(1) The Secretary of State may by regulations make such transitional provision as the Secretary of State considers appropriate in connection with—
(a) the making of enhanced partnership plans and schemes,
(b) the coming into operation of provisions of enhanced partnership plans and schemes,
(c) the variation of enhanced partnership plans and schemes, and
(d) the revocation of enhanced partnership plans and schemes.
(2) The regulations may in particular provide that in prescribed circumstances—
(a) any provision of sections 6 to 9 of the Transport Act 1985 (registration of local services), or of sections 89 to 92 of that Act (obligation to invite tenders for subsidised services 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) The regulations may in particular provide for the application of requirements imposed under section 138A(5)(b) to local services that were registered under section 6 of the Transport Act 1985 before the requirements came into force.
(4) Regulations made by virtue of subsection (3) may in particular—
(a) make provision about recording requirements that apply to local services with the registered particulars of those local services;
(b) make provision requiring the local transport authority or authorities that made an enhanced partnership scheme to notify a traffic commissioner of the local services or the descriptions of local services to which each requirement specified in the scheme would apply, subject to such exceptions as may be prescribed;
(c) make provision for the cancellation of the registration of local services that could not be provided in accordance with requirements falling within section 138C(1);
(d) make provision about the determination by the local transport authority or authorities that made an enhanced partnership scheme of what local services may be registered under section 6 of the Transport Act 1985 in place of local services whose registrations are cancelled under paragraph (c), including provision for awarding contracts authorising the provision of local services or local services of particular descriptions;
(e) make provision as to the period during which the registration, or variation of registration, of local services is subject to provision under paragraph (d);
(f) make provision for cancellation under paragraph (c) to be revoked if prescribed conditions are satisfied, including conditions relating to the variation or cancellation under section 6 of the Transport Act 1985 of the registration of one or more of the local services affected;
(g) make provision for the time at which cancellation under paragraph (c) becomes effective to be postponed in prescribed circumstances;
(h) make provision for appeals against—
(i) decisions to record or not to record requirements under paragraph (a);
(ii) decisions to cancel registrations of local services under paragraph (c).
(5) Regulations made by virtue of subsection (4)(h) may in particular include provision about—
(a) to whom an appeal may be made;
(b) how an appeal may be made and dealt with;
(c) further appeals;
(d) who may be parties to an appeal or further appeal.
(6) In this section “registered particulars”, in relation to a local service, means the particulars of the service required to be registered under section 6 of the Transport Act 1985.
(1) The Secretary of State may issue guidance concerning the carrying out by local transport authorities and metropolitan district councils of their functions under this Part in relation to enhanced partnership plans and schemes.
(2) Those authorities and councils must have regard to any such guidance.
(1) Subsection (3) applies to a situation in which—
(a) on the coming into force of an awarded contract, one or more local services cease to be provided by a person (the “former operator”) in the area to which the relevant enhanced partnership scheme relates because the cancellation of the registration of the service or services under a relevant provision becomes effective, and
(b) at the same time, a person (the “new operator”) begins to provide one or more local services in that area by virtue of that awarded contract.
(2) Subsection (3) also applies to a situation in which—
(a) one or more local services which, on the coming into force of an awarded contract, a person (the “former operator”) would be required to cease providing in the area mentioned in subsection (1)(a) of this section because the cancellation of the registration of the service or services under a relevant provision would have become effective, cease to be provided by the former operator before the coming into force of that awarded contract, and
(b) at the same time, a person (the “new operator”) begins to provide one or more local services in that area under an agreement which the authority or authorities operating the relevant enhanced partnership scheme entered into by reason of the cessation of the local service or services referred to in paragraph (a).
(3) Any situation to which this subsection applies is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) (whether or not TUPE would apply apart from this subsection).
(4) For the purposes of TUPE, the organised grouping of employees that is subject to the relevant transfer consists of those employees of the former operator whose employment is principally connected with the provision of the local services referred to in subsection (1)(a) or (as the case may be) the local services referred to in subsection (2)(a).
(5) Any situation which by virtue of this section is treated as a relevant transfer for the purposes of TUPE is also to be treated as a relevant transfer within the meaning of TUPE for the purposes of—
(a) sections 257 and 258 of the Pensions Act 2004, and
(b) any regulations made under section 258 of that Act.
(6) The Secretary of State may make regulations supplementing the provision made by this section.
(7) The provision that may be made by regulations under subsection (6) includes—
(a) provision for determining, for the purposes of subsection (4), whether a person's employment is principally connected with the provision of any particular local services (including provision for or in connection with the appointment of a person to make such determination);
(b) provision for determining, in the case of any particular organised grouping of employees, the particular new operator who is to be the transferee for the purposes of TUPE (including provision for or in connection with the appointment of a person to make such determination);
(c) provision requiring any person operating local services in the area to which an enhanced partnership scheme relates to provide the authority or authorities operating the scheme with such information as may be prescribed, at such time as may be prescribed, about such of that person's employees as would fall within subsection (4) if the person ceased to provide those services in the circumstances described in subsection (1)(a);
(d) provision requiring the authority or authorities operating an enhanced partnership scheme to provide all persons operating local services in the area to which the scheme relates with such information as may be prescribed, at such time as may be prescribed, so as to enable such persons to comply with any requirement imposed by virtue of paragraph (c) of this subsection;
(e) provision requiring the authority or authorities operating an enhanced partnership scheme to ensure that any awarded contract entered into with a person because of 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 enhanced partnership 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 an enhanced partnership 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 the variation of the scheme, those services became subject to the scheme,
the date on which that variation was made;
“relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE.
(11) In this section—
“awarded contract” means a contract authorising a person to provide a local service that is awarded in accordance with—
regulations made by virtue of section 6E(6) of the Transport Act 1985 (provision for services to be allocated), or
regulations made by virtue of section 138Q(4)(d);
and an awarded contract is to be regarded as in force when the authority to provide a service has effect;
“relevant provision” means—
section 6E(2) of the Transport Act 1985 (cancellation where incompatibility with a requirement falling within section 138C(1)), or
regulations made by virtue of section 138Q(4)(c).
(1) Each local transport authority must from time to time determine, having regard to their local transport policies —
(a) what local bus information should be made available to the public (“the required information”), and
(b) the way in which it should be made available (“the appropriate way”).
(2) Before making such a determination, the authority must consult—
(a) such organisations appearing to the authority to be representative of users of local services as they think fit, and
(b) a traffic commissioner.
(3) Each authority must from time to time ascertain whether the required information is being made available to the public in the appropriate way.
(4) Subsection (5) applies if an authority consider that—
(a) the required information is not being made available to the public to any extent, or
(b) that information is not being made available to the public in the appropriate way.
(5) If this subsection applies, the authority must seek to make arrangements with the operators of the local services concerned under which those operators agree to make the information available (or to make it available in that way).
(6) In this section “local bus information”, in relation to a local transport authority, means—
(a) information about routes and timetabling of local services to, from and within the authority’s area,
(b) information about fares for journeys on such local services, and
(c) such other information about facilities for disabled persons, travel concessions, connections with other public passenger transport services or other matters of value to the public as the authority consider appropriate in relation to their area.
140 Duty of authority to make information available.
(1) If the authority are unable to make satisfactory arrangements with one or more of those operators, they—
(a) must make available, or secure that there is made available, in the appropriate way such of the required information as is not being made available or is not being made available in that way (whether by virtue of arrangements made under section 139(5) or otherwise), and
(b) may recover from that operator or those operators the reasonable costs incurred by them in doing so as a civil debt due to them.
(2) In determining for the purposes of subsection (1)(b) what is reasonable in relation to a particular operator, the authority must have regard to—
(a) the amount of information which has to be made available, and
(b) the way in which that information has to be made available,
in respect of the local services provided by that operator.
(3) If the authority require an operator to provide information to them or to another person in order to perform their duty under subsection (1)(a), the operator must provide the information at such times and in such manner as is specified by the authority.
(4) The authority must give notice of any requirement imposed under subsection (3) to a traffic commissioner.
(1) In considering how they should carry out their functions under sections 139 and 140, a local transport authority must have regard to a combination of economy, efficiency and effectiveness.
(2) In carrying out those functions, local transport authorities—
(a) must not act in such a way as to discriminate (whether directly or indirectly) against any operator, or class of operator, of local services, and
(b) must co-operate with one another.
(3) A local transport authority must have regard to the desirability, in appropriate cases, of carrying out those functions jointly with another authority (whether as respects the whole or any part of their combined area).
141A Power to require provision of information about English bus services
(1) The Secretary of State may by regulations require—
(a) applicants for the registration of relevant local services, or for the variation or cancellation of any such registration, to provide prescribed information—
(i) in relation to the services, or
(ii) in connection with the application;
(b) operators of registered relevant local services to provide prescribed information in relation to the services;
(c) local transport authorities to provide prescribed information in relation to relevant local services which have one or more stopping places in their areas;
(d) traffic commissioners to provide prescribed information that is held by them in relation to relevant local services.
(2) The information that may be prescribed is such information within subsection (3) as appears to the Secretary of State to be required—
(a) in order to make information about relevant local services available to users or prospective users of those services, or
(b) in order to facilitate the exercise of functions relating to the registration of relevant local services.
(3) The information within this subsection is—
(a) information about routes, stopping places, timetables, fares and tickets,
(b) information about changes or proposed changes to routes, stopping places, timetables, fares and tickets, and
(c) information about the operation of the services.
(4) The information within subsection (3)(c) includes—
(a) live information, that is to say information provided immediately it becomes available about the location of vehicles operating the services and the time at which they stop, or are expected to stop, at stopping places, and
(b) information about the operation of the services in the past.
(5) The regulations may make provision about—
(a) the person to whom the information is to be provided,
(b) the time when it is to be provided, and
(c) the manner and form in which it is to be provided (including, in particular, provision requiring it to be provided electronically).
(6) The provision made under subsection (5)(a) may not require the information to be provided to a person other than—
(a) the Secretary of State;
(b) a local transport authority whose area is in England;
(c) a person prescribed in the regulations, being a person who provides or facilitates the provision of, or is to provide or facilitate the provision of, information about relevant local services to users or prospective users of those services.
(7) The regulations may provide that a reference in the regulations to a standard according to which the information is to be provided is to be construed as a reference to that standard as it has effect from time to time.
(8) The regulations may make provision as to the use and disclosure of the information, including—
(a) provision for the information to be made available free of charge and without restrictions on its use and disclosure, and
(b) provision for information provided in connection with an application for registration, or for the variation or cancellation of a registration, to be provided to a traffic commissioner.
(9) The regulations may make different provision for different areas.
(10) Before making regulations under this section the Secretary of State must consult—
(a) such persons or organisations as appear to the Secretary of State to represent the interests of operators and users of relevant local services,
(b) such persons or organisations as appear to the Secretary of State to represent the interests of local transport authorities whose areas are in England, and
(c) such other persons or organisations as the Secretary of State considers appropriate.
(11) The references to traffic commissioners in subsections (1)(d) and (8)(b) are to be read as including references to any local transport authority carrying out the functions of a traffic commissioner in accordance with section 6G of the Transport Act 1985.
(12) In this section—
(a) “relevant local service” means a local service which has one or more stopping places in the relevant area,
(b) references to registration, in relation to a relevant local service, are to registration under section 6 of the Transport Act 1985,
(c) “prescribed” means prescribed by regulations under this section, and
(d) “relevant area” means England outside Greater London.
(13) Where a local service is or is to be provided both inside and outside the relevant area, any part of the service which is or is to be provided outside the relevant area is to be treated as a separate service for the purposes of subsection (12)(a) if there is any stopping place for that part of the service outside the relevant area.
142 Traffic regulation conditions to reduce or limit pollution.
In section 7 of the Transport Act 1985 (traffic regulation conditions to be met in provision of local services subject to registration), in subsection (4) (reasons for which conditions may be determined), insert at the end
; or
(c) reduce or limit noise or air pollution.
143 Power to obtain information about local services.
(1) A local transport authority may, in connection with the exercise of any of their functions relating to public transport, require an operator of local services to provide them with any information relating to the matters specified in subsection (2) which is in his possession or control.
(2) The matters referred to in subsection (1) are—
(a) the total number of journeys undertaken by passengers on the local services operated by the operator in the authority’s area or any part of its area,
(b) the structure of fares for those journeys, and
(c) the total distance covered by vehicles used by him in operating those local services.
(3) The operator may be required to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it.
(4) No information which—
(a) has been provided under this section, or provided together with information so provided, and
(b) relates to the affairs of an individual or to a particular business,
shall be disclosed during the lifetime of the individual or while the business continues to be carried on.
(5) But subsection (4) does not apply to a disclosure made—
(a) with the consent of the individual or the person for the time being carrying on the business,
(b) in connection with the investigation of crime or for the purposes of criminal proceedings,
(c) for the purposes of civil proceedings brought by virtue of this Act or the Transport Act 1985, or
(d) in order to comply with the order of a court or tribunal.
(6) A person who discloses information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
143A Power to obtain information: franchising schemes
(1) A franchising authority may, in connection with their functions under this Part in relation to franchising schemes, require an operator of local services to provide them with such relevant information about local services operated by the operator in the authority's area, or any part of it, as the operator possesses or controls.
(2) If two or more franchising authorities are exercising functions under this Part in relation to the same franchising scheme or proposed franchising scheme, each of them may, in connection with their functions under this Part in relation to franchising schemes, require an operator of local services to provide them with such relevant information about local services operated by the operator in the authorities' areas, or any part of those areas, as the operator possesses or controls.
(3) For the purposes of this section, information about the local services operated by an operator in an area is relevant information if it is—
(a) information about the total number of journeys undertaken by passengers on the local services operated by the operator in the area;
(b) information about the structure of fares for journeys on those local services;
(c) information about revenue received from those local services, including information about revenue attributable to particular types of fares or derived from journeys undertaken on particular parts of those local services;
(d) information about the total distance covered by vehicles used by the operator in operating those local services;
(e) information about persons employed by the operator in the provision of those local services;
(f) information about journeys that the operator has forecast will be undertaken by passengers on those services and revenue that the operator has forecast will be received from those services;
(g) information of such description as is specified in regulations made by the Secretary of State.
(4) The powers in subsections (1) and (2) may not be used to require an operator to provide information relating to periods that fall more than five years before the date of the demand.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The operator may be required—
(a) to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect the operator to provide it, and
(b) to provide the information before the end of such reasonable period as may be specified by the franchising authority.
(7) If it appears to a franchising authority that an operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under this section, the authority must inform a traffic commissioner.
(8) A franchising authority that have obtained information under this section may—
(a) use the information for the purposes of their functions under this Part in relation to franchising schemes, and
(b) supply the information to a person specified in subsection (9) for use in connection with the same franchising scheme or the same proposed franchising scheme.
(9) The persons referred to in subsection (8) are—
(a) a franchising authority;
(b) a person providing services to a franchising authority;
(c) a person carrying out functions under section 123D.
(10) The requirements in sections 123E and 123G about publishing documents do not require a franchising authority to publish information obtained by the authority, or another franchising authority exercising functions under this Part in relation to the same franchising scheme or proposed franchising scheme, under this section if it is information that the authority could refuse to disclose in response to a request under—
(a) the Freedom of Information Act 2000, or
(b) the Environmental Information Regulations 2004 (S.I. 2004/3391) or any regulations replacing those regulations.
143B Power to obtain information about local services: enhanced partnership schemes
(1) If a local transport authority in England, or two or more such authorities acting jointly, are preparing an enhanced partnership plan or scheme, the authority or any of the authorities may, in connection with preparing the plan or scheme, require an operator of a local service in their area or combined area to supply relevant information.
(2) A local transport authority in England that are party to an enhanced partnership plan may, in connection with any relevant function, require an operator of a local service in their area, or in the combined area of the authority and any other local transport authority in England that are party to the plan, to supply relevant information.
(3) If an enhanced partnership plan is proposed to be varied so as to include another local transport authority in England, that authority may, in connection with determining whether and how to vary an enhanced partnership plan or scheme, require an operator of a local service in their area, or in the combined area of that authority and any other local transport authority in England that would be party to the plan as it is proposed to be varied, to supply relevant information.
(4) The operator may be required—
(a) to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it, and
(b) to provide the information before the end of such reasonable period as may be specified by the local transport authority.
(4A) A local transport authority or authorities may not require an operator to supply information under this section unless, at least 14 days before imposing the requirement, they have given notice to the operator—
(a) of their intention to impose the requirement, and
(b) of the date on which they intend to do so and the period that they intend to allow for the provision of the information.
(4B) When imposing the requirement the authority or authorities must have regard to any representations made by the operator in response to the notice under subsection (4A).
(5) If it appears to a local transport authority that an operator of a local service has failed to take all reasonable steps to comply with a request under this section, the authority must inform a traffic commissioner.
(6) A local transport authority that have obtained information under this section in connection with a function relating to an enhanced partnership plan or scheme may—
(a) use the information for the purposes of the function for which it was obtained, and
(b) supply the information to a person specified in subsection (7) for use for those purposes in connection with the same plan or scheme.
(7) The persons referred to in subsection (6) are—
(a) a local transport authority;
(b) the Secretary of State;
(c) a metropolitan district council;
(d) a person providing services to a local transport authority, the Secretary of State or a metropolitan district council.
(8) A public authority must not disclose information supplied to the authority under this section if it is information which the authority may refuse to disclose in response to a request under the Freedom of Information Act 2000 in reliance on a claim that the information is exempt information by virtue of section 40, 41, 42 or 43 of the Freedom of Information Act 2000.
(9) Subsection (8) does not prevent the disclosure of information—
(a) under subsection (6)(b),
(b) in the case of information relating to the affairs of an individual who is alive or a particular business that is being carried on, with the consent of the individual or the person for the time being carrying on the business,
(c) in connection with the investigation of crime or for the purposes of criminal proceedings,
(d) for the purposes of civil proceedings brought by virtue of this Act or the Transport Act 1985,
(e) in order to comply with the order of a court of tribunal, or
(f) in order to comply with a requirement imposed by law.
(10) The prohibition in subsection (8) is to be disregarded for the purposes of section 44 of the Freedom of Information Act 2000.
(11) In this section—
“relevant function” means—
reviewing an enhanced partnership plan or the operation of an enhanced partnership scheme,
determining whether and how to vary an enhanced partnership plan or scheme, or
determining whether to revoke an enhanced partnership plan or scheme;
“relevant information” means information relating to a local service or passengers on a local service which is of a description specified in regulations made by the Secretary of State.
144A Power of local transport authorities to make bus byelaws
(1) A local transport authority whose area is in England, or two or more such authorities acting jointly, may make byelaws regulating one or more of the following—
(a) travel on their local services;
(b) the maintenance of order—
(i) on their local services;
(ii) at bus facilities in their area or combined area;
(c) the conduct of persons—
(i) while travelling on their local services;
(ii) using bus facilities in their area or combined area.
(2) The byelaws may, in particular, make provision—
(a) with respect to tickets and other things (whether in physical or electronic form) which authorise a person to enter and travel on local services;
(b) with respect to the evasion of payment of fares or other charges;
(c) with respect to interference with, or obstruction of, local services and bus facilities;
(d) prohibiting vaping by persons on local services;
(e) prohibiting smoking and vaping by persons at bus facilities;
(f) with respect to the prevention of nuisance.
(3) The byelaws may provide that a person contravening them is guilty of an offence and liable, on summary conviction, to a fine not exceeding—
(a) level 3 on the standard scale, or
(b) such lower level or lower amount as is specified in the byelaws.
(4) In this section—
(a) references to the local services of a local transport authority or authorities are to local services—
(i) provided under local service contracts entered into by the authority or authorities under a franchising scheme, or
(ii) to which an enhanced partnership scheme made by the authority or authorities relates;
(b) “bus facility” means—
(i) premises used as a bus station by local services, or for the provision of associated facilities in relation to such a bus station;
(ii) a bus shelter and the land on which it stands;
(c) “bus station” and “associated facilities” in relation to a bus station have the same meanings as in the Transport Act 1985 (see section 83(5) of that Act);
(d) “bus shelter” means a shelter or other accommodation provided at a stopping place for the use of persons intending to travel on local services.
(1) Where a local transport authority or authorities propose to make byelaws under section 144A, they must—
(a) publish a copy of the proposed byelaws on their website or websites, and
(b) publish on their website or websites and in one or more local newspapers circulating in the authority’s or authorities’ area or combined area a notice of the proposal to make byelaws.
(2) The notice must—
(a) state the manner in which a printed copy of the proposed byelaws will be open to public inspection,
(b) in the case of a notice published in a newspaper, give details of the website or websites where a copy of the proposed byelaws can be found, and
(c) state that any person affected by the proposed byelaws may make representations about them to the authority or authorities within the period specified in the notice.
(3) The period specified for the purposes of subsection (2)(c) must be a period of at least 28 days beginning with the day after that on which the notice is published.
(4) The local transport authority or authorities must not submit the byelaws for confirmation unless they have considered the representations that have been made to them.
(5) The Secretary of State may—
(a) confirm (with or without modifications) the byelaws submitted for confirmation, or
(b) refuse to confirm them.
(6) The Secretary of State may fix a date for the coming into force of any byelaws confirmed under subsection (5)(a); but if no such date is fixed the byelaws come into force at the end of the period of 28 days beginning with the day after that on which they are confirmed.
(7) The power to make byelaws under section 144A includes the power to make byelaws amending or revoking byelaws made under that section.
(8) The Secretary of State may by regulations revoke byelaws made under section 144A.
(1) If the Secretary of State has confirmed byelaws made under section 144A, the local transport authority or authorities which made them must print copies of the byelaws, of which—
(a) at least one must be kept at the authority’s principal office or at each of the authorities’ principal offices,
(b) one must be sent to the Secretary of State, and
(c) one must be supplied to any person who requests it, on payment by the person of such reasonable charge as the authority or authorities may determine.
(2) The authority or authorities must publish on their website or websites—
(a) a copy of the byelaws, and
(b) a notice stating—
(i) that the byelaws have been confirmed and when they come into force,
(ii) where printed copies of the byelaws can be inspected, and
(iii) how printed copies of the byelaws can be obtained.
(3) The production of a printed copy of byelaws which is indorsed with a certificate—
(a) stating one or more matters specified in subsection (4), and
(b) purporting to be signed by an officer of a local transport authority by whom the byelaws purport to have been made,
is evidence of what is stated in the certificate.
(4) Those matters are—
(a) that the byelaws were made by the local transport authority or authorities,
(b) that the copy is a true copy of the byelaws,
(c) that the byelaws were confirmed by the Secretary of State on the date specified in the certificate, and
(d) the date of the coming into force of the byelaws.
144D Powers of authorised persons in relation to byelaws
(1) An authorised person may—
(a) issue a fixed penalty notice (see section 144E) to anyone who that person has reason to believe has committed an offence under—
(i) byelaws under section 144A, or
(ii) this section;
(b) require a person whom the authorised person reasonably suspects of committing or attempting to commit an offence under byelaws under section 144A to do one or both of the following—
(i) to give their name and address;
(ii) to leave any vehicle or premises in relation to which the byelaws apply.
(2) An authorised person may use reasonable force to remove a person who has failed to comply with a requirement under subsection (1)(b)(ii).
(3) A person who fails to comply with a requirement under subsection (1)(b) commits an offence and is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(4) The Secretary of State may issue guidance about the exercise of functions under this section and section 144E, and local transport authorities whose areas are in England and authorised persons must have regard to the guidance when exercising those functions.
(5) The Secretary of State may at any time vary or revoke guidance issued under subsection (4).
(6) The Secretary of State must publish—
(a) guidance issued under subsection (4), and
(b) any variation or revocation of the guidance.
(7) In this section “authorised person” means a person authorised for the purposes of this section by the local transport authority or authorities which made the byelaws.
(1) A fixed penalty notice issued under section 144D is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the person specified in the notice.
(2) Where a person is issued with a fixed penalty notice in respect of an offence—
(a) no proceedings may be taken for the offence before the end of the period of 14 days following the date of the notice;
(b) the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
(3) A fixed penalty notice must—
(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence;
(b) state the period during which (because of subsection (2)(a)) proceedings will not be taken for the offence;
(c) specify the amount of the fixed penalty;
(d) state the name and address of the person to whom the fixed penalty may be paid;
(e) specify permissible methods of payment.
(4) An amount specified under subsection (3)(c) must not be more than £100.
(5) A fixed penalty notice may specify two amounts under subsection (3)(c) and specify that, if the lower of those amounts is paid within a specified period (of less than 14 days), that is the amount of the fixed penalty.
(6) Whatever other method may be specified under subsection (3)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name and address is stated under subsection (3)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).
(7) Where a letter is sent as mentioned in subsection (6), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(8) In any proceedings, a certificate that—
(a) purports to be signed by or on behalf of the chief finance officer of the local transport authority concerned, and
(b) states that payment of a fixed penalty was, or was not, received by the date specified in the certificate,
is evidence of the facts stated.
(9) In this section “chief finance officer”, in relation to a local transport authority, means the person with responsibility for the authority’s financial affairs.
144F Training about crime and anti-social behaviour
(1) The holder of a PSV operator’s licence must ensure that the training requirement is fulfilled in relation to any person who—
(a) drives a public service vehicle being used under the licence to provide a local service, or
(b) on behalf of the holder of the licence deals directly with—
(i) passengers travelling on vehicles being used under the licence to provide local services, or
(ii) issues related to such passengers.
(2) The training requirement is that, within the past five years, the person has completed training the aim of which is to assist the person to identify, respond appropriately to and, where safe to do so, prevent—
(a) criminal offences that would cause a victim or potential victim of the offence to fear for their personal safety, and
(b) anti-social behaviour, within the meaning given by section 29(1) of the Anti-social Behaviour Act 2003.
(3) The Secretary of State may by regulations require holders of PSV operators’ licences—
(a) to keep such records relating to their compliance with the requirements of this section as are specified or described in the regulations,
(b) to publish, in such manner and at such times as the regulations specify, such information relating to their compliance with the requirements of this section as is specified or described in the regulations, and
(c) to provide to the Secretary of State such information relating to their compliance with the requirements of this section as the Secretary of State may require.
(4) The Secretary of State may issue guidance about compliance with the requirements of this section and of regulations made under it.
(5) The Secretary of State may at any time vary or revoke guidance issued under subsection (4).
(6) The Secretary of State must publish—
(a) guidance issued under subsection (4), and
(b) any variation or revocation of the guidance.
144G Application of training requirement: services in Wales
(1) Subsections (1) and (2) of section 144F apply in relation to a local service which has one or more stopping places in Wales only if regulations made by the Secretary of State so provide.
(2) But the regulations may not provide for those subsections to apply in relation to—
(a) a local service that is provided in fulfilment of a duty imposed on the Welsh Ministers by an Act of Senedd Cymru, or
(b) a local service to the extent that it is provided in Wales under a permit granted by the Welsh Ministers under an Act of Senedd Cymru.
145A England: mandatory concessions for journeys not beginning on the London bus network
(1) Any person to whom a current statutory travel concession permit has been issued and who travels on an eligible journey on an eligible service is entitled, on production of the permit, to a concession consisting of a waiver of the fare for the journey by the operator of the service.
(2) In subsection (1) “eligible journey” means a journey on one public service vehicle (in one direction) which—
(a) is between places in England,
(b) begins at a relevant time, and
(c) is not one to which section 242(8) of the Greater London Authority Act 1999 (journeys beginning on the London bus network) applies.
(3) In this section “statutory travel concession permit” means—
(a) a permit issued pursuant to subsection (4),
(b) a permit issued by a London authority relating to the travel concession specified in section 242(8) and (8A) of the Greater London Authority Act 1999 (travel concessions on journeys beginning on the London bus network etc), or
(c) a permit issued by a London authority pursuant to paragraph 4(2) of Schedule 16 to that Act (free travel scheme in Greater London).
(4) A travel concession authority in England other than a London authority must, on an application made to it by any person who appears to the authority to be an elderly or disabled person whose sole or principal residence is in the authority's area, issue to the person free of charge a permit indicating that he is entitled to the concession specified in subsection (1).
(5) A permit issued pursuant to subsection (4) must be issued in such form and for such period—
(a) as may be specified in regulations made by the Secretary of State, and
(b) subject to that, as the authority issuing the permit considers appropriate.
(6) The Secretary of State may issue guidance to travel concession authorities in England to which they must have regard in determining for the purposes of subsection (4) whether a person is a disabled person.
(7) Before issuing guidance under subsection (6) the Secretary of State shall consult—
(a) the Disabled Persons Transport Advisory Committee,
(b) associations representative of travel concession authorities, and
(c) such other persons as he thinks fit.
(8) The Secretary of State may issue guidance to travel concession authorities in England to which they must have regard in determining for the purposes of subsection (4) whether a person has his sole or principal residence in an authority's area.
(9) A person entitled to be issued with a statutory travel concession permit by a travel concession authority under subsection (4) may agree with the authority that he is not to be entitled to—
(a) the concession specified in subsection (1), and
(b) the concession provided by virtue of section 242(8) of, or paragraph A1 of Schedule 16 to, the Greater London Authority Act 1999,
for a period in return for being entitled during that period to receive travel concessions under a scheme under section 93 of the Transport Act 1985 to which the authority is a party (if the scheme provides that a person may not receive travel concessions under the scheme unless he so agrees).
(10) The Secretary of State may by regulations make provision about agreements within subsection (9).
(11) The regulations may in particular make provision—
(a) requiring the serving of notices before an agreement is made,
(b) about the form of agreements, and
(c) as to the period for which a person may agree not to be entitled to the concessions mentioned in subsection (9)(a) and (b).
(1) Any person to whom a current statutory travel concession permit has been issued by a travel concession authority in Wales and who travels on an eligible service on a journey (beginning at any time)—
(a) between places in the authority's area,
(b) between a place in the authority's area and a place outside but in the vicinity of that area, or
(c) between places outside but in the vicinity of that area,
is entitled, on production of the permit, to a concession consisting of a waiver of the fare for the journey by the operator of the service.
(2) And if the permit is in a form approved by the Welsh Ministers for the purpose of this subsection, subsection (1) has effect as if each reference in it to the authority's area were to Wales.
(3) A travel concession authority in Wales must, on an application made to it by any person who appears to the authority to be an elderly or disabled person residing in its area, issue to the person free of charge a permit, in such form and for such period as the authority considers appropriate, indicating that he is entitled to the concession specified in subsection (1).
(4) If it appears to a travel concession authority in Wales issuing a statutory travel concession permit to a disabled person that the person requires the assistance of a companion to travel on journeys on public passenger transport services, the authority must mark that clearly on the permit.
(5) Where a person whose current statutory travel concession permit is marked in accordance with subsection (4) is entitled under this section to waiver of the fare for a journey, one companion travelling on the journey with the person (and nominated by the person as the person's companion for that journey) is also entitled to waiver of the fare for the journey.
(6) The Welsh Ministers may issue guidance to travel concession authorities in Wales to which they must have regard in determining for the purposes of subsection (3) whether a person is a disabled person.
(7) Before issuing guidance under subsection (6) the Welsh Ministers shall consult—
(a) the Disabled Persons Transport Advisory Committee,
(b) associations representative of travel concession authorities, and
(c) such other persons as they think fit.
(8) A person entitled to be issued with a statutory travel concession permit by a travel concession authority in Wales may agree with the authority that he is not to be entitled to the concession specified in subsection (1) for a period in return for being entitled during that period to receive travel concessions under a scheme under section 93 of the Transport Act 1985 (if the scheme provides that a person may not receive travel concessions under the scheme unless he so agrees).
(9) The Welsh Ministers may by regulations make provision about agreements within subsection (8).
(10) The regulations may in particular make provision—
(a) requiring the serving of notices before an agreement is made,
(b) about the form of agreements, and
(c) as to the period for which a person may agree not to be entitled to the concession specified in subsection (1).
(11) In this section “statutory travel concession permit” means a permit issued pursuant to subsection (3).
(1) (a) In this Part—
“disabled person” means a person who—
is blind or partially sighted,
is profoundly or severely deaf,
is without speech,
has a disability, or has suffered an injury, which has a substantial and long-term adverse effect on his ability to walk,
does not have arms or has long-term loss of the use of both arms,
has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning, or
would, if he applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, have his application refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol,
“elderly person” means a person who has attained the age of 60 years,
“eligible service” means—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... a bus service of a class specified in an order made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales),
“a half-price travel concession”, in relation to a journey, means reduction of the fare for the journey to not more than one-half of that applicable to an adult who is not entitled to any reduction,
“London authority” means a London borough council or the Common Council of the City of London,
“relevant time” means—
any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971, or
a time during the period from 9.30 a.m. to 11 p.m. on any other day, and
“travel concession authority” means—
a council of a non-metropolitan district in England comprised in an area for which there is no county council,
a county council in England,
a London authority,
a Passenger Transport Executive for an integrated transport area in England, ...
a combined authority,
a combined county authority,
the Council of the Isles of Scilly, or
a county council or county borough council in Wales,
(2) A county council or a council of a non-metropolitan district is not a travel concession authority for the purposes of this Part where—
(a) the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and
(b) the combined authority or combined county authority has completed its first full financial year.
The Welsh Ministers may by order amend either or both of sections 145B and 146 for or in connection with securing that section 145B(1)—
(a) applies to any person for the time being eligible to receive travel concessions under a scheme under section 93 of the Transport Act 1985 or to any such person of a specified description (as well as to any elderly person and any disabled person),
(b) applies to travel on any public passenger transport service or to travel on any such service of a specified description (as well as to travel on an eligible service),
(c) applies to a journey between a place in a travel concession authority’s area and a place outside but in the vicinity of that area or to a journey between places outside but in the vicinity of that area (as well as to a journey between places in that area),
(d) provides for the reduction of fares to less than one-half of those applicable to adults who are not entitled to any reduction or for waiver of fares, or
(e) applies, or does not apply, to a journey beginning at a specified time.
(1) An operator commits an offence if he systematically fails to comply with the obligation under section 145A(1) or 145B(1) during any period.
(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) Proceedings for an offence under this section shall not be instituted except—
(a) by a travel concession authority, or
(b) by or with the consent of the Director of Public Prosecutions;
and any authority who would not otherwise have power to bring such proceedings shall accordingly have that power.
(1) Where—
(a) an operator provides concessions under section 145A(1) in respect of eligible journeys beginning in the area of a travel concession authority in England, or
(b) an operator provides concessions under section 145B(1) for persons who reside in the area of a travel concession authority in Wales,
the authority shall reimburse the operator for providing the concessions.
(2) Subject to regulations under subsection (3), the arrangements with respect to reimbursement shall be—
(a) such as the travel concession authority may agree with the operators who provide concessions
(i) in respect of eligible journeys beginning in the authority's area (if the authority is in England), or
(ii) for persons who reside in the authority's area (if the authority is in Wales), or
(b) in the absence of agreement, such as may be determined by the authority (being the same in the case of all of those operators) not later than 28 days before the date on which the arrangements, or any variations of the arrangements, are to come into operation.
(3) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations make provision—
(a) with respect to the determination by travel concession authorities of the amounts to be paid to individual operators, or to any class of operators, by way of reimbursement,
(b) as to the manner of making any payments due to operators by way of reimbursement, and
(c) about the terms on which, and the extent to which, travel concession authorities may employ any person as their agent for the purpose of making payments due to operators by way of reimbursement and the descriptions of persons who may be so employed.
150 Procedure for reimbursement arrangements determined by authority.
(1) At least four months before the coming into operation of, or of any variations of, any arrangements with respect to reimbursement determined by a travel concession authority in accordance with section 149(2)(b), the authority shall publish the proposed arrangements, or the proposed variations, in such manner as they consider appropriate.
(2) Following publication—
(a) copies of the published material shall be made available at the principal office of the authority,
(b) a copy of it shall be supplied to every operator of local services who would, in the opinion of the authority, be affected by the proposals, and
(c) a copy of it shall be supplied to any person on request (whether at the principal office or by post), either free of charge or at a charge representing no more than the cost of providing the copy.
(3) An operator who considers that he may be prejudicially affected by the proposals may apply to—
(a) the Secretary of State (in the case of arrangements determined by a travel concession authority in England), or
(b) the National Assembly of Wales (in the case of arrangements determined by such an authority in Wales),
for a modification of the proposed arrangements, or proposed variations, on the grounds that there are special reasons why they would be inappropriate with respect to one or more local services provided by him.
(4) An application under subsection (3)(a) shall be made by notice in writing given not later than 56 days after the date on which the arrangements, or the variations, come into operation.
(4A) An application under subsection (3)(b) shall be made by notice in writing given not later than 28 days after the date on which the arrangements, or the variations, come into operation.
(5) An application under subsection (3) may not be made unless the applicant has previously given notice in writing of his intention to make the application to the travel concession authority by which the arrangements, or varied arrangements, are being, or have been, determined.
(6) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales)—
(a) may make regulations as to the form and content of notices under this section and the manner in which they are to be given,
(b) may appoint a person to determine an application under subsection (3) on his or its behalf, and
(c) may by regulations make provision as to the procedure to be followed in connection with applications under subsection (3).
(7) Regulations made under subsection (6)(c) may in particular make provision—
(a) as to the conduct of any proceedings held in connection with applications under subsection (3), and
(b) for applicants or travel concession authorities, or both, to make payments towards the expenses incurred in connection with the determination of such applications.
(8) On an application under subsection (3) the Secretary of State or the National Assembly for Wales, or (if a person is appointed under subsection (6)(b) to determine the application) the person so appointed, may direct—
(a) that the arrangements, or varied arrangements, are to have effect with such modifications as are specified in the direction from the time so specified, and
(b) that the authority shall make a payment of an amount specified in the direction to the applicant.
(1) Chapter VIII of Part IV of the Greater London Authority Act 1999 (travel concessions on journeys in and around Greater London) has effect subject to the following amendments.
(2) Section 240 (travel concessions on journeys in and around Greater London) is amended as follows.
(3) In subsections (1) and (2), for “any persons eligible to receive them in accordance with subsection (5) below” substitute “ such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements ”.
(4) In subsection (5), for “are persons, or any description of persons,” substitute “ by an authority are persons appearing to the authority to be persons ” and for paragraphs (b) and (c) substitute—
(b) who are blind;
(c) who are partially sighted;
(d) who are profoundly or severely deaf;
(e) who are without speech;
(f) who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;
(g) who do not have arms or have long-term loss of the use of both arms;
(h) who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; or
(i) who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol.
(5) After that subsection insert—
(5A) The Secretary of State may issue guidance to local authorities to which they must have regard in determining whether a person falls within subsection (5)(b) to (i) above.
(5B) Before issuing guidance under subsection (5A) above the Secretary of State shall consult—
(a) the Disabled Persons Transport Advisory Committee;
(b) associations representative of local authorities; and
(c) such other persons as he thinks fit.
(6) In section 241(1) (reserve free travel scheme), after “provided for” insert “ all ”.
(7) Section 242 (requirements as to scope of concessions which must be given if free travel scheme is not to have effect) is amended as follows.
(8) In subsection (1), after “provide” insert “ (a) ” and insert at the end
; and
(b) for the travel concessions granted to them to include the concession specified in subsection (8) below.
(9) In subsection (2), for “Those journeys” substitute “ The journeys referred to in subsection (1)(a) above ”.
(10) In subsection (5), for “The requirements of this section as to scope do” substitute “ Subsection (1)(a) above does ”.
(11) In subsection (7), for “the categories of such residents mentioned in paragraphs (a), (b) and (c)” substitute “ a category specified in any one of the paragraphs ”.
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13) In section 243 (requirements as to uniformity), after subsection (5) insert—
(6) No charge may be made for the issue to an eligible London resident of a travel concession permit relating to the travel concession specified in section 242(8) above.
151A Use of zero-emission vehicles for local services in England
(1) The operator of a service that falls within subsection (2) may not use a vehicle that falls within subsection (3) to provide the service in England.
(2) A service falls within this subsection if it is—
(a) a local service which has one or more stopping places in England and which—
(i) is registered under section 6 of the Transport Act 1985, or
(ii) is not required to be registered under that section because of section 123J(2) or an exemption granted under section 123PA(1), or
(b) a London local service (within the meaning given by section 179 of the Greater London Authority Act 1999).
(3) A vehicle falls within this subsection if—
(a) it is constructed or adapted to carry both seated and standing passengers, with the number of seated passengers being more than 22 (determined in accordance with regulations made under section 26 of the Public Passenger Vehicles Act 1981),
(b) it is first registered under the Vehicle Excise and Registration Act 1994 on or after a date specified in regulations made by the Secretary of State, and
(c) the tailpipe emissions from it include any of the following—
(i) carbon dioxide;
(ii) carbon monoxide;
(iii) hydrocarbon;
(iv) nitrogen oxide;
(v) particulates.
(4) The Secretary of State may by regulations—
(a) specify descriptions of document that may be relied on in order to determine for the purposes of this section what is included in the tailpipe emissions from a vehicle,
(b) specify descriptions of vehicle in relation to which subsection (1) does not apply, and
(c) specify local services or descriptions of local service in relation to which subsection (1) does not apply.
(5) The date specified under subsection (3)(b) may not be before 1 January 2030.
(1) Part V of the Transport Act 1985 (expenditure on public passenger transport services) is amended as follows.
(2) In section 89 (obligation to invite tenders for subsidised services), for subsections (7) and (8) substitute—
(7) An authority issuing an invitation to tender under this section shall, in determining whether to accept a tender submitted in response to the invitation or which (if any) of several such tenders to accept, have regard in particular to—
(a) a combination of economy, efficiency and effectiveness;
(b) the implementation of the policies set out in the appropriate bus strategy; and
(c) the reduction or limitation of traffic congestion, noise or air pollution.
(8) In subsection (7)(b) above “the appropriate bus strategy” means—
(a) in the case of a local transport authority (within the meaning of section 108(4) of the Transport Act 2000), their bus strategy;
(b) in the case of a district council which is not such an authority, the bus strategy of the council for the county in which the district is situated; and
(c) in the case of a Passenger Transport Executive for a passenger transport area, the bus strategy made jointly by the Passenger Transport Authority for the area and the councils for the metropolitan districts comprised in the area.
(3) In section 90(3) (duty of authority to publish reasons for considering that payment of subsidies to secure service in accordance with accepted tender is conducive to achieving most effective and economic application of funds), for the words from “is conducive” to the end substitute “ accords with section 89(7) of this Act. ”
(4) In section 92(1) (authorities subsidising public passenger transport services not to inhibit competition between persons providing or seeking to provide such services in their area), for the words from “so conduct” to the end substitute “ have regard to the interests of the public and of persons providing public passenger transport services in their area. ”
153 Competition test: functions and agreements relating to buses
(1) Schedule 10 contains provision applying competition tests in relation to—
(a) the exercise of functions relating to advanced quality partnership schemes, quality partnership schemes, advanced ticketing schemes, ticketing schemes , enhanced partnership schemes and subsidised local services,
(b) voluntary partnership agreements and certain other agreements, decisions and practices relating to bus services.
(2) A voluntary partnership agreement is any voluntary agreement under which—
(a) a local transport authority, or two or more local transport authorities, undertake to provide particular facilities, or to do anything else for the purpose of bringing benefits to persons using local services, within the whole or part of their area, or combined area, and
(b) one or more operators of local services undertake to provide services of a particular standard.
(3) In subsection (2)—
“facilities” means—
facilities provided at specific locations along routes served, or proposed to be served, by local services within the area to which the agreement relates, or
facilities which are ancillary to such facilities;
“standard”, in the case of any services, includes—
any requirements which the vehicles being used to provide the services must meet,
any requirements as to frequency or timing of the services,
any requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the agreement applies;
“voluntary agreement” means an agreement made otherwise than under sections 113C to 113O (advanced quality partnership schemes), or under sections 114 to 123 (quality partnership schemes).
(1) The Secretary of State with the approval of the Treasury (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to operators of eligible bus services towards their costs in operating those services.
(2) The Secretary of State with the approval of the Treasury (as respects England) or the National Assembly for Wales (as respects Wales) may make provision by regulations as to the method of calculation of grants.
(3) Subject to the provisions of any such regulations, grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by—
(a) the Secretary of State with the approval of the Treasury (as respects England), or
(b) the National Assembly for Wales (as respects Wales).
(4) A determination under subsection (3) may be made either generally or in relation to particular cases or classes of case.
(5) In this section “eligible bus services” means bus services of a class (or using vehicles of a class) prescribed by regulations made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).
(6) Section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel) and section 111 of the Transport Act 1985 (unregistered and unreliable local services: reduction of fuel duty grant) cease to have effect.
154A Grants by local transport authorities in England
(1) A local transport authority whose area is in England may make grants to operators of the services mentioned in subsection (2) towards their costs in operating those services in that area.
(2) The services are—
(a) local services which have one or more stopping places in the authority’s area, and
(b) services which have one or more stopping places in the authority’s area and would be local services but for section 2(4)(b) of the Transport Act 1985.
(3) Grants under this section are to be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by the authority.
(4) If a local transport authority is a mayoral combined authority, the function under subsection (1) is a function of the combined authority exercisable only by the mayor acting on behalf of the combined authority.
(5) If a local transport authority is a mayoral CCA, the function under subsection (1) is a function of the combined county authority exercisable only by the mayor acting on behalf of the combined county authority.
(6) The Secretary of State may issue guidance as to the exercise of functions under this section by local transport authorities and mayors; and they must have regard to any such guidance.
(7) The guidance may, in particular, include guidance—
(a) about the protection of services mentioned in subsection (2) that are socially necessary,
(b) about how the services mentioned in that subsection can contribute to economic growth and the protection of the environment, and
(c) setting out practical considerations to be taken into account when exercising functions under this section.
(8) The Secretary of State may at any time vary or revoke guidance issued under subsection (6).
(9) The Secretary of State must publish—
(a) guidance issued under subsection (6), and
(b) any variation or revocation of the guidance.
(10) Section 88(1) of the Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) does not apply in relation to grants under this section.
(1) Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse—
(a) failed to operate a local service registered under section 6 of the Transport Act 1985,
(aa) failed to comply with the requirements of regulations made under section 6(9)(i), (j) or (k) of that Act,
(ab) failed to comply with a requirement to provide information imposed by virtue of section 6C of that Act,
(b) operated a local service in contravention of that section or section 113J(4) or (5), 118(4) , 129(1)(b) or 138J(9) of this Act,
(ba) failed to comply with a requirement imposed by virtue of section 123X(7)(c), 134B(7)(c) or 138S(7)(c) of this Act, or
(c) failed to comply with section 134F, 138 or 140(3) of this Act, or with regulations under section 141A of this Act
he may make one or more orders under subsection (1A).
(1ZA) Where a traffic commissioner is satisfied that—
(a) a person has operated a local service in contravention of section 123J(3) of this Act, and
(b) in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 123J(3) of this Act,
the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
(1ZB) Where a traffic commissioner is satisfied that—
(a) a person has operated a local service in contravention of section 138J(9) of this Act, and
(b) in operating the local service, the person has failed to take all reasonable precautions and to exercise all due diligence to avoid contravening section 138J(9) of this Act,
the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
(1ZC) Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143A of this Act, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
(1ZD) Where a traffic commissioner is satisfied that the operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under section 143B the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
(1ZDA) Where a traffic commissioner is satisfied that the holder of a PSV operator’s licence has, without reasonable excuse, failed to comply with a requirement of section 144F or of regulations made under that section, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
(1ZDB) Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse, operated the local service in contravention of section 151A(1) of this Act, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
(1ZE) Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse, failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).
(1A) The orders are—
(a) an order that the operator pay a penalty of such amount as is determined in accordance with subsection (3);
(b) an order that the operator expend such sum of money as is determined in accordance with subsection (3) in the manner mentioned in subsection (1B);
(c) an order that the operator provide compensation (see subsection (1C)) to passengers of such description as is specified in the order;
(d) an order of such other description as the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales) may by order prescribe for the purposes of this paragraph.
(1B) An order under subsection (1A)(b) may require the operator to expend money on or towards—
(a) the provision of specified local services or specified facilities to be used in connection with such services;
(b) specified improvements in such services or facilities.
In this subsection “specified” means specified in the order.
(1C) Compensation under subsection (1A)(c)—
(a) may take the form of payments of money, or
(b) may take such other form (including the provision of free travel or travel at a reduced price) as is specified in the order;
and shall be of such amount, or equivalent in value to such amount, as is determined in accordance with subsection (3).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The amount mentioned in subsections (1A)(a) and (b) and (1C) is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed —
(a) £550, or
(b) such other amount as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order specify,
multiplied by the total number of vehicles which the operator is licensed to use under all the PSV operator’s licences held by him.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) After making an order under subsection (1A) , the traffic commissioner must at once give notice in writing to—
(a) the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), and
(b) the operator.
(6) The operator may appeal to the Upper Tribunal against the making of the order.
(6A) If the operator fails to comply with an order under subsection (1A)(b), (c) or (d), the traffic commissioner may order the operator to pay a penalty of such amount as is determined in accordance with subsection (6B).
(6B) That amount is such amount as the traffic commissioner thinks fit in all the circumstances of the case, but must not exceed 110% of the maximum amount which may be ordered in accordance with subsection (3).
(7) An amount ordered to be paid under subsection (1A)(a) or (6A) is—
(a) payable to the Secretary of State (as respects England) or the Welsh Ministers (as respects Wales), and
(b) recoverable as a civil debt.
(8) Other provisions that may need to be considered include the following provisions of the Transport Act 1985—
(a) sections 26 and 27 (attachment of conditions to PSV operator's licence),
(b) sections 27A and 27B (additional powers of traffic commissioner where services are not operated as registered etc).
157 Grants to Integrated Transport Authorities , combined authorities and combined county authorities
(1) The Secretary of State may, with the approval of the Treasury, make grants to the Integrated Transport Authority for an integrated transport area in England for the purpose of enabling the Authority, or the Passenger Transport Executive for the area, to carry out any of their functions.
(1A) The Secretary of State may, with the approval of the Treasury, make grants to a combined authority for the purpose of enabling the authority to carry out any of their functions.
(1B) The Secretary of State may, with the approval of the Treasury, make grants to a combined county authority for the purpose of enabling the authority to carry out any of their functions.
(2) Grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Secretary of State may, with the approval of the Treasury, determine.
(3) A determination under subsection (2) may be made either generally or in relation to particular cases or classes of case.
(1) Section 111 of the Transport Act 1985 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)).
(2) For subsections (2) to (4) substitute—
(2) If any amount has been paid to the operator by way of grant under section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel) in respect of any services operated during the period of three months ending with the day on which the determination under subsection (1) above is made, there is due from the operator—
(a) to the Secretary of State (as respects England); or
(b) to the National Assembly for Wales (as respects Wales),
such percentage of that amount as the traffic commissioner thinks fit in all the circumstances of the case.
(3) The percentage determined shall be at least one per cent. but not more than twenty per cent.
(4) A traffic commissioner who makes a determination under this section shall at once give notice in writing to—
(a) the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales); and
(b) the operator;
and the operator may appeal to the Transport Tribunal against the determination.
(3) In subsection (5), omit—
(a) “to the Secretary of State”, and
(b) the words from “and any amount” to the end.
159 Abolition of financial plans of Passenger Transport Executives.
Sections 3 to 5 of the Transport Act 1983 (duty of Passenger Transport Executives to prepare three-year financial plans and determination of revenue grants) shall cease to have effect.
(1) Any power to make regulations or orders under this Part—
(a) is exercisable by statutory instrument,
(b) includes power to make different provision for different cases, and
(c) may be exercised so as to make incidental, consequential, supplementary or transitional provision or savings.
(2) A statutory instrument containing regulations or an order made by a Minister of the Crown under this Part (whether alone or jointly with the National Assembly for Wales) , other than regulations under section ... 138F(10), 138G(9) , 141A(1) or 151A(3)(b) or an order under section 155(1A)(d), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2A) A statutory instrument containing regulations under section ... 138F(10), 138G(9) , 141A(1) or 151A(3)(b) shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3) A statutory instrument containing an order under section 155(1A)(d) shall not be made—
(a) as respects England, unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;
(b) as respects Wales, unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.