particular standard. These standards of service are requirements as to the vehicles being used, frequency or timing of services, maximum fares and the ways in which passengers may pay for journeys.

Advanced quality partnership schemes are made under new provisions inserted into Part 2 of the Transport Act 2000 (“the Transport Act”) by the Bus Services Act 2017.

Part 1 of the Regulations contains general provisions.

Regulation 4 specifies that, where a scheme is to be made jointly by two or more authorities, one of those authorities must be identified as the lead authority for the purposes of these Regulations. This regulation also imposes obligations on a lead authority to consult and, where appropriate, act in accordance with the representations of the other authorities with whom the scheme is made.

Regulation 5 specifies that where a local bus service is operated under a subsidy agreement with the authority, and the effect of the subsidy agreement is that the service is provided to a standard specified in a scheme or proposed scheme, operators cannot by objecting prevent the inclusion of that standard in the scheme.

Part 2 of the Regulations contains definitions of the terms “relevant operator” and “admissible objection”. Under section 113E(7) and (8) of the Transport Act a scheme cannot include a requirement if there are any admissible objections from relevant operators to that requirement. Part 2 also sets out the process by which disputes are resolved about whether an operator is a relevant operator or an objection is admissible.

Regulations 6 and 7 define the term “relevant operator”. This is broadly an operator of local bus services or someone who has applied to operate such services.

Regulation 8 defines the term “admissible objection”. Broadly, an objection is admissible if it would not be practicable or commercially viable for an operator to provide local bus services to the required standard.

Regulations 9 to 16 set out the procedure that applies when an operator wishes to object to the inclusion in a scheme of requirements as to vehicles, frequencies or timings, maximum fares and the ways in which passengers may pay for journeys. To be admissible an objection must be submitted by a relevant operator to the authority in accordance with the prescribed procedure, and must satisfy either or both of the grounds specified in regulation 8(3) referred to above. The authority must make a decision on whether the objector is a relevant operator and whether the objection is an admissible objection and, if the objector is unhappy with that decision, they may refer the matter to the traffic commissioner for a determination.

Part 3 of the Regulations prescribes the procedure under which requirements as to maximum fares and frequencies or timings of services will be reviewed.

Regulation 17 defines key terms used in Part 3.

Regulation 18 provides that where a scheme contains requirements as to maximum fares, these must be reviewed at least every 12 months. They may be reviewed earlier than the end of the specified period where there has been a change in the market conditions which affects the profitability of the services.

Regulation 19 sets out what happens if the authority fails to carry out a review of requirements as to maximum fares.

Regulation 20 allows more than one operator at any time to request a review of requirements as to maximum fares.

Regulation 21 provides for review at any time by the authority of a formula for varying maximum fares in cases where maximum fares are varied at least every 12 months in accordance with that formula.

Regulation 22 provides that more than one operator may at any time request a review of a formula for varying maximum fares.

Regulation 23 makes provision for review by an authority of requirements as to frequencies or timings. No maximum period between reviews of requirements as to frequencies or timings is set out. It is for authorities to decide when they should take place, provided certain conditions are met.

Regulation 24 makes provision for operators at any time to request a review of requirements as to frequencies or timings. Where a prescribed number of operators request a review of the requirements which apply to them, the authority is generally under an obligation to carry out such a review.

Regulation 25 sets out the procedure for all reviews under Part 3 of requirements as to frequencies or timings, maximum fares or the formula used to vary maximum fares.

Regulation 26 provides that following a review of requirements operators may object to the outcome of that review, and if they do so the procedures in Part 2 of these Regulations will apply.

An impact assessment has not been produced for these Regulations. However an assessment was made of the impact of the Bus Services Bill and this was updated to take account of any additional impacts of the regulations relating to advanced quality partnership schemes. Copies of the assessment may be obtained from the Buses and Taxis Division, Department for Transport, 2/12 Great Minster House, 33 Horseferry Road, London SW1P 4DR or from the Bus Services Bill page on gov.uk

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/589730/bus-services-bill-ia-for-regulations-secodary-legislation.pdf

An Explanatory Memorandum for this instrument has been published alongside these Regulations at www.legislation.gov.uk.