Transport (Scotland) Act 2001

Part — Joint transport strategies

Charging schemes to be made, varied and revoked by order

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• (1) The Scottish Ministers may by order require such public bodies as may be specified in the order to prepare, and submit to them, jointly a strategy—

• (a) dealing with such matters; and

• (b) for such purposes,

as may be so specified in relation to the discharge of the functions of those bodies relating to transport.

• (2) Before making an order under this section the Scottish Ministers shall consult—

• (a) the public bodies in respect of which they propose to make the order; and

• (b) such other persons as they consider appropriate.

• (3) An order under this section may include such provision as respects—

• (a) the form of the strategy to which it relates;

• (b) the environmental, social and economic impact of the strategy, and any other matters to which the public bodies are required to have regard in the preparation of the strategy;

• (c) the procedures relating to the preparation and making of it; and

• (d) the time within which it is to be submitted,

as the Scottish Ministers consider necessary or expedient.

• (4) An order under this section shall include provision requiring the public bodies to which it relates to consult such persons as may be specified in the order.

• (5) Where an order is made under this section, the public bodies to which it relates may consult such other persons as those bodies consider appropriate about the proposed strategy.

Directions

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• (1) Where an order is made under section 1 of this Act and—

• (a) no strategy is—

• (i) prepared; or

• (ii) submitted,

as required by that order; or

• (b) there are, in the opinion of the Scottish Ministers, other exceptional circumstances,

the Scottish Ministers may give such directions to any public body specified in the order as they think fit.

• (2) Before giving directions to a public body under subsection (1)(b) above the Scottish Ministers shall consult—

• (a) that public body; and

• (b) such other persons as they consider appropriate.

• (3) A direction under this section shall be given in writing and may be varied or revoked by the Scottish Ministers.

• (4) This section is without prejudice to section 211 of the Local Government (Scotland) Act 1973 (c.65) (powers of Scottish Ministers on complaint that local authority have failed to perform requirement imposed by or under enactment).

Part — Bus services

Quality partnership schemes

Quality partnership schemes

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Regulations as respects specifying existing facilities in quality partnership schemes

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Consultation as to proposed quality partnership scheme

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Making of quality partnership scheme

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Postponement of quality partnership scheme

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Effect of quality partnership scheme

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Variation or revocation of quality partnership scheme

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Reports on quality partnership schemes

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Regulations as respects quality partnership schemes

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Eligibility for service subsidies

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Quality contract schemes

Quality contract schemes

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Proposed quality contract scheme

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Consultation as to proposed quality contract scheme

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Approval of proposed quality contract scheme

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Making of quality contract scheme

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Tendering for quality contracts

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Exceptions from section 18(1)

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Commencement of quality contract scheme

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Postponement of quality contract scheme

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Effect of quality contract scheme

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Variation or revocation of quality contract scheme

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Reports on quality contract schemes

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Non-implementation of quality contract scheme

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Regulations as respects quality contract schemes

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Transitional provision as respects quality contract schemes

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Ticketing arrangements and ticketing schemes

Ticketing arrangements

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• (1) Each local transport authority shall from time to time determine what ticketing arrangements should be made available for their area (in this section referred to as the “required ticketing arrangements”).

• (2) Before making such a determination, the authority shall consult such organisations appearing to the authority to be representative of users of local services as they think fit.

• (3) Each authority shall from time to time ascertain whether the required ticketing arrangements are being made available.

• (4) If an authority ascertain that the required ticketing arrangements are not being made available, that authority shall seek to make arrangements with the operator or operators of the local services concerned under which the operator or operators agree to make the required ticketing arrangements available.

• (5) In this section and in section 29 of this Act “ticketing arrangements” means arrangements under which persons may become entitled—

• (a) to make more than one journey on particular local services (whether or not operated by the same person);

• (b) to make a particular journey on two or more local services (whether or not operated by the same person); or

• (c) where a particular journey could be made on local services provided by either (or any) of two or more operators, to make the journey on whichever service the holder chooses,

by entering into a single transaction of such description as the operator or operators of such services may require.

Ticketing schemes

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• (1) If a local transport authority are unable to make satisfactory arrangements in pursuance of section 28(4) of this Act they, or two or more such authorities acting jointly, may make a ticketing scheme covering the whole or any part of their area, or combined area, if they consider that the proposed scheme—

• (a) would be in the interests of the public; and

• (b) would to any extent implement their relevant general policies.

• (2) In this section (other than subsection (1) above) and in sections 30 and 31 of this Act any reference to a local transport authority shall be construed, in any case where a ticketing scheme is made (or proposed to be made) by two or more such authorities acting jointly, as a reference to both (or, as the case may be, all) of those authorities.

• (3) A ticketing scheme is a scheme under which operators of local services of a class specified in the scheme are required to make and implement ticketing arrangements.

• (4) A ticketing scheme may not be made unless the authority have complied with the notice and consultation requirements imposed by section 30 of this Act.

• (5) A ticketing scheme may, for the purposes of making provision in relation to journeys such as are mentioned in paragraph (a) of section 28(5) of this Act, specify a class of local services.

• (6) A ticketing scheme may specify different arrangements in respect of different classes of local service.

Consultation as to proposed ticketing scheme

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• (1) If a local transport authority propose to make a ticketing scheme, they shall give notice of the proposed scheme in at least one local newspaper circulating in the area to which it relates.

• (2) The notice shall specify the date on which it is proposed that the proposed scheme will come into operation.

• (3) After giving notice of the proposed scheme, the authority shall consult—

• (a) all operators of local services who are, in the opinion of the authority, likely to be affected by it;

• (b) such organisations appearing to the authority to be representative of users of local services as they think fit;

• (c) the traffic commissioner; and

• (d) such other persons as the authority think fit.

Making of ticketing scheme

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• (1) If, having complied with section 30 of this Act, the authority decide that it is appropriate to make a ticketing scheme, they may make it—

• (a) in the form proposed; or

• (b) subject to such modifications as they may specify.

• (2) The scheme shall specify the date (being a date not earlier than 3 months after the date on which the scheme is made) on which it is to come into operation.

• (3) Not later than 14 days after the date on which a scheme is made, the authority shall give notice of it—

• (a) in at least one local newspaper circulating in the area to which the scheme relates;

• (b) to all operators of local services who are, in the opinion of the authority, likely to be affected by it;

• (c) to the traffic commissioner; and

• (d) in such other manner, or to such other persons or class of person (if any), as the Scottish Ministers may prescribe by regulations.

• (4) The notice shall—

• (a) set out the scheme and the date on which it is to come into operation; and

• (b) identify the classes of local service which will be affected by it.

Effect of ticketing scheme

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• (1) During any period in which a ticketing scheme is in operation, operators of local services to which the scheme relates shall make and implement the arrangements required by the scheme.

• (2) The arrangements required by a ticketing scheme shall be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the 1985 Act (registration of local services) of the service concerned.

Provision of information

Information about bus services

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• (1) Each local transport authority shall from time to time determine, having regard to their relevant general policies—

• (a) what local bus information should be made available to the public (in this section referred to as the “required information”); and

• (b) the way in which it should be made available (in this section and in section 34 of this Act referred to as the “appropriate way”).

• (2) Before making such a determination, the authority shall consult—

• (a) the traffic commissioner;

• (b) such organisations appearing to the authority to be representative of users of local services as they think fit; and

• (c) such other persons as the authority think fit.

• (3) Each authority shall from time to time ascertain whether the required information is being made available to the public in the appropriate way.

• (4) If an authority ascertain that the required information is not being made available to the public in the appropriate way the authority shall seek to make arrangements with the operator or operators of the local services concerned under which the operator or operators agree to make the information available in that way.

• (5) In this section—

• “local bus information”, in relation to a local transport authority, means—information about routes and timetabling of local services to, from and within the authority’s area;information about fares for journeys on such local services; andsuch other information about facilities for disabled persons, travel concessions, connections with other public passenger transport services (within the meaning of the 1985 Act) or other matters of value to the public as the authority consider appropriate in relation to their area; and

• “travel concession” has the meaning given by section 68(7) of this Act.

• (6) This section and sections 34 and 35 of this Act do not apply to any local authority to the extent that any part of the area of the authority is comprised in the passenger transport area of the Strathclyde Passenger Transport Authority.

Duty of authority to make information available

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• (1) If a local transport authority are unable to make satisfactory arrangements in pursuance of section 33(4) of this Act, they, or two or more such authorities acting jointly—

• (a) shall make available, or secure that there is made available, in such manner as they determine, such information as is not being made available in the appropriate way in their area, or each of their areas (whether by virtue of arrangements made under section 33(4) of this Act or otherwise); and

• (b) may recover from the operator or operators of the local services concerned the reasonable costs incurred by them in doing so as a civil debt due to them.

• (2) In determining for the purposes of subsection (1)(b) above what is reasonable in relation to a particular operator, the authority, or as the case may be authorities, shall have regard to—

• (a) the amount of information which has to be made available; and

• (b) the way in which that information has to be made available,

in respect of the local services provided by that operator.

• (3) If the authority, or as the case may be authorities, require an operator to provide information to them or another person in order to perform their duty under subsection (1)(a) above, the operator shall provide the information at such times and in such manner as may be specified by the authority (or authorities).

• (4) The authority, or as the case may be authorities, shall give notice to the traffic commissioner of any requirement imposed under subsection (3) above.

Bus information: supplementary

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In carrying out their functions under sections 33 and 34 of this Act, local transport authorities—

• (a) shall act in the manner which is, in the opinion of the authority, most economic, efficient and effective; and

• (b) shall not act in such a way as to discriminate (whether directly or indirectly) against any operator, or class of operator, of local services.

Financial and competition provisions

Agreements providing for service subsidies

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• (1) Part V of the 1985 Act (expenditure on public passenger transport services) shall be amended as follows.

• (2) In section 89 (obligation to invite tenders for subsidised services)—

• (a) in subsection (7), after “section” there shall be inserted “ for the provision of services other than those mentioned in subsection (9) below ”; and

• (b) after subsection (8) there shall be inserted—

(9) An authority issuing an invitation to tender under this section for the provision of any service for the carriage of passengers by road which requires, for the purposes of Part IV of this Act, a PSV operator’s licence, shall, in determining whether to accept a tender submitted in response to the invitation or which (if any) of several such tenders to accept, have regard in particular to— (a) a combination of economy, efficiency and effectiveness; (b) the implementation of— (i) their local transport strategy; and (ii) the general policies formulated by them under section 63(2)(b) of this Act or section 9A(1) of the Transport Act 1968 (c.73), as the case may be; and (c) the reduction or limitation of traffic congestion, noise or air pollution. (10) In subsection (9)(b)(i) above, “local transport strategy” has the meaning given by section 82(1) of the Transport (Scotland) Act 2001 (asp 2).

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• (3) In section 90(3) (duty of authority to publish reasons for considering that payment of subsidies to secure service in accordance with accepted tender is conducive to achieving most effective and economic application of funds), for the words from “is conducive” to the end there shall be substituted “ accords with section 89(7), or as the case may be (9), of this Act. ”.

• (4) In section 92(1) (authorities subsidising public passenger transport services not to inhibit competition between persons providing or seeking to provide such services in their area), for the words from “so” to “provide” there shall be substituted “ have regard to the interests of the public and of persons providing ”.

Competition test for exercise of bus functions

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• (1) The functions to which this section applies are those of—

• (a) making and varying partnership schemes;

• (b) making and varying ticketing schemes; and

• (c) inviting and accepting tenders under section 89 or 91 of the 1985 Act (subsidised services).

• (2) For the purposes of this section an authority or authorities propose to exercise a function to which this section applies—

• (a) in the case of the function of making or varying a partnership scheme, once notice of a proposal to make or vary it has been given under paragraph 6(2) or, as the case may be, 14(1) of schedule A1 of this Act;