Bus Services Act 2025

A bill to make provision about local and school bus services; and for connected purposes.

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27 Oct 2025
Act of Parliament
Bus Services Act 2025 (c. 24)
11 Sep 2025
Ping: Pong
HL Bill 132 Commons Amendments
(0 amendments)
Date Debate
Monday 13th October 2025 Consideration of Commons amendments and / or reasons
3 Jul 2025
Commons: Report
Bill 273 2024-25 (as amended in Public Bill Committee)
No digital version of this Bill was published by Parliament
Date Debate
Wednesday 10th September 2025 Report stage
30 Apr 2025
Commons: Committee
Bill 229 2024-25 (as brought from the House of Lords)
(142 amendments)
Date Debate
Tuesday 1st July 2025 Committee stage: 5th sitting
Tuesday 1st July 2025 Committee stage: 4th sitting
Thursday 26th June 2025 Committee stage:Commitee Debate: 3rd sitting
Thursday 26th June 2025 Committee stage:Commitee Debate: 2nd sitting
Tuesday 24th June 2025 Committee stage: 1st sitting
2 Apr 2025
Lords: Third
HL Bill 92 (as amended on Report)
(0 amendments)
Date Debate
Tuesday 29th April 2025 3rd reading
13 Feb 2025
Lords: Report
HL Bill 72 (as amended in Grand Committee)
No digital version of this Bill was published by Parliament
Date Debate
Wednesday 26th March 2025 Report stage
17 Dec 2024
Lords: Committee
HL Bill 54 (as introduced)
(95 amendments)
Date Debate
Tuesday 11th February 2025 Committee stage
Tuesday 28th January 2025 Committee stage

Relevant Documents

Bill PDF
HL Bill 54 (as introduced)
Latest Amendments
HL Bill 54-III Third marshalled list for Grand Committee
Explanatory Note
HL Bill 54 Explanatory Notes
Impact Assessment
Impact Assessment from the Department for Transport

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3 New Clauses Proposed

Page 1

Franchising schemes: general

 
"Availability of franchising schemes"

Source HL Bill 54 Explanatory Notes

115 This clause amends the Transport Act 2000 in relation to the availability of franchising schemes.

116 Subsection (1) is self-explanatory.

117 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.

118 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.

119 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).

120 Subsection (5) is self-explanatory.
1
Availability of franchising schemes
 
 
(1)
The Transport Act 2000 is amended as follows.
 
 
(2)
In section 123A (franchising schemes), for subsection (4) substitute—
 
 
“(4)
In this Part “franchising authority” means a local transport authority
5
 
whose area is in England.”
 
 
(3)
In section 123C (Secretary of State consent to franchising and notice
 
 
requirements)—
 
 
(a)
omit subsections (1) to (3) ;
 
 
(b)
in subsection (4) , for “the authority” substitute “a franchising
10
 
authority”;
 
 
(c)
for the heading substitute “Notice of assessment”.
 
 
(4)
In section 143A (power of franchising authorities to obtain information) omit
 
 
subsection (5) .
 
 
(5)
In section 160 (2) and (2A) (regulations and orders) omit “123A(4),”.
15
"Specification of areas"

Source HL Bill 54 Explanatory Notes

121 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.
2
Specification of areas
 
 
In section 123H of the Transport Act 2000 (making and publication of scheme),
 
 
after subsection (2) insert—
 
 
“(2A)
Where a scheme specifies more than one area under subsection (2)(a),
 
 
the areas specified need not be contiguous.”
20

Page 2

"Specification of services"

Source HL Bill 54 Explanatory Notes

122 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).

123 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.

124 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.

125 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."

126 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).

127 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.

128 The remaining subsections in the clause (subsections (2)-(5)) are transitional provisions.

129 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.

130 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.
3
Specification of services
 
 
(1)
In section 123H of the Transport Act 2000 (making and publication of scheme),
 
 
after subsection (2A) (inserted by section 2 of this Act) insert—
 
 
“(2B)
Local services may be specified for the purposes of subsection (2)(b)—
 
 
(a)
by reference to the routes or places intended to be served,
5
 
(b)
by describing the intended services in general terms,
 
 
(c)
by any combination of the ways specified in paragraphs (a)
 
 
and (b) of this subsection, or
 
 
(d)
in such other way as the authority or authorities think fit so
 
 
as to enable the intended services to be identified.”
10
 
(2)
Subsection (3) applies where, before this section comes into force—
 
 
(a)
a franchising authority or authorities has published a consultation
 
 
document under section 123E (2) of the Transport Act 2000 relating to
 
 
a proposed franchising scheme, but
 
 
(b)
the scheme has not been made in pursuance of the consultation
15
 
document.
 
 
(3)
Where this subsection applies the franchising authority or authorities may,
 
 
when making the scheme in pursuance of the consultation document, specify
 
 
local services in any way mentioned in section 123H (2B) of the Transport Act
 
 
2000 (inserted by subsection (1) of this section), whether or not the services
20
 
so specified were included in the description contained in the consultation
 
 
document as required by section 123F (1) (c) of that Act .
 
 
(4)
Part 3 of Schedule 9A to the Transport Act 2000 (inserted by the Schedule to
 
 
this Act) does not apply in relation to a variation of an existing franchising
 
 
scheme if—
25
 
(a)
the only variation is of the local services specified under section
 
 
123H (2) (b) of that Act in relation to the scheme, and
 
 
(b)
the variation is to have effect before the end of the period of 2 years
 
 
beginning with the day on which this section comes into force.
 
 
(5)
An “existing franchising scheme” is a franchising scheme made before this
30
 
section comes into force.
 
"Minimum period before provision of services"

Source HL Bill 54 Explanatory Notes

131 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.

132 Subsections (2) and (3) make transitional provision in relation to subsection (1).

133 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.

134 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.
4
Minimum period before provision of services
 
 
(1)
In section 123H of the Transport Act 2000 (making and publication of scheme)
 
 
omit subsection (4) .
 
 
(2)
Subsection (3) applies where, before this section comes into force—
35
 
(a)
a franchising authority or authorities has published a consultation
 
 
document under section 123E (2) of the Transport Act 2000 relating to
 
 
a proposed franchising scheme or a variation of such a scheme, but
 
 
(b)
the scheme has not been made or varied in pursuance of the
 
 
consultation document.
40
 
(3)
Where this subsection applies the franchising authority or authorities may,
 
 
when making or varying the scheme in pursuance of the consultation
 

Page 3

 
document, specify a minimum period under section 123H (2) (d) or (3) (c) which
 
 
is less than six months.
 
"References to local services"

Source HL Bill 54 Explanatory Notes

135 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.
5
References to local services
 
 
(1)
The Transport Act 2000 is amended as follows.
 
 
(2)
In section 123E (4) (a) (consultation) , after “local services” insert “which have
5
 
one or more stopping places”.
 
 
(3)
In section 123N (2) (a) (revocation), after “local services” insert “which have
 
 
one or more stopping places”.
 
 
(4)
In section 123Q (5) (a) (application for service permit), after “local services”
 
 
insert “which have one or more stopping places”.
10
 
(5)
In section 123R (5) (a) (conditions), after “local services” insert “which have
 
 
one or more stopping places”.
 

Franchising schemes: non-franchised services

 
"Criteria for granting service permits"

Source HL Bill 54 Explanatory Notes

136 Subsections (1), (2), (3) and (4) of this clause amend section 123Q of the Transport Act 2000 (application for service permit).

137 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 \

6
Criteria for granting service permits
 
 
(1)
Section 123Q of the Transport Act 2000 (application for service permit) is
15
 
amended in accordance with subsections (2) to (4) .
 
 
(2)
After subsection (5) insert—
 
 
“(5A)
If the application is for a service permit for a cross-boundary service,
 
 
the authority or authorities may grant the permit applied for if they
 
 
are satisfied that—
20
 
(a)
the benefits to persons making journeys on the proposed service
 
 
will outweigh any adverse effect on any local service that is
 
 
provided under a local service contract in the area to which
 
 
the scheme relates, or
 
 
(b)
the benefits of the proposed service to the economy of the
25
 
relevant area, or to persons living in that area, will outweigh
 
 
any such adverse effect.
 
 
(5B)
If the application is for a service permit for a service that is not a
 
 
cross-boundary service, the authority or authorities may grant the
 
 
permit applied for if they are satisfied that the benefits of the proposed
30
 
service to the economy of the area to which the scheme relates, or to
 
 
persons living in that area, will outweigh any adverse effect on any
 
 
local service that is provided under a local service contract in that
 
 
area.”
 
 
(3)
In subsection (6) , for “if they are not satisfied as to the matters in subsection
35
 
(5)(a) and (b)” substitute “except under subsection (5), (5A) or (5B) ”.
 
 
(4)
After subsection (7) insert—
 
 
“(8)
In this section—
 

Page 4

 
“cross-boundary service” , in relation to a franchising scheme,
 
 
means a service that—
 
 
(a)
has one or more stopping places in the area to which
 
 
the scheme relates, but
 
 
(b)
begins or ends, or begins and ends, outside that area;
5
 
“relevant area” , in relation to a cross-boundary service, means
 
 
the combined area of each—
 
 
(a)
local transport authority,
 
 
(b)
council in Scotland, and
 
 
(c)
Transport Partnership created under the Transport
10
 
(Scotland) Act 2005 ,
 
 
in which the service has a stopping place.”
 
 
(5)
In section 123S (2) of that Act (revocation and suspension)—
 
 
(a)
in paragraph (a) , for “that a matter in section 123Q(5)(a) or (b)”
 
 
substitute “if the permit was granted under subsection (5) of section
15
 
123Q, that a matter in paragraph (a) or (b) of that subsection”;
 
 
(b)
after that paragraph insert—
 
 
“(aa)
if the permit was granted under subsection (5A) or (5B)
 
 
of that section, that the authority or authorities are no
 
 
longer satisfied as mentioned in the subsection in
20
 
question,”.
 
 
(6)
The amendments made by this section apply only in relation to applications
 
 
for a service permit made on or after the date on which this section comes
 
 
into force.
 
7
Registration of services provided under service permits
25
 
(1)
The Transport Act 2000 is amended as follows.
 
 
(2)
In section 123J (effect of local service contracts: registration and provision of
 
 
services), after subsection (4) insert—
 
 
“(4A)
Subsection (2) does not apply in relation to a local service which is
 
 
provided under a service permit.”
30
 
(3)
In section 123P (service permits), after subsection (2) insert—
 
 
“(3)
The authority or authorities must inform a traffic commissioner of the
 
 
grant of a service permit under this section.”
 
 
(4)
After section 123P insert—
 
“123PA
Registration exemption for services provided under service permits
35
 
(1)
The franchising authority operating a franchising scheme, or the
 
 
franchising authorities operating such a scheme acting jointly, may
 
 
grant an exemption from registration in respect of any local service
 
 
which is, or class of local services which are, provided under a service
 
 
permit in the area to which the scheme relates.
40

Page 5

 
(2)
Where such an exemption has effect, sections 6 to 9 of the Transport
 
 
Act 1985 (registration of local services) do not have effect in relation
 
 
to the service, or class of services, so far as operated in that area.
 
 
(3)
The franchising authority or authorities may vary or revoke an
 
 
exemption granted by them under this section.
5
 
(4)
Where an exemption is granted, varied or revoked under this section,
 
 
the franchising authority or authorities must—
 
 
(a)
publish, in such manner as they think fit, details of the grant,
 
 
variation or revocation of the exemption, and
 
 
(b)
before the end of the period of 14 days beginning with the day
10
 
on which the exemption is granted, varied or revoked, inform
 
 
a traffic commissioner of the grant, variation or revocation of
 
 
the exemption.”
 
 
(5)
In section 123S (revocation and suspension), after subsection (2) insert—
 
 
“(2A)
The franchising authority or authorities must inform a traffic
15
 
commissioner of the revocation or suspension of a service permit under
 
 
this section.”
 
 
(6)
In section 123V (1) (transitional provision about schemes), after paragraph (b)
 
 
insert—
 
 
“(ba)
the application of section 123PA in relation to services or classes
20
 
of services (registration exemption for services provided under
 
 
service permits),”.
 
8
Substitute road services
 
 
(1)
Section 123J of the Transport Act 2000 (effect of local service contracts:
 
 
registration requirements and provision of services) is amended as follows.
25
 
(2)
In subsection (5) —
 
 
(a)
omit the “or” at the end of paragraph (a) ;
 
 
(b)
at the end of paragraph (b) insert “, or
 
 
“(c)
a service falling within subsection (8).”
 
 
(3)
After subsection (7) insert—
30
 
“(8)
A service falls within this subsection if it is a local service provided
 
 
under an agreement entered into, where a service for the carriage of
 
 
passengers by railway or tramway has been temporarily interrupted—
 
 
(a)
under section 40 of the Railways Act 2005 (substitute road
 
 
services), or
35
 
(b)
with the person who usually provides the railway or tramway
 
 
service.”
 

Page 6

Franchising schemes: procedure

 
9
Report on assessment of proposed scheme
 
 
(1)
Section 123D of the Transport Act 2000 (audit) is amended in accordance with
 
 
subsections (2) to (8) .
 
 
(2)
For subsection (1) substitute—
5
 
“(1)
A franchising authority, or two or more franchising authorities acting
 
 
jointly, may not proceed with a proposed franchising scheme unless
 
 
they have obtained a report from an independent approved person
 
 
on the assessment of the proposed scheme (see section 123B).”
 
 
(3)
In subsection (2) —
10
 
(a)
omit “auditor’s”;
 
 
(b)
for “auditor” substitute “approved person”;
 
 
(c)
in paragraph (a), for “123B(3)(d) or (e)” substitute “123B(3)(d) and (e)”.
 
 
(4)
For subsection (3) substitute—
 
 
“(3)
The Secretary of State must issue guidance as to—
15
 
(a)
the time at which it is appropriate to appoint an approved
 
 
person to produce a report for the purposes of subsection (1)
 
 
, and
 
 
(b)
the matters to be taken into account by a franchising authority
 
 
when selecting such a person, including for the purposes of
20
 
determining whether a person is independent.”
 
 
(5)
In subsection (5) , for “auditor” substitute “approved person”.
 
 
(6)
In subsection (6) , for “Auditors” substitute “Approved persons”.
 
 
(7)
For subsections (7) and (8) substitute—
 
 
“(8)
In this section “approved person” means a person specified, or of a
25
 
description specified, in regulations made by the Secretary of State.”
 
 
(8)
For the heading substitute “Report on assessment of proposed scheme”.
 
 
(9)
In section 123E of that Act (consultation)—
 
 
(a)
in subsection (1) , for “an auditor’s” substitute “a”;
 
 
(b)
in subsection (2) (c) omit “auditor’s”.
30
 
(10)
The amendments made by this section do not apply in relation to an
 
 
appointment of a person as an auditor, in relation to a proposed franchising
 
 
scheme, before this section comes into force.
 
10
Variation of schemes
 
 
(1)
The Transport Act 2000 is amended as follows.
35
 
(2)
In section 123M (variation of scheme)—
 
 
(a)
in subsection (3) , after “date” insert “or dates”;
 

Page 7

 
(b)
omit subsection (4) ;
 
 
(c)
in subsection (7) , for “to (6)” substitute “to (6A) and Schedule 9A”;
 
 
(d)
omit subsections (8) and (9) .
 
 
(3)
After section 123M insert—
 
“123MA
Variation of scheme: supplementary
5
 
(1)
Subsections (2) to (10) of section 123H apply in relation to a franchising
 
 
scheme varied in accordance with section 123M as they apply in
 
 
relation to a franchising scheme made in accordance with subsection
 
 
(1) of section 123H, but subject to subsection (2) of this section.
 
 
(2)
Where the variation of the scheme adds to the scheme area the scheme
10
 
must specify, in addition to the information previously specified under
 
 
section 123H(2)(c) and (d), the date and minimum period to be
 
 
specified in relation to local service contracts relating to local services
 
 
to be provided in the additional area.
 
 
(3)
In Schedule 9A —
15
 
(a)
Parts 1 and 2 contain provision about the procedure to be
 
 
followed when varying the area specified under section
 
 
123H(2)(a) in relation to the scheme, and
 
 
(b)
Part 3 contains provision about the procedure to be followed
 
 
when making certain other variations of the scheme.
20
 
(4)
For the purposes of this section and Schedule 9A —
 
 
(a)
a variation of a franchising scheme “adds to the scheme area”
 
 
if it involves adding an area to the area specified under section
 
 
123H(2)(a) in relation to the scheme, and
 
 
(b)
“the additional area” is the area added.”
25
 
(4)
The Schedule inserts new Schedule 9A into the Transport Act 2000.
 
11
Direct award of contracts to incumbent operators
 
 
(1)
The Public Service Obligations in Transport Regulations 2023 (S.I. 2023/1369)
 
 
are amended as follows.
 
 
(2)
After regulation 16 insert—
30
 
“Direct award of bus contracts to incumbent operators
 
 
16A.
(1)
A franchising authority, or two or more franchising authorities
 
 
acting jointly, may make a direct award of a public service contract where—
 
 
(a)
the contract is a local service contract in relation to a franchising
 
 
scheme,
35
 
(b)
no local services provided in the area to which the contract relates
 
 
are provided under a local service contract, and
 
 
(c)
the award is made to a public service operator who, throughout the
 
 
period of three months ending with the day on which the contract is
 

Page 8

 
entered into, is providing local services which are the same as, or
 
 
substantially similar to, the local services to which the contract relates.
 
 
(2)
Where a franchising authority makes a direct award of a public service
 
 
contract under this regulation, it must, within six months of granting the
 
 
award, and while ensuring the protection of commercially sensitive information
5
 
and commercial interests, publish a notice on its website which—
 
 
(a)
sets out the information specified in paragraph (3) , or
 
 
(b)
where any of the information in paragraph (3) has already been
 
 
published (whether under regulation 23 or otherwise), provides details
 
 
of where that information can be accessed,
10
 
and, where the award is made by two or more franchising authorities acting
 
 
jointly, the notice must be published on each authority’s website.
 
 
(3)
The information referred to in paragraph (2) is—
 
 
(a)
the name of the public service operator, its ownership and, if relevant,
 
 
the name of the party or parties exercising legal control,
15
 
(b)
the duration of the public service contract,
 
 
(c)
a description of the passenger transport services to be performed,
 
 
(d)
a description of the parameters of the financial compensation,
 
 
(e)
information about any quality targets, such as punctuality and
 
 
reliability and any applicable rewards and penalties, and
20
 
(f)
information about any targets or requirements intended to protect
 
 
the environment or to ensure local services are accessible and
 
 
inclusive.
 
 
(4)
In this regulation, each of the following terms has the same meaning as
 
 
in Part 2 of the Transport Act 2000 —
25
 
“franchising authority” ;
 
 
“franchising scheme” ;
 
 
“local service” ;
 
 
“local service contract” .”
 
 
(3)
In regulation 9 (duration of public service contracts)—
30
 
(a)
in paragraph (1) (c) , after “under” insert “regulation 16A (direct award
 
 
of bus contracts to incumbent operators) or”;
 
 
(b)
in paragraph (4) , after “measures)” insert “, regulation 16A (direct
 
 
award of bus contracts to incumbent operators)”.
 
 
(4)
In regulation 22 (3) (b) (pre-award publication), at the end insert or “regulation
35
 
16A (direct award of bus contracts to incumbent operators)”.
 

Enhanced partnership plans and schemes

 
12
Socially necessary local services
 
 
(1)
The Transport Act 2000 is amended in accordance with subsections (2) and
 
 
(3) .
40

Page 9

 
(2)
In section 138A (enhanced partnership plans and schemes)—
 
 
(a)
in subsection (3) , after paragraph (b) insert—
 
 
“(ba)
lists which of those local services the authority or
 
 
authorities consider are socially necessary local
 
 
services,”;
5
 
(b)
after subsection (4) insert—
 
 
“(4A)
A review under subsection (4) is not to include a review of the
 
 
list of socially necessary local services required by subsection
 
 
(3) (ba) ; but the authority or authorities must keep that list
 
 
under review and amend it from time to time as appears to
10
 
them to be necessary.”;
 
 
(c)
after subsection (14) insert—
 
 
“(15)
In this section and section 138C “socially necessary local
 
 
service”, in relation to the area to which an enhanced
 
 
partnership plan relates, means a local service which—
15
 
(a)
enables passengers to access—
 
 
(i)
essential goods and services,
 
 
(ii)
economic opportunities (including employment),
 
 
or
 
 
(iii)
social activities, and
20
 
(b)
if cancelled, is likely to have a material adverse effect
 
 
on the ability of passengers to access those goods,
 
 
services, opportunities or activities.”
 
 
(3)
In section 138C (requirements in respect of local services), after subsection
 
 
(9) insert—
25
 
“(9A)
An enhanced partnership scheme must—
 
 
(a)
specify requirements that apply where the operator of a socially
 
 
necessary local service listed as required by section 138A(3) (ba)
 
 
proposes—
 
 
(i)
to cancel a registration under section 6 of the Transport
30
 
Act 1985 in relation to the service, or
 
 
(ii)
to vary the registration in such a way as is likely to
 
 
have a material adverse effect on the ability of
 
 
passengers to access the goods, services, opportunities
 
 
or activities mentioned in section 138A (15) (a) in relation
35
 
to the service;
 
 
(b)
require a local transport authority or authorities, having been
 
 
notified of a proposed cancellation or a proposed variation
 
 
which is likely to have such an effect, to consider whether any
 
 
alternative arrangements may be made so as to mitigate that
40
 
effect.”.
 
 
(4)
The local transport authority or authorities to whose area or combined area,
 
 
or part of it, an enhanced partnership relates on the day on which this section
 
 
comes into force (“the commencement day”) must, before the end of the period
 
 
of one year beginning with that day—
45

Page 10

 
(a)
vary the plan in accordance with subsection (3) of section 138K of the
 
 
Transport Act 2000 so that it identifies which of the services provided
 
 
in the area are socially necessary local services, and
 
 
(b)
vary, in accordance with that subsection , each enhanced partnership
 
 
scheme which, on the commencement day, relates to the whole or part
5
 
of the area to which the plan relates so that section 138C (9A) of that
 
 
Act is satisfied in relation to the scheme.
 
13
Objections by operators
 
 
(1)
The Transport Act 2000 is amended in accordance with subsections (2) to (6) .
 
 
(2)
In section 138F (preparation, notice and consultation)—
10
 
(a)
for subsection (2) (c) substitute—
 
 
“(c)
require any objections to be made before the end of the
 
 
period of 28 days beginning with the day on which the
 
 
notice is given (“the objection period”).”;
 
 
(b)
after subsection (4) insert—
15
 
“(4A)
A local transport authority or authorities may give notice of a
 
 
proposal under subsection (1)(d) before the end of the objection
 
 
period if every person to whom the notice under subsection
 
 
(1)(c) is required to be given has confirmed in writing that they
 
 
do not intend to object.”;
20
 
(c)
in subsection (5) , for “period for objections stated in the notice under
 
 
subsection (1)(c)” substitute “objection period”.
 
 
(3)
In section 138G (making of plans and schemes)—
 
 
(a)
for subsection (3) (c) substitute—
 
 
“(c)
require any objections to be made before the end of the
25
 
period of 28 days beginning with the day on which the
 
 
notice is given (“the objection period”).”;
 
 
(b)
after subsection (3) insert—
 
 
“(3A)
The authority or authorities may make the plan and scheme
 
 
with modifications before the end of the objection period if
30
 
every person to whom the notice under subsection (2) is
 
 
required to be given has confirmed in writing that they do not
 
 
intend to object.”;
 
 
(c)
in subsection (4) , for “period for objections stated in the notice under
 
 
subsection (2)” substitute “objection period”.
35
 
(4)
In section 138L (variation: preparation, notice and consultation)—
 
 
(a)
for subsection (2) (c) substitute—
 
 
“(c)
require any objections to be made before the end of the
 
 
period of 28 days beginning with the day on which the
 
 
notice is given (“the objection period”).”;
40

Page 11

 
(b)
after subsection (4) insert—
 
 
“(4A)
A local transport authority or authorities may give notice of a
 
 
proposal under subsection (1)(d) before the end of the objection
 
 
period if every person to whom the notice under subsection
 
 
(1)(c) is required to be given has confirmed in writing that they
5
 
do not intend to object.”;
 
 
(c)
in subsection (5) , for “period for objections given in the notice under
 
 
subsection (1)(c)” substitute “objection period”.
 
 
(5)
In section 138M (making a variation)—
 
 
(a)
for subsection (4) (d) substitute—
10
 
“(d)
require any objections by persons who are operators of
 
 
qualifying local services at the qualifying time to be
 
 
made before the end of the period of 28 days beginning
 
 
with the day on which the notice is given (“the objection
 
 
period”).”;
15
 
(b)
after subsection (4) insert—
 
 
“(4A)
The authority or authorities may vary the plan or scheme (with
 
 
or without modifications) before the end of the objection period
 
 
if every person to whom the notice under subsection (3) is
 
 
required to be given has confirmed in writing that they do not
20
 
intend to object.”;
 
 
(c)
omit subsection (8) (c) .
 
 
(6)
In section 138O (revocation)—
 
 
(a)
omit subsection (7) (a) ;
 
 
(b)
for subsection (7) (d) substitute—
25
 
“(d)
require any objections to the revocation by persons who
 
 
are operators of qualifying local services at the
 
 
qualifying time to be made before the end of the period
 
 
of 28 days beginning with the day on which the notice
 
 
is given (“the objection period”).”;
30
 
(c)
after subsection (7) insert—
 
 
“(7A)
The notice under subsection (6) may state the date on which
 
 
the plan or scheme is to be revoked.
 
 
(7B)
The authority or authorities may revoke the plan or scheme
 
 
before the end of the objection period if every person to whom
35
 
the notice under subsection (6) is required to be given has
 
 
confirmed in writing that they do not intend to object.”;
 
 
(d)
omit subsection (11) (c) .
 
 
(7)
In the Enhanced Partnership Plans and Schemes (Objections) Regulations 2018
 
 
(S.I. 2018/404) omit regulations 7 (2) and 8 (2) .
40

Page 12

14
Advance notice of requirement to provide information
 
 
In section 143B of the Transport Act 2000 (power to obtain information about
 
 
local services), after subsection (4) insert—
 
 
“(4A)
A local transport authority or authorities may not require an operator
 
 
to supply information under this section unless, at least 14 days before
5
 
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
10
 
have regard to any representations made by the operator in response
 
 
to the notice under subsection (4A) .”
 

Local government functions

 
15
Local government bus companies
 
 
(1)
In the Bus Services Act 2017 omit section 22 (restriction on formation of bus
15
 
companies by local government in England).
 
 
(2)
A director of a local government bus company who is—
 
 
(a)
paid for acting in that capacity, or
 
 
(b)
an employee of the company or a subsidiary of the company,
 
 
is disqualified for being elected or being a member of a relevant authority if
20
 
the company is under the control of the authority.
 
 
(3)
For the purposes of subsection (2) , a company is under the control of a relevant
 
 
authority if—
 
 
(a)
the company is a subsidiary of the authority, or
 
 
(b)
the authority is one of two or more relevant authorities that are
25
 
members of the company and the company would be a subsidiary of
 
 
those authorities if they were a single body corporate.
 
 
(4)
Subsections (1) to (3) apply in relation to a director of a subsidiary of a local
 
 
government bus company as they apply in relation to a director of such a
 
 
company.
30
 
(5)
In subsections (2) to (4) —
 
 
“local government bus company” means a company formed by a relevant
 
 
authority or authorities for the purpose of providing a local service;
 
 
“local service” has the same meaning as in the Transport Act 1985 (see
 
 
section 2 of that Act);
35
 
“relevant authority” means—
 
 
(a)
a county council in England,
 
 
(b)
a district council in England,
 
 
(c)
a combined authority established under section 103 of the Local
 
 
Democracy, Economic Development and Construction Act 2009 ,
40

Page 13

 
(d)
a combined county authority established under section 9 (1) of
 
 
the Levelling-up and Regeneration Act 2023 , or
 
 
(e)
an Integrated Transport Authority for an integrated transport
 
 
area in England;
 
 
“subsidiary” has the same meaning as in the Companies Act 2006 (see
5
 
section 1159 of that Act).
 
 
(6)
In the Transport Act 1985 —
 
 
(a)
in section 66 (exclusion of powers of district councils to run bus
 
 
undertakings)—
 
 
(i)
in subsection (1) , for “subsection” substitute “subsections (1A)
10
 
and”;
 
 
(ii)
after that subsection insert—
 
 
“(1A)
Subsection (1) does not prevent a non-metropolitan
 
 
district council in England from forming a company for
 
 
the purpose of providing a local service.”
15
 
(b)
in section 73 (5) (activities of public transport companies), at the end
 
 
insert—
 
 
“(c)
in relation to the provision of local services by a public
 
 
transport company or any other activity of the company
 
 
relating to such services.”
20
 
(7)
In section 123O (3) of the Transport Act 2000 omit the words from “apart” to
 
 
the end.
 
 
(8)
In Schedule 4 to the Levelling-up and Regeneration Act 2023 omit paragraph
 
 
212.
 
16
Grants
25
 
In the Transport Act 2000 , after section 154 insert—
 
“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.
30
 
(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
35
 
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
40
 
function under subsection (1) is a function of the combined authority
 

Page 14

 
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
5
 
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—
10
 
(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
15
 
(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—
20
 
(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.”
25

Information about local services

 
17
Information provided on registration of local services
 
 
(1)
The Transport Act 1985 is amended as follows.
 
 
(2)
In section 6 (registration of local services)—
 
 
(a)
in subsection (9) —
30
 
(i)
for paragraph (e) substitute—
 
 
“(da)
in the case of regulations made by the Secretary
 
 
of State, for the prescribed particulars in respect
 
 
of a service to be given to such persons as may
 
 
be prescribed;
35
 
(e)
in the case of regulations made by the Secretary
 
 
of State, for an application for registration, or
 
 
for the variation or cancellation of a registration,
 
 
not to be accepted by a traffic commissioner
 
 
unless—
40

Page 15

 
(i)
the applicant gives, to such persons as
 
 
may be prescribed, such information as
 
 
a traffic commissioner may reasonably
 
 
require in connection with the
 
 
application, or
5
 
(ii)
the applicant is subject to requirements
 
 
imposed by regulations made by virtue
 
 
of section 141A (1) (a) of the Transport Act
 
 
2000 and complies with those
 
 
requirements ;
10
 
(ea)
in the case of regulations made by the Welsh
 
 
Ministers, for an application for registration, or
 
 
for the variation or cancellation of a registration,
 
 
not to be accepted by a traffic commissioner
 
 
unless the applicant gives to a traffic
15
 
commissioner such information as a traffic
 
 
commissioner may reasonably require in
 
 
connection with the application.”;
 
 
(ii)
in paragraph (j) , for “to a traffic commissioner” substitute “—
 
 
“(i)
in the case of regulations made by the Secretary
20
 
of State, to such persons as may be prescribed;
 
 
(ii)
in the case of regulations made by the Welsh
 
 
Ministers, to a traffic commissioner”;
 
 
(iii)
after paragraph (ka) insert—
 
 
“(kb)
in the case of regulations made by the Secretary
25
 
of State, for making provision as to the use and
 
 
disclosure of information given or records made
 
 
available under this section;”;
 
 
(b)
after subsection (11) insert—
 
 
“(12)
Regulations made by the Secretary of State under this section
30
 
may make provision about the manner and form in which
 
 
information is to be provided (including, in particular, provision
 
 
requiring it to be provided electronically).”
 
 
(3)
In section 6I (records of registration etc)—
 
 
(a)
in subsection (4) , for “a traffic commissioner” substitute “such persons
35
 
as may be prescribed”;
 
 
(b)
in subsection (7), for paragraph (b) substitute—
 
 
“(b)
as to the particulars to be supplied under subsection
 
 
(4);
 
 
(c)
about the manner and form in which the particulars
40
 
are to be supplied under that subsection (including, in
 
 
particular, provision requiring them to be supplied
 
 
electronically);
 
 
(d)
as to the use and disclosure of records kept and
 
 
particulars supplied under this section.”
45

Page 16

18
Information about local services
 
 
(1)
Section 141A of the Transport Act 2000 (power to require information about
 
 
English bus services) is amended as follows.
 
 
(2)
In subsection (2) —
 
 
(a)
at the end of paragraph (a) omit “or”;
5
 
(b)
at the end of paragraph (b) insert “, or
 
 
“(c)
in order to monitor the provision of relevant local
 
 
services and to facilitate the exercise of functions by the
 
 
Secretary of State.”
 
 
(3)
In subsection (3) —
10
 
(a)
in paragraph (a) , for “and tickets” substitute “, tickets and passenger
 
 
numbers”;
 
 
(b)
at the end of paragraph (b) omit “and”;
 
 
(c)
after paragraph (c) insert—
 
 
“(d)
information about operators of the services;
15
 
(e)
information about the vehicles used to provide the
 
 
services, including information about their features and
 
 
equipment, the way in which they are to be used in
 
 
relation to particular routes, the distance travelled by
 
 
them and the number of journeys made by them;
20
 
(f)
a statement, in relation to a relevant local service, as to
 
 
whether the service consists of excursions or tours.”
 
 
(4)
In subsection (4) —
 
 
(a)
at the end of paragraph (a) , omit “and”;
 
 
(b)
at the end of paragraph (b) , insert “, and
25
 
“(c)
information about the costs of operating the services
 
 
and the number of staff engaged in operating the
 
 
services.”
 
 
(5)
In subsection (8) , for paragraph (b) substitute—
 
 
“(b)
provision for the information to be provided to a traffic
30
 
commissioner.”
 
19
Information obtained under
 
 
In the Statistics of Trade Act 1947 , after section 9A insert—
 
“9B
Exception for publication of information about local bus services
 
 
(1)
Nothing in section 9 prevents or penalises the publication by the
35
 
Secretary of State of information about relevant local services obtained
 
 
under section 1 of this Act during the qualifying period from—
 
 
(a)
a person who, when the information was obtained, held a PSV
 
 
operator’s licence, or
 
 
(b)
another person acting on behalf of such a person.
40

Page 17

 
(2)
For the purposes of this section, information about relevant local
 
 
services includes (but is not limited to) information about—
 
 
(a)
the vehicles used to provide the services, including information
 
 
about their features and equipment, the distance travelled by
 
 
them and the number of journeys made by them;
5
 
(b)
the number of tickets sold for travel on the services and the
 
 
number of passengers who travelled on them;
 
 
(c)
the revenue earned from and the costs of operating the services;
 
 
(d)
the number of staff engaged in the operation of the services.
 
 
(3)
In this section—
10
 
(a)
“PSV operator’s licence” has the same meaning as in the Public
 
 
Passenger Vehicles Act 1981 (see section 82(1) of that Act);
 
 
(b)
“relevant local service” means a local service which has one or
 
 
more stopping places in England;
 
 
(c)
“the qualifying period” means the period—
15
 
(i)
beginning with 1 May 2015, and
 
 
(ii)
ending with the day on which section 19 of the Bus
 
 
Services (No. 2) Act 2025 came into force;
 
 
(d)
“local service” and “stopping place” have the same meanings
 
 
as in the Transport Act 1985 (see sections 2 and 137(1) of that
20
 
Act).
 
9C
Notice and effect of publication of information under
 
 
(1)
At least 30 days before publishing any information in reliance on
 
 
section 9B , the Secretary of State must publish a notice—
 
 
(a)
describing in general terms the information to be published,
25
 
and
 
 
(b)
stating that the information is to be published in reliance on
 
 
that section.
 
 
(2)
The notice must be published on a website maintained by or on behalf
 
 
of the Secretary of State (and may also be published in any other
30
 
manner that the Secretary of State thinks appropriate).
 
 
(3)
On the publication of any information in reliance on section 9B , the
 
 
following cease to apply in relation to the information—
 
 
(a)
section 9, and
 
 
(b)
any subordinate legislation (within the meaning of the
35
 
Interpretation Act 1978 ) made under that section.”
 

Enforcement

 
20
Powers of inspectors
 
 
(1)
Section 24 of the Public Passenger Vehicles Act 1981 (regulation of conduct
 
 
of inspectors) is amended in accordance with subsections (2) and (3) .
40

Page 18

 
(2)
After subsection (1) insert—
 
 
“(1A)
Regulations under subsection (1)(b) may, in particular, make provision
 
 
about whether or not a person authorised to act as an inspector by a
 
 
relevant authority may act in that capacity in relation to a relevant
 
 
local service—
5
 
(a)
at times when the public service vehicle used to provide the
 
 
service is outside the area of the authority (including when the
 
 
vehicle is in Wales or Scotland);
 
 
(b)
which does not have a stopping place in the area of the
 
 
authority.”
10
 
(3)
For subsection (4) substitute—
 
 
“(4)
In this section and section 25 “inspector”, in relation to a public service
 
 
vehicle, means—
 
 
(a)
a person authorised to act as an inspector by the holder of the
 
 
PSV operator’s licence under which the vehicle is being used,
15
 
and
 
 
(b)
in the case of a vehicle being used to provide a relevant local
 
 
service, a person authorised to act as an inspector by a relevant
 
 
authority.
 
 
(4A)
In this section—
20
 
“relevant authority” means—
 
 
(a)
a local transport authority (within the meaning given
 
 
by Part 2 of the Transport Act 2000) whose area is in
 
 
England, or
 
 
(b)
Transport for London;
25
 
“relevant local service” means a local service which has one or
 
 
more stopping places in England;
 
 
“stopping place” has the same meaning as in the Transport Act
 
 
1985 .”
 
 
(4)
In the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors
30
 
and Passengers) Regulations 1990 (S.I. 1990/1020), “inspector” includes an
 
 
inspector authorised as mentioned in section 24 (4)(b) of the Public Passenger
 
 
Vehicles Act 1981 .
 
21
Local transport authority byelaws
 
 
(1)
In the Transport Act 2000 , after section 144 insert—
35
 
“Local transport authority byelaws
 
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—
40
 
(a)
travel on their local services;
 

Page 19

 
(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;
5
 
(ii)
using bus facilities in their area or combined area.
 
 
(2)
The byelaws may, in particular, make provision—
 
 
(a)
with respect to tickets issued for entry to and travel on local
 
 
services and the evasion of payment of fares or other charges;
 
 
(b)
with respect to interference with, or obstruction of, local services
10
 
and bus facilities;
 
 
(c)
prohibiting vaping by persons on local services;
 
 
(d)
prohibiting smoking and vaping by persons at bus facilities;
 
 
(e)
with respect to the prevention of nuisance.
 
 
(3)
The byelaws may provide that a person contravening them is guilty
15
 
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—
20
 
(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
25
 
(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
30
 
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);
35
 
(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.
 
144B
Byelaws: procedure
 
 
(1)
Where a local transport authority or authorities propose to make
40
 
byelaws under section 144A , they must—
 
 
(a)
publish a copy of the proposed byelaws on their website or
 
 
websites, and
 

Page 20

 
(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
5
 
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
10
 
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.
15
 
(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
20
 
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
25
 
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
30
 
section 144A .
 
144C
Byelaws: copies and evidence
 
 
(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—
35
 
(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
40
 
authority or authorities may determine.
 

Page 21

 
(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
5
 
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
10
 
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.
15
 
(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
20
 
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
25
 
that person has reason to believe has committed an offence
 
 
under—
 
 
(i)
byelaws under section 144A , or
 
 
(ii)
this section;
 
 
(b)
require a person who the authorised person reasonably suspects
30
 
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
35
 
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
40
 
(1) (b) commits an offence and is liable, on summary conviction, to a
 
 
fine not exceeding level 3 on the standard scale.
 

Page 22

 
(4)
The Secretary of State may issue guidance about the exercise of
 
 
functions under this section and section 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
 
(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.
10
 
(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.
 
144E
Fixed penalty notices
 
 
(1)
A fixed penalty notice issued under section 144D is a notice offering
15
 
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—
20
 
(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—
25
 
(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;
30
 
(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.
35
 
(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)
40
 
, payment of a fixed penalty may be made by pre-paying and posting
 
 
to the person whose name and address is stated under subsection
 

Page 23

 
(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.
5
 
(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,
10
 
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.”
 
 
(2)
Subsection (3) of section 235 of the Local Government Act 1972 does not
15
 
prevent byelaws being made under that section which could also be made
 
 
under section 144A of the Transport Act 2000 where the local authority making
 
 
the byelaws made an application to the Secretary of State under regulation
 
 
6 of the Byelaws (Alternative Procedure) (England) Regulations 2016 (S.I.
 
 
2016/165) before this section came into force.
20

Safety and accessibility of stopping places

 
22
Safety and accessibility of stopping places
 
 
(1)
The Secretary of State may give guidance about stopping places for local
 
 
services, and facilities in the vicinity of such stopping places, for the purposes
 
 
of—
25
 
(a)
promoting the safety of persons using such facilities, or
 
 
(b)
facilitating travel by persons with disabilities (within the meaning
 
 
given by section 6 of the Equality Act 2010 ) on local services.
 
 
(2)
The guidance may, in particular, include guidance about—
 
 
(a)
the location, design, construction and maintenance of stopping places
30
 
and facilities in the vicinity of stopping places;
 
 
(b)
how persons required to have regard to the guidance are to engage
 
 
with other persons in relation to stopping places and facilities in the
 
 
vicinity of stopping places.
 
 
(3)
The Secretary of State may at any time vary or revoke guidance under this
35
 
section .
 
 
(4)
The Secretary of State must publish guidance given under this section and
 
 
any variation or revocation of the guidance.
 
 
(5)
The Secretary of State must consult the Disabled Persons Transport Advisory
 
 
Committee—
40
 
(a)
before giving or revoking guidance under this section , or
 

Page 24

 
(b)
before varying guidance under this section in a way which, in the
 
 
opinion of the Secretary of State, results in a substantial change to the
 
 
guidance.
 
 
(6)
The following must have regard to guidance published under this section
 
 
when commissioning the design, construction or maintenance of a stopping
5
 
place for a local service, or any facilities in the vicinity of a stopping place
 
 
for a local service—
 
 
(a)
a local transport authority (within the meaning given by Part 2 of the
 
 
Transport Act 2000 ) whose area is in England;
 
 
(b)
a local traffic authority (within the meaning given by section 121A of
10
 
the Road Traffic Regulation Act 1984 ), in relation to stopping places
 
 
on roads in England outside Greater London;
 
 
(c)
a strategic highways company (within the meaning given by section
 
 
1 of the Infrastructure Act 2015 ), in relation to stopping places on
 
 
highways in England.
15
 
(7)
In this section —
 
 
“facilities” means any facilities provided—
 
 
(a)
to assist persons with accessing a stopping place,
 
 
(b)
for the use of passengers awaiting, boarding or alighting from
 
 
a public service vehicle being used to provide a local service,
20
 
or
 
 
(c)
to assist a driver of a public service vehicle being used to
 
 
provide a local service in positioning the vehicle at a stopping
 
 
place so as to enable passengers to board or alight from the
 
 
vehicle;
25
 
“local service” has the same meaning as in the Transport Act 1985 (see
 
 
section 2 of that Act);
 
 
“stopping place” has the same meaning as in the Transport Act 1985 (see
 
 
section 137 of that Act).
 

Safeguarding for school services

30
23
Safeguarding duty: drivers of school services
 
 
In the Public Passenger Vehicles Act 1981 , after Part 2 insert—
 

Part 2A

 
 
Safeguarding duty: drivers of school services
 
29A
Duty to check barring information
35
 
(1)
The operator of a public service vehicle may not permit another person
 
 
to drive the vehicle for a school service unless condition 1 or 2 is met.
 
 
(2)
Condition 1 is that—
 

Page 25

 
(a)
the operator has, within the past three years, checked a relevant
 
 
enhanced criminal record certificate issued within that period
 
 
relating to the person who is to drive the vehicle, and
 
 
(b)
the certificate does not show that the person is barred from
 
 
regulated activity relating to children.
5
 
(3)
Condition 2 is that—
 
 
(a)
the operator has, within the past three years, checked—
 
 
(i)
a relevant enhanced criminal record certificate relating
 
 
to the person who is to drive the vehicle, and
 
 
(ii)
up-date information given, within the past three years,
10
 
under section 116A of the Police Act 1997 in relation to
 
 
the certificate,
 
 
(b)
the certificate does not show that the person is barred from
 
 
regulated activity relating to children, and
 
 
(c)
the up-date information is not advice to request the person to
15
 
apply for a new enhanced criminal record certificate.
 
 
(4)
In this section—
 
 
“enhanced criminal record certificate” means an enhanced criminal
 
 
record certificate issued under section 113B of the Police Act
 
 
1997 ;
20
 
“relevant enhanced criminal record certificate” means an enhanced
 
 
criminal record certificate which includes, by virtue of section
 
 
113BA of the Police Act 1997 , suitability information relating
 
 
to children.
 
29B
Interpretation of Part 2A
25
 
(1)
A reference in this Part to regulated activity relating to children is to
 
 
be construed in accordance with Part 1 of Schedule 4 to the
 
 
Safeguarding Vulnerable Groups Act 2006 .
 
 
(2)
For the purposes of this Part, a person drives a public service vehicle
 
 
for a school service where—
30
 
(a)
by driving the vehicle the person is engaging in regulated
 
 
activity relating to children by virtue of paragraph 2 (1) (f) of
 
 
Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 ,
 
 
(b)
the children using the service are being conveyed between their
 
 
homes and institutions for providing primary, secondary or
35
 
further education that they are attending, and
 
 
(c)
the vehicle is being used in circumstances such that a PSV
 
 
operator’s licence is required for its use.
 
 
(3)
In this Part—
 
 
(a)
“primary education”, “secondary education” and “further
40
 
education” have the meanings given in the Education Act 1996
 
 
(see section 2 of that Act);
 
 
(b)
“children” means persons who have not attained the age of
 
 
18.”
 

Page 26

Training of staff

 
24
Training about crime and anti-social behaviour
 
 
(1)
The Transport Act 2000 is amended as follows.
 
 
(2)
After section 144E (inserted by section 21 of this Act) insert—
 
 
“Training of staff
5
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
10
 
(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
15
 
has completed training the aim of which is to assist the person to
 
 
identify, respond appropriately to and, where possible, 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)
20
 
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
25
 
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
30
 
(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.
35
 
(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.”
40

Page 27

 
(3)
In section 155 (sanctions), after subsection (1ZD) insert—
 
 
“(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
5
 
subsection (1A)(a) or (d).”
 
25
Training about disability
 
 
(1)
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 is amended as follows.
10
 
(2)
In Article 2 (scope), at the end of paragraph 2 insert “, and where the service
 
 
is a local service, point (a) of Article 16(1) shall also apply”.
 
 
(3)
In Article 3 (definitions), at the end insert—
 
 
“(y)
“local service” means a local service within the meaning given
 
 
by the Transport Act 1985.”
15
 
(4)
In Article 16 (training)—
 
 
(a)
in paragraph 1(b), for “as described in part (a) of Annex II” substitute
 
 
“—
 
 
“(i)
as described in part (a) of Annex II, and
 
 
(ii)
in relation to local services, as described in part (b)
20
 
of Annex II.”, and
 
 
(b)
after paragraph 1 insert—
 
 
“1A.
Carriers and terminal managing bodies must ensure that the
 
 
requirements of paragraph 1 have been completed within the
 
 
past five years in relation to any of their personnel who fall
25
 
within point (a) or (b) of that paragraph in relation to local
 
 
services.”
 
26
Training about disability: further provisions
 
 
(1)
The Secretary of State may by regulations made by statutory instrument
 
 
require carriers and terminal managing bodies—
30
 
(a)
to keep such records relating to their compliance with the disability
 
 
training requirements 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 disability
 
 
training requirements as is specified or described in the regulations,
35
 
and
 
 
(c)
to provide to the Secretary of State such information relating to their
 
 
compliance with the disability training requirements as the Secretary
 
 
of State may require.
 
 
(2)
The power to make regulations under this section includes power to make—
40

Page 28

 
(a)
consequential, supplementary, incidental, transitional or saving
 
 
provision;
 
 
(b)
different provision for different purposes.
 
 
(3)
A statutory instrument containing regulations under this section is subject to
 
 
annulment in pursuance of a resolution of either House of Parliament.
5
 
(4)
The Secretary of State may issue guidance about compliance with the
 
 
requirements of—
 
 
(a)
disability training requirements, and
 
 
(b)
regulations made under this section .
 
 
(5)
The Secretary of State may at any time vary or revoke guidance issued under
10
 
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 —
15
 
(a)
“Regulation 181/2011” means 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 ,
 
 
(b)
“carrier” and “terminal managing body” have the same meanings as
20
 
in Regulation 181/2011 , and
 
 
(c)
“disability training requirements” means the requirements of paragraph
 
 
1 of Article 16 of Regulation 181/2011 as they apply by virtue of
 
 
paragraph 1A of that Article.
 
 
(8)
After regulation 10 of the Rights of Passengers in Bus and Coach Transport
25
 
(Exemptions and Enforcement) Regulations 2013 (S.I. 2013/1865) insert—
 
 
“Enforcement: disability training and information
 
 
10A.
(1)
It is the duty of a traffic commissioner to exercise the powers
 
 
available to the commissioner under this regulation and any other enactments
 
 
in such manner as may be necessary or expedient in the opinion of the
30
 
commissioner to remedy or avoid any contravention of—
 
 
(a)
the requirements of paragraph 1 of Article 16 of Regulation 181/2011
 
 
as they apply by virtue of paragraph 1A of that Article ;
 
 
(b)
the requirements of regulations made under section 26 of the Bus
 
 
Services (No. 2) Act 2025.
35
 
(2)
If a traffic commissioner is satisfied that a carrier or terminal managing
 
 
body has, without reasonable excuse, contravened any such requirement, the
 
 
traffic commissioner may impose a penalty on the carrier or terminal managing
 
 
body.
 
 
(3)
Paragraphs (6) to (8), (10) to (12) and (14) to (16) of regulation 10 apply
40
 
in relation to the imposition of a penalty under this regulation on a carrier
 

Page 29

 
or terminal managing body as they apply in relation to the imposition of a
 
 
penalty under paragraph (4)(b)(ii) of that regulation on a relevant person.”
 

Zero-emission vehicles

 
27
Use of zero-emission vehicles for registered local services in England
 
 
(1)
The Transport Act 2000 is amended as follows.
5
 
(2)
After section 151 insert—
 
 
“Zero-emission vehicles
 
151A
Use of zero-emission vehicles for registered local services in England
 
 
(1)
The operator of a local service registered under section 6 of the
 
 
Transport Act 1985 which has one or more stopping places in the
10
 
relevant area may not use a vehicle that falls within subsection (2) to
 
 
provide the service in that area.
 
 
(2)
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
15
 
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
20
 
(c)
the tailpipe emissions from it include any of the following—
 
 
(i)
carbon dioxide;
 
 
(ii)
carbon monoxide;
 
 
(iii)
hydrocarbon;
 
 
(iv)
nitrogen oxide;
25
 
(v)
particulates.
 
 
(3)
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,
30
 
(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.
 
 
(4)
The date specified under subsection (2) (b) may not be before 1 January
35
 
2030.
 
 
(5)
In this section “the relevant area” means England outside Greater
 
 
London.”
 

Page 30

 
(3)
In section 155 (sanctions), after subsection (1ZDA) (inserted by section 24 of
 
 
this Act), insert—
 
 
“(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
5
 
may make one or more orders under subsection (1A)(a) or (d).”
 

General

 
28
Power to make consequential provision
 
 
(1)
The Secretary of State may by regulations make provision that is consequential
 
 
on this Act.
10
 
(2)
Regulations under this section may amend, repeal or revoke provision made
 
 
by or under an Act passed—
 
 
(a)
before this Act, or
 
 
(b)
later in the same session of Parliament as this Act.
 
 
(3)
The power to make regulations under this section includes power to make—
15
 
(a)
consequential, supplementary, incidental, transitional or saving
 
 
provision;
 
 
(b)
different provision for different purposes.
 
 
(4)
Regulations under this section are to be made by statutory instrument.
 
 
(5)
A statutory instrument containing regulations under this section that amend
20
 
or repeal provision made by an Act may not be made unless a draft of the
 
 
instrument has been laid before and approved by a resolution of each House
 
 
of Parliament.
 
 
(6)
Any other statutory instrument containing regulations under this section is
 
 
subject to annulment in pursuance of a resolution of either House of
25
 
Parliament.
 
29
Extent
 
 
(1)
The following provisions extend to England and Wales and Scotland—
 
 
(a)
section 11 ;
 
 
(b)
sections 19 and 20 ;
30
 
(c)
sections 25 and 26 ;
 
 
(d)
section 28 , this section and sections 30 and 31 .
 
 
(2)
The remaining provisions of this Act extend to England and Wales only.
 
30
Commencement and transitional provision
 
 
(1)
Sections 28 and 29 , this section and section 31 come into force on the day on
35
 
which this Act is passed.
 

Page 31

 
(2)
Section 21 comes into force at the end of the period of two months beginning
 
 
with the day on which this Act is passed.
 
 
(3)
Section 23 comes into force at the end of the period of six months beginning
 
 
with the day on which this Act is passed.
 
 
(4)
The remaining provisions of this Act come into force—
5
 
(a)
for the purposes of making regulations, on the day on which this Act
 
 
is passed;
 
 
(b)
for remaining purposes, on such day or days as the Secretary of State
 
 
may by regulations made by statutory instrument appoint.
 
 
(5)
The Secretary of State may by regulations made by statutory instrument make
10
 
transitional or saving provision (in addition to any transitional and saving
 
 
provision made by this Act) in connection with the coming into force of any
 
 
provision of this Act.
 
31
Short title
 
 
This Act may be cited as the Bus Services (No. 2) Act 2025.
15

Page 32

 
Schedule
Section 10 (4)
 

Procedure for varying franchising scheme

 
 
After Schedule 9 to the Transport Act 2000 insert—
 
 
“Schedule 9A
Section 123MA(3)
 

Procedure for varying Franchising scheme

5

Part 1

 

Adding to scheme area

 

Application

 
 
1
A franchising authority or authorities must comply with the requirements
 
 
of this Part of this Schedule before varying the area specified under section
10
 
123H(2)(a) in relation to a franchising scheme where the variation adds to
 
 
the scheme area.
 

Assessment

 
 
2
(1)
The franchising authority or authorities must prepare an assessment of the
 
 
proposed variation.
15
 
(2)
The assessment must—
 
 
(a)
describe the effects that the proposed variation is likely to produce,
 
 
and
 
 
(b)
compare the proposed variation to making an enhanced partnership
 
 
plan or scheme in relation to the additional area.
20
 
(3)
The assessment must also include consideration of—
 
 
(a)
whether the proposed variation would contribute to the
 
 
implementation of—
 
 
(i)
the authority’s or authorities’ policies under section 108(1)(a),
 
 
and
25
 
(ii)
other policies affecting local services that the authority or
 
 
authorities have adopted and published,
 
 
(b)
whether the proposed variation would contribute to the
 
 
implementation by neighbouring relevant local authorities of—
 
 
(i)
those authorities’ policies under section 108(1)(a), and
30
 
(ii)
other policies affecting local services that those authorities
 
 
have adopted and published,
 
 
(c)
how the authority or authorities would operate the scheme as
 
 
proposed to be varied,
 
 
(d)
whether the authority or authorities would be able to afford to
35
 
operate the scheme as proposed to be varied,
 

Page 33

 
(e)
whether the scheme as proposed to be varied would represent value
 
 
for money, and
 
 
(f)
the extent to which the authority or authorities are likely to be able
 
 
to secure that local services in the area of the scheme as proposed
 
 
to be varied are operated under local service contracts.
5
 
(4)
Sub-paragraphs (2) and (3) do not prevent inclusion of other matters.
 
 
(5)
The Secretary of State must issue guidance concerning the preparation of
 
 
an assessment under this paragraph, and that guidance may, in particular,
 
 
include guidance about methods to be used when assessing a proposed
 
 
variation.
10
 
(6)
Franchising authorities must have regard to any such guidance.
 
 
(7)
In this paragraph “relevant local authority” means—
 
 
(a)
a local transport authority,
 
 
(b)
a London transport authority, or
 
 
(c)
a council in Scotland.
15

Notice of assessment

 
 
3
Before preparing an assessment of a proposed variation under paragraph
 
 
2 , the franchising authority or authorities must publish, in such manner as
 
 
they consider appropriate, a notice stating that they intend to prepare such
 
 
an assessment.
20

Report on assessment

 
 
4
(1)
The franchising authority or authorities may not proceed with the proposed
 
 
variation unless they have obtained a report from an independent approved
 
 
person on the assessment of the proposed variation (see paragraph 2 ).
 
 
(2)
The report must state whether, in the opinion of the approved person—
25
 
(a)
the information relied on by the authority or authorities in
 
 
considering the matters referred to in paragraph 2 (3) (d) and (e) is
 
 
of sufficient quality,
 
 
(b)
the analysis of that information in the assessment is of sufficient
 
 
quality, and
30
 
(c)
the authority or authorities had due regard to guidance issued under
 
 
paragraph 2 in preparing the assessment.
 
 
(3)
The Secretary of State must issue guidance as to—
 
 
(a)
the time at which it is appropriate to appoint an approved person
 
 
to produce a report for the purposes of sub-paragraph (1) , and
35
 
(b)
the matters to be taken into account by a franchising authority when
 
 
selecting such a person, including for the purposes of determining
 
 
whether a person is independent.
 
 
(4)
Franchising authorities must have regard to any such guidance.
 

Page 34

 
(5)
The Secretary of State must issue guidance concerning the matters to be
 
 
taken into account by an approved person when forming an opinion as to
 
 
whether the information relied on, and the analysis of that information, by
 
 
an authority is of sufficient quality for the purposes of sub-paragraph (2) .
 
 
(6)
Approved persons must have regard to any such guidance.
5
 
(7)
In this paragraph “approved person” means a person specified, or of a
 
 
description specified, in regulations made by the Secretary of State.
 

Consultation

 
 
5
(1)
This paragraph applies if, after a report under paragraph 4 , the authority
 
 
or authorities wish to proceed with the proposed variation.
10
 
(2)
The authority or authorities must—
 
 
(a)
publish a consultation document relating to the proposed variation
 
 
(see paragraph 6 ),
 
 
(b)
publish the assessment of the proposed variation,
 
 
(c)
publish the report on that assessment, and
15
 
(d)
give notice of the proposed variation in such manner as the authority
 
 
or authorities consider appropriate for bringing it to the attention
 
 
of persons in the area to which the scheme as proposed to be varied
 
 
relates.
 
 
(3)
A notice under sub-paragraph (2) (d) must—
20
 
(a)
describe the proposed variation, and
 
 
(b)
state where copies of the proposed variation and the documents
 
 
mentioned in sub-paragraph (2) (a) to (c) may be inspected.
 
 
(4)
After giving notice under sub-paragraph (2) (d) , the authority or authorities
 
 
must consult—
25
 
(a)
all persons operating local services which have one or more stopping
 
 
places in the area or areas to which the scheme as proposed to be
 
 
varied relates,
 
 
(b)
all other persons holding a PSV operator’s licence or a community
 
 
bus permit who would, in the opinion of the authority or authorities,
30
 
be affected by the proposed variation,
 
 
(c)
such persons as appear to the authority or authorities to represent
 
 
employees of persons falling within paragraph (a) ,
 
 
(d)
such organisations appearing to the authority or authorities to be
 
 
representative of users of local services as they think fit,
35
 
(e)
any other relevant local authority any part of whose area would,
 
 
in the opinion of the authority or authorities, be affected by the
 
 
proposed variation,
 
 
(f)
a traffic commissioner,
 
 
(g)
the chief officer of police for each police area covering the whole
40
 
or part of the area to which the scheme as proposed to be varied
 
 
relates,
 

Page 35

 
(h)
the Passengers’ Council, and
 
 
(i)
the Competition and Markets Authority.
 
 
(5)
The authority or authorities may modify the proposed variation after
 
 
consulting those persons and organisations.
 
 
(6)
In sub-paragraph (4) (e) “relevant local authority” means—
5
 
(a)
a local transport authority,
 
 
(b)
a district council,
 
 
(c)
a National Park authority,
 
 
(d)
the Broads Authority,
 
 
(e)
a London transport authority, or
10
 
(f)
a council in Scotland.
 

Consultation document

 
 
6
(1)
A consultation document under paragraph 5 (2) (a) relating to the proposed
 
 
variation must include—
 
 
(a)
a description of the area to which the scheme as proposed to be
15
 
varied relates,
 
 
(b)
a description of areas within that area for which different provision
 
 
is proposed to be made, if such provision is proposed to be included
 
 
in the scheme as proposed to be varied,
 
 
(c)
a description of the local services that are proposed to be provided
20
 
under local service contracts,
 
 
(d)
a description of the local services that are proposed to be excepted
 
 
from regulation arising because of the scheme as proposed to be
 
 
varied,
 
 
(e)
the date on which the scheme is proposed to be varied,
25
 
(f)
the date or dates by which it is proposed that local service contracts
 
 
first be entered into under the scheme as proposed to be varied,
 
 
(g)
the period or periods it is proposed will expire between the making
 
 
of local service contracts and the provision of local services under
 
 
such contracts,
30
 
(h)
a description of the authority’s or authorities’ proposed plans for
 
 
consulting in order to seek views on how well the scheme as varied
 
 
is working,
 
 
(i)
a statement about how, in conducting the procurement process for
 
 
the provision of local services under the scheme as varied, the
35
 
authority or authorities propose to facilitate the involvement of
 
 
small and medium-sized operators in the provision of local services,
 
 
and
 
 
(j)
the date by which responses to the consultation must be received.
 
 
(2)
The consultation document must also include a summary of the assessment
40
 
prepared under paragraph 2 in relation to the proposed variation.
 

Page 36

Response to consultation

 
 
7
(1)
A franchising authority or authorities that conduct a consultation under
 
 
paragraph 5 must publish a report setting out—
 
 
(a)
the authority’s or authorities’ response to the consultation;
 
 
(b)
the authority’s or authorities’ decision on whether to vary the
5
 
franchising scheme.
 
 
(2)
If the decision is to vary the franchising scheme, the report must be
 
 
published at the same time as the notice of the decision is published under
 
 
section 123M(2)(a).
 
 
(3)
The authority or authorities must give notice of the report to a traffic
10
 
commissioner.
 
 
(4)
If the authority or authorities decide to vary the franchising scheme, the
 
 
report must set out how, in conducting the procurement process for the
 
 
provision of local services under the scheme as varied, the authority or
 
 
authorities will facilitate the involvement of small and medium-sized
15
 
operators in the provision of local services.
 
 
(5)
If a franchising authority are a mayoral combined authority, the function
 
 
of deciding whether to vary the franchising scheme is a function of the
 
 
combined authority exercisable only by the mayor acting on behalf of the
 
 
combined authority (including in a case where the decision is to vary a
20
 
scheme jointly with one or more other franchising authorities).
 
 
(6)
If a franchising authority are a mayoral CCA, the function of deciding
 
 
whether to vary the franchising scheme is a function of the combined
 
 
county authority exercisable only by the mayor acting on behalf of the
 
 
combined county authority (including in a case where the decision is to
25
 
vary a scheme jointly with one or more other franchising authorities).
 

Part 2

 

Reducing scheme area

 

Application

 
 
8
A franchising authority or authorities must comply with the requirements
30
 
of this Part of this Schedule before varying the area specified under section
 
 
123H(2)(a) in relation to a franchising scheme where the variation does not
 
 
add to the scheme area.
 

Consultation

 
 
9
(1)
The authority or authorities must—
35
 
(a)
publish a consultation document relating to the proposed variation
 
 
(see paragraph 10 ), and
 
 
(b)
give notice of the proposed variation in such manner as the authority
 
 
or authorities consider appropriate for bringing it to the attention
 
 
of persons in the area to which the scheme relates.
40

Page 37

 
(2)
A notice under sub-paragraph (1) (b) must—
 
 
(a)
describe the proposed variation, and
 
 
(b)
state where copies of the proposed variation and the consultation
 
 
document may be inspected.
 
 
(3)
After giving notice under sub-paragraph (1) (b) , the authority or authorities
5
 
must consult—
 
 
(a)
all persons operating local services in the area to which the scheme
 
 
relates,
 
 
(b)
all other persons holding a PSV operator’s licence or a community
 
 
bus permit who would, in the opinion of the authority or authorities,
10
 
be affected by the proposed variation,
 
 
(c)
such persons as appear to the authority or authorities to represent
 
 
employees of persons falling within paragraph (a) ,
 
 
(d)
such organisations appearing to the authority or authorities to be
 
 
representative of users of local services as they think fit,
15
 
(e)
any other relevant local authority any part of whose area would,
 
 
in the opinion of the authority or authorities, be affected by the
 
 
proposed variation,
 
 
(f)
a traffic commissioner,
 
 
(g)
the chief officer of police for each police area covering the whole
20
 
or part of the area to which the scheme relates,
 
 
(h)
the Passengers’ Council, and
 
 
(i)
the Competition and Markets Authority.
 
 
(4)
The authority or authorities may modify the proposed variation after
 
 
consulting those persons and organisations.
25
 
(5)
In sub-paragraph (3) (e) “relevant local authority” means—
 
 
(a)
a local transport authority,
 
 
(b)
a district council,
 
 
(c)
a National Park authority,
 
 
(d)
the Broads Authority,
30
 
(e)
a London transport authority, or
 
 
(f)
a council in Scotland.
 

Consultation document

 
 
10
A consultation document under paragraph 9 relating to the proposed
 
 
variation must include—
35
 
(a)
a description of the area to which the scheme as proposed to be
 
 
varied relates,
 
 
(b)
a description of the local services that are proposed to be provided
 
 
under local service contracts under the scheme as proposed to be
 
 
varied,
40
 
(c)
the date on which the scheme is proposed to be varied, and
 
 
(d)
the date by which responses to the consultation must be received.
 

Page 38

Response to consultation

 
 
11
(1)
A franchising authority or authorities that conduct a consultation under
 
 
paragraph 9 must publish a report setting out—
 
 
(a)
the authority’s or authorities’ response to the consultation;
 
 
(b)
the authority’s or authorities’ decision on whether to vary the
5
 
scheme.
 
 
(2)
If the decision is to vary the franchising scheme, the report must be
 
 
published at the same time as the notice of the decision is published under
 
 
section 123M(2)(a).
 
 
(3)
The authority or authorities must give notice of the report to a traffic
10
 
commissioner.
 
 
(4)
If a franchising authority are a mayoral combined authority, the function
 
 
of deciding whether to vary the franchising scheme is a function of the
 
 
combined authority exercisable only by the mayor acting on behalf of the
 
 
combined authority (including in a case where the decision is to vary a
15
 
scheme jointly with one or more other franchising authorities).
 
 
(5)
If a franchising authority are a mayoral CCA, the function of deciding
 
 
whether to vary the franchising scheme is a function of the combined
 
 
county authority exercisable only by the mayor acting on behalf of the
 
 
combined county authority (including in a case where the decision is to
20
 
vary a scheme jointly with one or more other franchising authorities).
 

Part 3

 

Other variations

 

Application

 
 
12
A franchising authority or authorities must comply with the requirements
25
 
of this Part of this Schedule before varying a franchising scheme where the
 
 
variation—
 
 
(a)
does not include a variation of the area specified under section
 
 
123H(2)(a) in relation to the scheme, but
 
 
(b)
does include one or more of the following—
30
 
(i)
a variation of the local services specified under section
 
 
123H(2)(b) in relation to the scheme;
 
 
(ii)
a variation of the scheme sub-areas specified under section
 
 
123H(3)(a) in relation to the scheme;
 
 
(iii)
a variation of the period specified under section 123H(2)(d)
35
 
or (3)(c) in relation to the scheme;
 
 
(iv)
a variation of the local services that are excepted under
 
 
section 123H(5) from regulation arising because of the
 
 
scheme.
 

Page 39

Consultation

 
 
13
(1)
The franchising authority or authorities must consult—
 
 
(a)
in the case of a variation mentioned in paragraph 12 (b) (i) , (ii) or
 
 
(iv) —
 
 
(i)
any other relevant local authority any part of whose area
5
 
would, in the opinion of the authority or authorities, be
 
 
affected by the proposed variation,
 
 
(ii)
such organisations appearing to the authority or authorities
 
 
to be representative of users of local services as they think
 
 
fit,
10
 
(iii)
the Passengers’ Council,
 
 
(b)
in the case of a variation mentioned in paragraph 12 (b) (ii) or (iii)
 
 
, the Competition and Markets Authority,
 
 
(c)
in the case of a variation mentioned in paragraph 12 (b) (iii) , a traffic
 
 
commissioner, and
15
 
(d)
in the case of any variation mentioned in paragraph 12 (b) —
 
 
(i)
persons operating local services who would, in the opinion
 
 
of the authority or authorities, be affected by the proposed
 
 
variation, and
 
 
(ii)
any other persons whom, in the opinion of the authority or
20
 
authorities, it would be appropriate to consult.
 
 
(2)
In sub-paragraph (1) (a) (i) , “relevant local authority” means—
 
 
(a)
a local transport authority,
 
 
(b)
a district council,
 
 
(c)
a National Park authority,
25
 
(d)
the Broads Authority,
 
 
(e)
a London transport authority, or
 
 
(f)
a council in Scotland.
 

Response to consultation

 
 
14
(1)
A franchising authority or authorities that conduct a consultation under
30
 
paragraph 13 must publish a report setting out—
 
 
(a)
the authority’s or authorities’ response to the consultation;
 
 
(b)
the authority’s or authorities’ decision on whether to vary the
 
 
scheme.
 
 
(2)
If the decision is to vary the franchising scheme, the report must be
35
 
published at the same time as the notice of the decision is published under
 
 
section 123M(2)(a).
 
 
(3)
The authority or authorities must give notice of the report to a traffic
 
 
commissioner.
 
 
(4)
If a franchising authority are a mayoral combined authority, the function
40
 
of deciding whether to vary the franchising scheme is a function of the
 
 
combined authority exercisable only by the mayor acting on behalf of the
 

Page 40

 
combined authority (including in a case where the decision is to vary a
 
 
scheme jointly with one or more other franchising authorities).
 
 
(5)
If a franchising authority are a mayoral CCA, the function of deciding
 
 
whether to vary the franchising scheme is a function of the combined
 
 
county authority exercisable only by the mayor acting on behalf of the
5
 
combined county authority (including in a case where the decision is to
 
 
vary a scheme jointly with one or more other franchising authorities).”
 
Amendments

No amendments available.