Bus Services Bill (HC Bill 158)

(a) contain full details of the changes, or

(b) state where such details may be inspected.

(4) The authority or authorities must—

(a) invite operators of qualifying local services to participate in the
5preparation of the changes before starting to prepare them, and

(b) invite any person who becomes an operator of a qualifying local
service while the changes are being prepared to participate in
their preparation.

(5) A local transport authority or authorities may not give notice of a
10proposal under subsection (1)(d) if, within the period for objections
given in the notice under subsection (1)(c)—

(a) a sufficient number of the persons who are operators of
qualifying local services in the area to which the plan relates on
the relevant day object to the changes prepared for the plan (if
15changes to a plan are prepared), or

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

(6) 20After giving notice of the proposal under subsection (1)(d), the
authority or authorities must consult the Competition and Markets
Authority.

(7) If a local authority or authorities propose to vary two or more enhanced
partnership schemes at the same time, subsection (5)(b) has effect as if
25references to the scheme were references to one of the schemes in
question.

(8) The 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) 30specify what constitutes a sufficient number of persons for the
purposes of subsection (5)(a) or (b).

(9) Regulations under subsection (8)(b) may, in particular—

(a) require that changes to a plan or scheme be objected to by such
number of persons as, together, provide at least such proportion
35of 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) make provision about determining the proportion of qualifying
40local services provided by an operator, including provision
about the time by reference to which the proportion is to be
determined.

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

138M Variation: making the variation

(1) This section applies if a local transport authority or authorities have
complied with the requirements of section 138L as regards a proposal
to vary an enhanced partnership plan or scheme.

(2) 5If the authority or authorities consider it appropriate to vary the plan or
scheme, they may vary the plan or scheme as proposed or with
modifications.

(3) Before varying the plan or scheme, the authorities must give notice of
their intention to vary the plan or scheme, as proposed or with
10modifications, to persons who were operators of qualifying local
services at the qualifying time.

(4) The notice under subsection (3) must—

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

(b) 15if the variation made is a modified version of the variation that
was proposed, state that it is a modified version,

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

(d) specify the period within which persons who are operators of
qualifying local services at the qualifying time may object to the
20proposed variation.

(5) The authority or authorities may not vary the plan or scheme (with or
without modifications) if a sufficient number of the persons who were
operators of qualifying local services at the qualifying time object to the
variation.

(6) 25Not later than 14 days after the date on which the variation of the plan
or scheme is made, the authority or authorities must give notice of the
variation—

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

(b) 30to all operators of local services who would, in the opinion of
the authority or authorities, be affected by it, and

(c) to a traffic commissioner.

(7) The notice must—

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

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

(8) The Secretary of State may by regulations—

(a) specify the descriptions of local services that are qualifying local
40services for the purposes of this section,

(b) provide for the determination of the qualifying time for the
purposes of this section,

(c) specify the minimum period which may be specified under
subsection (4)(d),

(d) 45specify what constitutes a sufficient number of persons for the
purposes of subsection (5), and

(e) specify how a person’s objection is to be evidenced.

(9) Regulations under subsection (8)(d) may, in particular—

(a) require that a proposed variation be objected to by such number
of persons as, together, provide at least such proportion of the
qualifying local services as is specified in the regulations, in
5addition to being at least such proportion of the 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
10determined.

138N Variation: supplementary

(1) The relevant references to the authority or authorities in relation to an
enhanced partnership scheme—

(a) include a traffic regulation authority if it has been varied so that
15it specifies traffic regulation facilities or measures, but

(b) do not include a traffic regulation authority if it has been varied
so that it no longer specifies such facilities or measures.

(2) But if (although the scheme does not specify facilities or measures
which are traffic regulation facilities or measures in relation to a traffic
20regulation authority) it would do by reason of a proposed variation,
those references to the authority or authorities in relation to an
enhanced partnership scheme (apart from the relevant references in
section 138J) include that authority.

(3) And if (although the scheme specifies facilities or measures which are
25traffic regulation facilities or measures in relation to a traffic regulation
authority)—

(a) the traffic regulation order, or (where more than one) each of
the traffic regulation orders, required to be made by that
authority for the provision of those facilities or measures has
30been revoked, and

(b) the scheme is proposed to be varied (but not so that it specifies
other facilities or measures which are traffic regulation facilities
or measures in relation to that authority),

the relevant references to the authority or authorities in relation to an
35enhanced partnership scheme (apart from those in section 138J) do not
include that authority.

(4) For the purposes of this section the relevant references are those in—

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

(b) sections 138F to 138J,

(c) 40section 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.

(5) 45Subsections (1) and (2) are not to be taken as affecting the area indicated
by references in the provisions mentioned in subsection (4) to the
authority’s or authorities’ area or combined area.

(6) For the purposes of this section—

(a) facilities are traffic regulation facilities, in relation to a traffic
regulation authority and an enhanced partnership scheme, if
that authority was required to be a maker of the scheme because
it originally specified those facilities or would have been
5required to be a maker of it had it done so, and

(b) measures are traffic regulation measures, in relation to a traffic
regulation authority and an enhanced partnership scheme, if
that authority was required to be a maker of the scheme because
it originally specified those measures or would have been
10required to be a maker of it had it done so.

(7) In this section “traffic regulation authority” means—

(a) a metropolitan district council, or

(b) the Secretary of State.

138O Revocation

(1) 15A local transport authority or authorities may, if they consider it
appropriate to do so—

(a) revoke an enhanced partnership plan that relates to the whole
or any part of their area or combined area, and

(b) revoke an enhanced partnership scheme relating to such a plan.

(2) 20A local transport authority or authority may not—

(a) revoke an enhanced partnership plan without also revoking all
enhanced partnership schemes relating to it, or

(b) revoke all enhanced partnership schemes relating to an
enhanced partnership plan without also revoking the plan.

(3) 25A local transport authority or authorities may not revoke an enhanced
partnership plan or scheme unless they have complied with
subsections (4) to (8).

(4) A local transport authority or authorities must give notice of a proposal
to revoke an enhanced partnership plan or scheme in such manner as
30they consider appropriate for bringing it to the attention of persons in
their area or combined area.

(5) After giving notice under subsection (4), the authority or authorities
must consult—

(a) operators of qualifying local services,

(b) 35the Competition and Markets Authority, and

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

(6) If, after consulting those persons, the authority or authorities wish to
revoke the plan or scheme, they must give notice of their intention to
revoke the plan or scheme to persons who were operators of qualifying
40local services at the qualifying time.

(7) The notice under subsection (6) must—

(a) state the date on which the plan or scheme is to be revoked,

(b) state the authority’s or authorities’ reasons for revoking the
plan or scheme,

(c) 45state the effect of subsection (8), and

(d) specify the period within which persons who are operators of
qualifying local services at the qualifying time may object to the
revocation.

(8) The authority or authorities may not revoke the plan or scheme if a
5sufficient number of the persons who were operators of qualifying local
services at the qualifying time object to the revocation of the plan or (as
the case may be) the scheme.

(9) Not later than 14 days after the date on which the plan or scheme is
revoked, the authority or authorities must give notice of the
10revocation—

(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 the opinion of
the authority or authorities, be affected by the revocation, and

(c) 15to a traffic commissioner.

(10) Nothing in subsections (3) to (8) prevents an enhanced partnership
scheme being revoked, in accordance with the scheme, in such cases as
are allowed by the scheme (see section 138E).

(11) The Secretary of State may by regulations—

(a) 20specify the descriptions of local services that are qualifying local
services for the purposes of this section,

(b) provide for the determination of the qualifying time for the
purposes of this section,

(c) specify the minimum period which may be specified under
25subsection (7)(d),

(d) specify what constitutes a sufficient number of persons for the
purposes of subsection (8), and

(e) specify how a person’s objection is to be evidenced.

(12) Regulations under subsection (11)(d) may, in particular—

(a) 30require that the revocation of a plan or scheme be disagreed to
by such number of persons as, together, provide at least such
proportion of the qualifying local services 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
35regulations, 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
determined.

138P 40Regulations about plans and schemes

(1) The Secretary of State may by regulations make further provision with
respect to—

(a) the procedure to be followed when making, varying or
revoking enhanced partnership plans or schemes,

(b) 45the content or operation of schemes which include a
requirement falling within section 138C(1),

(c) the local services or classes of local services which must be, or
may be, excluded from schemes,

(d) the making of traffic regulation orders in connection with
schemes, and

(e) such other incidental matters in connection with schemes as the
Secretary of State thinks fit.

(2) 5The regulations may in particular make provision with respect to—

(a) giving notice of proposed schemes or proposed variations or
revocations of enhanced partnership plans or schemes,

(b) objections to such proposals,

(c) modifications of such proposals,

(d) 10the form of plans, schemes or variations, and

(e) giving notice of plans or schemes which have been made or of
the variation or revocation of plans or schemes.

138Q Transitional provision about schemes

(1) The Secretary of State may by regulations make such transitional
15provision as the Secretary of State considers appropriate in connection
with—

(a) the making of enhanced partnership plans and schemes,

(b) the coming into operation of provisions of enhanced
partnership plans and schemes,

(c) 20the variation of enhanced partnership plans and schemes, and

(d) the revocation of enhanced partnership plans and schemes.

(2) The regulations may in particular provide that in prescribed
circumstances—

(a) any provision of sections 6 to 9 of the Transport Act 1985
25(registration of local services), or of sections 89 to 92 of that Act
(obligation to invite tenders for subsidised services etc), which
would otherwise have effect is not to have effect or is to have
effect with such modifications as may be prescribed, or

(b) any such provision which would not otherwise have effect is to
30have effect or is to have effect with such modifications as may
be prescribed,

in relation to the whole or any part of the area to which the scheme
relates.

(3) The regulations may in particular provide for the application of
35requirements imposed under section 138A(5)(b) to local services that
were registered under section 6 of the Transport Act 1985 before the
requirements came into force.

(4) Regulations made by virtue of subsection (3) may in particular—

(a) make provision about recording requirements that apply to
40local services with the registered particulars of those local
services;

(b) make provision requiring the local transport authority or
authorities that made an enhanced partnership scheme to notify
a traffic commissioner of the local services or the descriptions of
45local services to which each requirement specified in the scheme
would apply, subject to such exceptions as may be prescribed;

(c) make provision for the cancellation of the registration of local
services that could not be provided in accordance with
requirements falling within section 138C(1);

(d) make provision about the determination by the local transport
5authority or authorities that made an enhanced partnership
scheme of what local services may be registered under section 6
of the Transport Act 1985 in place of local services whose
registrations are cancelled under paragraph (c), including
provision for awarding contracts authorising the provision of
10local services or local services of particular descriptions;

(e) make provision as to the period during which the registration,
or variation of registration, of local services is subject to
provision under paragraph (d);

(f) make provision for cancellation under paragraph (c) to be
15revoked if prescribed conditions are satisfied, including
conditions relating to the variation or cancellation under section
6 of the Transport Act 1985 of the registration of one or more of
the local services affected;

(g) make provision for the time at which cancellation under
20paragraph (c) becomes effective to be postponed in prescribed
circumstances;

(h) make provision for appeals against—

(i) decisions to record or not to record requirements under
paragraph (a);

(ii) 25decisions to cancel registrations of local services under
paragraph (c).

(5) Regulations made by virtue of subsection (4)(h) may in particular
include provision about—

(a) to whom an appeal may be made;

(b) 30how an appeal may be made and dealt with;

(c) further appeals;

(d) who may be parties to an appeal or further appeal.

(6) In this section “registered particulars”, in relation to a local service,
means the particulars of the service required to be registered under
35section 6 of the Transport Act 1985.

138R Guidance about plans and schemes

(1) The Secretary of State may issue guidance concerning the carrying out
by local transport authorities and metropolitan district councils of their
functions under this Part in relation to enhanced partnership plans and
40schemes.

(2) Those authorities and councils must have regard to any such guidance.

138S Application of TUPE

(1) Subsection (3) applies to a situation in which—

(a) on the coming into force of an awarded contract, one or more
45local services cease to be provided by a person (the “former
operator”) in the area to which the relevant enhanced
partnership scheme relates because the cancellation of the

registration of the service or services under a relevant provision
becomes effective, and

(b) at the same time, a person (the “new operator”) begins to
provide one or more local services in that area by virtue of that
5awarded contract.

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

(a) one or more local services which, on the coming into force of an
awarded contract, a person (the “former operator”) would be
required to cease providing in the area mentioned in subsection
10(1)(a) of this section because the cancellation of the registration
of the service or services under a relevant provision would have
become effective, cease to be provided by the former operator
before the coming into force of that awarded contract, and

(b) at the same time, a person (the “new operator”) begins to
15provide one or more local services in that area under an
agreement which the authority or authorities operating the
relevant enhanced partnership scheme entered into by reason
of the cessation of the local service or 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 an enhanced partnership scheme relates to
50provide the 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
services in the circumstances described in subsection (1)(a);

(d) 5provision requiring the authority or authorities operating an
enhanced partnership 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
prescribed, so as to enable such persons to comply with any
10requirement imposed by virtue of paragraph (c) of this
subsection;

(e) provision requiring the authority or authorities operating an
enhanced partnership scheme to ensure that any awarded
contract entered into with a person because of the scheme, or
15any 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
transferring employees, to secure pension protection for
20every 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) that, so far as relating to the securing of pension
25protection 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
operator whose contract of employment becomes, either by
30virtue 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) the employee has, as an employee of the new operator,
35rights 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
to make regulations containing provision falling within subsection
40(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) that the rights to acquire pension benefits which a transferring
45original 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,
or

(ii) 50under provision made by regulations, count as being
broadly comparable to, or better than, those rights.

(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
  enhanced partnership 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 an enhanced partnership scheme,
  means—

  (a)

  the date on which the scheme was made, or

  (b)

  20where—

  (i)

  the 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
  25services became subject to the scheme,

  the 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.

(11) In this section—

• 30“awarded contract” means a contract authorising a person to
  provide a local service that is awarded in accordance with—

  (a)

  regulations made by virtue of section 6E(6) of the
  Transport Act 1985 (provision for services to be
  allocated), or

  (b)

  35regulations made by virtue of section 138Q(4)(d);

  and an awarded contract is to be regarded as in force when the
  authority to provide a service has effect;

• “relevant provision” means—

  (a)

  section 6E(2) of the Transport Act 1985 (cancellation
  40where incompatibility with a requirement falling within
  section 138C(1)), or

  (b)

  regulations made by virtue of section 138Q(4)(c).””

10 Information about local services

After section 143A of the Transport Act 2000 (inserted by section 5) insert—

“143B 45 Power to obtain information about local services: enhanced
partnership schemes

(1) If a local transport authority in England, or two or more such
authorities acting jointly, are preparing an enhanced partnership plan