Bus Services Bill (HC Bill 158)

or scheme, the authority or any of the authorities may, in connection
with preparing the plan or scheme, require an operator of a local service
in their area or combined area to supply relevant information.

(2) A local transport authority in England that are party to an enhanced
5partnership plan may, in connection with any relevant function,
require an operator of a local service in their area, or in the combined
area of the authority and any other local transport authority in England
that are party to the plan, to supply relevant information.

(3) If an enhanced partnership plan is proposed to be varied so as to
10include another local transport authority in England, that authority
may, in connection with determining whether and how to vary an
enhanced partnership plan or scheme, require an operator of a local
service in their area, or in the combined area of that authority and any
other local transport authority in England that would be party to the
15plan as it is proposed to be varied, to supply relevant information.

(4) The operator may be required—

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

(b) 20to provide the information before the end of such reasonable
period as may be specified by the local transport authority.

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

(6) 25A local transport authority that have obtained information under this
section in connection with a function relating to an enhanced
partnership plan or scheme may—

(a) use the information for the purposes of the function for which it
was obtained, and

(b) 30supply the information to a person specified in subsection (7)
for use for those purposes in connection with the same plan or
scheme.

(7) The persons referred to in subsection (6) are—

(a) a local transport authority;

(b) 35the Secretary of State;

(c) a metropolitan district council;

(d) a person providing services to a local transport authority, the
Secretary of State or a metropolitan district council.

(8) A public authority must not disclose information supplied to the
40authority under this section if it is information which the authority may
refuse to disclose in response to a request under the Freedom of
Information Act 2000 in reliance on a claim that the information is
exempt information by virtue of section 40, 41, 42 or 43 of the Freedom
of Information Act 2000.

(9) 45Subsection (8) does not prevent the disclosure of information—

(a) under subsection (6)(b),

(b) in the case of information relating to the affairs of an individual
who is alive or a particular business that is being carried on,

with the consent of the individual or the person for the time
being carrying on the business,

(c) in connection with the investigation of crime or for the purposes
of criminal proceedings,

(d) 5for the purposes of civil proceedings brought by virtue of this
Act or the Transport Act 1985,

(e) in order to comply with the order of a court of tribunal, or

(f) in order to comply with a requirement imposed by law.

(10) The prohibition in subsection (8) is to be disregarded for the purposes
10of section 44 of the Freedom of Information Act 2000.

(11) In this section—

• “relevant function” means—

  (a)

  reviewing an enhanced partnership plan or the
  operation of an enhanced partnership scheme,

  (b)

  15determining whether and how to vary an enhanced
  partnership plan or scheme, or

  (c)

  determining whether to revoke an enhanced
  partnership plan or scheme;

• “relevant information” means information relating to a local
  20service or passengers on a local service which is of a description
  specified in regulations made by the Secretary of State.””

11 Registration of local services

(1) The Transport Act 1985 is amended as follows.

(2) In section 6 (registration of local services), after subsection (2B) insert—

“(2C) 25Where—

(a) a requirement imposed under section 138A(5)(b) of the
Transport Act 2000 (requirements specified in an enhanced
partnership scheme) has effect, and

(b) an application to register a service, or to vary the registration of
30a service, is made in respect of a service to which that
requirement would apply if the application were granted,

section 6D has effect with respect to the application.””

(3) In section 6, after subsection (2C) (inserted by subsection (2)) insert—

“(2D) Where—

(a) 35an enhanced partnership scheme under section 138A of the
Transport Act 2000 is in operation,

(b) a service is registered, or a registration of a service is varied,
under this section, and

(c) a requirement imposed under section 138A(5)(b) of the
40Transport Act 2000 applies to the service or the service as
varied,

the requirement is to be recorded with the particulars of the service
required to be registered under this section.””

(4) In section 6, in subsection (9) (regulations for carrying section 6 into effect),

after paragraph (h) insert—

“(ha) as to the variation or cancellation of the record of a requirement
imposed under section 138A(5)(b) of the Transport Act 2000;”.”

(5) After section 6C (inserted by section 19) insert—

“6D 5Applications for registration where an enhanced partnership scheme
is in operation

(1) This section applies in any case where—

(a) an enhanced partnership scheme under section 138A of the
Transport Act 2000 is in operation;

(b) 10a requirement imposed under section 138A(5)(b) of the
Transport Act 2000 has effect;

(c) an application for registration, or for variation of registration, is
made under section 6 of this Act in respect of a local service to
which that requirement would apply if the application were
15granted; and

(d) the application is one which would fall to be accepted, apart
from this section.

(2) A traffic commissioner must refuse the application if—

(a) the requirement is an operation requirement, and

(b) 20the traffic commissioner considers that the person who would
be the operator of—

(i) the service proposed to be provided, or,

(ii) the service as proposed to be varied,

is unlikely to be able to comply with that requirement as
25regards that service.

(3) If, where the requirement is a route requirement, the registration, or
variation of registration, of the service under section 6 is prevented by
regulations under section 6E(6), a traffic commissioner must refuse the
application.

(4) 30In this section—

• “operation requirement” means a requirement imposed under
  section 138A(5)(b) of the Transport Act 2000, other than a route
  requirement;

• “route requirement” means a requirement imposed under section
  35138A(5)(b) of the Transport Act 2000 that falls within section
  138C(1) of that Act.””

12 Cancellation of registration etc

(1) The Transport Act 1985 is amended as follows.

(2) In section 6, after subsection (7A) insert—

“(7B) 40Where an enhanced partnership scheme under section 138A of the
Transport Act 2000 is in operation, the registration of a service may also
be cancelled under section 6E.””

(3) After section 6D (inserted by section 11) insert—

“6E Cancellation and control of registration where enhanced partnership
scheme is in operation

(1) This section applies in a case where—

(a) 5an enhanced partnership scheme under section 138A of the
Transport Act 2000 is in operation, and

(b) one or more requirements imposed under section 138A(5)(b) of
the Transport Act 2000 by the scheme have effect.

(2) If a traffic commissioner considers that—

(a) 10an operation requirement imposed by the scheme applies to a
service registered under section 6, and

(b) the service is not being provided in accordance with that
requirement,

the traffic commissioner may cancel the registration of that service.

(3) 15If a traffic commissioner considers that—

(a) a route requirement imposed by the scheme applies to a service
registered under section 6, and

(b) that service cannot be provided in accordance with that
requirement,

20the traffic commissioner must cancel the registration of that service.

(4) If a traffic commissioner considers that—

(a) a route requirement imposed by the scheme applies to two or
more services registered under section 6, and

(b) those services cannot all be provided in accordance with that
25requirement,

the traffic commissioner must cancel the registration of those services.

(5) Subject to regulations under this section, a cancellation of the
registration of a service under subsection (2), (3) or (4) becomes
effective on the expiry of the period beginning with the date on which
30a traffic commissioner gives notice to the operator of the service of the
cancellation of the registration and ending with the date determined in
accordance with regulations under this section.

(6) Regulations under this section may make provision controlling the
registration, or the variation of registration, under section 6 of local
35services which would, or would as varied, be subject to a route
requirement by reference to which a registration or registrations was or
were cancelled under subsection (3) or (4).

(7) Regulations under subsection (6) may, in particular—

(a) provide for the determination of the services that may be
40registered and the persons who may register such services;

(b) provide for those matters to be determined by the local
transport authority or authorities operating the enhanced
partnership scheme;

(c) provide for the authority or authorities to award contracts
45authorising persons to provide local services or local services of
particular descriptions;

(d) provide for services not to be registered under section 6, and for
variations of registration under section 6 not to be made, in
prescribed cases;

(e) make provision as to the period during which the registration,
5or variation of registration, of local services under section 6 is
subject to provision under subsection (6).

(8) Regulations may be made for the purpose of carrying this section into
effect and any such regulations may, in particular—

(a) make provision as to the procedure for cancellation under this
10section, including provision for giving notice of an intention to
cancel unless an operator of a local service satisfies prescribed
conditions;

(b) make provision for cancellation under subsection (3) or (4) to be
revoked if prescribed conditions are satisfied, including
15conditions relating to the variation or cancellation under section
6 of the registration of one or more of the services affected;

(c) make provision for the time at which cancellation under
subsection (3) or (4) becomes effective to be postponed in
prescribed circumstances.

(9) 20In this section—

• “local transport authority” has the meaning given in section 108(4)
  of the Transport Act 2000;

• “operation requirement” and “route requirement” have the same
  meaning as in section 6D.””

13 25Appeals

After section 6E of the Transport Act 1985 (inserted by section 12) insert—

“6F Enhanced partnership schemes: appeals

(1) A person may appeal to the Upper Tribunal against—

(a) a decision to record a requirement under section 6(2D)
30(recording of requirements specified in an enhanced
partnership scheme) in relation to a service provided by the
person,

(b) a refusal under section 6D(2) or (3) of an application made by
the person, or

(c) 35a cancellation under section 6E of the registration of a service
provided by the person.

(2) But if the decision, refusal or cancellation was made by a local transport
authority by virtue of section 6G—

(a) the appeal as regards that matter is to be made to a traffic
40commissioner, and

(b) the local transport authority or authorities operating the
relevant enhanced partnership scheme under section 138A of
the Transport Act 2000 is or are to be parties to the proceedings.

(3) On an appeal under subsection (2), a traffic commissioner may—

(a) 45uphold the decision,

(b) quash the decision, or

(c) substitute a decision for the decision made.

(4) Regulations may make provision—

(a) as to the time within which, and the manner in which, appeals
under subsection (2) may be made, and

(b) as to the procedure to be followed in connection with such
5appeals.

(5) A decision of a traffic commissioner on an appeal under subsection (2)
may be appealed to the Upper Tribunal by—

(a) the person who appealed under subsection (2), or

(b) the local transport authority or authorities operating the
10relevant enhanced partnership scheme.

(6) A local transport authority or authorities operating an enhanced
partnership scheme under section 138A of the Transport Act 2000 may
appeal to the Upper Tribunal against—

(a) a decision of a traffic commissioner to register a service that has
15a stopping place in the area to which the scheme relates, or

(b) a decision of a traffic commissioner not to record a requirement
under section 6(2D) in relation to such a service.

(7) For the purposes of section 13(2) of the Tribunals, Courts and
Enforcement Act 2007 (appeals to Court of Appeal etc against decisions
20of the Upper Tribunal) the following persons are to be treated as parties
to a case—

(a) the person whose service is in question;

(b) the local transport authority or authorities operating the
relevant enhanced partnership scheme; and

(c) 25a traffic commissioner.

(8) In this section “local transport authority” has the meaning given in
section 108(4) of the Transport Act 2000.””

14 Traffic commissioner functions

(1) The Transport Act 1985 is amended as follows.

(2) 30After section 6F (inserted by section 13) insert—

“6G Traffic commissioner functions where an enhanced partnership
scheme in operation

(1) This section applies where notice of—

(a) the making of an enhanced partnership scheme under section
35138A of the Transport Act 2000, or

(b) the varying of an enhanced partnership scheme,

is given to a traffic commissioner under section 138G(5) or 138M(6) of
the Transport Act 2000 by a local transport authority or authorities.

(2) The authority or authorities must also notify the traffic commissioner—

(a) 40whether or not the scheme, or the scheme as varied, specifies a
route requirement, and

(b) in relation to each route requirement specified, whether or not
it relates to—

(i) a particular service that only has stopping places in the
45area to which the scheme relates,

(ii) particular services at least one of which is such a service,
or

(iii) a particular description of services which includes or is
capable of including such a service.

(3) 5In a case where the scheme, or the scheme as varied, relates to the whole
or part of the combined area of two or more local transport authorities,
the notification under subsection (2) must also state which of the
authorities is the lead authority.

(4) If the scheme, or the scheme as varied, specifies a route requirement
10that relates to a particular service that only has stopping places in the
area to which the scheme relates, particular services at least one of
which is such a service or a particular description of services which
includes or is capable of including such a service—

(a) a traffic commissioner must delegate the relevant registration
15functions as regards services that only have stopping places in
that area to the authority or the lead authority (as the case may
be), and

(b) the authority or the lead authority (as the case may be) must
carry them out.

(5) 20A delegation under subsection (4) has effect—

(a) when the scheme comes into operation, or

(b) when the variation of the scheme takes effect (as the case may
be).

(6) If subsection (4) does not apply, the authority or the lead authority (as
25the case may be)—

(a) may elect to carry out the relevant registration functions as
regards services that only have stopping places in the area to
which the scheme relates as from a particular time, and

(b) if that election is made, must notify a traffic commissioner of
30that election and the time selected.

(7) If notification is given under subsection (6), a traffic commissioner must
delegate the relevant registration functions to—

(a) the authority, or

(b) the lead authority (as the case may be);

35and the authority or the lead authority (as the case may be) must carry
them out.

(8) A delegation under subsection (4) or (7) may come to end only when
the scheme in question ceases to operate.

(9) Regulations may be made for the purpose of carrying this section into
40effect.

(10) In this section—

• “local transport authority” has the meaning given in section 108(4)
  of the Transport Act 2000;

• “the relevant registration functions”, in relation to an enhanced
  45partnership scheme, means the functions of a traffic
  commissioner under sections 6, 6D and 6E of this Act so far as
  relating to—

  Bus Services BillPage 67

  (a)

  in the case of functions relating to the variation of
  registration, services that would be relevant services if
  varied as proposed, or

  (b)

  in the case of any other function, relevant services;

• 5“relevant service”, in relation to an enhanced partnership scheme,
  means a local service that only has stopping places in the area to
  which the scheme relates;

• “route requirement” has the same meaning as in section 6D.””

(3) After section 6G (inserted by subsection (2)) insert—

“6H 10Fees relating to relevant registration functions

(1) This section applies where the relevant registration functions of a traffic
commissioner are carried out by a local transport authority in
accordance with section 6G.

(2) The local transport authority may charge fees under this section in
15respect of—

(a) an application under section 6 of this Act for the registration of
a relevant service,

(b) an application under section 6 of this Act for the variation of the
registration of a service that, as varied, would be or continue to
20be a relevant service, and

(c) an application under section 6 of this Act for the cancellation of
the registration of a relevant service.

(3) The fees—

(a) are to be determined by or in accordance with regulations,

(b) 25are to be payable by such persons and at such times as the
regulations may provide, and

(c) are to be payable in one sum or in instalments, as provided by
the regulations.

(4) If a fee or instalment of a fee due under this section has not been paid,
30the local transport authority may decline to proceed with an
application referred to in subsection (2) to which the fee or instalment
relates until the fee or instalment is paid.

(5) Amounts received in respect of fees charged under this section are not
payable to the traffic commissioner (and accordingly may be retained
35by a local transport authority).

(6) Where this section applies, fees may not be charged under section 52 of
the 1981 Act (as applied by section 126 of this Act) in respect of an
application referred to in subsection (2).

(7) In this section—

• 40“local transport authority” has the meaning given in section 108(4)
  of the Transport Act 2000;

• “relevant service” has the same meaning as in section 6G;

• “the relevant registration functions” has the same meaning as in
  section 6G.””

(4) After section 6H (inserted by subsection (3)) insert—

“6I Records of registration etc

(1) This section applies where the relevant registration functions of a traffic
commissioner are carried out by a local transport authority in
5accordance with section 6G.

(2) The local transport authority must keep a record of—

(a) the local services that are registered and the registrations that
are varied or cancelled by the authority under section 6;

(b) the requirements imposed under section 138A(5)(b) of the
10Transport Act 2000 that are recorded by the authority as
applying to services registered under section 6;

(c) the local services that are cancelled by the authority under
section 6E.

(3) The authority must allow the record to be inspected at all reasonable
15times by members of the public.

(4) The authority must supply to a traffic commissioner particulars of—

(a) the local services that are registered and the registrations that
are varied or cancelled by the authority under section 6;

(b) the requirements imposed under section 138A(5)(b) of the
20Transport Act 2000 that are recorded by the authority as
applying to services registered under section 6;

(c) the local services that are cancelled by the authority under
section 6E.

(5) A record kept under this section is admissible in evidence of the matters
25required under this section to be entered in that record.

(6) A copy of an entry made in such a record in pursuance of this section
purporting to be—

(a) signed on behalf of the authority by which the record is kept,
and

(b) 30certified as a true copy,

is evidence of the matters stated in that entry without proof of the
signature or authority of the person signing it.

(7) Regulations may be made for the purpose of carrying this section into
effect and any such regulations may, in particular, make provision—

(a) 35as to the form of records under this section and the particulars
they must contain;

(b) as to the particulars to be supplied to a traffic commissioner
under this section.

(8) In this section—

• 40“local transport authority” has the meaning given in section 108(4)
  of the Transport Act 2000;

• “the relevant registration functions” has the same meaning as in
  section 6G.””

15 Further amendments

Schedule 4 contains further amendments relating to enhanced partnership
plans and schemes.

Powers to make traffic regulation orders

16 5Powers to make traffic regulation orders

(1) The Road Traffic Regulation Act 1984 is amended as follows.

(2) In section 1 (traffic regulation orders outside Greater London), in subsection
(3A), after “facilities” insert “or for the taking of relevant bus scheme
measures”.

(3) 10In section 1(3B), before paragraph (a) insert—

“(za) facilities provided pursuant to an advanced quality partnership
scheme under Part 2 of the Transport Act 2000;”.”

(4) In section 1(3B), in paragraph (a), for “Part 2 of the Transport Act 2000”
substitute “that Part”.

(5) 15In section 1(3B), after paragraph (a), insert—

“(aa) facilities provided in connection with a franchising scheme
under that Part (see section 123A(3)(d) of that Act);”.”

(6) In section 1(3B), after paragraph (b) insert—

“(c) facilities provided pursuant to an enhanced partnership scheme
20under that Part.””

(7) In section 1, after subsection (3B) insert—

“(3C) In subsection (3A) “relevant bus scheme measures” means—

(a) measures taken pursuant to an advanced quality partnership
scheme under Part 2 of the Transport Act 2000;

(b) 25measures taken pursuant to an enhanced partnership scheme
under that Part.””

(8) In Schedule 9 (special provisions as to certain orders), in paragraph 27
(variation or revocation of orders under section 1 etc), in sub-paragraph (1), for
“and (3)” substitute “, (2A), (3) and (4)”.

(9) 30In paragraph 27 of that Schedule, after sub-paragraph (2) insert—

“(2A) Where an order is required for the provision of facilities or the taking
of measures pursuant to an advanced quality partnership scheme
made under Part 2 of the Transport Act 2000 by more than one
authority—

(a) 35it may not be varied or revoked by virtue of this paragraph
by the Secretary of State unless the Secretary of State has
consulted the other authority or authorities who made the
scheme, and

(b) it may not be varied or revoked by virtue of this paragraph
40by any other authority without the consent of that other
authority or those other authorities.””