Legalize / United Kingdom / Public General Act

Transport Act 1985

Type Public General Act

Publication 1985-10-30

Last updated 2026-02-24

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(6) Subsection (4) does not prevent the Council referring a matter under subsection (3) if, or in so far as, it considers it appropriate to do so.

(7) In this section—

“London local passenger” means a passenger making a journey which begins and ends at stopping places in London;

“long distance coach service” means a bus service—which has one or more stopping places outside London; andwhich would be a domestic coach service, if no account were taken of any London local passengers.

112E

(1) This section applies if the Passengers’ Council is carrying out an investigation under section 112C in relation to road passenger transport services or facilities.

(2) If the Council requests an operator of services, or a provider of facilities, to provide any information which the Council considers necessary for the purpose of carrying out the investigation, subsection (3) applies.

(3) A person who receives such a request must provide the information unless—

(a) the person does not have, and cannot reasonably obtain, it; or

(b) the provision of the information would impose an unreasonable burden on the person.

(4) A person who relies on paragraph (a) or (b) of subsection (3) must notify the Council in writing of that fact, stating the reason why the paragraph in question applies.

(5) If the Council—

(a) has requested information from an operator of local services or domestic coach services, and

(b) considers that it has not received a satisfactory response to that request,

the Council may refer the matter to a traffic commissioner.

(6) If the Council—

(a) has requested information from an operator of tramway passenger services, and

(b) considers that it has not received a satisfactory response to that request,

the Council may refer the matter to the promoter.

(7) If a matter is referred by virtue of subsection (5) or (6), the traffic commissioner or, as the case may be, the promoter may require the recipient of the request mentioned in subsection (2) to provide such of the information as the traffic commissioner or promoter considers appropriate.

112F

(1) This section applies to any information provided to the Passengers’ Council pursuant to section 112E(3) in the circumstances described in subsection (2).

(2) The circumstances are that—

(a) the person who provided the information has requested that the information be held in confidence; and

(b) a person would not be entitled to the information in response to a request made in accordance with the Freedom of Information Act 2000 by virtue of the exemptions in section 41 or 43 of that Act.

(3) Information to which this section applies must not—

(a) be included in any investigation report published under section 112K; or

(b) be disclosed by the Council to any other person.

(4) Nothing in this section affects—

(a) the power of the Council to refer a matter, including the confidential information, following investigation in accordance with section 112H or 112I; or

(b) any obligation on the Council to disclose information in order to comply with an order of a court or a tribunal.

112G

(1) Having investigated a matter under section 112C the Passengers’ Council may, if it considers it appropriate to do so, make representations to—

(a) an operator of road passenger transport services;

(b) a provider of road passenger transport facilities;

(d) a strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015;

(e) a local transport authority in England.

(2) If the Council makes representations to a person under this section—

(a) the person must have regard to those representations; and

(b) the person must, within a reasonable time, send the Council a written statement describing any actions that the person has taken or intends to take in response to the representations.

112H

(1) This section applies if the Passengers’ Council—

(a) has made representations under section 112G; and

(b) considers that it is unable to achieve a satisfactory outcome by that means.

(2) If the representations were made to any operator of local services or domestic coach services, the Council may refer the matter to a traffic commissioner.

(3) If the representations were made to any operator of tramway passenger services, the Council may refer the matter to the promoter.

(4) If the representations were made to a local traffic authority and the Council considers that it may be appropriate for a traffic commissioner to exercise powers under section 27A (additional powers in relation to local traffic authorities where service not operated as registered), the Council may refer the matter to a traffic commissioner.

(5) If the representations were made to a local traffic authority and the Council considers that it may be appropriate for the Secretary of State to exercise powers under Part 2 of the Traffic Management Act 2004 (enforcement of network management duties), the Council may refer the matter to the Secretary of State.

112I

(1) This section applies if, on investigating a matter under section 112C, the Passengers’ Council has reason to believe that—

(a) an operator of local services has failed to operate a local service registered under section 6 or has operated a local service in contravention of that section; or

(b) the holder of a PSV operator’s licence is contravening, or is likely to contravene, any conditions or requirements of that licence.

(2) The Council may refer a matter described in subsection (1) to a traffic commissioner.

112J

(1) This section applies if the Passengers’ Council refers a matter to a traffic commissioner under section 112E, 112H or 112I.

(2) The traffic commissioner dealing with the matter must consider whether, in connection with the matter, it would be appropriate to exercise any of the powers of a traffic commissioner in respect of—

(a) an operator of local services;

(b) a holder of a PSV operator’s licence; or

112K

(1) This section applies where the Passengers’ Council has investigated a matter under section 112C.

(2) The Council may prepare a report of its findings (an “investigation report”).

(3) The Council may send a copy of an investigation report to the Secretary of State and to such other persons as the Council thinks fit.

(4) The Council may publish an investigation report.

(5) In the case of an investigation report prepared following an investigation which is carried out as the result of a referral by the Secretary of State under section 112C(1)(c), the Council must obtain the Secretary of State’s consent before—

(a) sending the report to any person other than the Secretary of State; or

(b) publishing the report.

112L

(1) In this Part—

“domestic coach service” means a bus service which—carries passengers at separate fares; andis not a local service;

“local traffic authority” has the meaning given by section 121A of the Road Traffic Regulation Act 1984;

“local transport authority” has the meaning given by section 108(4) of the Transport Act 2000;

“London road passenger transport services or facilities” means road passenger transport services or facilities—provided by Transport for London or any of its subsidiaries;provided in pursuance of an agreement entered into by Transport for London or in pursuance of a transport subsidiary’s agreement; orotherwise authorised by Transport for London to be provided;

“promoter”, in the case of any tramway passenger services, means the person authorised to secure the provision of those services with whom the operator of the services has entered into an agreement granting the operator the right to operate them;

“road passenger transport facility” has the meaning given by section 112A(3);

“road passenger transport service” has the meaning given by section 112A(1) and (2);

“subsidiary”, in relation to Transport for London, has the same meaning as in the Greater London Authority Act 1999 (see section 424(1) of that Act);

“tramway” has the meaning given by section 67(1) of the Transport and Works Act 1992;

“tramway passenger service” means any service for the carriage of passengers by tramway;

“transport subsidiary’s agreement” has the same meaning as in the Greater London Authority Act 1999 (see section 169 of that Act).

(2) Where, by virtue of this Part, a person is required to submit information or documents to the Passengers’ Council, the information or documents may be transmitted to an electronic address and in an electronic form specified by the Council.

6C

(1) Regulations may require the operator of a local service registered under section 6 to provide prescribed information to any local transport authority in England in whose area the service has a stopping place if—

(a) the operator—

(i) has made an application under section 6 to vary or cancel the registration of the service, or

(ii) has notified the local transport authority in accordance with regulations under that section that it proposes to make such an application, and

(b) the authority requests the operator to provide the information.

(2) The information that may be prescribed is information relating to—

(a) the number of passengers using the service, the journeys made by those passengers and the fares paid by them, and

(b) the revenue obtained by operating the service.

(3) Regulations under this section may, in particular—

(a) make provision about the periods of time in respect of which information may be required,

(b) make provision about the time when, and the manner and form in which, information is to be provided,

(c) provide for a traffic commissioner or a body carrying out a traffic commissioner's functions in accordance with section 6G not to accept an application to vary or cancel the service if the operator has failed to comply with the regulations,

(d) make provision about the use and disclosure of information provided under the regulations (including provision about its further disclosure),

(e) make provision as to cases in which section 67 of the 1981 Act does not apply in relation to contraventions of, or failures to comply with, the regulations,

(f) make provision subject to conditions, and

(g) make supplementary, incidental, consequential or transitional provision.

(4) In this section “local transport authority” has the meaning given in section 108(4) of the Transport Act 2000.

6D

(1) This section applies in any case where—

(a) an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation;

(b) a requirement imposed under section 138A(5)(b) of the Transport Act 2000 has effect;

(c) an application for registration, or for variation of registration, is made under section 6 of this Act in respect of a local service to which that requirement would apply if the application were granted; and

(d) the application is one which would fall to be accepted, apart from this section.

(2) A traffic commissioner must refuse the application if—

(a) the requirement is an operation requirement, and

(b) the traffic commissioner considers that the person who would be the operator of—

(i) the service proposed to be provided, or,

(ii) the service as proposed to be varied,

is unlikely to be able to comply with that requirement as regards that service.

(3) If, where the requirement is a route requirement, the registration, or variation of registration, of the service under section 6 is prevented by regulations under section 6E(6), a traffic commissioner must refuse the application.

(4) In this section—

“operation requirement” means a requirement imposed under section 138A(5)(b) of the Transport Act 2000, other than a route requirement;

“route requirement” means a requirement imposed under section 138A(5)(b) of the Transport Act 2000 that falls within section 138C(1) of that Act.

6E

(1) This section applies in a case where—

(a) an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation, and

(b) one or more requirements imposed under section 138A(5)(b) of the Transport Act 2000 by the scheme have effect.

(2) If a traffic commissioner considers that—

(a) an operation requirement imposed by the scheme applies to a service registered under section 6, and

(b) the service is not being provided in accordance with that requirement,

the traffic commissioner may cancel the registration of that service.

(3) If a traffic commissioner considers that—

(a) a route requirement imposed by the scheme applies to a service registered under section 6, and

(b) that service cannot be provided in accordance with that requirement,

the traffic commissioner must cancel the registration of that service.

(4) If a traffic commissioner considers that—

(a) a route requirement imposed by the scheme applies to two or more services registered under section 6, and

(b) those services cannot all be provided in accordance with that requirement,

the traffic commissioner must cancel the registration of those services.

(5) Subject to regulations under this section, a cancellation of the registration of a service under subsection (2), (3) or (4) becomes effective on the expiry of the period beginning with the date on which a traffic commissioner gives notice to the operator of the service of the cancellation of the registration and ending with the date determined in accordance with regulations under this section.

(6) Regulations under this section may make provision controlling the registration, or the variation of registration, under section 6 of local services which would, or would as varied, be subject to a route requirement by reference to which a registration or registrations was or were cancelled under subsection (3) or (4).

(7) Regulations under subsection (6) may, in particular—

(a) provide for the determination of the services that may be registered and the persons who may register such services;

(b) provide for those matters to be determined by the local transport authority or authorities operating the enhanced partnership scheme;

(c) provide for the authority or authorities to award contracts authorising persons to provide local services or local services of particular descriptions;

(d) provide for services not to be registered under section 6, and for variations of registration under section 6 not to be made, in prescribed cases;

(e) make provision as to the period during which the registration, or variation of registration, of local services under section 6 is subject to provision under subsection (6).

(8) Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular—

(a) make provision as to the procedure for cancellation under this section, including provision for giving notice of an intention to cancel unless an operator of a local service satisfies prescribed conditions;

(b) make provision for cancellation under subsection (3) or (4) to be revoked if prescribed conditions are satisfied, including conditions relating to the variation or cancellation under section 6 of the registration of one or more of the services affected;

(c) make provision for the time at which cancellation under subsection (3) or (4) becomes effective to be postponed in prescribed circumstances.

(9) In this section—

“local transport authority” has the meaning given in section 108(4) of the Transport Act 2000;

“operation requirement” and “route requirement” have the same meaning as in section 6D.

6F

(1) A person may appeal to the Upper Tribunal against—

(a) a decision to record a requirement under section 6(2D) (recording of requirements specified in an enhanced partnership scheme) in relation to a service provided by the person,

(b) a refusal under section 6D(2) or (3) of an application made by the person, or

(2) But if the decision, refusal or cancellation was made by a local transport authority by virtue of section 6G—

(a) the appeal as regards that matter is to be made to a traffic commissioner, and

(b) the local transport authority or authorities operating the relevant enhanced partnership scheme under section 138A of the Transport Act 2000 is or are to be parties to the proceedings.

(3) On an appeal under subsection (2), a traffic commissioner may—

(a) uphold the decision,

(b) quash the decision, or

(4) Regulations may make provision—

(a) as to the time within which, and the manner in which, appeals under subsection (2) may be made, and

(b) as to the procedure to be followed in connection with such appeals.

(5) A decision of a traffic commissioner on an appeal under subsection (2) may be appealed to the Upper Tribunal by—

(a) the person who appealed under subsection (2), or

(b) the local transport authority or authorities operating the relevant enhanced partnership scheme.

(6) A local transport authority or authorities operating an enhanced partnership scheme under section 138A of the Transport Act 2000 may appeal to the Upper Tribunal against—

(a) a decision of a traffic commissioner to register a service that has a stopping place in the area to which the scheme relates, or

(b) a decision of a traffic commissioner not to record a requirement under section 6(2D) in relation to such a service.

(7) For the purposes of section 13(2) of the Tribunals, Courts and Enforcement Act 2007 (appeals to Court of Appeal etc against decisions of the Upper Tribunal) the following persons are to be treated as parties to a case—

(a) the person whose service is in question;

(b) the local transport authority or authorities operating the relevant enhanced partnership scheme; and

(8) In this section “local transport authority” has the meaning given in section 108(4) of the Transport Act 2000.

6G

(1) This section applies where notice of—

(a) the making of an enhanced partnership scheme under section 138A of the Transport Act 2000, or

(b) the varying of an enhanced partnership scheme,

is given to a traffic commissioner under section 138G(5) or 138M(6) of the Transport Act 2000 by a local transport authority or authorities.

(2) The authority or authorities must also notify the traffic commissioner—

(a) whether or not the scheme, or the scheme as varied, specifies a route requirement, and

(b) in relation to each route requirement specified, whether or not it relates to—

(i) a particular service that only has stopping places in the area to which the scheme relates,

(ii) particular services at least one of which is such a service, or

(iii) a particular description of services which includes or is capable of including such a service.

(3) In a case where the scheme, or the scheme as varied, relates to the whole or part of the combined area of two or more local transport authorities, the notification under subsection (2) must also state which of the authorities is the lead authority.

(4) If the scheme, or the scheme as varied, specifies a route requirement that relates to a particular service that only has stopping places in the area to which the scheme relates, particular services at least one of which is such a service or a particular description of services which includes or is capable of including such a service—

(a) a traffic commissioner must delegate the relevant registration functions as regards services that only have stopping places in that area to the authority or the lead authority (as the case may be), and

(b) the authority or the lead authority (as the case may be) must carry them out.

(5) A delegation under subsection (4) has effect—

(a) when the scheme comes into operation, or

(b) when the variation of the scheme takes effect (as the case may be).

(6) If subsection (4) does not apply, the authority or the lead authority (as the case may be)—

(a) may elect to carry out the relevant registration functions as regards services that only have stopping places in the area to which the scheme relates as from a particular time, and

(b) if that election is made, must notify a traffic commissioner of that election and the time selected.

(7) If notification is given under subsection (6), a traffic commissioner must delegate the relevant registration functions to—

(a) the authority, or

(b) the lead authority (as the case may be);

and the authority or the lead authority (as the case may be) must carry them out.

(8) A delegation under subsection (4) or (7) may come to end only when the scheme in question ceases to operate.

(9) Regulations may be made for the purpose of carrying this section into effect.

(10) In this section—

“local transport authority” has the meaning given in section 108(4) of the Transport Act 2000;

“the relevant registration functions”, in relation to an enhanced partnership scheme, means the functions of a traffic commissioner under sections 6, 6D and 6E of this Act so far as relating to—in the case of functions relating to the variation of registration, services that would be relevant services if varied as proposed, orin the case of any other function, relevant services;

“relevant service”, in relation to an enhanced partnership scheme, means a local service that only has stopping places in the area to which the scheme relates;

“route requirement” has the same meaning as in section 6D.

6H

(1) This section applies where the relevant registration functions of a traffic commissioner are carried out by a local transport authority in accordance with section 6G.

(2) The local transport authority may charge fees under this section in respect of—

(a) an application under section 6 of this Act for the registration of a relevant service,

(b) an application under section 6 of this Act for the variation of the registration of a service that, as varied, would be or continue to be a relevant service, and

(3) The fees—

(a) are to be determined by or in accordance with regulations,

(b) are to be payable by such persons and at such times as the regulations may provide, and

(4) If a fee or instalment of a fee due under this section has not been paid, the local transport authority may decline to proceed with an application referred to in subsection (2) to which the fee or instalment relates until the fee or instalment is paid.

(5) Amounts received in respect of fees charged under this section are not payable to the traffic commissioner (and accordingly may be retained by a local transport authority).

(6) Where this section applies, fees may not be charged under section 52 of the 1981 Act (as applied by section 126 of this Act) in respect of an application referred to in subsection (2).

(7) In this section—

“local transport authority” has the meaning given in section 108(4) of the Transport Act 2000;

“relevant service” has the same meaning as in section 6G;

“the relevant registration functions” has the same meaning as in section 6G.

6I

(1) This section applies where the relevant registration functions of a traffic commissioner are carried out by a local transport authority in accordance with section 6G.

(2) The local transport authority must keep a record of—

(a) the local services that are registered and the registrations that are varied or cancelled by the authority under section 6;

(b) the requirements imposed under section 138A(5)(b) of the Transport Act 2000 that are recorded by the authority as applying to services registered under section 6;

(3) The authority must allow the record to be inspected at all reasonable times by members of the public.

(4) The authority must supply to a traffic commissioner particulars of—

(a) the local services that are registered and the registrations that are varied or cancelled by the authority under section 6;

(b) the requirements imposed under section 138A(5)(b) of the Transport Act 2000 that are recorded by the authority as applying to services registered under section 6;

(5) A record kept under this section is admissible in evidence of the matters required under this section to be entered in that record.

(6) A copy of an entry made in such a record in pursuance of this section purporting to be—

(a) signed on behalf of the authority by which the record is kept, and

(b) certified as a true copy,

is evidence of the matters stated in that entry without proof of the signature or authority of the person signing it.

(7) Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular, make provision—

(a) as to the form of records under this section and the particulars they must contain;

(b) as to the particulars to be supplied to a traffic commissioner under this section.

(8) In this section—

“local transport authority” has the meaning given in section 108(4) of the Transport Act 2000;

“the relevant registration functions” has the same meaning as in section 6G.

6J

(1) Regulations may make provision about the charging of fees where an authorised person exercises a function of a traffic commissioner in relation to an application specified in subsection (2).

(2) Those applications are—

(a) an application under section 6 of this Act for the registration of a relevant service,

(b) an application under section 6 of this Act for the variation of the registration of a service that, as varied, would be or continue to be a relevant service, and

(3) Regulations under this section may allow or require the authorised person to charge fees in respect of the application to which the function relates.

(4) The regulations may—

(a) specify the fees chargeable, or

(b) make provision about the setting of fees by the authorised person, including provision about determining the amounts of such fees.

(5) The regulations may include provision about—

(a) who must pay the fees and at what times, and

(b) whether the fees are payable in one sum or in instalments.

(6) The regulations may provide that, if a fee or instalment of a fee due under the regulations has not been paid, the authorised person may decline to proceed with an application referred to in subsection (2) to which the fee or instalment relates until the fee or instalment is paid.

(7) The regulations may make provision about how amounts received in respect of fees charged under the regulations are to be applied.

(8) Provision made by virtue of subsection (7) may include—

(a) provision for such amounts not to be payable to the traffic commissioner, and

(b) provision that such amounts are to be paid, or not to be paid, into the Consolidated Fund.

(9) The regulations may provide that fees are not to be charged under section 52 of the 1981 Act (as applied by section 126 of this Act) in respect of the applications referred to in subsection (2).

(10) In this section—

“authorised person”, in relation to a function of a traffic commissioner, means a person authorised to exercise that function by virtue of an authorisation given in accordance with an order under section 69 of the Deregulation and Contracting Out Act 1994;

“relevant service” means a service which has stopping places only in England;

“service” has the meaning given in section 6(1).

Registration of local services

Provision of service information in Scotland

6ZA

(1) This section applies where an operator of a local service registered under section 6 notifies an affected authority in accordance with regulations under that section that the operator proposes to make an application to vary or cancel the registration.

(2) The affected authority may, within such period as may be prescribed, require the operator to provide them with such information relating to the local service as may be prescribed.

(3) The information that may be prescribed is information relating to—

(a) the number of passengers using the service, the journeys made by those passengers and the fares paid by them, and

(b) the revenue obtained by operating the service.

(4) A requirement for information under subsection (2) may be made only—

(a) for the purposes of the affected authority exercising their functions under section 9A of the Transport Act 1968 or, as the case may be, section 63 of this Act, and

(b) in respect of—

(i) the period of 12 months ending on the day on which the requirement is made, or

(ii) where the service has not operated for the whole of the period of 12 months preceding the day on which the requirement is made, the period of operation up to the day on which the requirement is made.

(5) An operator who is subject to a requirement under this section—

(a) must provide any information required under subsection (2) within such period as may be prescribed,

(b) may, at the same time, provide evidence that the disclosure of some or all of the information it has provided is likely to damage its commercial interests and request that the information in question is not disclosed under section 6ZB(3).

(6) For the purposes of this section and sections 6ZB and 6ZC, “affected authority”, in relation to a local service registered under section 6, means a council or a Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005 which—

(a) have functions under section 9A of the Transport Act 1968 or section 63 of this Act, and

(b) have within their area or, as the case may be, region a stopping place which would be affected by the variation or cancellation of the registration of the service by an operator.

6ZB

(1) An affected authority may disclose information received from an operator under section 6ZA only in accordance with this section.

(2) An affected authority may disclose information of the type described in section 6ZA(3)(a)—

(a) to an economic operator in connection with an invitation to submit a tender to provide a supported service to replace or supplement the service being varied or cancelled,

(b) to another affected authority,

(3) An affected authority may disclose information of the type described in section 6ZA(3)(b)—

(a) to an economic operator in connection with an invitation to submit a tender to provide a supported service to replace or supplement the service being varied or cancelled,

(b) to another affected authority.

(4) Information disclosed under subsection (3)(a) of this section—

(a) must be aggregated into an annual figure,

(b) must not be disclosed in circumstances where the affected authority have decided to assume the revenue-related risk for the supported service by keeping the revenue obtained by operating the service.

(5) An affected authority which receive information under subsection (2)(b) or (3)(b) must not disclose that information to any other person.

(6) Where an operator has provided evidence and made a request under section 6ZA(5)(b), the affected authority must—

(a) decide whether, on the basis of the evidence submitted, they are satisfied that the disclosure of some or all of the information is likely to cause damage to the commercial interests of the operator, and

(b) notify the operator of their decision.

(7) The affected authority must not disclose any information which is the subject of a request under section 6ZA(5)(b)—

(a) until they have complied with their duties under subsection (6), and

(b) where they decide that they are satisfied that disclosure of the information is likely to cause damage to the commercial interests of the operator.

(8) An affected authority who, without reasonable excuse, disclose information in contravention of this section commit an offence.

(9) An affected authority who commit an offence under subsection (8) are liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10) Where an offence under subsection (8) committed by an affected authority is proved to have been committed with the consent or connivance of, or to be attributable to the neglect on the part of, a person employed by the authority, the person as well as the authority is guilty of the offence and liable to be proceeded against and punished accordingly.

(11) In this section—

“economic operator” means any person, public entity or group of persons or entities including any temporary association of undertakings that offers to provide local services on the market,

“supported service” means a service which is subsidised under section 9A(4) of the Transport Act 1968 or, as the case may be, section 63(5) of this Act.

6ZC

(1) Regulations under this section may make provision for the purposes of giving full effect to sections 6ZA and 6ZB, including, without limit to that generality, provision—

(a) for excluding or modifying the application of section 6ZA in such circumstances as may be specified in the regulations,

(b) about the procedures to be followed by affected authorities and operators, including the manner in which authorities are to require information to be provided,

(d) substituting a different period (or periods) for the period for the time being specified in section 6ZA(4)(b),

(e) about the form and (subject to section 6ZA(3)) content of the information that operators may be required to provide.

(2) Before making regulations under section 6ZA(2) or (5), 6ZB(2) or this section, the Scottish Ministers must consult—

(a) such persons as appear to them to be representative of operators and users of local services,

(b) each council and Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005 which have functions under section 9A of the Transport Act 1968 or section 63 of this Act, and

6K

(1) This section applies where—

(a) a bus services improvement partnership scheme made under section 3B of the Transport (Scotland) Act 2001 is in operation,

(b) a service standard imposed under section 3B(3)(b) of that Act has effect,

(c) an application for registration, or for variation of registration, is made under section 6 of this Act in respect of a local service to which that service standard would apply if the application were granted, and

(d) the application is one which would, but for this section, fall to be accepted.

(2) A traffic commissioner must refuse the application if—

(a) the service standard is an operational service standard, and

(b) the traffic commissioner considers that the person who would be the operator of—

(i) the service proposed to be provided, or

(ii) the service as proposed to be varied,

is unlikely to be able to comply with the service standard as regards that service.

(3) In this section, “operational service standard” is to be construed in accordance with section 3C(1)(b) of the Transport (Scotland) Act 2001.

6L

(1) This section applies where—

(a) a bus services improvement partnership scheme made under section 3B of the Transport (Scotland) Act 2001 is in operation, and

(b) one or more service standards imposed under section 3B(3)(b) of that Act have effect.

(2) If a traffic commissioner considers that—

(a) an operational service standard imposed by the scheme applies to a service registered under section 6, and

(b) the service is not being provided in accordance with that service standard,

the traffic commissioner may cancel the registration of that service.

(3) In this section, “operational service standard” is to be construed in accordance with section 3C(1)(b) of the Transport (Scotland) Act 2001.

6M

Regulations may make provision for or about appeals relating to any—

(a) decision to record a service standard as a prescribed particular under section 6(2ZA),

(b) refusal of an application by virtue of section 6K(2),

(d) decision to register a service that has a stopping place in the area to which the scheme relates, or

(e) decision not to record a service standard in relation to such a service under section 6(2ZA).

6N

(1) This section applies where—

(a) a bus services improvement partnership scheme made under section 3B of the 2001 Act (“the scheme”) is in operation, and

(b) it appears to a traffic commissioner that the local transport authority (or authorities) who made the scheme may not be complying with their obligations under it including, in particular, any duty arising under section 3F(2) or (3) of the 2001 Act.

(2) The traffic commissioner may—

(a) investigate the actions of the local transport authority (or authorities) in relation to their compliance with their obligations under the scheme,

(b) require the authority (or authorities) to provide such information as the commissioner may specify for the purposes of the investigation.

(3) A local transport authority may be required to provide the information before the end of such period as may be specified by the traffic commissioner when imposing the requirement.

(4) Following an investigation under subsection (2), the traffic commissioner must prepare and publish a report—

(a) setting out whether or not the commissioner is satisfied that the local transport authority (or authorities) are complying with their obligations under the scheme, and

(b) if the commissioner is not satisfied that the authority (or authorities) are complying with their obligations, making such recommendations as the commissioner considers appropriate, including, in particular, recommendations that the authority (or authorities) take such remedial action as may be specified in the report.

(5) Before publishing a report prepared under subsection (4), the commissioner must provide a copy of it to—

(a) the local transport authority (or authorities) who made the scheme, and

(b) each operator providing a local service with a stopping place in the area of the scheme.

(6) Where, under section 3E of the 2001 Act, the Scottish Ministers acted jointly with a local transport authority (or authorities) to make the scheme, this section applies to the Scottish Ministers as it applies to the authority (or authorities).

(7) In this section—

“2001 Act” means the Transport (Scotland) Act 2001,

“local transport authority” has the meaning given in section 82(1) of the 2001 Act.

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