(a) any registration restrictions imposed under section 113D(1) or 114(3A) of the Transport Act 2000 are in force in the case of an advanced quality partnership scheme or a quality partnership scheme (“the scheme”);

(b) an application for registration, or for variation or cancellation of registration, is made under section 6 of this Act ... in respect of a local service in relation to which those restrictions have effect; and

(2) In any such case the traffic commissioner, before deciding whether or not to accept the application, must give to—

(a) each relevant authority, and

(b) each relevant operator,

a notice complying with subsection (3) below.

(3) The notice must—

(a) identify the application and state that it has been made;

(b) provide prescribed particulars of the application;

(c) inform the persons to whom it is required to be sent of the right of each of them to make relevant representations to the traffic commissioner about the application.

(4) If no relevant representations are made, the application is to be accepted.

(5) If any relevant representations are made by a relevant authority or a relevant operator, the traffic commissioner must decide whether the effect of accepting the application would be detrimental to the provision of local services under the scheme.

(6) The traffic commissioner may decide that question only after—

(a) considering those representations;

(b) taking account of any other relevant applications and any relevant representations made in relation to those applications;

(d) applying the registration criteria.

(7) If the traffic commissioner decides that the effect of accepting the application would not be detrimental to the provision of such services, the application is to be accepted.

(8) If subsection (7) above does not apply, the traffic commissioner may do any one or more of the following—

(a) refuse to accept the application;

(b) require the applicant to amend the application in such respects as the traffic commissioner may require before submitting it again;

(c) if the applicant has not given a written undertaking under section 113J(4) or (5) or 118(4) of the Transport Act 2000 in relation to the scheme, require the applicant to give such an undertaking before the application may be accepted.

(9) An appeal against any decision of a traffic commissioner under this section may be made to the Upper Tribunal by any of the following persons—

(a) the person who made the application;

(b) any relevant authority that made relevant representations against the application;

...

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) Regulations may be made for the purposes of carrying this section into effect; and the provision that may be made by any such regulations includes provision—

(a) as to the procedure for giving notice under subsection (2) above;

(b) prescribing the particulars of the application that are to be provided in such a notice;

(d) as to the procedure to be followed in determining the application.

(12) In this section—

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

“quality partnership scheme” means a scheme under section 114 of the Transport Act 2000;

“registration criteria”— in relation to an advanced quality partnership scheme, means the criteria specified in the scheme by virtue of section 113D(3) of the Transport Act 2000;in relation to a quality partnership scheme, means the criteria specified in the scheme by virtue of section 114(3C) of the Transport Act 2000;

“relevant application” means any application under section 6 of this Act—which is made in respect of a local service in relation to which the registration restrictions have effect, andwhich (whenever made) is awaiting the decision of a traffic commissioner;

“relevant authority” means the authority, or any of the authorities, that made the scheme;

“relevant operator” means—any operator of local services who has given an undertaking under section 113J(4) or (5) or 118(4) of the Transport Act 2000 in respect of the scheme;any other operator of local services which might be affected if the application were to be accepted;

“relevant representations” means representations that the effect of accepting the application would be detrimental to the provision of services under the scheme, having regard to the registration criteria.

“the traffic commissioner” means the traffic commissioner dealing with the application mentioned in subsection (1).

(13) The power to make regulations under subsection (11), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State).

6B

(1) This section applies—

(a) by virtue of subsection (2B) of section 6 of this Act (“Case 1”), in relation to registration of the proposed local service mentioned in that subsection;

(b) by virtue of subsection (7A) of that section (“Case 2”), in relation to the proposed variation of the registration mentioned in that subsection.

(2) Where this section applies, the operator may apply to a traffic commissioner—

(a) in Case 1, for registration of the proposed service under section 6 of this Act, or

(b) in Case 2, for variation of the registration under that section,

notwithstanding anything in section 129(1)(a) of the Transport Act 2000 (sections 6 to 9 of this Act not to apply).

(3) The traffic commissioner must not accept the application except in accordance with subsections (4) to (6) below.

(4) On receipt of the application, the traffic commissioner must consult the authority or authorities who made the quality contracts scheme.

(5) If, within the prescribed time, the traffic commissioner receives from the authority or authorities a clearance certificate in respect of the application, the traffic commissioner must—

(a) in Case 1, register the service under section 6 of this Act, or

(b) in Case 2, vary the registration under that section.

(6) If the traffic commissioner does not receive such a certificate within that time, the application must be rejected.

(7) In relation to Case 2, regulations may prescribe cases in which subsections (3) to (6) above do not apply.

(8) In this section—

“clearance certificate” means a certificate that the provision—in Case 1, of the proposed local service, orin Case 2, of the local service as proposed to be varied,will not have an adverse effect on local services provided under quality contracts in the area to which the quality contracts scheme relates;

“prescribed” means prescribed in regulations;

“the relevant authority or authorities” means the authority or authorities—who last continued the quality contracts scheme in force under section 131A of the Transport Act 2000, orif the scheme has not been so continued, who made it.

“the traffic commissioner” means the traffic commissioner dealing with the application.

(9) The power to make regulations under subsections (5) and (7), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State).

13A

(1) Transport for London may by order provide that section 12 of this Act is to apply to vehicles licensed under section 7 of the Private Hire Vehicles (London) Act 1998 as it applies to vehicles licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976.

(2) An order under subsection (1) of this section may amend the definitions of “licensed hire car” and “private hire vehicle licence” in section 13 of this Act accordingly.

(3) Transport for London must consult such representative organisations as it thinks fit before making—

(a) regulations under section 12(9) or (10) of this Act;

(b) an order under section 13(1) of this Act or subsection (1) of this section.

(4) Any power of Transport for London to make—

(a) regulations under section 12(9) or (10) of this Act, or

(b) an order under section 13(1) of this Act,

includes a power to vary or revoke any previous such regulations or order (as the case may be).

(5) Subsection (4) applies notwithstanding that the previous regulations were made, or the previous order was made, by the Secretary of State by statutory instrument.

(6) Transport for London must print and publish—

(a) any regulations made by it under section 12(9) or (10) of this Act;

(b) any order made by it under section 13(1) of this Act or subsection (1) of this section.

(7) Transport for London may charge a fee for the sale of copies of any regulations, or any order, printed under subsection (6).

23A

(1) Regulations may provide that any permit granted under section 19 or 22 of this Act on or after a date specified in the regulations is to be for such period not exceeding 5 years as may be identified in the permit by the person granting it.

(2) Nothing in subsection (1) above or any regulations made by virtue of that subsection prevents the grant of subsequent permits under section 19 or 22 of this Act to any person for further such periods.

The Public Transport Users' Committee for England

125A

(1) The Secretary of State may by order establish a body corporate, to be known as the Public Transport Users' Committee for England.

A body established under this subsection is referred to in this section and sections 125B and 125C as the Committee.

(2) The Secretary of State may by order provide for a body established under subsection (1) to be known by a different name.

(3) An order under subsection (1) may include provision—

(a) about the status and membership of the Committee (including how members are to be appointed);

(b) about the proceedings of the Committee;

(d) about officers and staff of the Committee;

(e) about the discharge of functions of the Committee (including provision for the discharge of functions by sub-committees with members who are not all members of the Committee);

(f) about the making of reports by the Committee to—

(i) the Secretary of State, or

(ii) such other person as the Secretary of State may determine;

(g) about the making of payments to or in respect of officers, staff and members of the Committee;

(h) about the payment of pensions and the making of other payments to or in respect of former officers and staff of the Committee;

(i) about the keeping of accounts by the Committee and their audit and submission to the Secretary of State;

(j) about the acquisition and disposal by the Committee of property, rights and liabilities (including land);

(k) authorising the Committee to charge for any services it provides in the discharge of any of its functions;

(l) requiring the Committee to have regard to the policies and activities of such other persons or bodies as the Secretary of State may determine;

(m) for the transfer of staff, property, rights and liabilities to the Committee.

(4) The Secretary of State may make payments to the Committee of such amounts, at such times, and on such conditions (if any) as the Secretary of State considers appropriate.

(5) The Secretary of State may by order make provision for the transfer of staff, property, rights and liabilities from the Committee to any other person.

(6) An order made by virtue of subsection (2) may make such provision, including provision amending, repealing or revoking any provision of this Act or any other enactment (whenever passed or made), as appears to the Secretary of State to be necessary in consequence of the order.

In this subsection “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

(7) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

125B

(1) The Committee may consider and make recommendations or representations to the Secretary of State about any matter relating to—

(a) prescribed public passenger transport services, or public passenger transport services that are of a prescribed description, to the extent that they operate in England; or

(b) prescribed public passenger transport facilities in England, or public passenger transport facilities in England that are of a prescribed description.

(2) The Committee must consider and make recommendations to the Secretary of State about any such matter if asked to do so by the Secretary of State.

(3) The Secretary of State may by order—

(a) confer further functions on the Committee;

(b) remove functions from the Committee;

(d) transfer any functions of the Committee to another person (including to the Secretary of State).

(4) An order under subsection (3) may confer a function on the Committee, or make changes to a function of the Committee, only if the new function, or the function as changed, relates to—

(a) public passenger transport services, so far as operating in England; or

(b) public passenger transport facilities in England.

(5) The functions that may be conferred on the Committee under subsection (3)(a) include a power—

(a) to enter into arrangements with another body for discharging functions on behalf of that body in relation to England;

(b) to give effect to any such arrangements;

(c) to enter into arrangements with another body for that body to discharge any functions of the Committee on behalf of the Committee.

(6) The discharge of a function by the Committee on behalf of another body does not affect the responsibility of the body for the discharge of the function.

(7) The discharge of a function by another body on behalf of the Committee does not affect the responsibility of the Committee for the discharge of the function.

(8) The provision that may be made in an order under subsection (3) includes provision amending or repealing any provision of this Act or any other enactment conferring functions on the Committee.

(9) The Committee may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

(10) In this section—

“prescribed” means prescribed by order made by the Secretary of State;

“public passenger transport facilities” means facilities for public passenger transport services.

(11) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

125C

(1) This section applies where an order under section 125B(3) confers on the Committee power to make recommendations or representations to a body or person.

(2) The Secretary of State may by order confer on the body or person functions in respect of such recommendations or representations.

(3) An order under this section may confer a function on a body or person only if the new function relates to—

(a) public passenger transport services, so far as operating in England; or

(b) public passenger transport facilities in England.

(4) The provision that may be made in an order under this section includes provision amending, repealing or revoking any provision of this Act or any other enactment (whenever passed or made) conferring functions on the body or person.

(5) In this section “public passenger transport facilities” has the same meaning as in section 125B.

(6) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

27A

(1) This section applies in any case where it appears to a traffic commissioner that a person (“the operator”)—

(a) has, or may have, failed to operate a local service registered under section 6 of this Act; or

(b) has, or may have, failed to operate such a service in accordance with the particulars registered under that section.

(2) The traffic commissioner may direct a local traffic authority to provide him or another traffic commissioner, within a specified period, with specified information connected with any aspect of the performance of their duties under section 16 or 17 of the Traffic Management Act 2004 (the network management duty, and arrangements for network management).

This subsection is supplemented by provisions in section 27B of this Act.

(3) If the traffic commissioner holds an inquiry in connection with deciding whether—

(a) to attach a condition under section 26 of this Act, or

(b) to make an order under section 155 of the Transport Act 2000,

subsections (2) and (3) of section 250 of the Local Government Act 1972 (attendance of witnesses etc) apply to the inquiry as they apply to an inquiry under that section.

(4) If the traffic commissioner identifies any remedial measures (see subsection (5)) which, in the traffic commissioner's opinion, could be taken—

(a) by the operator, or

(b) by a local traffic authority,

the traffic commissioner may prepare a report recommending the implementation of those measures.

(5) In this section “remedial measures” means measures which, in the opinion of the traffic commissioner, would enable or facilitate the operation of the service in accordance with the particulars registered under section 6 of this Act.

(6) A traffic commissioner who prepares a report under subsection (4) above—

(a) must send a copy of the report to the operator and, if any of the recommended remedial measures are for implementation by a local traffic authority, to that authority;

(b) must, if the implementation of any of the measures in the report would affect the operation of bus services in an integrated transport area, send a copy of the report to the Integrated Transport Authority for that area;

(d) may publish the report.

(7) The persons are—

(a) the appropriate national authority,

(b) any local traffic authority , Integrated Transport Authority , combined authority or combined county authority which the traffic commissioner considers appropriate,

and any other persons whom the traffic commissioner considers appropriate.

(7A) In this section “the traffic commissioner” means the traffic commissioner dealing with the matter.

(8) See subsection (6) of section 27B of this Act for the meaning of some of the expressions used in this section.

27B

(1) This section supplements section 27A of this Act.

(2) In this section “direction” means a direction under subsection (2) of that section.

(3) The information that may be specified in a direction must be information which the local traffic authority have in their possession or can reasonably be expected to acquire.

(4) The information that may be specified in a direction includes information relating to—

(a) the management of a local traffic authority’s road network; or

(b) the use of their road network by different kinds of traffic or the effects of that use.

(5) A direction may be given—

(a) to one or more local traffic authorities; or

(b) to local traffic authorities of a description specified in the direction.

(6) In section 27A of this Act and in this section the following expressions have the same meaning as in Part 2 of the Traffic Management Act 2004 (network management by local traffic authorities)—

appropriate national authority,

local traffic authority,

road network,

traffic,

except that “local traffic authority” does not include Transport for London, a London borough council or the Common Council of the City of London.

Transitional provisions, savings, amendments, repeals and revocation.

Reconstitution of the Transport Tribunal.

Powers of First-tier Tribunal and Upper Tribunal in relation to transport appeals

17

(1) The First-tier Tribunal and the Upper Tribunal are to have full jurisdiction to hear and determine all matters (whether of law or of fact) for the purpose of the exercise of any of their functions under an enactment relating to transport.

18

Paragraph 12 applies in relation to the First-tier Tribunal and the Upper Tribunal for the purpose of the exercise of any of their functions under an enactment relating to transport.

PART 5A — PASSENGERS’ COUNCIL: ROAD PASSENGER TRANSPORT FUNCTIONS IN ENGLAND

112A

(1) “Road passenger transport service” means—

(a) a local service, so far as operating in England;

(b) a domestic coach service, so far as operating in England; or

(2) But a service is not a “road passenger transport service” if—

(a) it is an excursion or tour; or

(b) it is provided in a public service vehicle used under a permit granted under section 19.

(3) “Road passenger transport facility” means a facility in England for road passenger transport services.

(4) This section has effect for the purposes of this Part.

112B

(1) The Passengers’ Council must, so far as it appears expedient from time to time to do so—

(a) keep under review matters affecting the interests of the public in relation to road passenger transport services and facilities; and

(b) make representations to, and consult, such persons as it considers appropriate about those matters.

(2) The Council and any other public body may enter into an agreement for that other body to be responsible, in accordance with the agreement, for—

(a) determining what is expedient for the purposes of subsection (1) in relation to an area specified in the agreement; and

(b) otherwise performing the Council’s functions under subsection (1) in relation to that area.

(3) So long as an agreement under subsection (2) is in force—

(a) the duties of the Council under subsection (1) in relation to the area specified in the agreement fall on the other party to the agreement instead of on the Council; but

(b) the Council is not prevented from doing anything mentioned in subsection (1) in relation to that area.

(4) An agreement under subsection (2)—

(a) may be entered into on such terms and conditions as the parties to it may agree; and

(b) may contain provision for determining, for the purposes of this section, in what circumstances things done under or for the purposes of subsection (1) are to be treated as done in relation to the area specified in the agreement.

(5) The written consent of the Secretary of State is required before the Council and another public body may enter into an agreement under this section.

(6) In this section “public body” means any authority or other body on which functions are conferred by or under an enactment.

112C

(1) The Passengers’ Council must investigate any matter relating to the provision of road passenger transport services or facilities if—

(a) the matter is the subject of a representation made to the Council by a user or potential user of road passenger transport services or facilities;

(b) the matter is the subject of a representation made to the Council by an organisation representative of users or potential users of road passenger transport services or facilities;

(d) it appears to the Council that the matter is one which the Council ought to investigate.

(2) The Council is not required to investigate a matter in a case falling within subsection (1)(a) or (b) if the matter appears to the Council to be frivolous or vexatious.

(3) The Council is not required to investigate a matter in a case falling within subsection (1)(a) or (b) if, or to the extent that, the Council refers the matter to another body under section 112D.

(4) The Council must not investigate by virtue of subsection (1)(d) any matter which relates solely to the provision of London road passenger transport services or facilities.

(5) Subsection (4) does not prevent the Council from so investigating any such matter as part of an investigation of a matter which relates wholly or mainly to—

(a) the provision of road passenger transport services or facilities other than London road passenger services or facilities; or

(b) the provision of road passenger transport services or facilities in any part of England outside London.

112D

(1) This section applies in relation to a matter which is the subject of a representation made to the Passengers’ Council under section 112C(1)(a) or (b).

(2) If the Council thinks that it would be more appropriate for the matter to be considered—

(a) by an operator of road passenger transport services;

(b) by a provider of road passenger transport facilities; or

the Council may refer the matter to that person or body.

(3) The Council must refer the matter to the London Transport Users’ Committee if, or in so far as, it appears to the Council to relate to the provision of London road passenger transport services or facilities.

(4) Subsection (3) does not require the Council to refer a matter to the Committee if, or in so far as, it appears to the Council to relate to the provision of a long distance coach service.

(5) Subsection (4) does not apply in the case of a matter if, or in so far as, it appears to the Council to relate to a London local passenger.

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