A bill to make provision about local and school bus services; and for connected purposes.
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Purpose
Source Bill 229 EN 2024-25
148.Subsection (1) of the newly inserted clause 1 states the purpose of the Bill, namely, to improve performance, accessibility and quality of bus passenger services in Great Britain.
149.Subsection (2) provides that the Secretary of State must have regard for the purpose set in subsection (1), when taking actions under the provisions of the Bill.
Franchising schemes: general
Source Bill 229 EN 2024-25
150.This clause amends the Transport Act 2000 in relation to the availability of franchising schemes.
151.Subsection (1) is self-explanatory.
152.Subsection (2) amends section 123A(4) of the Transport Act 2000 to remove the requirement for the Secretary of State to provide in regulations that subsections 123A(4)(b) to (g) have effect. These subsections list the non-mayoral authorities that are franchising authorities.
153.Subsection (3) amends section 123C to remove the requirement for the Secretary of State to consent before franchising authorities that are not mayoral combined authorities or mayoral combined county authorities can prepare an assessment of a proposed franchising scheme.
154.Subsection (4) repeals section 143A(5) to remove the requirement for Secretary of State consent if franchising authorities that are not mayoral combined or mayoral combined county authorities wish to exercise the powers to obtain information about local services in their areas in sections 143A(1) and (2).
155.Subsection (5) is self-explanatory.
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Source Bill 229 EN 2024-25
156.This clause inserts a new subsection (2A) into section 123H of the Transport Act 2000. Inserted subsection 123H(2A) makes it clear that, where more than one area is specified in a franchising scheme, the specified areas need not be contiguous.
Source Bill 229 EN 2024-25
157.This clause amends section 123H of the Transport Act 2000 to clarify the different ways franchising authorities may specify services in a franchising scheme for the purposes of section 123H(2)(b).
158.Subsection (1) inserts a new section 123H(2B) into the Transport Act 2000, setting out how local services may be specified for the purposes of subsection (2)(b) of section 123H.
159.Inserted subsection 123H(2B)(a) of the Transport Act 2000 clarifies that services may be specified by reference to the routes or places intended to be served. For example, a franchising authority could specify services in line with this subsection by listing the principal points to be served e.g. "the local services intended to be provided under local service contracts are services which serve the following principal points [followed by a list]". The principal points could be points such as a local hospital, railway station, or in a rural area, individual villages. Another example of a specification under this subsection would be listing services route by route.
160.Inserted subsection 123H(2B)(b) of the Transport Act 2000 clarifies that services can be specified by describing the intended services in general terms. This is broad and franchising authorities have a wide range of options for specifying services under this subsection. For example, a franchising authority could specify services by references to the purposes that the services will serve, e.g.: "the local services to be provided are those services necessary to connect passengers to school, further education, work, and healthcare facilities in X area."
161.Inserted subsection 123H(2B)(c) of the Transport Act 2000 clarifies that franchising authorities can combine the approaches under inserted sections 123H(2B)(a) and (b). For example, under this subsection a franchising authority whose franchising scheme covers both urban and rural areas could specify services by reference to specific routes in the urban areas, in line with section 123H(2B)(a), but then for the rural areas take a broader approach to specification under section 123H(2B)(b).
162.The final inserted subsection, subsection 123H(2B)(d), clarifies that it is also open to franchising authorities to specify services in any other way the franchising authority or authorities think(s) fit, as long as the specification enables the services to be identified.
163.The remaining subsections in the clause (subsections (2)-(5)) are transitional provisions.
164.Subsection (2) provides that subsection (3) applies where an authority has not yet made a franchising scheme at the time the clause comes into force but has started the process and has published a consultation document under section 123E(2) of the Transport Act 2000. Subsection (3) then provides that, when the franchising authority or authorities ultimately make the scheme, the authority or authorities may specify local services as mentioned in section 123H(2B) in the scheme regardless of how the services were described in the consultation document.
165.Subsection (4) allows authorities to vary the way services are specified in an existing franchising scheme, without following the variation procedure in Part 3 of inserted Schedule 9A to the Transport Act 2000. This applies for up to 2 years after the clause comes into force. Subsection (5) clarifies that an existing franchising scheme is a franchising scheme made before the clause comes into force.
Source Bill 229 EN 2024-25
166.Subsection (1) of this clause omits subsection 123H(4) of the Transport Act 2000. Subsection 123H(4) set out that a franchising scheme may not specify a period of less than six months in its scheme under subsections 123H(2)(d) or 123H(3)(c). This meant that at least six months had to expire between the authority making a local service contract, and the provision of a local service under the contract.
167.Subsections (2) and (3) make transitional provision in relation to subsection (1).
168.Subsection (2) sets out when the transitional arrangements in subsection (3) apply. This is where, at the time the clause comes into force, the franchising authority or authorities have published a consultation document relating to a scheme or variation of a scheme under section 123E(2) but have not yet made the scheme or varied it.
169.Subsection (3) then provides that, when making (or varying) a franchising scheme pursuant to the consultation document, the franchising authority or authorities may specify a minimum period under section 123H(2)(d) or (3)(c) which is less than six months.
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Source Bill 229 EN 2024-25
170.This clause amends sections 123E(4)(a), 123N(2)(a), 123Q(5)(a) and 123R(5)(a) of the Transport Act 2000 to add the words “which have one or more stopping places" after the references to "local services" in those sections. This clarifies that the references to "local services" incorporate any service which has a stopping place in the relevant area, including cross boundary services operating pursuant to a service permit
Franchising schemes: non-franchised services
Source Bill 229 EN 2024-25
171.Subsections (1), (2), (3) and (4) of this clause amend section 123Q of the Transport Act 2000 (application for service permit).
172.Subsection (2) inserts new subsections 123Q(5A) and (5B) after subsection (5) of section 123Q the Transport Act 2000. These new subsections set out additional tests for granting service permits. Inserted subsection 123Q(5A) provides two additional tests by which a franchising authority or authorities may grant service permits for cross boundary services. Subsection 123Q(5A)(a) sets out that a franchising authority or authorities may grant a service permit for a cross-boundary service if satisfied that the benefits to persons making journeys on the proposed service will outweigh any adverse effect on any local service provided under a local service contract in the scheme area. Alternatively, subsection 123Q(5A)(b) sets out that a franchising authority or authorities may grant a service permit for a cross-boundary service if the authority or authorities are satisfied that the benefits of the proposed service to the economy of the 'relevant area', or to persons living in that area, will outweigh any adverse effect on any local service provided under a local service contract.
173.Inserted subsection 123Q(5B) is for service permits for services that are not cross-boundary services. The authority or authorities may grant a service permit under subsection 123Q(5B) if that the benefits of the proposed service to the economy of the scheme area, or to people living within that area, outweigh any adverse effect on any local service provided under a local service contract.
174.Subsection (3) Amends existing subsection 123Q(6) so it sets out that a franchising authority or authorities may not grant a service permit except under existing subsection (5), and new subsections (5A) and (5B).
175.Subsection (4) inserts a new subsection 123Q(8) defining terms used in Section 123Q in relation to a franchising scheme. A ‘Cross-boundary service' is a service that has one or more stopping places in the area which the franchising scheme relates, but that begins or ends, or begins and ends, outside the franchising scheme area. A 'relevant area' in relation to a cross-boundary service, means the combined area of each local transport authority, council in Scotland and Transport Partnership in which the service has a stopping place.
176.Subsection (5) amends section 123S(2) of the Transport Act 2000 (revocation and suspension), to clarify that a franchising authority or authorities can revoke or suspend a service permit granted under sections 123Q(5), (5A), or (5B), if the authority/authorities are no longer satisfied of the matters in the subsection in question.
177.Subsection (6) provides that amendments made by this clause only apply to applications for a service permit made on or after the date that this clause comes into force. This clarifies that the clause does not change the position for existing applications for a service permit.
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Source Bill 229 EN 2024-25
178.Subsection (1) is self-explanatory.
179.Subsection (2) inserts new subsection 123J(4A) into section 123J of the Transport Act 2000. The new subsection provides that existing subsection (2) of section 123J, which disapplies the registration requirements in sections 6 to 9 of the Transport Act 1985 in relation to local services in a franchised area, does not apply in relation to a service which is provided under a service permit.
180.Subsection (3) amends section 123P of the Transport Act 2000 to provide that, where an operator has been granted a service permit by the franchising authority or authorities, the franchising authority or authorities must inform a traffic commissioner. This is to ensure that a traffic commissioner is aware that the service has been granted a service permit. Unless the franchising authority or authorities haves granted an exemption under new section 123PA of the Transport Act 2000 (inserted by subsection (4) of the clause), all services operated within the franchised area under a service permit must be registered with the traffic commissioner.
181.Subsection (4) inserts new section 123PA. Subsection (1) of inserted section 123PA provides a power for a franchising authority, or more than one authority acting jointly, to exempt from the registration requirement any local service or class of local service operated under a service permit in the franchised area.
182.Inserted subsection 123PA(2) provides that if the franchising authority grants an exemption, the requirement to register a local service with the traffic commissioner does not apply.
183.Inserted subsection 123PA(3) allows the franchising authority to vary or revoke an exemption at any time.
184.Inserted subsection 123PA(4) requires the franchising authority to inform the traffic commissioner within 14 days if an exemption is granted, varied or revoked, and to publish details of the grant, variation or revocation.
185.Subsection (5) of the clause inserts new subsection (2A) into section 123S of the Transport Act 2000 to require the franchising authority or authorities to inform the traffic commissioner when a service permit is revoked or suspended
186.Subsection (6) inserts new subsection (ba) into section 123V(1) of the Transport Act 2000 to allow the Secretary of State to make regulations and transitional provisions in relation to the new power in section 123PA for franchising authorities to exempt local services or classes of local services from the registration requirement.
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Source Bill 229 EN 2024-25
187.Subsection (1) provides that this clause amends Section 123J of the Transport Act 2000 (effect of local service contracts: registration requirements and provision of services).
188.Subsection (2) amends subsection 123J(5) to provide that subsections 123J(2) and (3) do not apply to the temporary rail and tram replacement services described in inserted subsection 123J(8).
189.Subsection (3) inserts new subsection 123J(8).
190.The effect of these amendments is that operators of the services described in inserted subsection 123J(8) no longer need to apply for a service permit to operate in a franchised area. They will also continue to be subject to the ordinary requirements for registration of local services in sections 6 to 9 of the Transport Act 1985.
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Franchising schemes: procedure
Source Bill 229 EN 2024-25
191.This clause sets out how section 123D of the Transport Act 2000 (audit) is amended in accordance with subsections (2)-(8).
192.Subsection (2) replaces subsection (1) of section 123D and sets out that a franchising authority may not proceed with a proposed franchising scheme unless they have obtained a report from an "approved person" on the assessment of the proposed scheme. “Approved person" replaces "auditor ” as the undertaker of the report. The approved person must be independent.
193.Subsection (3)(a) and (b) remove the references to “auditor," replacing with "approved person" where appropriate, and subsection 3(c) clarifies that the report must state whether the information relied in the authority or authorities' assessment is of sufficient quality for the purposes of both section 123(3)(d) and (e).
194.Subsection (4) replaces subsection (3) of section 123D by stating that the Secretary of State must issue guidance as to when it is appropriate to appoint an approved person and what the franchising authority needs to take into account when selecting an approved person (a matter which is in current section 123D(3)), including in relation to whether a person is independent.
195.Subsection (5) and (6) replace "auditor" in subsections (5) and (6) of section 123D with "approved person."
196.Subsection (7) sets out that an “approved person" means a person specified in regulations by the Secretary of State. This replaces subsections (7) and (8) of section 123D.
197.Subsection (8) is self-explanatory.
198.Subsection (9) amends section 123E to remove references to "auditor.”
199.Subsection (10) is a transitional provision. It provides that, where an auditor has already been appointed under the existing section 123D, the amendments to this section do not apply.
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Source Bill 229 EN 2024-25
200.Clause 11 inserts a new subsection (da) to section 123E(4) of the Transport Act 2000 (consultation) to specify that disabled people who are users or prospective users of local services or organisations which represent them must be consulted after the authority gives notice of its proposed franchising scheme.
Source Bill 229 EN 2024-25
201.This clause amends the Transport Act 2000 to set out the new process for varying a franchising scheme.
202.Subsection (2)(a) amends subsection 123M(3) of the Transport Act 2000, to allow the notice of the decision to vary a scheme to state that the variation will take effect on one or more dates.
203.Subsection (2)(b) omits subsection (4) of section 123M to remove the minimum period of 6 months before a variation of the scheme can have effect.
204.Subsection (2)(d) removes subsections (8) and (9) of section 123M, which set out the existing process for varying a scheme.
205.Subsection (3) then inserts new section 123MA of the Transport Act 2000.
206.Inserted subsection 123MA(1) ensures that a franchising scheme as varied must include the same matters as a franchising scheme when it is initially made, as set out in subsections 123H(2) to (10) of the Transport Act 2000. Inserted subsection 123MA(2) clarifies that, where a variation of a scheme adds to the scheme area, the scheme as varied must specify the matters in subsections 123H(2)(c) and (d) in relation to local service contracts for services to be provided in the additional area. Otherwise, the requirements in subsections 123H(2)(c) and (d) do not apply to a scheme varied in accordance with section 123M.
207.Inserted subsections 123MA(3) and (4) make provision in relation to new Schedule 9A of the Transport Act 2000.
208.Subsection (4) provides that the Schedule to the Bill inserts new Schedule 9A after Schedule 9 in the Transport Act 2000. Schedule 9A has 3 parts. Each part sets out a different variation procedure, applying to the kind(s) of variations specified.
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Source Bill 229 EN 2024-25
209.This clause amends the Public Service Obligations in Transport Regulations 2023 to allow franchising authorities to directly award the first local service contracts under a franchising scheme to the incumbent bus operator(s) in the area to which the franchising scheme relates.
210.Subsection (1) is self-explanatory.
211.Subsection (2) inserts a new regulation 16A into the Public Service Obligations in Transport Regulations 2023.
212.Inserted regulation 16A(1) enables franchising authorities to directly award a public service contract under specific conditions.
213.Inserted regulation 16A(2) sets out the requirements for franchising authorities to publish information relating to the contract awarded within 6 months of granting the direct award. Inserted regulation 16A(3) specifies the information that must be published. This is in addition to the publication requirements in regulation 23 (post award publication).
214.Inserted regulation 16A(4) sets out definitions for the purposes of new regulation 16A and is self-explanatory.
215.Subsection (3) amends regulation 9 of the Public Service Obligations in Transport Regulations 2023 (duration of public service contracts). It amends regulation 9(1)(c) to limit the maximum duration of a contract awarded under new regulation 16A to 5 years. It amends regulation 9(4) to disapply regulations 9(2) and 9(3), which set out circumstances where the contract duration can be extended beyond the period specified in regulation 9(1). These circumstances are specific to the rail context.
216.Subsection (4) amends regulation 22(3) of the Public Service Obligations in Transport Regulations 2023 (pre-award publication) to provide that a franchising authority may choose not to publish the specific public service contract information in regulation 22(1). Information about the direct award of bus contracts still requires publication, post contract award, in accordance with the new regulation 16A(2) and existing regulation 23 (post award publication) of the Public Service Obligations in Transport Regulations 2023.
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Enhanced partnership plans and schemes
Source Bill 229 EN 2024-25
217.This clause amends the Transport Act 2000 by requiring LTAs to identify and list services in the EP area that are “socially necessary local services" and to specify requirements which must be followed if a bus operator of these services wishes to vary or cancel them.
218.Subsection (1) is self-explanatory.
219.Subsection (2) amends section 138A of the Transport Act 2000 (enhanced partnership plans and schemes) to require LTAs to identify and list socially necessary local services in their EP plans.
220.Subsection (3) inserts a new subsection (9A) into section 138C of the Transport Act 2000 (requirements in respect of local services.
221.Inserted subsection (9A)(a)provides that LTAs must include requirements in their EP scheme that apply where an operator of a socially necessary local service proposes to cancel the registration under section 6 of the Transport Act 1985 in relation to that service, or 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. This might include, for example, a requirement for an extended notice period before changes are made to these services. Inserted subsection (9A) does not allow LTAs to mandate operators continue providing any socially necessary local service.
222.Inserted subsection (9A)(b) provides that an EP scheme must require LTAs, where they have been notified of a proposed cancellation or variation, to consider whether any alternative arrangements may be made so as to mitigate any adverse effects to passengers caused by the variation or cancellation of the service.
223.Subsection (4) provides that LTAs who are party to existing EP agreements must vary the plan and scheme in accordance with subsection 138K(3) of the Transport Act 2000 within one year of the clause coming into force, so that the EP plan and scheme satisfy the requirements of this clause.
224.Subsection (5) requires the Secretary of State to conduct an assessment of the impact of ending the £2 bus fare cap on passengers ability to access socially necessary local services.
225.Subsection (6) requires a review of how the increase in National Insurance contributions from 6 April 2025 would affect socially necessary bus services, including transport services for children with special educational needs and disabilities (SEND). It sets out the review must be laid before Parliament within 3 months of Royal Assent.
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Source Bill 229 EN 2024-25
226.This clause amends the Transport Act 2000 to widen the measures that can be taken by a local transport authority under an EP scheme so that they can relate to any local services in the area concerned.
227.Subsection (1) is self-explanatory
228.Subsection (2) substitutes wording in section 138A(6)(b) to widen the area that the measures that may be specified in the EP scheme must cover
229.Subsection (3) omits wording in Section 138D(2)(a) to widen the scope of the measures that a local transport authority may include in the EP scheme. It enables the local transport authority to include measures in the schemes that are directed at improving services generally.
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Source Bill 229 EN 2024-25
230.This clause substitutes subsection (9) of section 138C of the Transport Act 2000, which sets out requirements in respect of local services, to allow an EP scheme to require bus operators to provide benefits to bus passengers in return for public expenditure on facilities or measures that will reduce operating costs.
231.New subsection (9)(a) provides that LTAs may include requirements relating to operators establishing and operating arrangements that facilitate the EP scheme. .
232.Newly inserted subsection (9)(b) provides that LTAs may require that bus operators provide benefits to bus passengers if they benefit from action taken by those set out in subsection (9)(b)(i), (ii), and (iii). Paragraphs (i), (ii), and (iii) set out that this applies if the benefits are delivered by LTAs or other public authorities, including the Secretary of State.
Source Bill 229 EN 2024-25
233.This clause inserts new section 138KA of the Transport Act 2000 to provide that, where an EP scheme can be varied in accordance with the scheme, a variation can be made under section 138K only where the Secretary of State is satisfied that operators have behaved unreasonably or obstructively or that the variation or revocation will benefit users of local services.
234.Inserted subsection 138KA(1) sets out that the situations in which a variation under section 138K could be made in a case where subsection (2) applies.
235.Inserted subsection 138KA(2) sets out that this applies to any case where the provisions relating to variation or revocation may be varied by an alternative mechanism as set out in section 138E of the Transport Act 2000.
236.Inserted subsection 138KA(3) provides that the Secretary of State may only give a direction to make a variation under section 138K if they are satisfied that either paragraphs (a) or (b) are met.
237.Inserted subsection 138KA(4) provides that any direction under this section does not impact other requirements from scheme variation, as set out in section 138K.
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238.Clause 18 amends relevant sections of the Transport Act 2000 on Enhanced partnerships and plans to help authorities better reflect the needs of disabled users of local bus services in the design of EP schemes and plans.
239.Subsection (1) is self-explanatory.
240.Subsection (2) inserts a new section 138CA into the Transport Act 2000 which provides that an EP scheme may specify requirements about enabling disabled people to travel on local services independently, and in safety and reasonable comfort, including “taxi guarantee schemes". New section 138CA also that before making an EP scheme LTAs 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 relevant local services and includes definitions for the purpose of the clause.
241.Subsection (3) inserts a new paragraph (ba) in section 138F(6) (consultation) of the Transport Act 2000 to include disabled users or prospective users of local services or organisations representing disabled users among the list of people/entities that authorities must consult before making an EP scheme.
242.Subsection (4) inserts new subsections (9) and (10) in section 138K of the Transport Act 2000 to specify that before varying an EP scheme LTAs 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 relevant local services in the area the scheme relates to.
243.Subsection (5) is self-explanatory.
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244.This clause amends the Transport Act 2000 in relation to the objections periods when authorities give notice to operators about creating, varying or revoking an EP plan or scheme.
245.Subsection (1) is self-explanatory.
246.Subsection (2) amends section 138F (preparation, notice and consultation) of the Transport Act 2000 by removing subsection (2)(c) and substituting it with a new subsection (2)(c). This has the effect of setting a fixed objection period of 28 days within which objections may be made to the authority, removing the power for LTAs to set the period within which objections may be made. It also inserts a new subsection (4A) which allows LTAs to give notice of a proposal to make a plan or scheme in accordance with section 138F(1)(d) before the end of the objection period if every person who is required to be given the notice has confirmed in writing that they do not intend to object. Subsection (2)(c) is self-explanatory.
247.Subsection (3) amends section 138G (making of plans and schemes) in the Transport Act 2000 by removing subsection (3)(c) and substituting it with a new subsection (3)(c). This has the effect of setting a fixed objection period of 28 days within which objections may be made to the authority, removing the power for LTAs to set the period within which objections may be made. It also inserts a new subsection (3A) that allows authorities to make the EP plan and scheme with modifications before the end of the objection period if every person who is required to be given the notice has confirmed in writing they do not intend to object. Subsection (3)(c) is self-explanatory.
248.Subsection (4) amends section 138L (variation: preparation, notice and consultation) of the Transport Act 2000 by removing subsection (2)(c) and substituting it with a new subsection (2)(c). This has the effect of setting a fixed objection period of 28 days within which objections may be made to the authority, removing the power for LTAs to set the period within which objections may be made. It also inserts a new subsection (4A) that allows authorities to give notice of a proposal to vary the plan or scheme in accordance with section 138L(1)(d) before the end of objection period if every person who is required to be given the notice has confirmed in writing that they do not intend to object. Subsection (4)(c) is self-explanatory.
249.Subsection (5)(a) amends section 138M (variation: making the variation) of the Transport Act 2000 by removing subsection (4)(d) and substituting it with a new subsection (4)(d). This has the effect of setting a fixed objection period of 28 days within which objections may be made to the authority, removing the power for LTAs to set the period within which objections may be made. Subsection (5)(b) inserts a new subsection (4A) which allows authorities to vary a plan or scheme before the end of the objection period if every person who is required to be given the notice has confirmed in writing that they do not intend to object. Subsection (5)(c) omits subsection 138M(8)(c) of the Transport Act 2000 which has the effect that the Secretary of State no longer has the power to set the minimum objection period by regulations.
250.Subsection (6)(a) omits subsection 1380(7)(a) of the Transport Act 2000. This has the effect that where an LTA issues a notice of an intention to revoke an EP plan or scheme, they are no longer required to state the date on which the revocation takes effect on this notice. This allows LTAs to proceed with the revocation of a plan or scheme where the relevant operators have indicated they do not intend to object under the new subsection (7B).
251.Subsection (6)(b) amends section 1380 (revocation) of the Transport Act 2000 by removing subsubsection (7)(d) and substituting it with a new subsection (7)(d). This has the effect of setting a fixed objection period of 28 days within which objections may be made to the authority, removing the power for LTAs to set the period within which objections may be made
252.Subsection (6)(c) also inserts a new subsection (7A) and (7B) into section 1380 of the Transport Act 2000.
253.Subsection (6)(d) omits subsection 1380(11)(c) of the Transport Act 2000 which has the effect that the Secretary of State no longer has the power to set the minimum objection period by regulations.
254.Subsection (7) is self-explanatory
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255.This clause amends the Transport Act 2000 by creating a new requirement for LTAs or authorities to give advance notice before issuing a request for information under section 143B of the Transport Act 2000.
256.This clause inserts a new subsection (4A) and (4B) into section 143B. Inserted subsection (4A) provides that an LTA may not require an operator to supply information unless, at least 14 days before imposing the requirement, they have given notice to the operator of their intention to impose the requirement. This notice should set out, the date they intend to issue the notice and the period they intend to allow for the provision of information. Inserted subsection (4B) provides that when imposing the requirement to provide information, the LTA must have regard to any representations made by the operator during the 14-day period in response to the notice.
Local government functions
Source Bill 229 EN 2024-25
257.Clause 21 inserts a new section 113BA (Bus network accessibility plans) in the Transport Act 2000 requiring LTAs to publish a bus network accessibility plan (BNAP) including information on the current levels of accessibility of the bus network in their area and measures to improve this in future.
258.Subsection (1) of new section 113BA specifies that LTAs must publish a BNAP within one year of this section coming into force and subsection (2) of new section 113BA sets out the information that BNAPs must include.
259.Subsection (3) of new section 113BA specifies when LTAs must review their BNAP and subsection (4) provides for when LTAs must alter their BNAP. For the purposes of subsections (3) and (4), substantial changes to the local bus service network may include making a new or varying an existing enhanced partnership or franchising scheme.
260.Subsection (5) of new section 113BA is self-explanatory.
261.Subsection (6) of new section 113BA requires LTAs to consult with operators of local bus services in the area and disabled people or organisations representing them when preparing or reviewing their BNAP, as well as any other appropriate persons.
262.Subsection (7) of new section 113BA defines "persons with disabilities".
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263.Subsection (1) repeals section 22 of the Bus Services Act 2017. Section 22 of the Bus Services Act 2017 set out that the "relevant authorities" listed in section 22(3) could not exercise their powers to form a company for the purpose of providing a local bus service in England.
264.Subsections (2)-(5) create new requirements mirroring existing sections 74(1), (2) and (13) of the Transport Act 1985 – legislation that disqualifies directors of existing public transport companies from being members of the local authority that owns the company. The new requirements in subsections (2)-(5) will ensure that directors of new LABCos formed after the repeal of section 22 of the Bus Services Act 2017 are subject to the same governance requirements.
265.Subsection (2) provides that a director of a local government bus company who is paid to act in that capacity or is an employee of the company or a subsidiary, is disqualified from being elected or being a member of a relevant authority that controls the company. This mirrors sections 74(1), (2) and (13) of the Transport Act 1985, which disqualifies directors of existing public transport companies from being members of the local authority that owns the company.
266.Subsection (3) explains when a company is taken to be controlled by a relevant local authority.
267.Subsection (4) confirms that the requirements in subsections (1) to (3) also apply to subsidiaries of local government bus companies.
268.Subsection (5) provides definitions of key terms used in subsections (2), (3) and (4), including “local government bus company” and “relevant authority”.
269.Subsection (6) amends the Transport Act 1985:
270.Subsections (7) and (8) make consequential amendments to the Transport Act 2000 and the Levelling Up and Regeneration Act 2023, to remove references to the sections in legislation that will be repealed as a result of this clause.
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271.This clause provides LTAs with the power to design and administer bus grants by inserting a new section 154A after section 154 of the Transport Act 2000.
272.Subsection (1) of new section 154A states that an LTA whose area is in England may make grants to operators of services mentioned in subsection (2) towards operating costs.
273.Subsection (2) of new section 154A specifies that the “services” are local services that have one or more stopping places in the authority's area and includes services that would otherwise be excluded from the definition of “local service” by section 2(4)(b) of the Transport Act 1985.
274.Subsection (3) of new section 154A sets out that the grant may be of an amount and subject to such conditions that the authority determines.
275.Subsections (4) and (5) of new section 154A set out that if an LTA is an MCA or an MCCA, the function in subsection (1) is exercisable only by the mayor acting on behalf of the authority.
276.Subsections (6) and (7) of new section 154A set out that the Secretary of State may issue guidance to LTAs and Mayors in England as to the exercise of their functions under section 154A, to which LTAs and Mayors must have regard. Subsections (8) and (9) set out the power to vary and revoke this guidance, and the requirements around publishing this guidance.
277.Subsection (10) of new section 154A disapplies section 88(1) of the Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) in relation to grants under section 154A.
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Information about local services
Source Bill 229 EN 2024-25
278.This clause amends Sections 6 and 6I of the Transport Act 1985 in various respects in relation to the registration of local bus services, and makes other provision in respect of existing registration information. Subsection (1) of the clause is self-explanatory.
279.Subsection (2)(a)(i) of this clause amends section 6(9) of the Transport Act 1985.
280.New subsection (da) of section 6(9) allows the Secretary of State to make regulations for the prescribed particulars of the bus service to be provided to prescribed persons.
281.New subsection (e) of section 6(9) of the Transport Act 1985 amends the current power in section 6(9)(e) in respect of England, which provides that a traffic commissioner may refuse to accept an application for registration, variation or cancellation of a service if the applicant either does not provide information to the traffic commissioner, or, if the applicant is subject to requirements of regulations made under section 141A of the Transport Act 2000 (which applies in England only), the applicant does not comply with them.
282.New subsection (e)(i) of section 6(9) amends the power to enable regulations that require this information to be provided to prescribed persons rather than just the traffic commissioner, in England only. New subsection (e)(ii) restates the current power to ensure that the traffic commissioner can refuse to accept the application if an applicant who is subject to requirements in regulations made under section 141A of the Transport Act 2000 does not comply. New subsection (ea) of section 6(9) restates the current power insofar as it applies in relation to Wales to make clear that the amendments in relation to England do not apply.
283.Subsection 2(a)(ii) of this clause amends s.6(9)(j) of the Transport Act 1985 so that the Secretary of State can prescribe who operators are to send records to in respect of England, maintaining the current legal position in respect of Wales.
284.Subsection 2(a)(iii) of this clause inserts new subsection (kb) into section 6(9), which allows the Secretary of State to make regulations as to the use and disclosure of information given, or records made available, under regulations made using section 6 powers.
285.Subsection (2)(b) inserts new subsections (12), (13) and (14) into section 6 of the Transport Act 1985. New subsection (12) allows the Secretary of State to make regulations on the manner and form in which information is provided, including electronically. New subsections (13) and (14) ensure that regulations made under section 6 of the Transport Act 1985 are read subject to data protection legislation and do not contravene it, where such regulations involve the processing of personal data.
286.Subsection (3) of this clause amends section 6I (records of registration etc) of the Transport Act 1985 in relation to registration records held by local transport authorities who have been delegated the registration functions of the traffic commissioner in respect of Enhanced Partnership areas. It also makes provision in relation to data protection.
287.Subsection (3)(a) of this clause amends section 6I(4) of the Transport Act 1985 to allow the Secretary of State to prescribe persons to whom such local transport authorities are to provide particulars of the services that are registered with them.
288.Subsection 3(b) of this clause amends section 6I(7) of the Transport Act 1985 by introducing subsections (b) to (d). New subsection (7)(b) allows for regulations as to the particulars to be supplied under section 6I. New subsection (7)(c) allows for regulations as to the manner and form in which particulars are supplied, including electronically. New subsection (7)(d) allows for regulations as to the use and disclosure of records kept and particulars supplied under this section.
289.Subsection 3(c) inserts new subsection (7A) into section 6I of the Transport Act 1985. This ensures that regulations made under section 6I of the Transport Act 1985 are read subject to data protection legislation and do not contravene it, where such regulations involve the processing of personal data.
290.Subsection 3(d) amends subsection (8) of section 6I to specify the definitions of relevant data protection terms.
291.Subsection (4) enables Traffic Commissioners to share existing registration information with the Secretary of State. It also ensures Traffic Commissioners can provide information about ongoing applications for the registration, variation or cancellation of services received before this clause comes into force, to the Secretary of State after it comes into force.
292.Subsection (5) clarifies that subsection (4) is not to be used in a manner which contravenes data protection legislation (similar to subsection (3)(c) above).
293.Subsection (6) clarifies the definition of "the data protection legislation".
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294.This clause amends section 141A of the Transport Act 2000 to allow the Secretary of State to make regulations that require franchising authorities to provide data about their services, akin to registration information, to the Secretary of State. The clause also amends section 141A to allow the Secretary of State to make regulations authorising the collection and publication of additional categories of data about local services and their operators, with the aim of improving data transparency about these matters.
295.Subsection (1) of the clause is self-explanatory.
296.Subsection (2) amends subsection 141A(2) of the Transport Act 2000 to provide that information may be prescribed in regulations under subsection 141A(1) if it appears to the Secretary of State that the information is required in order to monitor the provision of relevant local services and to facilitate the Secretary of State's exercise of their functions.
297.Subsection (3) amends section 141A(3) of the Transport Act 2000 to add new categories of information that may be prescribed in regulations under section 141A(1). This allows the Secretary of State to prescribe additional information about operators of relevant local services and the vehicles used to provide local services, and ensures that the same information can be obtained in relation to franchised services as may be obtained in relation to services registerable under section 6(2)(a) of the Transport Act 1985.
298.Subsection (4) amends section 141A(4) of the Transport Act 2000 to clarify that the reference to "information about the operation of the services" in existing subsection 141A(3)(c) includes information about the cost of operating the services and the number of staff engaged in the operation of the services.
299.Subsection (5) amends section 141A(8) of the Transport Act 2000 to allow the Secretary of State to make regulations enabling the information to be disclosed by the Secretary of State to the Traffic Commissioners.
300.Subsection (6) inserts new subsections (8A) and (8B) into section 141A of the Transport Act 2000. New subsection (8A) ensures that regulations made under section 141A are read subject to data protection legislation and do not contravene it, where such regulations involve the processing of personal data. New subsection (8B) specifies the definition of relevant data protection terms.
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Source Bill 229 EN 2024-25
301.This clause inserts two new sections into the Statistics of Trade Act 1947, to disapply provisions preventing the Secretary of State from publishing bus statistics collected under section 1 of the Statistics of Trade Act 1947 in a way that identifies specific bus operators.
302.The first new section, inserted after existing section 9A of the Statistics of Trade Act 1947, is new section 9B (Exception for publication of information about local bus services).
303.New section 9B(1) of the Statistics of Trade Act 1947 disapplies the existing provisions in section 9 of the Statistics of Trade Act 1947 in relation to information obtained from or on behalf of a PSV operator's licence holder under section 1 of that Act about relevant local bus services in the qualifying period. Existing section 9 of the Statistics of Trade Act 1947 relevantly sets out that no information identifying an individual undertaking, obtained under the Act, may be published without the previous consent in writing of the person carrying out the undertaking.
304.New section 9B(2) sets out a non-exhaustive list of the categories of information about relevant local services referred to in new section 9B(1).
305.New section 9B(3) sets out definitions relevant to sections 9B(1) and (2), including definitions of 'relevant local service', which is defined as a local service with one or more stopping places in England, and the 'qualifying period', which is the period beginning on 1 May 2015 and ending on the day on which this clause comes into force.
306.The second new section of the Statistics of Trade Act 1947, section 9C, provides that the Secretary of State must, at least 30 days before publication of any information collected pursuant to the new section 9B, publish a notice describing the information to be published (section 9C(1)). New section 9C(2) sets out where this notice must be published.
307.New section 9C(3) clarifies that, following the publication of any information in reliance on new section 9B of the Statistics of Trade Act 1947, section 9 and any subordinate legislation cease to apply in relation that information.
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Enforcement
Source Bill 229 EN 2024-25
308.This clause gives LTAs and Transport for London (“TfL") new powers to enforce against fare evasion.
309.Subsection (1) states that Section 24 of the Public Passenger Vehicles Act 1981 (regulation of conduct of inspectors) is amended by subsections (2) and (3).
310.Subsection (2) inserts a new subsection 24(1A) into the Public Passenger Vehicles Act 1981. Inserted subsection 24(1A) clarifies that regulations under subsection 24(1)(b) of the Public Passenger Vehicles Act 1981 may make a provision about whether or not a person authorised to act as an inspector by an LTA can do so outside the authority's area, or in relation to a local service which does not have a stopping place in the authority's area.
311.Subsection (3) replaces current subsection 24(4) of the Public Passenger Vehicles Act 1981, which sets out the definition of “inspector” for the purposes of sections 24(4) and 25 of the Public Passenger Vehicles Act 1981, with new subsections 24(4) and (4A). Inserted subsection 24(4)(a) retains the definition of “inspector” from previous subsection 24(4) (a person authorised as an inspector by the holder of the PSV operator licence under which the vehicle is being used). Inserted new subsection 24(4)(b) provides that, for vehicles providing a “relevant local service”, an “inspector” is a person authorised by a “relevant authority". "Relevant authority" is defined in new subsection 24(4A) as an LTA in England, or TfL. New subsection 24(4A) also defines “relevant local service” and “stopping place".
312.Subsection (4) amends the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 to clarify that “inspector” in the Regulations includes an inspector authorised under section 24(4)(b) of the Public Passenger Vehicles Act 1981 - that is, a person authorised to act as an inspector by a LTA in England or by TfL (in the case of a vehicle being used to provide a relevant local service).
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Source Bill 229 EN 2024-25
313.This clause inserts five new sections into the Transport Act 2000: sections 144A (Power of local transport authority to make bus byelaws), 144B (Byelaws: procedure), 144C (Byelaws: copies and evidence), 144D (Powers of authorised persons in relation to byelaws), and 144E (Fixed penalty notices).
314.Subsection (1) of inserted section 144A (Power of local transport authority to make bus byelaws) sets out that an LTA in England, or two or more such authorities acting jointly, may make byelaws to regulate in one or more of three areas: 1) travel on their local services ((1)(a)), 2) to maintain order on their local services ((1)(b)(i)) and/or at bus facilities in their area or combined area ((1)(b)(ii)), and 3) regarding the conduct of people travelling on their local services ((1)(c)(i)) and/or using bus facilities in their area or combined area ((1)(c)(ii)).
315.Subsection (2) of section inserted 144A sets out what the byelaws may make provision for. This includes tickets and other things authorising entry to and travel on local services ((2)(a)), fare evasion ((2)(b)), interference with or obstruction of service provision and bus facilities ((2)(c)), preventing people from vaping on services ((2)(d)) and from smoking and vaping at bus facilities ((2)(e)), and preventing people from causing a nuisance ((2)(f)).
316.Subsection (3) of inserted section 144A sets out that anyone found guilty of contravening the byelaws will be liable for a fine not exceeding level 3 on the standard scale, or a lower amount set out in the byelaws. Inserted subsection 144A(4) sets out the definitions of terms used in the previous sub-sections including "local services” ((4)(a)), "bus facility” ((4)(b)), “bus station" and "associated facilities" in relation to a bus station ((4)(c)) and, “bus shelter" ((4)(d)).
317.Subsection (1) of inserted section 144B (Byelaws: procedure) states that LTAs which propose to make byelaws under inserted section 144A must publish a copy of the proposed byelaws on their website or websites ((1)(a)), as well as publishing notice of the proposal to make byelaws in local newspapers and online ((1)(b)). Inserted subsection 144B(2) sets out what information LTAs must include in the notice.
318.Subsection (3) of section 144B states that any person affected by the proposed byelaws has a period of at least 28 days from the day after the notice is published to formally challenge the proposal. Subsection (4) stipulates that LTAs must not submit the byelaws for confirmation by the Secretary of State unless they have considered any representations made to them. Subsection (5) details the role of the Secretary of State in confirming the byelaws.
319.Inserted subsection 144B(6) sets out how confirmed byelaws can come into force. This can either be on a date fixed by the Secretary of State or 28 days following the day on which the byelaws are confirmed.
320.Inserted subsection 144B(7) states that the power to make byelaws under section 144A also includes the power to amend or revoke byelaws made under that section. The Secretary of State may also, by regulations, revoke byelaws made under section 144A (inserted subsection 144A(8)).
321.Subsections (1), (2) and (3) of inserted new section 144C (Byelaws: copies and evidence) sets out the requirements and process for copies of the byelaws to be made available once confirmed by the Secretary of State. These include requirements for LTAs to publish copies of the byelaws and notices stating when the byelaws come into force and how people can access printed copies. Subsection 144C(3) specifies that a printed copy of the byelaws endorsed with a certificate must be produced and signed by an officer of a LTA who made the byelaws, with further details of the requirements relating to this set out in inserted subsection 144C(4).
322.Subsection (1) of inserted new section 144D (Powers of authorised persons in relation to byelaws) sets out the powers of an “authorised person”, as defined in new subsection 144D(7). Inserted subsection 144D(1)(a) states that an authorised person can issue a fixed penalty notice to anyone that the authorised person has reason to believe has committed an offence under the byelaws under section 144A, or an offence under section 144D(3). Section 144D(1)(b) provides that, should an authorised person suspect someone has committed or attempted to commit an offence under the byelaws under section 144A, the authorised person can either request the name and address of the person ((1)(b)(i)), and/or ask the person to leave the vehicle or premises where the byelaws apply ((1)(b)(ii)).
323.Inserted subsection 144D(2) an authorised person can use reasonable force to remove a person they believe has committed an offence or suspect has committed or attempted to commit an offence from the vehicle or premises should the person fail to do so when asked. By failing to leave the vehicle or premises when asked, the person is deemed to have committed an offence under inserted section 144D(3) and is liable to pay a fine, the value of which should not exceed level 3 on the standard scale.
324.Inserted subsection 144D(4) states that the Secretary of State may issue guidance about how the functions under section 144D and section 144E should be carried out, and provides that LTAs in England and authorised persons must pay due regard to the guidance when carrying out their functions. Subsection 144D(5) provides the Secretary of State with the power to vary or revoke the guidance, and 144D(6) requires that any guidance or variation or revocation of the guidance should be published by the Secretary of State.
325.Inserted subsection 144D(7) provides a definition of an “authorised person"
326.Inserted section 144E (Fixed penalty notices) sets out the detail of the fixed penalty scheme provided for in inserted section 144D(1). Subsection 144E(1) explains what a fixed penalty notice is. Subsection 144E(2) sets out the effect of a fixed penalty notice. Subsection 144E(3) details the information that must be included in a fixed penalty notice. Subsection 144E(4) ensures that the requirement in subsection 144E(3)(a), to include reasonably detailed particulars of the circumstances alleged to constitute the offence, is read subject to data protection legislation. Subsection 144E(5) states that a fixed penalty must not exceed £100, and subsection 144E(6) states that two amounts may be specified on a fixed penalty notice, with the lower amount being applicable if payment is made within a specified period of less than 14 days. Further details about payment methods are detailed in subsections 144E(7) and (8). Subsection 144E(9) deals with evidence of fixed penalty notices in proceedings, and subsection 144E(10) sets out definitions relevant to sections 144E(4) and (9).
327.Section (2) of clause 21 is a transitional provision and states that subsection (3) of section 235 of the Local Government Act 1972 does not prevent byelaws which could also be made under section 144A of the Transport Act 2000 from being made under section 235 if an application to the Secretary of State under regulation 6 of the Byelaws (Alternative Procedure) (England) Regulations 2016 (S.I. 2016/165) was made prior to section 21(2) of the Bill coming into force.
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328.This clause allows TfL to make byelaws in relation to local bus services in London. It also provides for those byelaws, and TfL's existing road transport premises byelaws, to be enforced by authorised persons, including by means of fixed penalty notices. This is achieved by inserting a new chapter into the Greater London Authority Act 1999.
329.New section 244A of the Greater London Authority Act 1999 sets out TfL's power to make byelaws for London local services.
330.Subsection (1) of inserted new section 244A sets out that TfL may make byelaws regulating maintenance of order on London local services, conduct of persons on those services and travel on services.
331.Subsection 244A(2) sets out matters the byelaws may cover in more detail. These include ticketing, fare evasion, interference with or obstruction of London local services, vaping by persons on those services, and general prevention of nuisance.
332.Subsection 244A(3) allows byelaws to provide that it is an offence to contravene the byelaws and sets out the maximum penalty for that offence namely a fine not exceeding level 3 on the standard scale, or a lower level or amount as specified in the byelaws.
333.New section 244B of the Greater London Authority Act 1999 sets out the powers of authorised persons in relation to byelaws made under section 244A. It also allows authorised persons to issue fixed penalty notices in relation to TfL's road transport premises byelaws, made under section 25 of the London Transport Act 1969.
334.Subsection 244B(1) sets out that an authorised person may issue a fixed penalty notice to anyone they reasonably believe has committed an offence under byelaws made under new section 244A, TfL's road transport premises byelaws, or section 244B(3). It also sets out that an authorised person may require anyone they suspect of committing or attempting to commit an offence under byelaws made under section 244A to provide their name and address and/or to leave the vehicle to which the byelaws apply.
335.Subsection 244B(2) provides that an authorised person may use reasonable force to remove those who fail to comply with the requirement to leave a vehicle to which the byelaws apply.
336.Subsection 244B(3) states that those who do not comply with requirements to provide their name and address or leave a vehicle which is subject to the byelaws, commit an offence, with a maximum penalty of a fine not exceeding level 3 on the standard scale if convicted.
337.Subsection 244B(4) provides that the Secretary of State may issue guidance on the exercise of functions under section 244B, which Transport for London and authorised persons must have regard to.
338.Subsection 244B(5) states that the Secretary of State may vary or revoke the guidance issued under subsection (4).
339.Subsection 244B(6) states that the Secretary of State must publish the guidance issued under subsection (4), as well as any variation or revocation of the guidance.
340.Subsection (7) sets out definitions for the purposes of section 244B.
341.New section 244C of the Greater London Authority Act 1999 sets out the detail of the fixed penalty notice scheme provided for in inserted section 244B(1).
342.Subsection 244C(1) explains what a fixed penalty notice is and subsection 244C(2) sets out a fixed penalty notice's effect.
343.Subsection 244C(3) details the information that must be included in a fixed penalty notice. Subsection 244C(4) ensures that the requirement in subsection 244C(3)(a), to include particulars of the circumstances alleged to constitute the offence, is read subject to data protection legislation.
344.Subsection 244C(5) states that a fixed penalty must not exceed £100, and subsection 244C(6) states that fixed penalty notices may specify two amounts, with the lower amount being applicable if payment is made within a specified period of less than 14 days. Further details about payment methods are detailed in subsections 244C(7) and (8).
345.Subsection 244C(9) deals with evidence of fixed penalty notices in proceedings, and subsection 244C(10) sets out relevant definitions.
Chapter 8A
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Safety and accessibility of stopping places
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346.Subsection (1) provides the Secretary of State with the power to issue statutory guidance about stopping places and facilities in the vicinity of such stopping places to improve the safety of people using such facilities, to help disabled people to complete journeys and enable them to travel independently, and in safety and reasonable comfort on local services.
347.Subsection (2) sets out that this guidance may include guidance about (a) the location, design, construction and maintenance of stopping places and facilities in the vicinity of them and (b) how people who are obliged to consider the guidance should engage with other people, such as partner authorities, in fulfilling that duty.
348.Subsection (3) gives the Secretary of State the power to vary or revoke guidance made under this section and subsection (4) requires the Secretary of State to publish the guidance or any variation or revocation of it.
349.Subsection (5) requires the Secretary of State to consult with the Disabled Persons Transport Advisory Committee (DPTAC) when publishing, substantially changing, or revoking the guidance under this section.
350.Subsection (6) sets out that LTAs in England, Transport for London, local traffic authorities in relation to stopping place on roads in England and strategic highways companies in relation to stopping places on highways in England must have regard to any guidance published under this section.
351.Subsection (7) sets out the definitions of “facilities”, “local service” and "stopping place".
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Source Bill 229 EN 2024-25
352.Clause 31 requires the Secretary of State to give guidance to certain authorities about the provision and design of floating bus stops, as set out in subsection (1).
353.Subsection (2) outlines the factors to consider and the consultation required when deciding whether to build or remove a floating bus stop. It also sets out the situations in which different types of floating bus stops may be appropriate, as well as other relevant considerations for their design. Subsection (3) sets out that the Secretary of State may vary or revoke guidance under this section, and subsection (4) states that guidance given under this section, and any variation or revocation of the guidance, must be published.
354.Per subsection (5), the first guidance must be published three months after the Bill receives Royal Assent.
355.Subsection (6) sets out that the Secretary of State must consult the Disabled Persons Transport Advisory Committee, and any other persons they see as appropriate to consult, before varying or revoking guidance.
356.Subsection (7) sets out the authorities who must have regard for the guidance, namely English local transport authorities, Transport for London, local traffic authorities and local highway authorities in England, as well as strategic highways companies in England.
357.Subsection (8) provides definitions including defining a floating bus stop as an area in the immediate vicinity of a stop for local services which is designed to incorporate a cycle track as well as for use by those accessing the stopping place.
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Source Bill 229 EN 2024-25
358.Clause 32 introduces a mechanism through which the Secretary of State for Transport can ensure that relevant authorities are complying with their duties to give regard to the guidance about safety and accessibility of stopping places (clause 30) and about floating bus stops (clause 31).
359.Subsection (1) requires authorities to provide information on request to the Secretary of State in relation to compliance with duties under clauses 30(6) and 31(7) and in relation to stopping places. The Secretary of State might, for example, require the total number of stopping places within the authority's area of a specified description, such as those with a cycle track running between the stopping place and the carriageway, or the total number of stopping places which had such an arrangement removed during the preceding year.
360.Subsection (2) allows the Secretary of State to specify the form in which, and the period within which the requested information is to be provided.
361.Subsection (3) allows the Secretary of State to publish any information provided and, if it appears that the authority did not have regard to the guidance, a statement to that effect.
362.Subsection (4) defines "local service" and "stopping place", as used in this section.
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Safeguarding for school services
Source Bill 229 EN 2024-25
363.This clause inserts new Part 2A: “Safeguarding duty: drivers of school services” after Part 2 of the Public Passenger Vehicles Act 1981. New Part 2A mandates operators to check the enhanced criminal record certificate, which includes information on whether the individual is barred from undertaking regulated activity relating to children, or up-date information in relation to that enhanced criminal record certificate, of their drivers every three years before permitting such drivers to drive a public service vehicle on a closed school service.
364.Subsection (1) of section 29A of inserted Part 2A sets out that an operator of a public service vehicle may not permit another person to drive the vehicle for a school service unless the operator has, satisfied conditions 1 or 2 as set out in subsections (2) and (3).
365.Subsection (2) of section 29A details condition 1 that (a) an operator has checked the drivers enhanced criminal record certificate issued within the past three years and that (b) it does not state that they are barred from regulated activity relating to children.
366.Subsection (3) details condition 2 as (a) the operator has within the last three years checked (i) their drivers enhanced criminal record certificate and (ii) the update information and that (b) it does not show the driver is barred from regulate activity relating to children and (c) that the update information does not advise a new check is needed.
367.Subsection (4) of section 29A defines "enhanced criminal record certificate” and “relevant enhanced criminal record certificate".
368.Subsection (1) of section 29B of inserted Part 2A sets out how a reference to regulated activity relating to children is to be construed.
369.Subsection (2) of section 29B sets out when person is classified as driving a public service vehicle for a school service for the purpose of Part 2A.
370.Subsection (3) of section 29B sets what the wording "primary education", "secondary education", "further education" and "children" mean for the purpose of Part 2A.
Part 2A
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Training of staff
Source Bill 229 EN 2024-25
371.This clause sets out how the Transport Act 2000 will be amended to insert a new section 144F for the provision of training about crime and anti-social behaviour.
372.Subsection (1) of this clause is self-explanatory.
373.Subsection (2) inserts a new section 144F(1) of the Transport Act 2000, which sets out the requirement that the holder of the PSV operator's licence is responsible for training for any person who drives a public service vehicle used under this licence for a local service and persons who deal directly with passengers on such services or issues related to such passengers.
374.Subsection (2) of section 144F details that the person needs to have completed the training in the last five years to enable them to identify, respond appropriately to and, where safe to do so, prevent criminal offences that cause a victim or potential victim to fear for their personal safety, and anti-social behaviour (ASB).
375.Subsection (3) of section 144F gives powers to the Secretary of State to make regulations requiring the holders of PSV operators' licences to record compliance, publish information relating to their compliance, and provide the Secretary of State with information regarding their compliance as required.
376.Subsection (4) of section 144F ensures that regulations made under section 144F are read subject to data protection legislation and do not contravene it, where such regulations involve the processing of personal data.
377.Subsection (5) of section 144F 3(d) specifies the definitions of relevant data protection terms.
378.Under subsection (6) of section 144F, the Secretary of State may issue guidance about compliance with this section and any regulations made under it. Under subsection (7), the Secretary of State may vary or revoke guidance issued under subsection (6). Subsection (8) states that the Secretary of State must publish guidance issued under subsection (6) and any variation or revocation of it.
379.Subsection (3) of this clause inserts a new subsection (1ZDA) into section 155 of the Transport Act 2000, enabling traffic commissioners to issue certain sanctions if the holder of a PSV operator's licence does not comply requirements under section 144F or regulations made under it.
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380.This clause amends Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004, regarding carriers' and terminal management bodies' duty to train their staff in relation to disability.
381.Subsection (1) is self-explanatory.
382.Subsection (2) amends Article 2 so that in respect of a "local service," personnel, other than drivers, who provide direct assistance to passengers are captured by the requirement in Article 16 to do disability awareness and disability assistance training. Subsection (3) inserts the definition of a "local service" into Article 3.
383.Subsection (4) amends Article 16 so that in respect of a local service, personnel, including drivers, who deal with the travelling public are required to do disability assistance training (they are already required to do disability awareness training). Subsection (4) also inserts a requirement for carriers and terminal managing bodies to ensure that the disability training requirements introduced by subsections (2) and (4) (which are only in respect of a local service) have been completed within the past five years.
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384.This clause sets out amendments relating to compliance with, and enforcement, of the requirements introduced by the previous clause.
385.Subsection (1) gives powers to the Secretary of State, in respect of the disability training requirements being applied to local services as introduced by the previous clause, to make regulations requiring carriers and terminal managing bodies to record compliance, publish information relating to their compliance, and provide the Secretary of State with information regarding their compliance as required.
386.Subsection (2) ensures that regulations made under this section are read subject to data protection legislation and do not contravene it, where such regulations involve the processing of personal data.
387.Subsection (3) ensures that regulations under this section may include consequential, supplementary, incidental, transitional or savings provisions and may include different provisions for different purposes.
388.Subsection (4) requires regulations under this section to be made by statutory instrument and provides information about the required parliamentary procedure.
389.Subsection (5) allows the Secretary of State to issue guidance on compliance of the requirements in relation to the disability training requirements, and regulations made under this section. Subsection (6) allows the Secretary of State to vary or revoke guidance issued under subsection (5). Subsection (7) states that the Secretary of State must publish guidance under subsection (5) and any variation or revocation of the guidance. Subsection (8) specifies the definitions of relevant data protection terms.
390.Subsection (9) inserts a new regulation 10A after regulation 10 of the Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013 to provide traffic commissioners with a method of enforcing against a carrier or terminal managing body who has not ensured that the training is completed or complied with record-keeping, data publication or provision of information requirements. Subsection (1) of new regulation 10A outlines that it is the duty of the traffic commissioner to exercise available powers to remedy or avoid any contravention of a requirement of paragraph 1A of Article 16 of Regulation 181/2011, or a requirement of regulations made under this clause.
391.Subsection (2) of new regulation 10A outlines that if a traffic commissioner is satisfied that a carrier or terminal managing body has contravened the requirement at subsection (1), they may impose a penalty on the carrier or terminal managing body.
392.Subsection (3) of new regulation 10A provides that certain subparagraphs of regulation 10 are to apply in relation to the imposition of a penalty under regulation 10A as they do to the imposition of an equivalent penalty imposed under regulation 10.
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Zero-emission vehicles
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393.This clause inserts a new section 151A into the Transport Act 2000 to prevent the use of new, non-zero emission buses on local bus services that have one or more stopping places in England, including Greater London.
394.Subsection (1) is self-explanatory and subsection (2) inserts new section 151A into the Transport Act 2000.
395.Subsection (1) of section 151A sets out that services within scope of subsection (2) may not use a vehicle that falls within scope of subsection (3) on English local bus services.
396.Under subsection (2) of section 151A, such local services include those which are registered under section 6 of the Transport Act 1985, franchised services and those within Greater London under the definition of section 179 of the Greater London Authority Act 1999.
397.Under subsection (3) of section 151A, bus operators may not use a vehicle that is constructed to carry both seated and standing passengers, has seats for more than 22 passengers, is registered under the Vehicle Excise and Registration Act 1994 on or after a date specified in regulations made by the Secretary of State, and has tailpipe emissions (of carbon dioxide, carbon monoxide, hydrocarbon, nitrogen oxide or particulates).
398.Subsection (4) of new section 151A makes provision regarding regulations that can be made by the Secretary of State.
399.Subsection (5) of new section 151A provides that the date that may be specified in regulations in respect of registration under the Vehicle Excise and Registration Act 1994 may not be before 1 January 2030.
400.Subsection (3) of clause 37 inserts a new subsection (1ZDB) into section 155 of the Transport Act 2000, which provides that operators of a local bus service may be subject to sanctions if they contravene new section 151A(1). The applicable sanctions may be one or more orders made by the traffic commissioner under subsection (1A)(a) or (d) of section 155.
401.Subsection (4) of clause 37 provides that the order made by the Secretary of State relating to subsection (3)(b) of Section 151A will be made through the affirmative resolution procedure.
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Miscellaneous
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402.This clause requires the Secretary of State to assess the level of bus services provided to villages in England.
403.Subsection (1) states that this review must be conducted within 2 years of Royal Assent.
404.Subsection (2) sets out the criteria that must be assessed in this review, namely the change in level of service provision to villages since the passing of this Bill, the number of villages not served by buses, as well as the demography of villages in relation to bus service provision, and the impact of this Bill on the provision of services to villages.
405.Subsection (3) requires the Secretary of State to consult relevant stakeholders when conducting the review.
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406.This clause requires the Secretary of State to collaborate with key stakeholders to implement a Vision Zero programme for buses, aiming to eliminate serious injuries during bus operations and improve overall safety within the sector.
Source Bill 229 EN 2024-25
407.This clause introduces two new requirements. Subsection (1) requires bus operators in franchise or Enhanced Partnership areas to record all data about assaults and violent behaviour on their buses and to share this data with Local Transport Authorities.
408.Subsection (2) requires Local Transport Authorities to consult with relevant trade unions in relation to issues of staff safety, arising from the data supplied by bus operators.
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General
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409.This clause sets out that the Secretary of State may make by regulations provision that is consequential to this Bill.
410.Subsection (2) sets out that the regulations made under this clause may amend, repeal or revoke provisions made by or under an Act passed before this Bill or later in the same parliamentary session.
411.Subsection (3) makes further provision about what may be included in regulations made under this clause.
412.Subsection (4) states that regulations can only be made under this clause by statutory instrument and subsections (5) and (6) set out the applicable Parliamentary procedures.
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413.This clause sets out the territorial extent.
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414.This clause sets out the commencement details of the Bill and enables transitional or saving provision to be made in connection with commencement.
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415.This clause sets out the Bill (when enacted) may be cited as the Bus Services (No. 2) Act 2025
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416.Paragraph 1 of Schedule 9A provides that Part 1 of the Schedule (Adding to scheme area) applies where a franchising authority or authorities vary the area specified under section 123H(2)(a) of the Transport Act 2000 to add a new area or areas to the scheme area (“adds to the scheme area" is defined in inserted section 123MA(4)). Part 1 of Schedule 9A sets out the following broad requirements in relation to variations to which it applies
417.As set out in paragraph 8 of Schedule 9A, Part 2 of the Schedule (Reducing scheme area) applies where a franchising authority or authorities vary the area specified under section 123H(2)(a), but the variation does not add to the scheme area ("adds to the scheme area" is defined in inserted section 123MA(4)). Part 2 requires the franchising authority/authorities to comply with consultation requirements (set out in paragraph 9 and 10) and to publish a response to the consultation (paragraph 11).
418.As set out in paragraph 12 of Schedule 9A, Part 3 of the Schedule (Other variations) applies where the variation does not include a variation of the area specified under section 123H(2)(a) but does include one or more of the following:
419.Before varying a franchising scheme, Part 3 of Schedule 9A requires the franchising authority or authorities to undertake a consultation in accordance with paragraph 13 and publish a response to the consultation in line with paragraph 14.
Procedure for varying franchising scheme
Procedure for varying Franchising scheme
Part 1
Adding to scheme area
Application
Assessment
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Notice of assessment
Report on assessment
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Consultation
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Consultation document
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Response to consultation
Part 2
Reducing scheme area
Application
Consultation
Page 49
Consultation document
Page 50
Response to consultation
Part 3
Other variations
Application
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Consultation
Page 52
Response to consultation
No amendments available.