Bus Services Bill (HC Bill 158)

Bus Services BillPage 30

in accordance with section 123J(3), and

(b) at the same time, a person (the “new operator”) begins to
provide local services in that area under that local service
contract.

(2) 5Subsection (3) also applies to a situation in which—

(a) local services which, at the effective time of a local service
contract, a person (the “former operator”) would be required by
section 123J(3) to cease providing in—

(i) the area mentioned in subsection (1)(a)(i), or

(ii) 10the area mentioned in subsection (1)(a)(ii) (as the case
may be),

cease to be provided by the former operator before the effective
time of that local service contract, and

(b) at the same time as those local services cease to be provided by
15the former operator, a person (the “new operator”) begins to
provide local services in that area under an agreement which
the authority or authorities operating the relevant franchising
scheme entered into by reason of the cessation of the local
services referred to in paragraph (a).

(3) 20Any situation to which this subsection applies is to be treated as a
relevant transfer for the purposes of the Transfer of Undertakings
(Protection of Employment) Regulations 2006 (“TUPE”) (whether or
not TUPE would apply apart from this subsection).

(4) For the purposes of TUPE, the organised grouping of employees that is
25subject to the relevant transfer consists of those employees of the
former operator whose employment is principally connected with the
provision of the local services referred to in subsection (1)(a) or (as the
case may be) the local services referred to in subsection (2)(a).

(5) Any situation which by virtue of this section is treated as a relevant
30transfer for the purposes of TUPE is also to be treated as a relevant
transfer within the meaning of TUPE for the purposes of—

(a) sections 257 and 258 of the Pensions Act 2004, and

(b) any regulations made under section 258 of that Act.

(6) The Secretary of State may make regulations supplementing the
35provision made by this section.

(7) The provision that may be made by regulations under subsection (6)
includes—

(a) provision for determining, for the purposes of subsection (4),
whether a person’s employment is principally connected with
40the provision of any particular local services (including
provision for or in connection with the appointment of a person
to make such determination);

(b) provision for determining, in the case of any particular
organised grouping of employees, the particular new operator
45who is to be the transferee for the purposes of TUPE (including
provision for or in connection with the appointment of a person
to make such determination);

(c) provision requiring any person operating local services in the
area to which a franchising scheme relates to provide the

Bus Services BillPage 31

authority or authorities operating the scheme with such
information as may be prescribed, at such time as may be
prescribed, about such of that person’s employees as would fall
within subsection (4) if the person ceased to provide those
5services in the circumstances described in subsection (1)(a);

(d) provision requiring the authority or authorities operating a
franchising scheme to provide all persons operating local
services in the area to which the scheme relates with such
information as may be prescribed, at such time as may be
10prescribed, so as to enable such persons to comply with any
requirement imposed by virtue of paragraph (c) of this
subsection;

(e) provision requiring the authority or authorities operating a
franchising scheme to ensure that any local service contract
15entered into with a person under the scheme, or any other
agreement made with a person for the provision of local
services in the area to which the scheme relates, is made on
terms—

(i) that require the person, in the event of there being any
20transferring employees, to secure pension protection for
every transferring employee, or every transferring
employee of a prescribed description, who as an
employee of the former operator had rights to acquire
pension benefits, and

(ii) 25that, so far as relating to the securing of pension
protection for a transferring employee, are enforceable
by the employee.

(8) For the purposes of this section—

(a) “transferring employee” means an employee of a former
30operator whose contract of employment becomes, either by
virtue of TUPE or by virtue of this section, a contract of
employment with a new operator;

(b) “pension protection” is secured for a transferring employee if
after the change of employer referred to in paragraph (a)—

(i) 35the employee has, as an employee of the new operator,
rights to acquire pension benefits, and

(ii) those rights are of such description as is prescribed by
regulations.

(9) The Secretary of State must exercise the power conferred by this section
40to make regulations containing provision falling within subsection
(7)(e) so as to ensure—

(a) that pension protection is required to be secured for every
transferring original employee who, as an employee of the
original operator, had rights to acquire pension benefits, and

(b) 45that the rights to acquire pension benefits which a transferring
original employee has as an employee of the new operator by
virtue of paragraph (a) are rights which—

(i) are the same as the rights the transferring original
employee had as an employee of the original operator,
50or

(ii) under provision made by regulations, count as being
broadly comparable to, or better than, those rights.

Bus Services BillPage 32

(10) For the purposes of subsection (9)—

  • “transferring original employee” means a transferring
    employee—

    (a)

    who immediately before the relevant date was
    5employed by a person (the “original operator”)
    providing local services in the area to which the relevant
    franchising scheme relates, and

    (b)

    whose contract of employment—

    (i)

    was, from that date until the change of employer
    10referred to in subsection (8)(a), a contract of
    employment with the original operator, or

    (ii)

    on each occasion when the employee was subject
    to a relevant transfer became, either by virtue of
    TUPE or by virtue of this section, a contract of
    15employment with a person providing local
    services in the area referred to in paragraph (a);

  • “relevant date”, in relation to a franchising scheme, means—

    (a)

    the date on which the scheme was made, or

    (b)

    where—

    (i)

    20the local services being provided by the original
    operator were not subject to the scheme when it
    was made, and

    (ii)

    as a result of the variation of the scheme, those
    services became subject to the scheme,

    25the date on which that variation was made;

  • “relevant transfer” means anything that is, or is to be treated as, a
    relevant transfer for the purposes of TUPE.”

5 Power to obtain information about local services

After section 143 of the Transport Act 2000 insert—

143A 30 Power to obtain information: franchising schemes

(1) A franchising authority may, in connection with their functions under
this Part in relation to franchising schemes, require an operator of local
services to provide them with such relevant information about local
services operated by the operator in the authority’s area, or any part of
35it, as the operator possesses or controls.

(2) If two or more franchising authorities are exercising functions under
this Part in relation to the same franchising scheme or proposed
franchising scheme, each of them may, in connection with their
functions under this Part in relation to franchising schemes, require an
40operator of local services to provide them with such relevant
information about local services operated by the operator in the
authorities’ areas, or any part of those areas, as the operator possesses
or controls.

(3) For the purposes of this section, information about the local services
45operated by an operator in an area is relevant information if it is—

(a) information about the total number of journeys undertaken by
passengers on the local services operated by the operator in the
area;

Bus Services BillPage 33

(b) information about the structure of fares for journeys on those
local services;

(c) information about revenue received from those local services,
including information about revenue attributable to particular
5types of fares or derived from journeys undertaken on
particular parts of those local services;

(d) information about the total distance covered by vehicles used
by the operator in operating those local services;

(e) information about persons employed by the operator in the
10provision of those local services;

(f) information about journeys that the operator has forecast will
be undertaken by passengers on those services and revenue that
the operator has forecast will be received from those services;

(g) information of such description as is specified in regulations
15made by the Secretary of State.

(4) The powers in subsections (1) and (2) may not be used to require an
operator to provide information relating to periods that fall more than
five years before the date of the demand.

(5) If a franchising authority or authorities require the consent of the
20Secretary of State under section 123C before preparing an assessment
under section 123B, that consent must be given before the authority or
any of them may exercise the powers in subsections (1) and (2).

(6) The operator may be required—

(a) to provide the information in any form in which, having regard
25to the manner in which the information is kept, it is reasonable
to expect the operator to provide it, and

(b) to provide the information before the end of such reasonable
period as may be specified by the franchising authority.

(7) If it appears to a franchising authority that an operator of a local service
30has failed to take all reasonable steps to comply with a requirement
imposed under this section, the authority must inform a traffic
commissioner.

(8) A franchising authority that have obtained information under this
section may—

(a) 35use the information for the purposes of their functions under
this Part in relation to franchising schemes, and

(b) supply the information to a person specified in subsection (9)
for use in connection with the same franchising scheme or the
same proposed franchising scheme.

(9) 40The persons referred to in subsection (8) are—

(a) a franchising authority;

(b) a person providing services to a franchising authority;

(c) a person carrying out functions under section 123D.

(10) The requirements in sections 123E and 123G about publishing
45documents do not require a franchising authority to publish
information obtained by the authority, or another franchising authority
exercising functions under this Part in relation to the same franchising
scheme or proposed franchising scheme, under this section if it is

Bus Services BillPage 34

information that the authority could refuse to disclose in response to a
request under—

(a) the Freedom of Information Act 2000, or

(b) the Environmental Information Regulations 2004 (S.I. 2004/
53391) or any regulations replacing those regulations.”

6 Further amendments

Schedule 2 contains further amendments relating to franchising schemes.

Advanced ticketing schemes

7 Advanced ticketing schemes

10In Part 2 of the Transport Act 2000, after section 134B insert—

“Bus services: advanced ticketing schemes

134C Advanced ticketing schemes

(1) A local transport authority whose area is in England, or two or more
such authorities acting jointly, may make a ticketing scheme (an
15“advanced ticketing scheme”) covering the whole or any part of their
area, or combined area, if they consider that the proposed scheme—

(a) would be in the interests of the public, and

(b) would contribute to the implementation of their local transport
policies.

(2) 20An advanced ticketing scheme may not be made unless the authority or
authorities have complied with the notice and consultation
requirements imposed by section 134D.

(3) An advanced ticketing scheme is a scheme under which operators of
local services of a class specified in it are required to make and
25implement arrangements under which persons may purchase, in a
single transaction, a ticket (or tickets) of any of the descriptions which
may be covered by an advanced ticketing scheme and to which the
scheme applies.

(4) The descriptions of tickets which may be covered by an advanced
30ticketing scheme are—

(a) tickets entitling the holder to make more than one journey on
particular local services or on local services of a class specified
in the scheme (whether or not operated by the same person),

(b) tickets entitling the holder to make a particular journey on two
35or more local services (whether or not operated by the same
person),

(c) where a particular journey could be made on local services
provided by any of two or more operators, tickets entitling the
holder to make the journey on whichever service the holder
40chooses, and

(d) tickets entitling the holder to make a journey, or more than one
journey, involving both travel on one or more local services and
travel by one or more connecting rail or tram services.

Bus Services BillPage 35

(5) A connecting rail or tram service, in relation to an advanced ticketing
scheme, is a service for the carriage of passengers by railway or by
tramway (or by both) which runs between—

(a) a station or stopping place at or in the vicinity of which local
5services stop and which serves any part of the area to which the
ticketing scheme relates, and

(b) any other place.

(6) The arrangements in an advanced ticketing scheme may make
provision for different types of ticket including, in particular—

(a) 10tickets that are valid for a specified period, and

(b) tickets that are valid only in a specified area.

(7) The arrangements in an advanced ticketing scheme may include—

(a) provision about enabling tickets to be purchased or fares to be
paid in particular ways,

(b) 15provision about the persons from whom tickets may be
purchased or to whom fares may be paid,

(c) provision about enabling entitlement to travel to be evidenced
in particular ways,

(d) provision about providing information about the arrangements
20to the public,

(e) provision about publicising local services, fares or ticketing
arrangements provided or made available by any operator of a
local service of a class specified in the scheme, and

(f) provision as to the appearance of tickets.

(8) 25Different arrangements may be specified in an advanced ticketing
scheme for different cases.

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

(10) 30In carrying out their functions under this Part in relation to making or
varying advanced ticketing schemes, local transport authorities must
have regard to the desirability, in appropriate cases, of having a
ticketing scheme that—

(a) facilitates journeys between the area to which the ticketing
35scheme applies and adjoining areas of England, or

(b) facilitates the adoption of similar ticketing arrangements in
adjoining areas of England.

(11) In considering whether to make or vary an advanced ticketing scheme
under this section, a local transport authority must have regard to the
40desirability, in appropriate cases, of making a scheme jointly with
another authority.

134D Notice and consultation requirements

(1) If a local transport authority for an area in England, or two or more such
authorities, propose to make an advanced ticketing scheme under
45section 134C, they must give notice of the proposed scheme in such
manner as they consider appropriate for bringing it to the attention of
persons in the area to which it relates.

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(2) The notice must specify the date on which the scheme is proposed to
come into operation.

(3) After giving notice of the proposed scheme, the authority or authorities
must consult—

(a) 5all operators of local services who would, in the opinion of the
authority or authorities, be affected by it,

(b) such organisations appearing to the authority or authorities to
be representative of users of local services as they think fit,

(c) any other relevant local authority any part of whose area
10would, in the opinion of the authority or authorities, be affected
by the proposed scheme,

(d) the Passengers’ Council,

(e) the Competition and Markets Authority, and

(f) a traffic commissioner.

(4) 15For 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) 20the Broads Authority,

(e) London transport authorities, and

(f) councils in Scotland.

134E Making of scheme

(1) If, after consulting in accordance with section 134D, the authority or
25authorities decide that it is appropriate to make the scheme, they may
make it as proposed or with modifications.

(2) If the scheme applies to tickets within section 134C(4)(d), it may only be
made with the agreement of the operators of the connecting rail or tram
services concerned.

(3) 30The scheme must specify the date on which it is to come into operation,
which must not be earlier than three months after the date on which it
is made.

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

(a) 35in such manner as they consider appropriate for bringing it to
the attention of persons in the area to which it relates,

(b) to a traffic commissioner,

(c) to all operators of local services or services for the carriage of
passengers by railway or by tramway (or by both) who would,
40in the opinion of the authority or authorities, be affected by it,
and

(d) to the Secretary of State if it applies to tickets within section
134C(4)(d).

(5) The notice must set out the terms of the scheme and the date on which
45it is to come into operation.

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(6) The authority or authorities to whose area or combined area the scheme
relates may vary or revoke the scheme.

(7) If the proposed variation would result in the scheme relating to all or
part of the area of another local transport authority, the reference in
5subsection (6) to the authority or authorities includes that other
authority.

(8) The variation or revocation is subject to the same procedure as the
making of the scheme and in the application of that procedure—

(a) a reference in sections 134C(1) to (9) and 134D and subsections
10(1) to (5) to making a scheme is to be treated as a reference to
varying or revoking a scheme,

(b) a reference in those provisions to the proposed scheme is to be
treated as a reference to the scheme as proposed to be varied or
to the proposed revocation of the scheme, and

(c) 15a reference in those provisions to the date on which a scheme
comes into operation is to be treated as a reference to the date
on which the scheme as varied comes into operation or the date
on which the scheme comes to an end.

134F Effect of scheme

20During any period in which an advanced ticketing scheme is in
operation, operators of local services to which the scheme relates must
make and implement the arrangements required by the scheme.

134G Guidance

(1) The Secretary of State may issue guidance concerning the exercise by
25local transport authorities of their functions under this Part in relation
to advanced ticketing schemes.

(2) The authorities must have regard to any such guidance in exercising
those functions.”

8 Further amendments

30Schedule 3 contains further amendments relating to advanced ticketing
schemes.

Enhanced partnership plans and schemes

9 Enhanced partnership plans and schemes

In Part 2 of the Transport Act 2000, after section 138 insert—

35“Bus services: enhanced partnership plans and schemes

138A Enhanced partnership plans and schemes

(1) A local transport authority whose area is in England, or two or more
such authorities acting jointly, may make—

(a) an enhanced partnership plan in relation to the whole or part of
40their area, or combined area, and

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(b) one or more enhanced partnership schemes relating to the
whole or part of the area to which the plan relates.

(2) A local transport authority or authorities who have made an enhanced
partnership plan may make further enhanced partnership schemes
5relating to the whole or part of the area to which the plan relates.

(3) An enhanced partnership plan is a plan that—

(a) specifies the area and the period to which the plan relates,

(b) sets out an analysis of the local services provided in that area,

(c) sets out policies relating to local services in that area,

(d) 10sets out objectives as regards the quality and effectiveness of
local services provided in that area by reference to that period,

(e) describes how the related enhanced partnership scheme or
schemes is or are intended to assist in implementing those
policies and achieving those objectives, and

(f) 15describes the intended effect of the related enhanced
partnership scheme or schemes on areas neighbouring the area
to which the plan relates.

(4) An enhanced partnership plan must state whether the plan is to be
reviewed and, if so—

(a) 20specify how it is to be reviewed, and

(b) specify the dates by which reviews are to be completed.

(5) An enhanced partnership scheme is a scheme that—

(a) specifies the area to which the scheme relates, and

(b) imposes requirements in relation to local services that have one
25or more stopping places in that area by specifying them in the
scheme (see section 138C).

(6) An enhanced partnership scheme may also—

(a) require the authority or authorities to provide particular
facilities in the area to which the scheme relates (see section
30138D),

(b) require the authority or authorities to take particular measures
in relation to routes in the whole or part of that area that are
served, or might be served, by local services (see section 138D),
and

(c) 35include provision about its variation or revocation (see section
138E).

(7) An enhanced partnership scheme must state whether the operation of
the scheme is to be reviewed and, if so—

(a) specify how it is to be reviewed, and

(b) 40specify the dates by which reviews are to be completed.

(8) An enhanced partnership plan must include a description of the
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
45the plan and any related scheme are working.

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(9) An enhanced partnership scheme may not be made unless the
authority or authorities are satisfied that the scheme will contribute to
the implementation of—

(a) the policies set out in the related enhanced partnership plan,
5and

(b) their local transport policies.

(10) An enhanced partnership scheme may not be made unless the
authority or authorities are satisfied that the scheme will—

(a) bring benefits to persons using local services in the whole or any
10part of the area to which the scheme relates by improving the
quality or effectiveness of those services, or

(b) reduce or limit traffic congestion, noise or air pollution.

(11) An enhanced partnership plan or scheme may not be made unless the
authority or authorities have complied with the requirements in—

(a) 15section 138F (preparation, notice and consultation), and

(b) section 138G(1) to (4) (making of plan and scheme).

(12) An enhanced partnership plan may not be made without also making
an enhanced partnership scheme.

(13) In carrying out their functions under this Part in relation to enhanced
20partnership plans or schemes local transport authorities must co-
operate with each other.

(14) Before making an enhanced partnership plan, a local transport
authority must have regard to the desirability, in appropriate cases, of
making an enhanced partnership plan and enhanced partnership
25schemes jointly with one or more other local transport authorities.

138B Further parties to a scheme

(1) Subsection (2) applies if—

(a) the provision of any of the facilities specified in an enhanced
partnership scheme, or

(b) 30the taking of any of the measures specified in such a 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).

(2) Where this subsection applies, the scheme may not be made unless it is
35made by—

(a) the local transport authority or authorities, and

(b) the metropolitan district council for the district,

acting jointly.

(3) Subsection (4) applies if—

(a) 40the provision of any of the facilities specified in an enhanced
partnership scheme, or

(b) the taking of any of the measures specified in such a scheme,

requires the making of a traffic regulation order in respect of a road for
which the Secretary of State is the traffic authority.

(4) 45Where this subsection applies, the scheme may not be made unless it is
made by—