Bus Services Bill (HL Bill 58)

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

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

(c) 5state 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
proposed variation.

(5) The authority or authorities may not vary the plan or scheme (with or
10without modifications) if a sufficient number of the persons who were
operators of qualifying local services at the qualifying time object to the
variation.

(6) Not 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
15variation—

(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 it, and

(c) 20to a traffic commissioner.

(7) The notice must—

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

(b) if the variation made is a modified version of the variation that
25was 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
services for the purposes of this section,

(b) provide for the determination of the qualifying time for the
30purposes of this section,

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

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

(e) 35specify 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
40addition 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
45determined.

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138N Variation: supplementary

(1) The relevant references (apart from the relevant references in section
138A(8) and (9)) to the authority or authorities in relation to an
enhanced partnership scheme—

(a) 5include a traffic regulation authority if it has been varied so that
it 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
10which are traffic regulation facilities or measures in relation to a traffic
regulation 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) 15And if (although the scheme specifies facilities or measures which are
traffic regulation facilities 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
20been 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
in relation to that authority),

the relevant references to the authority or authorities in relation to an
25enhanced 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) sections 138A(1) to (10), 138F to 138M and 138O, and

(b) paragraph 27(4) of Schedule 9 to the Road Traffic Regulation
30Act 1984.

(5) 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
35it originally specified those facilities or would have been
required 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
40it originally specified those measures or would have been
required to be a maker of it had it done so.

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

(a) a metropolitan district council, or

(b) the Secretary of State.

138O 45Revocation

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

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(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) A local transport authority or authority may not—

(a) 5revoke 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) A local transport authority or authorities may not revoke an enhanced
10partnership 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
they consider appropriate for bringing it to the attention of persons in
15their area or combined area.

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

(a) operators of qualifying local services,

(b) the Competition and Markets Authority, and

(c) 20such 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
local services at the qualifying time.

(7) 25The 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) state the effect of subsection (8), and

(d) 30specify 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
sufficient number of the persons who were operators of qualifying local
35services 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
revocation—

(a) 40in 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) to a traffic commissioner.

(10) 45Nothing 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).

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(11) 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,

(b) provide for the determination of the qualifying time for the
5purposes of this section,

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

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

(e) 10specify how a person’s objection is to be evidenced.

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

(a) require 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
15regulations, 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
local services provided by an operator, including provision
20about the time by reference to which the proportion is to be
determined.

138P Regulations about plans and schemes

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

(a) 25the procedure to be followed when making, varying or
revoking enhanced partnership plans or schemes,

(b) the 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
30may 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) 35The 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) 40the 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
45provision as the Secretary of State considers appropriate in connection
with—

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

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

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

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

(2) 5The regulations may in particular provide that in prescribed
circumstances—

(a) any provision of sections 6 to 9 of the Transport Act 1985
(registration of local services), or of sections 89 to 92 of that Act
(obligation to invite tenders for subsidised services etc), which
10would 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
have effect or is to have effect with such modifications as may
be prescribed,

15in 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
requirements imposed under section 138A(5)(b) to local services that
were registered under section 6 of the Transport Act 1985 before the
20requirements came into force.

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

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

(b) 25make 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
local services to which each requirement specified in the scheme
would apply, subject to such exceptions as may be prescribed;

(c) 30make 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
authority or authorities that made an enhanced partnership
35scheme 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
local services or local services of particular descriptions;

(e) 40make 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
revoked if prescribed conditions are satisfied, including
45conditions 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
paragraph (c) becomes effective to be postponed in prescribed
50circumstances;

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(h) make provision for operators of local services to appeal
against—

(i) a requirement being recorded in respect of a local
service under paragraph (a);

(ii) 5a cancellation of the registration of a local service under
paragraph (c).

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

138R 10Guidance 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
schemes.

(2) 15Those 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
local services cease to be provided by a person (the “former
20operator”) 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
25provide one or more local services in that area by virtue of that
awarded 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
30required to cease providing in the area mentioned in subsection
(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) 35at the same time, a person (the “new operator”) begins to
provide one or more local services in that area under an
agreement which the authority or authorities who made the
relevant enhanced partnership scheme entered into by reason
of the cessation of the local service or services referred to in
40paragraph (a).

(3) Any 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) 45For the purposes of TUPE, the organised grouping of employees that is
subject to the relevant transfer consists of those employees of the
former operator whose employment is principally connected with the

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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
transfer for the purposes of TUPE is also to be treated as a relevant
5transfer 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
provision made by this section.

(7) 10The 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
the provision of any particular local services (including
15provision 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
who is to be the transferee for the purposes of TUPE (including
20provision 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
provide the authority or authorities who made the scheme with
25such 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) provision requiring the authority or authorities who made an
30enhanced 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
requirement imposed by virtue of paragraph (c) of this
35subsection;

(e) provision requiring the authority or authorities who made an
enhanced partnership scheme to ensure that any awarded
contract entered into with a person because of the scheme, or
any other agreement made with a person for the provision of
40local 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
every transferring employee, or every transferring
45employee 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
protection for a transferring employee, are enforceable
50by the employee.

(8) For the purposes of this section—

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

(b) 5“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,
rights to acquire pension benefits, and

(ii) those rights are of such description as is prescribed by
10regulations.

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

(a) that pension protection is required to be secured for every
15transferring 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
original employee has as an employee of the new operator by
virtue of paragraph (a) are rights which—

(i) 20are the same as the rights the transferring original
employee had as an employee of the original operator,
or

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

(10) 25For the purposes of subsection (9)—

  • “transferring original employee” means a transferring
    employee—

    (a)

    who immediately before the relevant date was
    employed by a person (the “original operator”)
    30providing 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
    referred to in subsection (8)(a), a contract of
    35employment 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
    employment with a person providing local
    40services 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)

    where—

    (i)

    45the local services being provided by the original
    operator were not subject to the scheme when it
    was made, and

    (ii)

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

    50the date on which that variation was made;

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

(11) In this section—

  • “awarded contract” means a contract authorising a person to
    5provide 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)

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

    10and 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
    where incompatibility with a requirement falling within
    15section 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 Power to obtain information about local services: enhanced
20partnership schemes

(1) If a local transport authority in England, or two or more such
authorities acting jointly, are preparing an enhanced partnership plan
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
25in their area or combined area to supply relevant information.

(2) If a local transport authority in England, or two or more such
authorities acting jointly, have made an enhanced partnership plan or
scheme, the authority or any of the authorities may, in connection with
the exercise of any relevant function, require an operator of a local
30service in their area or combined area to supply relevant information.

(3) The operator may be required 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.

(4) If it appears to a local transport authority that an operator of a local
35service has failed to take all reasonable steps to comply with a request
under this section, the authority must inform a traffic commissioner.

(5) If two or more local transport authorities are acting jointly in preparing
an enhanced partnership plan or scheme, information supplied to one
of those authorities under this section may be supplied to another of
40those authorities.

(6) If two or more local transport authorities have jointly made an
enhanced partnership plan or scheme and the plan or scheme is in
operation, information supplied to one of those authorities under this
section may be supplied to another of those authorities.

(7) 45A local transport authority must not disclose information obtained
under this section if it is information which the authority may refuse to

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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.

(8) 5Subsection (7) does not prevent the disclosure of information—

(a) under subsection (5) or (6),

(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
10being carrying on the business,

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

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

(e) 15in order to comply with the order of a court of tribunal, or

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

(9) The prohibition in subsection (7) is to be disregarded for the purposes
of section 44 of the Freedom of Information Act 2000.

(10) In this section—

  • 20“relevant function” means—

    (a)

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

    (b)

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

  • 25“relevant information” means information relating to a local
    service 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) 30In section 6 (registration of local services), after subsection (2B) insert—

(2C) Where—

(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) 35an application to register a service, or to vary the registration of
a 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) 40Where—

(a) an 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