Bus Services Bill (HC Bill 158)

Advanced quality partnership schemes

1 Advanced quality partnership schemes

In Part 2 of the Transport Act 2000 (local transport), after section 113B insert—

““Bus services: advanced quality partnership schemes

113C 5Advanced quality partnership schemes

(1) A local transport authority whose area is in England, or two or more
such authorities acting jointly, may make an advanced quality
partnership scheme if they are satisfied that the scheme will contribute
to the implementation of their local transport policies.

(2) 10An advanced quality partnership scheme is—

(a) a scheme falling within subsection (3) or (4), or

(b) a scheme falling within both subsection (3) and subsection (4).

(3) A scheme falls within this subsection if it is a scheme under which—

(a) the authority or authorities provide particular facilities in the
15whole or part of their area, or combined area, and

(b) operators of local services who wish to use those facilities must
undertake to provide local services of a particular standard
when using them.

(4) A scheme falls within this subsection if it is a scheme under which—

(a) the authority or authorities take particular measures in relation
to routes in the whole or part of their area, or combined area,
that are served, or proposed to be served, by local services, and

(b) operators of local services who wish to provide local services
5with stopping places on those routes must undertake to provide
local services of a particular standard when providing such
local services on those routes.

(5) A scheme may not be made unless the authority or authorities are
satisfied that—

(a) 10the steps to be taken by the authority or authorities under the
scheme, and

(b) the provision of local services of the standard or standards
required by undertakings given under the scheme,

are likely to achieve one or more of the outcomes described in
15subsection (6) in relation to the whole or part of their area, or combined
area.

(6) The outcomes mentioned in subsection (5) are—

(a) an improvement in the quality of local services that benefits
persons using those services;

(b) 20a reduction or limitation of traffic congestion, noise or air
pollution;

(c) an increase in the use of local services or an end to, or a
reduction in, a decline in the use of local services.

(7) An advanced quality partnership scheme may not be made unless the
25authority or authorities have complied with the notice and consultation
requirements imposed by section 113G.

(8) The power to make an advanced quality partnership scheme includes
power to provide for—

(a) different facilities to be provided under the scheme,

(b) 30different measures to be taken under the scheme, or

(c) different standards of services to be provided under the
scheme,

as from different dates after the scheme comes into operation.

(9) An advanced quality partnership scheme must include a description of
35the authority’s or authorities’ plans for consulting such organisations
appearing to the authority or authorities to be representative of users of
local services as they think fit in order to seek their views on how well
the scheme is working.

(10) In carrying out their functions under this Part in relation to advanced
40quality partnership schemes, local transport authorities whose areas
are in England must co-operate with one another.

(11) In considering whether to make an advanced quality partnership
scheme, a local transport authority must have regard to the desirability,
in appropriate cases, of making a scheme jointly with another such
45authority.

113D Advanced quality partnership schemes: registration restrictions

(1) If the authority or authorities making an advanced quality partnership
scheme consider that it is necessary or expedient for any restrictions to
be imposed on the registration of—

(a) 5any 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.

(2) Any restrictions so imposed must be for the purpose of preventing or
10restricting—

(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
15might be detrimental to the provision of services under the scheme.

(3) Where a scheme includes any registration restrictions by virtue of
subsection (1), 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.

(4) 20In this section “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
25registration.

113E Advanced quality partnership schemes: facilities, measures and
standards

(1) The facilities which may be specified in an advanced quality
partnership scheme—

(a) 30must 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
35result of section 139 or 140.

(2) The measures which may be specified in a scheme—

(a) must be measures taken for the purpose of—

(i) increasing the use of local services serving the routes to
which the measures relate or ending or reducing a
40decline in the use of such services, or

(ii) improving the quality of local services serving the
routes to which the measures relate, but

(b) may not include the provision of—

(i) facilities falling within subsection (1)(a), or

(ii) 45facilities which are required to be provided as a result of
section 139 or 140.

(3) The Secretary of State may by regulations make further provision about
the measures which may or may not be specified in a scheme.

(4) The standard of services which may be specified in a scheme includes—

(a) requirements which the vehicles being used to provide the
5services must meet, including requirements about emissions or
types of fuel or power, 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.

(5) 10The standard of services which may be specified in a scheme may also
include—

(a) 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,

(b) 15requirements as to the ways in which passengers may pay for
journeys,

(c) requirements about providing information to the public about
local services or particular descriptions of local services, and

(d) requirements as to the publicising of local services, fares or
20ticketing arrangements or particular descriptions of local
services, fares or ticketing arrangements.

(6) Requirements under subsection (5)(b), (c) and (d) may include
requirements for operators of local services to co-operate with one
another.

(7) 25A scheme may include a requirement falling within subsection (4)(b) or
(5)(a) only if there are no admissible objections to the requirement from
relevant operators.

(8) A scheme may include a requirement falling within subsection (4)(a) or
(5)(b) that relates to an undertaking that would fall to be given under
30section 113C(4)(b) only if there are no admissible objections to the
requirement from relevant operators.

(9) Section 113N(3) to (8) makes further provision with respect to schemes
which include the requirements referred to in subsections (7) and (8).

113F Advanced quality partnership schemes: traffic regulation orders

(1) 35If the provision of any of the facilities or taking of any of the measures
specified in an advanced quality partnership scheme 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 is the traffic authority), the scheme may not be made unless it is
40made by—

(a) the local transport authority or authorities, and

(b) the metropolitan district council for the district,

acting jointly.

(2) If the provision of any of the facilities or taking of any of the measures
45specified in an advanced quality partnership scheme requires the
making of a traffic regulation order in respect of a road for which the

Secretary of State 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,

5acting jointly.

(3) Where subsection (1) or (2) applies so that a metropolitan district
council or the Secretary of State is a maker of the scheme, then (subject
to section 113M) the relevant references to the authority or authorities
include (as well as the local transport authority or authorities)—

(a) 10the metropolitan district council, or

(b) the Secretary of State.

(4) For the purpose of subsection (3) the relevant references are those in—

(a) section 113C(3), (4), (5)(a) and (7), and

(b) sections 113G to 113L,

15and paragraph 27(2A) of Schedule 9 to the Road Traffic Regulation Act
1984.

113G Notice and consultation requirements

(1) If an authority or authorities propose to make an advanced quality
partnership scheme, they must give notice of the proposed scheme in
20such manner as they consider appropriate for drawing it to the
attention of persons in the area to which it relates.

(2) The notice must either contain full details of—

(a) any facilities specified in the scheme,

(b) any measures specified in the scheme,

(c) 25the standards of services specified in the scheme,

(d) any registration restrictions and registration criteria specified in
the scheme, and

(e) the plans described in the scheme for consulting in order to seek
views on how well the scheme is working,

30or 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) 35such 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) 40a traffic commissioner,

(e) the chief officer of police for each police area covering the whole
or part of that area,

(f) the Passengers’ Council,

(g) the Competition and Markets Authority, and

(h) 45such 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) National Park authorities,

(d) the Broads Authority,

(e) 5London transport authorities, and

(f) councils in Scotland.

113H Making of scheme

(1) If, after taking the steps described in section 113G, an authority or
authorities decide that it is appropriate to make the advanced quality
10partnership scheme, they may make it as proposed or with
modifications.

(2) The scheme must specify each of the following—

(a) any facilities to be provided under it by the authority or
authorities,

(b) 15any measures to be taken under it by the authority or authorities
and the routes to which they relate,

(c) the standards of services to be provided under it by operators of
local services in accordance with their undertakings given in
relation to facilities or measures to be provided or taken under
20the scheme,

(d) any registration restrictions imposed by it and any registration
criteria specified in it,

(e) the date on which it is to come into operation,

(f) the period for which it is to remain in operation, which must not
25be less than five years, and

(g) if—

(i) any facilities are to be provided under the scheme,

(ii) any measures are to be taken under the scheme, or

(iii) any standards of services are to be provided under the
30scheme,

as from a date after the scheme comes into operation, the date
as from which they are to be so provided or taken.

(3) The scheme may provide that—

(a) local services specified in it, or

(b) 35local 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 are to be provided, any
particular measures are to be taken, or any services of a particular
40standard are to be provided, must not be earlier than—

(a) in the case of facilities or measures, the latest of dates A to C (see
subsections (6) to (8)), and

(b) in the case of services, the later of dates A and D (see subsections
(6) and (9)),

45unless the case falls within subsection (5).

(5) If under the scheme—

(a) particular facilities are to be provided or particular measures
are to be taken by the authority or authorities, and

(b) as from the date by which the facilities are to be provided or the
measures are to be taken, services of a particular standard are to
5be provided by operators of local services when using the
facilities or when providing local services with stopping places
on routes to which the measures relate,

the date as from which the facilities are to be provided or the measures
are to be taken (and as from which the services are to be provided) must
10not be earlier than the latest of dates A to D.

(6) Date A is the date 3 months after the date on which the scheme is made.

(7) 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 or take the measures.

(8) 15Date 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 or taking of any of the measures
is made, or

(b) if more than one such order is required for the provision of the
20facilities or the taking of the measures, the date on which the
last of them is made.

(9) 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.

(10) 25Not later than 14 days after the date on which the scheme is made, the
authority or authorities must give notice of the making of the scheme—

(a) in such manner as they consider appropriate for drawing it to
the attention of persons in the area to which it relates,

(b) to all operators of local services who would, in their opinion, be
30affected by the scheme, and

(c) to a traffic commissioner.

(11) The notice must—

(a) either contain full details of the scheme or state where such
details may be inspected, and

(b) 35if the scheme made is a modified version of that proposed, state
that fact.

113I Postponement of scheme or of provision of particular facilities, taking
of particular measures or provision of particular standards of service

(1) If it appears to the authority or authorities appropriate to do so, they
40may decide that any of the dates specified in subsection (3) shall be
postponed by such period as they think fit.

(2) A date may not be postponed under subsection (1) by a period or
periods which in total exceed 12 months.

(3) The dates are—

(a) 45the 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 measures are to be taken
under the scheme, and

(d) the date as from which any particular services are to be
provided to a particular standard under the scheme.

(4) 5Before making such a decision the authority or authorities must consult
all operators of local services who would, in their opinion, be affected
by the scheme.

(5) Not later than 14 days after the date on which any such decision is
made they must give notice of the decision—

(a) 10in such manner as they consider appropriate for drawing it to
the attention of persons in the area to which it relates,

(b) to all operators of local services who would, in their opinion, be
affected by the scheme, and

(c) to a traffic commissioner.

113J 15Effect of scheme

(1) The authority or authorities must—

(a) provide each of the specified facilities or take each of the
specified measures not later than the date specified for it to be
provided or taken under the scheme, and

(b) 20continue to provide the facilities or keep the measures in effect
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
25the facilities or take the measures or keep the measures in effect owing
to circumstances beyond their control.

(3) Nor does it apply in the case of the Secretary of State if the Secretary of
State is unable to provide the facilities or take the measures or keep the
measures in effect owing to the variation or revocation of a traffic
30regulation order.

(4) The operator of a local service may not use facilities provided under an
advanced quality partnership scheme unless—

(a) the operator has given a written undertaking to a traffic
commissioner that, when using the facilities on any date, the
35operator will provide the service to the standard specified in the
scheme that is relevant to the use of those facilities on that date,
and

(b) the operator provides the service to that standard when using
the facilities, except in relation to any period during which the
40operator is temporarily unable to do so owing to circumstances
beyond the operator’s control.

(5) Where a measure has been taken under an advanced quality
partnership scheme, the operator of a local service may not use a
stopping place on a route to which that measure relates unless—

(a) 45the operator has given a written undertaking to a traffic
commissioner that, when using such a stopping place on any
date, the operator will provide the service to the standard

specified in the scheme that is relevant to the use of such a
stopping place on that date, and

(b) the operator provides the service to that standard when using
such a stopping place, except in relation to any period during
5which the operator is temporarily unable to do so owing to
circumstances beyond the operator’s control.

(6) But subsections (4) and (5) do 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 113H(3).

(7) 10Where 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 of the service concerned registered
under section 6 of the Transport Act 1985 (registration of local services).

113K 15Regulations about schemes involving existing facilities or measures
which are already in effect

(1) The Secretary of State may by regulations make provision about the
specifying in advanced quality partnership schemes of—

(a) facilities which are already being provided before the schemes
20are proposed (“existing facilities”), and

(b) measures which are already in effect before the schemes are
proposed (“existing measures”).

(2) The regulations may in particular—

(a) provide that existing facilities may not be specified if they were
25being provided before a date prescribed by, or determined in
accordance with, the regulations,

(b) provide that existing measures may not be specified if they
were in effect before such a date,

(c) provide that—

(i) 30particular existing facilities or classes of existing
facilities, or

(ii) particular existing measures or classes of existing
measures,

may not be specified (whenever they were first provided or
35taken),

(d) provide that—

(i) particular existing facilities or classes of existing
facilities, or

(ii) particular existing measures or classes of existing
40measures,

may be specified only in circumstances prescribed by the
regulations,

(e) provide that, in circumstances prescribed by the regulations—

(i) particular existing facilities or classes of existing
45facilities, or

(ii) particular existing measures or classes of existing
measures,

may be specified only with the consent of a person prescribed
by, or determined in accordance with, the regulations, and