Bus Services Act 2017

(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 (c) a cancellation under section 6E of the registration of a service provided by the person. (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 (c) substitute a decision for the decision made. (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 (c) a traffic commissioner. (8) In this section “local transport authority” has the meaning given in section 108(4) of the Transport Act 2000.

Traffic commissioner functions

14

• (1) The Transport Act 1985 is amended as follows.

• (2) After section 6F (inserted by section 13) insert—

(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— 1. in the case of functions relating to the variation of registration, services that would be relevant services if varied as proposed, or 2. in 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.

• (3) After section 6G (inserted by subsection (2)) insert—

(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 (c) an application under section 6 of this Act for the cancellation of the registration of a relevant service. (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 (c) are to be payable in one sum or in instalments, as provided by the regulations. (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.

• (4) After section 6H (inserted by subsection (3)) insert—

(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; (c) the local services that are cancelled by the authority under section 6E. (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; (c) the local services that are cancelled by the authority under section 6E. (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.

Further amendments

15

Schedule 4 contains further amendments relating to enhanced partnership plans and schemes.

Powers to make traffic regulation orders

Powers to make traffic regulation orders

16

• (1) The Road Traffic Regulation Act 1984 is amended as follows.

• (2) In section 1 (traffic regulation orders outside Greater London), in subsection (3A), after “facilities” insert “ or for the taking of relevant bus scheme measures ”.

• (3) In section 1(3B), before paragraph (a) insert—

(za) facilities provided pursuant to an advanced quality partnership scheme under Part 2 of the Transport Act 2000;

.

• (4) In section 1(3B), in paragraph (a), for “Part 2 of the Transport Act 2000” substitute “ that Part ”.

• (5) In section 1(3B), after paragraph (a), insert—

(aa) facilities provided in connection with a franchising scheme under that Part (see section 123A(3)(d) of that Act);

.

• (6) In section 1(3B), after paragraph (b) insert—

(c) facilities provided pursuant to an enhanced partnership scheme under that Part.

• (7) In section 1, after subsection (3B) insert—

(3C) In subsection (3A) “relevant bus scheme measures” means— (a) measures taken pursuant to an advanced quality partnership scheme under Part 2 of the Transport Act 2000; (b) measures taken pursuant to an enhanced partnership scheme under that Part.

• (8) In Schedule 9 (special provisions as to certain orders), in paragraph 27 (variation or revocation of orders under section 1 etc), in sub-paragraph (1), for “and (3)” substitute “ , (2A), (3) and (4) ”.

• (9) In paragraph 27 of that Schedule, after sub-paragraph (2) insert—

(2A) Where an order is required for the provision of facilities or the taking of measures pursuant to an advanced quality partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority— (a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and (b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.

• (10) In paragraph 27 of that Schedule, after sub-paragraph (3) insert—

(4) Where an order is required for the provision of facilities or the taking of measures pursuant to an enhanced partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority— (a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and (b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.

Information for bus passengers

Information for bus passengers

17

• (1) After section 181 of the Equality Act 2010 insert—

(181A) (1) The Secretary of State may, for the purpose of facilitating travel by disabled persons, make regulations requiring operators of local services to make available information about a local service to persons travelling on the service. (2) The regulations may make provision about— (a) the descriptions of information that are to be made available; (b) how information is to be made available. (3) The regulations may, in particular, require an operator of a local service to make available information of a prescribed description about— (a) the name or other designation of the local service; (b) the direction of travel; (c) stopping places; (d) diversions; (e) connecting local services. (4) The regulations may, in particular— (a) specify when information of a prescribed description is to be made available; (b) specify how information of a prescribed description is to be made available, including requiring information to be both announced and displayed; (c) specify standards for the provision of information, including standards based on an announcement being audible or a display being visible to a person of a prescribed description in a prescribed location; (d) specify forms of communication that are not to be regarded as satisfying a requirement to make information available. (5) Regulations under this section may make different provision— (a) as respects different descriptions of vehicle; (b) as respects the same description of vehicle in different circumstances. (6) Before making regulations under this section, the Secretary of State must consult— (a) the Welsh Ministers; (b) the Scottish Ministers. (181B) (1) The Secretary of State may by regulations make provision for securing that the provisions of regulations under section 181A do not apply or apply subject to such modifications or exceptions as the regulations may specify to— (a) public service vehicles of a prescribed description; (b) operators of a prescribed description; (c) local services of a prescribed description. (2) Regulations under subsection (1)(b) may, in particular, make provision by reference to an operator's size. (3) Regulations under this section may also make provision for securing that the provisions of regulations under section 181A do not apply or apply subject to such modifications or exceptions as the regulations may specify to— (a) a prescribed public service vehicle; (b) public service vehicles of a prescribed operator; (c) a prescribed local service. (4) Regulations under subsection (1) or (3) may make the provision subject to such restrictions and conditions as are specified in the regulations. (5) Regulations under subsection (1) or (3) may specify the period for which provisions of those regulations are to have effect. (6) Regulations under subsection (1) may make different provision for different areas. (7) Section 207(2) does not require regulations under this section that apply only to— (a) a prescribed public service vehicle, (b) public service vehicles of a prescribed operator, or (c) a prescribed local service, to be made by statutory instrument; but such regulations are as capable of being amended or revoked as regulations made by statutory instrument. (8) Before making regulations under this section, the Secretary of State must consult— (a) the Welsh Ministers; (b) the Scottish Ministers. (181C) (1) The Secretary of State must issue guidance about the duties imposed on operators of local services by regulations under section 181A. (2) The Secretary of State— (a) must review the guidance issued under subsection (1), at intervals not exceeding five years, and (b) may revise it. (3) Before issuing the guidance or revising it in a way which would, in the opinion of the Secretary of State, result in a substantial change to it, the Secretary of State must consult— (a) the Welsh Ministers, (b) the Scottish Ministers, (c) the Passengers' Council, (d) such organisations representing disabled persons, including the Disabled Persons Transport Advisory Committee and the committee established under section 72 of the Transport (Scotland) Act 2001, as the Secretary of State thinks fit, (e) such organisations representing operators of local services as the Secretary of State thinks fit, and (f) such other persons as the Secretary of State thinks fit. (4) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate. (181D) (1) In this Chapter— - “local service” has the same meaning as in the Transport Act 1985; - “public service vehicle” means a vehicle that is a public service vehicle for the purposes of the Public Passenger Vehicles Act 1981; - “stopping place” has the same meaning as in the Transport Act 1985. (2) For the purposes of this Chapter, a local service (“service A”) is a connecting local service in relation to another local service (“service B”) if service A has a stopping place at, or in the vicinity of, a stopping place of service B. (3) References in this Chapter to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the Transport Act 1985.

• (2) In section 207 of that Act (exercise of power to make orders and regulations), in subsection (5), after “174(4)” insert “ , 181A(5), 181B(6) ”.

• (3) In section 208 of that Act (procedure for orders and regulations), in subsection (5) (statutory instruments subject to affirmative procedure), after paragraph (f) insert—

(fa) regulations under section 181A or 181B (information for bus passengers);

.

• (4) In section 26 of the Transport Act 1985 (conditions attached to PSV operators' licence), in subsection (1), after paragraph (bb) insert—

(bc) the operator has failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010;

.

• (5) In section 155 of the Transport Act 2000 (sanctions), after subsection (1ZD) (inserted by Schedule 4), insert—

(1ZE) Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse, failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

• (6) In section 39 of the Transport (Scotland) Act 2001 (penalties), in subsection (1)—

• (a) omit the “or” following paragraph (b);

• (b) after paragraph (c) insert

; or (d) failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010,

.

Information about English bus services

Power to require provision of information about English bus services

18

• (1) After section 141 of the Transport Act 2000 insert—

(141A) (1) The Secretary of State may by regulations require— (a) applicants for the registration of relevant local services, or for the variation or cancellation of any such registration, to provide prescribed information— (i) in relation to the services, or (ii) in connection with the application; (b) operators of registered relevant local services to provide prescribed information in relation to the services; (c) local transport authorities to provide prescribed information in relation to relevant local services which have one or more stopping places in their areas; (d) traffic commissioners to provide prescribed information that is held by them in relation to relevant local services. (2) The information that may be prescribed is such information within subsection (3) as appears to the Secretary of State to be required— (a) in order to make information about relevant local services available to users or prospective users of those services, or (b) in order to facilitate the exercise of functions relating to the registration of relevant local services. (3) The information within this subsection is— (a) information about routes, stopping places, timetables, fares and tickets, (b) information about changes or proposed changes to routes, stopping places, timetables, fares and tickets, and (c) information about the operation of the services. (4) The information within subsection (3)(c) includes— (a) live information, that is to say information provided immediately it becomes available about the location of vehicles operating the services and the time at which they stop, or are expected to stop, at stopping places, and (b) information about the operation of the services in the past. (5) The regulations may make provision about— (a) the person to whom the information is to be provided, (b) the time when it is to be provided, and (c) the manner and form in which it is to be provided (including, in particular, provision requiring it to be provided electronically). (6) The provision made under subsection (5)(a) may not require the information to be provided to a person other than— (a) the Secretary of State; (b) a local transport authority whose area is in England; (c) a person prescribed in the regulations, being a person who provides or facilitates the provision of, or is to provide or facilitate the provision of, information about relevant local services to users or prospective users of those services. (7) The regulations may provide that a reference in the regulations to a standard according to which the information is to be provided is to be construed as a reference to that standard as it has effect from time to time. (8) The regulations may make provision as to the use and disclosure of the information, including— (a) provision for the information to be made available free of charge and without restrictions on its use and disclosure, and (b) provision for information provided in connection with an application for registration, or for the variation or cancellation of a registration, to be provided to a traffic commissioner. (9) The regulations may make different provision for different areas. (10) Before making regulations under this section the Secretary of State must consult— (a) such persons or organisations as appear to the Secretary of State to represent the interests of operators and users of relevant local services, (b) such persons or organisations as appear to the Secretary of State to represent the interests of local transport authorities whose areas are in England, and (c) such other persons or organisations as the Secretary of State considers appropriate. (11) The references to traffic commissioners in subsections (1)(d) and (8)(b) are to be read as including references to any local transport authority carrying out the functions of a traffic commissioner in accordance with section 6G of the Transport Act 1985. (12) In this section— (a) “relevant local service” means a local service which has one or more stopping places in the relevant area, (b) references to registration, in relation to a relevant local service, are to registration under section 6 of the Transport Act 1985, (c) “prescribed” means prescribed by regulations under this section, and (d) “relevant area” means England outside Greater London. (13) Where a local service is or is to be provided both inside and outside the relevant area, any part of the service which is or is to be provided outside the relevant area is to be treated as a separate service for the purposes of subsection (12)(a) if there is any stopping place for that part of the service outside the relevant area.

• (2) In section 155(1)(c) of that Act (sanctions), at the end insert “ or with regulations under section 141A of this Act ”.

• (3) In section 160 of that Act (regulations and orders under Part 2)—

• (a) in subsection (2), after “138F(10), 138G(9)” (inserted by Schedule 4 to this Act) insert “ or 141A(1) or ”;

• (b) in subsection (2A) (inserted by Schedule 2 to this Act), after “138F(10), 138G(9)” (inserted by Schedule 4 to this Act) insert “ or 141A(1) ”.

• (4) In section 6 of the Transport Act 1985 (registration), at the end of subsection (9)(e) insert “ (or, if the applicant is subject to requirements imposed by regulations made by virtue of section 141A(1)(a) of the Transport Act 2000, complies with those requirements) ”.

Registration of bus services

Variation or cancellation of registration: service information

19

• (1) After section 6B of the Transport Act 1985 insert—

(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.

• (2) In section 155(1) of the Transport Act 2000 (sanctions), after paragraph (aa) insert—

(ab) failed to comply with a requirement to provide information imposed by virtue of section 6C of that Act,

.

Rail replacement bus services

20

• (1) In section 6 of the Transport Act 1985 (registration of local services), in subsection (1), after “(1A)” insert “ or (1D) ”.

• (2) After subsection (1C) of that section insert—

(1D) A service falls within this subsection if— (a) it has one or more stopping places in England, and (b) it is provided under an agreement entered into, where a railway service has been temporarily interrupted, with the person who usually provides the railway service. (1E) Where a service is provided both inside and outside England, any part of the service which is provided outside England is to be treated as a separate service for the purposes of subsection (1D) if there is any stopping place for that part of the service outside England.

• (3) In section 179 of the Greater London Authority Act 1999 (London local services), for subsection (3) substitute—

(3) The following are not London local services for the purposes of this Act— (a) a service provided in pursuance of an agreement with the Secretary of State entered into under section 40 of the Railways Act 2005 (substitution services provided for interrupted or discontinued railway services); (b) a service provided under an agreement entered into, where a railway service has been temporarily interrupted, with the person who usually provides the railway service.

Registration of English local services: fees where functions contracted out

21

After section 6I of the Transport Act 1985 (inserted by section 14) insert—

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

Bus companies: authorities in England

Bus companies: limitation of powers of authorities in England

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

Power to make consequential provision

23

• (1) The Secretary of State may by regulations make such provision as appears to the Secretary of State to be appropriate in consequence of any provision made by or under this Act.

• (2) The power conferred by subsection (1) includes power to amend, repeal, revoke or otherwise modify—

• (a) an Act passed before or in the same Session as this Act, or

• (b) an instrument made under an Act before the regulations come into force.

• (3) Regulations under this section must be made by statutory instrument.

• (4) A statutory instrument which contains (whether alone or with other provision) regulations under this section that amend or repeal a provision of an Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (5) A statutory instrument which contains any other regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Power to make transitional, transitory or saving provision

24

• (1) The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

• (2) The regulations may in particular make provision about ticketing schemes under section 135 of the Transport Act 2000 relating to areas in England that exist immediately before the day on which section 7 of this Act comes into force.

• (3) The regulations may include provision for treating such ticketing schemes as made under section 134C of the Transport Act 2000 (inserted by section 7 of this Act).

• (4) Regulations under this section must be made by statutory instrument.

• (5) A statutory instrument which contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Extent

25

• (1) This Act extends to England and Wales only, subject to the following subsections.

• (2) Section 17(1) to (4) extend to England and Wales and Scotland.

• (3) Section 17(6) extends to Scotland only.

• (4) Sections 23 to 27 extend to England and Wales and Scotland.

Commencement

26

• (1) The following come into force on the day on which this Act is passed—

• (a) section 23;

• (b) section 24;

• (c) section 25;

• (d) this section;

• (e) section 27.

• (2) Section 17 comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

• (3) The remaining provisions of this Act—

• (a) come into force, for the purposes of making regulations or orders, on the day on which this Act is passed, and

• (b) come into force, for remaining purposes, at the end of the period of two months beginning with the day on which this Act is passed.

Short title

27

This Act may be cited as the Bus Services Act 2017.

SCHEDULE 1

Transport Act 1985 (c. 67)

1

The Transport Act 1985 is amended as follows.

2

• (1) Section 6 (registration of local services) is amended as follows.

• (2) In subsection (2A), in paragraph (a)—

• (a) after “section” insert “ 113D(1) or ”;

• (b) for “(quality” substitute “ (advanced quality partnership schemes and quality ”.

3

• (1) Section 6A (applications for registration where restrictions are in force) is amended as follows.

• (2) In subsection (1), in paragraph (a)—

• (a) after “section” insert “ 113D(1) or ”;

• (b) after “case of” insert “ an advanced quality partnership scheme or ”.

• (3) In subsection (8), in paragraph (c), after “section” insert “ 113J(4) or (5) or ”.

• (4) In subsection (12)—

• (a) at the appropriate place insert—

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

;

• (b) for the definition of “registration criteria” substitute—

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

;

• (c) in the definition of “relevant operator”, in paragraph (a), after “section” insert “ 113J(4) or (5) or ”.

4

In section 26 (conditions attached to a PSV operator's licence), in subsection (1), in paragraph (b), after “section or section” insert “ 113J(4) or (5), ”.

5

In section 82 (bus stations: restrictions on discriminatory practices, etc), in subsection (4A), in the words before paragraph (a), after “to” insert “ an advanced quality partnership scheme or ”.

Transport Act 2000 (c. 38)

6

The Transport Act 2000 (as amended by the Local Transport Act 2008) is amended as follows.

7

• (1) Section 114 (quality partnership schemes) is amended as follows.

• (2) In subsection (1), at the end insert “(but this is subject to subsection (1A)).

• (3) After subsection (1) insert—

(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.

8

• (1) Section 153 (competition test: functions and agreements relating to buses) is amended as follows.

• (2) In subsection (1), in paragraph (a), after “to” insert “ advanced quality partnership schemes, ”.

• (3) In subsection (3), in the definition of “voluntary agreement”, after “under” insert “ sections 113C to 113O (advanced quality partnership schemes), or under ”.

9

In section 155 (sanctions), in subsection (1), in paragraph (b), after “section”, in the second place it occurs, insert “ 113J(4) or (5), ”.

10

In section 162 (interpretation of Part 2), in subsection (1), at the appropriate place insert—

“advanced quality partnership scheme” is to be construed in accordance with section 113C(2),

.

11

• (1) Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.

• (2) In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—

• (a) in sub-paragraph (1), before paragraph (a) insert—

(za) making and varying advanced quality partnership schemes,

;

• (b) in sub-paragraph (2), before paragraph (a) insert—

(za) in the case of the function of making or varying an advanced quality partnership scheme, once notice of a proposal to make or vary it has been given under section 113G(1),

.

• (3) In paragraph 12 (enforcement of decisions of Competition and Markets Authority), in sub-paragraph (2)(b), after “varying” insert “ an advanced quality partnership scheme, ”.

• (4) In paragraph 17 (interpretation of Part 2 of Schedule 10), in sub-paragraph (5)(c), at the beginning insert “ an advanced quality partnership scheme, ”.

SCHEDULE 2

Transport Act 1985 (c. 67)

1

The Transport Act 1985 is amended as follows.

2

In section 6 (registration of local services)—

• (a) in subsection (2B) (registration in quality contract scheme cases), in paragraph (a), after “force” insert “ in relation to an area in Wales ”;

• (b) in subsection (7A) (variation of registration in quality contract scheme cases), in paragraph (a), after “force” insert “ in relation to an area in Wales ”.

3

• (1) Section 26 (conditions attached to a PSV operator's licence) is amended as follows.

• (2) In subsection (1) (circumstances in which conditions may be imposed), in paragraph (b), after “118(4)” insert “ , 123J(3) ”.

• (3) In subsection (1)(bza), after “section” insert “ 123X(7)(c), ”.

• (4) In subsection (1), after paragraph (ba) (and the “or” following it) insert—

(baa) the operator has failed to take all reasonable steps to comply with a requirement imposed under section 143A of the Transport Act 2000; or”.

4

In section 66 (powers of councils to run bus undertakings), in subsection (1), for “and to section” substitute “ and to sections 123O and ”.

Transport Act 2000 (c. 38)

5

The Transport Act 2000 (as amended by the Local Transport Act 2008) is amended as follows.

6

In the heading preceding section 124, after “schemes” insert “ in Wales ”.

7

• (1) Section 124 (quality contracts schemes) is amended as follows.

• (2) In subsection (1), after “authority”, in the first place it occurs, insert “ for an area in Wales ”.

• (3) Omit subsections (1A) and (1B).

• (4) In subsection (2)—

• (a) at the end of paragraph (a), insert “ and ”;

• (b) in paragraph (b), omit “in the case of a scheme for an area in Wales,”;

• (c) omit paragraph (c) and the “and” preceding it.

• (5) Omit subsection (2A).

• (6) In subsection (9)—

• (a) after “authority”, in the first place it occurs, insert “ for an area in Wales ”;

• (b) after “another” insert “ such ”.

• (7) Omit subsection (9A).

• (8) Omit subsections (11) to (13).

8

In section 125 (notice and consultation requirements)—

• (a) in subsection (1)—

• (i) at the end of paragraph (b), insert “ and ”;

• (ii) omit paragraph (d) and the “and” preceding it;

• (b) in subsection (1A)(b), omit “or, as the case may be, (1A)”;

• (c) in subsection (3)(e), omit “if the proposed scheme relates to an area in Wales,”.

9

In section 126 (approval of proposed schemes for areas in Wales), omit subsection (A1).

10

Omit sections 126A to 126E (QCS boards for schemes for areas in England).

11

In section 127 (making of scheme)—

• (a) in subsection (1), omit paragraph (a);

• (b) in subsection (1)(b), omit “in the case of a scheme for an area in Wales,”;

• (c) omit subsection (1A);

• (d) in subsection (1B), omit paragraph (a) and the “and” following it;

• (e) in subsection (10), omit “(1A),”.

12

Omit sections 127A and 127B (appeals: schemes for areas in England).

13

In section 131A (continuation of schemes for further periods)—

• (a) in subsection (2)—

• (i) in paragraph (a), omit “, if the scheme is for an area in Wales, or”;

• (ii) omit paragraph (b);

• (b) omit subsection (4);

• (c) in subsection (5)—

• (i) in paragraph (b), omit “or, as the case may be, paragraphs (b) to (d) of section 124(1A)”;

• (ii) in paragraph (c), omit “or, as the case may be, (1A)”.

14

Omit section 131C (continuation of schemes for areas in England: procedure).

15

In section 131E (appeals where proposed continuation considered exempt), in subsection (13), omit the words from “If” to “Wales,”.

16

Omit section 131F (appeals where proposed continuation considered non-exempt).

17

In section 132 (variation or revocation of scheme)—

• (a) in subsection (2), omit “or those set out in subsection (1A)(a) to (d) of that section”;

• (b) in subsection (4A), omit paragraph (b);

• (c) in subsection (5), omit paragraphs (a) to (c) and the “or” following paragraph (c);

• (d) omit subsections (6) to (8).

18

In section 132A (appeals where proposed variation considered exempt), in subsection (12), omit the words from “If” to “Wales,”.

19

In section 132B (exemption from section 132 for specific variations directed by Tribunal), omit subsection (1)(a).

20

In section 133 (regulations about schemes)—

• (a) in subsection (1)(b), omit “for areas in Wales”;

• (b) omit subsection (1)(bb) and (bc);

• (c) in subsection (2)(e), omit “for areas in Wales”;

• (d) omit subsection (2)(ef) to (ei);

• (e) omit subsection (3)(a);

• (f) omit subsection (4)(b).

21

• (1) Section 155 (sanctions imposed by traffic commissioners) is amended as follows.

• (2) In subsection (1) (when sanctions may be imposed), in paragraph (ba), after “section” insert “ 123X(7)(c), ”.

• (3) After subsection (1) insert—

(1ZA) Where a traffic commissioner is satisfied that— (a) a person has operated a local service in contravention of section 123J(3) of this Act, and (b) in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 123J(3) of this Act, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

• (4) After subsection (1ZB) (inserted by Schedule 4) insert—

(1ZC) Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143A of this Act, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

22

• (1) Section 160 (regulations and orders under Part 2) is amended as follows.

• (2) In subsection (2), after “than” insert “ regulations under section 123A(4) ”.

• (3) After subsection (2) insert—

(2A) A statutory instrument containing regulations under section 123A(4) shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

23

• (1) Section 162 (interpretation of Part 2) is amended as follows.

• (2) In subsection (1) (specific terms), at the appropriate place insert—

“effective time”, in relation to a local service contract, has the meaning given by section 123J(7),

;

“franchising authority” has the meaning given by section 123A(4),

;

“franchising scheme” is to be construed in accordance with section 123A(3),

;

“interim service” has the meaning given by section 123O,

;

“local service contract” has the meaning given by section 123A(5),

;

“mayoral combined authority” has the meaning given by section 107A of the Local Democracy, Economic Development and Construction Act 2009,

;

“scheme sub-area” has the meaning given by section 123H,

;

“service permit” has the meaning given by section 123P,

.

• (3) In subsection (1), in the definition of “appropriate national authority”, omit paragraph (a) (meaning for schemes relating to areas in England).

• (4) In subsection (1), omit the definition of “QCS board”.

• (5) In subsection (4) (interpretation of references to Integrated Transport Authorities), omit the following entries— “ section 124(4)(a), (5) and (7), ”; “ section 127(3A), ”; “ section 127A(7), ”; “ section 130, ”; “ section 131, ”; “ section 132C, ”; “ section 132D, ”.

Local Transport Act 2008 (c. 26)

24

The Local Transport Act 2008 is amended as follows.

25

Omit sections 22 to 25 (QCS boards in England).

26

Omit section 27 (appeals against making of quality contract schemes in England).

27

Omit section 33 (continuation of quality contract schemes for areas in England).

28

Omit section 36 (appeals where proposed continuation of scheme considered non-exempt).

SCHEDULE 3

Transport Act 1985 (c. 67)

1

The Transport Act 1985 is amended as follows.

2

In section 26 (conditions attached to a PSV operator's licence), in subsection (1)(ba), after “section” insert “ 134F, ”.

Transport Act 2000 (c. 38)

3

The Transport Act 2000 (as amended by the Local Transport Act 2008) is amended as follows.

4

• (1) Section 135 (joint and through ticketing schemes) is amended as follows.

• (2) In subsection (1), at the end insert—

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

• (3) After subsection (1) insert—

(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.

5

In section 153 (competition test: functions and agreements relating to buses), in subsection (1)(a), after “partnership schemes,” insert “ advanced ticketing schemes, ”.

6

In section 155 (sanctions), in subsection (1)(c), after “section” insert “ 134F, ”.

7

• (1) Section 162 (interpretation of Part 2) is amended as follows.

• (2) In subsection (1), in the definition of “connecting rail or tram service” for “service”” substitute

“service”— (a) in relation to an advanced ticketing scheme, has the meaning given by section 134C(3), and (b) in relation to a ticketing scheme,

.

• (3) In subsection (1), at the appropriate place insert—

“advanced ticketing scheme” is to be construed in accordance with section 134C(3),

.

8

• (1) Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.

• (2) In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—

• (a) in sub-paragraph (1), after paragraph (a) insert—

(aa) making and varying advanced ticketing schemes,

;

• (b) in sub-paragraph (2), after paragraph (a) insert—

(aa) in the case of the function of making or varying an advanced ticketing scheme, once notice of a proposal to make or vary it has been given under section 134D(1),

.

• (3) In paragraph 12 (enforcement of decisions of Competition and Markets Authority), in sub-paragraph (2)(b), after “partnership scheme” insert “ , an advanced ticketing scheme ”.

SCHEDULE 4

Transport Act 1985 (c. 67)

1

The Transport Act 1985 is amended as follows.

2

• (1) Section 7 (application of traffic regulation conditions to services registered under section 6) is amended as follows.

• (2) After subsection (3) insert—

(3A) Traffic regulation conditions may not be expressed to apply to an area to which an enhanced partnership scheme under section 138A of the Transport Act 2000 relates.

• (3) After subsection (14) insert—

(14A) Where an enhanced partnership scheme under section 138A of the Transport Act 2000 comes into operation as regards an area, any traffic regulation condition expressed to apply in an area that consists of or includes the area to which the scheme relates ceases at that time to apply in the area to which the scheme relates. (14B) A traffic commissioner may accordingly vary or revoke a traffic regulation condition (without a request being made).

3

• (1) Section 26 (conditions attached to a PSV operator's licence) is amended as follows.

• (2) In subsection (1) (when conditions may be attached), in paragraph (b), for “or 129(1)(b)” substitute “ , 129(1)(b) or 138J(9) ”.

• (3) In subsection (1)(bza), after “134B(7)(c)” insert “ or 138S(7)(c) ”.

• (4) In subsection (1)(baa) (inserted by Schedule 2), after “143A” insert “ or 143B ”.

Transport Act 2000 (c. 38)

4

The Transport Act 2000 (as amended by the Local Transport Act 2008) is amended as follows.

5

In section 153 (competition test: functions and agreements relating to buses), in subsection (1)(a) (applying tests in relation to the exercise of functions relating to quality partnership schemes, etc), after “ticketing schemes” insert “ , enhanced partnership schemes ”.

6

• (1) Section 155 (sanctions relating to Part 2 of the Act) is amended as follows.

• (2) In subsection (1)(b), for “or 129(1)(b)” substitute “ , 129(1)(b) or 138J(9) ”.

• (3) In subsection (1)(ba), after “134B(7)(c)” insert “ or 138S(7)(c) ”.

• (4) After subsection (1ZA) (inserted by Schedule 2) insert—

(1ZB) Where a traffic commissioner is satisfied that— (a) a person has operated a local service in contravention of section 138J(9) of this Act, and (b) in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 138J(9) of this Act, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

• (5) After subsection (1ZC) (inserted by Schedule 2) insert—

(1ZD) Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143B the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).

7

• (1) Section 160 (regulations and orders under Part 2) is amended as follows.

• (2) In subsection (2), after “regulations under section 123A(4)” (inserted by Schedule 2 to this Act) insert “ , 138F(10), 138G(9) ”.

• (3) In subsection (2A) (inserted by Schedule 2 to this Act), after “regulations under section 123A(4)” insert “ , 138F(10), 138G(9) ”.

8

In section 162 (interpretation of Part 2 of the Act), in subsection (1), at the appropriate place insert—

“enhanced partnership plan” and “enhanced partnership scheme” have the meaning given by section 138A,

.

9

• (1) Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.

• (2) In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—

• (a) after sub-paragraph (1)(b) (and before the “and”) insert—

(ba) making and varying enhanced partnership schemes,

;

• (b) after sub-paragraph (2)(b) (and before the “and”) insert—

(ba) in the case of the function of making or varying an enhanced partnership scheme, once notice of a proposal to make or vary it has been given under section 138F(1) or 138L(1),

.

• (3) In paragraph 12 (enforcement of decisions of Competition and Markets Authority), in sub-paragraph (2)(b), for “or a ticketing scheme” substitute “ , a ticketing scheme or an enhanced partnership scheme ”.

• (4) In paragraph 17 (interpretation of Part 2 of Schedule 10), in sub-paragraph (5)(c), after “scheme” insert “ , an enhanced partnership scheme ”.

Advanced quality partnership schemes

Power to obtain information about local services

Information about local services

Cancellation of registration etc

Traffic commissioner functions

Information for bus passengers

Power to require provision of information about English bus services

Variation or cancellation of registration: service information

Registration of English local services: fees where functions contracted out

Transport Act 1985 (c. 67)

Transport Act 2000 (c. 38)

Transport Act 1985 (c. 67)

Transport Act 2000 (c. 38)

Local Transport Act 2008 (c. 26)

Transport Act 1985 (c. 67)

Transport Act 2000 (c. 38)

Transport Act 1985 (c. 67)

Transport Act 2000 (c. 38)

Editorial notes