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(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) 5measures 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) 10In 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) 15it 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
20by 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
25under 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) 30it 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

17 Information for bus passengers

(1) 35After section 181 of the Equality Act 2010 insert—

“CHAPTER 2A Bus services

181A Information for bus passengers

(1) The Secretary of State may, for the purpose of facilitating travel by
disabled persons, make regulations requiring operators of local
40services to make available information about a local service to persons
travelling on the service.

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(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
5to 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) 10connecting 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
15made 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
20prescribed 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) 25as 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) 30the Scottish Ministers.

181B Exemptions etc

(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
35may 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
40by 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) 45a prescribed public service vehicle;

(b) public service vehicles of a prescribed operator;

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(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
5which 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) 10a 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
15instrument.

(8) Before making regulations under this section, the Secretary of State
must consult—

(a) the Welsh Ministers;

(b) the Scottish Ministers.

181C 20Guidance

(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
25intervals 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) 30the 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
35committee 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) 40The 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 Interpretation

(1) In this Chapter—

  • 45“local service” has the same meaning as in the Transport Act 1985;

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  • “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
    51985.

(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) 10References 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) 15In 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) 20In 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)
25(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
30subsection (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) 35failed to comply with a requirement of regulations made
under section 181A of the Equality Act 2010,”.

Information about English bus services

18 Power to require provision of information about English bus services

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

141A 40 Power to require provision of information about English bus services

(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—

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(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) 5local transport authorities to provide prescribed information in
relation to relevant local services—

(i) provided under local service contracts entered into by
them (see section 123A(5));

(ii) provided by them under section 123O(2) (interim
10services);

(iii) provided under service permits granted by them (see
section 123P);

(d) traffic commissioners to provide prescribed information that is
held by them in relation to relevant local services.

(2) 15The 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
20registration of relevant local services.

(3) The information within this subsection is—

(a) information about routes, timetables, fares and tickets,

(b) information about changes or proposed changes to routes,
timetables, fares and tickets, and

(c) 25information 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
30expected 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) 35the 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) 40a 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) 45The 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.

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(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) 5provision 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
10must 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
15to 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)
20are 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
25more 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) 30“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
35of 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
40this 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
45regulations made by virtue of section 141A(1)(a) of the Transport Act 2000,
complies with those requirements)”.

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Registration of bus services

19 Variation or cancellation of registration: service information

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

6C Variation or cancellation of registration: service information

(1) 5Regulations 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
10cancel 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) 15The 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) 20make 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
25traffic 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
30further 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) 35make supplementary, incidental, consequential or transitional
provision.”

(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
40imposed by virtue of section 6C of that Act,”.

20 Rail replacement bus services

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

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(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
5service 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
10stopping 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) 15a 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
20railway service has been temporarily interrupted, with the
person who usually provides the railway service.”

21 Registration of English local services: fees where functions contracted out

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

6J Contracting out of registration functions: fees

(1) 25Regulations 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
30a 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
35the 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) 40specify 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) 45who must pay the fees and at what times, and

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(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
5which 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
10commissioner, 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
15respect 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
    20an 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).”

25General

22 Power to make consequential provision

(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) 30The 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) 35Regulations 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) 40A statutory instrument which contains any other regulations under this section
is subject to annulment in pursuance of a resolution of either House of
Parliament.

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23 Power to make transitional, transitory or saving provision

(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) 5The 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
10made 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.

24 15Extent

(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) 20Sections 22 to 26 extend to England and Wales and Scotland.

25 Commencement

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

(a) section 22;

(b) section 23;

(c) 25section 24;

(d) this section;

(e) section 26.

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

(3) 30The 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.

26 35Short title

(1) This Act may be cited as the Bus Services Act 2016.

(2) Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
40application of any money raised by any such charge.