Bus Services Bill (HL Bill 58)

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Registration of bus services

18 Variation 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) 5Regulations may require the operator of a local service registered under
section 6 to provide prescribed information to any local transport
authority 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
10cancel the registration of the service, or

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

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

(2) 15The information that may be prescribed is information relating to—

(a) the number of passengers using the service, the journeys made
by 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) 20make 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
25traffic commissioner’s functions in accordance with section 6G
not 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
30further disclosure),

(e) make 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) 35make supplementary, incidental, consequential or transitional
provision.”

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

(ab) failed to comply with a requirement to provide information
40imposed by virtue of section 6C of that Act,”.

19 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)”.

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(2) After 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
5service has been temporarily interrupted, with the person who
usually 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
10stopping place for that part of the service outside England.”

(3) In 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) 15a service provided in pursuance of an agreement with the
Secretary 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
20railway service has been temporarily interrupted, with the
person who usually provides the railway service.”

20 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) 25Regulations may make provision about the charging of fees where an
authorised 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
30a 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) an application under section 6 of this Act for the cancellation of
35the registration of a relevant service.

(3) Regulations 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) 40specify the fees chargeable, or

(b) make 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) 45who must pay the fees and at what times, and

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(b) whether 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
5which the fee or instalment relates until the fee or instalment is paid.

(7) The 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
10commissioner, and

(b) provision 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
15respect of the applications referred to in subsection (2).

(10) In 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
    20an order under section 69 of the Deregulation and Contracting
    Out Act 1994;

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

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

25Bus companies: authorities in England

21 Bus 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
30any other person.

(3) In 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
    35Companies Act 2006;

  • “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
    40the Executive in relation to that area for the purposes of Part 2 of the
    Transport Act 1968;

  • “relevant authority” means—

    (a)

    a county council in England;

    (b)

    a district council in England;

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    (c)

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

    (d)

    an Integrated Transport Authority for an integrated transport
    5area in England;

    (e)

    a Passenger Transport Executive for—

    (i)

    an integrated transport area in England, or

    (ii)

    a combined authority area.

General

22 10Power to make consequential provision

(1) The Secretary of State may by regulations make such provision as appears to
the 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,
15revoke or otherwise modify—

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

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

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

(4) 20A 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) A statutory instrument which contains any other regulations under this section
25is subject to annulment in pursuance of a resolution of either House of
Parliament.

23 Power to make transitional, transitory or saving provision

(1) The Secretary of State may by regulations make such transitional, transitory or
saving provision as the Secretary of State considers appropriate in connection
30with 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
force.

(3) 35The 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) A statutory instrument which contains regulations under this section is subject
40to annulment in pursuance of a resolution of either House of Parliament.

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24 Extent

This Act extends to England and Wales only.

25 Commencement

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

(a) 5section 22;

(b) section 23;

(c) section 24;

(d) this section;

(e) section 26.

(2) 10The 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) come into force, for remaining purposes, at the end of the period of two
months beginning with the day on which this Act is passed.

26 15Short title

This Act may be cited as the Bus Services Act 2016.

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SCHEDULES

Section 2

SCHEDULE 1 Further amendments: advanced quality partnership schemes

Transport Act 1985 (c. 67)

1 5The Transport Act 1985 is amended as follows.

2 (1) Section 6 (registration of local services) is amended as follows.

(2) In subsection (2A), in paragraph (a)—

(a) after “section” insert “113D(1) or”;

(b) for “(quality” substitute “(advanced quality partnership schemes
10and quality”.

3 (1) Section 6A (applications for registration where restrictions are in force) is
amended as follows.

(2) In subsection (1), in paragraph (a)—

(a) after “section” insert “113D(1) or”;

(b) 15after “case of” insert “an advanced quality partnership scheme or”.

(3) In subsection (8), in paragraph (c), after “section” insert “113J(4) or (5) or”.

(4) In subsection (12)—

(a) at the appropriate place insert—

  • ““advanced quality partnership scheme” means a
    20scheme under section 113C of the Transport Act
    2000;”;

(b) for the definition of “registration criteria” substitute—

  • ““registration criteria”—

    (a)

    in relation to an advanced quality partnership
    25scheme, means the criteria specified in the
    scheme by virtue of section 113D(3) of the
    Transport Act 2000;

    (b)

    in relation to a quality partnership scheme,
    means the criteria specified in the scheme by
    30virtue of section 114(3C) of the Transport Act
    2000;”;

(c) in the definition of “relevant operator”, in paragraph (a), after
“section” insert “113J(4) or (5) or”.

4 In section 26 (conditions attached to a PSV operator’s licence), in subsection
35(1), in paragraph (b), after “section or section” insert “113J(4) or (5),”.

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5 In section 82 (bus stations: restrictions on discriminatory practices, etc), in
subsection (4A), in the words before paragraph (a), after “to” insert “an
advanced quality partnership scheme or”.

Transport Act 2000 (c. 38)

6 5The Transport Act 2000 (as amended by the Local Transport Act 2008) is
amended as follows.

7 (1) Section 114 (quality partnership schemes) is amended as follows.

(2) In subsection (1), at the end insert “(but this is subject to subsection (1A)).”

(3) After subsection (1) insert—

(1A) 10A local transport authority whose area is in England may exercise the
power to make a quality partnership scheme only if—

(a) they are acting jointly with one or more other local transport
authorities, and

(b) at least one of those other local transport authorities is an
15authority whose area is in Wales.”

8 (1) Section 153 (competition test: functions and agreements relating to buses) is
amended as follows.

(2) In subsection (1), in paragraph (a), after “to” insert “advanced quality
partnership schemes,”.

(3) 20In subsection (3), in the definition of “voluntary agreement”, after “under”
insert “sections 113C to 113O (advanced quality partnership schemes), or
under”.

9 In section 155 (sanctions), in subsection (1), in paragraph (b), after “section”,
in the second place it occurs, insert “113J(4) or (5),”.

10 25In section 162 (interpretation of Part 2), in subsection (1), at the appropriate
place insert—

  • ““advanced quality partnership scheme” is to be construed in
    accordance with section 113C(2),”.

11 (1) Schedule 10 (competition test: functions and agreements relating to buses) is
30amended as follows.

(2) In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—

(a) in sub-paragraph (1), before paragraph (a) insert—

(za) making and varying advanced quality partnership
schemes,”;

(b) 35in sub-paragraph (2), before paragraph (a) insert—

(za) in the case of the function of making or varying an
advanced quality partnership scheme, once notice
of a proposal to make or vary it has been given
under section 113G(1),”.

(3) 40In paragraph 12 (enforcement of decisions of Competition and Markets
Authority), in sub-paragraph (2)(b), after “varying” insert “an advanced
quality partnership scheme,”.

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(4) In paragraph 17 (interpretation of Part 2 of Schedule 10), in sub-paragraph
(5)(c), at the beginning insert “an advanced quality partnership scheme,”.

Section 6

SCHEDULE 2 Further amendments: franchising schemes

5Transport Act 1985 (c. 67)

1 The Transport Act 1985 is amended as follows.

2 In section 6 (registration of local services)—

(a) in subsection (2B) (registration in quality contract scheme cases), in
paragraph (a), after “force” insert “in relation to an area in Wales”;

(b) 10in subsection (7A) (variation of registration in quality contract
scheme cases), in paragraph (a), after “force” insert “in relation to an
area in Wales”.

3 (1) Section 26 (conditions attached to a PSV operator’s licence) is amended as
follows.

(2) 15In subsection (1) (circumstances in which conditions may be imposed), in
paragraph (b), after “118(4)” insert “, 123J(6)”.

(3) In subsection (1)(bza), after “section” insert “123X(7)(c),”.

(4) In subsection (1), after paragraph (ba) (and the “or” following it) insert—

(baa) the operator has failed to take all reasonable steps to comply
20with section 143A of the Transport Act 2000; or”.

4 In section 66 (powers of councils to run bus undertakings), in subsection (1),
for “and to section” substitute “and to sections 123O and”

Transport Act 2000 (c. 38)

5 The Transport Act 2000 (as amended by the Local Transport Act 2008) is
25amended as follows.

6 In the heading preceding section 124, after “schemes” insert “in Wales”.

7 (1) Section 124 (quality contracts schemes) is amended as follows.

(2) In subsection (1), after “authority”, in the first place it occurs, insert “for an
area in Wales”.

(3) 30Omit subsections (1A) and (1B).

(4) In subsection (2)—

(a) at the end of paragraph (a), insert “and”;

(b) in paragraph (b), omit “in the case of a scheme for an area in Wales,”;

(c) omit paragraph (c) and the “and” preceding it.

(5) 35Omit subsection (2A).

(6) In subsection (9)—

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(a) after “authority”, in the first place it occurs, insert “for an area in
Wales”;

(b) after “another” insert “such”.

(7) Omit subsection (9A).

(8) 5Omit subsections (11) to (13).

8 In section 125 (notice and consultation requirements)—

(a) in subsection (1)—

(i) at the end of paragraph (b), insert “and”;

(ii) omit paragraph (d) and the “and” preceding it;

(b) 10in subsection (1A)(b), omit “or, as the case may be, (1A)”;

(c) in subsection (3)(e), omit “if the proposed scheme relates to an area
in Wales,”.

9 In section 126 (approval of proposed schemes for areas in Wales), omit
subsection (A1).

10 15Omit sections 126A to 126E (QCS boards for schemes for areas in England).

11 In section 127 (making of scheme)—

(a) in subsection (1), omit paragraph (a);

(b) in subsection (1)(b), omit “in the case of a scheme for an area in
Wales,”;

(c) 20omit subsection (1A);

(d) in subsection (1B), omit paragraph (a) and the “and” following it;

(e) in subsection (10), omit “(1A),”.

12 Omit sections 127A and 127B (appeals: schemes for areas in England).

13 In section 131A (continuation of schemes for further periods)—

(a) 25in subsection (2)—

(i) in paragraph (a), omit “, if the scheme is for an area in Wales,
or”;

(ii) omit paragraph (b);

(b) omit subsection (4);

(c) 30in subsection (5)—

(i) in paragraph (b), omit “or, as the case may be, paragraphs (b)
to (d) of section 124(1A)”;

(ii) in paragraph (c), omit “or, as the case may be, (1A)”.

14 Omit section 131C (continuation of schemes for areas in England:
35procedure).

15 In section 131E (appeals where proposed continuation considered exempt),
in subsection (13), omit the words from “If” to “Wales,”.

16 Omit section 131F (appeals where proposed continuation considered non-
exempt).

17 40In section 132 (variation or revocation of scheme)—

(a) in subsection (2), omit “or those set out in subsection (1A)(a) to (d) of
that section”;

(b) in subsection (4A), omit paragraph (b);

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(c) in subsection (5), omit paragraphs (a) to (c) and the “or” following
paragraph (c);

(d) omit subsections (6) to (8).

18 In section 132A (appeals where proposed variation considered exempt), in
5subsection (12), omit the words from “If” to “Wales,”.

19 In section 132B (exemption from section 132 for specific variations directed
by Tribunal), omit subsection (1)(a).

20 In section 133 (regulations about schemes)—

(a) in subsection (1)(b), omit “for areas in Wales”;

(b) 10omit subsection (1)(bb) and (bc);

(c) in subsection (2)(e), omit “for areas in Wales”;

(d) omit subsection (2)(ef) to (ei);

(e) omit subsection (3)(a);

(f) omit subsection (4)(b).

21 (1) 15Section 155 (sanctions imposed by traffic commissioners) is amended as
follows.

(2) In subsection (1) (when sanctions may be imposed), in paragraph (ba), after
“section” insert “123X(7)(c),”.

(3) After subsection (1) insert—

(1ZA) 20Where a traffic commissioner for any traffic area is satisfied that—

(a) a person has operated a local service in contravention of
section 123J(3) of this Act, and

(b) in operating the local service, the person has failed to take all
reasonable precautions and to exercise all due diligence to
25avoid contravening section 123J(3) of this Act,

the traffic commissioner may make one or more orders under
subsection (1A)(a) or (d).”

(4) After subsection (1ZB) (inserted by Schedule 4) insert—

(1ZC) Where a traffic commissioner for any traffic area is satisfied that the
30operator of a local service has failed to take all reasonable steps to
comply with section 143A of this Act, the traffic commissioner may
make one or more orders under subsection (1A)(a) or (d).”

22 (1) Section 160 (regulations and orders under Part 2) is amended as follows.

(2) In subsection (2), after “than” insert “regulations under section 123A(4)(b) to
35(f)”.

(3) After subsection (2) insert—

(2A) A statutory instrument containing regulations under section 123A(4)
shall not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.”

23 (1) 40Section 162 (interpretation of Part 2) is amended as follows.

(2) In subsection (1) (specific terms), at the appropriate place insert—

  • “effective time”, in relation to a local service contract, has the
    meaning given by section 123J(7),”;

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  • ““franchising authority” has the meaning given by section
    123A(4),”;

  • “franchising scheme” is to be construed in accordance with
    section 123A(3),”;

  • 5““interim service” has the meaning given by section 123O,”;

  • “local service contract” has the meaning given by section
    123A(5),”;

  • “mayoral combined authority” has the meaning given by
    section 107A of the Local Democracy, Economic
    10Development and Construction Act 2009,”;

  • "“scheme sub-area” has the meaning given by section 123H,”;

  • "“service permit” has the meaning given by section 123P,”.

(3) In subsection (1), in the definition of “appropriate national authority”, omit
paragraph (a) (meaning for schemes relating to areas in England).

(4) 15In subsection (1), omit the definition of “QCS board”.

(5) In subsection (4) (interpretation of references to Integrated Transport
Authorities), omit the following entries—

  • “section 124(4)(a), (5) and (7),”;

  • “section 127(3A),”;

  • 20“section 127A(7),”;

  • “section 130,”;

  • “section 131,”;

  • “section 132C,”;

  • “section 132D,”.

25Local Transport Act 2008 (c. 26)

24 The Local Transport Act 2008 is amended as follows.

25 Omit sections 22 to 25 (QCS boards in England).

26 Omit section 27 (appeals against making of quality contract schemes in
England).

27 30Omit section 33 (continuation of quality contract schemes for areas in
England).

28 Omit section 36 (appeals where proposed continuation of scheme
considered non-exempt).

Section 8

SCHEDULE 3 35Further amendments: advanced ticketing schemes

Transport Act 1985 (c. 67)Transport Act 1985 (c. 67)

1 The Transport Act 1985 is amended as follows.

2 In section 26 (conditions attached to a PSV operator’s licence), in subsection
(1)(ba), after “section” insert “134F,”.

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Transport Act 2000 (c. 38)

3 The Transport Act 2000 (as amended by the Local Transport Act 2008) is
amended as follows.

4 (1) Section 135 (joint and through ticketing schemes) is amended as follows.

(2) 5In subsection (1), at the end insert—

“(but this is subject to subsection (1A)).”

(3) After subsection (1) insert—

(1A) A local transport authority whose area is in England may exercise the
power to make a ticketing scheme only if—

(a) 10they are acting jointly with one or more other local transport
authorities, and

(b) at least one of those other local transport authorities is an
authority whose area is in Wales.”

5 In section 153 (competition test: functions and agreements relating to buses),
15in subsection (1)(a), after “partnership schemes,” insert “advanced ticketing
schemes,”.

6 In section 155 (sanctions), in subsection (1)(c), after “section” insert “134F,”.

7 (1) Section 162 (interpretation of Part 2) is amended as follows.

(2) In subsection (1), in the definition of “connecting rail or tram service” for
20“service”” substitute “service”—

  • (a)

    in relation to an advanced ticketing scheme, has the
    meaning given by section 134C(3), and

    (b)

    in relation to a ticketing scheme,”.

(3) In subsection (1), at the appropriate place insert—

  • 25““advanced ticketing scheme” is to be construed in accordance
    with section 134C(3),”.

8 (1) Schedule 10 (competition test: functions and agreements relating to buses) is
amended as follows.

(2) In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—

(a) 30in sub-paragraph (1), after paragraph (a) insert—

(aa) making and varying advanced ticketing schemes,”;

(b) in sub-paragraph (2), after paragraph (a) insert—

(aa) in the case of the function of making or varying an
advanced ticketing scheme, once notice of a
35proposal to make or vary it has been given under
section 134D(1),”.

(3) In paragraph 12 (enforcement of decisions of Competition and Markets
Authority), in sub-paragraph (2)(b), after “partnership scheme” insert “, an
advanced ticketing scheme”.

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Section 15

SCHEDULE 4 Further amendments: enhanced partnership plans and schemes

Transport Act 1985 (c. 67)

1 The Transport Act 1985 is amended as follows.

2 (1) 5Section 7 (application of traffic regulation conditions to services registered
under section 6) is amended as follows.

(2) After subsection (3) insert—

(3A) Traffic regulation conditions may not be expressed to apply to an
area to which an enhanced partnership scheme under section 138A
10of the Transport Act 2000 relates.”

(3) After subsection (14) insert—

(14A) Where an enhanced partnership scheme under section 138A of the
Transport Act 2000 comes into operation as regards an area, any
traffic regulation condition expressed to apply in an area that
15consists of or includes the area to which the scheme relates ceases at
that time to apply in the area to which the scheme relates.

(14B) A traffic commissioner may accordingly vary or revoke a traffic
regulation condition (without a request being made).”

3 (1) Section 26 (conditions attached to a PSV operator’s licence) is amended as
20follows.

(2) In subsection (1) (when conditions may be attached), in paragraph (b), for
“or 129(1)(b)” substitute “, 129(1)(b) or 138J(9)”.

(3) In subsection (1)(bza), after “134B(7)(c)” insert “or 138S(7)(c)”.

(4) In subsection (1)(baa) (inserted by Schedule 2), after “143A” insert “or 143B”.

25Transport Act 2000 (c. 38)

4 The Transport Act 2000 (as amended by the Local Transport Act 2008) is
amended as follows.

5 In section 153 (competition test: functions and agreements relating to buses),
in subsection (1)(a) (applying tests in relation to the exercise of functions
30relating to quality partnership schemes, etc), after “ticketing schemes” insert
“, enhanced partnership schemes”.

6 (1) Section 155 (sanctions relating to Part 2 of the Act) is amended as follows.

(2) In subsection (1)(b), for “or 129(1)(b)” substitute “, 129(1)(b) or 138J(9)”.

(3) In subsection (1)(ba), after “134B(7)(c)” insert “or 138S(7)(c)”.

(4) 35After subsection (1ZA) (inserted by Schedule 2) insert—

(1ZB) Where a traffic commissioner is satisfied that—

(a) a person has operated a local service in contravention of
section 138J(9) of this Act, and

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(b) in operating the local service, the person has failed to take all
reasonable precautions and to exercise all due diligence to
avoid contravening section 138J(9) of this Act,

the traffic commissioner may make one or more orders under
5subsection (1A)(a) or (d).”

(5) After subsection (1ZC) (inserted by Schedule 2) insert—

(1ZD) Where a traffic commissioner is satisfied that the operator of a local
service has failed to take all reasonable steps to comply with section
143B(1) or (2) of this Act the traffic commissioner may make one or
10more orders under subsection (1A)(a) or (d).”

7 (1) Section 160 (regulations and orders under Part 2) is amended as follows.

(2) In subsection (2), after “regulations under section 123A(4)(b) to (f)” (inserted
by Schedule 2 to this Act) insert “, 138F(10), 138G(9)”.

(3) In subsection (2A) (inserted by Schedule 2 to this Act), after “regulations
15under section 123A(4)” insert “, 138F(10), 138G(9)”.

8 In section 162 (interpretation of Part 2 of the Act), in subsection (1), at the
appropriate place insert—

  • ““enhanced partnership plan” and “enhanced partnership
    scheme” have the meaning given by section 138A,”.

9 (1) 20Schedule 10 (competition test: functions and agreements relating to buses) is
amended as follows.

(2) In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—

(a) after sub-paragraph (1)(b) (and before the “and”) insert—

(ba) making and varying enhanced partnership
25schemes”;

(b) after sub-paragraph (2)(b) (and before the “and”) insert—

(ba) in the case of the function of making or varying an
enhanced partnership scheme, once notice of a
proposal to make or vary it has been given under
30section 138F(1) or 138L(1)”.

(3) In paragraph 12 (enforcement of decisions of Competition and Markets
Authority), in sub-paragraph (2)(b), for “or a ticketing scheme” substitute",
a ticketing scheme or an enhanced partnership scheme”.

(4) In paragraph 17 (interpretation of Part 2 of Schedule 10), in sub-paragraph
35(5)(c), after “scheme” insert “, an enhanced partnership scheme”.