Law

Transport Act 2000

United Kingdom · statute

Ask the law about this More laws of United Kingdom For machines: Markdown

In force since 2026-10-29, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 5d25bd7d668a364daf279a1a9e8e07f8619442cde7d81f683302c51c09662aad

Contents: 428 provisions

Proposed changes to this act

No one has proposed a change to this act yet.

428 provisions

131C Continuation of schemes for areas in England: procedure

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

Propose a change

131D Continuation of schemes for areas in Wales: procedure

(1) This section has effect with respect to the continuation in operation under section 131A (or the proposed continuation in operation under that section) of a quality contracts scheme for an area in Wales (whether with or without modifications). (2) Subsections (2) and (3) to (9) of section 127 apply in relation to the continuation of the scheme as they apply in relation to the making of a scheme, but with the modifications in subsection (4). (3) Unless the proposal for the continuation of the scheme— (a) is an exempt continuation proposal, or (b) in a case where the authority or authorities have decided that the scheme should continue, was such a proposal, subsections (1)(b) and (1B) of section 127 also apply in relation to the continuation of the scheme, and with the modifications in subsection (4). (4) The modifications are— (a) any reference to proposing to make a scheme is to be read as a reference to proposing the continuation of a scheme, (b) any reference to making a scheme is to be read as a reference to deciding that a scheme should continue in operation, (c) any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation, (d) the references in section 127(2)(b) and (9)(c) to the date or dates on which the scheme is, or provisions of the scheme are, to come into operation are to be read as references to the day decided by the authority or authorities by virtue of section 131A(9), but further or different modifications, or exclusions, may also be made by regulations under section 133(3)(b). (5) Subsection (6) applies in any case where— (a) an authority or authorities propose that a quality contracts scheme for an area in Wales should continue in operation (with or without modification) under section 131A, and (b) the proposal is not an exempt continuation proposal. (6) In any such case, section 126 (approval by Welsh Ministers of proposed schemes for areas in Wales) applies in relation to a proposal for the continuation of a scheme as it applies in relation to a proposal to make a scheme, but with the modifications set out in subsection (7). (7) The modifications are— (a) any reference to a proposed scheme is to be read as a reference to a proposal for a scheme to continue in operation under section 131A; (b) the reference in section 126(2)(a) to wishing to make a scheme is to be read as a reference to wishing that a scheme should continue in operation; (c) any reference to any conditions set out in any paragraphs of section 124(1) being met is to be read as a reference to those conditions being met by the scheme as proposed to continue in operation (with any proposed modifications); (d) any reference to section 125 or any provision of that section is to be read as a reference to that section or provision as it has effect by virtue of section 131A. (8) If, acting on the basis that the proposal for the continuation of the scheme is an exempt continuation proposal, the authority or authorities decide that the scheme is to continue, they must— (a) publish in such manner as they think fit, and within the time allowed, a notice announcing their decision on the proposal, (b) supply a copy of that notice to each of the persons mentioned in section 125(3) as it applies by virtue of section 131A, and (c) give notice of the decision in accordance with section 127(8) and (9). (9) For the purposes of subsection (8)(a), the time allowed is the period of 6 months following the date of publication of the consultation document required by section 125(1)(a) as it applies by virtue of section 131A.

Propose a change

131E Appeals where proposed continuation considered exempt

(1) This section applies where an authority or authorities who propose that a quality contracts scheme should continue in operation (with or without modifications) under section 131A— (a) decide that the proposal is an exempt continuation proposal, and (b) acting on the basis of that decision, decide that the scheme should so continue in operation. (2) Any person falling within subsection (3) may appeal to the Upper Tribunal against— (a) the decision of the authority or authorities that the proposal is an exempt continuation proposal, or (b) the decision of the authority or authorities that the scheme is to continue in operation (with or without any modifications). (3) The persons are— (a) any person who was consulted under section 125(3) (as it applies by virtue of section 131A in a case where the proposal is an exempt proposal), (b) any person who was not so consulted, but who, in the opinion of the Upper Tribunal, ought to have been so consulted. (4) An appeal under this section may be— (a) on a point of law, or (b) on a question of fact. (5) On an appeal under this section the Upper Tribunal shall have power— (a) to make such order as they think fit, or (b) to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct. (6) The powers of the Tribunal on an appeal under this section include power to do any one or more of the following— (a) dismiss the appeal in whole or in part, (b) remit the matter to the authority or authorities with one or more directions under subsection (7), (c) direct the authority or authorities to vary the scheme, as it continues or is to continue in operation, in such manner as the Tribunal may specify in the direction (but see subsection (8)), (d) quash the whole or any part of the decision of the authority or authorities (but see subsection (9)). (7) A direction under this subsection is a direction for the authority or authorities to do each of the following— (a) consider or reconsider such matters as may be specified in the direction, (b) as respects those matters, consult or further consult the persons mentioned in section 125(3) as it applies by virtue of section 131A in a case where the proposal is an exempt continuation proposal, (c) make such variations of the scheme, as it continues or is to continue in operation, as may in consequence appear appropriate to the authority or authorities. (8) The Tribunal may give a direction under this section to vary a scheme by reducing the area to which it relates only if they are of the opinion that the conditions in section 132(3) are met. (9) The power of the Tribunal under this section to quash a decision of an authority or authorities that a scheme should continue in operation under section 131A is exercisable only if the Tribunal are of the opinion that there are defects in the scheme which are not capable of being remedied by varying the scheme under or by virtue of subsection (6)(b) or (c). (10) If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the proposal for the scheme to continue in operation was not an exempt continuation proposal— (a) they must allow the appeal to that extent, (b) they must remit the matter to the authority or authorities, with or without directions, and (c) subsections (11) to (14) have effect. (11) The directions that the Tribunal may give under this section include— (a) directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposal for continuation under section 131A is not an exempt continuation proposal, (b) directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a) or (b) of subsection (1) of section 131B (meaning of “exempt continuation proposal”) is met in the case of the scheme, (c) directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken. (12) Where the Tribunal give directions falling within subsection (11), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order. (13) ... the Tribunal may not make any order which has the effect of— (a) giving approval under section 126 as it applies by virtue of section 131D, or (b) dispensing with the need for any such approval, but this is without prejudice to the temporary provision that may be made in directions falling within subsection (11)(c). (14) The appropriate national authority may make regulations with respect to the procedure to be followed in relation to a scheme in cases where the Tribunal decide that the proposal for continuation under section 131A was not an exempt continuation proposal.

Propose a change

131F Appeals where proposed continuation considered non-exempt

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

Propose a change

132 Variation or revocation of scheme.

(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 (c) providing for new exclusions from the scheme or for the variation or revocation of existing exclusions. (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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 (c) the provision of new exclusions from the scheme, 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.

Propose a change

132A Appeals where proposed variation considered exempt

(1) This section applies where an authority or authorities who propose to vary a quality contracts scheme under section 132— (a) decide that the proposal is an exempt variation for the purposes of that section, and (b) acting on the basis of that decision, decide to vary the scheme under that section. (2) Any person falling within subsection (3) may appeal to the Upper Tribunal against— (a) the decision of the authority or authorities that the variation is an exempt variation for the purposes of section 132, or (b) the decision of the authority or authorities as to the variation of the scheme under that section. (3) The persons are— (a) any person who was consulted under section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132), (b) any person who was not so consulted, but who, in the opinion of the Upper Tribunal, ought to have been so consulted. (4) An appeal under this section may be— (a) on a point of law, or (b) on a question of fact. (5) On an appeal under this section the Upper Tribunal shall have power— (a) to make such order as they think fit, or (b) to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct. (6) The powers of the Tribunal on an appeal under this section include power to do any one or more of the following— (a) dismiss the appeal in whole or in part, (b) remit the matter to the authority or authorities with one or more directions under subsection (7), (c) direct the authority or authorities to vary the scheme, to the extent of the variation made by the authority or authorities, in such manner as the Tribunal may specify in the direction (but see subsection (8)), (d) quash the whole or any part of the decision of the authority or authorities. (7) A direction under this subsection is a direction for the authority or authorities to do each of the following— (a) consider or reconsider such matters as may be specified in the direction, (b) as respects those matters, consult or further consult the persons mentioned in section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132), (c) make such variations of the scheme as may in consequence appear appropriate to the authority or authorities. (8) The Tribunal may give a direction under this section to vary a scheme by reducing the area to which the scheme relates only if they are of the opinion that the conditions in section 132(3) are met. (9) If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the variation was not an exempt variation for the purposes of section 132— (a) they must allow the appeal to that extent, (b) they must remit the matter to the authority or authorities, with or without directions, and (c) subsections (10) to (13) have effect. (10) The directions that the Tribunal may give under this section include— (a) directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposed variation under section 132 is not an exempt variation, (b) directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a), (b) or (c) of section 132(11) (meaning of “exempt variation”) is met in the case of the variation, (c) directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken. (11) Where the Tribunal give directions falling within subsection (10), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order. (12) ... the Tribunal may not make any order which has the effect of— (a) giving approval under section 126 as it applies by virtue of section 132, or (b) dispensing with the need for any such approval, but this is without prejudice to the temporary provision that may be made in directions falling within subsection (10)(c). (13) The appropriate national authority may make regulations with respect to the procedure to be followed in cases where the Tribunal decide that the variation or proposed variation was not an exempt variation for the purposes of section 132.

Propose a change

132B Exemption from s.132 for specific variations directed by Tribunal

(1) This section applies in relation to any of the following appeals— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) an appeal under section 131E(2)(a) against a decision that a proposal was an exempt continuation proposal, (c) an appeal under section 131E(2)(b) against a decision that a scheme should continue in operation, (d) an appeal under section 131F(2) against a decision that a scheme should continue in operation, (e) an appeal by virtue of section 132 against a decision to vary a scheme, (f) an appeal under section 132A(2)(a) against a decision that a variation was an exempt variation for the purposes of section 132, (g) an appeal under section 132A(2)(b) against a decision as to the variation of a scheme under section 132. (2) Where— (a) any such appeal is made to the Upper Tribunal, and (b) on that appeal, the Tribunal direct the authority or authorities to vary the scheme in the manner specified by the Tribunal in the direction, nothing in section 132(5) to (9) (procedure for variation of scheme) applies in relation to the varying of the scheme in the manner specified in the direction, unless the Tribunal otherwise direct. (3) Subsection (2) is without prejudice to any right of appeal against the decision of the Upper Tribunal.

Propose a change

132C Power of authorities to provide services in exceptional circumstances

(1) This section applies where a person who has agreed to provide a service (“the old service”) in accordance with a quality contract ceases to do so before the end of the period for which the contract was intended to have effect. (2) The authority, or any one of the authorities, who entered into the quality contract may, in accordance with subsections (4) to (8) and section 132D, provide a local service (an “interim service”) in place of the old service or any part of it. (3) Subsection (2) has effect notwithstanding any prohibition, restriction or limitation contained in any other enactment on the power of the authority to provide local services. (4) An authority who provide an interim service of any description must hold a PSV operator’s licence to which no condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licence) prohibiting the authority from using vehicles under the licence to provide services of that description. (5) Subsection (6) applies if— (a) an authority provide an interim service in place of an old service or any part of an old service, and (b) the authority or authorities who entered into the quality contract for the provision of the old service propose to enter into a quality contract for the provision of a replacement service in place of that service or (as the case may be) that part. (6) The authority, or the authorities acting jointly, must invite tenders (in accordance with section 130) for the provision of the replacement service— (a) as soon as reasonably practicable after the authority providing the interim service begin to do so, and (b) in any event no later than three months after the date on which provision of the old service ceased. (7) But subsection (6) does not apply if the authority, or the authorities acting jointly, decide to secure the provision of the replacement service under section 131 (circumstances in which quality contracts may be entered into without inviting tenders). (8) The particulars of an interim service, or of a replacement service, need not be identical to the particulars of the old service, or that part of the old service, which it replaces. (9) In this section— “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978); “interim service” has the meaning given by subsection (2); “the old service” has the meaning given by subsection (1); “replacement service” means a local service provided under a quality contract in place of an old service or any part of an old service.

Propose a change

132D Period for which interim service may be provided

(1) This section applies for the purpose of determining the period for which an authority may provide an interim service which is provided in place of— (a) an old service (“the relevant service”), or (b) part of an old service (“the relevant part”). (2) If the authority do not, within the period of three months beginning with the date on which provision of the relevant service ceased,— (a) enter into a quality contract to provide a replacement service in place of the relevant service or (as the case may be) the relevant part, or (b) issue an invitation to tender in pursuance of section 132C(6), the authority must not provide the interim service after the end of that period. (3) If the authority enter into a quality contract to provide such a replacement service within the period mentioned in subsection (2), the authority must not provide the interim service after the earlier of the following dates— (a) the date on which the replacement service is first provided; (b) the date falling nine months after the date on which the interim service is first provided. (4) If the authority issue invitations to tender in pursuance of section 132C(6) within the period mentioned in subsection (2) (but do not enter into a quality contract to provide such a replacement service within that period), the authority must not provide the interim service after the earlier of the following dates— (a) the date on which a replacement service is first provided in place of the relevant service or (as the case may be) the relevant part; (b) the date determined in accordance with subsection (5). (5) The date is the later of— (a) the date falling nine months after the date on which the interim service is first provided; (b) such date, not later than three months after the date mentioned in paragraph (a), as may be determined by a traffic commissioner on the application of the authority. (6) A traffic commissioner may determine a date under subsection (5)(b) only if satisfied that there is a realistic prospect that, if the determination is made, a replacement service will be provided in place of the relevant service or (as the case may be) the relevant part on or before that date. (7) Any application to a traffic commissioner under paragraph (b) of subsection (5) must be made at least one month before the date mentioned in paragraph (a) of that subsection. (8) The authority must not make more than one application under subsection (5)(b) in respect of any interim service. (9) In this section— “interim service” and “replacement service” have the meaning given in section 132C; “the relevant service” and “the relevant part” have the meaning given in subsection (1); and, in any case where the authority entered into the quality contract for the provision of the relevant service jointly with one or more other authorities, references in this section to the authority entering into a quality contract for a replacement service, or issuing invitations to tender for such contracts, are references to those authorities acting jointly.

Propose a change

133 Regulations about schemes.

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) the local services or classes of local services which are to be, or may be, excluded from schemes, (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, (c) the holding of inquiries or hearings into objections, (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, (c) propose or decide to vary or revoke a scheme under section 132. (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

134 Transitional provision about schemes.

(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 (c) the ending of such schemes (whether or not as a result of their revocation). (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.

Propose a change

134A Guidance about schemes

(1) The appropriate national authority may issue guidance concerning the performance by local transport authorities of their functions under this Part in relation to quality contracts schemes. (2) Those authorities must have regard to any such guidance.

Propose a change

134B Quality contracts: application of TUPE

(1) Subsection (3) applies to a situation in which— (a) on the coming into force of a quality contract, local services cease to be provided by a person (the “former operator”) in the area to which the relevant quality contracts scheme, or (in the case of a scheme which provides for different provisions to come into operation on different dates) the relevant provision of the scheme, relates, in accordance with section 129(1)(b), and (b) at the same time, a person (the “new operator”) begins to provide local services in that area under that quality contract. (2) Subsection (3) also applies to a situation in which— (a) local services which, on the coming into force of a quality contract, a person (the “former operator”) would be required by virtue of section 129(1)(b) to cease providing in the area mentioned in subsection (1)(a) of this section, cease to be provided by the former operator before the coming into force of that quality contract, and (b) at the same time, a person (the “new operator”) begins to provide local services in that area under an agreement which the authority or authorities who made the relevant quality contracts scheme entered into by reason of the cessation of the local services referred to in paragraph (a). (3) Any situation to which this subsection applies is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) (whether or not TUPE would apply apart from this subsection). (4) For the purposes of TUPE, the organised grouping of employees that is subject to the relevant transfer consists of those employees of the former operator whose employment is principally connected with the provision of the local services referred to in subsection (1)(a) or (as the case may be) the local services referred to in subsection (2)(a). (5) Any situation which by virtue of this section is treated as a relevant transfer for the purposes of TUPE is also to be treated as a relevant transfer within the meaning of TUPE for the purposes of sections 257 and 258 of the Pensions Act 2004 and any regulations made under section 258 of that Act. (6) The Secretary of State may make regulations supplementing the provision made by this section. (7) The provision that may be made by regulations under subsection (6) includes— (a) provision for determining, for the purposes of subsection (4), whether a person's employment is principally connected with the provision of any particular local services (including provision for or in connection with the appointment of a person to make such determination); (b) provision for determining, in the case of any particular organised grouping of employees, the particular new operator who is to be the transferee for the purposes of TUPE (including provision for or in connection with the appointment of a person to make such determination); (c) provision requiring any person operating local services in the area to which a quality contracts scheme relates to provide the authority or authorities who made the scheme with such information as may be prescribed, at such time as may be prescribed, about such of that person's employees as would fall within subsection (4) if the person ceased to provide those services in the circumstances described in subsection (1)(a); (d) provision requiring the authority or authorities who made a quality contracts scheme to provide all persons operating local services in the area to which the scheme relates with such information as may be prescribed, at such time as may be prescribed, so as to enable such persons to comply with any requirement imposed by virtue of paragraph (c) of this subsection; (e) provision requiring the authority or authorities who made a quality contracts scheme to ensure that any quality contract entered into with a person under the scheme, or any other agreement made with a person for the provision of local services in the area to which the scheme relates, is made on terms— (i) that require the person, in the event of there being any transferring employees, to secure pension protection for every transferring employee, or every transferring employee of a prescribed description, who as an employee of the former operator had rights to acquire pension benefits, and (ii) that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee. (8) For the purposes of this section— (a) “transferring employee” means an employee of a former operator whose contract of employment becomes, either by virtue of TUPE or by virtue of this section, a contract of employment with a new operator; (b) “pension protection” is secured for a transferring employee if after the change of employer referred to in paragraph (a)— (i) the employee has, as an employee of the new operator, rights to acquire pension benefits, and (ii) those rights are of such description as is prescribed by regulations. (9) The Secretary of State must exercise the power conferred by this section to make regulations containing provision falling within subsection (7)(e) so as to ensure— (a) that pension protection is required to be secured for every transferring original employee who, as an employee of the original operator, had rights to acquire pension benefits, and (b) that the rights to acquire pension benefits which a transferring original employee has as an employee of the new operator by virtue of paragraph (a) are rights which— (i) are the same as the rights the transferring original employee had as an employee of the original operator, or (ii) under provision made by regulations, count as being broadly comparable to, or better than, those rights. (10) For the purposes of subsection (9)— “transferring original employee” means a transferring employee— who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant quality contracts scheme relates, and whose contract of employment— was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, or on each occasion when the employee was subject to a relevant transfer became, either by virtue of TUPE or by virtue of this section, a contract of employment with a person providing local services in the area referred to in paragraph (a); “relevant date”, in relation to a quality contracts scheme, means— the date on which the scheme was made, or where— the local services being provided by the original operator were not subject to the scheme when it was made, and as a result of either the variation of the scheme, or the continuation of the scheme with modifications, those services became subject to the scheme, the date on which that variation, or (as the case may be) the decision to continue the scheme with those modifications, was made; “relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE. (11) A person is guilty of an offence under this subsection if— (a) the person provides information in accordance with a requirement imposed by virtue of subsection (7)(c), (b) the information is false or misleading in a material particular, and (c) the person knows that it is or is reckless as to whether it is. (12) A person who is guilty of an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Propose a change

134C Advanced ticketing schemes

(1) A local transport authority whose area is in England, or two or more such authorities acting jointly, may make a ticketing scheme (an “advanced ticketing scheme”) covering the whole or any part of their area, or combined area, if they consider that the proposed scheme— (a) would be in the interests of the public, and (b) would contribute to the implementation of their local transport policies. (2) An advanced ticketing scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 134D. (3) An advanced ticketing scheme is a scheme under which operators of local services of a class specified in it are required to make and implement arrangements under which persons may purchase, in a single transaction, a ticket (or tickets) of any of the descriptions which may be covered by an advanced ticketing scheme and to which the scheme applies. (4) The descriptions of tickets which may be covered by an advanced ticketing scheme are— (a) tickets entitling the holder to make more than one journey on particular local services or on local services of a class specified in the scheme (whether or not operated by the same person), (b) tickets entitling the holder to make a particular journey on two or more local services (whether or not operated by the same person), (c) where a particular journey could be made on local services provided by any of two or more operators, tickets entitling the holder to make the journey on whichever service the holder chooses, and (d) tickets entitling the holder to make a journey, or more than one journey, involving both travel on one or more local services and travel by one or more connecting rail or tram services. (5) A connecting rail or tram service, in relation to an advanced ticketing scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between— (a) a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the ticketing scheme relates, and (b) any other place. (6) The arrangements in an advanced ticketing scheme may make provision for different types of ticket including, in particular— (a) tickets that are valid for a specified period, and (b) tickets that are valid only in a specified area. (7) The arrangements in an advanced ticketing scheme may include— (a) provision about enabling tickets to be purchased or fares to be paid in particular ways, (b) provision about the persons from whom tickets may be purchased or to whom fares may be paid, (c) provision about enabling entitlement to travel to be evidenced in particular ways, (d) provision about providing information about the arrangements to the public, (e) provision about publicising local services, fares or ticketing arrangements provided or made available by any operator of a local service of a class specified in the scheme, and (f) provision as to the appearance of tickets. (8) Different arrangements may be specified in an advanced ticketing scheme for different cases. (9) In carrying out their functions under this Part in relation to advanced ticketing schemes, local transport authorities whose areas are in England must co-operate with one another. (10) In carrying out their functions under this Part in relation to making or varying advanced ticketing schemes, local transport authorities must have regard to the desirability, in appropriate cases, of having a ticketing scheme that— (a) facilitates journeys between the area to which the ticketing scheme applies and adjoining areas of England, or (b) facilitates the adoption of similar ticketing arrangements in adjoining areas of England. (11) In considering whether to make or vary an advanced ticketing scheme under this section, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.

Propose a change

134D Notice and consultation requirements

(1) If a local transport authority for an area in England, or two or more such authorities, propose to make an advanced ticketing scheme under section 134C, they must give notice of the proposed scheme in such manner as they consider appropriate for bringing it to the attention of persons in the area to which it relates. (2) The notice must specify the date on which the scheme is proposed to come into operation. (3) After giving notice of the proposed scheme, the authority or authorities must consult— (a) all operators of local services who would, in the opinion of the authority or authorities, be affected by it, (b) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit, (c) any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by the proposed scheme, (d) the Passengers' Council, (e) the Competition and Markets Authority, and (f) a traffic commissioner. (4) For the purpose of subsection (3)(c) the following are relevant local authorities— (a) local transport authorities, (b) district councils in England, (c) National Park authorities, (d) the Broads Authority, (e) London transport authorities, and (f) councils in Scotland.

Propose a change

134E Making of scheme

(1) If, after consulting in accordance with section 134D, the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications. (2) If the scheme applies to tickets within section 134C(4)(d), it may only be made with the agreement of the operators of the connecting rail or tram services concerned. (3) The scheme must specify the date on which it is to come into operation, which must not be earlier than three months after the date on which it is made. (4) Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of the making of the scheme— (a) in such manner as they consider appropriate for bringing it to the attention of persons in the area to which it relates, (b) to a traffic commissioner, (c) to all operators of local services or services for the carriage of passengers by railway or by tramway (or by both) who would, in the opinion of the authority or authorities, be affected by it, and (d) to the Secretary of State if it applies to tickets within section 134C(4)(d). (5) The notice must set out the terms of the scheme and the date on which it is to come into operation. (6) The authority or authorities to whose area or combined area the scheme relates may vary or revoke the scheme. (7) If the proposed variation would result in the scheme relating to all or part of the area of another local transport authority, the reference in subsection (6) to the authority or authorities includes that other authority. (8) The variation or revocation is subject to the same procedure as the making of the scheme and in the application of that procedure— (a) a reference in sections 134C(1) to (9) and 134D and subsections (1) to (5) to making a scheme is to be treated as a reference to varying or revoking a scheme, (b) a reference in those provisions to the proposed scheme is to be treated as a reference to the scheme as proposed to be varied or to the proposed revocation of the scheme, and (c) a reference in those provisions to the date on which a scheme comes into operation is to be treated as a reference to the date on which the scheme as varied comes into operation or the date on which the scheme comes to an end.

Propose a change

134F Effect of scheme

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

Propose a change

134G Guidance

(1) The Secretary of State may issue guidance concerning the exercise by local transport authorities of their functions under this Part in relation to advanced ticketing schemes. (2) The authorities must have regard to any such guidance in exercising those functions.

Propose a change

135 Joint and through ticketing schemes.

(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.

Propose a change

136 Notice and consultation requirements.

(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 (c) a traffic commissioner.

Propose a change

137 Making of scheme.

(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.

Propose a change

138 Effect of scheme.

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.

Propose a change

138A Enhanced partnership plans and schemes

(1) A local transport authority whose area is in England, or two or more such authorities acting jointly, may make— (a) an enhanced partnership plan in relation to the whole or part of their area, or combined area, and (b) one or more enhanced partnership schemes relating to the whole or part of the area to which the plan relates. (2) A local transport authority or authorities who have made an enhanced partnership plan may make further enhanced partnership schemes relating to the whole or part of the area to which the plan relates. (3) An enhanced partnership plan is a plan that— (a) specifies the area and the period to which the plan relates, (b) sets out an analysis of the local services provided in that area, (ba) lists which of those local services the authority or authorities consider are socially necessary local services, (c) sets out policies relating to local services in that area, (d) sets out objectives as regards the quality and effectiveness of local services provided in that area by reference to that period, (e) describes how the related enhanced partnership scheme or schemes is or are intended to assist in implementing those policies and achieving those objectives, and (f) describes the intended effect of the related enhanced partnership scheme or schemes on areas neighbouring the area to which the plan relates. (4) An enhanced partnership plan must state whether the plan is to be reviewed and, if so— (a) specify how it is to be reviewed, and (b) specify the dates by which reviews are to be completed. (4A) A review under subsection (4) is not to include a review of the list of socially necessary local services required by subsection (3)(ba); but the authority or authorities must keep that list under review and amend it from time to time as appears to them to be necessary. (5) An enhanced partnership scheme is a scheme that— (a) specifies the area to which the scheme relates, and (b) imposes requirements in relation to local services that have one or more stopping places in that area by specifying them in the scheme (see sections 138C and 138CA). (6) An enhanced partnership scheme may also— (a) require the authority or authorities to provide particular facilities in the area to which the scheme relates (see section 138D), (b) require the authority or authorities to take particular measures in relation to local services in the whole or part of that area (see section 138D), and (c) include provision about its variation or revocation (see section 138E). (7) An enhanced partnership scheme must state whether the operation of the scheme is to be reviewed and, if so— (a) specify how it is to be reviewed, and (b) specify the dates by which reviews are to be completed. (8) An enhanced partnership plan must include a description of the authority's or authorities' plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the plan and any related scheme are working. (9) An enhanced partnership scheme may not be made unless the authority or authorities are satisfied that the scheme will contribute to the implementation of— (a) the policies set out in the related enhanced partnership plan, and (b) their local transport policies. (10) An enhanced partnership scheme may not be made unless the authority or authorities are satisfied that the scheme will— (a) bring benefits to persons using local services in the whole or any part of the area to which the scheme relates by improving the quality or effectiveness of those services, or (b) reduce or limit traffic congestion, noise or air pollution. (11) An enhanced partnership plan or scheme may not be made unless the authority or authorities have complied with the requirements in— (a) section 138F (preparation, notice and consultation), and (b) section 138G(1) to (4) (making of plan and scheme). (12) An enhanced partnership plan may not be made without also making an enhanced partnership scheme. (13) In carrying out their functions under this Part in relation to enhanced partnership plans or schemes local transport authorities must co-operate with each other. (14) Before making an enhanced partnership plan, a local transport authority must have regard to the desirability, in appropriate cases, of making an enhanced partnership plan and enhanced partnership schemes jointly with one or more other local transport authorities. (15) In this section and section 138C “socially necessary local service”, in relation to the area to which an enhanced partnership plan relates, means a local service which— (a) enables passengers to access— (i) essential goods and services, (ii) economic opportunities (including employment), or (iii) social activities, and (b) if cancelled, is likely to have a material adverse effect on the ability of passengers to access those goods, services, opportunities or activities.

Propose a change

138B Further parties to a scheme

(1) Subsection (2) applies if— (a) the provision of any of the facilities specified in an enhanced partnership scheme, or (b) the taking of any of the measures specified in such a scheme, requires the making of a traffic regulation order in respect of a road or other place in a metropolitan district (other than a road for which the Secretary of State is the traffic authority). (2) Where this subsection applies, the scheme may not be made unless it is made by— (a) the local transport authority or authorities, and (b) the local highway authority for the local authority area, acting jointly. (3) Subsection (4) applies if— (a) the provision of any of the facilities specified in an enhanced partnership scheme, or (b) the taking of any of the measures specified in such a scheme, requires the making of a traffic regulation order in respect of a road for which the Secretary of State is the traffic authority. (4) Where this subsection applies, the scheme may not be made unless it is made by— (a) the local transport authority or authorities, and (b) the Secretary of State, acting jointly. (5) Where subsection (2) or (4) applies so that a local highway authority or the Secretary of State makes an enhanced partnership scheme, then (subject to section 138N) the references to the authority or authorities in— (a) sections 138A(6) and (11), (b) sections 138F to 138J, (c) section 138K(1) and (3) to (5), (d) sections 138L and 138M, (e) section 138O, and (f) paragraph 27(4) of Schedule 9 to the Road Traffic Regulation Act 1984, include (as well as the local transport authority or authorities) the metropolitan district council or the Secretary of State. (6) Subsection (5) is not to be taken as affecting the area indicated by references in the provisions mentioned in that subsection to the authority's or authorities' area or combined area.

Propose a change

138C Requirements in respect of local services

(1) An enhanced partnership scheme may specify under section 138A(5)(b) requirements about the frequency or timing of particular local services or local services of particular descriptions. (2) A requirement falling within subsection (1) may, in particular, determine the frequency or timing allowed in relation to a local service— (a) by reference only to that service, or (b) by reference to that service and other local services, taken together. (3) An enhanced partnership scheme may specify under section 138A(5)(b) other requirements as to the standard of services to be provided. (4) The other requirements referred to in subsection (3) include— (a) requirements which the vehicles being used to provide local services, or particular descriptions of local services, must meet, (b) requirements about enabling tickets to be purchased or fares to be paid in particular ways, (c) requirements about enabling entitlement to travel to be evidenced in particular ways, (d) requirements about providing information to the public about local services or particular descriptions of local services, (e) requirements as to the publicising of local services, fares or ticketing arrangements or particular descriptions of local services, fares or ticketing arrangements, (f) requirements as to the appearance of tickets for local services or particular descriptions of local services, (g) requirements as to the appearance of vehicles being used to provide local services or particular descriptions of local services, (h) requirements as to the prices of multi-operator tickets, (i) requirements as to dates upon which operators may change the timing of local services or particular descriptions of local services, and (j) requirements as to ticketing arrangements. (5) The requirements that may be specified under subsection (4)(a) include— (a) requirements about providing information to passengers by placing particular electronic equipment, or electronic equipment of particular descriptions, in vehicles, and (b) requirements about emissions or types of fuel or power. (6) The requirements that may be specified under subsection (4)(b) include requirements about the persons from whom tickets may be purchased or to whom fares may be paid. (7) The requirements that may be specified under subsection (4)(j) include— (a) requirements to make arrangements for— (i) travel to, within or through particular areas, (ii) travel at particular times, (iii) travel on particular local services or particular descriptions of local services, (iv) travel on particular journeys or on particular descriptions of journey, or (v) travel by persons of particular descriptions, (b) requirements to make arrangements entitling persons to make a journey, or journeys, involving both travel on one or more local services and travel by one or more connecting rail or tram services, and (c) requirements about the terms and conditions upon which such travel is made available. (8) A connecting rail or tram service, in relation to an enhanced partnership scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between— (a) a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the scheme relates, and (b) any other place. (9) The requirements that may be specified in an enhanced partnership scheme also include requirements— (a) as to operators of local services establishing and operating arrangements that facilitate the operation of the scheme; (b) that persons using local services in the area to which the scheme relates benefit from any reduction in the cost of operating those services that results from facilities provided or measures taken by— (i) the Secretary of State, (ii) a local transport authority, or (iii) any other person exercising functions of a public nature. (9A) An enhanced partnership scheme must— (a) specify requirements that apply where the operator of a socially necessary local service listed as required by section 138A(3)(ba) proposes— (i) to cancel a registration under section 6 of the Transport Act 1985 in relation to the service, or (ii) to vary the registration in such a way as is likely to have a material adverse effect on the ability of passengers to access the goods, services, opportunities or activities mentioned in section 138A(15)(a) in relation to the service; (b) require a local transport authority or authorities, having been notified of a proposed cancellation or a proposed variation which is likely to have such an effect, to consider whether any alternative arrangements may be made so as to mitigate that effect. (10) A requirement imposed by an enhanced partnership scheme has effect only in relation to so much of a local service as is provided in the area to which the scheme relates. (11) An enhanced partnership scheme may not impose requirements in relation to the use of vehicles under permits granted under section 22 of the Transport Act 1985. (12) In this section “multi-operator ticket” means a ticket, or a number of tickets purchased in a single transaction, entitling the holder to make a journey that involves or may involve, or journeys that involve or may involve, the use of local services provided by more than one operator.

Propose a change

138CA Requirements enabling travel by persons with disabilities

(1) An enhanced partnership scheme may specify under section 138A(5)(b) requirements about enabling persons with disabilities to travel on local services independently, and in safety and reasonable comfort. (2) The requirements may include requirements about securing alternative means for the carriage of a person with a disability where— (a) the person cannot travel on a public service vehicle being used to provide a local service because the vehicle’s wheelchair space is occupied and cannot be vacated readily, and (b) it is possible for the person, together with any wheelchair, mobility aid or assistance dog which the person has with them, to be carried in safety and reasonable comfort to the person’s intended destination by a taxi or private hire vehicle. (3) Before making an enhanced partnership scheme, a local transport authority must consider whether the requirements proposed to be specified in the scheme will enable persons with disabilities to travel independently, and in safety and reasonable comfort, on local services that have one or more stopping places in the area to which the scheme relates. (4) In this section— “assistance dog” has the meaning given by section 173(1) of the Equality Act 2010; “mobility aid” has the meaning given by section 164A(6) of that Act; “persons with disabilities” means persons who have a disability within the meaning given by section 6 of that Act.

Propose a change

138D Facilities and measures

(1) The facilities which may be specified in an enhanced partnership scheme— (a) must be facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the scheme relates, or facilities which are ancillary to such facilities, but (b) may not be facilities which are required to be provided as a result of section 139 or 140. (2) The measures which may be specified in an enhanced partnership scheme— (a) must be measures taken for the purpose of— (i) increasing the use of local services ... to which the measures relate or ending or reducing a decline in the use of such services, or (ii) improving the quality of local services ... to which the measures relate, but (b) may not include the provision of such facilities as are described in subsection (1)(a) or as are required to be provided as a result of section 139 or 140. (3) The Secretary of State may by regulations make further provision about the measures which may or may not be specified in an enhanced partnership scheme.

Propose a change

138E Provision relating to variation or revocation

(1) An enhanced partnership scheme may specify cases in which the scheme may be varied or revoked in accordance with the scheme. (2) The scheme may provide for variation or revocation in a particular case to be subject to satisfying such conditions as the scheme specifies. (3) The cases that may be specified under subsection (1) as regards variation include cases where the variations in question consist only of such descriptions of variation as are specified in the scheme. (4) The conditions that may be specified under subsection (2) include conditions prohibiting variation or revocation where a number of operators of local services disagree to the variation or revocation.

Propose a change

138F Preparation, notice and consultation

(1) If a local transport authority or authorities propose to make an enhanced partnership plan and scheme, they must— (a) give notice of their intention to prepare a plan and scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area, (b) prepare a plan and scheme for consultation, (c) give notice of the plan and scheme prepared to the persons who are operators of qualifying local services in the area to which the plan relates on the relevant day, and (d) give notice of the proposal to make the plan and scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area. (2) A notice under subsection (1)(c) must— (a) contain full details of the plan and scheme prepared, (b) state the effect of subsection (5), and (c) require any objections to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”). (3) A notice under subsection (1)(d) must— (a) contain full details of the plan and scheme proposed, or (b) state where such details may be inspected. (4) A local transport authority or authorities proposing to make an enhanced partnership plan and scheme must— (a) invite operators of qualifying local services in the area to which the plan relates to participate in the preparation of the plan and scheme before starting to prepare them, and (b) invite any person who becomes an operator of a qualifying local service in the area to which the plan relates while the plan and scheme are being prepared to participate in that preparation (including any person who becomes such an operator because of a change in the area to which the plan relates while the plan is being prepared). (4A) A local transport authority or authorities may give notice of a proposal under subsection (1)(d) before the end of the objection period if every person to whom the notice under subsection (1)(c) is required to be given has confirmed in writing that they do not intend to object. (5) A local transport authority or authorities may not give notice of a proposal under subsection (1)(d) if, within the objection period— (a) a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the plan relates object to the plan prepared, or (b) a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the scheme relates object to the scheme prepared. (6) After giving notice of the proposed plan and scheme under subsection (1)(d), the authority or authorities must consult— (a) all operators of local services who would, in the opinion of the authority or authorities, be affected by them, (b) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit, (ba) such persons with disabilities (within the meaning given by section 6 of the Equality Act 2010) who are users or prospective users of local services, or such organisations appearing to the authority or authorities to be representative of such persons, as they think fit, (c) any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by them, (d) a traffic commissioner, (e) the chief officer of police for each police area covering the whole or part of the area to which the plan relates, (f) the Passengers' Council, (g) the Competition and Markets Authority, and (h) such other persons as the authority or authorities think fit. (7) For the purpose of subsection (6)(c) the following are relevant local authorities— (a) local transport authorities, (b) district councils in England, (c) National Park authorities, (d) the Broads Authority, (e) London transport authorities, and (f) councils in Scotland. (8) If a local transport authority or authorities propose to make a scheme or schemes relating to an existing enhanced partnership plan, subsections (1) to (7) have effect as if— (a) references to a proposed plan and scheme were references to a proposed scheme or schemes, and (b) subsection (5)(a) were omitted. (9) If a local transport authority or authorities propose to make two or more schemes at the same time (whether at the same time as making a plan or in relation to an existing plan), subsection (5)(b) has effect as if references to the scheme were references to one of the schemes in question. (10) The Secretary of State may by regulations— (a) specify the descriptions of local services that are qualifying local services for the purposes of this section, and (b) specify what constitutes a sufficient number of persons for the purposes of subsection (5)(a) or (b). (11) Regulations under subsection (10)(b) may, in particular— (a) require that a plan or scheme be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services in the area in question as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and (b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined. (12) In this section “the relevant day”, in relation to an enhanced partnership plan or scheme prepared by a local transport authority or authorities under subsection (1)(b), means the day before the authority or authorities send out a notice relating to that plan or scheme in accordance with subsection (1)(c).

Propose a change

138G Making of plans and schemes

(1) If, after complying with section 138F as regards a proposal to make an enhanced partnership plan and scheme, a local authority or authorities consider it appropriate to make the plan and scheme, they may make them as proposed or with modifications. (2) If the authority or authorities intend to make the plan and scheme with modifications of one or both of them, the authority or authorities must give notice of their intention to make the plan and scheme, with modifications, to the persons who are operators of qualifying local services in the area to which the plan relates on the relevant day. (3) A notice under subsection (2) must— (a) contain full details of the plan and scheme, (b) state the effect of subsection (4), and (c) require any objections to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”). (3A) The authority or authorities may make the plan and scheme with modifications before the end of the objection period if every person to whom the notice under subsection (2) is required to be given has confirmed in writing that they do not intend to object. (4) The authority or authorities may not make the plan and scheme with modifications if, within the objection period— (a) a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the plan relates object to the plan, or (b) a sufficient number of the persons who, on the relevant day, are operators of qualifying local services in the area to which the scheme relates object to the scheme. (5) Not later than 14 days after the date on which a local transport authority or authorities make an enhanced partnership plan and scheme, the authority or authorities must give notice of the making of the plan and scheme— (a) in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area, (b) to all operators of local services who would, in the opinion of the authority or authorities, be affected by the scheme, and (c) to a traffic commissioner. (6) The notice must— (a) contain full details of the plan and scheme or state where such details may be inspected, and (b) if the plan or scheme made is a modified version of the plan or scheme that was proposed, state that it is a modified version. (7) If the proposal of a local transport authority or authorities is to make a scheme or schemes relating to an existing enhanced partnership plan, subsections (1) to (6) have effect as if— (a) references to a plan and scheme were references to a scheme or schemes, and (b) subsection (4)(a) were omitted. (8) If the proposal of a local transport authority or authorities is to make two or more schemes at the same time (whether at the same time as making a plan or in relation to an existing plan), subsection (4)(b) has effect as if references to the scheme were references to one of the schemes in question. (9) The Secretary of State may by regulations— (a) specify the descriptions of local services that are qualifying local services for the purposes of this section, and (b) specify what constitutes a sufficient number of persons for the purposes of subsection (4)(a) or (b). (10) Regulations under subsection (9)(b) may, in particular— (a) require that a plan or scheme be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services in the area in question as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and (b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined. (11) In this section “the relevant day”, in relation to a plan or scheme that a local transport authority or authorities intend to make, means the day before the authority or authorities send out notices relating to that plan or scheme in accordance in subsection (2).

Propose a change

138H Content of scheme

(1) If a local transport authority or authorities make a scheme, the scheme must specify— (a) the requirements imposed under it, (b) the facilities (if any) to be provided under it by the authority or authorities, (c) the measures (if any) to be taken under it by the authority or authorities, (d) the provision (if any) about variation or revocation of the plan or scheme, (e) the date on which it is to come into operation, and (f) the period for which it is to remain in operation. (2) The scheme must also specify— (a) if a requirement imposed under the scheme is to have effect as from a date after the scheme comes into operation, the date as from which it has effect, (b) if any facilities are to be provided under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so provided, (c) if any measures to be taken under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so taken, (d) if a condition under section 138E is to apply as from a date after the scheme comes into operation, the date as from which it applies, and (e) if a condition under section 138E is to cease to apply as from a particular date, the date as from which it ceases to apply. (3) Subject to regulations under section 138P, 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.

Propose a change

138I Postponement of scheme or part of scheme

(1) If it appears to a local transport authority or authorities that have made an enhanced partnership scheme appropriate to do so, they may decide that any of the dates specified in subsection (3) are to be postponed by such period as they think fit. (2) A date may not be postponed under subsection (1) by a period or periods which in total exceed 12 months. (3) The dates are— (a) the date on which the scheme is to come into operation, (b) the date as from which any particular requirement is to be imposed under the scheme, (c) the date as from which any particular facilities are to be provided under the scheme, (d) the date as from which any particular measures are to be taken under the scheme, and (e) the date as from which any particular condition under section 138E applies. (4) Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the scheme. (5) Not later than 14 days after the date on which any such decision is made, they must give notice of the making of the decision— (a) in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area, (b) to all operators of local services who would, in their opinion, be affected by the scheme, and (c) to a traffic commissioner. (6) The notice must include a statement of their reasons for the decision.

Propose a change

138J Effect of plans and schemes

(1) If an enhanced partnership scheme requires a local transport authority or authorities to provide particular facilities, they must— (a) provide each of the specified facilities not later than the date specified for its provision under the scheme (subject to section 138I), and (b) continue to provide it throughout the remainder of the period for which the scheme is in operation. (2) Subsection (1) does not apply in relation to any period during which the authority or authorities are temporarily unable to provide the facilities because of circumstances beyond their control. (3) Subsection (1) does not apply in the case of the Secretary of State if the Secretary of State is unable to provide the facilities because of the variation or revocation of a traffic regulation order. (4) If an enhanced partnership scheme made by a local transport authority or authorities requires them to take particular measures, they must— (a) take each of the specified measures not later than the date specified for taking it under the scheme (subject to section 138I), and (b) continue to take those measures throughout the remainder of the period for which the scheme is in operation. (5) Subsection (4) does not apply in relation to any period during which the authority or authorities are temporarily unable to take those measures because of circumstances beyond their control. (6) Subsection (4) does not apply in the case of the Secretary of State if the Secretary of State is unable to take the measures because of the variation or revocation of a traffic regulation order. (7) Subsection (8) applies if the enhanced partnership plan or scheme made by a local transport authority or authorities makes provision about— (a) one or more reviews of the plan, or (b) one or more reviews of the operation of the scheme. (8) The authority or authorities must secure that the review or each review— (a) is carried out in the manner specified in the plan or scheme, and (b) is completed by the date specified in the plan or scheme as the date for completing that review. (9) If a requirement applies to a local service, the operator of the service must comply with that requirement. (10) Subsection (9) does not apply in relation to services which are excluded from the scheme because of any provision of the scheme made in accordance with section 138H(3).

Propose a change

138K Variation

(1) A local transport authority or authorities to whose area or combined area, or part of it, an enhanced partnership plan relates may vary the plan and any related enhanced partnership scheme. (2) An enhanced partnership plan or scheme may, in particular, be varied by changing the area to which the plan or scheme relates so that— (a) it includes the whole or a part of the area of another local transport authority, or (b) it ceases to include any part of the area of a local transport authority. (3) An enhanced partnership plan or scheme may not be varied unless the authority or authorities have complied with the requirements in— (a) section 138L (preparation, notice and consultation), and (b) section 138M(1) to (5) (making the variation). (4) An enhanced partnership scheme may not be varied unless the authority or authorities are satisfied that the scheme, as varied, will contribute to the implementation of— (a) the policies set out in the related enhanced partnership plan (or those policies as proposed to be varied, if the scheme and the policies in the plan are being varied at the same time), and (b) their local transport policies. (5) An enhanced partnership scheme may not be varied unless the authority or authorities are satisfied that the scheme, as varied, will— (a) bring benefits to persons using local services in the whole or any part of the area to which the scheme relates by improving the quality or effectiveness of those services, or (b) reduce or limit traffic congestion, noise or air pollution. (6) The references in subsections (1) and (3) to (5) and sections 138L and 138M to the local transport authority or authorities— (a) in relation to the variation of an enhanced partnership plan, or (b) in relation to the variation of an enhanced partnership scheme, if the scheme is proposed to be varied at the same time as the related enhanced partnership plan is proposed to be varied, include a reference to a local transport authority to no part of whose area the plan relates but to whose area or part of it the plan would relate under a proposed variation. (7) Nothing in this section prevents an enhanced partnership scheme being varied, in accordance with the scheme, in such cases as are allowed by the scheme (see section 138E). (8) Before varying an enhanced partnership plan, a local transport authority must have regard to the desirability, in appropriate cases, of varying a plan so as to include in the area to which the plan relates any part of the area of one or more other local transport authorities. (9) Before varying an enhanced partnership scheme, a local transport authority must consider whether the requirements proposed to be specified in the scheme as varied will enable persons with disabilities to travel independently, and in safety and reasonable comfort, on local services that have one or more stopping places in the area to which the scheme as proposed to be varied relates. (10) In this section “persons with disabilities” means persons who have a disability within the meaning given by section 6 of the Equality Act 2010.

Propose a change

138KA Variation where scheme includes provision under section 138E

(1) A variation of an enhanced partnership scheme may not be made under section 138K in a case to which subsection (2) of this section applies unless— (a) the Secretary of State has directed the authority or authorities concerned to make the variation, or (b) the variation is one that the authority or authorities are required to make by section 14(4)(b) of the Bus Services Act 2025. (2) This subsection applies to any case specified in the scheme as one in which the scheme may be varied in accordance with the scheme (see section 138E). (3) The Secretary of State may give a direction under this section only if, on an application made by the authority or authorities, the Secretary of State is satisfied that— (a) the variation cannot be made in accordance with the scheme because of unreasonable or obstructive behaviour by one or more operators of local services, or (b) persons using local services in the area to which the scheme as varied will relate will benefit from the variation of the scheme. (4) A direction under this section does not affect the application of the other requirements that must be met before the scheme can be varied under section 138K.

Propose a change

138L Variation: preparation, notice and consultation

(1) If a local transport authority or authorities propose to vary an enhanced partnership plan or scheme, they must— (a) give notice of their intention to prepare changes to the plan or scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area, (b) prepare the changes, (c) give notice of the changes prepared to the persons who are operators of qualifying local services in the area to which the plan (or the plan as proposed to be varied) relates on the relevant day, and (d) give notice of the proposal to vary the plan or scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area. (2) A notice under subsection (1)(c) must— (a) contain full details of the changes prepared, (b) state the effect of subsection (5), and (c) require any objections to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”). (3) A notice under subsection (1)(d) must— (a) contain full details of the changes, or (b) state where such details may be inspected. (4) The authority or authorities must— (a) invite operators of qualifying local services to participate in the preparation of the changes before starting to prepare them, and (b) invite any person who becomes an operator of a qualifying local service while the changes are being prepared to participate in their preparation. (4A) A local transport authority or authorities may give notice of a proposal under subsection (1)(d) before the end of the objection period if every person to whom the notice under subsection (1)(c) is required to be given has confirmed in writing that they do not intend to object. (5) A local transport authority or authorities may not give notice of a proposal under subsection (1)(d) if, within the objection period— (a) a sufficient number of the persons who are operators of qualifying local services in the area to which the plan relates on the relevant day object to the changes prepared for the plan (if changes to a plan are prepared), or (b) a sufficient number of the persons who are operators of qualifying local services in the area to which the scheme relates on the relevant day object to the changes prepared for the scheme (if changes to a scheme are prepared). (6) After giving notice of the proposal under subsection (1)(d), the authority or authorities must consult the Competition and Markets Authority. (7) If a local authority or authorities propose to vary two or more enhanced partnership schemes at the same time, subsection (5)(b) has effect as if references to the scheme were references to one of the schemes in question. (8) The Secretary of State may by regulations— (a) specify the descriptions of local services that are qualifying local services for the purposes of this section, and (b) specify what constitutes a sufficient number of persons for the purposes of subsection (5)(a) or (b). (9) Regulations under subsection (8)(b) may, in particular— (a) require that changes to a plan or scheme be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services in the area in question as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and (b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined. (10) In this section “the relevant day”, in relation to changes to an enhanced partnership plan or scheme prepared by a local transport authority or authorities under subsection (1)(b), means the day before the authority or authorities send out a notice relating to that plan or scheme in accordance with subsection (1)(c).

Propose a change

138M Variation: making the variation

(1) This section applies if a local transport authority or authorities have complied with the requirements of section 138L as regards a proposal to vary an enhanced partnership plan or scheme. (2) If the authority or authorities consider it appropriate to vary the plan or scheme, they may vary the plan or scheme as proposed or with modifications. (3) Before varying the plan or scheme, the authorities must give notice of their intention to vary the plan or scheme, as proposed or with modifications, to persons who were operators of qualifying local services at the qualifying time. (4) The notice under subsection (3) must— (a) contain full details of the variation or state where such details may be inspected, (b) if the variation made is a modified version of the variation that was proposed, state that it is a modified version, (c) state the effect of subsection (5), and (d) require any objections by persons who are operators of qualifying local services at the qualifying time to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”). (4A) The authority or authorities may vary the plan or scheme (with or without modifications) before the end of the objection period if every person to whom the notice under subsection (3) is required to be given has confirmed in writing that they do not intend to object. (5) The authority or authorities may not vary the plan or scheme (with or without modifications) if a sufficient number of the persons who were operators of qualifying local services at the qualifying time object to the variation. (6) Not later than 14 days after the date on which the variation of the plan or scheme is made, the authority or authorities must give notice of the variation— (a) in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area, (b) to all operators of local services who would, in the opinion of the authority or authorities, be affected by it, and (c) to a traffic commissioner. (7) The notice must— (a) contain full details of the variation or state where such details may be inspected, and (b) if the variation made is a modified version of the variation that was proposed, state that it is a modified version. (8) The Secretary of State may by regulations— (a) specify the descriptions of local services that are qualifying local services for the purposes of this section, (b) provide for the determination of the qualifying time for the purposes of this section, (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) specify what constitutes a sufficient number of persons for the purposes of subsection (5), and (e) specify how a person's objection is to be evidenced. (9) Regulations under subsection (8)(d) may, in particular— (a) require that a proposed variation be objected to by such number of persons as, together, provide at least such proportion of the qualifying local services as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and (b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

Propose a change

138N Variation: supplementary

(1) The relevant references to the authority or authorities in relation to an enhanced partnership scheme— (a) include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities or measures, but (b) do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities or measures. (2) But if (although the scheme does not specify facilities or measures which are traffic regulation facilities or measures in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references to the authority or authorities in relation to an enhanced partnership scheme (apart from the relevant references in section 138J) include that authority. (3) And if (although the scheme specifies facilities or measures which are traffic regulation facilities or measures 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 or measures has been revoked, and (b) the scheme is proposed to be varied (but not so that it specifies other facilities or measures which are traffic regulation facilities or measures in relation to that authority), the relevant references to the authority or authorities in relation to an enhanced partnership scheme (apart from those in section 138J) do not include that authority. (4) For the purposes of this section the relevant references are those in— (a) section 138A(6) and (11), (b) sections 138F to 138J, (c) section 138K(1) and (3) to (5), (d) sections 138L and 138M, (e) section 138O, and (f) paragraph 27(4) of Schedule 9 to the Road Traffic Regulation Act 1984. (5) Subsections (1) and (2) are not to be taken as affecting the area indicated by references in the provisions mentioned in subsection (4) to the authority's or authorities' area or combined area. (6) For the purposes of this section— (a) facilities are traffic regulation facilities, in relation to a traffic regulation authority and an enhanced 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, and (b) measures are traffic regulation measures, in relation to a traffic regulation authority and an enhanced partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those measures or would have been required to be a maker of it had it done so. (7) In this section “traffic regulation authority” means— (a) a local highway authority, or (b) the Secretary of State.

Propose a change

138O Revocation

(1) A local transport authority or authorities may, if they consider it appropriate to do so— (a) revoke an enhanced partnership plan that relates to the whole or any part of their area or combined area, and (b) revoke an enhanced partnership scheme relating to such a plan. (2) A local transport authority or authority may not— (a) revoke an enhanced partnership plan without also revoking all enhanced partnership schemes relating to it, or (b) revoke all enhanced partnership schemes relating to an enhanced partnership plan without also revoking the plan. (3) A local transport authority or authorities may not revoke an enhanced partnership plan or scheme unless they have complied with subsections (4) to (8). (4) A local transport authority or authorities must give notice of a proposal to revoke an enhanced partnership plan or scheme in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area. (5) After giving notice under subsection (4), the authority or authorities must consult— (a) operators of qualifying local services, (b) the Competition and Markets Authority, and (c) such other persons as the authority or authorities think fit. (6) If, after consulting those persons, the authority or authorities wish to revoke the plan or scheme, they must give notice of their intention to revoke the plan or scheme to persons who were operators of qualifying local services at the qualifying time. (7) The notice under subsection (6) must— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) state the authority's or authorities' reasons for revoking the plan or scheme, (c) state the effect of subsection (8), and (d) require any objections to the revocation by persons who are operators of qualifying local services at the qualifying time to be made before the end of the period of 28 days beginning with the day on which the notice is given (“the objection period”). (7A) The notice under subsection (6) may state the date on which the plan or scheme is to be revoked. (7B) The authority or authorities may revoke the plan or scheme before the end of the objection period if every person to whom the notice under subsection (6) is required to be given has confirmed in writing that they do not intend to object. (8) The authority or authorities may not revoke the plan or scheme if a sufficient number of the persons who were operators of qualifying local services at the qualifying time object to the revocation of the plan or (as the case may be) the scheme. (9) Not later than 14 days after the date on which the plan or scheme is revoked, the authority or authorities must give notice of the revocation— (a) in such manner as they consider appropriate for bringing it to the attention of persons in their area or combined area, (b) to all operators of local services who would, in the opinion of the authority or authorities, be affected by the revocation, and (c) to a traffic commissioner. (10) Nothing in subsections (3) to (8) prevents an enhanced partnership scheme being revoked, in accordance with the scheme, in such cases as are allowed by the scheme (see section 138E). (11) The Secretary of State may by regulations— (a) specify the descriptions of local services that are qualifying local services for the purposes of this section, (b) provide for the determination of the qualifying time for the purposes of this section, (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) specify what constitutes a sufficient number of persons for the purposes of subsection (8), and (e) specify how a person's objection is to be evidenced. (12) Regulations under subsection (11)(d) may, in particular— (a) require that the revocation of a plan or scheme be disagreed to by such number of persons as, together, provide at least such proportion of the qualifying local services as is specified in the regulations, in addition to being at least such proportion of the persons providing those services as is specified in the regulations, and (b) make provision about determining the proportion of qualifying local services provided by an operator, including provision about the time by reference to which the proportion is to be determined.

Propose a change

138P Regulations about plans and schemes

(1) The Secretary of State may by regulations make further provision with respect to— (a) the procedure to be followed when making, varying or revoking enhanced partnership plans or schemes, (b) the content or operation of schemes which include a requirement falling within section 138C(1), (c) the local services or classes of local services which must be, or may be, excluded from schemes, (d) the making of traffic regulation orders in connection with schemes, and (e) such other incidental matters in connection with schemes as the Secretary of State thinks fit. (2) The regulations may in particular make provision with respect to— (a) giving notice of proposed schemes or proposed variations or revocations of enhanced partnership plans or schemes, (b) objections to such proposals, (c) modifications of such proposals, (d) the form of plans, schemes or variations, and (e) giving notice of plans or schemes which have been made or of the variation or revocation of plans or schemes.

Propose a change

← Find another law