The Transport Act 2000 is amended as follows.
Explanatory notes to the Bill, prepared by the Department for Transport, have been ordered to be published as HL Bill 54—EN.
Lord Hendy of Richmond Hill has made the following statement under section 19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the Bus Services (No. 2) Bill [HL] are compatible with the Convention rights.
Lord Hendy of Richmond Hill has made the following statements under section 20(2)(a) and (3) of the Environment Act 2021:
In my view—
(a) the Bus Services (No. 2) Bill contains provisions which, if enacted, would be environmental law, and
(b) the Bill will not have the effect of reducing the level of environmental protection provided for by any existing environmental law.
A
bill
to
Make provision about local and school bus services; and for connected purposes.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Transport Act 2000 is amended as follows.
“(4)
In this Part “franchising authority” means a local transport authority
whose area is in England.”
In
section 123C
(Secretary of State consent to franchising and notice
requirements)—
omit subsections (1) to (3) ;
in
subsection (4)
, for “the authority” substitute “a franchising
authority”;
for the heading substitute “Notice of assessment”.
In section 143A (power of franchising authorities to obtain information) omit subsection (5) .
In section 160 (2) and (2A) (regulations and orders) omit “123A(4),”.
In
section 123H
of the
Transport Act 2000
(making and publication of scheme),
after
subsection (2)
insert— Where a scheme specifies more than one area under subsection (2)(a),
“(2A)
the areas specified need not be contiguous.”
In
section 123H
of the
Transport Act 2000
(making and publication of scheme), Local services may be specified for the purposes of subsection (2)(b)— by reference to the routes or places intended to be served, by describing the intended services in general terms, in such other way as the authority or authorities think fit so
after
subsection (2A)
(inserted by
section 2
of this Act) insert—
“(2B)
(a)
(b)
(d)
as to enable the intended services to be identified.”
Subsection (3) applies where, before this section comes into force—
a franchising authority or authorities has published a consultation
document under
section 123E
(2)
of the
Transport Act 2000
relating to
a proposed franchising scheme, but
the scheme has not been made in pursuance of the consultation
document.
Where
this subsection
applies the franchising authority or authorities may,
when making the scheme in pursuance of the consultation document, specify
local services in any way mentioned in
section 123H
(2B)
of the
Transport Act
2000
(inserted by
subsection (1)
of this section), whether or not the services
so specified were included in the description contained in the consultation
document as required by
section 123F
(1)
(c)
of
that Act
.
Part 3
of
Schedule 9A
to the
Transport Act 2000
(inserted by the Schedule to
this Act) does not apply in relation to a variation of an existing franchising
scheme if—
the only variation is of the local services specified under
section
123H
(2)
(b)
of
that Act
in relation to the scheme, and
the variation is to have effect before the end of the period of 2 years
beginning with the day on which
this section
comes into force.
An “existing franchising scheme” is a franchising scheme made before
this
section
comes into force.
In
section 123H
of the
Transport Act 2000
(making and publication of scheme)
omit
subsection (4)
.
Subsection (3) applies where, before this section comes into force—
a franchising authority or authorities has published a consultation
document under
section 123E
(2)
of the
Transport Act 2000
relating to
a proposed franchising scheme or a variation of such a scheme, but
the scheme has not been made or varied in pursuance of the
consultation document.
Where
this subsection
applies the franchising authority or authorities may,
when making or varying the scheme in pursuance of the consultation
document, specify a minimum period under
section 123H
(2)
(d)
or
(3)
(c)
which
is less than six months.
The Transport Act 2000 is amended as follows.
In
section 123E
(4)
(a)
(consultation)
, after “local services” insert “which have
one or more stopping places”.
In
section 123N
(2)
(a)
(revocation), after “local services” insert “which have
one or more stopping places”.
In
section 123Q
(5)
(a)
(application for service permit), after “local services”
insert “which have one or more stopping places”.
In
section 123R
(5)
(a)
(conditions), after “local services” insert “which have
one or more stopping places”.
Section 123Q
of the
Transport Act 2000
(application for service permit) is
amended in accordance with
subsections (2)
to
(4)
.
“(5A)
If the application is for a service permit for a cross-boundary service,
the authority or authorities may grant the permit applied for if they are satisfied that—(a)
the benefits to persons making journeys on the proposed service
will outweigh any adverse effect on any local service that is provided under a local service contract in the area to which the scheme relates, or(b)
the benefits of the proposed service to the economy of the
relevant area, or to persons living in that area, will outweigh any such adverse effect.(5B)
If the application is for a service permit for a service that is not a
cross-boundary service, the authority or authorities may grant the permit applied for if they are satisfied that the benefits of the proposed service to the economy of the area to which the scheme relates, or to persons living in that area, will outweigh any adverse effect on any local service that is provided under a local service contract in that area.”
In
subsection (6)
, for “if they are not satisfied as to the matters in subsection
(5)(a) and (b)” substitute “except under subsection (5),
(5A)
or
(5B)
”.
“(8)
In this section—
“
cross-boundary service”, in relation to a franchising scheme,
means a service that—(a)
has one or more stopping places in the area to which
the scheme relates, but(b)
begins or ends, or begins and ends, outside that area;
“
relevant area”, in relation to a cross-boundary service, means
the combined area of each—(a)
local transport authority,
(b)
council in Scotland, and
(c)
Transport Partnership created under the Transport
(Scotland) Act 2005 ,in which the service has a stopping place.”
In section 123S (2) of that Act (revocation and suspension)—
in
paragraph (a)
, for “that a matter in section 123Q(5)(a) or (b)”
substitute “if the permit was granted under subsection (5) of section
123Q, that a matter in paragraph (a) or (b) of that subsection”;
“(aa)
if the permit was granted under subsection (5A) or (5B) of that section, that the authority or authorities are no longer satisfied as mentioned in the subsection in question,”.
The amendments made by
this section
apply only in relation to applications
for a service permit made on or after the date on which
this section
comes
into force.
The Transport Act 2000 is amended as follows.
In
section 123J
(effect of local service contracts: registration and provision of Subsection (2) does not apply in relation to a local service which is
services), after
subsection (4)
insert—
“(4A)
provided under a service permit.”
“(3)
The authority or authorities must inform a traffic commissioner of the
grant of a service permit under this section.”
“123PA Registration exemption for services provided under service permits
(1)
The franchising authority operating a franchising scheme, or the
franchising authorities operating such a scheme acting jointly, may grant an exemption from registration in respect of any local service which is, or class of local services which are, provided under a service permit in the area to which the scheme relates.(2)
Where such an exemption has effect, sections 6 to 9 of the Transport
Act 1985 (registration of local services) do not have effect in relation
to the service, or class of services, so far as operated in that area.(3)
The franchising authority or authorities may vary or revoke an
exemption granted by them under this section.(4)
Where an exemption is granted, varied or revoked under this section,
the franchising authority or authorities must—(a)
publish, in such manner as they think fit, details of the grant,
variation or revocation of the exemption, and(b)
before the end of the period of 14 days beginning with the day
on which the exemption is granted, varied or revoked, inform a traffic commissioner of the grant, variation or revocation of the exemption.”
“(2A)
The franchising authority or authorities must inform a traffic
commissioner of the revocation or suspension of a service permit under this section.”
In
section 123V
(1)
(transitional provision about schemes), after
paragraph (b)
insert— the application of section 123PA in relation to services or classes
“(ba)
of services (registration exemption for services provided under
service permits),”.
Section 123J
of the
Transport Act 2000
(effect of local service contracts:
registration requirements and provision of services) is amended as follows.
In subsection (5) —
omit the “or” at the end of paragraph (a) ;
(c)
a service falling within subsection (8).”
“(8)
A service falls within this subsection if it is a local service provided
under an agreement entered into, where a service for the carriage of passengers by railway or tramway has been temporarily interrupted—(a)
under section 40 of the Railways Act 2005 (substitute road
services), or(b)
with the person who usually provides the railway or tramway
service.”
Section 123D of the Transport Act 2000 (audit) is amended in accordance with subsections (2) to (8) .
“(1)
A franchising authority, or two or more franchising authorities acting
jointly, may not proceed with a proposed franchising scheme unless they have obtained a report from an independent approved person on the assessment of the proposed scheme (see section 123B).”
In subsection (2) —
omit “auditor’s”;
for “auditor” substitute “approved person”;
in paragraph (a), for “123B(3)(d) or (e)” substitute “123B(3)(d) and (e)”.
“(3)
The Secretary of State must issue guidance as to—
(a)
the time at which it is appropriate to appoint an approved
person to produce a report for the purposes of subsection (1) , and(b)
the matters to be taken into account by a franchising authority
when selecting such a person, including for the purposes of determining whether a person is independent.”
In subsection (5) , for “auditor” substitute “approved person”.
In subsection (6) , for “Auditors” substitute “Approved persons”.
“(8)
In this section “approved person” means a person specified, or of a
description specified, in regulations made by the Secretary of State.”
For the heading substitute “Report on assessment of proposed scheme”.
In section 123E of that Act (consultation)—
in subsection (1) , for “an auditor’s” substitute “a”;
in subsection (2) (c) omit “auditor’s”.
The amendments made by this section do not apply in relation to an
appointment of a person as an auditor, in relation to a proposed franchising
scheme, before this section comes into force.
The Transport Act 2000 is amended as follows.
In section 123M (variation of scheme)—
in subsection (3) , after “date” insert “or dates”;
omit subsection (4) ;
in subsection (7) , for “to (6)” substitute “to (6A) and Schedule 9A”;
omit subsections (8) and (9) .
“123MA Variation of scheme: supplementary
(1)
Subsections (2) to (10) of section 123H apply in relation to a franchising
scheme varied in accordance with section 123M as they apply in relation to a franchising scheme made in accordance with subsection (1) of section 123H, but subject to subsection (2) of this section.(2)
Where the variation of the scheme adds to the scheme area the scheme
must specify, in addition to the information previously specified under section 123H(2)(c) and (d), the date and minimum period to be specified in relation to local service contracts relating to local services to be provided in the additional area.(3)
In Schedule 9A —
(a)
(b)
Part 3 contains provision about the procedure to be followed
when making certain other variations of the scheme.(4)
For the purposes of this section and Schedule 9A —
(a)
a variation of a franchising scheme “adds to the scheme area”
if it involves adding an area to the area specified under section 123H(2)(a) in relation to the scheme, and(b)
“the additional area” is the area added.”
The Schedule inserts new Schedule 9A into the Transport Act 2000.
The
Public Service Obligations in Transport Regulations 2023
(S.I. 2023/1369)
are amended as follows.
“Direct award of bus contracts to incumbent operators 16A.
(1)
A franchising authority, or two or more franchising authorities
acting jointly, may make a direct award of a public service contract where—(a)
the contract is a local service contract in relation to a franchising
scheme,(b)
no local services provided in the area to which the contract relates
are provided under a local service contract, and(c)
the award is made to a public service operator who, throughout the
period of three months ending with the day on which the contract is entered into, is providing local services which are the same as, or substantially similar to, the local services to which the contract relates.(2)
Where a franchising authority makes a direct award of a public service
contract under this regulation, it must, within six months of granting the award, and while ensuring the protection of commercially sensitive information and commercial interests, publish a notice on its website which—(a)
sets out the information specified in paragraph (3) , or
(b)
where any of the information in paragraph (3) has already been
published (whether under regulation 23 or otherwise), provides details of where that information can be accessed,and, where the award is made by two or more franchising authorities acting jointly, the notice must be published on each authority’s website.
(3)
The information referred to in paragraph (2) is—
(a)
the name of the public service operator, its ownership and, if relevant,
the name of the party or parties exercising legal control,(b)
the duration of the public service contract,
(c)
a description of the passenger transport services to be performed,
(d)
a description of the parameters of the financial compensation,
(e)
information about any quality targets, such as punctuality and
reliability and any applicable rewards and penalties, and(f)
information about any targets or requirements intended to protect
the environment or to ensure local services are accessible and inclusive.(4)
In this regulation, each of the following terms has the same meaning as
in Part 2 of the Transport Act 2000 —“
franchising authority”;“
franchising scheme”;“
local service”;“
local service contract”.”
In regulation 9 (duration of public service contracts)—
in
paragraph (1)
(c)
, after “under” insert “regulation 16A (direct award
of bus contracts to incumbent operators) or”;
in
paragraph (4)
, after “measures)” insert “, regulation 16A (direct
award of bus contracts to incumbent operators)”.
In
regulation 22
(3)
(b)
(pre-award publication), at the end insert or “regulation
16A (direct award of bus contracts to incumbent operators)”.
The Transport Act 2000 is amended in accordance with subsections (2) and (3) .
In section 138A (enhanced partnership plans and schemes)—
“(ba)
lists which of those local services the authority or
authorities consider are socially necessary local services,”;
“(4A)
A review under subsection (4) is not to include a review of the
list of socially necessary local services required by subsection (3) (ba) ; but the authority or authorities must keep that list under review and amend it from time to time as appears to them to be necessary.”;
“(15)
In this section and section 138C “socially necessary local
service”, in relation to the area to which an enhanced partnership plan relates, means a local service which—(a)
enables passengers to access—
(i)
essential goods and services,
(ii)
economic opportunities (including employment),
or(iii)
social activities, and
(b)
if cancelled, is likely to have a material adverse effect
on the ability of passengers to access those goods, services, opportunities or activities.”
“(9A)
An enhanced partnership scheme must—
(a)
specify requirements that apply where the operator of a socially
necessary local service listed as required by section 138A(3) (ba) proposes—(i)
to cancel a registration under section 6 of the Transport
Act 1985 in relation to the service, or(b)
require a local transport authority or authorities, having been
notified of a proposed cancellation or a proposed variation which is likely to have such an effect, to consider whether any alternative arrangements may be made so as to mitigate that effect.”.
The local transport authority or authorities to whose area or combined area,
or part of it, an enhanced partnership relates on the day on which
this section
comes into force (“the commencement day”) must, before the end of the period
of one year beginning with that day—
vary the plan in accordance with
subsection (3)
of
section 138K
of the
Transport Act 2000
so that it identifies which of the services provided
in the area are socially necessary local services, and
vary, in accordance with
that subsection
, each enhanced partnership
scheme which, on the commencement day, relates to the whole or part
of the area to which the plan relates so that section 138C
(9A)
of that
Act is satisfied in relation to the scheme.
The Transport Act 2000 is amended in accordance with subsections (2) to (6) .
In section 138F (preparation, notice and consultation)—
“(c)
require any objections to be made before the end of the
period of 28 days beginning with the day on which the notice is given (“the objection period”).”;
“(4A)
A local transport authority or authorities may give notice of a
proposal under subsection (1)(d) before the end of the objection period if every person to whom the notice under subsection (1)(c) is required to be given has confirmed in writing that they do not intend to object.”;
in
subsection (5)
, for “period for objections stated in the notice under
subsection (1)(c)” substitute “objection period”.
In section 138G (making of plans and schemes)—
“(c)
require any objections to be made before the end of the
period of 28 days beginning with the day on which the notice is given (“the objection period”).”;
“(3A)
The authority or authorities may make the plan and scheme
with modifications before the end of the objection period if every person to whom the notice under subsection (2) is required to be given has confirmed in writing that they do not intend to object.”;
in
subsection (4)
, for “period for objections stated in the notice under
subsection (2)” substitute “objection period”.
In section 138L (variation: preparation, notice and consultation)—
“(c)
require any objections to be made before the end of the
period of 28 days beginning with the day on which the notice is given (“the objection period”).”;
“(4A)
A local transport authority or authorities may give notice of a
proposal under subsection (1)(d) before the end of the objection period if every person to whom the notice under subsection (1)(c) is required to be given has confirmed in writing that they do not intend to object.”;
in
subsection (5)
, for “period for objections given in the notice under
subsection (1)(c)” substitute “objection period”.
In section 138M (making a variation)—
“(d)
require any objections by persons who are operators of
qualifying local services at the qualifying time to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).”;
“(4A)
The authority or authorities may vary the plan or scheme (with
or without modifications) before the end of the objection period if every person to whom the notice under subsection (3) is required to be given has confirmed in writing that they do not intend to object.”;
omit subsection (8) (c) .
In section 138O (revocation)—
omit subsection (7) (a) ;
“(d)
require any objections to the revocation by persons who
are operators of qualifying local services at the qualifying time to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).”;
“(7A)
The notice under subsection (6) may state the date on which
the plan or scheme is to be revoked.(7B)
The authority or authorities may revoke the plan or scheme
before the end of the objection period if every person to whom the notice under subsection (6) is required to be given has confirmed in writing that they do not intend to object.”;
omit subsection (11) (c) .
In the Enhanced Partnership Plans and Schemes (Objections) Regulations 2018 (S.I. 2018/404) omit regulations 7 (2) and 8 (2) .
In
section 143B
of the
Transport Act 2000
(power to obtain information about
local services), after
subsection (4)
insert— A local transport authority or authorities may not require an operator of their intention to impose the requirement, and of the date on which they intend to do so and the period that When imposing the requirement the authority or authorities must
“(4A)
to supply information under this section unless, at least 14 days before
imposing the requirement, they have given notice to the operator—
(a)
(b)
they intend to allow for the provision of the information.
(4B)
have regard to any representations made by the operator in response
to the notice under
subsection (4A)
.”
In the
Bus Services Act 2017
omit
section 22
(restriction on formation of bus
companies by local government in England).
A director of a local government bus company who is—
paid for acting in that capacity, or
an employee of the company or a subsidiary of the company,
is disqualified for being elected or being a member of a relevant authority if the company is under the control of the authority.
For the purposes of
subsection (2)
, a company is under the control of a relevant
authority if—
the company is a subsidiary of the authority, or
the authority is one of two or more relevant authorities that are
members of the company and the company would be a subsidiary of
those authorities if they were a single body corporate.
Subsections (1)
to
(3)
apply in relation to a director of a subsidiary of a local
government bus company as they apply in relation to a director of such a
company.
In subsections (2) to (4) —
“
local government bus company” means a company formed by a relevant
authority or authorities for the purpose of providing a local service;
“
local service” has the same meaning as in the
Transport Act 1985
(see
section 2 of that Act);
“
relevant authority” means—
a county council in England,
a district council in England,
a combined authority established under
section 103
of the
Local
Democracy, Economic Development and Construction Act 2009
,
a combined county authority established under
section 9
(1)
of
the
Levelling-up and Regeneration Act 2023
, or
an Integrated Transport Authority for an integrated transport
area in England;
“
subsidiary” has the same meaning as in the
Companies Act 2006
(see
section 1159 of that Act).
In the Transport Act 1985 —
in
section 66
(exclusion of powers of district councils to run bus
undertakings)—
in subsection (1) , for “subsection” substitute “subsections (1A) and”;
“(1A)
Subsection (1) does not prevent a non-metropolitan
district council in England from forming a company for the purpose of providing a local service.”
in
section 73
(5) (activities of public transport companies), at the end in relation to the provision of local services by a public
insert—
“(c)
transport company or any other activity of the company
relating to such services.”
In
section 123O
(3)
of the
Transport Act 2000
omit the words from “apart” to
the end.
In
Schedule 4
to the
Levelling-up and Regeneration Act 2023
omit paragraph
212.
In the
Transport Act 2000
, after
section 154
insert— A local transport authority whose area is in England may make grants The services are— local services which have one or more stopping places in the services which have one or more stopping places in the Grants under this section are to be of such amount and subject to such If a local transport authority is a mayoral combined authority, the If a local transport authority is a mayoral CCA, the function under The Secretary of State may issue guidance as to the exercise of The guidance may, in particular, include guidance— about the protection of services mentioned in subsection
(2)
that are socially necessary,
about how the services mentioned in
that subsection
can setting out practical considerations to be taken into account The Secretary of State may at any time vary or revoke guidance issued The Secretary of State must publish— guidance issued under
subsection (6)
, and any variation or revocation of the guidance.
Section 88
(1)
of the
Transport Act 1985
(application to subsidy
“154A
Grants by local transport authorities in England
(1)
to operators of the services mentioned in subsection
(2)
towards their
costs in operating those services in that area.
(2)
(a)
authority’s area, and
(b)
authority’s area and would be local services but for
section
2
(4)
(b)
of the
Transport Act 1985
.
(3)
conditions (including conditions requiring their repayment in specified
circumstances) as may be determined by the authority.
(4)
function under subsection
(1)
is a function of the combined authority
exercisable only by the mayor acting on behalf of the combined
authority.
(5)
subsection
(1)
is a function of the combined county authority
exercisable only by the mayor acting on behalf of the combined county
authority.
(6)
functions under this section by local transport authorities and mayors;
and they must have regard to any such guidance.
(7)
(a)
(b)
contribute to economic growth and the protection of the
environment, and
(c)
when exercising functions under this section.
(8)
under
subsection (6)
.
(9)
(a)
(b)
(10)
agreements of sections 89 to 92 of that Act) does not apply in relation
to grants under this section.”
The Transport Act 1985 is amended as follows.
In section 6 (registration of local services)—
in subsection (9) —
“(da)
in the case of regulations made by the Secretary
of State, for the prescribed particulars in respect of a service to be given to such persons as may be prescribed;(e)
in the case of regulations made by the Secretary
of State, for an application for registration, or for the variation or cancellation of a registration, not to be accepted by a traffic commissioner unless—(i)
the applicant gives, to such persons as
may be prescribed, such information as a traffic commissioner may reasonably require in connection with the application, or(ii)
the applicant is subject to requirements
imposed by regulations made by virtue of section 141A (1) (a) of the Transport Act
2000 and complies with those
requirements ;(ea)
in the case of regulations made by the Welsh
Ministers, for an application for registration, or for the variation or cancellation of a registration, not to be accepted by a traffic commissioner unless the applicant gives to a traffic commissioner such information as a traffic commissioner may reasonably require in connection with the application.”;
(i)
in the case of regulations made by the Secretary
of State, to such persons as may be prescribed;(ii)
in the case of regulations made by the Welsh
Ministers, to a traffic commissioner”;
“(kb)
in the case of regulations made by the Secretary
of State, for making provision as to the use and disclosure of information given or records made available under this section;”;
“(12)
Regulations made by the Secretary of State under this section
may make provision about the manner and form in which information is to be provided (including, in particular, provision requiring it to be provided electronically).”
In section 6I (records of registration etc)—
in
subsection (4)
, for “a traffic commissioner” substitute “such persons
as may be prescribed”;
“(b)
as to the particulars to be supplied under subsection
(4);(c)
about the manner and form in which the particulars
are to be supplied under that subsection (including, in particular, provision requiring them to be supplied electronically);(d)
as to the use and disclosure of records kept and
particulars supplied under this section.”
Section 141A
of the
Transport Act 2000
(power to require information about
English bus services) is amended as follows.
In subsection (2) —
at the end of paragraph (a) omit “or”;
(c)
in order to monitor the provision of relevant local
services and to facilitate the exercise of functions by the Secretary of State.”
In subsection (3) —
in
paragraph (a)
, for “and tickets” substitute “, tickets and passenger
numbers”;
at the end of paragraph (b) omit “and”;
“(d)
information about operators of the services;
(e)
information about the vehicles used to provide the
services, including information about their features and equipment, the way in which they are to be used in relation to particular routes, the distance travelled by them and the number of journeys made by them;(f)
a statement, in relation to a relevant local service, as to
whether the service consists of excursions or tours.”
In subsection (4) —
at the end of paragraph (a) , omit “and”;
(c)
information about the costs of operating the services
and the number of staff engaged in operating the services.”
“(b)
provision for the information to be provided to a traffic
commissioner.”
In the
Statistics of Trade Act 1947
, after
section 9A
insert— Nothing in section 9 prevents or penalises the publication by the a person who, when the information was obtained, held a PSV another person acting on behalf of such a person. For the purposes of this section, information about relevant local the vehicles used to provide the services, including information the number of tickets sold for travel on the services and the the revenue earned from and the costs of operating the services; the number of staff engaged in the operation of the services. In this section— “PSV operator’s licence” has the same meaning as in the
Public “relevant local service” means a local service which has one or “the qualifying period” means the period— beginning with 1 May 2015, and ending with the day on which
section 19
of the
Bus “local service” and “stopping place” have the same meanings At least 30 days before publishing any information in reliance on
section 9B
, the Secretary of State must publish a notice— describing in general terms the information to be published, stating that the information is to be published in reliance on The notice must be published on a website maintained by or on behalf On the publication of any information in reliance on
section 9B
, the section 9, and any subordinate legislation (within the meaning of the
Interpretation Act 1978
) made under that section.”
“9B
Exception for publication of information about local bus services
(1)
Secretary of State of information about relevant local services obtained
under section 1 of this Act during the qualifying period from—
(a)
operator’s licence, or
(b)
(2)
services includes (but is not limited to) information about—
(a)
about their features and equipment, the distance travelled by
them and the number of journeys made by them;
(b)
number of passengers who travelled on them;
(c)
(d)
(3)
(a)
Passenger Vehicles Act 1981
(see section 82(1) of that Act);
(b)
more stopping places in England;
(c)
(i)
(ii)
Services (No. 2) Act 2025
came into force;
(d)
as in the
Transport Act 1985
(see sections 2 and 137(1) of that
Act).
9C
Notice and effect of publication of information under
section 9B
(1)
(a)
and
(b)
that section.
(2)
of the Secretary of State (and may also be published in any other
manner that the Secretary of State thinks appropriate).
(3)
following cease to apply in relation to the information—
(a)
(b)
Section 24
of the
Public Passenger Vehicles Act 1981
(regulation of conduct
of inspectors) is amended in accordance with
subsections (2)
and
(3)
.
“(1A)
Regulations under subsection (1)(b) may, in particular, make provision
about whether or not a person authorised to act as an inspector by a relevant authority may act in that capacity in relation to a relevant local service—(a)
at times when the public service vehicle used to provide the
service is outside the area of the authority (including when the vehicle is in Wales or Scotland);(b)
which does not have a stopping place in the area of the
authority.”
“(4)
In this section and section 25 “inspector”, in relation to a public service
vehicle, means—(a)
a person authorised to act as an inspector by the holder of the
PSV operator’s licence under which the vehicle is being used, and(b)
in the case of a vehicle being used to provide a relevant local
service, a person authorised to act as an inspector by a relevant authority.(4A)
In this section—
“
relevant authority” means—(a)
a local transport authority (within the meaning given
by Part 2 of the Transport Act 2000) whose area is in England, or(b)
Transport for London;
“
relevant local service” means a local service which has one or
more stopping places in England;“
stopping place” has the same meaning as in the Transport Act
1985 .”
In the
Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors
and Passengers) Regulations 1990
(S.I. 1990/1020), “inspector” includes an
inspector authorised as mentioned in
section 24
(4)(b)
of the
Public Passenger
Vehicles Act 1981
.
“Local transport authority byelaws
144A Power of local transport authorities to make bus byelaws
(1)
A local transport authority whose area is in England, or two or more
such authorities acting jointly, may make byelaws regulating one or more of the following—(a)
travel on their local services;
(b)
the maintenance of order—
(i)
on their local services;
(ii)
at bus facilities in their area or combined area;
(c)
the conduct of persons—
(i)
while travelling on their local services;
(ii)
using bus facilities in their area or combined area.
(2)
The byelaws may, in particular, make provision—
(a)
with respect to tickets issued for entry to and travel on local
services and the evasion of payment of fares or other charges;(b)
with respect to interference with, or obstruction of, local services
and bus facilities;(c)
prohibiting vaping by persons on local services;
(d)
prohibiting smoking and vaping by persons at bus facilities;
(e)
with respect to the prevention of nuisance.
(3)
The byelaws may provide that a person contravening them is guilty
of an offence and liable, on summary conviction, to a fine not exceeding—(a)
level 3 on the standard scale, or
(b)
such lower level or lower amount as is specified in the byelaws.
(4)
In this section—
(a)
references to the local services of a local transport authority or
authorities are to local services—(i)
provided under local service contracts entered into by
the authority or authorities under a franchising scheme, or(ii)
to which an enhanced partnership scheme made by the
authority or authorities relates;(b)
“bus facility” means—
(i)
premises used as a bus station by local services, or for
the provision of associated facilities in relation to such a bus station;(ii)
a bus shelter and the land on which it stands;
(c)
“bus station” and “associated facilities” in relation to a bus
station have the same meanings as in the Transport Act 1985 (see section 83(5) of that Act);(d)
“bus shelter” means a shelter or other accommodation provided
at a stopping place for the use of persons intending to travel on local services.144B Byelaws: procedure
(1)
Where a local transport authority or authorities propose to make
byelaws under section 144A , they must—(a)
publish a copy of the proposed byelaws on their website or
websites, and(b)
publish on their website or websites and in one or more local
newspapers circulating in the authority’s or authorities’ area or combined area a notice of the proposal to make byelaws.(2)
The notice must—
(a)
state the manner in which a printed copy of the proposed
byelaws will be open to public inspection,(b)
in the case of a notice published in a newspaper, give details
of the website or websites where a copy of the proposed byelaws can be found, and(c)
state that any person affected by the proposed byelaws may
make representations about them to the authority or authorities within the period specified in the notice.(3)
The period specified for the purposes of subsection (2) (c) must be a
period of at least 28 days beginning with the day after that on which the notice is published.(4)
The local transport authority or authorities must not submit the
byelaws for confirmation unless they have considered the representations that have been made to them.(5)
The Secretary of State may—
(a)
confirm (with or without modifications) the byelaws submitted
for confirmation, or(b)
refuse to confirm them.
(6)
The Secretary of State may fix a date for the coming into force of any
byelaws confirmed under subsection (5) (a) ; but if no such date is fixed the byelaws come into force at the end of the period of 28 days beginning with the day after that on which they are confirmed.(7)
The power to make byelaws under section 144A includes the power
to make byelaws amending or revoking byelaws made under that section.(8)
The Secretary of State may by regulations revoke byelaws made under section 144A .
144C Byelaws: copies and evidence
(1)
If the Secretary of State has confirmed byelaws made under section
144A , the local transport authority or authorities which made them
must print copies of the byelaws, of which—(a)
at least one must be kept at the authority’s principal office or
at each of the authorities’ principal offices,(b)
one must be sent to the Secretary of State, and
(c)
one must be supplied to any person who requests it, on
payment by the person of such reasonable charge as the authority or authorities may determine.(2)
The authority or authorities must publish on their website or
websites—(a)
a copy of the byelaws, and
(b)
a notice stating—
(i)
that the byelaws have been confirmed and when they
come into force,(ii)
where printed copies of the byelaws can be inspected,
and(iii)
how printed copies of the byelaws can be obtained.
(3)
The production of a printed copy of byelaws which is indorsed with
a certificate—(a)
stating one or more matters specified in subsection (4) , and
(b)
purporting to be signed by an officer of a local transport
authority by whom the byelaws purport to have been made,is evidence of what is stated in the certificate.
(4)
Those matters are—
(a)
that the byelaws were made by the local transport authority
or authorities,(b)
that the copy is a true copy of the byelaws,
(c)
that the byelaws were confirmed by the Secretary of State on
the date specified in the certificate, and(d)
the date of the coming into force of the byelaws.
144D Powers of authorised persons in relation to byelaws
(1)
An authorised person may—
(a)
issue a fixed penalty notice (see section 144E ) to anyone who
that person has reason to believe has committed an offence under—(i)
byelaws under section 144A , or
(ii)
this section;
(b)
require a person who the authorised person reasonably suspects
of committing or attempting to commit an offence under byelaws under section 144A to do one or both of the following—(i)
to give their name and address;
(ii)
to leave any vehicle or premises in relation to which
the byelaws apply.(2)
An authorised person may use reasonable force to remove a person
who has failed to comply with a requirement under subsection
(1) (b) (ii) .(3)
A person who fails to comply with a requirement under subsection
(1) (b) commits an offence and is liable, on summary conviction, to a
fine not exceeding level 3 on the standard scale.(4)
The Secretary of State may issue guidance about the exercise of
functions under this section and section section 144E , and local transport authorities whose areas are in England and authorised persons must have regard to the guidance when exercising those functions.(5)
The Secretary of State may at any time vary or revoke guidance issued
under subsection (4) .(6)
The Secretary of State must publish—
(a)
guidance issued under subsection (4) , and
(b)
any variation or revocation of the guidance.
(7)
In this section “authorised person” means a person authorised for the
purposes of this section by the local transport authority or authorities which made the byelaws.144E Fixed penalty notices
(1)
A fixed penalty notice issued under section 144D is a notice offering
the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the person specified in the notice.(2)
Where a person is issued with a fixed penalty notice in respect of an
offence—(a)
no proceedings may be taken for the offence before the end of
the period of 14 days following the date of the notice;(b)
the person may not be convicted of the offence if the person
pays the fixed penalty before the end of that period.(3)
A fixed penalty notice must—
(a)
give reasonably detailed particulars of the circumstances alleged
to constitute the offence;(b)
state the period during which (because of subsection (2) (a) ) proceedings will not be taken for the offence;
(c)
specify the amount of the fixed penalty;
(d)
state the name and address of the person to whom the fixed
penalty may be paid;(e)
specify permissible methods of payment.
(4)
An amount specified under subsection (3) (c) must not be more than
£100.(5)
A fixed penalty notice may specify two amounts under subsection
(3) (c) and specify that, if the lower of those amounts is paid within a
specified period (of less than 14 days), that is the amount of the fixed penalty.(6)
Whatever other method may be specified under subsection (3) (e) , payment of a fixed penalty may be made by pre-paying and posting to the person whose name and address is stated under subsection
(3) (d) , at the stated address, a letter containing the amount of the penalty (in cash or otherwise).(7)
Where a letter is sent as mentioned in subsection (6) , payment is
regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.(8)
In any proceedings, a certificate that—
(a)
purports to be signed by or on behalf of the chief finance officer
of the local transport authority concerned, and(b)
states that payment of a fixed penalty was, or was not, received
by the date specified in the certificate,is evidence of the facts stated.
(9)
In this section “chief finance officer”, in relation to a local transport
authority, means the person with responsibility for the authority's financial affairs.”
Subsection (3)
of
section 235
of the
Local Government Act 1972
does not
prevent byelaws being made under
that section
which could also be made
under
section 144A
of the
Transport Act 2000
where the local authority making
the byelaws made an application to the Secretary of State under regulation
6 of the Byelaws (Alternative Procedure) (England) Regulations 2016 (S.I.
2016/165) before
this section
came into force.
The Secretary of State may give guidance about stopping places for local
services, and facilities in the vicinity of such stopping places, for the purposes
of—
promoting the safety of persons using such facilities, or
facilitating travel by persons with disabilities (within the meaning
given by
section 6
of the
Equality Act 2010
) on local services.
The guidance may, in particular, include guidance about—
the location, design, construction and maintenance of stopping places
and facilities in the vicinity of stopping places;
how persons required to have regard to the guidance are to engage
with other persons in relation to stopping places and facilities in the
vicinity of stopping places.
The Secretary of State may at any time vary or revoke guidance under
this
section
.
The Secretary of State must publish guidance given under
this section
and
any variation or revocation of the guidance.
The Secretary of State must consult the Disabled Persons Transport Advisory
Committee—
before giving or revoking guidance under this section , or
before varying guidance under
this section
in a way which, in the
opinion of the Secretary of State, results in a substantial change to the
guidance.
The following must have regard to guidance published under this section when commissioning the design, construction or maintenance of a stopping place for a local service, or any facilities in the vicinity of a stopping place for a local service—
a local transport authority (within the meaning given by Part 2 of the Transport Act 2000 ) whose area is in England;
a local traffic authority (within the meaning given by
section 121A
of
the
Road Traffic Regulation Act 1984
), in relation to stopping places
on roads in England outside Greater London;
a strategic highways company (within the meaning given by
section
1
of the
Infrastructure Act 2015
), in relation to stopping places on
highways in England.
In this section —
“
facilities” means any facilities provided—
to assist persons with accessing a stopping place,
for the use of passengers awaiting, boarding or alighting from
a public service vehicle being used to provide a local service,
or
to assist a driver of a public service vehicle being used to
provide a local service in positioning the vehicle at a stopping
place so as to enable passengers to board or alight from the
vehicle;
“
local service” has the same meaning as in the
Transport Act 1985
(see
section 2 of that Act);
“
stopping place” has the same meaning as in the
Transport Act 1985
(see
section 137 of that Act).
In the
Public Passenger Vehicles Act 1981
, after
Part 2
insert— The operator of a public service vehicle may not permit another person Condition 1 is that— the operator has, within the past three years, checked a relevant the certificate does not show that the person is barred from Condition 2 is that— the operator has, within the past three years, checked— a relevant enhanced criminal record certificate relating up-date information given, within the past three years, the certificate does not show that the person is barred from the up-date information is not advice to request the person to In this section—
“
“ A reference in this Part to regulated activity relating to children is to For the purposes of this Part, a person drives a public service vehicle by driving the vehicle the person is engaging in regulated the children using the service are being conveyed between their the vehicle is being used in circumstances such that a PSV In this Part— “primary education”, “secondary education” and “further “children” means persons who have not attained the age of
“Part 2A
Safeguarding duty: drivers of school services
29A
Duty to check barring information
(1)
to drive the vehicle for a school service unless condition 1 or 2 is met.
(2)
(a)
enhanced criminal record certificate issued within that period
relating to the person who is to drive the vehicle, and
(b)
regulated activity relating to children.
(3)
(a)
(i)
to the person who is to drive the vehicle, and
(ii)
under
section 116A
of the
Police Act 1997
in relation to
the certificate,
(b)
regulated activity relating to children, and
(c)
apply for a new enhanced criminal record certificate.
(4)
enhanced criminal record certificate” means an enhanced criminal
record certificate issued under
section 113B
of the
Police Act
1997
;
relevant enhanced criminal record certificate” means an enhanced
criminal record certificate which includes, by virtue of
section
113BA
of the
Police Act 1997
, suitability information relating
to children.
29B
Interpretation of Part 2A
(1)
be construed in accordance with
Part 1
of
Schedule 4
to the
Safeguarding Vulnerable Groups Act 2006
.
(2)
for a school service where—
(a)
activity relating to children by virtue of
paragraph 2
(1)
(f)
of
Schedule 4
to the
Safeguarding Vulnerable Groups Act 2006
,
(b)
homes and institutions for providing primary, secondary or
further education that they are attending, and
(c)
operator’s licence is required for its use.
(3)
(a)
education” have the meanings given in the
Education Act 1996
(see section 2 of that Act);
(b)
18.”
The Transport Act 2000 is amended as follows.
“Training of staff
144F Training about crime and anti-social behaviour
(1)
The holder of a PSV operator’s licence must ensure that the training
requirement is fulfilled in relation to any person who—(a)
drives a public service vehicle being used under the licence to
provide a local service, or(b)
on behalf of the holder of the licence deals directly with—
(i)
passengers travelling on vehicles being used under the
licence to provide local services, or(ii)
issues related to such passengers.
(2)
The training requirement is that, within the past five years, the person
has completed training the aim of which is to assist the person to identify, respond appropriately to and, where possible, prevent—(a)
criminal offences that would cause a victim or potential victim
of the offence to fear for their personal safety, and(b)
anti-social behaviour, within the meaning given by section 29 (1) of the Anti-social Behaviour Act 2003 .
(3)
The Secretary of State may by regulations require holders of PSV
operators’ licences—(a)
to keep such records relating to their compliance with the
requirements of this section as are specified or described in the regulations,(b)
to publish, in such manner and at such times as the regulations
specify, such information relating to their compliance with the requirements of this section as is specified or described in the regulations, and(c)
to provide to the Secretary of State such information relating
to their compliance with the requirements of this section as the Secretary of State may require.(4)
The Secretary of State may issue guidance about compliance with the
requirements of this section and of regulations made under it.(5)
The Secretary of State may at any time vary or revoke guidance issued
under subsection (4) .(6)
The Secretary of State must publish—
(a)
guidance issued under subsection (4) , and
(b)
any variation or revocation of the guidance.”
“(1ZDA)
Where a traffic commissioner is satisfied that the holder of a PSV
operator’s licence has, without reasonable excuse, failed to comply with a requirement of section 144F or of regulations made under that section, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).”
Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 is amended as follows.
In Article 2 (scope), at the end of paragraph 2 insert “, and where the service
is a local service, point (a) of Article 16(1) shall also apply”.
“(y)
“local service” means a local service within the meaning given
by the Transport Act 1985.”
In Article 16 (training)—
in paragraph 1(b), for “as described in part (a) of Annex II” substitute as described in part (a) of Annex II, and in relation to local services, as described in part (b)
“—
(i)
(ii)
of Annex II.”, and
“1A.
Carriers and terminal managing bodies must ensure that the
requirements of paragraph 1 have been completed within the past five years in relation to any of their personnel who fall within point (a) or (b) of that paragraph in relation to local services.”
The Secretary of State may by regulations made by statutory instrument
require carriers and terminal managing bodies—
to keep such records relating to their compliance with the disability
training requirements as are specified or described in the regulations,
to publish, in such manner and at such times as the regulations specify,
such information relating to their compliance with the disability
training requirements as is specified or described in the regulations,
and
to provide to the Secretary of State such information relating to their
compliance with the disability training requirements as the Secretary
of State may require.
The power to make regulations under this section includes power to make—
consequential, supplementary, incidental, transitional or saving
provision;
different provision for different purposes.
A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may issue guidance about compliance with the
requirements of—
disability training requirements, and
regulations made under this section .
The Secretary of State may at any time vary or revoke guidance issued under subsection (4) .
The Secretary of State must publish—
guidance issued under subsection (4) , and
any variation or revocation of the guidance.
In this section —
“Regulation 181/2011” means
Regulation (EU) No 181/2011 of the
European Parliament and of the Council
of 16 February 2011
concerning the rights of passengers in bus and coach transport and
amending
Regulation (EC) No 2006/2004
,
“carrier” and “terminal managing body” have the same meanings as
in
Regulation 181/2011
, and
“disability training requirements” means the requirements of paragraph
1 of Article 16 of Regulation 181/2011 as they apply by virtue of
paragraph 1A of that Article.
“Enforcement: disability training and information 10A.
(1)
It is the duty of a traffic commissioner to exercise the powers
available to the commissioner under this regulation and any other enactments in such manner as may be necessary or expedient in the opinion of the commissioner to remedy or avoid any contravention of—(a)
the requirements of paragraph 1 of Article 16 of Regulation 181/2011 as they apply by virtue of paragraph 1A of that Article ;
(b)
the requirements of regulations made under section 26 of the Bus
Services (No. 2) Act 2025.(2)
If a traffic commissioner is satisfied that a carrier or terminal managing
body has, without reasonable excuse, contravened any such requirement, the traffic commissioner may impose a penalty on the carrier or terminal managing body.(3)
Paragraphs (6) to (8), (10) to (12) and (14) to (16) of regulation 10 apply
in relation to the imposition of a penalty under this regulation on a carrier or terminal managing body as they apply in relation to the imposition of a penalty under paragraph (4)(b)(ii) of that regulation on a relevant person.”
The Transport Act 2000 is amended as follows.
“Zero-emission vehicles
151A Use of zero-emission vehicles for registered local services in England
(1)
The operator of a local service registered under section 6 of the Transport Act 1985 which has one or more stopping places in the
relevant area may not use a vehicle that falls within subsection (2) to provide the service in that area.(2)
A vehicle falls within this subsection if—
(a)
it is constructed or adapted to carry both seated and standing
passengers, with the number of seated passengers being more than 22 (determined in accordance with regulations made under section 26 of the Public Passenger Vehicles Act 1981),(b)
it is first registered under the Vehicle Excise and Registration
Act 1994 on or after a date specified in regulations made by
the Secretary of State, and(c)
the tailpipe emissions from it include any of the following—
(i)
carbon dioxide;
(ii)
carbon monoxide;
(iii)
hydrocarbon;
(iv)
nitrogen oxide;
(v)
particulates.
(3)
The Secretary of State may by regulations—
(a)
specify descriptions of document that may be relied on in order
to determine for the purposes of this section what is included in the tailpipe emissions from a vehicle,(b)
specify descriptions of vehicle in relation to which subsection
(1) does not apply, and(c)
specify local services or descriptions of local service in relation
to which subsection (1) does not apply.(4)
The date specified under subsection (2) (b) may not be before 1 January
2030.(5)
In this section “the relevant area” means England outside Greater
London.”
In
section 155
(sanctions), after
subsection (1ZDA)
(inserted by
section 24
of Where a traffic commissioner is satisfied that the operator of a local
this Act), insert—
“(1ZDB)
service has, without reasonable excuse, operated the local service in
contravention of
section 151A
(1)
of this Act, the traffic commissioner
may make one or more orders under subsection (1A)(a) or (d).”
The Secretary of State may by regulations make provision that is consequential
on this Act.
Regulations under this section may amend, repeal or revoke provision made
by or under an Act passed—
before this Act, or
later in the same session of Parliament as this Act.
The power to make regulations under this section includes power to make—
consequential, supplementary, incidental, transitional or saving
provision;
different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section that amend
or repeal provision made by an Act may not be made unless a draft of the
instrument has been laid before and approved by a resolution of each House
of Parliament.
Any other statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
The following provisions extend to England and Wales and Scotland—
The remaining provisions of this Act extend to England and Wales only.
Section
21
comes into force at the end of the period of two months beginning
with the day on which this Act is passed.
Section
23
comes into force at the end of the period of six months beginning
with the day on which this Act is passed.
The remaining provisions of this Act come into force—
for the purposes of making regulations, on the day on which this Act
is passed;
for remaining purposes, on such day or days as the Secretary of State
may by regulations made by statutory instrument appoint.
The Secretary of State may by regulations made by statutory instrument make
transitional or saving provision (in addition to any transitional and saving
provision made by this Act) in connection with the coming into force of any
provision of this Act.
This Act may be cited as the Bus Services (No. 2) Act 2025.
After
Schedule 9
to the
Transport Act 2000
insert— A franchising authority or authorities must comply with the requirements The franchising authority or authorities must prepare an assessment of the The assessment must— describe the effects that the proposed variation is likely to produce, compare the proposed variation to making an enhanced partnership The assessment must also include consideration of— whether the proposed variation would contribute to the the authority’s or authorities’ policies under section 108(1)(a), other policies affecting local services that the authority or whether the proposed variation would contribute to the those authorities’ policies under section 108(1)(a), and other policies affecting local services that those authorities how the authority or authorities would operate the scheme as whether the authority or authorities would be able to afford to whether the scheme as proposed to be varied would represent value the extent to which the authority or authorities are likely to be able The Secretary of State must issue guidance concerning the preparation of Franchising authorities must have regard to any such guidance. In this paragraph “relevant local authority” means— a local transport authority, a London transport authority, or a council in Scotland. Before preparing an assessment of a proposed variation under
paragraph The franchising authority or authorities may not proceed with the proposed The report must state whether, in the opinion of the approved person— the information relied on by the authority or authorities in the analysis of that information in the assessment is of sufficient the authority or authorities had due regard to guidance issued under
paragraph 2
in preparing the assessment. The Secretary of State must issue guidance as to— the time at which it is appropriate to appoint an approved person the matters to be taken into account by a franchising authority when Franchising authorities must have regard to any such guidance. The Secretary of State must issue guidance concerning the matters to be Approved persons must have regard to any such guidance. In this paragraph “approved person” means a person specified, or of a This paragraph applies if, after a report under
paragraph 4
, the authority The authority or authorities must— publish a consultation document relating to the proposed variation publish the assessment of the proposed variation, publish the report on that assessment, and give notice of the proposed variation in such manner as the authority A notice under
sub-paragraph (2)
(d)
must— describe the proposed variation, and state where copies of the proposed variation and the documents After giving notice under
sub-paragraph (2)
(d)
, the authority or authorities all persons operating local services which have one or more stopping all other persons holding a PSV operator’s licence or a community such persons as appear to the authority or authorities to represent such organisations appearing to the authority or authorities to be any other relevant local authority any part of whose area would, a traffic commissioner, the chief officer of police for each police area covering the whole the Passengers’ Council, and the Competition and Markets Authority. The authority or authorities may modify the proposed variation after In
sub-paragraph (4)
(e)
“relevant local authority” means— a local transport authority, a district council, a National Park authority, the Broads Authority, a London transport authority, or a council in Scotland. A consultation document under
paragraph 5
(2)
(a)
relating to the proposed a description of the area to which the scheme as proposed to be a description of areas within that area for which different provision a description of the local services that are proposed to be provided a description of the local services that are proposed to be excepted the date on which the scheme is proposed to be varied, the date or dates by which it is proposed that local service contracts the period or periods it is proposed will expire between the making a description of the authority’s or authorities’ proposed plans for a statement about how, in conducting the procurement process for the date by which responses to the consultation must be received. The consultation document must also include a summary of the assessment A franchising authority or authorities that conduct a consultation under
paragraph 5
must publish a report setting out— the authority’s or authorities’ response to the consultation; the authority’s or authorities’ decision on whether to vary the If the decision is to vary the franchising scheme, the report must be The authority or authorities must give notice of the report to a traffic If the authority or authorities decide to vary the franchising scheme, the If a franchising authority are a mayoral combined authority, the function If a franchising authority are a mayoral CCA, the function of deciding A franchising authority or authorities must comply with the requirements The authority or authorities must— publish a consultation document relating to the proposed variation give notice of the proposed variation in such manner as the authority A notice under
sub-paragraph (1)
(b)
must— describe the proposed variation, and state where copies of the proposed variation and the consultation After giving notice under
sub-paragraph (1)
(b)
, the authority or authorities all persons operating local services in the area to which the scheme all other persons holding a PSV operator’s licence or a community such persons as appear to the authority or authorities to represent such organisations appearing to the authority or authorities to be any other relevant local authority any part of whose area would, a traffic commissioner, the chief officer of police for each police area covering the whole the Passengers’ Council, and the Competition and Markets Authority. The authority or authorities may modify the proposed variation after In
sub-paragraph (3)
(e)
“relevant local authority” means— a local transport authority, a district council, a National Park authority, the Broads Authority, a London transport authority, or a council in Scotland. A consultation document under
paragraph 9
relating to the proposed a description of the area to which the scheme as proposed to be a description of the local services that are proposed to be provided the date on which the scheme is proposed to be varied, and the date by which responses to the consultation must be received. A franchising authority or authorities that conduct a consultation under
paragraph 9
must publish a report setting out— the authority’s or authorities’ response to the consultation; the authority’s or authorities’ decision on whether to vary the If the decision is to vary the franchising scheme, the report must be The authority or authorities must give notice of the report to a traffic If a franchising authority are a mayoral combined authority, the function If a franchising authority are a mayoral CCA, the function of deciding A franchising authority or authorities must comply with the requirements does not include a variation of the area specified under section does include one or more of the following— a variation of the local services specified under section a variation of the scheme sub-areas specified under section a variation of the period specified under section 123H(2)(d) a variation of the local services that are excepted under The franchising authority or authorities must consult— in the case of a variation mentioned in
paragraph 12
(b)
(i)
,
(ii)
or
(iv)
— any other relevant local authority any part of whose area such organisations appearing to the authority or authorities the Passengers’ Council, in the case of a variation mentioned in
paragraph 12
(b)
(ii)
or
(iii)
, the Competition and Markets Authority,
in the case of a variation mentioned in
paragraph 12
(b)
(iii)
, a traffic in the case of any variation mentioned in
paragraph 12
(b)
— persons operating local services who would, in the opinion any other persons whom, in the opinion of the authority or In
sub-paragraph (1)
(a)
(i)
, “relevant local authority” means— a local transport authority, a district council, a National Park authority, the Broads Authority, a London transport authority, or a council in Scotland. A franchising authority or authorities that conduct a consultation under
paragraph 13
must publish a report setting out— the authority’s or authorities’ response to the consultation; the authority’s or authorities’ decision on whether to vary the If the decision is to vary the franchising scheme, the report must be The authority or authorities must give notice of the report to a traffic If a franchising authority are a mayoral combined authority, the function If a franchising authority are a mayoral CCA, the function of deciding
“Schedule 9A
Procedure for varying Franchising scheme
Part 1
Adding to scheme area
Application
1
of this Part of this Schedule before varying the area specified under section
123H(2)(a) in relation to a franchising scheme where the variation adds to
the scheme area.
Assessment
2
(1)
proposed variation.
(2)
(a)
and
(b)
plan or scheme in relation to the additional area.
(3)
(a)
implementation of—
(i)
and
(ii)
authorities have adopted and published,
(b)
implementation by neighbouring relevant local authorities of—
(i)
(ii)
have adopted and published,
(c)
proposed to be varied,
(d)
operate the scheme as proposed to be varied,
(e)
for money, and
(f)
to secure that local services in the area of the scheme as proposed
to be varied are operated under local service contracts.
(4)
(5)
an assessment under this paragraph, and that guidance may, in particular,
include guidance about methods to be used when assessing a proposed
variation.
(6)
(7)
(a)
(b)
(c)
Notice of assessment
3
2
, the franchising authority or authorities must publish, in such manner as
they consider appropriate, a notice stating that they intend to prepare such
an assessment.
Report on assessment
4
(1)
variation unless they have obtained a report from an independent approved
person on the assessment of the proposed variation (see
paragraph 2
).
(2)
(a)
considering the matters referred to in
paragraph 2
(3)
(d)
and (e) is
of sufficient quality,
(b)
quality, and
(c)
(3)
(a)
to produce a report for the purposes of
sub-paragraph (1)
, and
(b)
selecting such a person, including for the purposes of determining
whether a person is independent.
(4)
(5)
taken into account by an approved person when forming an opinion as to
whether the information relied on, and the analysis of that information, by
an authority is of sufficient quality for the purposes of
sub-paragraph (2)
.
(6)
(7)
description specified, in regulations made by the Secretary of State.
Consultation
5
(1)
or authorities wish to proceed with the proposed variation.
(2)
(a)
(see
paragraph 6
),
(b)
(c)
(d)
or authorities consider appropriate for bringing it to the attention
of persons in the area to which the scheme as proposed to be varied
relates.
(3)
(a)
(b)
mentioned in
sub-paragraph (2)
(a)
to
(c)
may be inspected.
(4)
must consult—
(a)
places in the area or areas to which the scheme as proposed to be
varied relates,
(b)
bus permit who would, in the opinion of the authority or authorities,
be affected by the proposed variation,
(c)
employees of persons falling within
paragraph (a)
,
(d)
representative of users of local services as they think fit,
(e)
in the opinion of the authority or authorities, be affected by the
proposed variation,
(f)
(g)
or part of the area to which the scheme as proposed to be varied
relates,
(h)
(i)
(5)
consulting those persons and organisations.
(6)
(a)
(b)
(c)
(d)
(e)
(f)
Consultation document
6
(1)
variation must include—
(a)
varied relates,
(b)
is proposed to be made, if such provision is proposed to be included
in the scheme as proposed to be varied,
(c)
under local service contracts,
(d)
from regulation arising because of the scheme as proposed to be
varied,
(e)
(f)
first be entered into under the scheme as proposed to be varied,
(g)
of local service contracts and the provision of local services under
such contracts,
(h)
consulting in order to seek views on how well the scheme as varied
is working,
(i)
the provision of local services under the scheme as varied, the
authority or authorities propose to facilitate the involvement of
small and medium-sized operators in the provision of local services,
and
(j)
(2)
prepared under
paragraph 2
in relation to the proposed variation.
Response to consultation
7
(1)
(a)
(b)
franchising scheme.
(2)
published at the same time as the notice of the decision is published under
section 123M(2)(a).
(3)
commissioner.
(4)
report must set out how, in conducting the procurement process for the
provision of local services under the scheme as varied, the authority or
authorities will facilitate the involvement of small and medium-sized
operators in the provision of local services.
(5)
of deciding whether to vary the franchising scheme is a function of the
combined authority exercisable only by the mayor acting on behalf of the
combined authority (including in a case where the decision is to vary a
scheme jointly with one or more other franchising authorities).
(6)
whether to vary the franchising scheme is a function of the combined
county authority exercisable only by the mayor acting on behalf of the
combined county authority (including in a case where the decision is to
vary a scheme jointly with one or more other franchising authorities).
Part 2
Reducing scheme area
Application
8
of this Part of this Schedule before varying the area specified under section
123H(2)(a) in relation to a franchising scheme where the variation does not
add to the scheme area.
Consultation
9
(1)
(a)
(see
paragraph 10
), and
(b)
or authorities consider appropriate for bringing it to the attention
of persons in the area to which the scheme relates.
(2)
(a)
(b)
document may be inspected.
(3)
must consult—
(a)
relates,
(b)
bus permit who would, in the opinion of the authority or authorities,
be affected by the proposed variation,
(c)
employees of persons falling within
paragraph (a)
,
(d)
representative of users of local services as they think fit,
(e)
in the opinion of the authority or authorities, be affected by the
proposed variation,
(f)
(g)
or part of the area to which the scheme relates,
(h)
(i)
(4)
consulting those persons and organisations.
(5)
(a)
(b)
(c)
(d)
(e)
(f)
Consultation document
10
variation must include—
(a)
varied relates,
(b)
under local service contracts under the scheme as proposed to be
varied,
(c)
(d)
Response to consultation
11
(1)
(a)
(b)
scheme.
(2)
published at the same time as the notice of the decision is published under
section 123M(2)(a).
(3)
commissioner.
(4)
of deciding whether to vary the franchising scheme is a function of the
combined authority exercisable only by the mayor acting on behalf of the
combined authority (including in a case where the decision is to vary a
scheme jointly with one or more other franchising authorities).
(5)
whether to vary the franchising scheme is a function of the combined
county authority exercisable only by the mayor acting on behalf of the
combined county authority (including in a case where the decision is to
vary a scheme jointly with one or more other franchising authorities).
Part 3
Other variations
Application
12
of this Part of this Schedule before varying a franchising scheme where the
variation—
(a)
123H(2)(a) in relation to the scheme, but
(b)
(i)
123H(2)(b) in relation to the scheme;
(ii)
123H(3)(a) in relation to the scheme;
(iii)
or (3)(c) in relation to the scheme;
(iv)
section 123H(5) from regulation arising because of the
scheme.
Consultation
13
(1)
(a)
(i)
would, in the opinion of the authority or authorities, be
affected by the proposed variation,
(ii)
to be representative of users of local services as they think
fit,
(iii)
(b)
(c)
commissioner, and
(d)
(i)
of the authority or authorities, be affected by the proposed
variation, and
(ii)
authorities, it would be appropriate to consult.
(2)
(a)
(b)
(c)
(d)
(e)
(f)
Response to consultation
14
(1)
(a)
(b)
scheme.
(2)
published at the same time as the notice of the decision is published under
section 123M(2)(a).
(3)
commissioner.
(4)
of deciding whether to vary the franchising scheme is a function of the
combined authority exercisable only by the mayor acting on behalf of the
combined authority (including in a case where the decision is to vary a
scheme jointly with one or more other franchising authorities).
(5)
whether to vary the franchising scheme is a function of the combined
county authority exercisable only by the mayor acting on behalf of the
combined county authority (including in a case where the decision is to
vary a scheme jointly with one or more other franchising authorities).”
A
bill
to
Make provision about local and school bus services; and for connected purposes.
Ordered to be Printed, .
© Parliamentary copyright House of Lords 2024
This publication may be reproduced under the terms of the Open Parliament Licence, which is published at www.parliament.uk/site-information/copyright
Published by the authority of the House of Lords