Office of Public Sector Information
PART continued
(1) Where under section 16(4) of this Act, the Scottish Ministers approve a proposed quality contract scheme, the local transport authority who proposed it may, not later than 6 months after the date of the approval, make it as approved.
(2) Not later than 14 days after the date on which a scheme is made, the authority shall—
(a) give notice in at least one local newspaper circulating in the area to which the scheme relates; and
(b) send a copy of the scheme to the traffic commissioner.
(3) The notice shall state—
(a) that the scheme has been made; and
(b) where, in what form, and at what times, a copy of the scheme may be inspected.
(4) If a quality contract scheme includes provision such as is mentioned in section 14(5)(b) of this Act varying a quality partnership scheme which was made by two or more authorities so that it no longer so relates, such of those authorities as did not make the quality contract scheme may—
(a) subject to the provision so made, if they decide that it is appropriate to do so, vary that quality partnership scheme; or
(b) if all operators of local services who have given an undertaking such as is mentioned in section 8(4)(a) of this Act consent to the revocation of the scheme (which consent shall not be unreasonably withheld), revoke that quality partnership scheme;
and subsections (3) and (4) of section 9 of this Act shall apply to a variation or revocation under this section as those subsections apply to a variation or revocation under that section.
(5) For the purposes of subsection (4) above, any reference to a local transport authority shall be construed as including a reference to the Secretary of State or, as the case may be, the Scottish Ministers.
(1) Subject to any regulations under subsection (1), and to subsections (2) and (5), of section 19 of this Act, a local transport authority who have made a quality contract scheme shall not enter into a quality contract otherwise than by accepting a tender invited in pursuance of this section.
(2) An authority shall, not later than—
(a) 3 months; or
(b) such other period as the Scottish Ministers may by order specify,
after a scheme has been made by them, invite tenders for the provision of local services to which the scheme relates for such period and on such basis as may be specified in the invitation to tender.
(3) The period specified in the invitation to tender shall not exceed seven years beginning with the operational date of the scheme to which the invitation relates.
(4) An invitation to tender shall—
(a) be issued generally, in such manner as the authority consider appropriate for bringing it to the attention of persons who may be interested; and
(b) be issued individually to all persons who have given to the authority, or any of the authorities, a written notice—
(i) indicating that they wish to receive invitations to tender for the provision of local services of a description to which the invitation relates; and
(ii) specifying the address to which such an invitation is to be directed.
(5) It shall be sufficient for the purposes of subsection (4)(b) above if the authority send the invitation to the person giving such a notice at the address specified in the notice.
(6) The authority may accept a tender only if it is submitted by a person who is the holder of either—
(a) a PSV operator’s licence, not being a licence to which a condition is attached under section 26 of the 1985 Act (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; or
(b) a community bus permit.
(7) The Scottish Ministers may by regulations make provision requiring local transport authorities to publish such information as may be prescribed in relation to—
(a) tenders submitted to them in accordance with this section; or
(b) their reasons for entering into particular quality contracts.
(1) The Scottish Ministers may by regulations provide that section 18(1) of this Act shall not apply to quality contracts of such description as may be specified in the regulations; and any such description may be framed by reference to—
(a) the description of local service to which a quality contract relates;
(b) the description of persons proposing to operate a local service;
(c) the period during which a local service is to be provided under a contract; or
(d) any other relevant circumstances.
(2) Section 18(1) of this Act shall not apply in any case where it appears to a local transport authority that action is urgently required for the purpose of—
(a) maintaining an existing local service;
(b) securing the provision of a local service in place of any such service that has ceased to operate; or
(c) securing the provision of a local service to meet any public transport requirement which has arisen unexpectedly and ought, in the opinion of the authority, to be met without delay.
(3) Where by virtue of subsection (2) above any authority enters into a quality contract to which subsection (1) of section 18 of this Act does not apply, that authority shall as soon as practicable invite tenders for the provision of the service which is the subject of that quality contract for such period and on such basis as may be specified in the invitation to tender; and subsections (3) to (7) of that section shall apply in any such case as if the invitation had been issued under subsection (2) of that section.
(4) Any quality contract entered into by virtue of subsection (2) above shall be made so as to remain in force for no longer than 3 months after the end of the period allowed for the submission of tenders in accordance with the invitation to tender issued under subsection (3) above.
(5) Subject to subsections (6) and (7) below, where—
(a) an invitation to tender for the provision of any service is issued under subsection (3) above or subsection (2) of section 18 of this Act; and
(b) no tender, or no tender which the authority who issued the invitation consider acceptable, is submitted in response to that invitation,
any power of that authority to enter into a quality contract in order to secure that service shall cease to be subject to subsection (1) of that section.
(6) Any quality contract which is entered into by an authority by virtue of subsection (5) above shall be made so as to remain in force for no longer than the period specified in section 18(3) of this Act.
(7) On entering into a quality contract such as is mentioned in subsection (6) above the authority shall publish in such manner as may be prescribed by regulations made by the Scottish Ministers either—
(a) a statement that no tender was submitted in response to that invitation to tender; or
(b) a statement of their reasons for considering that no tender so submitted was acceptable,
as the case may require.
(1) A quality contract scheme shall, in so far as relating to a local service included in it, come into operation—
(a) where the scheme specifies the date on which, in so far as it relates to such service, it is to come into operation, on the date so specified; and
(b) subject to section 21(1) of this Act, where no date is so specified, on such date as is specified in or determined under the quality contract.
(2) Not later than 14 days after the date on which an authority enter into a quality contract, the authority shall give notice—
(a) in at least one local newspaper circulating in the area to which the scheme relates;
(b) to all operators of local services who are, in the opinion of the authority, likely to be affected by the quality contract; and
(c) to the traffic commissioner.
(3) The notice shall state—
(a) the local services to be provided under the quality contract;
(b) the date (or dates) on which the scheme shall, in so far as it relates to the local services to be provided under that quality contract, come into operation; and
(c) the duration of the quality contract.
(1) Subject to any regulations made under subsection (4) below, if it appears to the local transport authority who made a quality contract scheme reasonable to do so, they may postpone the date on which the scheme would, in so far as relating to a local service included in it, come into operation by virtue of section 20(1)(b) of this Act by such period, not exceeding 12 months, as they think fit.
(2) Before postponing a date under subsection (1) above, an authority shall consult all operators of local services who are, in the opinion of the authority, likely to be affected by the postponement.
(3) Not later than 14 days after the date on which an authority postpone a date under subsection (1) above the authority shall give notice of the postponement—
(a) in at least one local newspaper circulating in the area to which the scheme relates;
(b) to all operators of local services who are, in the opinion of the authority, likely to be affected by the postponement; and
(c) to the traffic commissioner.
(4) The Scottish Ministers may by regulations make provision with respect to postponements under subsection (1) above.
(5) The regulations may in particular make provision—
(a) as to the maximum period of postponements; and
(b) requiring authorities to reissue invitations to tender in accordance with section 18 of this Act.
(1) During any period when a quality contract scheme is in operation in relation to any local service included in the scheme—
(a) sections 6 to 9 of the 1985 Act (registration of local services) shall not have effect in relation to such service; and
(b) no such service shall be provided other than under a quality contract.
(2) If, in relation to a scheme, a local service is neither included in the scheme nor, by virtue of provision such as is mentioned in section 14(3) of this Act, excluded from the scheme, then the local service shall not, during the period beginning on the operational date and ending on the date on which the scheme ceases to have effect, be provided in the area to which the scheme relates.
(3) Where a scheme specifies conditions such as are mentioned in section 14(3) of this Act, those conditions shall be treated, during the period beginning on the operational date and ending on the date on which the scheme ceases to have effect, as if they were prescribed particulars registered under section 6 of the 1985 Act (registration of local services) of the service concerned.
(1) Subject to subsections (5) and (6) below, a local transport authority who made a quality contract scheme may vary it by—
(a) increasing, to no greater than the whole of their area, the area to which it relates;
(b) adding to the description of local services which are to be provided under quality contracts;
(c) reducing the area to which it relates;
(d) reducing the description of services which are to be provided under quality contracts;
(e) postponing any date specified in the scheme as a date on which the scheme would, in so far as it relates to any local service included in it, otherwise come into operation; or
(f) providing for new exclusions from the scheme or for the variation or revocation of existing exclusions.
(2) A scheme may not be varied under subsection (1)(a) or (b) above unless the conditions set out in paragraphs (a) and (b) of section 13(1) of this Act (in this section referred to as the “relevant conditions”) are met with respect to the scheme as varied.
(3) A scheme may not be varied under subsection (1)(c) or (d) above unless—
(a) either of the relevant conditions is no longer met with respect to it; and
(b) both of those conditions are met with respect to the scheme as varied.
(4) Subject to subsections (5) and (6) below, the authority who made a scheme (or, where a scheme was made by two or more authorities, one of them) may revoke it—
(a) if either of the relevant conditions is no longer met with respect to it; or
(b) if the authority (or one of them) make (or make jointly with one or more other authorities) a quality contract scheme covering such part of their area as was covered by the scheme being revoked.
(5) An authority may not, unless they have obtained the approval of the Scottish Ministers to their proposal for a variation or revocation of a scheme under subsection (1) or (4) above, vary or revoke the scheme.
(6) Where the Scottish Ministers have approved a proposed variation or revocation of a scheme, section 17 of this Act shall apply to that variation or revocation as that section applies to the making of a scheme but subject to such modifications as the Scottish Ministers may by regulations specify.
(7) The Scottish Ministers may by regulations provide that in such circumstances as may be prescribed quality contract schemes may be revoked by them before coming into operation.
(1) In relation to each quality contract scheme made by them, a local transport authority shall, for each successive period of 12 months during which the scheme is in operation (the first period being taken to begin on the operational date), prepare and submit to the Scottish Ministers a report on the effectiveness of the scheme.
(2) In preparing a report under subsection (1) above an authority shall have regard to any representations relating to—
(a) local services in their area; and
(b) any facilities provided by virtue of the scheme,
made to them during the period to which the report relates.
(3) An authority may require any operator of a local service to provide such information as the authority may specify for or in connection with the preparation of a report under subsection (1) above; and in so far as the provision of such information would be reasonable, the operator shall comply with any such requirement.
(4) Any report under this section shall be submitted not later than 6 months after the end of the period to which it relates.
(1) Where a local transport authority have not, within 12 months of the date on which they made a quality contract scheme, entered into a quality contract in respect of each local service included in the scheme, the scheme shall, subject to subsection (2) below, cease to have effect.
(2) If within the period mentioned in subsection (1) above an authority seek the approval of the Scottish Ministers to a proposed variation of a scheme and after the expiry of that period—
(a) the Scottish Ministers refuse to approve the proposed variation; or
(b) the Scottish Ministers having approved the proposed variation, the authority fail to comply with section 23(6) of this Act,
then the scheme shall, on the date of such refusal or, as the case may be, on the date which is six months (or such other period as may, by virtue of that section, be specified) after the date of the approval, cease to have effect.
(1) The Scottish Ministers may by regulations make further provision with respect to—
(a) the procedure to be followed when making, varying or revoking quality contract schemes;
(b) the approval of proposed schemes;
(c) the local services or classes of local services which shall, or may, be excluded from schemes;
(d) the conditions which shall, or may, be attached to such exclusions; and
(e) such other incidental matters in connection with quality contract schemes as the Scottish Ministers think fit.
(2) The regulations may in particular make provision with respect to—
(a) the giving of notice of proposed schemes or any proposed variations or revocations of schemes;
(b) objections to such proposals;
(c) the holding of inquiries or hearings into objections;
(d) modifications of such proposals;
(e) the form, content and manner of applications for approval of such proposals;
(f) the form of schemes or variations; and
(g) the giving of notice of schemes which have been made or of variations or revocations of schemes.
(1) The Scottish Ministers may by regulations make such transitional provision as they consider appropriate in connection with—
(a) the coming into operation of quality contract 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 such circumstances as may be prescribed—
(a) any provision of sections 6 to 9 of the 1985 Act (registration of local services) which would otherwise have effect—
(i) shall not have effect; or
(ii) shall have effect subject to such modifications as may be prescribed; or
(b) any such provision which would not otherwise have effect—
(i) shall have effect; or
(ii) shall have effect subject to such modifications as may be prescribed,
in relation to the whole or any part of the area to which a scheme relates or to any local service provided in that area.
(1) Each local transport authority shall from time to time determine what ticketing arrangements should be made available for their area (in this section referred to as the “required ticketing arrangements”).
(2) Before making such a determination, the authority shall consult such organisations appearing to the authority to be representative of users of local services as they think fit.
(3) Each authority shall from time to time ascertain whether the required ticketing arrangements are being made available.
(4) If an authority ascertain that the required ticketing arrangements are not being made available, that authority shall seek to make arrangements with the operator or operators of the local services concerned under which the operator or operators agree to make the required ticketing arrangements available.
(5) In this section and in section 29 of this Act “ticketing arrangements” means arrangements under which persons may become entitled—
(a) to make more than one journey on particular local services (whether or not operated by the same person);
(b) to make a particular journey on two or more local services (whether or not operated by the same person); or
(c) where a particular journey could be made on local services provided by either (or any) of two or more operators, to make the journey on whichever service the holder chooses,
by entering into a single transaction of such description as the operator or operators of such services may require.
(1) If a local transport authority are unable to make satisfactory arrangements in pursuance of section 28(4) of this Act they, 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 their relevant general policies.
(2) In this section (other than subsection (1) above) and in sections 30 and 31 of this Act any reference to a local transport authority shall be construed, in any case where a ticketing scheme is made (or proposed to be made) by two or more such authorities acting jointly, as a reference to both (or, as the case may be, all) of those authorities.
(3) A ticketing scheme is a scheme under which operators of local services of a class specified in the scheme are required to make and implement ticketing arrangements.
(4) A ticketing scheme may not be made unless the authority have complied with the notice and consultation requirements imposed by section 30 of this Act.
(5) A ticketing scheme may, for the purposes of making provision in relation to journeys such as are mentioned in paragraph (a) of section 28(5) of this Act, specify a class of local services.
(6) A ticketing scheme may specify different arrangements in respect of different classes of local service.
(1) If a local transport authority propose to make a ticketing scheme, they shall give notice of the proposed scheme in at least one local newspaper circulating in the area to which it relates.
(2) The notice shall specify the date on which it is proposed that the proposed scheme will come into operation.
(3) After giving notice of the proposed scheme, the authority shall consult—
(a) all operators of local services who are, in the opinion of the authority, likely to be affected by it;
(b) such organisations appearing to the authority to be representative of users of local services as they think fit;
(c) the traffic commissioner; and
(d) such other persons as the authority think fit.
(1) If, having complied with section 30 of this Act, the authority decide that it is appropriate to make a ticketing scheme, they may make it—
(a) in the form proposed; or
(b) subject to such modifications as they may specify.
(2) The scheme shall specify the date (being a date not earlier than 3 months after the date on which the scheme is made) on which it is to come into operation.
(3) Not later than 14 days after the date on which a scheme is made, the authority shall give notice of it—
(a) in at least one local newspaper circulating in the area to which the scheme relates;
(b) to all operators of local services who are, in the opinion of the authority, likely to be affected by it;
(c) to the traffic commissioner; and
(d) in such other manner, or to such other persons or class of person (if any), as the Scottish Ministers may prescribe by regulations.
(4) The notice shall—
(a) set out the scheme and the date on which it is to come into operation; and
(b) identify the classes of local service which will be affected by it.
(1) During any period in which a ticketing scheme is in operation, operators of local services to which the scheme relates shall make and implement the arrangements required by the scheme.
(2) The arrangements required by a ticketing scheme shall 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 Act (registration of local services) of the service concerned.
(1) Each local transport authority shall from time to time determine, having regard to their relevant general policies—
(a) what local bus information should be made available to the public (in this section referred to as the “required information”); and
(b) the way in which it should be made available (in this section and in section 34 of this Act referred to as the “appropriate way”).
(2) Before making such a determination, the authority shall consult—
(a) the traffic commissioner;
(b) such organisations appearing to the authority to be representative of users of local services as they think fit; and
(c) such other persons as the authority think fit.
(3) Each authority shall from time to time ascertain whether the required information is being made available to the public in the appropriate way.
(4) If an authority ascertain that the required information is not being made available to the public in the appropriate way the authority shall seek to make arrangements with the operator or operators of the local services concerned under which the operator or operators agree to make the information available in that way.
(5) In this section—
“local bus information”, in relation to a local transport authority, means—
information about routes and timetabling of local services to, from and within the authority’s area;
information about fares for journeys on such local services; and
such other information about facilities for disabled persons, travel concessions, connections with other public passenger transport services (within the meaning of the 1985 Act) or other matters of value to the public as the authority consider appropriate in relation to their area; and
“travel concession” has the meaning given by section 68(7) of this Act.
(6) This section and sections 34 and 35 of this Act do not apply to any local authority to the extent that any part of the area of the authority is comprised in the passenger transport area of the Strathclyde Passenger Transport Authority.
(1) If a local transport authority are unable to make satisfactory arrangements in pursuance of section 33(4) of this Act, they, or two or more such authorities acting jointly—
(a) shall make available, or secure that there is made available, in such manner as they determine, such information as is not being made available in the appropriate way in their area, or each of their areas (whether by virtue of arrangements made under section 33(4) of this Act or otherwise); and
(b) may recover from the operator or operators of the local services concerned 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) above what is reasonable in relation to a particular operator, the authority, or as the case may be authorities, shall 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, or as the case may be authorities, require an operator to provide information to them or another person in order to perform their duty under subsection (1)(a) above, the operator shall provide the information at such times and in such manner as may be specified by the authority (or authorities).
(4) The authority, or as the case may be authorities, shall give notice to the traffic commissioner of any requirement imposed under subsection (3) above.
In carrying out their functions under sections 33 and 34 of this Act, local transport authorities—
(a) shall act in the manner which is, in the opinion of the authority, most economic, efficient and effective; and
(b) shall not act in such a way as to discriminate (whether directly or indirectly) against any operator, or class of operator, of local services.
(1) Part V of the 1985 Act (expenditure on public passenger transport services) shall be amended as follows.
(2) In section 89 (obligation to invite tenders for subsidised services)—
(a) in subsection (7), after “section” there shall be inserted “for the provision of services other than those mentioned in subsection (9) below”; and
(b) after subsection (8) there shall be inserted—
“(9) An authority issuing an invitation to tender under this section for the provision of any service for the carriage of passengers by road which requires, for the purposes of Part IV of this Act, a PSV operator’s licence, shall, in determining whether to accept a tender submitted in response to the invitation or which (if any) of several such tenders to accept, have regard in particular to—
(a) a combination of economy, efficiency and effectiveness;
(b) the implementation of—
(i) their local transport strategy; and
(ii) the general policies formulated by them under section 63(2)(b) of this Act or section 9A(1) of the Transport Act 1968 (c. 73), as the case may be; and
(c) the reduction or limitation of traffic congestion, noise or air pollution.
(10) In subsection (9)(b)(i) above, “local transport strategy” has the meaning given by section 82(1) of the Transport (Scotland) Act 2001 (asp 2).”.
(3) In section 90(3) (duty of authority to publish reasons for considering that payment of subsidies to secure service in accordance with accepted tender is conducive to achieving most effective and economic application of funds), for the words from “is conducive” to the end there shall be substituted “accords with section 89(7), or as the case may be (9), of this Act.”.
(4) In section 92(1) (authorities subsidising public passenger transport services not to inhibit competition between persons providing or seeking to provide such services in their area), for the words from “so” to “provide” there shall be substituted “have regard to the interests of the public and of persons providing”.
Transport (Scotland) Act 2001