Transport Act 2000

Type Public General Act
Publication 2000-11-30
Last updated 2026-04-06
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
  • (1) No contravention by the Crown of a provision contained in or made under this Part shall make the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.
  • (2) Notwithstanding subsection (1), the provisions contained in or made under section 3(1), 93(7) or 94(5) apply to persons in the public service of the Crown as they apply to other persons.
  • (3) However, section 3(1) does not apply if the services there mentioned are provided by or on behalf of the armed forces of the Crown; and the person to whom and aircraft for which the services are provided are immaterial.
  • (4) Nothing in section 105 or this section affects Her Majesty in her private capacity; and this subsection must be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act.

Extension outside United Kingdom

107
  • (1) Her Majesty may by Order in Council direct that any of the provisions listed in subsection (2) is to extend to any relevant overseas territory specified in the Order, with the modifications (if any) so specified.
  • (2) The provisions are—
  • (a) Chapter I;
  • (b) Chapter II;
  • (c) Chapter III;
  • (d) Chapter IV;
  • (e) sections 90 to 104 and Schedules 8 and 9;
  • (f) section 273 so far as it relates to offences under this Part.
  • (3) These are relevant overseas territories—
  • (a) any of the Channel Islands;
  • (b) the Isle of Man;
  • (c) any colony.
  • (4) In this section “modifications” includes additions, omissions and other alterations.

Part II — Local transport

Local transport plans and bus strategies

Local transport plans

108
  • (1) Each local transport authority must—
  • (a) develop policies for the promotion and encouragement of safe, integrated, efficient and economic transport ... to, from and within their area, and
  • (b) carry out their functions so as to implement those policies.
  • (2) In subsection (1), “transport” means —
  • (a) the transport required to meet the needs of persons living or working in the authority’s area, or visiting or travelling through that area, and
  • (b) the transport required for the transportation of freight;

andincludes facilities and services for pedestrians.

  • (2ZA) Each local transport authority whose area is in England must—
  • (a) in developing policies in accordance with subsection (1)(a), and
  • (b) in carrying out their functions in accordance with subsection (1)(b),

comply with the duties set out in subsection (2ZB).

  • (2ZB) The duties are—
  • (a) to take into account any policies announced by Her Majesty's government, and
  • (b) to have regard to any guidance issued for the purposes of this paragraph by the Secretary of State,

with respect to mitigation of, or adaptation to, climate change or otherwise with respect to the protection or improvement of the environment.

  • (2ZC) The power to issue guidance under subsection (2ZB)(b) does not affect the generality of the power to issue guidance under section 112(1).
  • (2A) Each local transport authority whose area is in Wales must also—
  • (a) develop policies for the implementation in their area of the Wales Transport Strategy, and
  • (b) carry out their functions so as to implement those policies.
  • (3) Each local transport authority whose area is in England must prepare a document to be known as (or two or more documents to be known together as) the local transport plan containing—
  • (a) their policies under subsection (1)(a);
  • (b) their proposals for the implementation of those policies.
  • (3A) Each local transport authority whose area is in Wales must prepare a document to be known as the local transport plan containing—
  • (a) their policies under subsection (1)(a), and
  • (b) their policies under subsection (2A).
  • (3B) A local transport authority whose area is in England must, in complying with the duty under subsection (1)(b), have regard to the proposals contained in their plan.
  • (4) In this Part “local transport authority” means—
  • (a) a county council in England,
  • (b) a council of a non-metropolitan district in England comprised in an area for which there is no county council,
  • (c) an Integrated Transport Authority for an integrated transport area in England,
  • (ca) a combined authority,
  • (cb) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, or
  • (d) a county council or county borough council in Wales.
  • (5) In this Part “local transport policies” means policies developed under subsection (1)(a).

Further provision about plans

109
  • (1) A local transport authority whose area is in England must keep their local transport plan under review and alter it if they consider it appropriate to do so.
  • (2) The authority may replace their plan as they think fit.
  • (2A) In preparing their local transport plan, and in keeping it under review, an authority other than an Integrated Transport Authority , a combined authority or a combined county authority must consult—
  • (a) the Secretary of State in relation to functions which the Secretary of State has—
  • (i) as highway authority by virtue of section 1 of the Highways Act 1980, or
  • (ii) as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984,
  • (b) if the local transport authority is a county council, the councils of the districts in the county (if any).
  • (2B) In preparing their local transport plan, and in keeping it under review, an Integrated Transport Authority , a combined authority or a combined county authority must consult—
  • (a) each local traffic authority (within the meaning of the Road Traffic Regulation Act 1984) for any area within the integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority or combined county authority,
  • (b) the Secretary of State in relation to functions which the Secretary of State has—
  • (i) as highway authority by virtue of section 1 of the Highways Act 1980, or
  • (ii) as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984,
  • (c) each county council and each district council for any area within the integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority or combined county authority.
  • (2C) In preparing their local transport plan, and in keeping it under review, the authority must consult such of the following persons as they consider appropriate—
  • (a) operators of any network or station, or of any railway services, in their area;
  • (b) operators or providers of other transport services in their area, or organisations appearing to the authority to be representative of the interests of such persons;
  • (c) organisations appearing to the authority to be representative of the interests of users of transport services and facilities in their area;

and must also consult any other persons whom they consider appropriate.

  • (2D) Any expression which is used in subsection (2C)(a) or (b) and in Part 1 of the Railways Act 1993 has the meaning given in that Part, taking “railway” to have its wider meaning (see section 81 of that Act).
  • (3) As soon as practicable after any occasion when they prepare a new plan or alter their plan, the authority must—
  • (a) publish the plan or the plan as altered in such manner as they think fit, and
  • (b) send a copy of it to the Secretary of State ... and to such other persons (if any) as may be specified in guidance under section 112(1).
  • (4) The authority must also—
  • (a) cause a copy of their local transport plan to be made available for inspection (at all reasonable hours) at such places as they think fit,
  • (b) give notice, by such means as they think expedient for bringing it to the attention of the public, as to the places at which a copy of it may be inspected, and
  • (c) supply a copy of it (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bus strategies

110

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Consultation and publicity about bus strategies

111

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Plans and strategies: supplementary

112
  • (1) In carrying out their functions under sections 108 to 109B, a local transport authority must have regard to any guidance concerning—
  • (a) the content of local transport plans ...,
  • (b) the preparation of such plans ...,
  • (c) the alteration and replacement of such plans ..., and
  • (d) the publication and making available of such plans ... as originally made and as altered or replaced,

which is issued from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

  • (2) In developing and implementing their policies under section 108(1) ..., a local transport authority must have regard to the transport needs of disabled persons (within the meaning of the Equality Act 2010) and of persons who are elderly or have mobility problems.

Role of metropolitan district councils

113
  • (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) The duties imposed on an Integrated Transport Authority for an integrated transport area or a combined authority or a combined county authority for an area by—
  • (a) section 108(1)(b), (2ZA) and (3B), and
  • (b) section 109(4),

are also duties of each of the councils for the metropolitan districts comprised in the area, subject to the modifications set out in subsection (2A).

  • (2A) The modifications are—
  • (a) in section 108(1)(b), the reference to “those policies” is a reference to the policies developed by the Integrated Transport Authority or (as the case may be) the combined authority or combined county authority for that area;
  • (b) in section 108(3B), the reference to “their plan” is a reference to the local transport plan of the Integrated Transport Authority or (as the case may be) the combined authority or combined county authority for that area;
  • (c) in section 109(4), the reference to “their local transport plan” is a reference to the local transport plan of the Integrated Transport Authority or (as the case may be) the combined authority or combined county authority for that area.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bus services: quality partnership schemes

Quality partnership schemes

114
  • (1) A local transport authority, or two or more such authorities acting jointly, may make a quality partnership scheme if they are satisfied that the scheme will contribute to the implementation of their local transport policies (but this is subject to subsection (1A).
  • (1A) A local transport authority whose area is in England may exercise the power to make a quality partnership scheme only if—
  • (a) they are acting jointly with one or more other local transport authorities, and
  • (b) at least one of those other local transport authorities is an authority whose area is in Wales.
  • (2) A quality partnership scheme is a scheme under which—
  • (a) the authority or authorities provide particular facilities in the whole or part of their area, or combined area, and
  • (b) operators of local services who wish to use the facilities must undertake to provide local services of a particular standard when using them.
  • (3) The authority or authorities must be satisfied that both the provision of those facilities and the provision of local services of that standard will—
  • (a) bring benefits to persons using local services in the whole or any part of their area, or combined area, by improving the quality of those services, or
  • (b) reduce or limit traffic congestion, noise or air pollution.
  • (3A) If the authority or authorities consider that it is necessary or expedient for any restrictions to be imposed on the registration of—
  • (a) any local services, or
  • (b) any local services of a particular description,

they may impose those restrictions (“registration restrictions”) by specifying or describing them in the scheme.

  • (3B) Any restrictions so imposed must be for the purpose of preventing or restricting—
  • (a) the provision of local services, or
  • (b) the variation or withdrawal of local services,

in cases where the authority or authorities consider that any such provision, or (as the case may be) variation or withdrawal, of services might be detrimental to the provision of services under the scheme.

  • (3C) Where a scheme includes any registration restrictions by virtue of subsection (3A), it must also specify the criteria (“registration criteria”) by reference to which a traffic commissioner is to decide whether or not to accept an application for registration.
  • (3D) In subsections (3A) to (3C) “registration”, in relation to any service,—
  • (a) means registration of prescribed particulars of the service under section 6 of the Transport Act 1985 (registration of local services), and
  • (b) includes a reference to the variation or cancellation of any such registration.
  • (4) A quality partnership scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 115.
  • (5) The facilities which may be specified in a scheme—
  • (a) must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but
  • (b) may not be facilities which are required to be provided as a result of section 139 or 140.
  • (6) The standard of services which may be specified in a scheme includes—
  • (a) requirements which the vehicles being used to provide the services must meet, and
  • (b) requirements as to frequency or timing of the services,

but the specification of any such requirements is not to prevent operators from providing services in excess of those requirements.

  • (6A) The standard of services which may be specified in a scheme may also include requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the scheme applies.
  • (6B) A scheme may include a requirement falling within subsection (6)(b) or (6A) only if there are no admissible objections to the requirement from relevant operators.

Section 122(3) to (5) makes further provision with respect to such schemes.

  • (6C) The power to make a quality partnership scheme includes power to provide for different facilities, or different standards of services, to be provided under the scheme as from different dates after the scheme comes into operation.
  • (7) If the provision of any of the facilities requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State or the National Assembly for Wales is the traffic authority), the scheme may not be made unless it is made by—
  • (a) the local transport authority or authorities, and
  • (b) the metropolitan district council for the district,

acting jointly.

  • (8) If the provision of any of the facilities requires the making of a traffic regulation order in respect of a road for which the Secretary of State or the National Assembly for Wales is the traffic authority, the scheme may not be made unless it is made by—
  • (a) the local transport authority or authorities, and
  • (b) the Secretary of State or the National Assembly for Wales,

acting jointly.

  • (9) Where subsection (7) or (8) applies so that a metropolitan district council, the Secretary of State or the National Assembly for Wales is a maker of the scheme, then (subject to section 121) the relevant references to the authority or authorities include (as well as the local transport authority or authorities) the metropolitan district council, the Secretary of State or the National Assembly for Wales.
  • (10) For the purpose of subsection (9) the relevant references are those in—
  • (a) subsections (2) and (4),
  • (b) sections 115 to 120, and
  • (c) section 127(7),

and paragraph 27(3) of Schedule 9 to the Road Traffic Regulation Act 1984.

  • (11) In carrying out their functions under this Part in relation to quality partnership schemes, local transport authorities must co-operate with one another.
  • (12) In considering whether to make a quality partnership scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.

Notice and consultation requirements

115
  • (1) If an authority or authorities propose to make a quality partnership scheme, they must give notice of the proposed scheme in at least one newspaper circulating in the area to which it relates.
  • (2) The notice must either contain full details of the facilities and standards of services , and of any registration restrictions and registration criteria, or state where such details may be inspected.
  • (3) After giving notice of the proposed scheme, the authority or authorities must consult—
  • (a) all operators of local services who would, in the opinion of the authority or authorities, be affected by it,
  • (b) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,
  • (c) any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,
  • (d) a traffic commissioner,
  • (e) the chief officer of police for each police area covering the whole or part of that area, and
  • (f) such other persons as the authority or authorities think fit.
  • (4) For the purpose of subsection (3)(c) the following are relevant local authorities—
  • (a) local transport authorities,
  • (b) district councils in England,
  • (c) London transport authorities, and
  • (d) councils in Scotland.

Making of scheme

116
  • (1) If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.
  • (2) The scheme must specify each of the following—
  • (a) the facilities to be provided under it by the authority or authorities,
  • (b) the standard of services to be provided under it by operators of local services,
  • (bb) any registration restrictions imposed by it and any registration criteria specified in it,
  • (c) the date on which it is to come into operation, ...
  • (d) the period for which it is to remain in operation, which must not be less than five years.
  • (e) if any facilities or standards of services are to be provided under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so provided.
  • (3) The scheme may provide that—
  • (a) local services specified in it, or
  • (b) local services of a class specified in it,

are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.

  • (4) The date as from which any particular facilities, or any services of a particular standard, are to be provided must not be earlier than—
  • (a) in the case of facilities, the latest of dates A to C (see subsections (4B) to (4D)),
  • (b) in the case of services, the later of dates A and D (see subsections (4B) and (4E)),

unless the case falls within subsection (4A).

  • (4A) If under the scheme—
  • (a) particular facilities are to be provided by the authority or authorities, and
  • (b) as from the date by which the facilities are to be provided, services of a particular standard are to be provided by operators of local services when using the facilities,

the date as from which the facilities and the services are to be provided must not be earlier than the latest of dates A to D.

  • (4B) Date A is the date 3 months after the date on which the scheme is made.
  • (4C) Date B is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for the authority or authorities to provide the facilities.
  • (4D) Date C is the date 3 months after—
  • (a) the date on which any traffic regulation order required for the provision of any of the facilities is made, or
  • (b) if more than one such order is required for their provision, the date on which the last of them is made.
  • (4E) Date D is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for operators of local services to provide services of the particular standard.
  • (6) Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice—
  • (a) in at least one newspaper circulating in the area to which the scheme relates, ...
  • (b) to all operators of local services who would, in the opinion of the authority or authorities, be affected by the scheme , and
  • (c) to a traffic commissioner
  • (7) The notice must—
  • (a) either contain full details of the scheme or state where such details may be inspected, and
  • (b) if the scheme made is a modified version of that proposed, state that fact.

Postponement of scheme

117
  • (1) If it appears to the authority or authorities appropriate to do so, they may decide that any of the dates specified in subsection (1A) shall be postponed by such period as they think fit.

A date may not be postponed under this subsection by a period or periods which in total exceed 12 months.

  • (1A) The dates are—
  • (a) the date on which the scheme is to come into operation,
  • (b) the date as from which any particular facilities are to be provided under the scheme,
  • (c) the date as from which any particular services are to be provided to a particular standard under the scheme.
  • (2) Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the scheme.
  • (3) Not later than 14 days after the date on which any such decision is made they must give notice of the decision—
  • (a) in at least one newspaper circulating in the area to which the scheme relates, ...
  • (b) to all operators of local services who would, in their opinion, be affected by the scheme , and
  • (c) to a traffic commissioner

Effect of scheme

118
  • (1) The authority or authorities must—
  • (a) provide each of the specified facilities not later than the date specified for its provision under the scheme, and
  • (b) continue to provide it throughout the remainder of the period for which the scheme is in operation.
  • (2) But subsection (1) does not apply in relation to any period during which the authority or authorities are temporarily unable to provide the facilities owing to circumstances beyond their control.
  • (3) Nor does it apply in the case of the Secretary of State or the National Assembly for Wales if he or it is unable to provide the facilities owing to the variation or revocation of a traffic regulation order.
  • (4) The operator of a local service may not use facilities provided under a quality partnership scheme unless—
  • (a) he has given a written undertaking to a traffic commissioner that, when using the facilities on any date, he will provide the service to the standard specified in the scheme as it has effect in relation to that date, and
  • (b) he provides the service to that standard when using the facilities, except in relation to any period during which he is temporarily unable to do so owing to circumstances beyond his control.
  • (5) But subsection (4) does not apply in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 116(3).
  • (6) Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the Transport Act 1985 (registration of local services) of the service concerned.

Regulations about schemes involving existing facilities

119
  • (1) The appropriate national authority may by regulations make provision about the specifying in quality partnership schemes of facilities which are already being provided before the schemes are proposed (“existing facilities”).
  • (2) The regulations may in particular—
  • (a) provide that existing facilities may not be specified if they were being provided before a date prescribed by, or determined in accordance with, the regulations,
  • (b) provide that particular existing facilities or classes of existing facilities may not be specified (whenever they were first provided),
  • (c) provide that particular existing facilities or classes of existing facilities may be specified only in circumstances prescribed by the regulations,
  • (d) provide that, in circumstances prescribed by the regulations, particular existing facilities or classes of existing facilities may be specified only with the consent of a person prescribed by, or determined in accordance with, the regulations, and
  • (e) make provision modifying any provision of sections 115 to 117 in relation to schemes which specify existing facilities.

Variation or revocation of schemes

120
  • (1) The authority or authorities who made a quality partnership scheme may vary the scheme if they decide that it is appropriate to do so.
  • (2) The authority or authorities who made a scheme may revoke it before the end of the period for which it would otherwise remain in operation if all persons who have given an undertaking to provide a service to the standard specified in the scheme consent to the revocation of the scheme; and such consent must not be unreasonably withheld.
  • (3) If the variation of a scheme under subsection (1) would require the making of a traffic regulation order, the variation is subject to the same procedure as the making of a scheme.
  • (4) Any other variation of a scheme under subsection (1), or the revocation of a scheme under subsection (2), is subject to that procedure, except to the extent that the procedure is modified by regulations made under section 122.

Variation: supplementary

121
  • (1) The relevant references to the authority or authorities in relation to a quality partnership scheme—
  • (a) include a local transport authority if it has been varied so that it relates to that authority’s area, but
  • (b) do not include a local transport authority if it has been varied so that it no longer relates to that authority’s area.
  • (2) But if (although the scheme does not relate to a local transport authority’s area) it would do by reason of a proposed variation, those references (apart from those in section 118) include that authority.
  • (3) The relevant references (apart from those in section 114(1) and (3)) to the authority or authorities in relation to a quality partnership scheme—
  • (a) include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities, but
  • (b) do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities.
  • (4) But if (although the scheme does not specify facilities which are traffic regulation facilities in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references (apart from those in section 118) include that authority.
  • (5) And if (although the scheme specifies facilities which are traffic regulation facilities in relation to a traffic regulation authority)—
  • (a) the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities has been revoked, and
  • (b) the scheme is proposed to be varied (but not so that it specifies other facilities which are traffic regulation facilities in relation to that authority),

the relevant references (apart from those in section 118) do not include that authority.

  • (6) For the purposes of this section the relevant references are those in—
  • (a) section 114(1) to (4),
  • (b) sections 115 to 120, and
  • (c) section 127(7),

and paragraph 27(3) of Schedule 9 to the Road Traffic Regulation Act 1984.

  • (7) In this section “traffic regulation authority” means—
  • (a) a metropolitan district council,
  • (b) the Secretary of State, or
  • (c) the National Assembly for Wales.
  • (8) For the purposes of this section facilities are traffic regulation facilities, in relation to a traffic regulation authority and a quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so.

Regulations about schemes

122
  • (1) The appropriate national authority may by regulations make further provision with respect to—
  • (a) the procedure to be followed when making, varying or revoking quality partnership schemes,
  • (aa) the content or operation of schemes which include a requirement falling within section 114(6)(b) or (6A),
  • (b) the local services or classes of local services which must be, or may be, excluded from schemes,
  • (c) the conditions which must be, or may be, attached to such exclusions,
  • (d) the form and manner in which undertakings are to be given to a traffic commissioner in connection with schemes,
  • (e) the making of traffic regulation orders in connection with schemes, and
  • (f) such other incidental matters in connection with quality partnership schemes as the appropriate national authority thinks fit.
  • (2) The regulations may in particular make provision with respect to—
  • (a) giving notice of proposed schemes or proposed variations or revocation of schemes,
  • (b) objections to such proposals,
  • (c) the holding of inquiries or hearings into objections,
  • (d) modifications of such proposals,
  • (e) the form of schemes or variations, and
  • (f) giving notice of schemes which have been made or of the variation or revocation of schemes.
  • (3) As regards schemes which include any requirement mentioned in section 114(6)(b) or (6A), regulations under subsection (1)(a) or (aa) may in particular make provision—
  • (a) for section 114(6B) not to apply in such circumstances as may be prescribed,
  • (b) requiring such schemes to include provision falling within subsection (4),
  • (c) for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators,
  • (d) in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 117, for any such requirement not to take effect unless prescribed conditions are satisfied,
  • (e) as to the meaning of “admissible objection” for the purposes of section 114(6B) and paragraph (c) of this subsection,
  • (f) as to the meaning of “relevant operator” for those purposes,
  • (g) as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator.
  • (4) The provision referred to in subsection (3)(b) is provision—
  • (a) as respects the setting of frequencies, timings or maximum fares to which the requirements relate,
  • (b) for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed,
  • (c) for a maximum interval before any such requirements must next be reviewed,
  • (d) as respects other circumstances in which any such requirements must or may be reviewed,
  • (e) as respects revision of any such requirements after a review.
  • (5) Subsections (3)(b) and (4) have effect subject to, and in accordance with, the following provisions—
  • (a) the revision of requirements as to frequencies, timings or maximum fares under any provision made in accordance with those subsections is not to be regarded as a variation of the scheme for the purposes of section 120 (variation or revocation of scheme), but
  • (b) nothing in those subsections or in paragraph (a) of this subsection shall be taken to derogate from what may be done under or by virtue of that section.
  • (6) The provision that may be made by virtue of subsection (3)(g) includes provision for and in connection with—
  • (a) the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph;
  • (b) the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination;
  • (c) the payment—
  • (i) by the appropriate national authority to an adjudicator, or
  • (ii) by the appropriate national authority or an adjudicator to an assessor,

of such remuneration as may be determined by or in accordance with the regulations.

Guidance about schemes

123
  • (1) The appropriate national authority may issue guidance concerning the carrying out by local transport authorities and metropolitan district councils of their functions under this Part in relation to quality partnership schemes.
  • (2) Those authorities and councils must have regard to any such guidance.

Bus services: quality contracts schemes in Wales

Quality contracts schemes

124
  • (1) A local transport authority for an area in Wales, or two or more such authorities acting jointly, may make a quality contracts scheme covering the whole or any part of their area, or combined area, if they are satisfied that—
  • (a) the proposed scheme will result in an increase in the use of bus services (see subsection (9B)) in the area to which the proposed scheme relates,
  • (b) the proposed scheme will bring benefits to persons using local services in the area to which the proposed scheme relates, by improving the quality of those services,
  • (c) the proposed scheme will contribute to the implementation of the local transport policies of the authority or authorities,
  • (d) the proposed scheme will contribute to the implementation of those policies in a way which is economic, efficient and effective, and
  • (e) any adverse effects of the proposed scheme on operators will be proportionate to the improvement in the well-being of persons living or working in the area to which the proposed scheme relates and, in particular, to the achievement of the objectives mentioned in paragraphs (a) to (d).
  • (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) A quality contracts scheme may not be made unless the authority or authorities—
  • (a) have complied with the requirements of section 125, and
  • (b) ... have obtained the approval of the Welsh Ministers in accordance with section 126, . . .
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) A quality contracts scheme is a scheme under which—
  • (a) the authority or authorities determine what local services should be provided in the area to which the scheme relates and any additional facilities or services which should be provided in that area, and
  • (b) local services may only be provided in that area in accordance with quality contracts (subject to section 127(4) and section 132C).
  • (4) In this Part “quality contract”, in relation to a quality contracts scheme, means an agreement entered into under section 130 or 131 under which—
  • (a) the authority or authorities grant to another person the exclusive right to operate the local services to which the contract relates, and
  • (b) that person undertakes to provide the services on such terms (including in particular as to frequency, fares and standard of service) as may be specified in the agreement.
  • (5) A quality contract may be made on terms—
  • (a) which include provision for the making of payments by the authority or authorities to the person undertaking to provide the local service, and
  • (b) requiring one or more of the parties to provide additional facilities or services.
  • (6) Section 88(1) of the Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) does not apply in relation to quality contracts.
  • (7) The authority or authorities must keep under review the extent to which quality contracts entered into by them are complied with.
  • (8) In carrying out their functions under this Part in relation to quality contracts schemes, local transport authorities must co-operate with one another.
  • (9) In considering whether to make a quality contracts scheme, a local transport authority for an area in Wales must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.
  • (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (9B) The reference in subsection (1)(a) to increasing the use of bus services includes a reference to reducing, arresting or reversing decline in the use of bus services.
  • (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice and consultation requirements

125
  • (1) If an authority or authorities propose to make a quality contracts scheme, they must—
  • (a) publish, in such manner as they think fit, a consultation document complying with subsection (1A),
  • (b) supply a copy of that document to each of the persons mentioned in subsection (3), and
  • (c) give notice in accordance with subsection (2) of the proposed scheme in at least one newspaper circulating in the area to which it relates, ...
  • (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (1A) The consultation document mentioned in subsection (1)(a) must include—
  • (a) a description of the proposed scheme;
  • (b) a statement of the reasons why the authority or authorities are satisfied that the conditions in subsection (1) ... of section 124 are met;
  • (c) a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the implementation of the scheme;
  • (d) a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;
  • (e) a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—
  • (i) any estimated income from fares, and
  • (ii) any grants from Ministers of the Crown or government departments,

any remaining funding required to implement the scheme can be provided from other resources available to the authority or authorities;

  • (f) the date by which any written responses to the consultation must be submitted to the authority or authorities.
  • (1B) The description of the proposed scheme contained in the consultation document in accordance with subsection (1A)(a) must include—
  • (a) an outline of the local services which are proposed to be provided under it;
  • (b) a statement of any proposed exclusions from the scheme by virtue of section 127(4).
  • (1C) In subsection (1A)(e) “chief finance officer”, in relation to a local transport authority, means that officer of the authority who is responsible under—
  • (a) section 151 of the Local Government Act 1972, or
  • (b) section 73 of the Local Government Act 1985,

for making arrangements for the proper administration of the financial affairs of the authority.

  • (2) The notice must—
  • (a) describe the proposed scheme, and
  • (b) state where a copy of the scheme and the consultation document may be inspected, ...
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) After giving notice of the proposed scheme, the authority or authorities must consult—
  • (a) all persons operating local services in the area to which it relates,
  • (b) all other persons holding a PSV operator’s licence or a community bus permit who would, in the opinion of the authority or authorities, be affected by it,
  • (c) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,
  • (d) any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,
  • (e) ... a traffic commissioner,
  • (f) the chief officer of police for each police area covering the whole or part of the area to which the proposed scheme relates, and
  • (g) such other persons as the authority or authorities think fit.
  • (4) For the purpose of subsection (3)(d) the following are relevant local authorities—
  • (a) local transport authorities,
  • (b) district councils in England,
  • (c) London transport authorities, and
  • (d) councils in Scotland.
  • (5) The authority or authorities may modify the proposed scheme following those consultations.

Approval of proposed scheme

126
  • (A1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (1) If, having complied with the requirements of section 125, the authority or authorities wish to proceed with the proposed scheme, they must apply to the appropriate national authority for its approval.
  • (2) The application must include—
  • (a) their reasons for wishing to make the scheme, and
  • (b) such other information as the appropriate national authority may reasonably require.
  • (3) Any person who was consulted, or who is aggrieved at not being consulted, under section 125(3) may make written representations to the appropriate national authority about the scheme.
  • (4) The appropriate national authority may approve the proposed scheme, with or without modifications, if it is satisfied that—
  • (a) the conditions set out in paragraphs (a) to (e) of section 124(1) ... are met, and
  • (b) it is in the interests of the public that the scheme is made.
  • (5) If the appropriate national authority proposes to approve the scheme with modifications, it must first inform the authority or authorities and they must—
  • (a) consult such of the persons they consulted under section 125(3) as would, in their opinion, be affected by those modifications, and
  • (b) inform the appropriate national authority as to the outcome of that consultation.
  • (6) After being informed of that outcome the appropriate national authority may approve the scheme either with those modifications or without modifications.

Making of scheme

127
  • (1) The authority or authorities who proposed the scheme may make it—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) ... in accordance with the requirements of subsection (1B).
  • (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (1B) If—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) the Welsh Ministers approve the scheme under section 126,

the authority or authorities who proposed it may make it, as approved, at any time not later than 6 months after the date of the approval.

  • (2) The scheme must specify—
  • (a) the area to which it relates,
  • (b) the date on which it is to come into operation or, if the scheme provides for different provisions to come into operation on different dates, or on different dates for different purposes, those dates in the case of each provision, and
  • (c) the period for which it is to remain in operation, which must not be more than ten years from the earliest date on which the scheme or any of its provisions comes into operation.
  • (2A) No date that is to be specified under subsection (2)(b) may be earlier than 6 months after the scheme is made.
  • (3) The scheme must outline—
  • (a) the local services which are to be provided under quality contracts, and
  • (b) the features of the proposed invitations to tender for quality contracts.
  • (3A) The scheme must specify the date or dates on which it is proposed that the authority or authorities will issue invitations to tender for the provision of any services to which the scheme relates (see section 130).
  • (4) The scheme may provide that—
  • (a) local services specified in it, or
  • (b) local services of a class specified in it,

are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.

  • (5) The scheme may contain such ancillary provisions as the authority or authorities think fit.
  • (6) The scheme may include provision—
  • (a) varying or revoking any quality partnership scheme which only relates to the area of the authority, or combined area of the authorities, by which the scheme is made, or
  • (b) varying any other quality partnership scheme to the extent that it so relates.
  • (7) If provision is made under subsection (6)(b) to vary the quality partnership scheme so that it no longer so relates, such of the authorities by which it was made as did not make the quality contracts scheme—
  • (a) may (subject to the provision so made) vary it if they decide that it is appropriate to do so, or
  • (b) may revoke it if all persons who have given an undertaking to provide a service to a standard specified in the scheme consent to the revocation of the scheme (which consent must not be unreasonably withheld);

and subsections (3) and (4) of section 120 apply to a variation or revocation under this subsection.

  • (8) Not later than 14 days after the date on which the scheme is made, the authority or authorities must—
  • (a) give notice in at least one newspaper circulating in the area to which the scheme relates, and
  • (b) send a copy of the scheme to a traffic commissioner.
  • (9) The notice must state—
  • (a) that the scheme has been made,
  • (b) where a copy of the scheme may be inspected, and
  • (c) the date or dates on which the scheme, or the different provisions of the scheme, are to come into operation.
  • (10) The appropriate national authority may by order vary any of the periods mentioned in subsection ... (1B) or (2A).

Postponement of scheme

128
  • (1) If it appears to the authority or authorities who made the scheme appropriate to do so, they may decide that the date on which the scheme , or any particular provision of the scheme, would otherwise come into operation , or come into operation for any particular purpose or purposes, shall be postponed by such period as they think fit (subject to any provision of regulations made under subsection (4)).
  • (2) Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the decision.
  • (3) Not later than 14 days after the date on which any such decision is made they must give notice of the decision—
  • (a) in at least one newspaper circulating in the area to which the scheme relates, ...
  • (b) to all operators of local services who would, in their opinion, be affected by the decision , and
  • (c) to a traffic commissioner
  • (4) The appropriate national authority may by regulations make provision with respect to postponements under subsection (1).
  • (5) The regulations may in particular make provision—
  • (a) as to the maximum period of postponements, and
  • (b) requiring authorities to re-issue invitations to tender in accordance with section 130.

Effect of scheme

129
  • (1) During any period in which the scheme , or (in the case of a scheme which provides for different provisions to come into operation on different dates) any provision of the scheme, is in operation—
  • (a) sections 6 to 9 of the Transport Act 1985 (registration of local services) do not have effect in relation to the area to which the scheme, or that provision, relates, and
  • (b) no local service shall be provided in that area (if there is a stopping place for the service in that area) unless it is provided under a quality contract or is an interim service (see section 132C).
  • (2) But subsection (1) does not apply —
  • (a) so as to prevent the application of sections 6 to 9 of the Transport Act 1985 in relation to any service by virtue or in consequence of section 6B of that Act (application for registration or variation where quality contracts scheme in force),
  • (b) so as to prevent the provision of any service registered under section 6 of the Transport Act 1985 by virtue of section 6B of that Act, or
  • (c) in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 127(4).
  • (3) Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the Transport Act 1985 of the service concerned.
  • (4) The authority or authorities must invite tenders in accordance with section 130 not later than—
  • (a) three months, or
  • (b) such other period as the appropriate national authority may by order specify,

after the scheme has been made.

Tendering for quality contracts

130
  • (1) The authority, or the authorities acting jointly, must invite tenders for the provision of services to which the scheme, or each provision of the scheme, relates for such period and on such basis as may be specified in the invitation to tender.
  • (2) The period specified must not exceed 10 years.
  • (3) Subject to subsection (4), such an invitation—
  • (a) must be issued generally, in such manner as the authority or authorities consider appropriate for bringing it to the attention of persons who may be interested, and
  • (b) must also be issued individually to all persons who have given to that authority or any of those authorities a written notice indicating that they wish to receive invitations to tender for the provision of local services of a description to which the invitation relates.
  • (4) Such a notice must specify the address to which such an invitation is to be directed, and it shall be sufficient for the purposes of subsection (3)(b) if the authority or authorities send the invitation to the person giving such a notice at the address so specified.
  • (5) The authority or authorities may only accept a tender submitted by a person who is the holder of either—
  • (a) a PSV operator’s licence, or
  • (b) a community bus permit.
  • (6) But subsection (5)(a) does not include a licence to which a condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licences) prohibiting the holder from using vehicles under the licence to provide local services of all descriptions or of any description to which the invitation relates.
  • (7) After entering into a quality contract, the authority or authorities must give notice to a traffic commissioner of—
  • (a) the local services to be provided in accordance with the contract, and
  • (b) the duration of the contract.
  • (8) The appropriate national authority may by regulations make provision requiring authorities to publish prescribed information about tenders submitted to them in accordance with this section or about their reasons for entering into particular quality contracts.

Exceptions from section 130

131
  • (1) Section 130 does not apply in any case where it appears to the authority or authorities that action is urgently required for the purpose of—
  • (a) maintaining an existing service,
  • (b) securing the provision of a service in place of a service which has ceased to operate, or
  • (c) securing the provision of a service to meet any public transport requirement which has arisen unexpectedly and ought in the opinion of the authority to be met without delay.
  • (2) The appropriate national authority may by regulations make provision for further exceptions from section 130, including in particular with respect to—
  • (a) cases in which no tender, or no acceptable tender, is submitted in response to an invitation to tender issued under section 130(1) or under any provision made by virtue of subsection (5)(a), and
  • (b) agreements of a prescribed description.
  • (3) The appropriate national authority may make regulations fixing the maximum duration of a quality contract entered into under subsection (1) or under any provision made by virtue of subsection (2).
  • (4) The appropriate national authority may by regulations make further provision with respect to exceptions from section 130.
  • (5) Regulations under subsection (4) may in particular—
  • (a) require authorities to invite tenders for the provision of a service which is the subject of a quality contract made under subsection (1) or under any provision made by virtue of subsection (2), and
  • (b) require authorities to publish prescribed information (including as to their reasons for entering into particular quality contracts) or to give notices.

Variation or revocation of scheme

132
  • (1) The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may vary it by—
  • (a) increasing the area to which it relates (to no greater than the whole of their area or combined area) or adding to the description of local services which are to be provided under quality contracts,
  • (b) reducing that area or reducing the description of services, or
  • (c) providing for new exclusions from the scheme or for the variation or revocation of existing exclusions.
  • (2) The scheme may not be varied under subsection (1)(a) unless the conditions set out in subsection (1)(a) to (e) of section 124 ... are met with respect to the scheme as varied.
  • (3) The scheme may not be varied under subsection (1)(b) unless the relevant conditions —
  • (a) are no longer met with respect to it, but
  • (b) are met with respect to the scheme as varied.
  • (4) The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may revoke the scheme—
  • (a) if the relevant conditions are no longer met with respect to it,
  • (aa) if they consider that those conditions would no longer be met with respect to it if they were to act in accordance with a direction given by the Upper Tribunal under this Part, or
  • (b) if they and one or more other authorities make a quality contracts scheme covering the whole or part of the area to which it relates.
  • (4A) In subsections (3) and (4) “the relevant conditions” means—
  • (a) in the case of a scheme made under section 124(1) and not subsequently continued in operation under section 131A or varied under subsection (1)(a) of this section, the conditions set out in section 124(1)(a) to (e);
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) in the case of a scheme that has been continued in operation under section 131A or varied under subsection (1)(a) of this section, the conditions by reference to which it was last so continued in operation or varied.
  • (5) The variation or revocation of a scheme under subsection (1) or (4) is subject to the provisions of—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) subsection (9) (areas in Wales),

except to the extent that section 132B (exemption for specific variations directed by Upper Tribunal on appeal) otherwise provides.

  • (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (9) The variation or revocation of a scheme for an area in Wales—
  • (a) requires the approval of the Welsh Ministers, except in the case of a variation which is an exempt variation, and
  • (b) is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified or excluded by regulations made by the Welsh Ministers under section 133.
  • (10) Section 130 (tendering) applies to a varied scheme (whether or not the variation is an exempt variation) but subject to regulations made by the appropriate national authority under section 133(3).
  • (11) A variation of a scheme is an exempt variation for the purposes of this section if the variation is—
  • (a) a reduction in the area to which the scheme relates,
  • (b) a reduction in the descriptions of services which are to be provided under quality contracts, or
  • (c) the provision of new exclusions from the scheme,

and a “non-exempt variation” is any other variation of a scheme.

  • (12) The appropriate national authority may by regulations provide that in prescribed circumstances quality contracts schemes may be revoked by that authority before coming into operation.

Regulations about schemes

133
  • (1) The appropriate national authority may by regulations make further provision with respect to—
  • (a) the procedure to be followed when making, continuing, varying or revoking quality contracts schemes,
  • (b) the approval of schemes ...,
  • (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (bc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) the local services or classes of local services which are to be, or may be, excluded from schemes,
  • (d) the conditions which must be, or may be, attached to such exclusions, and
  • (e) such other incidental matters in connection with quality contracts schemes as the appropriate national authority thinks fit.
  • (2) The regulations may in particular make provision with respect to—
  • (a) giving notice of proposed schemes or proposed continuations, variations or revocation of schemes,
  • (b) objections to such proposals,
  • (c) the holding of inquiries or hearings into objections,
  • (d) modifications of such proposals,
  • (e) the form and manner of applications for approval of such proposals ...,
  • (ee) the procedure for determining such applications,
  • (ef) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (eg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (eh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (ei) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (f) the form of schemes , continuations or variations, and
  • (g) giving notice of schemes which have been made or of the continuation, variation or revocation of schemes.
  • (3) The appropriate national authority may also make regulations modifying or excluding the application of provisions of this Part, so far as relating to quality contracts schemes, in cases where a local transport authority, or two or more local transport authorities acting jointly, do any of the following—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) propose or decide that a scheme should continue in operation (with or without modification) under section 131A,
  • (c) propose or decide to vary or revoke a scheme under section 132.
  • (4) Regulations made by virtue of subsection (3) must not exclude any requirement for the authority or authorities—
  • (a) under section 126, to obtain the approval of the Welsh Ministers,
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision about schemes

134
  • (1) The appropriate national authority may by regulations make such transitional provision as it considers appropriate in connection with—
  • (a) the coming into operation of quality contracts schemes or of provisions of such schemes,
  • (b) the continuation in operation or variation of such schemes, and
  • (c) the ending of such schemes (whether or not as a result of their revocation).
  • (2) The regulations may in particular provide that in prescribed circumstances—
  • (a) any provision of sections 6 to 9 of the Transport Act 1985 (registration of local services), or of sections 89 to 92 of that Act (obligation to invite tenders etc), which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or
  • (b) any such provision which would not otherwise have effect is to have effect or is to have effect with such modifications as may be prescribed,

in relation to the whole or any part of the area to which the scheme relates.

  • (3) Any regulations made by virtue of paragraph (a) of subsection (1) are not to have effect in the case of any quality contracts scheme as respects any time before the making of the scheme.

Bus services: ticketing schemes

Joint and through ticketing schemes

135
  • (1) A local transport authority, 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 contribute to the implementation of their local transport policies

(but this is subject to subsection (1A)).

  • (1A) A local transport authority whose area is in England may exercise the power to make a ticketing scheme only if—
  • (a) they are acting jointly with one or more other local transport authorities, and
  • (b) at least one of those other local transport authorities is an authority whose area is in Wales.
  • (2) A ticketing scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 136.
  • (3) A ticketing scheme is a scheme under which operators of local services of a class specified in it are required to make and implement arrangements under which persons may purchase, in a single transaction, a ticket (or tickets) of any of the descriptions which may be covered by a ticketing scheme and to which the scheme applies.
  • (4) The descriptions of tickets which may be covered by a ticketing scheme are—
  • (a) tickets entitling the holder to make more than one journey on particular local services or on local services of a class specified in the scheme (whether or not operated by the same person),
  • (b) tickets entitling the holder to make a particular journey on two or more local services (whether or not operated by the same person),
  • (c) where a particular journey could be made on local services provided by any of two or more operators, tickets entitling the holder to make the journey on whichever service the holder chooses, and
  • (d) tickets entitling the holder to make a journey, or more than one journey, involving both travel on one or more local services and travel by one or more connecting rail or tram services.
  • (5) A connecting rail or tram service, in relation to a ticketing scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between—
  • (a) a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the ticketing scheme relates, and
  • (b) any other place.
  • (6) Different arrangements may be specified in a ticketing scheme for different cases.
  • (7) In carrying out their functions under this Part in relation to ticketing schemes, local transport authorities must co-operate with one another.
  • (8) In considering whether to make a ticketing scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.

Notice and consultation requirements

136
  • (1) If an authority or authorities propose to make a ticketing scheme, they must give notice of the proposed scheme in at least one newspaper circulating in the area to which it relates.
  • (2) The notice must specify the date on which the scheme is proposed to come into operation.
  • (3) After giving notice of the proposed scheme, the authority or authorities must consult—
  • (a) all operators of local services who would, in the opinion of the authority or authorities, be affected by it,
  • (b) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit, and
  • (c) a traffic commissioner.

Making of scheme

137
  • (1) If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.
  • (2) If the scheme applies to tickets within section 135(4)(d), it may only be made with the agreement of the operators of the connecting rail or tram services concerned.
  • (3) The scheme must specify the date on which it is to come into operation, which must not be earlier than three months after the date on which it is made.
  • (4) Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of it—
  • (a) in at least one newspaper circulating in the area to which it relates,
  • (b) to a traffic commissioner.
  • (c) to all operators of local services or services for the carriage of passengers by railway or by tramway (or by both) who would, in the opinion of the authority or authorities, be affected by it,
  • (d) to the Secretary of State if it applies to tickets within section 135(4)(d), and
  • (e) in such other manner, or to such other persons or class of person, (if any) as the appropriate national authority may prescribe by regulations.
  • (5) The notice must set out the terms of the scheme and the date on which it is to come into operation.
  • (6) The authority or authorities may vary or revoke the scheme; and the variation or revocation is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified by regulations made by the appropriate national authority.

Effect of scheme

138

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

Bus services: provision of information

Information about bus services

139
  • (1) Each local transport authority must from time to time determine, having regard to their local transport policies —
  • (a) what local bus information should be made available to the public (“the required information”), and
  • (b) the way in which it should be made available (“the appropriate way”).
  • (2) Before making such a determination, the authority must consult—
  • (a) such organisations appearing to the authority to be representative of users of local services as they think fit, and
  • (b) a traffic commissioner.
  • (3) Each authority must from time to time ascertain whether the required information is being made available to the public in the appropriate way.
  • (4) Subsection (5) applies if an authority consider that—
  • (a) the required information is not being made available to the public to any extent, or
  • (b) that information is not being made available to the public in the appropriate way.
  • (5) If this subsection applies, the authority must seek to make arrangements with the operators of the local services concerned under which those operators agree to make the information available (or to make it available in that way).
  • (6) In this section “local bus information”, in relation to a local transport authority, means—
  • (a) information about routes and timetabling of local services to, from and within the authority’s area,
  • (b) information about fares for journeys on such local services, and
  • (c) such other information about facilities for disabled persons, travel concessions, connections with other public passenger transport services or other matters of value to the public as the authority consider appropriate in relation to their area.

Duty of authority to make information available

140
  • (1) If the authority are unable to make satisfactory arrangements with one or more of those operators, they—
  • (a) must make available, or secure that there is made available, in the appropriate way such of the required information as is not being made available or is not being made available in that way (whether by virtue of arrangements made under section 139(5) or otherwise), and
  • (b) may recover from that operator or those operators 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) what is reasonable in relation to a particular operator, the authority must 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 require an operator to provide information to them or to another person in order to perform their duty under subsection (1)(a), the operator must provide the information at such times and in such manner as is specified by the authority.
  • (4) The authority must give notice of any requirement imposed under subsection (3) to a traffic commissioner.

Bus information: supplementary

141
  • (1) In considering how they should carry out their functions under sections 139 and 140, a local transport authority must have regard to a combination of economy, efficiency and effectiveness.
  • (2) In carrying out those functions, local transport authorities—
  • (a) must not act in such a way as to discriminate (whether directly or indirectly) against any operator, or class of operator, of local services, and
  • (b) must co-operate with one another.
  • (3) A local transport authority must have regard to the desirability, in appropriate cases, of carrying out those functions jointly with another authority (whether as respects the whole or any part of their combined area).

Bus services: miscellaneous

Traffic regulation conditions to reduce or limit pollution

142

In section 7 of the Transport Act 1985 (traffic regulation conditions to be met in provision of local services subject to registration), in subsection (4) (reasons for which conditions may be determined), insert at the end

; or (c) reduce or limit noise or air pollution.

Power to obtain information about local services

143

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