Bus Services Bill (HC Bill 158)

(a) the local transport authority or authorities, and

(b) the Secretary of State,

acting jointly.

(5) Where subsection (2) or (4) applies so that a metropolitan district
5council or the Secretary of State makes an enhanced partnership
scheme, then (subject to section 138N) the references to the authority or
authorities in—

(a) sections 138A(6) and (11),

(b) sections 138F to 138J,

(c) 10section 138K(1) and (3) to (5),

(d) sections 138L and 138M,

(e) section 138O, and

(f) paragraph 27(4) of Schedule 9 to the Road Traffic Regulation
Act 1984,

15include (as well as the local transport authority or authorities) the
metropolitan district council or the Secretary of State.

(6) Subsection (5) is not to be taken as affecting the area indicated by
references in the provisions mentioned in that subsection to the
authority’s or authorities’ area or combined area.

138C 20Requirements in respect of local services

(1) An enhanced partnership scheme may specify under section 138A(5)(b)
requirements about the frequency or timing of particular local services
or local services of particular descriptions.

(2) A requirement falling within subsection (1) may, in particular,
25determine the frequency or timing allowed in relation to a local
service—

(a) by reference only to that service, or

(b) by reference to that service and other local services, taken
together.

(3) 30An enhanced partnership scheme may specify under section 138A(5)(b)
other requirements as to the standard of services to be provided.

(4) The other requirements referred to in subsection (3) include—

(a) requirements which the vehicles being used to provide local
services, or particular descriptions of local services, must meet,

(b) 35requirements about enabling tickets to be purchased or fares to
be paid in particular ways,

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

(d) requirements about providing information to the public about
40local services or particular descriptions of local services,

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

(f) requirements as to the appearance of tickets for local services or
45particular descriptions of local services,

(g) requirements as to the appearance of vehicles being used to
provide local services or particular descriptions of local
services,

(h) requirements as to the prices of multi-operator tickets,

(i) 5requirements as to dates upon which operators may change the
timing of local services or particular descriptions of local
services, and

(j) requirements as to ticketing arrangements.

(5) The requirements that may be specified under subsection (4)(a)
10include—

(a) requirements about providing information to passengers by
placing particular electronic equipment, or electronic
equipment of particular descriptions, in vehicles, and

(b) requirements about emissions or types of fuel or power.

(6) 15The requirements that may be specified under subsection (4)(b) include
requirements about the persons from whom tickets may be purchased
or to whom fares may be paid.

(7) The requirements that may be specified under subsection (4)(j)
include—

(a) 20requirements to make arrangements for—

(i) travel to, within or through particular areas,

(ii) travel at particular times,

(iii) travel on particular local services or particular
descriptions of local services,

(iv) 25travel on particular journeys or on particular
descriptions of journey, or

(v) travel by persons of particular descriptions,

(b) requirements to make arrangements entitling persons to make
a journey, or journeys, involving both travel on one or more
30local services and travel by one or more connecting rail or tram
services, and

(c) requirements about the terms and conditions upon which such
travel is made available.

(8) A connecting rail or tram service, in relation to an enhanced
35partnership scheme, is a service for the carriage of passengers by
railway or by tramway (or by both) which runs between—

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

(b) 40any other place.

(9) The requirements that may be specified in an enhanced partnership
scheme also include requirements as to operators of local services
establishing and operating arrangements that facilitate the operation of
the scheme.

(10) 45A requirement imposed by an enhanced partnership scheme has effect
only in relation to so much of a local service as is provided in the area
to which the scheme relates.

(11) An enhanced partnership scheme may not impose requirements in
relation to the use of vehicles under permits granted under section 22
of the Transport Act 1985.

(12) In this section “multi-operator ticket” means a ticket, or a number of
5tickets purchased in a single transaction, entitling the holder to make a
journey that involves or may involve, or journeys that involve or may
involve, the use of local services provided by more than one operator.

138D Facilities and measures

(1) The facilities which may be specified in an enhanced partnership
10scheme—

(a) must be facilities provided at specific locations along routes
served, or proposed to be served, by local services within the
area to which the scheme relates, or facilities which are ancillary
to such facilities, but

(b) 15may not be facilities which are required to be provided as a
result of section 139 or 140.

(2) The measures which may be specified in an enhanced partnership
scheme—

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

(i) 20increasing the use of local services serving the routes to
which the measures relate or ending or reducing a
decline in the use of such services, or

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

(b) 25may not include the provision of such facilities as are described
in subsection (1)(a) or as 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 an enhanced
30partnership scheme.

138E Provision relating to variation or revocation

(1) An enhanced partnership scheme may specify cases in which the
scheme may be varied or revoked in accordance with the scheme.

(2) The scheme may provide for variation or revocation in a particular case
35to be subject to satisfying such conditions as the scheme specifies.

(3) The cases that may be specified under subsection (1) as regards
variation include cases where the variations in question consist only of
such descriptions of variation as are specified in the scheme.

(4) The conditions that may be specified under subsection (2) include
40conditions prohibiting variation or revocation where a number of
operators of local services disagree to the variation or revocation.

138F Preparation, notice and consultation

(1) If a local transport authority or authorities propose to make an
enhanced partnership plan and scheme, they must—

(a) give notice of their intention to prepare a plan and scheme in
such manner as they consider appropriate for bringing it to the
attention of persons in their area or combined area,

(b) prepare a plan and scheme for consultation,

(c) 5give notice of the plan and scheme prepared to the persons who
are operators of qualifying local services in the area to which the
plan relates on the relevant day, and

(d) give notice of the proposal to make the plan and scheme in such
manner as they consider appropriate for bringing it to the
10attention of persons in their area or combined area.

(2) A notice under subsection (1)(c) must—

(a) contain full details of the plan and scheme prepared,

(b) state the effect of subsection (5), and

(c) state the period within which objections may be made (which
15may not be less than 28 days).

(3) A notice under subsection (1)(d) must—

(a) contain full details of the plan and scheme proposed, or

(b) state where such details may be inspected.

(4) A local transport authority or authorities proposing to make an
20enhanced partnership plan and scheme must—

(a) invite operators of qualifying local services in the area to which
the plan relates to participate in the preparation of the plan and
scheme before starting to prepare them, and

(b) invite any person who becomes an operator of a qualifying local
25service in the area to which the plan relates while the plan and
scheme are being prepared to participate in that preparation
(including any person who becomes such an operator because
of a change in the area to which the plan relates while the plan
is being prepared).

(5) 30A local transport authority or authorities may not give notice of a
proposal under subsection (1)(d) if, within the period for objections
stated in the notice under subsection (1)(c)—

(a) a sufficient number of the persons who, on the relevant day, are
operators of qualifying local services in the area to which the
35plan relates object to the plan prepared, or

(b) a sufficient number of the persons who, on the relevant day, are
operators of qualifying local services in the area to which the
scheme relates object to the scheme prepared.

(6) After giving notice of the proposed plan and scheme under subsection
40(1)(d), 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 them,

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

(c) 45any other relevant local authority any part of whose area
would, in the opinion of the authority or authorities, be affected
by them,

(d) a traffic commissioner,

(e) the chief officer of police for each police area covering the whole
or part of the area to which the plan relates,

(f) the Passengers’ Council,

(g) the Competition and Markets Authority, and

(h) 5such other persons as the authority or authorities think fit.

(7) For the purpose of subsection (6)(c) the following are relevant local
authorities—

(a) local transport authorities,

(b) district councils in England,

(c) 10National Park authorities,

(d) the Broads Authority,

(e) London transport authorities, and

(f) councils in Scotland.

(8) If a local transport authority or authorities propose to make a scheme
15or schemes relating to an existing enhanced partnership plan,
subsections (1) to (7) have effect as if—

(a) references to a proposed plan and scheme were references to a
proposed scheme or schemes, and

(b) subsection (5)(a) were omitted.

(9) 20If a local transport authority or authorities propose to make two or
more schemes at the same time (whether at the same time as making a
plan or in relation to an existing plan), subsection (5)(b) has effect as if
references to the scheme were references to one of the schemes in
question.

(10) 25The Secretary of State may by regulations—

(a) specify the descriptions of local services that are qualifying local
services for the purposes of this section, and

(b) specify what constitutes a sufficient number of persons for the
purposes of subsection (5)(a) or (b).

(11) 30Regulations under subsection (10)(b) may, in particular—

(a) require that a plan or scheme be objected to by such number of
persons as, together, provide at least such proportion of the
qualifying local services in the area in question as is specified in
the regulations, in addition to being at least such proportion of
35the persons providing those services as is specified in the
regulations, and

(b) make provision about determining the proportion of qualifying
local services provided by an operator, including provision
about the time by reference to which the proportion is to be
40determined.

(12) In this section “the relevant day”, in relation to an enhanced
partnership plan or scheme prepared by a local transport authority or
authorities under subsection (1)(b), means the day before the authority
or authorities send out a notice relating to that plan or scheme in
45accordance with subsection (1)(c).

138G Making of plans and schemes

(1) If, after complying with section 138F as regards a proposal to make an
enhanced partnership plan and scheme, a local authority or authorities
consider it appropriate to make the plan and scheme, they may make
5them as proposed or with modifications.

(2) If the authority or authorities intend to make the plan and scheme with
modifications of one or both of them, the authority or authorities must
give notice of their intention to make the plan and scheme, with
modifications, to the persons who are operators of qualifying local
10services in the area to which the plan relates on the relevant day.

(3) A notice under subsection (2) must—

(a) contain full details of the plan and scheme,

(b) state the effect of subsection (4), and

(c) state the period within which objections may be made (which
15may not be less than 28 days).

(4) The authority or authorities may not make the plan and scheme with
modifications if, within the period for objections stated in the notice
under subsection (2)—

(a) a sufficient number of the persons who, on the relevant day, are
20operators of qualifying local services in the area to which the
plan relates object to the plan, or

(b) a sufficient number of the persons who, on the relevant day, are
operators of qualifying local services in the area to which the
scheme relates object to the scheme.

(5) 25Not later than 14 days after the date on which a local transport
authority or authorities make an enhanced partnership plan and
scheme, the authority or authorities must give notice of the making of
the plan and scheme—

(a) in such manner as they consider appropriate for bringing it to
30the attention of persons in their area or combined area,

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

(c) to a traffic commissioner.

(6) The notice must—

(a) 35contain full details of the plan and scheme or state where such
details may be inspected, and

(b) if the plan or scheme made is a modified version of the plan or
scheme that was proposed, state that it is a modified version.

(7) If the proposal of a local transport authority or authorities is to make a
40scheme or schemes relating to an existing enhanced partnership plan,
subsections (1) to (6) have effect as if—

(a) references to a plan and scheme were references to a scheme or
schemes, and

(b) subsection (4)(a) were omitted.

(8) 45If the proposal of a local transport authority or authorities is to make
two or more schemes at the same time (whether at the same time as
making a plan or in relation to an existing plan), subsection (4)(b) has

effect as if references to the scheme were references to one of the
schemes in question.

(9) The Secretary of State may by regulations—

(a) specify the descriptions of local services that are qualifying local
5services for the purposes of this section, and

(b) specify what constitutes a sufficient number of persons for the
purposes of subsection (4)(a) or (b).

(10) Regulations under subsection (9)(b) may, in particular—

(a) require that a plan or scheme be objected to by such number of
10persons as, together, provide at least such proportion of the
qualifying local services in the area in question as is specified in
the regulations, in addition to being at least such proportion of
the persons providing those services as is specified in the
regulations, and

(b) 15make provision about determining the proportion of qualifying
local services provided by an operator, including provision
about the time by reference to which the proportion is to be
determined.

(11) In this section “the relevant day”, in relation to a plan or scheme that a
20local transport authority or authorities intend to make, means the day
before the authority or authorities send out notices relating to that plan
or scheme in accordance in subsection (2).

138H Content of scheme

(1) If a local transport authority or authorities make a scheme, the scheme
25must specify—

(a) the requirements imposed under it,

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

(c) the measures (if any) to be taken under it by the authority or
30authorities,

(d) the provision (if any) about variation or revocation of the plan
or scheme,

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

(f) the period for which it is to remain in operation.

(2) 35The scheme must also specify—

(a) if a requirement imposed under the scheme is to have effect as
from a date after the scheme comes into operation, the date as
from which it has effect,

(b) if any facilities are to be provided under the scheme as from a
40date after the scheme comes into operation, the date as from
which they are to be so provided,

(c) if any measures to be taken under the scheme as from a date
after the scheme comes into operation, the date as from which
they are to be so taken,

(d) 45if a condition under section 138E is to apply as from a date after
the scheme comes into operation, the date as from which it
applies, and

(e) if a condition under section 138E is to cease to apply as from a
particular date, the date as from which it ceases to apply.

(3) Subject to regulations under section 138P, the scheme may provide
that—

(a) local services specified in it, or

(b) local services of a class specified in it,

5are to be excluded from the scheme.

138I Postponement of scheme or part of scheme

(1) If it appears to a local transport authority or authorities that have made
an enhanced partnership scheme appropriate to do so, they may decide
that any of the dates specified in subsection (3) are to be postponed by
10such 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) the date on which the scheme is to come into operation,

(b) 15the date as from which any particular requirement is to be
imposed under the scheme,

(c) the date as from which any particular facilities are to be
provided under the scheme,

(d) the date as from which any particular measures are to be taken
20under the scheme, and

(e) the date as from which any particular condition under section
138E applies.

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

(5) 25Not later than 14 days after the date on which any such decision is
made, they must give notice of the making of the decision—

(a) in such manner as they consider appropriate for bringing it to
the attention of persons in their area or combined area,

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

(c) to a traffic commissioner.

(6) The notice must include a statement of their reasons for the decision.

138J Effect of plans and schemes

(1) If an enhanced partnership scheme requires a local transport authority
35or authorities to provide particular facilities, they must—

(a) provide each of the specified facilities not later than the date
specified for its provision under the scheme (subject to section
138I), and

(b) continue to provide it throughout the remainder of the period
40for which the scheme is in operation.

(2) Subsection (1) does not apply in relation to any period during which the
authority or authorities are temporarily unable to provide the facilities
because of circumstances beyond their control.

(3) Subsection (1) does not apply in the case of the Secretary of State if the
45Secretary of State is unable to provide the facilities because of the
variation or revocation of a traffic regulation order.

(4) If an enhanced partnership scheme made by a local transport authority
or authorities requires them to take particular measures, they must—

(a) take each of the specified measures not later than the date
specified for taking it under the scheme (subject to section 138I),
5and

(b) continue to take those measures throughout the remainder of
the period for which the scheme is in operation.

(5) Subsection (4) does not apply in relation to any period during which the
authority or authorities are temporarily unable to take those measures
10because of circumstances beyond their control.

(6) Subsection (4) does not apply in the case of the Secretary of State if the
Secretary of State is unable to take the measures because of the
variation or revocation of a traffic regulation order.

(7) Subsection (8) applies if the enhanced partnership plan or scheme made
15by a local transport authority or authorities makes provision about—

(a) one or more reviews of the plan, or

(b) one or more reviews of the operation of the scheme.

(8) The authority or authorities must secure that the review or each
review—

(a) 20is carried out in the manner specified in the plan or scheme, and

(b) is completed by the date specified in the plan or scheme as the
date for completing that review.

(9) If a requirement applies to a local service, the operator of the service
must comply with that requirement.

(10) 25Subsection (9) does not apply in relation to services which are excluded
from the scheme because of any provision of the scheme made in
accordance with section 138H(3).

138K Variation

(1) A local transport authority or authorities to whose area or combined
30area, or part of it, an enhanced partnership plan relates may vary the
plan and any related enhanced partnership scheme.

(2) An enhanced partnership plan or scheme may, in particular, be varied
by changing the area to which the plan or scheme relates so that—

(a) it includes the whole or a part of the area of another local
35transport authority, or

(b) it ceases to include any part of the area of a local transport
authority.

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

(a) 40section 138L (preparation, notice and consultation), and

(b) section 138M(1) to (5) (making the variation).

(4) An enhanced partnership scheme may not be varied unless the
authority or authorities are satisfied that the scheme, as varied, will
contribute to the implementation of—

(a) the policies set out in the related enhanced partnership plan (or
those policies as proposed to be varied, if the scheme and the
policies in the plan are being varied at the same time), and

(b) their local transport policies.

(5) 5An enhanced partnership scheme may not be varied unless the
authority or authorities are satisfied that the scheme, as varied, will—

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

(b) 10reduce or limit traffic congestion, noise or air pollution.

(6) The references in subsections (1) and (3) to (5) and sections 138L and
138M to the local transport authority or authorities—

(a) in relation to the variation of an enhanced partnership plan, or

(b) in relation to the variation of an enhanced partnership scheme,
15if the scheme is proposed to be varied at the same time as the
related enhanced partnership plan is proposed to be varied,

include a reference to a local transport authority to no part of whose
area the plan relates but to whose area or part of it the plan would relate
under a proposed variation.

(7) 20Nothing in this section prevents an enhanced partnership scheme being
varied, in accordance with the scheme, in such cases as are allowed by
the scheme (see section 138E).

(8) Before varying an enhanced partnership plan, a local transport
authority must have regard to the desirability, in appropriate cases, of
25varying a plan so as to include in the area to which the plan relates any
part of the area of one or more other local transport authorities.

138L Variation: preparation, notice and consultation

(1) If a local transport authority or authorities propose to vary an enhanced
partnership plan or scheme, they must—

(a) 30give notice of their intention to prepare changes to the plan or
scheme in such manner as they consider appropriate for
bringing it to the attention of persons in their area or combined
area,

(b) prepare the changes,

(c) 35give notice of the changes prepared to the persons who are
operators of qualifying local services in the area to which the
plan (or the plan as proposed to be varied) relates on the
relevant day, and

(d) give notice of the proposal to vary the plan or scheme in such
40manner as they consider appropriate for bringing it to the
attention of persons in their area or combined area.

(2) A notice under subsection (1)(c) must—

(a) contain full details of the changes prepared,

(b) state the effect of subsection (5), and

(c) 45state the period within which objections may be made (which
may not be less than 28 days).

(3) A notice under subsection (1)(d) must—