(1) The authority or authorities responsible for administration of a scheme under section 93 of this Act may at any time by notice in writing served on any operator who is under an obligation under section 97(2) of this Act to provide travel concessions in accordance with the scheme on journeys on any eligible service operated by him release him from that obligation in respect of that service.
(2) Subject to the following provisions of this section, any such operator may at any time by notice in writing apply to the Secretary of State to be released from that obligation in respect of any such service on the ground that the authority or authorities responsible for administration of the scheme have failed to comply with their obligation under section 93(6) of this Act.
(3) An operator may not make such an application unless he has given notice in writing of his intention to do so to the authority or authorities responsible for administration of the scheme not less than twenty-eight days before the date of the application.
(4) A notice under subsection (2) or (3) above shall give particulars of any alleged failures of the authority or authorities in question to comply with their obligation under section 93(6) of which the operator complains.
(5) On any such application the Secretary of State may, if he finds the applicant’s ground of complaint established, determine that the applicant’s obligation under section 97(2) shall cease on such date as may be specified in the determination.
(1) Regulations under this section may make provision as to—
(a) the maximum or (as the case may be) minimum period that may for the purposes of any provision of section 97 or 98 of this Act be specified in a participation notice;
(b) the form and contents of participation notices and other notices required for any purposes of sections 96 to 99 of this Act; and
(c) the manner in which any such notice is to be served.
(2) Where the Secretary of State cancels or varies a participation notice under section 98 of this Act after the obligation imposed by that notice has come into effect he may award compensation to the applicant under subsection (4) below if it appears to him that the applicant has suffered—
(a) in a case where the notice is cancelled, any loss attributable to his participation in the scheme in question; or
(b) in a case where the notice is varied by excluding from it any service operated by the applicant, any loss attributable to his participation in that scheme in respect of that service.
(3) Where on determining an application under section 99 of this Act the Secretary of State finds that the authority or authorities responsible for administration of the scheme in question have failed to comply with their obligation under section 93(6) of this Act, he may award compensation to the applicant under subsection (4) below if it appears to him that the applicant has suffered any loss attributable to that failure.
(4) In any case to which subsection (2) or (3) above applies the Secretary of State may by notice in writing require the authority responsible for administration of the scheme in question or (as the case may be) the authorities so responsible in such proportions as may be specified in the notice to pay to the applicant such an amount by way of compensation in respect of the loss there mentioned as may be so specified.
(5) The Secretary of State may if he thinks fit appoint a person to determine an application under section 98 or 99 of this Act on his behalf; and references in those sections and in subsections (2) to (4) above to the Secretary of State shall be read as including references to a person so appointed.
(6) Regulations under this section may prescribe the procedure to be followed in connection with applications under sections 98 and 99 of this Act and may in particular (but without prejudice to the generality of that) include provision—
(a) as to the conduct of any proceedings held in connection with any such application; and
(b) enabling the Secretary of State to require either the applicant or the authority or authorities responsible for administration of the scheme in question, or both or all of them, to pay such sum as the Secretary of State may determine towards any expenses incurred by him in connection with the determination of the application.
(7) Where a requirement under subsection (4) above is imposed on more than one authority, the liability of the authorities concerned to the applicant—
(a) shall extend to the whole of the amount specified in the notice imposing the requirement; and
(b) shall be both joint and several;
but if any such authority make any payment, in or towards the discharge of that liability, of an amount exceeding the amount representing any proportion specified in the notice as that authority’s share, that authority shall be entitled to recover an appropriate contribution (determined by reference to the proportions specified in that notice) from the other authority or authorities concerned.
(8) Any sums paid to the Secretary of State by virtue of subsection (6)(b) above shall be paid into the Consolidated Fund.
101 Enforcement of participation in travel concession schemes.
(1) If during any period an operator of any service who is under an obligation under section 97 of this Act to provide travel concessions in accordance with a scheme under section 93 of this Act for persons travelling on that service systematically fails to comply with that obligation he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3) Where the affairs of a body corporate are managed by its members, subsection (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4) Proceedings for an offence under this section shall not, in England and Wales, be instituted except by the authority, or any one of the authorities, responsible for administration of the scheme in question or by or with the consent of the Director of Public Prosecutions (and any such authority who would not apart from this subsection have power to bring such proceedings shall accordingly have that power).
(1) The payments provided for under an agreement providing for service subsidies entered into by an authority responsible for expenditure on public passenger transport services may not include payments in respect of the provision of travel concessions except as provided below in this section.
(2) Subject to subsection (3) below, provision may be included in any such agreement for the making of payments by the authority in question to the person providing the service to which the agreement relates in respect of the provision of travel concessions on journeys on that service or any part of it for any description of persons eligible in accordance with section 93(7) of this Act to receive travel concessions under a travel concession scheme under that section.
(3) Subsection (2) above only applies where the concessions in question are not available, or not available to that description of persons, under any such scheme administered by the authority concerned or by that authority acting jointly with any other authority or authorities or under section 145A(1) or 145B(1) of the Transport Act 2000.
104 Travel concessions on services provided by Passenger Transport Executives.
(1) A Passenger Transport Executive may not in exercise of their powers under section 10(1)(xiii) of the 1968 Act (power of Passenger Transport Executive to charge for services and waive their charges, etc.) provide travel concessions for persons travelling on any public passenger transport service provided by the Executive otherwise than in accordance with a scheme established under section 93 of this Act or in accordance with section 145A(1) of the Transport Act 2000, except where those concessions are provided under any agreement or arrangements under which the whole of the cost of providing those concessions is to be met by a person other than that Executive or the Authority for that Executive’s area.
(2) The approval of the Authority for an integrated transport area or a passenger transport area under section 15(2) of the 1968 Act (approval of Authority required for alterations by Executive in general level of charges and for reduction or waiver of charges by Executive) shall not be required for travel concessions granted by the Passenger Transport Executive for that area for persons travelling on any public passenger transport service provided by the Executive if those concessions are granted—
(a) in accordance with any scheme established under section 93 of this Act by any authority other than the Authority for that Executive’s area or (as the case may be) by authorities who do not include that Authority; ...
(aa) in accordance with section 145A(1) of the Transport Act 2000; or
(b) where that Executive’s area is in England and Wales, in pursuance of arrangements made with that Executive —
(i) by any local authority within the meaning of the Care Act 2014 in the discharge of their functions under Part 1 of that Act (meeting needs for care and support), or
(ii) by any local authority within the meaning of the Social Services and Well-being (Wales) Act 2014 in the discharge of their functions under Part 4 of that Act (meeting needs).
or correspond to travel concessions under any scheme established under section 93 of this Act by the Authority for that Executive’s area or (as the case may be) by authorities who include that Passenger Transport Authority.
(3) For the purposes of subsection (2) above, travel concessions granted by the Executive for an integrated transport area or a passenger transport area on any such service correspond to travel concessions under any such scheme if they are—
(a) of the same value;
(b) available subject to the same terms, limitations or conditions; and
(c) available to persons of the same description;
as the travel concessions provided under that scheme.
(4) In this section “Authority”, in relation to an area, means the Integrated Transport Authority or, as the case may be, the Passenger Transport Authority for that area.
105 Travel concessions on services provided by local authorities.
(1) Where the council of any county or district in England and Wales or of any local government area in Scotland , or a combined authority or a combined county authority, are operating any public passenger transport service, they shall have power to provide travel concessions for persons travelling on that service in accordance with a scheme established under section 93 of this Act or in accordance with section 145A(1) or 145B(1) of the Transport Act 2000.
(2) In respect of travel concessions provided under this section, any such council or authority may, if they think fit, from time to time transfer to the credit of the account of their transport undertaking sums from the general . . . fund or, where that council is the council of any local government area in Scotland, from the general fund (within the meaning of section 93 of the Local Government (Scotland) Act 1973).
(2A) In subsection (2) above, the reference to the general fund shall be read, in relation to Wales, as a reference to the council fund.
(3) Sums so transferred must not exceed the cost to the council or authority concerned of providing the concessions or so much of that cost as would not apart from subsection (2) above fall to be met out of the fund there mentioned.
(4) The power under subsection (1) does not apply to a county or district council where—
(a) the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and
(b) the combined authority or combined county authority has completed its first full financial year.
(1) Any authority to whom this section applies, or any two or more such authorities acting jointly, may make, in such cases and subject to such terms and conditions as they think fit, grants to any other person towards expenditure incurred or to be incurred by that person in providing, maintaining or improving—
(a) any vehicle, equipment or other facilities provided wholly or mainly for the purpose of facilitating travel by members of the public who are disabled; or
(b) any equipment or other facilities specially designed or adapted for that purpose which are incorporated in any vehicle, equipment or other facilities not provided wholly or mainly for that purpose.
(2) Subject to subsection (3) below, any such authority, or any two or more such authorities acting jointly, may make, in such cases and subject to such terms and conditions as they think fit, grants to any person providing public passenger transport services towards expenditure incurred or to be incurred by that person for the purpose of—
(a) maintaining or improving facilities for public passenger transport, other than facilities provided wholly or mainly for use for the purpose of or in connection with excepted services; or
(b) facilitating or improving the operation of public passenger transport services, other than excepted services;
in the area of that authority or (as the case may be) in the area comprising the areas of both or all those authorities.
In this subsection “excepted services” means services for the carriage of passengers by road which require a PSV operator’s licence (within the meaning of Part IV of this Act).
(3) Subsection (2) above shall not apply in relation to expenditure appearing to the authority or authorities in question to be of a capital nature.
(4) This section applies to the following authorities—
(a) any Integrated Transport Authority, Passenger Transport Authority or Passenger Transport Executive;
(aa) any combined authority;
(ab) any combined county authority;
(b) the council of any county or district in England and Wales;
(c) the council of a London borough or the Common Council of the City of London; or
(d) any regional or islands council in Scotland.
(1) A parish council or community council may make grants to any body towards expenditure incurred or to be incurred by that body in connection with the operation of—
(a) a bus service appearing to the council to be wholly or mainly for the benefit of members of the public who are elderly or disabled; or
(b) a community bus service (as defined in section 22 of this Act).
(2) The power in subsection (1) above may only be exercised if—
(a) the bus service benefits, or appears to the council likely to benefit, persons living in the council’s area, and
(b) a permit in relation to the use of the vehicle by means of which the service is, or is to be, provided has been granted to the body concerned under section 19 or 22 of this Act.
(3) Grants under this section may be made in such cases and subject to such terms and conditions as the council think fit.
108 Grants for establishment, etc., of rural passenger services in Walesand Scotland.
(1) Subject to the following provisions of this section, the Secretary of State may, with the approval of the Treasury, make in such cases as he thinks fit a grant to any person for the purpose of securing the establishment, continuance or improvement of any public passenger transport service which in the opinion of the Secretary of State is or will be for the benefit of persons residing in any rural area in Wales or Scotland.
(2) In the case of any grant under this section for the purpose of securing the continuance of an existing service—
(a) the service must be one which was established with the assistance of a grant under this section; and
(b) the grant must be for securing its continuance during such period from the time when it was first operated as appears to the Secretary of State to be appropriate in the case of that service.
(3) In the case of any grant under this section for the purpose of securing the improvement of an existing service the improvement in view must be one which appears to the Secretary of State to involve an innovative approach to the use of vehicles, equipment or other facilities in providing the service.
(4) 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, either generally or in relation to any particular cases or classes of case.
(1) Subject to the following provisions of this section, the Secretary of State may, with the approval of the Treasury, make in such cases as he thinks fit a grant to any person in respect of qualifying mileage run at any time during the period of four years beginning with the date on which this section comes into force by vehicles used by that person in operating a service which at the time in question is a service eligible for grant under this section.
(2) A service is eligible for grant under this section at any time when—
(a) it is a service qualifying for fuel duty grant;
(b) it is being operated wholly or partly within a rural area in Great Britain (outside London); and
(c) it meets such other requirements as the Secretary of State thinks fit to impose;
and in subsection (1) above “qualifying mileage” means, in relation to any vehicle, mileage run by that vehicle within any such rural area.
(3) 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, either generally or in relation to any particular cases or classes of case.
(1) In section 92(1) of the Finance Act 1965 (grants to operators of bus services towards duty charged on bus fuel)—
(a) the words “any bus service” shall be omitted; and
(b) there shall be inserted at the end the words—
a bus service which is of a description specified for the purposes of this section and which meets any conditions which may be specified in relation to that description of service.
.
(2) For subsection (8) of that section there shall be substituted the following subsections—
(8) In this section—
“bus service” means a local service within the meaning of the Transport Act 1985 other than an excursion or tour within the meaning of that Act, being a service which is either—
(a) registered under Part I of that Act; or
(b) provided under a London local service licence granted under Part II of that Act or exempt by virtue of section 36 of that Act (London bus services under control of London Regional Transport) from the requirement of a London local service licence;
“operator” has the same meaning, in relation to a bus service, as in that Act; and
“specified” means specified in regulations made by the Secretary of State by statutory instrument.
(8A) Any statutory instrument containing regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In this Part of this Act—
(a) references to authorities responsible for expenditure on public passenger transport services shall be read in accordance with section 88(8) of this Act;
(b) references to service subsidies are references to the payments that fall to be made by any such authority under any agreement providing for service subsidies;
(c) references to the current reimbursement arrangements for eligible service operators participating in any scheme under section 93 of this Act shall be read in accordance with section 94(5) of this Act;
(d) references to a participation notice shall be read in accordance with section 97(2) of this Act;
(e) references to securing the provision of a service include references to securing the provision of a service by way of continuance of an existing service, and references in any other context to the provision of a service are to be read consistently with that; and
(f) “travel concession” means the reduction or waiver of a fare either absolutely or subject to terms, limitations or conditions.
(2) For the purposes of this Part of this Act, a service is a service qualifying for fuel duty grant at any time when fuel used in operating the service falls to be taken into account for the purpose of calculating grant payable to the operator of the service under section 92 of the Finance Act 1965 (grants to operators of bus services towards duty charged on bus fuel).
(1) “Road passenger transport service” means—
(a) a local service, so far as operating in England;
(b) a domestic coach service, so far as operating in England; or
(c) a tramway passenger service, so far as operating in England.
(2) But a service is not a “road passenger transport service” if—
(a) it is an excursion or tour; or
(b) it is provided in a public service vehicle used under a permit granted under section 19.
(3) “Road passenger transport facility” means a facility in England for road passenger transport services.
(4) This section has effect for the purposes of this Part.
112B Duty to keep road passenger transport services and facilities under review
(1) The Passengers’ Council must, so far as it appears expedient from time to time to do so—
(a) keep under review matters affecting the interests of the public in relation to road passenger transport services and facilities; and
(b) make representations to, and consult, such persons as it considers appropriate about those matters.
(2) The Council and any other public body may enter into an agreement for that other body to be responsible, in accordance with the agreement, for—
(a) determining what is expedient for the purposes of subsection (1) in relation to an area specified in the agreement; and
(b) otherwise performing the Council’s functions under subsection (1) in relation to that area.
(3) So long as an agreement under subsection (2) is in force—
(a) the duties of the Council under subsection (1) in relation to the area specified in the agreement fall on the other party to the agreement instead of on the Council; but
(b) the Council is not prevented from doing anything mentioned in subsection (1) in relation to that area.
(4) An agreement under subsection (2)—
(a) may be entered into on such terms and conditions as the parties to it may agree; and
(b) may contain provision for determining, for the purposes of this section, in what circumstances things done under or for the purposes of subsection (1) are to be treated as done in relation to the area specified in the agreement.
(5) The written consent of the Secretary of State is required before the Council and another public body may enter into an agreement under this section.
(6) In this section “public body” means any authority or other body on which functions are conferred by or under an enactment.
112C Duty to investigate road passenger transport services and facilities
(1) The Passengers’ Council must investigate any matter relating to the provision of road passenger transport services or facilities if—
(a) the matter is the subject of a representation made to the Council by a user or potential user of road passenger transport services or facilities;
(b) the matter is the subject of a representation made to the Council by an organisation representative of users or potential users of road passenger transport services or facilities;
(c) the matter is referred to the Council by the Secretary of State for investigation; or
(d) it appears to the Council that the matter is one which the Council ought to investigate.
(2) The Council is not required to investigate a matter in a case falling within subsection (1)(a) or (b) if the matter appears to the Council to be frivolous or vexatious.
(3) The Council is not required to investigate a matter in a case falling within subsection (1)(a) or (b) if, or to the extent that, the Council refers the matter to another body under section 112D.
(4) The Council must not investigate by virtue of subsection (1)(d) any matter which relates solely to the provision of London road passenger transport services or facilities.
(5) Subsection (4) does not prevent the Council from so investigating any such matter as part of an investigation of a matter which relates wholly or mainly to—
(a) the provision of road passenger transport services or facilities other than London road passenger services or facilities; or
(b) the provision of road passenger transport services or facilities in any part of England outside London.
112D Power to refer matters elsewhere instead of investigating
(1) This section applies in relation to a matter which is the subject of a representation made to the Passengers’ Council under section 112C(1)(a) or (b).
(2) If the Council thinks that it would be more appropriate for the matter to be considered—
(a) by an operator of road passenger transport services;
(b) by a provider of road passenger transport facilities; or
(c) by any body which does not fall within paragraph (a) or (b);
the Council may refer the matter to that person or body.
(3) The Council must refer the matter to the London Transport Users’ Committee if, or in so far as, it appears to the Council to relate to the provision of London road passenger transport services or facilities.
(4) Subsection (3) does not require the Council to refer a matter to the Committee if, or in so far as, it appears to the Council to relate to the provision of a long distance coach service.
(5) Subsection (4) does not apply in the case of a matter if, or in so far as, it appears to the Council to relate to a London local passenger.
(6) Subsection (4) does not prevent the Council referring a matter under subsection (3) if, or in so far as, it considers it appropriate to do so.
(7) In this section—
“London local passenger” means a passenger making a journey which begins and ends at stopping places in London;
“long distance coach service” means a bus service—
which has one or more stopping places outside London; and
which would be a domestic coach service, if no account were taken of any London local passengers.
(1) This section applies if the Passengers’ Council is carrying out an investigation under section 112C in relation to road passenger transport services or facilities.
(2) If the Council requests an operator of services, or a provider of facilities, to provide any information which the Council considers necessary for the purpose of carrying out the investigation, subsection (3) applies.
(3) A person who receives such a request must provide the information unless—
(a) the person does not have, and cannot reasonably obtain, it; or
(b) the provision of the information would impose an unreasonable burden on the person.
(4) A person who relies on paragraph (a) or (b) of subsection (3) must notify the Council in writing of that fact, stating the reason why the paragraph in question applies.
(5) If the Council—
(a) has requested information from an operator of local services or domestic coach services, and
(b) considers that it has not received a satisfactory response to that request,
the Council may refer the matter to a traffic commissioner.
(6) If the Council—
(a) has requested information from an operator of tramway passenger services, and
(b) considers that it has not received a satisfactory response to that request,
the Council may refer the matter to the promoter.
(7) If a matter is referred by virtue of subsection (5) or (6), the traffic commissioner or, as the case may be, the promoter may require the recipient of the request mentioned in subsection (2) to provide such of the information as the traffic commissioner or promoter considers appropriate.
112F Investigations: protection of confidential information
(1) This section applies to any information provided to the Passengers’ Council pursuant to section 112E(3) in the circumstances described in subsection (2).
(2) The circumstances are that—
(a) the person who provided the information has requested that the information be held in confidence; and
(b) a person would not be entitled to the information in response to a request made in accordance with the Freedom of Information Act 2000 by virtue of the exemptions in section 41 or 43 of that Act.
(3) Information to which this section applies must not—
(a) be included in any investigation report published under section 112K; or
(b) be disclosed by the Council to any other person.
(4) Nothing in this section affects—
(a) the power of the Council to refer a matter, including the confidential information, following investigation in accordance with section 112H or 112I; or
(b) any obligation on the Council to disclose information in order to comply with an order of a court or a tribunal.
(1) Having investigated a matter under section 112C the Passengers’ Council may, if it considers it appropriate to do so, make representations to—
(a) an operator of road passenger transport services;
(b) a provider of road passenger transport facilities;
(c) a local traffic authority in England;
(d) a strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015;
(e) a local transport authority in England.
(2) If the Council makes representations to a person under this section—
(a) the person must have regard to those representations; and
(b) the person must, within a reasonable time, send the Council a written statement describing any actions that the person has taken or intends to take in response to the representations.
(1) This section applies if the Passengers’ Council—
(a) has made representations under section 112G; and
(b) considers that it is unable to achieve a satisfactory outcome by that means.
(2) If the representations were made to any operator of local services or domestic coach services, the Council may refer the matter to a traffic commissioner.
(3) If the representations were made to any operator of tramway passenger services, the Council may refer the matter to the promoter.
(4) If the representations were made to a local traffic authority and the Council considers that it may be appropriate for a traffic commissioner to exercise powers under section 27A (additional powers in relation to local traffic authorities where service not operated as registered), the Council may refer the matter to a traffic commissioner.
(5) If the representations were made to a local traffic authority and the Council considers that it may be appropriate for the Secretary of State to exercise powers under Part 2 of the Traffic Management Act 2004 (enforcement of network management duties), the Council may refer the matter to the Secretary of State.
112I Referrals in cases where investigation identifies other failings
(1) This section applies if, on investigating a matter under section 112C, the Passengers’ Council has reason to believe that—
(a) an operator of local services has failed to operate a local service registered under section 6 or has operated a local service in contravention of that section; or
(b) the holder of a PSV operator’s licence is contravening, or is likely to contravene, any conditions or requirements of that licence.
(2) The Council may refer a matter described in subsection (1) to a traffic commissioner.
112J Traffic commissioner’s duty following referral
(1) This section applies if the Passengers’ Council refers a matter to a traffic commissioner under section 112E, 112H or 112I.
(2) The traffic commissioner dealing with the matter must consider whether, in connection with the matter, it would be appropriate to exercise any of the powers of a traffic commissioner in respect of—
(a) an operator of local services;
(b) a holder of a PSV operator’s licence; or
(c) a local traffic authority.
(1) This section applies where the Passengers’ Council has investigated a matter under section 112C.
(2) The Council may prepare a report of its findings (an “investigation report”).
(3) The Council may send a copy of an investigation report to the Secretary of State and to such other persons as the Council thinks fit.
(4) The Council may publish an investigation report.
(5) In the case of an investigation report prepared following an investigation which is carried out as the result of a referral by the Secretary of State under section 112C(1)(c), the Council must obtain the Secretary of State’s consent before—
(a) sending the report to any person other than the Secretary of State; or
(b) publishing the report.
(1) In this Part—
“domestic coach service” means a bus service which—
carries passengers at separate fares; and
is not a local service;
“local traffic authority” has the meaning given by section 121A of the Road Traffic Regulation Act 1984;
“local transport authority” has the meaning given by section 108(4) of the Transport Act 2000;
“London road passenger transport services or facilities” means road passenger transport services or facilities—
provided by Transport for London or any of its subsidiaries;
provided in pursuance of an agreement entered into by Transport for London or in pursuance of a transport subsidiary’s agreement; or
otherwise authorised by Transport for London to be provided;
“promoter”, in the case of any tramway passenger services, means the person authorised to secure the provision of those services with whom the operator of the services has entered into an agreement granting the operator the right to operate them;
“road passenger transport facility” has the meaning given by section 112A(3);
“road passenger transport service” has the meaning given by section 112A(1) and (2);
“subsidiary”, in relation to Transport for London, has the same meaning as in the Greater London Authority Act 1999 (see section 424(1) of that Act);
“tramway” has the meaning given by section 67(1) of the Transport and Works Act 1992;
“tramway passenger service” means any service for the carriage of passengers by tramway;
“transport subsidiary’s agreement” has the same meaning as in the Greater London Authority Act 1999 (see section 169 of that Act).
(2) Where, by virtue of this Part, a person is required to submit information or documents to the Passengers’ Council, the information or documents may be transmitted to an electronic address and in an electronic form specified by the Council.
(1) Section 24(3) of the 1968 Act (which imposes on the National Bus Company, the Railways Board and the Scottish Transport Group a duty to co-operate with one another for the purpose of co-ordinating the passenger transport services provided respectively by them or by their subsidiaries) shall cease to have effect.
(2) In subsection (4) of that section, for the words “Subsections (2) and (3)” there shall be substituted the words “Subsection (2)”.
114 Monopoly references with respect to bus services.
(1) In section 11 of the Competition Act 1980 (references of public bodies and certain other persons subject to statutory controls to the Monopolies and Mergers Commission), in subsection (3) (which lists the persons who may be the subject of such a reference)—
(a) for paragraph (b) (any person not within paragraph (a) providing a bus service within the meaning of certain enactments) there shall be substituted the following paragraph—
(b) any person (not falling within paragraph (a) above) who provides in Northern Ireland a bus service within the meaning of section 14 of the Finance Act (Northern Ireland) 1966; or
; and
(b) in paragraph (bb), for the words “last-mentioned Act” there shall be substituted the words “ London Regional Transport Act 1984”.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The number of members of the Transport Tribunal shall no longer be subject to any limit; and the tribunal shall no longer be required to sit in two divisions.
(2) Schedule 4 to this Act shall have effect (in place of the existing law) with respect to the constitution, powers and proceedings of the tribunal ; and that Schedule also makes provision in relation to appeals to the First-tier Tribunal or the Upper Tribunal under enactments relating to transport (see paragraphs 17 and 18) .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
118 Railways Board’s road passenger transport services.
(1) After section 4 of the 1962 Act (Railways Board’s road services) there shall be inserted the following section—
Railways Board’s road passenger transport services.
4A (1) Subject to this section, the Railways Board shall have power to secure the provision by other persons of services for the carriage of passengers by road where a railway service has been temporarily interrupted, or has been discontinued.
(2) The route (and stopping places) of any such service provided where a railway service has been discontinued need not correspond precisely with the route of the discontinued service (even where it is practicable to do so), so long as the service so provided broadly corresponds with the discontinued service, in terms of the localities it serves.
(3) Subsection (2) above is not to be taken as prejudicing the power of the Board under subsection (1) above to secure the provision of a service which deviates in any respect from the route of a railway service which has been interrupted or discontinued where it is not practicable for a service by road to correspond precisely to the railway service in question.
(4) Before entering into any agreement in pursuance of subsection (1) above for the provision by any other person of a service for the carriage of passengers by road in a case where a railway service has been discontinued, the Board shall invite other persons to submit tenders to provide that service for such period and on such basis as may be specified in the invitation to tender.
(5) Subsection (4) above shall not apply in relation to an agreement for the provision of such a service on a temporary basis in a case where a service for the carriage of passengers by road provided under an agreement entered into by the Board in pursuance of subsection (1) above has been temporarily interrupted.
(6) Nothing in subsection (4) above shall be read as requiring the Board to accept any tender submitted in response to an invitation to tender issued under that subsection.
(7) The Railways Board may not under this section secure the provision by any person of a service for the carriage of passengers by road provided otherwise than by means of public service vehicles or licensed taxis.
(8) The Railways Board may not themselves directly provide services for the carriage of passengers by road.
(9) In this section—
(a) “licensed taxi” means—
(i) in England and Wales, a vehicle licensed under section 37 of the Town Police Clauses Act 1847 or section 6 of the Metropolitan Public Carriage Act 1869 or under any similar enactment; and
(ii) in Scotland, a taxi licensed under section 10 of the Civic Government (Scotland) Act 1982; and
(b) “stopping place” means a point at which passengers are taken up or set down in the course of the service in question.
(2) Section 4 of the 1962 Act shall cease to apply in relation to services for the carriage of passengers by road; and, accordingly, in that section—
(a) in subsection (1)—
(i) in paragraph (a), sub-paragraph (iii) and the words “and passengers” shall be omitted; and
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) subsection (5) (nothing in that section to authorise Board to use hackney carriages plying or standing for hire) shall be omitted; and
(c) in subsection (6) (exclusion of Board’s power to provide road transport services apart from that section) the words “or passengers” shall be omitted.
119 Bus substitution services and bus service conditions.
(1) This section applies where the Secretary of State imposes a condition requiring the Railways Board to secure the provision of an alternative service for the carriage of passengers by road—
(a) under section 54(5) of the 1968 Act, in giving his consent to the discontinuance by the Board of all railway passenger services from any station or on any line (referred to below in this section as a closure); or
(b) under section 122 of this Act, in revoking any previous condition to that effect (whether imposed as mentioned in paragraph (a) above or imposed under section 122);
and any such service required by a condition so imposed is referred to below in this Act as a bus substitution service.
(2) In any such case the Board shall secure the provision of the bus substitution service in exercise of their powers under section 4A of the 1962 Act (provision of road passenger transport services where a railway service has been interrupted or discontinued); and subsection (2) of that section (which makes provision with respect to the route and stopping places of any service provided on discontinuance of a railway service) shall be subject to the condition requiring the bus substitution service and to any other condition imposed by the Secretary of State in connection with the closure or (as the case may be) under section 122 of this Act with respect to the operation of that service.
(3) The Passenger Transport Executive for any passenger transport area may enter into agreements with the Railways Board under which the Executive make payments to the Board in respect of the cost incurred by the Board in securing the provision of any bus substitution service between places in the Executive’s area or between such places and places outside that area but within the permitted distance for the purposes of section 10(1)(ii) of the 1968 Act as it applies to that Executive (that is to say, twenty-five miles from the nearest point on the boundary of that area).
(4) The Secretary of State may not vary or revoke any condition imposed by him as mentioned in subsection (1)(a) or (b) above with respect to the provision or operation of a bus substitution service (referred to below in this Act as a bus service condition) except as provided below in this section.
(5) A bus service condition requiring the Board to secure the provision of a bus substitution service may not be—
(a) revoked; or
(b) varied so as to permit the Board to withdraw the service from any locality or point for the time being specified in the condition as a locality or point the service is required to serve;
except in accordance with the procedure provided by sections 120 to 122 of this Act (which corresponds, with certain modifications, to the procedure applicable under section 56 of the 1962 Act in relation to a closure); but, subject to that, a bus service condition may at any time be varied or revoked by the Secretary of State.
120 Notice of withdrawal of bus substitution service.
(1) Where the Railways Board propose—
(a) to seek revocation of a bus service condition requiring them to secure the provision of a bus substitution service; or
(b) to seek variation of such a condition so as to permit them to withdraw any such service from any locality or point for the time being specified in the condition as a locality or point the service is required to serve;
they shall, not less than six weeks before the date they propose for the withdrawal of the service or (as the case may be) for the withdrawal of the service from that locality or point (referred to below in this Act as the withdrawal of service) publish in two successive weeks in two local newspapers circulating in the area affected, and in such other manner as appears to them appropriate, a notice complying with subsection (2) below.
(2) The notice shall—
(a) give the date proposed by the Board for the withdrawal of service and particulars of the proposed withdrawal, of any alternative services which it appears to the Board will be available and of any proposals of the Board for securing the provision of alternative services or augmenting any available alternative services; and
(b) state that objections to the revocation or (as the case may be) to the variation of the bus service condition may be lodged in accordance with this section within six weeks of a date specified in the notice.
(3) The date so specified shall be the date on which the notice is last published in a local newspaper as required by subsection (1) above.
(4) Copies of the notice published under subsection (1) above shall be sent to the appropriate Area Committee.
(5) Where the proposed withdrawal of service relates to a service or part of a service which is subsidised by the Passenger Transport Executive for any passenger transport area under any agreement made with the Railways Board by virtue of section 119(3) of this Act, the Board shall not publish a notice with respect to the proposed withdrawal under subsection (1) above without the consent of the Executive to its publication.
(6) If in any such case the Board publish such a notice before obtaining that consent, the notice shall be of no effect unless before the end of the period fixed by the notice for objecting to the revocation or variation of the relevant bus service condition either—
(a) the Executive have informed the Board in writing that they consent to the publication; or
(b) the Secretary of State, on an application made for the purpose by the Board (whether before or after the publication of the notice) and after offering the Executive what the Secretary of State considers a reasonable opportunity to make any representations, has directed that the notice shall have effect notwithstanding that the Executive have not consented to its publication.
(7) Where in the case of any proposed withdrawal of service subsection (5) above does not apply but any locality or point affected by the proposed withdrawal is situated in a passenger transport area, the Railways Board shall send to the Passenger Transport Executive for that area a copy of the notice published by them under subsection (1) above.
121 Objections to withdrawal of bus substitution service.
(1) Where a notice has been published by the Railways Board under section 120(1) of this Act, any user of any service affected and any body representing such users may within the period specified in the notice lodge with the appropriate Area Committee an objection in writing.
(2) Where such an objection is lodged the committee shall immediately inform the Secretary of State and the Board.
(3) A committee with whom an objection has been lodged under subsection (1) above shall consider the objection and any representations made by the Board and report to the Secretary of State as soon as possible on the hardship, if any, which they consider will be caused by the proposed withdrawal of service, and the report may contain proposals for alleviating that hardship.
(4) The Secretary of State may require a further report from any committee making a report to him under subsection (3) above.
(5) Copies of every report under subsection (3) or (4) above shall be sent to the Central Committee and to the Board.
(6) Where, in the case of any withdrawal of service to which section 120(5) or (7) of this Act applies, notice of the withdrawal has been published under subsection (1) of that section, the Executive concerned may, within the period specified in the notice for objecting to the withdrawal, lodge with the Secretary of State a statement in writing that they oppose the withdrawal and of their reasons for opposing it.
The fact that the Executive concerned gave their consent to the publication of the notice shall not affect their right under this subsection to oppose the withdrawal of service.
(7) Where the Executive for any passenger transport area lodge such a statement with the Secretary of State they shall send a copy of that statement to the Board.
(8) References above in this section to a notice published under section 120(1) of this Act do not include a notice which under subsection (6) of that section is of no effect.
122 Revocation or variation of bus service conditions.
(1) Subject to subsection (2) below, where an objection to a proposed withdrawal of service is lodged under section 121 of this Act, the Secretary of State shall not revoke or (as the case may be) vary the bus service condition in question until he has received from the appropriate Area Committee the report required by subsection (3) of that section and any further report required by him under subsection (4) of that section.
(2) If in any case the Secretary of State considers that any such report has been unreasonably delayed he may, after consulting the committee concerned and making such enquiries as he thinks fit, revoke or vary the condition without waiting for the report.
(3) Where a statement opposing the proposed withdrawal is lodged by the Executive for a passenger transport area under section 121 of this Act, the Secretary of State shall have regard to that statement in determining whether to revoke or vary the bus service condition in question.
(4) In any case within subsection (1) or (3) above the Secretary of State shall have regard, in determining whether to revoke or vary the bus service condition in question, to any matters which for the time being appear to him to be relevant, including any social or economic considerations, and shall not revoke or vary the condition in accordance with the Board’s proposals—
(a) unless he is satisfied that a reasonable opportunity has been afforded for the making to him of representations with respect to the proposed withdrawal of service by or on behalf of employees of the Board affected by that withdrawal; or
(b) before he has considered any representations made while that opportunity remains available which he is satisfied are either made by such employees or made on behalf of such employees by an organisation appearing to him to represent such employees.
(5) The reference in subsection (4)(a) above to employees of the Board affected by the withdrawal of service is a reference to persons who are employed by the Board for the purposes of, or in connection with, the service in question and who appear to the Secretary of State to be likely to be directly affected by the withdrawal of service.
(6) In any case other than one within subsection (1) or (3) above the Secretary of State shall revoke or vary the bus service condition in question in accordance with the Board’s proposals if he is satisfied that adequate notice of those proposals was given in the notice published under section 120(1) of this Act in relation to the proposed withdrawal of service.
(7) Where in any case within subsection (1) or (3) above the Secretary of State revokes a bus service condition—
(a) he may do so subject to such conditions as he thinks fit, including a condition requiring the Railways Board to secure the provision of an alternative service for the carriage of passengers by road; and
(b) he may from time to time give such directions to the Board as he thinks fit in connection with the withdrawal of the bus substitution service required by that condition;
and, subject to section 119(4) of this Act, a condition imposed under paragraph (a) above may at any time be varied or revoked by the Secretary of State.
(1) For the purposes of sections 120 to 122 of this Act and this section—
(a) “Area Committee” means an Area Transport Users Consultative Committee established under section 56 of the 1962 Act or, in relation to the London area, the London Transport Users’ Committee;
(b) the appropriate Area Committee is the Area Committee for the area in which any locality or point affected by the proposed withdrawal of service is situated; and
(c) “the Central Committee” means the Central Transport Consultative Committee for Great Britain established under section 56 of the 1962 Act.
In paragraph (a) above “the London area” means the area for which for the time being the London Transport Users’ Committee is the Rail Users’ Consultative Committee by virtue of section 2(9) of the Railways Act 1993..
(2) Where objections with respect to any proposed withdrawal of service have been lodged with more than one Area Committee, the committees in question—
(a) may report to the Secretary of State jointly under section 121 of this Act; or
(b) may agree that the consideration of objections and representations relating to the withdrawal and the making of a report to the Secretary of State shall be delegated to any of those committees appearing to them to be principally concerned;
and references in sections 121 and 122 of this Act to a committee and to the appropriate Area Committee shall be read accordingly.
(3) Section 54(1) of the 1962 Act (advance information about railway and shipping closures) shall apply in relation to plans of the Railways Board for withdrawals of services (in the event of securing the necessary revocation or variation of the relevant bus service conditions) as it applies in relation to the Board’s plans for closures.
(4) The duty of the Central Committee and of each Area Committee (other than the London Regional Passengers’ Committee) under section 56(4) of the 1962 Act (duty to consider and make recommendations with respect to certain matters) shall apply to any matter affecting bus substitution services as it applies to any matter affecting the services and facilities provided by the Railways Board.
(5) References in sections 40 and 41 of the London Regional Transport Act 1984 (which deal with the functions of the London Regional Passengers’ Committee) to services and facilities provided by the Railways Board or any subsidiary of theirs shall include references to bus substitution services.
(6) Nothing in section 56(4) of the 1962 Act or section 40(4) of the London Regional Transport Act 1984, as it has effect by virtue of subsection (4) or (5) above in relation to matters affecting bus substitution services, shall entitle any committee to consider the charges made for any bus substitution service, or to consider any question relating to a withdrawal of service except as provided by section 121 of this Act.
(7) Section 56(13) of the 1962 Act (public hearings) shall apply in relation to hearings for the purposes of section 121(3) of this Act as it applies in relation to hearings for the purposes of subsection (9) of section 56 (objections to closures).
(8) In section 54(5) of the 1968 Act (power of Secretary of State to impose conditions in consenting to a closure)—
(a) at the beginning of paragraph (b) there shall be inserted the words “subject to section 119(4) of the Transport Act 1985”;
(b) in paragraph (c), for the words from “as to the provision” to the end of the paragraph there shall be substituted the words “requiring the Railways Board to provide or (as the case may be) secure the provision of alternative services; and”;
(c) in paragraph (d), the words from “and to the Bus Company” to “Scottish Group” shall be omitted; and
(d) in the words following paragraph (d), the words from “or, where” to “jointly” and the words from “or, as the case may be” to the end shall be omitted.
(9) Subsection (6) of that section shall be omitted, and in subsection (7), for the words “subsections (5) and (6)” there shall be substituted the words “subsection (5)”.
(10) In this section “closure” has the same meaning as in section 119 of this Act.
124 Reimbursement of Board’s expenses in securing bus substitution services.
(1) The Secretary of State may in respect of any period make grants to the Railways Board of such amounts as appear to him to be requisite for reimbursing the Board in respect of the net costs during that period of securing the provision of bus substitution services.
(2) The amount of those costs during any period shall be taken to be an amount equal to the difference between—
(a) the reduction in financial burden of the Board; and
(b) the reduction in revenue of the Board;
if the Board were not to secure the provision of those services during that period.
(3) Grants under this section require the approval of the Treasury and may be made subject to such conditions as the Secretary of State may, with the approval of the Treasury, think fit.
125 The Disabled Persons Transport Advisory Committee and Secretary of State’s Guidance.
(1) There shall be established in accordance with this section a body to be known as the Disabled Persons Transport Advisory Committee.
(2) The Committee shall consist of—
(a) a chairman appointed by the Secretary of State; and
(b) not less than ten, nor more than twenty, other members appointed by the Secretary of State after consultation with such bodies as appear to him to be representative of the interests of persons likely to be significantly concerned with matters within the competence of the Committee.
(3) The Secretary of State shall, so far as is reasonably practicable, secure that at all times at least half of the membership of the Committee consists of persons who are disabled.
(4) The Secretary of State may appoint one or more members of the Committee to be deputy chairman or (as the case may be) deputy chairmen of the Committee.
(5) It shall be the duty of the Committee to consider any matter, relating to the needs of disabled persons in connection with public passenger transport, which is referred to them by the Secretary of State or which they think it appropriate to consider without such a reference and to give such advice to the Secretary of State on any matter which they have considered as they think appropriate.
(6) The Committee shall make an annual report to the Secretary of State, who shall lay a copy of it before each House of Parliament.
(7) The Secretary of State shall from time to time issue guidance as to measures that may be taken with a view to—
(a) making access to vehicles used in the provision of public passenger transport services by road easier for disabled persons; and
(b) making such vehicles better adapted to the needs of disabled persons.
(8) The Secretary of State shall consult the Committee before issuing any such guidance.
(9) Schedule 5 to this Act shall have effect with respect to the Committee.