Bus Services Bill (HC Bill 158)

(10) In paragraph 27 of that Schedule, after sub-paragraph (3) insert—

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

(a) 5it 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
10by any other authority without the consent of that other
authority or those other authorities.””

Information for bus passengers

17 Information for bus passengers

(1) After section 181 of the Equality Act 2010 insert—

““CHAPTER 2A 15Bus services

181A Information for bus passengers

(1) The Secretary of State may, for the purpose of facilitating travel by
disabled persons, make regulations requiring operators of local
services to make available information about a local service to persons
20travelling on the service.

(2) The regulations may make provision about—

(a) the descriptions of information that are to be made available;

(b) how information is to be made available.

(3) The regulations may, in particular, require an operator of a local service
25to make available information of a prescribed description about—

(a) the name or other designation of the local service;

(b) the direction of travel;

(c) stopping places;

(d) diversions;

(e) 30connecting local services.

(4) The regulations may, in particular—

(a) specify when information of a prescribed description is to be
made available;

(b) specify how information of a prescribed description is to be
35made available, including requiring information to be both
announced and displayed;

(c) specify standards for the provision of information, including
standards based on an announcement being audible or a
display being visible to a person of a prescribed description in a
40prescribed location;

(d) specify forms of communication that are not to be regarded as
satisfying a requirement to make information available.

(5) Regulations under this section may make different provision—

(a) as respects different descriptions of vehicle;

(b) as respects the same description of vehicle in different
circumstances.

(6) 5Before making regulations under this section, the Secretary of State
must consult—

(a) the Welsh Ministers;

(b) the Scottish Ministers.

181B Exemptions etc

(1) 10The Secretary of State may by regulations make provision for securing
that the provisions of regulations under section 181A do not apply or
apply subject to such modifications or exceptions as the regulations
may specify to—

(a) public service vehicles of a prescribed description;

(b) 15operators of a prescribed description;

(c) local services of a prescribed description.

(2) Regulations under subsection (1)(b) may, in particular, make provision
by reference to an operator’s size.

(3) Regulations under this section may also make provision for securing
20that the provisions of regulations under section 181A do not apply or
apply subject to such modifications or exceptions as the regulations
may specify to—

(a) a prescribed public service vehicle;

(b) public service vehicles of a prescribed operator;

(c) 25a prescribed local service.

(4) Regulations under subsection (1) or (3) may make the provision subject
to such restrictions and conditions as are specified in the regulations.

(5) Regulations under subsection (1) or (3) may specify the period for
which provisions of those regulations are to have effect.

(6) 30Regulations under subsection (1) may make different provision for
different areas.

(7) Section 207(2) does not require regulations under this section that apply
only to—

(a) a prescribed public service vehicle,

(b) 35public service vehicles of a prescribed operator, or

(c) a prescribed local service,

to be made by statutory instrument; but such regulations are as capable
of being amended or revoked as regulations made by statutory
instrument.

(8) 40Before making regulations under this section, the Secretary of State
must consult—

(a) the Welsh Ministers;

(b) the Scottish Ministers.

181C Guidance

(1) The Secretary of State must issue guidance about the duties imposed on
operators of local services by regulations under section 181A.

(2) The Secretary of State—

(a) 5must review the guidance issued under subsection (1), at
intervals not exceeding five years, and

(b) may revise it.

(3) Before issuing the guidance or revising it in a way which would, in the
opinion of the Secretary of State, result in a substantial change to it, the
10Secretary of State must consult—

(a) the Welsh Ministers,

(b) the Scottish Ministers,

(c) the Passengers’ Council,

(d) such organisations representing disabled persons, including the
15Disabled Persons Transport Advisory Committee and the
committee established under section 72 of the Transport
(Scotland) Act 2001, as the Secretary of State thinks fit,

(e) such organisations representing operators of local services as
the Secretary of State thinks fit, and

(f) 20such other persons as the Secretary of State thinks fit.

(4) The Secretary of State must arrange for any guidance issued or revised
under this section to be published in a way the Secretary of State
considers appropriate.

181D Interpretation

(1) 25In this Chapter—

• “local service” has the same meaning as in the Transport Act 1985;

• “public service vehicle” means a vehicle that is a public service
  vehicle for the purposes of the Public Passenger Vehicles Act
  1981;

• 30“stopping place” has the same meaning as in the Transport Act
  1985.

(2) For the purposes of this Chapter, a local service (“service A”) is a
connecting local service in relation to another local service (“service B”)
if service A has a stopping place at, or in the vicinity of, a stopping place
35of service B.

(3) References in this Chapter to the operator of a passenger transport
service of any description are to be construed in accordance with
section 137(7) of the Transport Act 1985.””

(2) In section 207 of that Act (exercise of power to make orders and regulations),
40in subsection (5), after “174(4)” insert “, 181A(5), 181B(6)”.

(3) In section 208 of that Act (procedure for orders and regulations), in subsection
(5) (statutory instruments subject to affirmative procedure), after paragraph (f)
insert—

“(fa) regulations under section 181A or 181B (information for bus
45passengers);”.”

(4) In section 26 of the Transport Act 1985 (conditions attached to PSV operators’

licence), in subsection (1), after paragraph (bb) insert—

“(bc) the operator has failed to comply with a requirement of
regulations made under section 181A of the Equality Act 2010;”.”

(5) In section 155 of the Transport Act 2000 (sanctions), after subsection (1ZD)
5(inserted by Schedule 4), insert—

“(1ZE) Where a traffic commissioner is satisfied that the operator of a local
service has, without reasonable excuse, failed to comply with a
requirement of regulations made under section 181A of the Equality
Act 2010, the traffic commissioner may make one or more orders under
10subsection (1A)(a) or (d).””

(6) In section 39 of the Transport (Scotland) Act 2001 (penalties), in subsection
(1)—

(a) omit the “or” following paragraph (b);

(b) after paragraph (c) insert “; or

(d) 15failed to comply with a requirement of regulations made
under section 181A of the Equality Act 2010,”.”

Information about English bus services

18 Power to require provision of information about English bus services

(1) After section 141 of the Transport Act 2000 insert—

“141A 20 Power to require provision of information about English bus services

(1) The Secretary of State may by regulations require—

(a) applicants for the registration of relevant local services, or for
the variation or cancellation of any such registration, to provide
prescribed information—

(i) 25in relation to the services, or

(ii) in connection with the application;

(b) operators of registered relevant local services to provide
prescribed information in relation to the services;

(c) local transport authorities to provide prescribed information in
30relation to relevant local services which have one or more
stopping places in their areas;

(d) traffic commissioners to provide prescribed information that is
held by them in relation to relevant local services.

(2) The information that may be prescribed is such information within
35subsection (3) as appears to the Secretary of State to be required—

(a) in order to make information about relevant local services
available to users or prospective users of those services, or

(b) in order to facilitate the exercise of functions relating to the
registration of relevant local services.

(3) 40The information within this subsection is—

(a) information about routes, stopping places, timetables, fares and
tickets,

(b) information about changes or proposed changes to routes,
stopping places, timetables, fares and tickets, and

(c) information about the operation of the services.

(4) The information within subsection (3)(c) includes—

(a) live information, that is to say information provided
immediately it becomes available about the location of vehicles
5operating the services and the time at which they stop, or are
expected to stop, at stopping places, and

(b) information about the operation of the services in the past.

(5) The regulations may make provision about—

(a) the person to whom the information is to be provided,

(b) 10the time when it is to be provided, and

(c) the manner and form in which it is to be provided (including, in
particular, provision requiring it to be provided electronically).

(6) The provision made under subsection (5)(a) may not require the
information to be provided to a person other than—

(a) 15the Secretary of State;

(b) a local transport authority whose area is in England;

(c) a person prescribed in the regulations, being a person who
provides or facilitates the provision of, or is to provide or
facilitate the provision of, information about relevant local
20services to users or prospective users of those services.

(7) The regulations may provide that a reference in the regulations to a
standard according to which the information is to be provided is to be
construed as a reference to that standard as it has effect from time to
time.

(8) 25The regulations may make provision as to the use and disclosure of the
information, including—

(a) provision for the information to be made available free of
charge and without restrictions on its use and disclosure, and

(b) provision for information provided in connection with an
30application for registration, or for the variation or cancellation
of a registration, to be provided to a traffic commissioner.

(9) The regulations may make different provision for different areas.

(10) Before making regulations under this section the Secretary of State
must consult—

(a) 35such persons or organisations as appear to the Secretary of State
to represent the interests of operators and users of relevant local
services,

(b) such persons or organisations as appear to the Secretary of State
to represent the interests of local transport authorities whose
40areas are in England, and

(c) such other persons or organisations as the Secretary of State
considers appropriate.

(11) The references to traffic commissioners in subsections (1)(d) and (8)(b)
are to be read as including references to any local transport authority
45carrying out the functions of a traffic commissioner in accordance with
section 6G of the Transport Act 1985.

(12) In this section—

(a) “relevant local service” means a local service which has one or
more stopping places in the relevant area,

(b) references to registration, in relation to a relevant local service,
are to registration under section 6 of the Transport Act 1985,

(c) 5“prescribed” means prescribed by regulations under this
section, and

(d) “relevant area” means England outside Greater London.

(13) Where a local service is or is to be provided both inside and outside the
relevant area, any part of the service which is or is to be provided
10outside the relevant area is to be treated as a separate service for the
purposes of subsection (12)(a) if there is any stopping place for that part
of the service outside the relevant area.””

(2) In section 155(1)(c) of that Act (sanctions), at the end insert “or with regulations
under section 141A of this Act”.

(3) 15In section 160 of that Act (regulations and orders under Part 2)—

(a) in subsection (2), after “138F(10), 138G(9)” (inserted by Schedule 4 to
this Act) insert “or 141A(1) or”;

(b) in subsection (2A) (inserted by Schedule 2 to this Act), after “138F(10),
138G(9)” (inserted by Schedule 4 to this Act) insert “or 141A(1)”.

(4) 20In section 6 of the Transport Act 1985 (registration), at the end of subsection
(9)(e) insert “(or, if the applicant is subject to requirements imposed by
regulations made by virtue of section 141A(1)(a) of the Transport Act 2000,
complies with those requirements)”.

Registration of bus services

19 25Variation or cancellation of registration: service information

(1) After section 6B of the Transport Act 1985 insert—

“6C Variation or cancellation of registration: service information

(1) Regulations may require the operator of a local service registered under
section 6 to provide prescribed information to any local transport
30authority in England in whose area the service has a stopping place if—

(a) the operator—

(i) has made an application under section 6 to vary or
cancel the registration of the service, or

(ii) has notified the local transport authority in accordance
35with regulations under that section that it proposes to
make such an application, and

(b) the authority requests the operator to provide the information.

(2) The information that may be prescribed is information relating to—

(a) the number of passengers using the service, the journeys made
40by those passengers and the fares paid by them, and

(b) the revenue obtained by operating the service.

(3) Regulations under this section may, in particular—

(a) make provision about the periods of time in respect of which
information may be required,

(b) make provision about the time when, and the manner and form
in which, information is to be provided,

(c) provide for a traffic commissioner or a body carrying out a
traffic commissioner’s functions in accordance with section 6G
5not to accept an application to vary or cancel the service if the
operator has failed to comply with the regulations,

(d) make provision about the use and disclosure of information
provided under the regulations (including provision about its
further disclosure),

(e) 10make provision as to cases in which section 67 of the 1981 Act
does not apply in relation to contraventions of, or failures to
comply with, the regulations,

(f) make provision subject to conditions, and

(g) make supplementary, incidental, consequential or transitional
15provision.

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

(2) In section 155(1) of the Transport Act 2000 (sanctions), after paragraph (aa)
insert—

“(ab) 20failed to comply with a requirement to provide information
imposed by virtue of section 6C of that Act,”.”

20 Rail replacement bus services

(1) In section 6 of the Transport Act 1985 (registration of local services), in
subsection (1), after “(1A)” insert “or (1D)”.

(2) 25After subsection (1C) of that section insert—

“(1D) A service falls within this subsection if—

(a) it has one or more stopping places in England, and

(b) it is provided under an agreement entered into, where a railway
service has been temporarily interrupted, with the person who
30usually provides the railway service.

(1E) Where a service is provided both inside and outside England, any part
of the service which is provided outside England is to be treated as a
separate service for the purposes of subsection (1D) if there is any
stopping place for that part of the service outside England.””

(3) 35In section 179 of the Greater London Authority Act 1999 (London local
services), for subsection (3) substitute—

“(3) The following are not London local services for the purposes of this
Act—

(a) a service provided in pursuance of an agreement with the
40Secretary of State entered into under section 40 of the Railways
Act 2005 (substitution services provided for interrupted or
discontinued railway services);

(b) a service provided under an agreement entered into, where a
railway service has been temporarily interrupted, with the
45person who usually provides the railway service.””

21 Registration of English local services: fees where functions contracted out

After section 6I of the Transport Act 1985 (inserted by section 14) insert—

“6J Contracting out of registration functions: fees

(1) Regulations may make provision about the charging of fees where an
5authorised person exercises a function of a traffic commissioner in
relation to an application specified in subsection (2).

(2) Those applications are—

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

(b) 10an application under section 6 of this Act for the variation of the
registration of a service that, as varied, would be or continue to
be a relevant service, and

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

(3) 15Regulations under this section may allow or require the authorised
person to charge fees in respect of the application to which the function
relates.

(4) The regulations may—

(a) specify the fees chargeable, or

(b) 20make provision about the setting of fees by the authorised
person, including provision about determining the amounts of
such fees.

(5) The regulations may include provision about—

(a) who must pay the fees and at what times, and

(b) 25whether the fees are payable in one sum or in instalments.

(6) The regulations may provide that, if a fee or instalment of a fee due
under the regulations has not been paid, the authorised person 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.

(7) 30The regulations may make provision about how amounts received in
respect of fees charged under the regulations are to be applied.

(8) Provision made by virtue of subsection (7) may include—

(a) provision for such amounts not to be payable to the traffic
commissioner, and

(b) 35provision that such amounts are to be paid, or not to be paid,
into the Consolidated Fund.

(9) The regulations may provide that fees are not to be charged under
section 52 of the 1981 Act (as applied by section 126 of this Act) in
respect of the applications referred to in subsection (2).

(10) 40In this section—

• “authorised person”, in relation to a function of a traffic
  commissioner, means a person authorised to exercise that
  function by virtue of an authorisation given in accordance with
  an order under section 69 of the Deregulation and Contracting
  45Out Act 1994;

Bus Services BillPage 78

• “relevant service” means a service which has stopping places only
  in England;

• “service” has the meaning given in section 6(1).””

Bus companies: authorities in England

22 5Bus companies: limitation of powers of authorities in England

(1) A relevant authority may not, in exercise of any of its powers, form a company
for the purpose of providing a local service.

(2) Subsection (1) applies whether the relevant authority is acting alone or with
any other person.

(3) 10In this section—

• “company” has the same meaning as in the Companies Acts (see sections
  1(1) and 2(1) of the Companies Act 2006);

• “form a company” is to be construed in accordance with section 7 of the
  Companies Act 2006;

• 15“local service” has the same meaning as in the Transport Act 1985 (see
  section 2 of that Act);

• “Passenger Transport Executive”, in relation to an integrated transport
  area in England or a combined authority area, means the body which is
  the Executive in relation to that area for the purposes of Part 2 of the
  20Transport Act 1968;

• “relevant authority” means—

  (a)

  a county council in England;

  (b)

  a district council in England;

  (c)

  a combined authority established under section 103 of the Local
  25Democracy, Economic Development and Construction Act
  2009;

  (d)

  an Integrated Transport Authority for an integrated transport
  area in England;

  (e)

  a Passenger Transport Executive for—

  (i)

  30an integrated transport area in England, or

  (ii)

  a combined authority area.

General

23 Power to make consequential provision

(1) The Secretary of State may by regulations make such provision as appears to
35the Secretary of State to be appropriate in consequence of any provision made
by or under this Act.

(2) The power conferred by subsection (1) includes power to amend, repeal,
revoke or otherwise modify—

(a) an Act passed before or in the same Session as this Act, or

(b) 40an instrument made under an Act before the regulations come into
force.

(3) Regulations under this section must be made by statutory instrument.

(4) A statutory instrument which contains (whether alone or with other provision)
regulations under this section that amend or repeal a provision of an Act may
not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.

(5) 5A statutory instrument which contains any other regulations under this section
is subject to annulment in pursuance of a resolution of either House of
Parliament.

24 Power to make transitional, transitory or saving provision

(1) The Secretary of State may by regulations make such transitional, transitory or
10saving provision as the Secretary of State considers appropriate in connection
with the coming into force of any provision of this Act.

(2) The regulations may in particular make provision about ticketing schemes
under section 135 of the Transport Act 2000 relating to areas in England that
exist immediately before the day on which section 7 of this Act comes into
15force.

(3) The regulations may include provision for treating such ticketing schemes as
made under section 134C of the Transport Act 2000 (inserted by section 7 of this
Act).

(4) Regulations under this section must be made by statutory instrument.

(5) 20A statutory instrument which contains regulations under this section is subject
to annulment in pursuance of a resolution of either House of Parliament.

25 Extent

(1) This Act extends to England and Wales only, subject to the following
subsections.

(2) 25Section 17(1) to (4) extend to England and Wales and Scotland.

(3) Section 17(6) extends to Scotland only.

(4) Sections 23 to 27 extend to England and Wales and Scotland.

26 Commencement

(1) The following come into force on the day on which this Act is passed—

(a) 30section 23;

(b) section 24;

(c) section 25;

(d) this section;

(e) section 27.

(2) 35Section 17 comes into force on such day as the Secretary of State may by
regulations made by statutory instrument appoint.

(3) The remaining provisions of this Act—

(a) come into force, for the purposes of making regulations or orders, on
the day on which this Act is passed, and

(b) 40come into force, for remaining purposes, at the end of the period of two
months beginning with the day on which this Act is passed.