Office of Public Sector Information
PART II continued
(1) If, having complied with section 125, the authority or authorities wish to proceed with the proposed scheme, they must apply to the appropriate national authority for its approval.
(2) The application must include—
(a) their reasons for wishing to make the scheme, and
(b) such other information as the appropriate national authority may reasonably require.
(3) Any person consulted under section 125(3) may make written representations to the appropriate national authority about the scheme.
(4) The appropriate national authority may approve the proposed scheme, with or without modifications, if it is satisfied that—
(a) the conditions set out in paragraphs (a) and (b) of section 124(1) are met, and
(b) it is in the interests of the public that the scheme is made.
(5) If the appropriate national authority proposes to approve the scheme with modifications, it must first inform the authority or authorities and they must—
(a) consult such of the persons they consulted under section 125(3) as would, in their opinion, be affected by those modifications, and
(b) inform the appropriate national authority as to the outcome of that consultation.
(6) After being informed of that outcome the appropriate national authority may approve the scheme either with those modifications or without modifications.
(1) If the appropriate national authority approves the scheme, the authority or authorities who proposed it may make it as approved at any time not later than six months after the date of the approval.
(2) The scheme must specify—
(a) the area to which it relates,
(b) the date on which it is to come into operation, which must not be earlier than 21 months after the date on which it is made, and
(c) the period for which it is to remain in operation, which must not be more than ten years.
(3) The scheme must outline—
(a) the local services which are to be provided under quality contracts, and
(b) the features of the proposed invitations to tender for quality contracts.
(4) The scheme may provide that—
(a) local services specified in it, or
(b) local services of a class specified in it,
are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.
(5) The scheme may contain such ancillary provisions as the authority or authorities think fit.
(6) The scheme may include provision—
(a) varying or revoking any quality partnership scheme which only relates to the area of the authority, or combined area of the authorities, by which the scheme is made, or
(b) varying any other quality partnership scheme to the extent that it so relates.
(7) If provision is made under subsection (6)(b) to vary the quality partnership scheme so that it no longer so relates, such of the authorities by which it was made as did not make the quality contracts scheme—
(a) may (subject to the provision so made) vary it if they decide that it is appropriate to do so, or
(b) may revoke it if all persons who have given an undertaking to provide a service to a standard specified in the scheme consent to the revocation of the scheme (which consent must not be unreasonably withheld);
and subsections (3) and (4) of section 120 apply to a variation or revocation under this subsection.
(8) Not later than 14 days after the date on which the scheme is made, the authority or authorities must—
(a) give notice in at least one newspaper circulating in the area to which the scheme relates, and
(b) send a copy of the scheme to the traffic commissioner for each traffic area covering the whole or part of that area.
(9) The notice must state—
(a) that the scheme has been made,
(b) where a copy of the scheme may be inspected, and
(c) the date on which the scheme is to come into operation.
(10) The appropriate national authority may by order vary the period mentioned in subsection (2)(b).
(1) If it appears to the authority or authorities who made the scheme appropriate to do so, they may decide that the date on which the scheme would otherwise come into operation shall be postponed by such period as they think fit (subject to any provision of regulations made under subsection (4)).
(2) Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the decision.
(3) Not later than 14 days after the date on which any such decision is made they must give notice of the decision—
(a) in at least one newspaper circulating in the area to which the scheme relates, and
(b) to all operators of local services who would, in their opinion, be affected by the decision and the traffic commissioner for each traffic area covering the whole or part of the area to which the scheme relates.
(4) The appropriate national authority may by regulations make provision with respect to postponements under subsection (1).
(5) The regulations may in particular make provision—
(a) as to the maximum period of postponements, and
(b) requiring authorities to re-issue invitations to tender in accordance with section 130.
(1) During any period in which the scheme is in operation—
(a) sections 6 to 9 of the [1985 c. 67.] Transport Act 1985 (registration of local services) do not have effect in relation to the area to which it relates, and
(b) no local service shall be provided in that area (if there is a stopping place for the service in that area) unless it is provided under a quality contract.
(2) But subsection (1) does not apply in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 127(4).
(3) Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the [1985 c. 67.] Transport Act 1985 of the service concerned.
(4) The authority or authorities must invite tenders in accordance with section 130 not later than—
(a) three months, or
(b) such other period as the appropriate national authority may by order specify,
after the scheme has been made.
(1) The authority, or the authorities acting jointly, must invite tenders for the provision of services to which the scheme relates for such period and on such basis as may be specified in the invitation to tender.
(2) The period specified must not exceed five years.
(3) Subject to subsection (4), such an invitation—
(a) must be issued generally, in such manner as the authority or authorities consider appropriate for bringing it to the attention of persons who may be interested, and
(b) must also be issued individually to all persons who have given to that authority or any of those authorities a written notice indicating that they wish to receive invitations to tender for the provision of local services of a description to which the invitation relates.
(4) Such a notice must specify the address to which such an invitation is to be directed, and it shall be sufficient for the purposes of subsection (3)(b) if the authority or authorities send the invitation to the person giving such a notice at the address so specified.
(5) The authority or authorities may only accept a tender submitted by a person who is the holder of either—
(a) a PSV operator’s licence, or
(b) a community bus permit.
(6) But subsection (5)(a) does not include a licence to which a condition is attached under section 26 of the [1985 c. 67.] Transport Act 1985 (power of traffic commissioner to attach conditions to licences) prohibiting the holder from using vehicles under the licence to provide local services of all descriptions or of any description to which the invitation relates.
(7) After entering into a quality contract, the authority or authorities must give notice to the traffic commissioner for each traffic area covering the whole or part of the area to which the scheme relates of—
(a) the local services to be provided in accordance with the contract, and
(b) the duration of the contract.
(8) The appropriate national authority may by regulations make provision requiring authorities to publish prescribed information about tenders submitted to them in accordance with this section or about their reasons for entering into particular quality contracts.
(1) Section 130 does not apply in any case where it appears to the authority or authorities that action is urgently required for the purpose of—
(a) maintaining an existing service,
(b) securing the provision of a service in place of a service which has ceased to operate, or
(c) securing the provision of a service to meet any public transport requirement which has arisen unexpectedly and ought in the opinion of the authority to be met without delay.
(2) The appropriate national authority may by regulations make provision for further exceptions from section 130, including in particular with respect to—
(a) cases in which no tender, or no acceptable tender, is submitted in response to an invitation to tender issued under section 130(1) or under any provision made by virtue of subsection (5)(a), and
(b) agreements of a prescribed description.
(3) The appropriate national authority may make regulations fixing the maximum duration of a quality contract entered into under subsection (1) or under any provision made by virtue of subsection (2).
(4) The appropriate national authority may by regulations make further provision with respect to exceptions from section 130.
(5) Regulations under subsection (4) may in particular—
(a) require authorities to invite tenders for the provision of a service which is the subject of a quality contract made under subsection (1) or under any provision made by virtue of subsection (2), and
(b) require authorities to publish prescribed information (including as to their reasons for entering into particular quality contracts) or to give notices.
(1) The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may vary it by—
(a) increasing the area to which it relates (to no greater than the whole of their area or combined area) or adding to the description of local services which are to be provided under quality contracts,
(b) reducing that area or reducing the description of services, or
(c) providing for new exclusions from the scheme or for the variation or revocation of existing exclusions.
(2) The scheme may not be varied under subsection (1)(a) unless the conditions set out in paragraphs (a) and (b) of section 124(1) are met with respect to the scheme as varied.
(3) The scheme may not be varied under subsection (1)(b) unless those conditions—
(a) are no longer met with respect to it, but
(b) are met with respect to the scheme as varied.
(4) The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may revoke the scheme—
(a) if those conditions are no longer met with respect to it, or
(b) if they and one or more other authorities make a quality contracts scheme covering the whole or part of the area to which it relates.
(5) The variation or revocation of the scheme under subsection (1) or (4)—
(a) requires the approval of the authority which approved the making of the scheme, and
(b) is subject to the same procedure as the making of a scheme, except to the extent that that procedure is modified by regulations made by the appropriate national authority;
and section 130 applies to a varied scheme but subject to regulations so made.
(6) The appropriate national authority may by regulations provide that in prescribed circumstances quality contracts schemes may be revoked by that authority before coming into operation.
(1) The appropriate national authority may by regulations make further provision with respect to—
(a) the procedure to be followed when making, varying or revoking quality contracts schemes,
(b) the approval of schemes,
(c) the local services or classes of local services which are to be, or may be, excluded from schemes,
(d) the conditions which must be, or may be, attached to such exclusions, and
(e) such other incidental matters in connection with quality contracts schemes as the appropriate national authority thinks fit.
(2) The regulations may in particular make provision with respect to—
(a) giving notice of proposed schemes or proposed variations or revocation of schemes,
(b) objections to such proposals,
(c) the holding of inquiries or hearings into objections,
(d) modifications of such proposals,
(e) the form and manner of applications for approval of such proposals,
(f) the form of schemes or variations, and
(g) giving notice of schemes which have been made or of the variation or revocation of schemes.
(1) The appropriate national authority may by regulations make such transitional provision as it considers appropriate in connection with—
(a) the coming into operation of quality contracts schemes,
(b) the variation of such schemes, and
(c) the ending of such schemes (whether or not as a result of their revocation).
(2) The regulations may in particular provide that in prescribed circumstances—
(a) any provision of sections 6 to 9 of the [1985 c. 67.] Transport Act 1985 (registration of local services) which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or
(b) any such provision which would not otherwise have effect is to have effect or is to have effect with such modifications as may be prescribed,
in relation to the whole or any part of the area to which the scheme relates.
(1) A local transport authority, or two or more such authorities acting jointly, may make a ticketing scheme covering the whole or any part of their area, or combined area, if they consider that the proposed scheme—
(a) would be in the interests of the public, and
(b) would to any extent implement the policies set out in their bus strategy.
(2) A ticketing scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 136.
(3) A ticketing scheme is a scheme under which operators of local services of a class specified in it are required to make and implement arrangements under which persons may purchase, in a single transaction, a ticket (or tickets) of any of the descriptions which may be covered by a ticketing scheme and to which the scheme applies.
(4) The descriptions of tickets which may be covered by a ticketing scheme are—
(a) tickets entitling the holder to make more than one journey on particular local services or on local services of a class specified in the scheme (whether or not operated by the same person),
(b) tickets entitling the holder to make a particular journey on two or more local services (whether or not operated by the same person),
(c) where a particular journey could be made on local services provided by any of two or more operators, tickets entitling the holder to make the journey on whichever service the holder chooses, and
(d) tickets entitling the holder to make a journey, or more than one journey, involving both travel on one or more local services and travel by one or more connecting rail or tram services.
(5) A connecting rail or tram service, in relation to a ticketing scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between—
(a) a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the ticketing scheme relates, and
(b) any other place.
(6) Different arrangements may be specified in a ticketing scheme for different cases.
(7) In carrying out their functions under this Part in relation to ticketing schemes, local transport authorities must co-operate with one another.
(8) In considering whether to make a ticketing scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.
(1) If an authority or authorities propose to make a ticketing scheme, they must give notice of the proposed scheme in at least one newspaper circulating in the area to which it relates.
(2) The notice must specify the date on which the scheme is proposed to come into operation.
(3) After giving notice of the proposed scheme, the authority or authorities must consult—
(a) all operators of local services who would, in the opinion of the authority or authorities, be affected by it,
(b) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit, and
(c) the traffic commissioner for each traffic area covering the whole or part of the area to which it relates.
(1) If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.
(2) If the scheme applies to tickets within section 135(4)(d), it may only be made with the agreement of the operators of the connecting rail or tram services concerned.
(3) The scheme must specify the date on which it is to come into operation, which must not be earlier than three months after the date on which it is made.
(4) Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of it—
(a) in at least one newspaper circulating in the area to which it relates,
(b) to the traffic commissioner for each traffic area covering the whole or part of that area,
(c) to all operators of local services or services for the carriage of passengers by railway or by tramway (or by both) who would, in the opinion of the authority or authorities, be affected by it,
(d) to the Strategic Rail Authority if it applies to tickets within section 135(4)(d), and
(e) in such other manner, or to such other persons or class of person, (if any) as the appropriate national authority may prescribe by regulations.
(5) The notice must set out the terms of the scheme and the date on which it is to come into operation.
(6) The authority or authorities may vary or revoke the scheme; and the variation or revocation is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified by regulations made by the appropriate national authority.
During any period in which a ticketing scheme is in operation, operators of local services to which the scheme relates must make and implement the arrangements required by the scheme.
(1) Each local transport authority must from time to time determine, having regard to their local transport plan—
(a) what local bus information should be made available to the public (“the required information”), and
(b) the way in which it should be made available (“the appropriate way”).
(2) Before making such a determination, the authority must consult—
(a) such organisations appearing to the authority to be representative of users of local services as they think fit, and
(b) the traffic commissioner for the traffic area covering their area.
(3) Each authority must from time to time ascertain whether the required information is being made available to the public in the appropriate way.
(4) Subsection (5) applies if an authority consider that—
(a) the required information is not being made available to the public to any extent, or
(b) that information is not being made available to the public in the appropriate way.
(5) If this subsection applies, the authority must seek to make arrangements with the operators of the local services concerned under which those operators agree to make the information available (or to make it available in that way).
(6) In this section “local bus information”, in relation to a local transport authority, means—
(a) information about routes and timetabling of local services to, from and within the authority’s area,
(b) information about fares for journeys on such local services, and
(c) such other information about facilities for disabled persons, travel concessions, connections with other public passenger transport services or other matters of value to the public as the authority consider appropriate in relation to their area.
(1) If the authority are unable to make satisfactory arrangements with one or more of those operators, they—
(a) must make available, or secure that there is made available, in the appropriate way such of the required information as is not being made available or is not being made available in that way (whether by virtue of arrangements made under section 139(5) or otherwise), and
(b) may recover from that operator or those operators the reasonable costs incurred by them in doing so as a civil debt due to them.
(2) In determining for the purposes of subsection (1)(b) what is reasonable in relation to a particular operator, the authority must have regard to—
(a) the amount of information which has to be made available, and
(b) the way in which that information has to be made available,
in respect of the local services provided by that operator.
(3) If the authority require an operator to provide information to them or to another person in order to perform their duty under subsection (1)(a), the operator must provide the information at such times and in such manner as is specified by the authority.
(4) The authority must give notice of any requirement imposed under subsection (3) to the traffic commissioner for the traffic area covering their area.
(1) In considering how they should carry out their functions under sections 139 and 140, a local transport authority must have regard to a combination of economy, efficiency and effectiveness.
(2) In carrying out those functions, local transport authorities—
(a) must not act in such a way as to discriminate (whether directly or indirectly) against any operator, or class of operator, of local services, and
(b) must co-operate with one another.
(3) A local transport authority must have regard to the desirability, in appropriate cases, of carrying out those functions jointly with another authority (whether as respects the whole or any part of their combined area).
In section 7 of the [1985 c. 67.] Transport Act 1985 (traffic regulation conditions to be met in provision of local services subject to registration), in subsection (4) (reasons for which conditions may be determined), insert at the end “; or
(c) reduce or limit noise or air pollution.”
(1) A local transport authority may, in connection with the exercise of any of their functions relating to public transport, require an operator of local services to provide them with any information relating to the matters specified in subsection (2) which is in his possession or control.
(2) The matters referred to in subsection (1) are—
(a) the total number of journeys undertaken by passengers on the local services operated by the operator in the authority’s area or any part of its area,
(b) the structure of fares for those journeys, and
(c) the total distance covered by vehicles used by him in operating those local services.
(3) The operator may be required to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it.
(4) No information which—
(a) has been provided under this section, or provided together with information so provided, and
(b) relates to the affairs of an individual or to a particular business,
shall be disclosed during the lifetime of the individual or while the business continues to be carried on.
(5) But subsection (4) does not apply to a disclosure made—
(a) with the consent of the individual or the person for the time being carrying on the business,
(b) in connection with the investigation of crime or for the purposes of criminal proceedings,
(c) for the purposes of civil proceedings brought by virtue of this Act or the [1985 c. 67.] Transport Act 1985, or
(d) in order to comply with the order of a court or tribunal.
(6) A person who discloses information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) The relevant national authority may by regulations make provision for or in connection with—
(a) the imposition of penalty charges in respect of bus lane contraventions, and
(b) the payment of such penalty charges.
(2) Regulations under subsection (1) may provide for the imposition of penalty charges—
(a) by approved local authorities, or
(b) both by approved local authorities and by Transport for London or London local authorities or both.
(3) An authority is an approved local authority if—
(a) an order designating the whole or any part of its area has been made under paragraph 1(1) or 2(1) of Schedule 3 to the [1991 c. 40.] Road Traffic Act 1991 (permitted and special parking areas outside Greater London), and
(b) the relevant national authority has made an order specifying it as an approved local authority for the purposes of this section.
(4) A bus lane contravention is a contravention of any such provision of—
(a) a traffic regulation order,
(b) an experimental traffic order, or
(c) a temporary traffic restriction order,
as relates to the use of an area of road which is or forms part of a bus lane.
(5) And an area of road is or forms part of a bus lane if the order provides that it may be used—
(a) only by buses (or a particular description of bus), or
(b) only by buses (or a particular description of bus) and some other class or classes of vehicular traffic.
(6) The roads in relation to which regulations under subsection (1) may authorise the imposition of penalty charges are—
(a) in the case of an approved local authority, roads in its area,
(b) in the case of Transport for London, roads in Greater London of a description prescribed by such regulations or all roads in Greater London, and
(c) in the case of a London local authority, roads in its area of a description prescribed by such regulations or all roads in its area.
Transport Act 2000