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

(3) The relevant references (apart from those in section 114(1) and (3)) to the authority or authorities in relation to a quality partnership scheme—

(a) include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities, but

(b) do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities.

(4) But if (although the scheme does not specify facilities which are traffic regulation facilities in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references (apart from those in section 118) include that authority.

(5) And if (although the scheme specifies facilities which are traffic regulation facilities in relation to a traffic regulation authority)—

(a) the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities has been revoked, and

(b) the scheme is proposed to be varied (but not so that it specifies other facilities which are traffic regulation facilities in relation to that authority),

the relevant references (apart from those in section 118) do not include that authority.

(6) For the purposes of this section the relevant references are those in—

(a) section 114(1) to (4),

(b) sections 115 to 120, and

and paragraph 27(3) of Schedule 9 to the Road Traffic Regulation Act 1984.

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

(a) a metropolitan district council,

(b) the Secretary of State, or

(8) For the purposes of this section facilities are traffic regulation facilities, in relation to a traffic regulation authority and a quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so.

Regulations about schemes

122

(1) The appropriate national authority may by regulations make further provision with respect to—

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

(aa) the content or operation of schemes which include a requirement falling within section 114(6)(b) or (6A),

(b) the local services or classes of local services which must be, or may be, excluded from schemes,

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

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

(f) such other incidental matters in connection with quality partnership schemes as the appropriate national authority 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 any requirement mentioned in section 114(6)(b) or (6A), regulations under subsection (1)(a) or (aa) may in particular make provision—

(a) for section 114(6B) not to apply in such circumstances as may be prescribed,

(b) requiring such schemes to include provision falling within subsection (4),

(c) 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,

(d) in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 117, for any such requirement not to take effect unless prescribed conditions are satisfied,

(e) as to the meaning of “admissible objection” for the purposes of section 114(6B) and paragraph (c) of this subsection,

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

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

(4) The provision referred to in subsection (3)(b) is provision—

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

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

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

(e) as respects revision of any such requirements after a review.

(5) Subsections (3)(b) and (4) have effect subject to, and in accordance with, the following provisions—

(a) the revision of requirements as to frequencies, timings or maximum fares under any provision made in accordance with those subsections is not to be regarded as a variation of the scheme for the purposes of section 120 (variation or revocation of scheme), but

(b) nothing in those subsections or in paragraph (a) of this subsection shall be taken to derogate from what may be done under or by virtue of that section.

(6) The provision that may be made by virtue of subsection (3)(g) 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 appropriate national authority to an adjudicator, or

(ii) by the appropriate national authority or an adjudicator to an assessor,

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

Guidance about schemes

123

(1) The appropriate national authority may issue guidance concerning the carrying out by local transport authorities and metropolitan district councils of their functions under this Part in relation to quality partnership schemes.

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

Bus services: quality contracts schemes in Wales

Quality contracts schemes

124

(1) A local transport authority for an area in Wales, or two or more such authorities acting jointly, may make a quality contracts scheme covering the whole or any part of their area, or combined area, if they are satisfied that—

(a) the proposed scheme will result in an increase in the use of bus services (see subsection (9B)) in the area to which the proposed scheme relates,

(b) the proposed scheme will bring benefits to persons using local services in the area to which the proposed scheme relates, by improving the quality of those services,

(c) the proposed scheme will contribute to the implementation of the local transport policies of the authority or authorities,

(d) the proposed scheme will contribute to the implementation of those policies in a way which is economic, efficient and effective, and

(e) any adverse effects of the proposed scheme on operators will be proportionate to the improvement in the well-being of persons living or working in the area to which the proposed scheme relates and, in particular, to the achievement of the objectives mentioned in paragraphs (a) to (d).

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

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

(2) A quality contracts scheme may not be made unless the authority or authorities—

(a) have complied with the requirements of section 125, and

(b) ... have obtained the approval of the Welsh Ministers in accordance with section 126, . . .

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

(3) A quality contracts scheme is a scheme under which—

(a) the authority or authorities determine what local services should be provided in the area to which the scheme relates and any additional facilities or services which should be provided in that area, and

(b) local services may only be provided in that area in accordance with quality contracts (subject to section 127(4) and section 132C).

(4) In this Part “quality contract”, in relation to a quality contracts scheme, means an agreement entered into under section 130 or 131 under which—

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

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

(5) A quality contract may be made on terms—

(a) which include provision for the making of payments by the authority or authorities to the person undertaking to provide the local service, and

(b) requiring one or more of the parties to provide additional facilities or services.

(6) 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 quality contracts.

(7) The authority or authorities must keep under review the extent to which quality contracts entered into by them are complied with.

(8) In carrying out their functions under this Part in relation to quality contracts schemes, local transport authorities must co-operate with one another.

(9) In considering whether to make a quality contracts scheme, a local transport authority for an area in Wales must have regard to the desirability, in appropriate cases, of making a scheme jointly with another such authority.

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

(9B) The reference in subsection (1)(a) to increasing the use of bus services includes a reference to reducing, arresting or reversing decline in the use of bus services.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice and consultation requirements

125

(1) If an authority or authorities propose to make a quality contracts scheme, they must—

(a) publish, in such manner as they think fit, a consultation document complying with subsection (1A),

(b) supply a copy of that document to each of the persons mentioned in subsection (3), and

(c) give notice in accordance with subsection (2) of the proposed scheme in at least one newspaper circulating in the area to which it relates, ...

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) The consultation document mentioned in subsection (1)(a) must include—

(a) a description of the proposed scheme;

(b) a statement of the reasons why the authority or authorities are satisfied that the conditions in subsection (1) ... of section 124 are met;

(c) a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the implementation of the scheme;

(d) a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;

(e) a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—

(i) any estimated income from fares, and

(ii) any grants from Ministers of the Crown or government departments,

any remaining funding required to implement the scheme can be provided from other resources available to the authority or authorities;

(f) the date by which any written responses to the consultation must be submitted to the authority or authorities.

(1B) The description of the proposed scheme contained in the consultation document in accordance with subsection (1A)(a) must include—

(a) an outline of the local services which are proposed to be provided under it;

(b) a statement of any proposed exclusions from the scheme by virtue of section 127(4).

(1C) In subsection (1A)(e) “chief finance officer”, in relation to a local transport authority, means that officer of the authority who is responsible under—

(a) section 151 of the Local Government Act 1972, or

(b) section 73 of the Local Government Act 1985,

for making arrangements for the proper administration of the financial affairs of the authority.

(2) The notice must—

(a) describe the proposed scheme, and

(b) state where a copy of the scheme and the consultation document may be inspected, ...

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

(a) all persons operating local services in the area to which it 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 it,

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

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

(e) ... a traffic commissioner,

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

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

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

(a) local transport authorities,

(b) district councils in England,

(d) councils in Scotland.

(5) The authority or authorities may modify the proposed scheme following those consultations.

Approval of proposed scheme

126

(A1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1) If, having complied with the requirements of section 125, the authority or authorities wish to proceed with the proposed scheme, they must apply to the appropriate national authority for its approval.

(2) The application must include—

(a) their reasons for wishing to make the scheme, and

(b) such other information as the appropriate national authority may reasonably require.

(3) Any person who was consulted, or who is aggrieved at not being consulted, under section 125(3) may make written representations to the appropriate national authority about the scheme.

(4) The appropriate national authority may approve the proposed scheme, with or without modifications, if it is satisfied that—

(a) the conditions set out in paragraphs (a) to (e) of section 124(1) ... are met, and

(b) it is in the interests of the public that the scheme is made.

(5) If the appropriate national authority proposes to approve the scheme with modifications, it must first inform the authority or authorities and they must—

(a) consult such of the persons they consulted under section 125(3) as would, in their opinion, be affected by those modifications, and

(b) inform the appropriate national authority as to the outcome of that consultation.

(6) After being informed of that outcome the appropriate national authority may approve the scheme either with those modifications or without modifications.

Making of scheme

127

(1) The authority or authorities who proposed the scheme may make it—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ... in accordance with the requirements of subsection (1B).

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

(1B) If—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Welsh Ministers approve the scheme under section 126,

the authority or authorities who proposed it may make it, as approved, at any time not later than 6 months after the date of the approval.

(2) The scheme must specify—

(a) the area to which it relates,

(b) the date on which it is to come into operation or, if the scheme provides for different provisions to come into operation on different dates, or on different dates for different purposes, those dates in the case of each provision, and

(c) the period for which it is to remain in operation, which must not be more than ten years from the earliest date on which the scheme or any of its provisions comes into operation.

(2A) No date that is to be specified under subsection (2)(b) may be earlier than 6 months after the scheme is made.

(3) The scheme must outline—

(a) the local services which are to be provided under quality contracts, and

(b) the features of the proposed invitations to tender for quality contracts.

(3A) The scheme must specify the date or dates on which it is proposed that the authority or authorities will issue invitations to tender for the provision of any services to which the scheme relates (see section 130).

(4) The scheme may provide that—

(a) local services specified in it, or

(b) local services of a class specified in it,

are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.

(5) The scheme may contain such ancillary provisions as the authority or authorities think fit.

(6) The scheme may include provision—

(a) varying or revoking any quality partnership scheme which only relates to the area of the authority, or combined area of the authorities, by which the scheme is made, or

(b) varying any other quality partnership scheme to the extent that it so relates.

(7) If provision is made under subsection (6)(b) to vary the quality partnership scheme so that it no longer so relates, such of the authorities by which it was made as did not make the quality contracts scheme—

(a) may (subject to the provision so made) vary it if they decide that it is appropriate to do so, or

(b) may revoke it if all persons who have given an undertaking to provide a service to a standard specified in the scheme consent to the revocation of the scheme (which consent must not be unreasonably withheld);

and subsections (3) and (4) of section 120 apply to a variation or revocation under this subsection.

(8) Not later than 14 days after the date on which the scheme is made, the authority or authorities must—

(a) give notice in at least one newspaper circulating in the area to which the scheme relates, and

(b) send a copy of the scheme to a traffic commissioner.

(9) The notice must state—

(a) that the scheme has been made,

(b) where a copy of the scheme may be inspected, and

(10) The appropriate national authority may by order vary any of the periods mentioned in subsection ... (1B) or (2A).

Postponement of scheme

128

(1) If it appears to the authority or authorities who made the scheme appropriate to do so, they may decide that the date on which the scheme , or any particular provision of the scheme, would otherwise come into operation , or come into operation for any particular purpose or purposes, shall be postponed by such period as they think fit (subject to any provision of regulations made under subsection (4)).

(2) Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the decision.

(3) Not later than 14 days after the date on which any such decision is made they must give notice of the decision—

(a) in at least one newspaper circulating in the area to which the scheme relates, ...

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

(4) The appropriate national authority may by regulations make provision with respect to postponements under subsection (1).

(5) The regulations may in particular make provision—

(a) as to the maximum period of postponements, and

(b) requiring authorities to re-issue invitations to tender in accordance with section 130.

Effect of scheme

129

(1) During any period in which the scheme , or (in the case of a scheme which provides for different provisions to come into operation on different dates) any provision of the scheme, is in operation—

(a) 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 scheme, or that provision, relates, and

(b) no local service shall be provided in that area (if there is a stopping place for the service in that area) unless it is provided under a quality contract or is an interim service (see section 132C).

(2) But subsection (1) does not apply —

(a) so as to prevent the application of sections 6 to 9 of the Transport Act 1985 in relation to any service by virtue or in consequence of section 6B of that Act (application for registration or variation where quality contracts scheme in force),

(b) so as to prevent the provision of any service registered under section 6 of the Transport Act 1985 by virtue of section 6B of that Act, or

(c) in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 127(4).

(3) Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the Transport Act 1985 of the service concerned.

(4) The authority or authorities must invite tenders in accordance with section 130 not later than—

(a) three months, or

(b) such other period as the appropriate national authority may by order specify,

after the scheme has been made.

Tendering for quality contracts

130

(1) The authority, or the authorities acting jointly, must invite tenders for the provision of services to which the scheme, or each provision of the scheme, relates for such period and on such basis as may be specified in the invitation to tender.

(2) The period specified must not exceed 10 years.

(3) Subject to subsection (4), such an invitation—

(a) must be issued generally, in such manner as the authority or authorities consider appropriate for bringing it to the attention of persons who may be interested, and

(b) must also be issued individually to all persons who have given to that authority or any of those authorities a written notice indicating that they wish to receive invitations to tender for the provision of local services of a description to which the invitation relates.

(4) Such a notice must specify the address to which such an invitation is to be directed, and it shall be sufficient for the purposes of subsection (3)(b) if the authority or authorities send the invitation to the person giving such a notice at the address so specified.

(5) The authority or authorities may only accept a tender submitted by a person who is the holder of either—

(a) a PSV operator’s licence, or

(b) a community bus permit.

(6) But subsection (5)(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 invitation relates.

(7) After entering into a quality contract, the authority or authorities must give notice to a traffic commissioner of—

(a) the local services to be provided in accordance with the contract, and

(b) the duration of the contract.

(8) The appropriate national authority may by regulations make provision requiring authorities to publish prescribed information about tenders submitted to them in accordance with this section or about their reasons for entering into particular quality contracts.

Exceptions from section 130

131

(1) Section 130 does not apply in any case where it appears to the authority or authorities 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) The appropriate national authority may by regulations make provision for further exceptions from section 130, including in particular with respect to—

(a) cases in which no tender, or no acceptable tender, is submitted in response to an invitation to tender issued under section 130(1) or under any provision made by virtue of subsection (5)(a), and

(b) agreements of a prescribed description.

(3) The appropriate national authority may make regulations fixing the maximum duration of a quality contract entered into under subsection (1) or under any provision made by virtue of subsection (2).

(4) The appropriate national authority may by regulations make further provision with respect to exceptions from section 130.

(5) Regulations under subsection (4) may in particular—

(a) require authorities to invite tenders for the provision of a service which is the subject of a quality contract made under subsection (1) or under any provision made by virtue of subsection (2), and

(b) require authorities to publish prescribed information (including as to their reasons for entering into particular quality contracts) or to give notices.

Variation or revocation of scheme

132

(1) The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may vary it by—

(a) increasing the area to which it relates (to no greater than the whole of their area or combined area) or adding to the description of local services which are to be provided under quality contracts,

(b) reducing that area or reducing the description of services, or

(2) The scheme may not be varied under subsection (1)(a) unless the conditions set out in subsection (1)(a) to (e) of section 124 ... are met with respect to the scheme as varied.

(3) The scheme may not be varied under subsection (1)(b) unless the relevant conditions —

(a) are no longer met with respect to it, but

(b) are met with respect to the scheme as varied.

(4) The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may revoke the scheme—

(a) if the relevant conditions are no longer met with respect to it,

(aa) if they consider that those conditions would no longer be met with respect to it if they were to act in accordance with a direction given by the Upper Tribunal under this Part, or

(b) if they and one or more other authorities make a quality contracts scheme covering the whole or part of the area to which it relates.

(4A) In subsections (3) and (4) “the relevant conditions” means—

(a) in the case of a scheme made under section 124(1) and not subsequently continued in operation under section 131A or varied under subsection (1)(a) of this section, the conditions set out in section 124(1)(a) to (e);

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in the case of a scheme that has been continued in operation under section 131A or varied under subsection (1)(a) of this section, the conditions by reference to which it was last so continued in operation or varied.

(5) The variation or revocation of a scheme under subsection (1) or (4) is subject to the provisions of—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) subsection (9) (areas in Wales),

except to the extent that section 132B (exemption for specific variations directed by Upper Tribunal on appeal) otherwise provides.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(9) The variation or revocation of a scheme for an area in Wales—

(a) requires the approval of the Welsh Ministers, except in the case of a variation which is an exempt variation, and

(b) is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified or excluded by regulations made by the Welsh Ministers under section 133.

(10) Section 130 (tendering) applies to a varied scheme (whether or not the variation is an exempt variation) but subject to regulations made by the appropriate national authority under section 133(3).

(11) A variation of a scheme is an exempt variation for the purposes of this section if the variation is—

(a) a reduction in the area to which the scheme relates,

(b) a reduction in the descriptions of services which are to be provided under quality contracts, or

and a “non-exempt variation” is any other variation of a scheme.

(12) The appropriate national authority may by regulations provide that in prescribed circumstances quality contracts schemes may be revoked by that authority before coming into operation.

Regulations about schemes

133

(1) The appropriate national authority may by regulations make further provision with respect to—

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

(b) the approval of schemes ...,

(bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(e) such other incidental matters in connection with quality contracts schemes as the appropriate national authority thinks fit.

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

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

(b) objections to such proposals,

(d) modifications of such proposals,

(e) the form and manner of applications for approval of such proposals ...,

(ee) the procedure for determining such applications,

(ef) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(eg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(eh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ei) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the form of schemes , continuations or variations, and

(g) giving notice of schemes which have been made or of the continuation, variation or revocation of schemes.

(3) The appropriate national authority may also make regulations modifying or excluding the application of provisions of this Part, so far as relating to quality contracts schemes, in cases where a local transport authority, or two or more local transport authorities acting jointly, do any of the following—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) propose or decide that a scheme should continue in operation (with or without modification) under section 131A,

(4) Regulations made by virtue of subsection (3) must not exclude any requirement for the authority or authorities—

(a) under section 126, to obtain the approval of the Welsh Ministers,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision about schemes

134

(1) The appropriate national authority may by regulations make such transitional provision as it considers appropriate in connection with—

(a) the coming into operation of quality contracts schemes or of provisions of such schemes,

(b) the continuation in operation or variation of such schemes, and

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

Bus services: ticketing schemes

Joint and through ticketing schemes

135

(1) A local transport authority, or two or more such authorities acting jointly, may make a 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

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

(1A) A local transport authority whose area is in England may exercise the power to make a ticketing 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 authority whose area is in Wales.

(2) A ticketing scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 136.

(3) A 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 a ticketing scheme and to which the scheme applies.

(4) The descriptions of tickets which may be covered by a 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 a 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) Different arrangements may be specified in a ticketing scheme for different cases.

(7) In carrying out their functions under this Part in relation to ticketing schemes, local transport authorities must co-operate with one another.

(8) In considering whether to make a ticketing scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.

Notice and consultation requirements

136

(1) If an authority or authorities propose to make a ticketing scheme, they must give notice of the proposed scheme in at least one newspaper circulating 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, and

Making of scheme

137

(1) If 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 135(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 it—

(a) in at least one newspaper circulating 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,

(d) to the Secretary of State if it applies to tickets within section 135(4)(d), and

(e) in such other manner, or to such other persons or class of person, (if any) as the appropriate national authority may prescribe by regulations.

(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 may vary or revoke the scheme; and the variation or revocation is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified by regulations made by the appropriate national authority.

Effect of scheme

138

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

Bus services: provision of information

Information about bus services

139

(1) Each local transport authority must from time to time determine, having regard to their local transport policies —

(a) what local bus information should be made available to the public (“the required information”), and

(b) the way in which it should be made available (“the appropriate way”).

(2) Before making such a determination, the authority must consult—

(a) such organisations appearing to the authority to be representative of users of local services as they think fit, and

(b) a traffic commissioner.

(3) Each authority must from time to time ascertain whether the required information is being made available to the public in the appropriate way.

(4) Subsection (5) applies if an authority consider that—

(a) the required information is not being made available to the public to any extent, or

(b) that information is not being made available to the public in the appropriate way.

(5) If this subsection applies, the authority must seek to make arrangements with the operators of the local services concerned under which those operators agree to make the information available (or to make it available in that way).

(6) In this section “local bus information”, in relation to a local transport authority, means—

(a) information about routes and timetabling of local services to, from and within the authority’s area,

(b) information about fares for journeys on such local services, and

(c) such other information about facilities for disabled persons, travel concessions, connections with other public passenger transport services or other matters of value to the public as the authority consider appropriate in relation to their area.

Duty of authority to make information available

140

(1) If the authority are unable to make satisfactory arrangements with one or more of those operators, they—

(a) must make available, or secure that there is made available, in the appropriate way such of the required information as is not being made available or is not being made available in that way (whether by virtue of arrangements made under section 139(5) or otherwise), and

(b) may recover from that operator or those operators the reasonable costs incurred by them in doing so as a civil debt due to them.

(2) In determining for the purposes of subsection (1)(b) what is reasonable in relation to a particular operator, the authority must have regard to—

(a) the amount of information which has to be made available, and

(b) the way in which that information has to be made available,

in respect of the local services provided by that operator.

(3) If the authority require an operator to provide information to them or to another person in order to perform their duty under subsection (1)(a), the operator must provide the information at such times and in such manner as is specified by the authority.

(4) The authority must give notice of any requirement imposed under subsection (3) to a traffic commissioner.

Bus information: supplementary

141

(1) In considering how they should carry out their functions under sections 139 and 140, a local transport authority must have regard to a combination of economy, efficiency and effectiveness.

(2) In carrying out those functions, local transport authorities—

(a) must not act in such a way as to discriminate (whether directly or indirectly) against any operator, or class of operator, of local services, and

(b) must co-operate with one another.

(3) A local transport authority must have regard to the desirability, in appropriate cases, of carrying out those functions jointly with another authority (whether as respects the whole or any part of their combined area).

Bus services: miscellaneous

Traffic regulation conditions to reduce or limit pollution

142

In section 7 of the Transport Act 1985 (traffic regulation conditions to be met in provision of local services subject to registration), in subsection (4) (reasons for which conditions may be determined), insert at the end

; or (c) reduce or limit noise or air pollution.

Power to obtain information about local services

143

(1) A local transport authority may, in connection with the exercise of any of their functions relating to public transport, require an operator of local services to provide them with any information relating to the matters specified in subsection (2) which is in his possession or control.

(2) The matters referred to in subsection (1) are—

(a) the total number of journeys undertaken by passengers on the local services operated by the operator in the authority’s area or any part of its area,

(b) the structure of fares for those journeys, and

(3) The operator may be required to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it.

(4) No information which—

(a) has been provided under this section, or provided together with information so provided, and

(b) relates to the affairs of an individual or to a particular business,

shall be disclosed during the lifetime of the individual or while the business continues to be carried on.

(5) But subsection (4) does not apply to a disclosure made—

(a) with the consent of the individual or the person for the time being carrying on the business,

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

(d) in order to comply with the order of a court or tribunal.

(6) A person who discloses information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Civil penalties for bus lane contraventions

144

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mandatory travel concessions for journeys not beginning on the London bus network

Mandatory concessions outside Greater London

145

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mandatory concessions: supplementary

146

In this Part—

“disabled person” means a person who—is blind or partially sighted,is profoundly or severely deaf,is without speech,has a disability, or has suffered an injury, which has a substantial and long-term adverse effect on his ability to walk,does not have arms or has long-term loss of the use of both arms,has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning, orwould, if he applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, have his application refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol,

“elderly person” means a person who has attained the age of 60 years,

“eligible service” means—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... a bus service of a class specified in an order made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales),

“a half-price travel concession”, in relation to a journey, means reduction of the fare for the journey to not more than one-half of that applicable to an adult who is not entitled to any reduction,

“London authority” means a London borough council or the Common Council of the City of London,

“relevant time” means—any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971, ora time during the period from 9.30 a.m. to 11 p.m. on any other day, and

“travel concession authority” means— a council of a non-metropolitan district in England comprised in an area for which there is no county council, a county council in England, a London authority, a Passenger Transport Executive for an integrated transport area in England, ... the Council of the Isles of Scilly, or a county council or county borough council in Wales.

Variation of mandatory concessions

147

The Welsh Ministers may by order amend either or both of sections 145B and 146 for or in connection with securing that section 145B(1)—

(a) applies to any person for the time being eligible to receive travel concessions under a scheme under section 93 of the Transport Act 1985 or to any such person of a specified description (as well as to any elderly person and any disabled person),

(b) applies to travel on any public passenger transport service or to travel on any such service of a specified description (as well as to travel on an eligible service),

(c) applies to a journey between a place in a travel concession authority’s area and a place outside but in the vicinity of that area or to a journey between places outside but in the vicinity of that area (as well as to a journey between places in that area),

(d) provides for the reduction of fares to less than one-half of those applicable to adults who are not entitled to any reduction or for waiver of fares, or

(e) applies, or does not apply, to a journey beginning at a specified time.

Enforcement

148

(1) An operator commits an offence if he systematically fails to comply with the obligation under section 145A(1) or 145B(1) during any period.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Proceedings for an offence under this section shall not be instituted except—

(a) by a travel concession authority, or

(b) by or with the consent of the Director of Public Prosecutions;

and any authority who would not otherwise have power to bring such proceedings shall accordingly have that power.

Reimbursement of operators

149

(1) Where—

(a) an operator provides concessions under section 145A(1) in respect of eligible journeys beginning in the area of a travel concession authority in England, or

(b) an operator provides concessions under section 145B(1) for persons who reside in the area of a travel concession authority in Wales,

the authority shall reimburse the operator for providing the concessions.

(2) Subject to regulations under subsection (3), the arrangements with respect to reimbursement shall be—

(a) such as the travel concession authority may agree with the operators who provide concessions

(i) in respect of eligible journeys beginning in the authority's area (if the authority is in England), or

(ii) for persons who reside in the authority's area (if the authority is in Wales), or

(b) in the absence of agreement, such as may be determined by the authority (being the same in the case of all of those operators) not later than 28 days before the date on which the arrangements, or any variations of the arrangements, are to come into operation.

(3) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations make provision—

(a) with respect to the determination by travel concession authorities of the amounts to be paid to individual operators, or to any class of operators, by way of reimbursement,

(b) as to the manner of making any payments due to operators by way of reimbursement, and

(c) about the terms on which, and the extent to which, travel concession authorities may employ any person as their agent for the purpose of making payments due to operators by way of reimbursement and the descriptions of persons who may be so employed.

Procedure for reimbursement arrangements determined by authority

150

(1) At least four months before the coming into operation of, or of any variations of, any arrangements with respect to reimbursement determined by a travel concession authority in accordance with section 149(2)(b), the authority shall publish the proposed arrangements, or the proposed variations, in such manner as they consider appropriate.

(2) Following publication—

(a) copies of the published material shall be made available at the principal office of the authority,

(b) a copy of it shall be supplied to every operator of local services who would, in the opinion of the authority, be affected by the proposals, and

(c) a copy of it shall be supplied to any person on request (whether at the principal office or by post), either free of charge or at a charge representing no more than the cost of providing the copy.

(3) An operator who considers that he may be prejudicially affected by the proposals may apply to—

(a) the Secretary of State (in the case of arrangements determined by a travel concession authority in England), or

(b) the National Assembly of Wales (in the case of arrangements determined by such an authority in Wales),

for a modification of the proposed arrangements, or proposed variations, on the grounds that there are special reasons why they would be inappropriate with respect to one or more local services provided by him.

(4) An application under subsection (3)(a) shall be made by notice in writing given not later than 56 days after the date on which the arrangements, or the variations, come into operation.

(4A) An application under subsection (3)(b) shall be made by notice in writing given not later than 28 days after the date on which the arrangements, or the variations, come into operation.

(5) An application under subsection (3) may not be made unless the applicant has previously given notice in writing of his intention to make the application to the travel concession authority by which the arrangements, or varied arrangements, are being, or have been, determined.

(6) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales)—

(a) may make regulations as to the form and content of notices under this section and the manner in which they are to be given,

(b) may appoint a person to determine an application under subsection (3) on his or its behalf, and

(c) may by regulations make provision as to the procedure to be followed in connection with applications under subsection (3).

(7) Regulations made under subsection (6)(c) may in particular make provision—

(a) as to the conduct of any proceedings held in connection with applications under subsection (3), and

(b) for applicants or travel concession authorities, or both, to make payments towards the expenses incurred in connection with the determination of such applications.

(8) On an application under subsection (3) the Secretary of State or the National Assembly for Wales, or (if a person is appointed under subsection (6)(b) to determine the application) the person so appointed, may direct—

(a) that the arrangements, or varied arrangements, are to have effect with such modifications as are specified in the direction from the time so specified, and

(b) that the authority shall make a payment of an amount specified in the direction to the applicant.

Travel concessions in Greater London

Concessions in Greater London

151

(1) Chapter VIII of Part IV of the Greater London Authority Act 1999 (travel concessions on journeys in and around Greater London) has effect subject to the following amendments.

(2) Section 240 (travel concessions on journeys in and around Greater London) is amended as follows.

(3) In subsections (1) and (2), for “any persons eligible to receive them in accordance with subsection (5) below” substitute “ such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements ”.

(4) In subsection (5), for “are persons, or any description of persons,” substitute “ by an authority are persons appearing to the authority to be persons ” and for paragraphs (b) and (c) substitute—

(b) who are blind; (c) who are partially sighted; (d) who are profoundly or severely deaf; (e) who are without speech; (f) who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk; (g) who do not have arms or have long-term loss of the use of both arms; (h) who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; or (i) who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol.

(5) After that subsection insert—

(5A) The Secretary of State may issue guidance to local authorities to which they must have regard in determining whether a person falls within subsection (5)(b) to (i) above. (5B) Before issuing guidance under subsection (5A) above the Secretary of State shall consult— (a) the Disabled Persons Transport Advisory Committee; (b) associations representative of local authorities; and (c) such other persons as he thinks fit.

(6) In section 241(1) (reserve free travel scheme), after “provided for” insert “ all ”.

(7) Section 242 (requirements as to scope of concessions which must be given if free travel scheme is not to have effect) is amended as follows.

(8) In subsection (1), after “provide” insert “ (a) ” and insert at the end

; and (b) for the travel concessions granted to them to include the concession specified in subsection (8) below.

(9) In subsection (2), for “Those journeys” substitute “ The journeys referred to in subsection (1)(a) above ”.

(10) In subsection (5), for “The requirements of this section as to scope do” substitute “ Subsection (1)(a) above does ”.

(11) In subsection (7), for “the categories of such residents mentioned in paragraphs (a), (b) and (c)” substitute “ a category specified in any one of the paragraphs ”.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) In section 243 (requirements as to uniformity), after subsection (5) insert—

(6) No charge may be made for the issue to an eligible London resident of a travel concession permit relating to the travel concession specified in section 242(8) above.

Financial and competition provisions

Agreements providing for service subsidies

152

(1) Part V of the Transport Act 1985 (expenditure on public passenger transport services) is amended as follows.

(2) In section 89 (obligation to invite tenders for subsidised services), for subsections (7) and (8) substitute—

(7) An authority issuing an invitation to tender under this section shall, in determining whether to accept a tender submitted in response to the invitation or which (if any) of several such tenders to accept, have regard in particular to— (a) a combination of economy, efficiency and effectiveness; (b) the implementation of the policies set out in the appropriate bus strategy; and (c) the reduction or limitation of traffic congestion, noise or air pollution. (8) In subsection (7)(b) above “the appropriate bus strategy” means— (a) in the case of a local transport authority (within the meaning of section 108(4) of the Transport Act 2000), their bus strategy; (b) in the case of a district council which is not such an authority, the bus strategy of the council for the county in which the district is situated; and (c) in the case of a Passenger Transport Executive for a passenger transport area, the bus strategy made jointly by the Passenger Transport Authority for the area and the councils for the metropolitan districts comprised in the area.

(3) In section 90(3) (duty of authority to publish reasons for considering that payment of subsidies to secure service in accordance with accepted tender is conducive to achieving most effective and economic application of funds), for the words from “is conducive” to the end substitute “ accords with section 89(7) of this Act. ”

(4) In section 92(1) (authorities subsidising public passenger transport services not to inhibit competition between persons providing or seeking to provide such services in their area), for the words from “so conduct” to the end substitute “ have regard to the interests of the public and of persons providing public passenger transport services in their area. ”

Competition test for exercise of bus functions

153

(1) Schedule 10 contains provision applying competition tests in relation to—

(a) the exercise of functions relating to advanced quality partnership schemes, quality partnership schemes, advanced ticketing schemes, ticketing schemes , enhanced partnership schemes and subsidised local services,

(b) voluntary partnership agreements and certain other agreements, decisions and practices relating to bus services.

(2) A voluntary partnership agreement is any voluntary agreement under which—

(a) a local transport authority, or two or more local transport authorities, undertake to provide particular facilities, or to do anything else for the purpose of bringing benefits to persons using local services, within the whole or part of their area, or combined area, and

(b) one or more operators of local services undertake to provide services of a particular standard.

(3) In subsection (2)—

“facilities” means—facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the agreement relates, orfacilities which are ancillary to such facilities;

“standard”, in the case of any services, includes—any requirements which the vehicles being used to provide the services must meet,any requirements as to frequency or timing of the services,any requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the agreement applies;

“voluntary agreement” means an agreement made otherwise than under sections 113C to 113O (advanced quality partnership schemes), or under sections 114 to 123 (quality partnership schemes).

Grants to bus service operators

154

(1) The Secretary of State with the approval of the Treasury (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to operators of eligible bus services towards their costs in operating those services.

(2) The Secretary of State with the approval of the Treasury (as respects England) or the National Assembly for Wales (as respects Wales) may make provision by regulations as to the method of calculation of grants.

(3) Subject to the provisions of any such regulations, grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by—

(a) the Secretary of State with the approval of the Treasury (as respects England), or

(b) the National Assembly for Wales (as respects Wales).

(4) A determination under subsection (3) may be made either generally or in relation to particular cases or classes of case.

(5) In this section “eligible bus services” means bus services of a class (or using vehicles of a class) prescribed by regulations made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

(6) Section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel) and section 111 of the Transport Act 1985 (unregistered and unreliable local services: reduction of fuel duty grant) cease to have effect.

Penalties

155

(1) Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse—

(a) failed to operate a local service registered under section 6 of the Transport Act 1985,

(aa) failed to comply with the requirements of regulations made under section 6(9)(i), (j) or (k) of that Act,

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

(b) operated a local service in contravention of that section or section 113J(4) or (5), 118(4) , 129(1)(b) or 138J(9) of this Act,

(ba) failed to comply with a requirement imposed by virtue of section 123X(7)(c), 134B(7)(c) or 138S(7)(c) of this Act, or

he may make one or more orders under subsection (1A).

(1ZA) Where a traffic commissioner 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 avoid contravening section 123J(3) of this Act,

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

(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

(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 subsection (1A)(a) or (d).

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

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

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

(1A) The orders are—

(a) an order that the operator pay a penalty of such amount as is determined in accordance with subsection (3);

(b) an order that the operator expend such sum of money as is determined in accordance with subsection (3) in the manner mentioned in subsection (1B);

(c) an order that the operator provide compensation (see subsection (1C)) to passengers of such description as is specified in the order;

(d) an order of such other description as the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales) may by order prescribe for the purposes of this paragraph.

(1B) An order under subsection (1A)(b) may require the operator to expend money on or towards—

(a) the provision of specified local services or specified facilities to be used in connection with such services;

(b) specified improvements in such services or facilities.

In this subsection “specified” means specified in the order.

(1C) Compensation under subsection (1A)(c)—

(a) may take the form of payments of money, or

(b) may take such other form (including the provision of free travel or travel at a reduced price) as is specified in the order;

and shall be of such amount, or equivalent in value to such amount, as is determined in accordance with subsection (3).

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

(3) The amount mentioned in subsections (1A)(a) and (b) and (1C) is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed —

(a) £550, or

(b) such other amount as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order specify,

multiplied by the total number of vehicles which the operator is licensed to use under all the PSV operator’s licences held by him.

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

(5) After making an order under subsection (1A) , the traffic commissioner must at once give notice in writing to—

(a) the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), and

(b) the operator.

(6) The operator may appeal to the Upper Tribunal against the making of the order.

(6A) If the operator fails to comply with an order under subsection (1A)(b), (c) or (d), the traffic commissioner may order the operator to pay a penalty of such amount as is determined in accordance with subsection (6B).

(6B) That amount is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed 110% of the maximum amount which may be ordered in accordance with subsection (3).

(7) An amount ordered to be paid under subsection (1A)(a) or (6A) is—

(a) payable to the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales), and

(b) recoverable as a civil debt.

(8) Other provisions that may need to be considered include the following provisions of the Transport Act 1985—

(a) sections 26 and 27 (attachment of conditions to PSV operator's licence),

(b) sections 27A and 27B (additional powers of traffic commissioner where services are not operated as registered etc).

Non-metropolitan transport grants

156

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants to Passenger Transport Authorities

157

(1) The Secretary of State may, with the approval of the Treasury, make grants to the Integrated Transport Authority for an integrated transport area in England for the purpose of enabling the Authority, or the Passenger Transport Executive for the area, to carry out any of their functions.

(1A) The Secretary of State may, with the approval of the Treasury, make grants to a combined authority for the purpose of enabling the authority to carry out any of their functions.

(1B) The Secretary of State may, with the approval of the Treasury, make grants to a combined county authority for the purpose of enabling the authority to carry out any of their functions.

(2) Grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Secretary of State may, with the approval of the Treasury, determine.

(3) A determination under subsection (2) may be made either generally or in relation to particular cases or classes of case.

Repayment of grants towards bus fuel duty

158

(1) Section 111 of the Transport Act 1985 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)).

(2) For subsections (2) to (4) substitute—

(2) If any amount has been paid to the operator by way of grant under section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel) in respect of any services operated during the period of three months ending with the day on which the determination under subsection (1) above is made, there is due from the operator— (a) to the Secretary of State (as respects England); or (b) to the National Assembly for Wales (as respects Wales), such percentage of that amount as the traffic commissioner thinks fit in all the circumstances of the case. (3) The percentage determined shall be at least one per cent. but not more than twenty per cent. (4) A traffic commissioner who makes a determination under this section shall at once give notice in writing to— (a) the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales); and (b) the operator; and the operator may appeal to the Transport Tribunal against the determination.

(3) In subsection (5), omit—

(a) “to the Secretary of State”, and

(b) the words from “and any amount” to the end.

Abolition of financial plans of Passenger Transport Executives

159

Sections 3 to 5 of the Transport Act 1983 (duty of Passenger Transport Executives to prepare three-year financial plans and determination of revenue grants) shall cease to have effect.

Supplementary

Part II: regulations and orders

160

(1) Any power to make regulations or orders under this Part—

(a) is exercisable by statutory instrument,

(b) includes power to make different provision for different cases, and

(2) A statutory instrument containing regulations or an order made by a Minister of the Crown under this Part (whether alone or jointly with the National Assembly for Wales) , other than regulations under section ... 138F(10), 138G(9) , 141A(1) or 151A(3)(b) or an order under section 155(1A)(d), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2A) A statutory instrument containing regulations under section ... 138F(10), 138G(9) , 141A(1) or 151A(3)(b) shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3) A statutory instrument containing an order under section 155(1A)(d) shall not be made—

(a) as respects England, unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;

(b) as respects Wales, unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

Part II: minor and consequential amendments

161

Schedule 11 makes minor and consequential amendments relating to this Part.

Interpretation of Part II

162

(1) In this Part—

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

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

“appropriate national authority”, in relation to a quality partnership scheme, a quality contracts scheme or a ticketing scheme, means—...the National Assembly for Wales, as respects a scheme relating to an area in Wales, orthe Secretary of State and the National Assembly for Wales acting jointly, as respects a scheme relating to an area in England and Wales,

“bus services” means services using public service vehicles,

“community bus permit” means a permit under section 22 of the Transport Act 1985,

“connecting rail or tram service”— in relation to an advanced ticketing scheme, has the meaning given by section 134C(3), and in relation to a ticketing scheme, has the meaning given in section 135(5),

“council in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,

“disabled person” has the meaning given in section 146,

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

“elderly person” has the meaning given in section 146,

“eligible service” has the meaning given in section 146,

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

“exempt continuation proposal” is to be read in accordance with section 131B,

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

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

“half-price travel concession” has the meaning given in section 146,

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

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

“local transport authority” has the meaning given in section 108(4),

“local transport policies” has the meaning given in section 108(5),

“London authority” has the meaning given in section 146,

“London transport authority” means the Greater London Authority, a London borough council or the Common Council of the City of London,

“mayoral CCA” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;

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

“quality contract” has the meaning given in section 124(4),

“quality contracts scheme” is to be construed in accordance with section 124(3),

“quality partnership scheme” is to be construed in accordance with section 114(2),

“railway” and “tramway” have the meanings given in section 67(1) of the Transport and Works Act 1992,

“relevant time” has the meaning given in section 146,

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

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

“ticketing scheme” is to be construed in accordance with section 135(3),

“traffic regulation order” means an order under the Road Traffic Regulation Act 1984 or any other enactment (other than this Act) regulating the use of roads or other places by public service vehicles, and

“travel concession authority” has the meaning given in section 146.

(2) In this Part the expressions listed below have the same meaning as in the Public Passenger Vehicles Act 1981—

“fares”,

“modification”,

“public service vehicle”,

“PSV operator’s licence”,

“road”, and

“traffic commissioner”.

(3) In this Part the expressions listed below have the same meaning as in the Transport Act 1985—

“local service”,

“public passenger transport services”,

“stopping place”, and

“traffic area”.

(4) Where a reference to an authority in any of the following provisions is to an Integrated Transport Authority, it is to be construed as a reference to the Passenger Transport Executive for the integrated transport area concerned; and where a reference to authorities in any of those provisions is to one or more Integrated Transport Authorities, it is to be construed as a reference to the Passenger Transport Executive or Executives for the integrated transport area or areas concerned—

section 114(2)(a),

section 116(2)(a), (4)(a), (4A)(a) and, in the second place, (4C),

section 118(1) and (2),

section 139(5), and

section 140.

(4A) Where a reference to an authority in any of the following provisions is to an Integrated Transport Authority, it is to be construed as including a reference to the Passenger Transport Executive for the integrated transport area concerned—

section 153(2)(a),

in Schedule 10, paragraph 17(5)(b) and (8).

(5) References in this Part to Integrated Transport Authorities and Passenger Transport Executives and to integrated transport areas are references respectively to the Integrated Transport Authorities and Passenger Transport Executives, and to integrated transport areas, for the purposes of Part II of the Transport Act 1968.

(5A) In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.

(5B) In this Part “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Part III — Road user charging and workplace parking levy

Chapter I — Road user charging

Charging schemes

Preliminary

163

(1) In this Part “ch.arging scheme” means a scheme for imposing charges in respect of the use or keeping of motor vehicles on roads.

(2) Charges imposed in respect of any motor vehicle by a charging scheme under this Part shall be paid—

(a) by the registered keeper of the motor vehicle, or

(b) in circumstances specified in regulations made by the appropriate national authority, by such person as is so specified.

(3) A charging scheme may be made—

(a) by a non-metropolitan local traffic authority (“a local charging scheme”),

(b) jointly by more than one non-metropolitan local traffic authority (“a joint local charging scheme”),

(bb) jointly by an Integrated Transport Authority , combined authority or combined county authority and one or more eligible local traffic authorities (“a joint local-ITA charging scheme”),

(c) jointly by one or more non-metropolitan local traffic authorities and one or more London traffic authorities (“a joint local-London charging scheme”),

(cc) jointly by an Integrated Transport Authority , combined authority or combined county authority, one or more eligible local traffic authorities and one or more London traffic authorities (“a joint ITA-London charging scheme”), or

(d) by the Secretary of State or the National Assembly for Wales (“a trunk road charging scheme”).

(4) In this Part references to a non-metropolitan local traffic authority are to a local traffic authority for an area outside Greater London.

(4A) In this Part “eligible local traffic authority” means, in relation to any Integrated Transport Authority for an integrated transport area , combined authority or combined county authority, a local traffic authority which is a council falling within subsection (4B) for—

(a) an area which lies within the Authority's area,

(b) an area which adjoins the Authority's area,

(4B) The councils are—

(a) a county council in England,

(b) a council for a non-metropolitan district comprised in an area for which there is no county council,

(5) In this Part—

(a) “the charging authority”, in relation to a charging scheme under this Part made or proposed to be made by one authority, means the authority by which the charging scheme is or is proposed to be made, and

(b) “the charging authorities”, in relation to a charging scheme under this Part made or proposed to be made jointly by more than one authority, means the authorities by which the charging scheme is or is proposed to be made.

(5A) In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.

(5B) In this Part “combined county authority” means a combined county authority established under section 9 (1) of the Levelling-up and Regeneration Act 2023.

(6) The power to make joint local-London charging schemes and joint ITA-London charging schemes conferred by this Part does not limit any of the powers in Schedule 23 to the Greater London Authority Act 1999 (road user charging in Greater London).

Local charging schemes

164

(1) A local charging scheme may only be made in respect of roads for which the charging authority are the traffic authority.

(2) A local charging scheme which has effect wholly outside an integrated transport area , the area of a combined authority or the area of a combined county authority may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of the charging authority.

(3) A local charging scheme which has effect wholly within an integrated transport area , the area of a combined authority or the area of a combined county authority may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of—

(a) the charging authority, and

(b) the Integrated Transport Authority for the integrated transport area or (as the case may be) the combined authority or combined county authority.

(4) For the purposes of this section and sections 165 and 166—

(a) a charging scheme has effect wholly outside an integrated transport area if none of the roads in respect of which it is made is in such an area;

(b) any reference to a charging scheme which has effect wholly, or partly, within an integrated transport area is to be read accordingly.

Joint local charging schemes

165

(1) A joint local charging scheme may only be made in respect of roads for which any of the charging authorities are the traffic authority.

(2) A joint local charging scheme which has effect wholly outside an integrated transport area , the area of a combined authority or the area of a combined county authority may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of the charging authorities.

(3) A joint local charging scheme which has effect wholly or partly within an integrated transport area , the area of a combined authority or the area of a combined county authority may only be made if it appears desirable for the purpose of directly or indirectly facilitating the achievement of local transport policies of—

(a) the charging authorities, and

(b) the Integrated Transport Authority for the integrated transport area or (as the case may be) the combined authority or combined county authority.

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