Legalize / United Kingdom / Public General Act

Transport Act 2000

Type Public General Act

Publication 2000-11-30

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

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

(a) the procedure to be followed when making, varying or revoking advanced quality partnership schemes,

(b) the content or operation of schemes which include—

(i) a requirement falling within section 113E(4)(b) or (5)(a), or

(ii) a requirement falling within section 113E(4)(a) or (5)(b) relating to an undertaking that would fall to be given under section 113C(4)(b),

(d) the conditions which must be, or may be, attached to such exclusions,

(e) the form and manner in which undertakings are to be given to a traffic commissioner in connection with schemes,

(f) the making of traffic regulation orders in connection with schemes, and

(g) such other incidental matters in connection with advanced quality partnership schemes as the Secretary of State thinks fit.

(2) The regulations may in particular make provision with respect to—

(a) giving notice of proposed schemes or proposed variations or revocation of schemes,

(b) objections to such proposals,

(d) modifications of such proposals,

(e) the form of schemes or variations, and

(f) giving notice of schemes which have been made or of the variation or revocation of schemes.

(3) As regards schemes which include or would include—

(a) a requirement described in subsection (1)(b)(i), or

(b) a requirement described in subsection (1)(b)(ii),

regulations under subsection (1)(a) or (b) may in particular make the provision referred to in subsection (4).

(4) The provision mentioned in subsection (3) is provision—

(a) for section 113E(7) or (8) not to apply in such circumstances as may be prescribed,

(b) in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 113I, for any such requirement not to take effect unless prescribed conditions are satisfied,

(c) as to the meaning of “admissible objection” for the purposes of section 113E(7) and (8) and subsection (5)(b) of this section,

(d) as to the meaning of “relevant operator” for those purposes, and

(e) as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator.

(5) As regards schemes which include a requirement described in subsection (1)(b)(i), regulations under subsection (1)(b) may also make provision—

(a) requiring such schemes to include provision—

(i) as respects the setting of frequencies, timings or maximum fares to which the requirements relate,

(ii) for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed,

(iii) for a maximum interval before any such requirements must next be reviewed,

(iv) as respects other circumstances in which any such requirements must or may be reviewed, and

(v) as respects revision of any such requirements after a review, and

(b) for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators.

(6) The revision of requirements as to frequencies, timings or maximum fares under any provision included in a scheme by virtue of regulations under subsection (5)(a) is not to be regarded as a variation of the scheme for the purposes of section 113L (variation or revocation of schemes).

(7) Nothing in subsection (5) or (6) is to be taken to derogate from what may be done under or by virtue of section 113L.

(8) The provision that may be made by virtue of subsection (4)(e) includes provision for and in connection with—

(a) the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph;

(b) the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination;

(i) by the Secretary of State to an adjudicator, or

(ii) by the Secretary of State or an adjudicator to an assessor,

of such remuneration as may be determined by or in accordance with the regulations.

113O

(1) The Secretary of State may issue guidance concerning the carrying out by local transport authorities whose areas are in England and metropolitan district councils of their functions under this Part in relation to advanced quality partnership schemes.

(2) Those authorities and councils must have regard to any such guidance.

Bus services: franchising schemes

123A

(1) A franchising authority, or two or more franchising authorities acting jointly, may make a franchising scheme covering the whole or any part of their area, or their combined area.

(2) A franchising scheme may not be made unless the franchising authority or authorities have complied with the requirements in sections 123B to 123G.

(3) A franchising scheme is a scheme—

(a) under which the authority or authorities identify the local services that they consider appropriate to be provided in an area under local service contracts,

(b) by virtue of which those local services may only be provided in that area in accordance with local service contracts (subject to section 123O),

(c) by virtue of which the authority or authorities may grant service permits for other local services which have a stopping place in that area (subject to section 123H(5)), and

(d) under which the authority or authorities identify additional facilities that they consider appropriate to provide in that area.

(4) In this Part “franchising authority” means a local transport authority whose area is in England.

(5) In this Part “local service contract”, in relation to a franchising scheme, means an agreement that complies with section 123K(1) to (3) under which—

(a) the franchising authority or authorities grant to another person the exclusive right to operate the local services to which the contract relates, and

(b) the person undertakes to provide the local services on such terms (including in particular as to frequency, fares and standard of service) as may be specified in the agreement.

(6) The terms as to standard of service that may be specified include terms about requirements which vehicles being used to provide the service must meet, including requirements about emissions or types of fuel or power.

(7) A local service contract may be made on terms which include provision for the making of payments by the authority or authorities to the person undertaking to provide the local service.

(8) Section 88(1) of the Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) does not apply in relation to local service contracts.

(9) A franchising scheme must include a description of the franchising authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working.

(10) A franchising authority's functions under this Part in relation to a franchising scheme are excluded from the functions to which section 101(1)(b) of the Local Government Act 1972 applies, where the franchising authority is a local authority within the meaning of section 101 of the Local Government Act 1972.

123B

(1) A franchising authority or authorities that propose to make a franchising scheme covering the whole or any part of their area, or combined area, must prepare an assessment of the proposed scheme.

(2) The assessment must—

(a) describe the effects that the proposed scheme is likely to produce, and

(b) compare making the proposed scheme to one or more other courses of action.

(3) The assessment must also include consideration of—

(a) whether the proposed scheme would contribute to the implementation of—

(i) the authority's or authorities' policies under section 108(1)(a), and

(ii) other policies affecting local services that the authority or authorities have adopted and published,

(b) whether the proposed scheme would contribute to the implementation—

(i) by neighbouring local transport authorities of those authorities’ policies under section 108(1)(a), and

(ii) by neighbouring relevant local authorities of other policies affecting local services that those authorities have adopted and published,

(d) whether the authority or authorities would be able to afford to make and operate the scheme,

(e) whether the proposed scheme would represent value for money, and

(f) the extent to which the authority or authorities are likely to be able to secure that local services are operated under local service contracts.

(4) Subsections (2) and (3) do not prevent inclusion of other matters.

(5) The Secretary of State must issue guidance concerning the preparation of an assessment under this section, and that guidance may, in particular, include guidance about methods to be used when assessing a proposed scheme.

(6) Franchising authorities must have regard to any such guidance.

(7) In this section “relevant local authority” means—

(a) a local transport authority,

(b) a London transport authority, ...

(ba) a Transport Partnership created under the Transport (Scotland) Act 2005, or.

123C

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Before preparing an assessment of a proposed franchising scheme under section 123B, a franchising authority or authorities must publish, in such manner as they consider appropriate, a notice stating that they intend to prepare such an assessment.

123D

(1) If, after preparing an assessment of a proposed franchising scheme under section 123B, the authority or authorities wish to proceed with the proposed scheme, they must obtain a report from an independent auditor on that assessment.

(2) The auditor's report must state whether, in the opinion of the auditor—

(a) the information relied on by the authority or authorities in considering the matters referred to in section 123B(3)(d) or (e) is of sufficient quality,

(b) the analysis of that information in the assessment is of sufficient quality, and

(3) The Secretary of State must issue guidance as to the matters to be taken into account by a franchising authority when selecting a person to act as an auditor.

(4) Franchising authorities must have regard to any such guidance.

(5) The Secretary of State must issue guidance concerning the matters to be taken into account by an auditor when forming an opinion as to whether the information relied on, and the analysis of that information, by an authority is of sufficient quality for the purposes of subsection (2).

(6) Auditors must have regard to any such guidance.

(7) For the purposes of this section an auditor is independent, in relation to an assessment of a proposed franchising scheme, if the person would not be disqualified from acting as local auditor of the accounts of the franchising authority, or any of the franchising authorities, under section 1214 of the Companies Act 2006 as substituted by paragraph 5 of Schedule 5 to the Local Audit and Accountability Act 2014.

(8) In this section “auditor” means a person eligible for appointment as a local auditor by virtue of Chapter 2 of Part 42 of the Companies Act 2006 as modified by Schedule 5 to the Local Audit and Accountability Act 2014.

123E

(1) This section applies if, after obtaining an auditor's report under section 123D, the authority or authorities wish to proceed with the proposed franchising scheme.

(2) The authority or authorities must—

(a) publish a consultation document relating to the proposed scheme (see section 123F),

(b) publish the assessment of the proposed scheme,

(d) give notice of the proposed scheme in such manner as the authority or authorities consider appropriate for bringing it to the attention of persons in the area to which it relates.

(3) A notice under subsection (2)(d) must—

(a) describe the proposed scheme, and

(b) state where copies of the proposed scheme and the documents mentioned in subsection (2)(a) to (c) may be inspected.

(4) After giving notice under subsection (2)(d), the authority or authorities must consult—

(a) all persons operating local services which have one or more stopping places in the area or areas to which the proposed scheme relates,

(b) all other persons holding a PSV operator's licence or a community bus permit who would, in the opinion of the authority or authorities, be affected by the proposed scheme,

(c) such persons as appear to the authority or authorities to represent employees of persons falling within paragraph (a),

(d) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(da) such persons with disabilities (within the meaning given by section 6 of the Equality Act 2010) who are users or prospective users of local services, or such organisations appearing to the authority or authorities to be representative of such persons, as they think fit,

(db) the Welsh Ministers if, in the opinion of the authority or authorities, any part of Wales would be affected by the proposed scheme,

(e) any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by the proposed scheme,

(f) a traffic commissioner,

(g) the chief officer of police for each police area covering the whole or part of an area to which the proposed scheme relates,

(h) the Passengers' Council, and

(i) the Competition and Markets Authority.

(5) In subsection (4)(e) “relevant local authority” means—

(a) a local transport authority,

(b) a district council,

(d) the Broads Authority,

(e) a London transport authority, ...

(ea) a Transport Partnership created under the Transport (Scotland) Act 2005, or

(f) a council in Scotland.

(6) The authority or authorities may modify the proposed scheme after consulting those persons and organisations.

123F

(1) A consultation document under section 123E(2)(a) relating to a proposed franchising scheme must include—

(a) a description of the area to which the proposed scheme relates,

(b) a description of areas within that area for which different provision is proposed to be made, if such provision is proposed to be included in the proposed scheme,

(d) a description of the local services that are proposed to be excepted from regulation arising because of the proposed scheme,

(e) the date on which the scheme is proposed to be made,

(f) the date or dates by which it is proposed that local service contracts first be entered into,

(g) the period or periods it is proposed will expire between the making of local service contracts and the provision of local services under such contracts,

(h) a description of the authority's or authorities' proposed plans for consulting in order to seek views on how well the scheme is working,

(i) a statement about how, in conducting the procurement process for the provision of local services, the authority or authorities propose to facilitate the involvement of small and medium-sized operators in the provision of local services, and

(j) the date by which responses to the consultation must be received.

(2) The consultation document must also include a summary of the assessment prepared under section 123B in relation to the proposed scheme.

123G

(1) A franchising authority or authorities that conduct a consultation under section 123E must publish a report setting out—

(a) the authority's or authorities' response to the consultation;

(b) the authority's or authorities' decision on whether to make a franchising scheme covering the whole or any part of their area or combined area.

(2) The authority or authorities must give notice of the report to a traffic commissioner.

(3) If the authority or authorities decide to make a franchising scheme, the report must set out how, in conducting the procurement process for the provision of local services, the authority or authorities will facilitate the involvement of small and medium-sized operators in the provision of local services.

(4) If a franchising authority are a mayoral combined authority, the function of deciding whether to make a proposed franchising scheme is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to make a scheme jointly with one or more other franchising authorities).

(5) If a franchising authority are a mayoral CCA, the function of deciding whether to make a proposed franchising scheme is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority (including in a case where the decision is to make a scheme jointly with one or more other franchising authorities).

123H

(1) If the authority or authorities publishing a report under section 123G have decided to make a franchising scheme covering the whole or any part of their area or combined area, they must make the scheme, and publish it, at the same time as the report under section 123G.

(2) The scheme must specify—

(a) the area to which the scheme relates,

(b) the local services intended to be provided under local service contracts,

(c) the date on which local service contracts relating to local services may first be entered into (subject to subsection (3)(b)), and

(d) the minimum period that is to expire between the making of a local service contract and the provision of a local service under the contract (subject to subsection (3)(c)).

(2A) Where a scheme specifies more than one area under subsection (2)(a), the areas specified need not be contiguous.

(2B) Local services may be specified for the purposes of subsection (2)(b)—

(a) by reference to the routes or places intended to be served,

(b) by describing the intended services in general terms,

(d) in such other way as the authority or authorities think fit so as to enable the intended services to be identified.

(3) The scheme may specify—

(a) areas within the area to which the scheme relates (“scheme sub-areas”),

(b) for each scheme sub-area, the date on which a local service contract to provide a local service in that scheme sub-area may first be entered into, and

(c) for each scheme sub-area, the minimum period that is to expire between the making of a local service contract to provide such a service and the provision of such a service under the contract.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subject to regulations under section 123U, the scheme may except from regulation arising because of the scheme—

(a) local services specified in the scheme, and

(b) local services of a class specified in the scheme.

(6) If the franchising scheme relates to an area to which a relevant scheme or plan also relates, the franchising scheme must include—

(a) in a case where the relevant scheme or plan relates only to the area to which the franchising scheme relates or a part of that area, provision revoking the relevant scheme or plan, or

(b) in any other case, provision varying the relevant scheme or plan so that it ceases to relate to any part of the area to which the franchising scheme relates.

(7) A franchising scheme may not otherwise vary a relevant scheme or plan.

(8) In subsections (6) and (7)—

“relevant plan” means an enhanced partnership plan, and

“relevant scheme” means an advanced quality partnership scheme or an enhanced partnership scheme.

(9) If provision is made under subsection (6)(b) to vary an enhanced partnership plan or scheme so that it ceases to relate to an area, the local transport authority or authorities to whose area or combined area the plan or, in the case of a scheme, the related plan continues to relate may vary the plan or, as the case may be, the scheme in such manner as they consider appropriate in consequence of the provision made under subsection (6)(b).

(10) Section 138K(3) applies, and section 138K(4), (5) and (8) do not apply, to a variation under subsection (9).

123I

(1) If it appears to the authority or authorities that have made a franchising scheme appropriate to do so, they may decide that—

(a) the date specified under section 123H(2)(c), or

(b) a date specified under section 123H(3)(b),

is to be postponed (or further postponed).

(2) Before making such a decision they must (if possible) consult—

(a) persons operating local services who would, in their opinion, be affected by the decision;

(b) other persons whom, in their opinion, it would be appropriate to consult.

(3) Within a period of 14 days beginning with the date on which any such decision is made they must give notice of the decision—

(a) in such manner as they consider appropriate for drawing it to the attention of persons in the area to which it relates,

(b) to all persons operating local services who would, in their opinion, be affected by the decision, and

(4) The notice must include a statement of the reasons for making the decision.

123J

(1) Where a franchising scheme has been made, subsections (2) and (3) apply as soon as the effective time of any local service contract to which the franchising scheme relates is reached, subject to subsection (4).

(2) Sections 6 to 9 of the Transport Act 1985 (registration of local services) do not have effect in relation to the area to which the franchising scheme relates.

(3) No local service may be provided in the area to which the franchising scheme relates (if there is a stopping place for the service in that area) unless—

(a) it is provided under a local service contract,

(b) it is an interim service (see section 123O), or

(4) If the scheme provides for scheme sub-areas, subsections (2) and (3) apply in relation to each scheme sub-area as soon as the effective time of any local service contract for the provision of a local service in that scheme sub-area is reached, as if references in subsections (2) and (3) to the area to which the scheme relates were references to the scheme sub-area.

(5) Subsections (2) and (3) do not apply in relation to—

(a) a local service which is excepted from regulation arising because of the proposed scheme by any provision of the scheme that is made under section 123H(5), ...

(b) the use of a vehicle under a permit granted under section 22 of the Transport Act 1985 , or

(6) If it appears to a franchising authority that—

(a) a person is operating or has operated a local service in contravention of subsection (3), and

(b) in operating that local service, the person is failing or has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening subsection (3),

the authority must inform a traffic commissioner.

(7) The effective time, in relation to a local service contract, is the beginning of the day on which a local service may first be provided under the contract (see sections 123K(4) and 123L).

(8) A service falls within this subsection if it is a local service provided under an agreement entered into, where a service for the carriage of passengers by railway or tramway has been temporarily interrupted—

(a) under section 40 of the Railways Act 2005 (substitute road services), or

(b) with the person who usually provides the railway or tramway service.

123K

(1) If a franchising scheme covers the whole or part of the combined area of two or more franchising authorities, a local service contract for a local service specified in the scheme is to be entered by the authorities acting jointly.

(2) A franchising authority or authorities may only enter into a local service contract with a person who is the holder of either—

(a) a PSV operator's licence, or

(b) a community bus permit.

(3) But subsection (2)(a) does not include a licence to which a condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licences) prohibiting the holder from using vehicles under the licence to provide local services of all descriptions or of any description to which the condition relates.

(4) A person may not provide a local service under a local service contract until—

(a) the expiry of the period that, under the scheme, must expire between the making of the contract and the provision of the local service under the contract (see section 123H(2)(d) and (3)(c)), or

(b) such later time as may be specified in the contract.

(5) Subsection (4) is subject to section 123L.

(6) If—

(a) a franchising authority or authorities enter into a local service contract, and

(b) the contract is—

(i) the first contract for the provision of a local service specified in the scheme that is entered into, or

(ii) for any scheme sub-area, the first contract for the provision of a local service specified in relation to that scheme sub-area that is entered into,

they must give notice of the contract to a traffic commissioner.

(7) A notice under subsection (6) must be given within a period of 14 days beginning with the date on which the local service contract in question is entered into.

123L

(1) A local service contract may specify as the time when a local service may first be provided under the contract a time before the expiry of such period as is described in section 123K(4)(a), and that service may be provided from that time, if the authority or authorities determine that action is urgently required for the purpose of—

(a) maintaining an existing service,

(b) securing the provision of a service in place of a service which has ceased to operate, or

(c) securing the provision of a service to meet any public transport requirement which has arisen unexpectedly and ought in the opinion of the authority to be met without delay.

(2) A determination under subsection (1) must be made at or before the time that the authority or authorities enter into the contract.

123M

(1) The franchising authority or authorities operating a franchising scheme may vary, or acting jointly may vary, the scheme.

(2) If the authority or authorities decide to vary a franchising scheme, the authority or authorities must—

(a) publish a notice of the decision, and

(b) give notice of the decision to a traffic commissioner.

(3) The notice of the decision must state the date or dates on which the variations of the scheme are to have effect.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The notice must be published, and notice must be given to a traffic commissioner, within a period of 14 days beginning with the date on which the decision was made.

(6) If a franchising authority are a mayoral combined authority, the function of deciding whether to make a proposed variation is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to act jointly to vary a scheme).

(6A) If a franchising authority are a mayoral CCA, the function of deciding whether to make a proposed variation is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority (including in a case where the decision is to act jointly to vary a scheme).

(7) The references in subsections (1) to (6A) and Schedule 9A to the franchising authority or authorities in relation to a franchising scheme include a reference to a franchising authority who are not operating the scheme but would do so under a proposed variation.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

123N

(1) The franchising authority or authorities operating a franchising scheme may revoke, or acting jointly may revoke, the franchising scheme.

(2) The authority or authorities may revoke the scheme only if they are satisfied that—

(a) local services which have one or more stopping places in the area to which the scheme relates are likely to be better if the scheme did not apply,

(b) the continued operation of the scheme is likely to cause financial difficulties for the authority or any of the authorities, or

(3) If the authority or authorities decide to revoke a franchising scheme, the authority or authorities must—

(a) publish a notice of the decision, and

(b) give notice of the decision to a traffic commissioner.

(4) The notice of the decision must state the date on which the revocation is to have effect.

(5) The date of revocation must fall after a period of six months beginning with the date on which notice of the decision is published.

(6) The notice must be published, and notice must be given to a traffic commissioner, within a period of 14 days beginning with the date on which the decision was made.

(7) If a franchising authority are a mayoral combined authority, the function of deciding whether to make a proposed revocation is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority (including in a case where the decision is to act jointly to revoke a scheme).

(7A) If a franchising authority are a mayoral CCA, the function of deciding whether to make a proposed revocation is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority (including in a case where the decision is to act jointly to revoke a scheme).

(8) The revocation of a franchising scheme is subject to the same procedure as the making of a franchising scheme, except that—

(a) the procedure may be modified or excluded in its application to the revocation of a scheme by regulations under section 123U, and

(b) section 123G(3) does not apply.

123O

(1) This section applies if—

(a) a franchising authority or authorities have entered into a local service contract with another person (“the operator”) about providing a local service (“the original service”) for a period, and

(b) the operator fails to provide the original service or ceases to provide the original service before the end of the period.

(2) The authority, or any one of the authorities, may provide a local service (an “interim service”) in the place of the original service or a part of it.

(3) Subsection (2) has effect notwithstanding any prohibition, restriction or limitation on the power of the authority to provide local services contained in any other enactment ....

(4) A franchising authority providing an interim service must have a PSV operator's licence to which no condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licence) prohibiting the authority from using vehicles under the licence to provide services of that description.

(5) A franchising authority may not provide an interim service after the end of the period of six months beginning with the day on which the authority begins to provide the service, subject to subsection (7).

(6) If—

(a) an interim service is provided, and

(b) the authority or authorities decide to enter into a local service contract with another person for the provision of a local service (a “replacement service”) that would replace the original service or a part of it,

section 123K(4) does not apply in relation to the provision of the replacement service.

(7) If the authority or authorities enter into a local service contract for the provision of a replacement service, the authority or the authority providing the interim service may continue to provide it until the replacement service begins to be provided.

(8) An interim service or replacement service need not be identical to the original service, or the part of the original service, that is replaced by the interim service or the replacement service (and such a change is not to be regarded as a variation of the scheme for the purposes of section 123M).

(9) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

123P

(1) This section applies where a franchising scheme covers the whole or part of the area or combined area of a franchising authority or authorities.

(2) The authority or authorities, acting jointly, may grant a permit (a “service permit”) authorising a person to provide a local service in the area to which the scheme relates.

123Q

(1) An application for a service permit authorising a person to provide a particular local service in an area to which a franchising scheme relates must be made in such manner as the authority or authorities operating the scheme may determine.

(2) An application must be accompanied by such information as the authority or authorities operating the scheme may specify.

(3) If the authority or authorities so require, an application for a service permit must be accompanied by a fee for processing the application of an amount that is determined in accordance with regulations made by the Secretary of State.

(4) Regulations under subsection (3) may specify the maximum amount of the fee.

(5) The authority or authorities must grant the service permit applied for if they are satisfied that—

(a) the proposed service will benefit persons making journeys on local services which have one or more stopping places in the area to which the scheme relates, and

(b) the proposed service will not have an adverse effect on any local service that is provided under a local service contract in the area to which the scheme relates.

(5A) If the application is for a service permit for a cross-boundary service, the authority or authorities may grant the permit applied for if they are satisfied that—

(a) the benefits to persons making journeys on the proposed service will outweigh any adverse effect on any local service that is provided under a local service contract in the area to which the scheme relates, or

(b) the benefits of the proposed service to the economy of the relevant area, or to persons living in that area, will outweigh any such adverse effect.

(5B) If the application is for a service permit for a service that is not a cross-boundary service, the authority or authorities may grant the permit applied for if they are satisfied that the benefits of the proposed service to the economy of the area to which the scheme relates, or to persons living in that area, will outweigh any adverse effect on any local service that is provided under a local service contract in that area.

(6) The authority or authorities may not grant the service permit applied for except under subsection (5), (5A) or (5B).

(7) If the authority or authorities do not grant a service permit, they must give notice of their reasons to the applicant within a period of ten days beginning with the date on which they decide not to grant the service permit.

(8) In this section—

“cross-boundary service”, in relation to a franchising scheme, means a service that—has one or more stopping places in the area to which the scheme relates, andhas one or more stopping places outside that area;

“relevant area”, in relation to a cross-boundary service, means the combined area of each—local transport authority,council in Scotland, andTransport Partnership created under the Transport (Scotland) Act 2005,in which the service has a stopping place.

123R

(1) A franchising authority or authorities may publish a notice specifying the conditions, or descriptions of conditions, that they may attach to a service permit.

(2) A franchising authority or authorities may—

(a) withdraw a notice under subsection (1), and

(b) if an earlier notice under subsection (1) is withdrawn, publish another notice under subsection (1).

(3) A franchising authority or authorities may only specify in a notice under subsection (1) conditions that are specified, or are of a description specified, in regulations made by the Secretary of State.

(4) Regulations under subsection (3) may in particular provide for conditions requiring holders of service permits to participate in ticketing arrangements.

(5) Before the authority or authorities publish a notice under subsection (1) (or withdraw such a notice), they must consult—

(a) persons operating local services which have one or more stopping places in the area to which the scheme relates, and

(b) other persons whom, in their opinion, it would be appropriate to consult.

(6) If a notice under subsection (1) is published, the franchising authority or authorities may attach to—

(a) a service permit granted by them after the notice is published, or

(b) a service permit already granted by them,

conditions, or conditions of a description, specified in the notice.

(7) If a notice under subsection (1) is withdrawn, conditions attached to service permits granted by the franchising authority or authorities before it was withdrawn cease to have effect (subject to being attached again under subsection (6)(b)).

(8) If the authority or authorities grant a service permit with conditions, they must give notice of their reasons for doing so to the applicant within a period of 14 days beginning with the date on which they grant the service permit with those conditions.

(9) If the authority or authorities attach conditions to a service permit after it is granted, they must give notice of their reasons for doing so to the holder of the service permit within a period of 14 days beginning with the date on which they attach those conditions.

123S

(1) A franchising authority or authorities may revoke or suspend a service permit granted by them.

(2) The grounds on which a franchising authority or authorities may revoke or suspend a service permit are—

(a) if the permit was granted under subsection (5) of section 123Q, that a matter in paragraph (a) or (b) of that subsection is not satisfied as regards the service to which the service permit relates,

(aa) if the permit was granted under subsection (5A) or (5B) of that section, that the authority or authorities are no longer satisfied as mentioned in the subsection in question,

(b) that the holder of the service permit has failed to comply with a condition attached to the service permit, and

(3) The Secretary of State may by regulations make provision about the period of notice that must expire before a revocation or suspension takes effect.

(4) The regulations may, in particular, enable a franchising authority or authorities to revoke or suspend a service permit with immediate effect if the permit is revoked or suspended on the ground mentioned in subsection (2)(c).

(5) A service permit is of no effect during a period of suspension.

123T

(1) A person whose application for a service permit is refused may appeal against the refusal.

(2) A person who is granted a service permit with conditions may appeal against the attaching of the conditions or any of them.

(3) A person to whose service permit conditions are attached after the service permit is granted may appeal against the attaching of the conditions or any of them.

(4) A person whose service permit is revoked or suspended may appeal against the revocation or suspension.

(5) An appeal under subsection (1), (2), (3) or (4) is to be made to a traffic commissioner.

(6) On an appeal under subsection (1), (2), (3) or (4), a traffic commissioner may—

(a) uphold the decision,

(b) quash the decision, or

(7) The Secretary of State may by regulations make provision about appeals under this section including, in particular, provision—

(a) as to the time within which an appeal to a traffic commissioner must be brought,

(b) enabling a traffic commissioner to hold a hearing,

(d) as to the time within which a hearing must be held, and

(e) as to the time within which an appeal must be determined.

(8) A person may appeal to the Upper Tribunal against a decision of a traffic commissioner under subsection (6).

(9) For 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 who appealed under subsection (1), (2), (3) or (4),

(b) the franchising authority or authorities whose decision was appealed, and

123U

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

(a) the procedure to be followed when making, varying or revoking franchising schemes,

(b) the local services or classes of local services which are to be, or may be, excepted from regulation arising because of the scheme, and

(2) The regulations may in particular make provision with respect to—

(a) giving notice of proposed schemes or the proposed variation or revocation of schemes,

(b) modifications of such proposals,

(d) giving notice of schemes which have been made or of the variation or revocation of schemes.

(3) The Secretary of State may by regulations make further provision with respect to service permits.

(4) The Secretary of State may also make regulations modifying or excluding the application of provisions of this Part, so far as relating to franchising schemes, in cases where a franchising authority, or two or more franchising authorities acting jointly—

(a) propose or decide to vary or revoke a scheme under section 123M or 123N, or

(b) having varied a scheme under section 123M, propose or decide to postpone a date on which a local service contract to provide a local service specified in the scheme may first be entered into.

123V

(1) The Secretary of State may by regulations make such transitional provision as the Secretary of State considers appropriate in connection with—

(a) the making of franchising schemes,

(b) the application of section 123J in relation to an area (effect of local service contracts: sections 6 to 9 of the Transport Act 1985 and provision of services),

(d) the revocation of franchising schemes.

(2) The 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 etc), which would 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,

in relation to the whole or any part of the area to which the scheme relates.

(3) Regulations made by virtue of subsection (2) may in particular provide for the period in section 6(8)(a) of the Transport Act 1985 to be, for applications to vary or cancel the registration of services that have one or more stopping places in the area to which a franchising scheme relates, the period specified in a notice issued by the authority or authorities that made the franchising scheme.

(4) The regulations may impose requirements in relation to notices issued as mentioned in subsection (3) that include (but are not limited to) requirements—

(a) as to the time when the notice may be issued,

(b) as to the publication of the notice,

(d) as to the period, not exceeding 112 days, that may be specified in the notice.

(5) Regulations made by virtue of subsection (2) may in particular provide for cases where local services continue to be provided in an area under local service contracts after a franchising scheme—

(a) is revoked, or

(b) is varied so as no longer to relate to that area.

(6) The regulations may—

(a) prohibit the registration of a service, or a variation of the registration of a service, under section 6 of the Transport Act 1985 so far as the service, or the service as varied, would be provided in that area, except in a case where the service, or the service as varied, would be a service that, under the scheme as it had effect before it was revoked or varied, could have been provided in that area under a local service contract, and

(b) require a traffic commissioner to register a service on an application by a person who, immediately before the scheme was revoked or varied, provided the same service under a service permit.

(7) Any regulations made by virtue of subsection (1)(a) are not to have effect in the case of any franchising scheme as respects any time before the making of the scheme.

123W

(1) The Secretary of State may issue guidance concerning the exercise by franchising authorities of their functions under this Part in relation to franchising schemes.

(2) Franchising authorities must have regard to any such guidance.

123X

(1) Subsection (3) applies to a situation in which—

(a) at the effective time of a local service contract, local services cease to be provided by a person (the “former operator”) in—

(i) the area to which the relevant franchising scheme relates, or

(ii) in the case of a franchising scheme which provides for scheme sub-areas, the relevant scheme sub-area,

in accordance with section 123J(3), and

(b) at the same time, a person (the “new operator”) begins to provide local services in that area under that local service contract.

(2) Subsection (3) also applies to a situation in which—

(a) local services which, at the effective time of a local service contract, a person (the “former operator”) would be required by section 123J(3) to cease providing in—

(i) the area mentioned in subsection (1)(a)(i), or

(ii) the area mentioned in subsection (1)(a)(ii) (as the case may be),

cease to be provided by the former operator before the effective time of that local service contract, and

(b) at the same time as those local services cease to be provided by the former operator, a person (the “new operator”) begins to provide local services in that area under an agreement which the authority or authorities operating the relevant franchising scheme entered into by reason of the cessation of the local services referred to in paragraph (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) For 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 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 transfer 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) The 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 provision 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 provision 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 a franchising scheme relates to provide the authority or authorities operating the scheme with such 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 operating a franchising 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 subsection;

(e) provision requiring the authority or authorities operating a franchising scheme to ensure that any local service contract entered into with a person under the scheme, or any other agreement made with a person for the provision of local 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 employee 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 by the employee.

(8) For the purposes of this section—

(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) “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 regulations.

(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 transferring 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) are 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) For the purposes of subsection (9)—

“transferring original employee” means a transferring employee—who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant franchising scheme relates, andwhose contract of employment—was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, oron 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 services in the area referred to in paragraph (a);

“relevant date”, in relation to a franchising scheme, means—the date on which the scheme was made, orwhere—the local services being provided by the original operator were not subject to the scheme when it was made, andas a result of the variation of the scheme, those services became subject to the scheme,the date on which that variation was made;

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

Power of authorities to provide services in exceptional circumstances

Transitional provision about schemes.

Bus services: advanced ticketing schemes

134C

(1) A local transport authority whose area is in England, or two or more such authorities acting jointly, may make a ticketing scheme (an “advanced ticketing scheme”) covering the whole or any part of their area, or combined area, if they consider that the proposed scheme—

(a) would be in the interests of the public, and

(b) would contribute to the implementation of their local transport policies.

(2) An advanced ticketing scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 134D.

(3) An advanced ticketing scheme is a scheme under which operators of local services of a class specified in it are required to make and implement arrangements under which persons may purchase, in a single transaction, a ticket (or tickets) of any of the descriptions which may be covered by an advanced ticketing scheme and to which the scheme applies.

(4) The descriptions of tickets which may be covered by an advanced ticketing scheme are—

(a) tickets entitling the holder to make more than one journey on particular local services or on local services of a class specified in the scheme (whether or not operated by the same person),

(b) tickets entitling the holder to make a particular journey on two or more local services (whether or not operated by the same person),

(c) where a particular journey could be made on local services provided by any of two or more operators, tickets entitling the holder to make the journey on whichever service the holder chooses, and

(d) tickets entitling the holder to make a journey, or more than one journey, involving both travel on one or more local services and travel by one or more connecting rail or tram services.

(5) A connecting rail or tram service, in relation to an advanced ticketing scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between—

(a) a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the ticketing scheme relates, and

(b) any other place.

(6) The arrangements in an advanced ticketing scheme may make provision for different types of ticket including, in particular—

(a) tickets that are valid for a specified period, and

(b) tickets that are valid only in a specified area.

(7) The arrangements in an advanced ticketing scheme may include—

(a) provision about enabling tickets to be purchased or fares to be paid in particular ways,

(b) provision about the persons from whom tickets may be purchased or to whom fares may be paid,

(d) provision about providing information about the arrangements to the public,

(e) provision about publicising local services, fares or ticketing arrangements provided or made available by any operator of a local service of a class specified in the scheme, and

(f) provision as to the appearance of tickets.

(8) Different arrangements may be specified in an advanced ticketing scheme for different cases.

(9) In carrying out their functions under this Part in relation to advanced ticketing schemes, local transport authorities whose areas are in England must co-operate with one another.

(10) In carrying out their functions under this Part in relation to making or varying advanced ticketing schemes, local transport authorities must have regard to the desirability, in appropriate cases, of having a ticketing scheme that—

(a) facilitates journeys between the area to which the ticketing scheme applies and adjoining areas of England, or

(b) facilitates the adoption of similar ticketing arrangements in adjoining areas of England.

(11) In considering whether to make or vary an advanced ticketing scheme under this section, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.

134D

(1) If a local transport authority for an area in England, or two or more such authorities, propose to make an advanced ticketing scheme under section 134C, they must give notice of the proposed scheme in such manner as they consider appropriate for bringing it to the attention of persons in the area to which it relates.

(2) The notice must specify the date on which the scheme is proposed to come into operation.

(3) After giving notice of the proposed scheme, the authority or authorities must consult—

(a) all operators of local services who would, in the opinion of the authority or authorities, be affected by it,

(b) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(c) any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by the proposed scheme,

(d) the Passengers' Council,

(e) the Competition and Markets Authority, and

(f) a traffic commissioner.

(4) For the purpose of subsection (3)(c) the following are relevant local authorities—

(a) local transport authorities,

(b) district councils in England,

(d) the Broads Authority,

(e) London transport authorities, and

(f) councils in Scotland.

134E

(1) If, after consulting in accordance with section 134D, the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.

(2) If the scheme applies to tickets within section 134C(4)(d), it may only be made with the agreement of the operators of the connecting rail or tram services concerned.

(3) The scheme must specify the date on which it is to come into operation, which must not be earlier than three months after the date on which it is made.

(4) Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of the making of the scheme—

(a) in such manner as they consider appropriate for bringing it to the attention of persons in the area to which it relates,

(b) to a traffic commissioner,

(c) to all operators of local services or services for the carriage of passengers by railway or by tramway (or by both) who would, in the opinion of the authority or authorities, be affected by it, and

(d) to the Secretary of State if it applies to tickets within section 134C(4)(d).

(5) The notice must set out the terms of the scheme and the date on which it is to come into operation.

(6) The authority or authorities to whose area or combined area the scheme relates may vary or revoke the scheme.

(7) If the proposed variation would result in the scheme relating to all or part of the area of another local transport authority, the reference in subsection (6) to the authority or authorities includes that other authority.

(8) The variation or revocation is subject to the same procedure as the making of the scheme and in the application of that procedure—

(a) a reference in sections 134C(1) to (9) and 134D and subsections (1) to (5) to making a scheme is to be treated as a reference to varying or revoking a scheme,

(b) a reference in those provisions to the proposed scheme is to be treated as a reference to the scheme as proposed to be varied or to the proposed revocation of the scheme, and

(c) a reference in those provisions to the date on which a scheme comes into operation is to be treated as a reference to the date on which the scheme as varied comes into operation or the date on which the scheme comes to an end.

134F

During any period in which an advanced ticketing scheme is in operation, operators of local services to which the scheme relates must make and implement the arrangements required by the scheme.

134G

(1) The Secretary of State may issue guidance concerning the exercise by local transport authorities of their functions under this Part in relation to advanced ticketing schemes.

(2) The authorities must have regard to any such guidance in exercising those functions.

Bus services: enhanced partnership plans and schemes

138A

(1) A local transport authority whose area is in England, or two or more such authorities acting jointly, may make—

(a) an enhanced partnership plan in relation to the whole or part of their area, or combined area, and

(b) one or more enhanced partnership schemes relating to the whole or part of the area to which the plan relates.

(2) A local transport authority or authorities who have made an enhanced partnership plan may make further enhanced partnership schemes relating to the whole or part of the area to which the plan relates.

(3) An enhanced partnership plan is a plan that—

(a) specifies the area and the period to which the plan relates,

(b) sets out an analysis of the local services provided in that area,

(ba) lists which of those local services the authority or authorities consider are socially necessary local services,

(d) sets out objectives as regards the quality and effectiveness of local services provided in that area by reference to that period,

(e) describes how the related enhanced partnership scheme or schemes is or are intended to assist in implementing those policies and achieving those objectives, and

(f) describes the intended effect of the related enhanced partnership scheme or schemes on areas neighbouring the area to which the plan relates.

(4) An enhanced partnership plan must state whether the plan is to be reviewed and, if so—

(a) specify how it is to be reviewed, and

(b) specify the dates by which reviews are to be completed.

(4A) A review under subsection (4) is not to include a review of the list of socially necessary local services required by subsection (3)(ba); but the authority or authorities must keep that list under review and amend it from time to time as appears to them to be necessary.

(5) An enhanced partnership scheme is a scheme that—

(a) specifies the area to which the scheme relates, and

(b) imposes requirements in relation to local services that have one or more stopping places in that area by specifying them in the scheme (see sections 138C and 138CA).

(6) An enhanced partnership scheme may also—

(a) require the authority or authorities to provide particular facilities in the area to which the scheme relates (see section 138D),

(b) require the authority or authorities to take particular measures in relation to local services in the whole or part of that area (see section 138D), and

(7) An enhanced partnership scheme must state whether the operation of the scheme is to be reviewed and, if so—

(a) specify how it is to be reviewed, and

(b) specify the dates by which reviews are to be completed.

(8) An enhanced partnership plan must include a description of the authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the plan and any related scheme are working.

(9) An enhanced partnership scheme may not be made unless the authority or authorities are satisfied that the scheme will contribute to the implementation of—

(a) the policies set out in the related enhanced partnership plan, and

(b) their local transport policies.

(10) An enhanced partnership scheme may not be made unless the authority or authorities are satisfied that the scheme will—

(a) bring benefits to persons using local services in the whole or any part of the area to which the scheme relates by improving the quality or effectiveness of those services, or

(b) reduce or limit traffic congestion, noise or air pollution.

(11) An enhanced partnership plan or scheme may not be made unless the authority or authorities have complied with the requirements in—

(a) section 138F (preparation, notice and consultation), and

(b) section 138G(1) to (4) (making of plan and scheme).

(12) An enhanced partnership plan may not be made without also making an enhanced partnership scheme.

(13) In carrying out their functions under this Part in relation to enhanced partnership plans or schemes local transport authorities must co-operate with each other.

(14) Before making an enhanced partnership plan, a local transport authority must have regard to the desirability, in appropriate cases, of making an enhanced partnership plan and enhanced partnership schemes jointly with one or more other local transport authorities.

(15) In this section and section 138C “socially necessary local service”, in relation to the area to which an enhanced partnership plan relates, means a local service which—

(a) enables passengers to access—

(i) essential goods and services,

(ii) economic opportunities (including employment), or

(iii) social activities, and

(b) if cancelled, is likely to have a material adverse effect on the ability of passengers to access those goods, services, opportunities or activities.

138B

(1) Subsection (2) applies if—

(a) the provision of any of the facilities specified in an enhanced partnership scheme, or

(b) the taking of any of the measures specified in such a scheme,

requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State is the traffic authority).

(2) Where this subsection applies, the scheme may not be made unless it is made by—

(a) the local transport authority or authorities, and

(b) the metropolitan district council for the district,

acting jointly.

(3) Subsection (4) applies if—

(a) the provision of any of the facilities specified in an enhanced partnership scheme, or

(b) the taking of any of the measures specified in such a scheme,

requires the making of a traffic regulation order in respect of a road for which the Secretary of State is the traffic authority.

(4) Where this subsection applies, the scheme may not be made unless it is made by—

(a) the local transport authority or authorities, and

(b) the Secretary of State,

acting jointly.

(5) Where subsection (2) or (4) applies so that a metropolitan district council or the Secretary of State makes an enhanced partnership scheme, then (subject to section 138N) the references to the authority or authorities in—

(a) sections 138A(6) and (11),

(b) sections 138F to 138J,

(d) sections 138L and 138M,

(e) section 138O, and

(f) paragraph 27(4) of Schedule 9 to the Road Traffic Regulation Act 1984,

include (as well as the local transport authority or authorities) the metropolitan district council or the Secretary of State.

(6) Subsection (5) is not to be taken as affecting the area indicated by references in the provisions mentioned in that subsection to the authority's or authorities' area or combined area.

138C

(1) An enhanced partnership scheme may specify under section 138A(5)(b) requirements about the frequency or timing of particular local services or local services of particular descriptions.

(2) A requirement falling within subsection (1) may, in particular, determine the frequency or timing allowed in relation to a local service—

(a) by reference only to that service, or

(b) by reference to that service and other local services, taken together.

(3) An enhanced partnership scheme may specify under section 138A(5)(b) other requirements as to the standard of services to be provided.

(4) The other requirements referred to in subsection (3) include—

(a) requirements which the vehicles being used to provide local services, or particular descriptions of local services, must meet,

(b) requirements about enabling tickets to be purchased or fares to be paid in particular ways,

(d) requirements about providing information to the public about local services or particular descriptions of local services,

(e) requirements as to the publicising of local services, fares or ticketing arrangements or particular descriptions of local services, fares or ticketing arrangements,

(f) requirements as to the appearance of tickets for local services or particular descriptions of local services,

(g) requirements as to the appearance of vehicles being used to provide local services or particular descriptions of local services,

(h) requirements as to the prices of multi-operator tickets,

(i) requirements as to dates upon which operators may change the timing of local services or particular descriptions of local services, and

(j) requirements as to ticketing arrangements.

(5) The requirements that may be specified under subsection (4)(a) include—

(a) requirements about providing information to passengers by placing particular electronic equipment, or electronic equipment of particular descriptions, in vehicles, and

(b) requirements about emissions or types of fuel or power.

(6) The requirements that may be specified under subsection (4)(b) include requirements about the persons from whom tickets may be purchased or to whom fares may be paid.

(7) The requirements that may be specified under subsection (4)(j) include—

(a) requirements to make arrangements for—

(i) travel to, within or through particular areas,

(ii) travel at particular times,

(iii) travel on particular local services or particular descriptions of local services,

(iv) travel on particular journeys or on particular descriptions of journey, or

(v) travel by persons of particular descriptions,

(b) requirements to make arrangements entitling persons to make a journey, or journeys, involving both travel on one or more local services and travel by one or more connecting rail or tram services, and

(8) A connecting rail or tram service, in relation to an enhanced partnership scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between—

(a) a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the scheme relates, and

(b) any other place.

(9) The requirements that may be specified in an enhanced partnership scheme also include requirements—

(a) as to operators of local services establishing and operating arrangements that facilitate the operation of the scheme;

(b) that persons using local services in the area to which the scheme relates benefit from any reduction in the cost of operating those services that results from facilities provided or measures taken by—

(i) the Secretary of State,

(ii) a local transport authority, or

(iii) any other person exercising functions of a public nature.

(9A) An enhanced partnership scheme must—

(a) specify requirements that apply where the operator of a socially necessary local service listed as required by section 138A(3)(ba) proposes—

(i) to cancel a registration under section 6 of the Transport Act 1985 in relation to the service, or

(ii) to vary the registration in such a way as is likely to have a material adverse effect on the ability of passengers to access the goods, services, opportunities or activities mentioned in section 138A(15)(a) in relation to the service;

(b) require a local transport authority or authorities, having been notified of a proposed cancellation or a proposed variation which is likely to have such an effect, to consider whether any alternative arrangements may be made so as to mitigate that effect.

(10) A requirement imposed by an enhanced partnership scheme has effect only in relation to so much of a local service as is provided in the area to which the scheme relates.

(11) An enhanced partnership scheme may not impose requirements in relation to the use of vehicles under permits granted under section 22 of the Transport Act 1985.

(12) In this section “multi-operator ticket” means a ticket, or a number of tickets purchased in a single transaction, entitling the holder to make a journey that involves or may involve, or journeys that involve or may involve, the use of local services provided by more than one operator.

138D

(1) The facilities which may be specified in an enhanced partnership scheme—

(a) must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but

(b) may not be facilities which are required to be provided as a result of section 139 or 140.

(2) The measures which may be specified in an enhanced partnership scheme—

(a) must be measures taken for the purpose of—

(i) increasing the use of local services ... to which the measures relate or ending or reducing a decline in the use of such services, or

(ii) improving the quality of local services ... to which the measures relate, but

(b) may not include the provision of such facilities as are described in subsection (1)(a) or as are required to be provided as a result of section 139 or 140.

(3) The Secretary of State may by regulations make further provision about the measures which may or may not be specified in an enhanced partnership scheme.

138E

(1) An enhanced partnership scheme may specify cases in which the scheme may be varied or revoked in accordance with the scheme.

(2) The scheme may provide for variation or revocation in a particular case to be subject to satisfying such conditions as the scheme specifies.

(3) The cases that may be specified under subsection (1) as regards variation include cases where the variations in question consist only of such descriptions of variation as are specified in the scheme.

(4) The conditions that may be specified under subsection (2) include conditions prohibiting variation or revocation where a number of operators of local services disagree to the variation or revocation.

138F

(1) If a local transport authority or authorities propose to make an enhanced partnership plan and scheme, they must—

(a) give notice of their intention to prepare a plan and scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area,

(b) prepare a plan and scheme for consultation,

(c) give notice of the plan and scheme prepared to the persons who are operators of qualifying local services in the area to which the plan relates on the relevant day, and

(d) give notice of the proposal to make the plan and scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area.

(2) A notice under subsection (1)(c) must—

(a) contain full details of the plan and scheme prepared,

(b) state the effect of subsection (5), and

(c) require any objections to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).

(3) A notice under subsection (1)(d) must—

(a) contain full details of the plan and scheme proposed, or

(b) state where such details may be inspected.

(4) A local transport authority or authorities proposing to make an enhanced partnership plan and scheme must—

(a) invite operators of qualifying local services in the area to which the plan relates to participate in the preparation of the plan and scheme before starting to prepare them, and

(b) invite any person who becomes an operator of a qualifying local service in the area to which the plan relates while the plan and scheme are being prepared to participate in that preparation (including any person who becomes such an operator because of a change in the area to which the plan relates while the plan is being prepared).

(4A) A local transport authority or authorities may give notice of a proposal under subsection (1)(d) before the end of the objection period if every person to whom the notice under subsection (1)(c) is required to be given has confirmed in writing that they do not intend to object.

(5) A local transport authority or authorities may not give notice of a proposal under subsection (1)(d) if, within the objection period—

(a) a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the plan relates object to the plan prepared, or

(b) a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the scheme relates object to the scheme prepared.

(6) After giving notice of the proposed plan and scheme under subsection (1)(d), the authority or authorities must consult—

(a) all operators of local services who would, in the opinion of the authority or authorities, be affected by them,

(b) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(ba) such persons with disabilities (within the meaning given by section 6 of the Equality Act 2010) who are users or prospective users of local services, or such organisations appearing to the authority or authorities to be representative of such persons, as they think fit,

(c) any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by them,

(d) a traffic commissioner,

(e) the chief officer of police for each police area covering the whole or part of the area to which the plan relates,

(f) the Passengers' Council,

(g) the Competition and Markets Authority, and

(h) such other persons as the authority or authorities think fit.

(7) For the purpose of subsection (6)(c) the following are relevant local authorities—

(a) local transport authorities,

(b) district councils in England,

(d) the Broads Authority,

(e) London transport authorities, and

(f) councils in Scotland.

(8) If a local transport authority or authorities propose to make a scheme or schemes relating to an existing enhanced partnership plan, subsections (1) to (7) have effect as if—

(a) references to a proposed plan and scheme were references to a proposed scheme or schemes, and

(b) subsection (5)(a) were omitted.

(9) If a local transport authority or authorities propose to make two or more schemes at the same time (whether at the same time as making a plan or in relation to an existing plan), subsection (5)(b) has effect as if references to the scheme were references to one of the schemes in question.

(10) 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, and

(b) specify what constitutes a sufficient number of persons for the purposes of subsection (5)(a) or (b).

(11) Regulations under subsection (10)(b) may, in particular—

(a) require that a plan or scheme be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services in the area in question as is specified in the regulations, 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 about the time by reference to which the proportion is to be determined.

(12) In this section “the relevant day”, in relation to an enhanced partnership plan or scheme prepared by a local transport authority or authorities under subsection (1)(b), means the day before the authority or authorities send out a notice relating to that plan or scheme in accordance with subsection (1)(c).

138G

(1) If, after complying with section 138F as regards a proposal to make an enhanced partnership plan and scheme, a local authority or authorities consider it appropriate to make the plan and scheme, they may make them as proposed or with modifications.

(2) If the authority or authorities intend to make the plan and scheme with modifications of one or both of them, the authority or authorities must give notice of their intention to make the plan and scheme, with modifications, to the persons who are operators of qualifying local services in the area to which the plan relates on the relevant day.

(3) A notice under subsection (2) must—

(a) contain full details of the plan and scheme,

(b) state the effect of subsection (4), and

(c) require any objections to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”).

(3A) The authority or authorities may make the plan and scheme with modifications before the end of the objection period if every person to whom the notice under subsection (2) is required to be given has confirmed in writing that they do not intend to object.

(4) The authority or authorities may not make the plan and scheme with modifications if, within the objection period—

(a) a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the plan relates object to the plan, or

(b) a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the scheme relates object to the scheme.

(5) Not later than 14 days after the date on which a local transport authority or authorities make an enhanced partnership plan and scheme, the authority or authorities must give notice of the making of the plan and scheme—

(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 the scheme, and

(6) The notice must—

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

(b) if the plan or scheme made is a modified version of the plan or scheme that was proposed, state that it is a modified version.

(7) If the proposal of a local transport authority or authorities is to make a scheme or schemes relating to an existing enhanced partnership plan, subsections (1) to (6) have effect as if—

(a) references to a plan and scheme were references to a scheme or schemes, and

(b) subsection (4)(a) were omitted.

(8) If the proposal of a local transport authority or authorities is to make two or more schemes at the same time (whether at the same time as making a plan or in relation to an existing plan), subsection (4)(b) has effect as if references to the scheme were references to one of the schemes in question.

(9) 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, and

(b) specify what constitutes a sufficient number of persons for the purposes of subsection (4)(a) or (b).

(10) Regulations under subsection (9)(b) may, in particular—

(a) require that a plan or scheme be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services in the area in question as is specified in the regulations, 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 about the time by reference to which the proportion is to be determined.

(11) In this section “the relevant day”, in relation to a plan or scheme that a local transport authority or authorities intend to make, means the day before the authority or authorities send out notices relating to that plan or scheme in accordance in subsection (2).

138H

(1) If a local transport authority or authorities make a scheme, the scheme must specify—

(a) the requirements imposed under it,

(b) the facilities (if any) to be provided under it by the authority or authorities,

(d) the provision (if any) about variation or revocation of the plan or scheme,

(e) the date on which it is to come into operation, and

(f) the period for which it is to remain in operation.

(2) The scheme must also specify—

(a) if a requirement imposed under the scheme is to have effect as from a date after the scheme comes into operation, the date as from which it has effect,

(b) if any facilities are to be provided under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so provided,

(c) if any measures to be taken under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so taken,

(d) if a condition under section 138E is to apply as from a date after the scheme comes into operation, the date as from which it applies, and

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