Bus Services Bill (HL Bill 58)

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

the requirement is to be recorded with the particulars of the service
5required 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) 10After section 6C (inserted by section 18) insert—

6D Applications 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
15Transport Act 2000 is in operation;

(b) a 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
20which that requirement would apply if the application were
granted; 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) 25the requirement is an operation requirement, and

(b) the 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,

30is unlikely to be able to comply with that requirement as
regards 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
35application.

(4) In this section—

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

  • “operation requirement” means a requirement imposed under
    40section 138A(5)(b) of the Transport Act 2000, other than a route
    requirement;

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

12 45Cancellation of registration etc

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

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

(7B) Where 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) 5After 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) an enhanced partnership scheme under section 138A of the
10Transport 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) an operation requirement imposed by the scheme applies to a
15service 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) If a traffic commissioner considers that—

(a) 20a 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,

the traffic commissioner must cancel the registration of that service.

(4) 25If 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
requirement,

30the 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
a traffic commissioner gives notice to the operator of the service of the
35cancellation 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
services which would, or would as varied, be subject to a route
40requirement 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
registered and the persons who may register such services;

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(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
5authorising 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) 10make provision as to the period during which the registration,
or 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) 15make provision as to the procedure for cancellation under this
section, 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
20revoked if prescribed conditions are satisfied, including
conditions 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
25prescribed circumstances.

(9) In 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
    30meaning as in section 6D.”

13 Appeals

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) 35a decision to record a requirement under section 6(2D)
(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
40the person, or

(c) a 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) 45the appeal as regards that matter is to be made to a traffic
commissioner, and

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(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) 5uphold 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
10under subsection (2) may be made, and

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

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

(a) 15the person who appealed under subsection (2), or

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

(6) A local transport authority or authorities operating an enhanced
partnership scheme under section 138A of the Transport Act 2000 may
20appeal to the Upper Tribunal against—

(a) a decision of a traffic commissioner to register a service that has
a 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) 25For the purposes of section 13(2) of the Tribunals, Courts and
Enforcement Act 2007 (appeals to Court of Appeal etc against decisions
of the Upper Tribunal) the following persons are to be treated as parties
to a case—

(a) the person whose service is in question;

(b) 30the local transport authority or authorities operating the
relevant enhanced partnership scheme; and

(c) a traffic commissioner.

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

14 35Traffic commissioner functions

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

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

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

(1) 40This section applies where notice of—

(a) the making of an enhanced partnership scheme under section
138A of the Transport Act 2000, or

(b) the varying of an enhanced partnership scheme.

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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) whether or not the scheme, or the scheme as varied, specifies a
5route 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
area to which the scheme relates,

(ii) 10particular 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) In a case where the scheme, or the scheme as varied, relates to the whole
15or 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
that relates to a particular service that only has stopping places in the
20area 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
functions as regards services that only have stopping places in
25that 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) A delegation under subsection (4) has effect—

(a) 30when 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
the case may be)—

(a) 35may 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
that election and the time selected.

(7) 40If 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);

and the authority or the lead authority (as the case may be) must carry
45them out.

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

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

(10) In this section—

  • “local transport authority” has the meaning given in section 108(4)
    5of the Transport Act 2000;

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

    (a)

    10in 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;

  • “relevant service”, in relation to an enhanced partnership scheme,
    15means 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 Fees relating to relevant registration functions

(1) 20This 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
respect of—

(a) 25an 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
be a relevant service, and

(c) 30an 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) are to be payable by such persons and at such times as the
35regulations 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,
the local transport authority may decline to proceed with an
40application 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
by a local transport authority).

(6) 45Where 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).

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(7) In this section—

  • “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;

  • 5“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
10commissioner are carried out by a local transport authority in
accordance 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) 15the requirements imposed under section 138A(5)(b) of the
Transport 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) 20The authority must allow the record to be inspected at all reasonable
times 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) 25the requirements imposed under section 138A(5)(b) of the
Transport 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) 30A record kept under this section is admissible in evidence of the matters
required 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,
35and

(b) certified 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
40effect and any such regulations may, in particular, make provision—

(a) as 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) 45In this section—

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  • “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 5Further amendments

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

Powers to make traffic regulation orders

16 Powers to make traffic regulation orders

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

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

(aa) 20facilities 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
under that Part.”

(7) 25In 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) measures taken pursuant to an enhanced partnership scheme
30under 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) In paragraph 27 of that Schedule, after sub-paragraph (2) insert—

(2A) 35Where 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) it may not be varied or revoked by virtue of this paragraph
40by the Secretary of State unless the Secretary of State has

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consulted the other authority or authorities who made the
scheme, and

(b) it may not be varied or revoked by virtue of this paragraph
by any other authority without the consent of that other
5authority or those other authorities.”

(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) 10it 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
15by any other authority without the consent of that other
authority or those other authorities.”

Information about English bus services

17 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—

(i) provided under local service contracts entered into by
them (see section 123A(5));

(ii) provided by them under section 123O(2) (interim
services);

(iii) 35provided under service permits granted by them (see
section 123P);

(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 includes—

(a) 40information about routes, timetables, fares and tickets,

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

(c) information about the operation of the services.

(3) The information within subsection (2)(c) includes—

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

(b) 5information about the operation of the services in the past.

(4) The regulations may make provision about—

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

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

(c) the manner and form in which it is to be provided (including, in
10particular, provision requiring it to be provided electronically).

(5) 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.

(6) 15The 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
20application for registration to be provided to a traffic
commissioner.

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

(8) In this section—

(a) “relevant local service” means a local service which has one or
25more 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) “prescribed” means prescribed by regulations under this
section, and

(d) 30“relevant area” means England outside Greater London.

(9) 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
outside the relevant area is to be treated as a separate service for the
purposes of subsection (8)(a) if there is any stopping place for that part
35of 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) In 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
40this 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) In 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
45regulations made by virtue of section 141A(1)(a) of the Transport Act 2000,
complies with those requirements)”.