Office of Public Sector Information
(1) Section 114 of the TA 2000 (quality partnership schemes) is amended as follows.
(2) In subsection (1), for the words from “will to any extent” to the end (which make it a condition that a scheme implement the policies in the authority’s bus strategy) substitute “will contribute to the implementation of their local transport policies”.
(3) For subsection (3)(a) (authority must be satisfied that scheme will improve quality of local services) substitute—
“(a) bring benefits to persons using local services in the whole or any part of their area, or combined area, by improving the quality of those services, or”.
(4) After subsection (3) insert—
“(3A) If the authority or authorities consider that it is necessary or expedient for any restrictions to be imposed on the registration of—
(a) any local services, or
(b) any local services of a particular description,
they may impose those restrictions (“registration restrictions”) by specifying or describing them in the scheme.
(3B) Any restrictions so imposed must be for the purpose of preventing or restricting—
(a) the provision of local services, or
(b) the variation or withdrawal of local services,
in cases where the authority or authorities consider that any such provision, or (as the case may be) variation or withdrawal, of services might be detrimental to the provision of services under the scheme.
(3C) Where a scheme includes any registration restrictions by virtue of subsection (3A), it must also specify the criteria (“registration criteria”) by reference to which the traffic commissioners are to decide whether or not to accept an application for registration.
(3D) In subsections (3A) to (3C) “registration”, in relation to any service,—
(a) means registration of prescribed particulars of the service under section 6 of the Transport Act 1985 (registration of local services), and
(b) includes a reference to the variation or cancellation of any such registration.”.
(5) For subsection (6) substitute—
“(6) The standard of services which may be specified in a scheme includes—
(a) requirements which the vehicles being used to provide the services must meet, and
(b) requirements as to frequency or timing of the services,
but the specification of any such requirements is not to prevent operators from providing services in excess of those requirements.”.
(6) After subsection (6) insert—
“(6A) The standard of services which may be specified in a scheme may also include requirements as to the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions, on services to which the scheme applies.
(6B) A scheme may include a requirement falling within subsection (6)(b) or (6A) only if there are no admissible objections to the requirement from relevant operators.
Section 122(3) to (5) makes further provision with respect to such schemes.”.
(7) After subsection (6B) insert—
“(6C) The power to make a quality partnership scheme includes power to provide for different facilities, or different standards of services, to be provided under the scheme as from different dates after the scheme comes into operation.”.
(1) Section 115 of the TA 2000 (notice and consultation requirements) is amended as follows.
(2) In subsection (2) (contents of notice etc) after “details of the facilities and standards of services” insert “, and of any registration restrictions and registration criteria,”.
(3) In subsection (4) (meaning of “relevant local authorities” for purposes of consultation) for paragraph (b) substitute—
“(b) district councils in England,”.
(1) Section 116 of the TA 2000 (making of scheme) is amended as follows.
(2) In subsection (2) (contents of scheme) after “The scheme must specify” insert “each of the following”.
(3) After paragraph (b) of that subsection (standards of service) insert—
“(bb) any registration restrictions imposed by it and any registration criteria specified in it,”.
(4) After paragraph (d) of that subsection (duration of scheme) insert—
“(e) if any facilities or standards of services are to be provided under the scheme as from a date after the scheme comes into operation, the date as from which they are to be so provided.”.
(5) For subsections (4) and (5) (earliest date on which scheme may come into operation) substitute—
“(4) The date as from which any particular facilities, or any services of a particular standard, are to be provided must not be earlier than—
(a) in the case of facilities, the latest of dates A to C (see subsections (4B) to (4D)),
(b) in the case of services, the later of dates A and D (see subsections (4B) and (4E)),
unless the case falls within subsection (4A).
(4A) If under the scheme—
(a) particular facilities are to be provided by the authority or authorities, and
(b) as from the date by which the facilities are to be provided, services of a particular standard are to be provided by operators of local services when using the facilities,
the date as from which the facilities and the services are to be provided must not be earlier than the latest of dates A to D.
(4B) Date A is the date 3 months after the date on which the scheme is made.
(4C) Date B is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for the authority or authorities to provide the facilities.
(4D) Date C is the date 3 months after—
(a) the date on which any traffic regulation order required for the provision of any of the facilities is made, or
(b) if more than one such order is required for their provision, the date on which the last of them is made.
(4E) Date D is the date by which, in the opinion of the authority or authorities, it will be reasonably practicable for operators of local services to provide services of the particular standard.”.
(6) In section 162(4) of that Act (interpretation of references to authorities) for the entry relating to section 116 substitute—
“section 116(2)(a), (4)(a), (4A)(a) and, in the second place, (4C),”.
(1) In section 117 of the TA 2000 (postponement, for up to 12 months, of date on which scheme comes into operation) for subsection (1) substitute—
“(1) If it appears to the authority or authorities appropriate to do so, they may decide that any of the dates specified in subsection (1A) shall be postponed by such period as they think fit.
A date may not be postponed under this subsection by a period or periods which in total exceed 12 months.
(1A) The dates are—
(a) the date on which the scheme is to come into operation,
(b) the date as from which any particular facilities are to be provided under the scheme,
(c) the date as from which any particular services are to be provided to a particular standard under the scheme.”.
(2) In consequence of the amendment made by subsection (1), the heading to the section becomes “Postponement of scheme or of provision of particular facilities or standards of service”.
(1) Section 118 of the TA 2000 (effect of scheme) is amended as follows.
(2) For subsection (1) (facilities to be provided from date on which scheme comes into operation) substitute—
“(1) The authority or authorities must—
(a) provide each of the specified facilities not later than the date specified for its provision under the scheme, and
(b) continue to provide it throughout the remainder of the period for which the scheme is in operation.”.
(3) In subsection (4)(a) (operator of local services to give written undertaking to traffic commissioner) for the words from “that he will” to “when using the facilities” substitute “that, when using the facilities on any date, he will provide the service to the standard specified in the scheme as it has effect in relation to that date”.
(1) Section 122 of the TA 2000 (regulations about schemes) is amended as follows.
(2) In subsection (1) after paragraph (a) insert—
“(aa) the content or operation of schemes which include a requirement falling within section 114(6)(b) or (6A),”.
(3) After subsection (2) insert—
“(3) As regards schemes which include any requirement mentioned in section 114(6)(b) or (6A), regulations under subsection (1)(a) or (aa) may in particular make provision—
(a) for section 114(6B) not to apply in such circumstances as may be prescribed,
(b) requiring such schemes to include provision falling within subsection (4),
(c) for any requirement as to frequencies, timings or maximum fares to be revised only if there are no admissible objections to the revision from relevant operators,
(d) in prescribed circumstances where such schemes, or any provisions of such schemes, are subject to postponement under section 117, for any such requirement not to take effect unless prescribed conditions are satisfied,
(e) as to the meaning of “admissible objection” for the purposes of section 114(6B) and paragraph (c) of this subsection,
(f) as to the meaning of “relevant operator” for those purposes,
(g) as to the determination of any question whether an objection is an admissible objection or an operator is a relevant operator.
(4) The provision referred to in subsection (3)(b) is provision—
(a) as respects the setting of frequencies, timings or maximum fares to which the requirements relate,
(b) for a minimum interval before any requirements as to frequencies, timings or maximum fares may next be reviewed,
(c) for a maximum interval before any such requirements must next be reviewed,
(d) as respects other circumstances in which any such requirements must or may be reviewed,
(e) as respects revision of any such requirements after a review.
(5) Subsections (3)(b) and (4) have effect subject to, and in accordance with, the following provisions—
(a) the revision of requirements as to frequencies, timings or maximum fares under any provision made in accordance with those subsections is not to be regarded as a variation of the scheme for the purposes of section 120 (variation or revocation of scheme), but
(b) nothing in those subsections or in paragraph (a) of this subsection shall be taken to derogate from what may be done under or by virtue of that section.
(6) The provision that may be made by virtue of subsection (3)(g) includes provision for and in connection with—
(a) the appointment of a person (“an adjudicator”) to make such a determination as is mentioned in that paragraph;
(b) the appointment of a person (“an assessor”) to assist an adjudicator in considering any question which appears to arise in relation to such a determination;
(c) the payment—
(i) by the appropriate national authority to an adjudicator, or
(ii) by the appropriate national authority or an adjudicator to an assessor,
of such remuneration as may be determined by or in accordance with the regulations.”.
(1) Section 124 of the TA 2000 (bus services: quality contracts schemes) is amended as follows.
(2) In subsection (1) (power of local transport authorities etc to make quality contracts schemes if satisfied it is the only way to implement policies in their bus strategies and it is economic etc) for paragraphs (a) and (b) substitute—
“(a) the proposed scheme will result in an increase in the use of bus services (see subsection (9B)) in the area to which the proposed scheme relates,
(b) the proposed scheme will bring benefits to persons using local services in the area to which the proposed scheme relates, by improving the quality of those services,
(c) the proposed scheme will contribute to the implementation of the local transport policies of the authority or authorities,
(d) the proposed scheme will contribute to the implementation of those policies in a way which is economic, efficient and effective, and
(e) any adverse effects of the proposed scheme on operators will be proportionate to the improvement in the well-being of persons living or working in the area to which the proposed scheme relates and, in particular, to the achievement of the objectives mentioned in paragraphs (a) to (d).”.
(3) For subsection (2) (need to comply with notice and consultation requirements and obtain approval of appropriate national authority) substitute—
“(2) A quality contracts scheme may not be made unless the authority or authorities—
(a) have complied with the requirements of section 125,
(b) in the case of a scheme for an area in Wales, have obtained the approval of the Welsh Ministers in accordance with section 126, and
(c) in the case of a scheme for an area in England, meet the requirements of subsection (2A).
(2A) The requirements are that the authority or authorities—
(a) have published under section 126C(5) the request which they sent to the QCS board under section 126C(4), and
(b) publish, in accordance with section 127(1A), a response prepared by them to the report published by the QCS board under section 126D(5) in relation to the scheme.”.
(4) In subsection (3)(b) (under quality contracts scheme local services to be provided only under quality contracts) after “section 127(4)” insert “and section 132C”.
(5) After subsection (9) insert—
“(9A) The power to make a scheme jointly may be exercised only if—
(a) all the authorities are local transport authorities for areas in England, or
(b) all the authorities are local transport authorities for areas in Wales.”.
(6) After subsection (9A) insert—
“(9B) The reference in subsection (1)(a) to increasing the use of bus services includes a reference to reducing, arresting or reversing decline in the use of bus services.”.
(1) Section 125 of the TA 2000 (notice and consultation requirements) is amended as follows.
(2) In subsection (1) for the words from “they must give notice” to the end (which require the authority to give notice of the proposed scheme in a local newspaper) substitute “they must—
(a) publish, in such manner as they think fit, a consultation document complying with subsection (1A),
(b) supply a copy of that document to each of the persons mentioned in subsection (3),
(c) give notice in accordance with subsection (2) of the proposed scheme in at least one newspaper circulating in the area to which it relates, and
(d) if the proposed scheme relates to an area in England, send a copy of that notice to the senior traffic commissioner as soon as reasonably practicable after its publication.”.
(3) After subsection (1) insert—
“(1A) The consultation document mentioned in subsection (1)(a) must include—
(a) a description of the proposed scheme;
(b) a statement of the reasons why the authority or authorities are satisfied that the conditions in subsection (1) or, as the case may be, (1A) of section 124 are met;
(c) a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the implementation of the scheme;
(d) a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;
(e) a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—
(i) any estimated income from fares, and
(ii) any grants from Ministers of the Crown or government departments,
any remaining funding required to implement the scheme can be provided from other resources available to the authority or authorities;
(f) the date by which any written responses to the consultation must be submitted to the authority or authorities.
(1B) The description of the proposed scheme contained in the consultation document in accordance with subsection (1A)(a) must include—
(a) an outline of the local services which are proposed to be provided under it;
(b) a statement of any proposed exclusions from the scheme by virtue of section 127(4).
(1C) In subsection (1A)(e) “chief finance officer”, in relation to a local transport authority, means that officer of the authority who is responsible under—
(a) section 151 of the Local Government Act 1972, or
(b) section 73 of the Local Government Act 1985,
for making arrangements for the proper administration of the financial affairs of the authority.”.
(4) In subsection (2) (contents of notice)—
(a) at the end of paragraph (a) insert “and”;
(b) in paragraph (b) after “a copy of the scheme” insert “and the consultation document”;
(c) omit paragraph (c) and the word “and” preceding it.
(5) In subsection (3) (consultees) at the beginning of paragraph (e) (traffic commissioners for the area of the scheme) insert “if the proposed scheme relates to an area in Wales,”.
(1) Section 126 of the TA 2000 (approval of proposed scheme) is amended as follows.
(2) Before subsection (1) insert—
“(A1) This section has effect in any case where the scheme or proposed scheme relates to an area in Wales.”.
(3) In subsection (1) (which refers to compliance with section 125) after “complied with” insert “the requirements of”.
(4) In subsection (3) (right of person consulted under section 125(3) to make representations) for “consulted” substitute “who was consulted, or who is aggrieved at not being consulted,”.
(5) In subsection (4)(a)—
(a) for “paragraphs (a) and (b)” substitute “paragraphs (a) to (e)”, and
(b) omit “or (as the case may be) paragraphs (a) to (d) of section 124(1A)”.
(6) The heading to the section accordingly becomes “Approval of proposed schemes for areas in Wales”.
(1) After section 126 of the TA 2000 (approval of proposed scheme) insert—
(1) Where the senior traffic commissioner receives a copy of a notice sent by the authority or authorities pursuant to section 125(1)(d), a board (a “QCS board”) is to be constituted in accordance with the provisions of this Part to discharge the functions of such a board in relation to the proposed scheme.
(2) The board is to consist of 3 members.
(3) The members shall be—
(a) one traffic commissioner (“the Commissioner”),
(b) two persons drawn from a panel of persons appointed by the Secretary of State for the purposes of this section.
(4) The Commissioner is to chair the board.
(5) Within a prescribed period of receiving the copy of the notice mentioned in subsection (1), the senior traffic commissioner is to—
(a) designate the traffic commissioner who is to be the Commissioner in the case of the particular board,
(b) give notice of that designation to the authority or authorities, in accordance with the prescribed procedure, identifying the person designated,
(c) publish, in such manner as may be prescribed, notice of the designation, identifying the person designated.
(6) The traffic commissioner who is to be so designated is that one of the traffic commissioners whom the senior traffic commissioner considers most appropriate in all the circumstances of the particular case by reason of any particular knowledge or experience that the traffic commissioner may have.
This is subject to subsections (7) and (8).
(7) If the senior traffic commissioner considers that the traffic commissioner who would otherwise fall to be designated to be the Commissioner ought not to be so designated—
(a) because of the traffic commissioner’s illness, incapacity, absence or impending vacation of office, or
(b) because the traffic commissioner is prevented from being the Commissioner by subsection (8),
the senior traffic commissioner is to designate a different traffic commissioner to be the Commissioner.
(8) A traffic commissioner whose ability to act impartially in the case of any particular scheme is, in the opinion of that traffic commissioner, in any way impaired must not act as the Commissioner in relation to that scheme.
(9) If the senior traffic commissioner is unable to discharge the duty to make a designation under subsection (5), the duties of the senior traffic commissioner under that subsection are to be discharged by the Secretary of State instead.
(10) The persons who are to be members of the board by virtue of subsection (3)(b) are to be designated in such manner and at such time as may be prescribed.
(11) The Secretary of State shall pay to each person appointed under subsection (3)(b) such remuneration in respect of the person’s services as may be determined by the Secretary of State with the consent of the Treasury.
(12) In this section “prescribed” means prescribed in regulations under section 126E or 133.”.
(2) In section 162 of the TA 2000 (interpretation of Part 2) insert the following definition at the appropriate place in subsection (1)—
““QCS board” is to be read in accordance with section 126A(1),”.
After section 126A insert—
(1) This section applies at any time after the traffic commissioner who is to chair the QCS board for the proposed scheme has been designated under section 126A.
(2) The QCS board may give advice about matters of a procedural nature to any person who requests it before the end of the appropriate period.
(3) For the purposes of subsection (2), the end of the appropriate period is—
(a) the date on which a scheme is made, or
(b) if no scheme is made, the date on which the authority or authorities give notice to the board under section 126C(7) that they have decided not to proceed with the proposed scheme.
(4) The board may not, under subsection (2), give advice about the merits of the proposed scheme.
(5) If the Secretary of State thinks it appropriate to do so in connection with securing propriety in the giving of advice under subsection (2), the Secretary of State may by regulations make provision about the giving of advice under that subsection (but not about what the advice is to be).
(6) In particular, regulations under subsection (5) may make provision that has the effect that—
(a) a person’s request for advice under subsection (2), or
(b) advice given under subsection (2) to a person,
must be, or may be, disclosed by the board to persons other than that person or to the public generally.
(7) In relation to requests received at any time before the members of the board have been designated, the functions of the board under this section are exercisable on behalf of the board by the traffic commissioner who has been designated to chair the board.”.
After section 126B insert—
(1) This section applies in any case where—
(a) the proposed scheme is for an area in England, and
(b) the authority or authorities have complied with the requirements of section 125(1) to (3).
(2) If the authority or authorities wish to proceed with the proposed scheme, they must send each of the following to the QCS board as soon as reasonably practicable after the end of the consultation period—
(a) copies of all written responses received from the persons consulted,
(b) information about representations made orally at meetings or other events held by the authority or authorities during the consultation period,
(c) a summary of the action which the authority or authorities have taken to comply with the requirements of section 125(1) to (3).
(3) The authority or authorities must have complied with subsection (2) before they send the board a request under subsection (4).
(4) When the authority or authorities consider it appropriate to do so, they are to send to the board a written request for it to begin the performance of its functions under section 126D in relation to the proposed scheme.
(5) If the authority or authorities send the board a request under subsection (4), they must also—
(a) publish the request,
(b) send to the board a copy of the proposed scheme that it is to consider under section 126D,
(c) if the proposed scheme mentioned in section 125(2) differs from the proposed scheme mentioned in paragraph (b), publish a notice stating where a copy of the proposed scheme mentioned in paragraph (b) may be inspected.
(6) If, following the sending of a request under subsection (4), the authority or authorities—
(a) modify the proposed scheme under section 125(5) or section 126D(7), and
(b) desire the QCS board to exercise its functions under section 126D in relation to the proposed scheme, as modified,
they may send the board a further request under subsection (4).
(7) If at any time the authority or authorities decide not to proceed with the proposed scheme, they must—
(a) give written notice of that decision to the QCS board, and
(b) publish notice that they have done so.
Local Transport Act 2008