Office of Public Sector Information
PART continued
(1) The functions to which this section applies are those of—
(a) making and varying quality partnership schemes;
(b) making and varying ticketing schemes; and
(c) inviting and accepting tenders under section 89 or 91 of the 1985 Act (subsidised services).
(2) For the purposes of this section an authority or authorities propose to exercise a function to which this section applies—
(a) in the case of the function of making or varying a quality partnership scheme, once notice of a proposal to make or vary it has been given under section 5(1) of this Act;
(b) in the case of the function of making or varying a ticketing scheme, once notice of a proposal to make or vary it has been given under section 30(1) of this Act; and
(c) in the case of the function of inviting or accepting tenders under section 89 or 91 of the 1985 Act, once it is proposed to invite tenders under section 89(2) or 91(3) of that Act or to accept or not to accept a tender under section 89 of that Act.
(3) For the purposes of this section the exercise or proposed exercise of a function to which this section applies meets the competition test unless it—
(a) has or is likely to have a significantly adverse effect on competition; and
(b) is not justified by subsection (4) below.
(4) The exercise or proposed exercise of a function is justified if—
(a) it is with a view to achieving one or more of the purposes specified in subsection (5) below; and
(b) its effect on competition is or is likely to be proportionate to the achievement of that purpose or any of those purposes.
(5) The purposes referred to in subsection (4) above are—
(a) securing improvements in the quality of vehicles or facilities used for or in connection with the provision of local services;
(b) securing other improvements in local services of substantial benefit to users of local services; and
(c) reducing or limiting traffic congestion, noise or air pollution.
(1) The Scottish Ministers may make grants to operators of eligible bus services towards their costs in operating those services.
(2) The Scottish Ministers may make provision by regulations as to the method of calculation of grants.
(3) Subject to any regulations under subsection (2) above, grants under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Scottish Ministers may determine.
(4) A determination under subsection (3) above may be made either generally or in relation to particular cases or classes of case.
(5) In this section “eligible bus services” means services of a class using public service vehicles (or such services using a class of public service vehicles) prescribed by regulations made by the Scottish Ministers.
(6) Section 92 of the Finance Act 1965 (c. 25) (grants towards duty charged on bus fuel) and section 111 of the 1985 Act (unregistered and unreliable local services: reduction of fuel duty grant) are repealed.
(1) Where the traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse—
(a) failed to operate a local service registered under section 6 of the 1985 Act;
(b) operated a local service in contravention of that section or section 8(4) or 22(1)(b) or (2) of this Act; or
(c) failed to comply with section 32(1) or 34(3) of this Act,
the commissioner may impose a penalty on the operator.
(2) Subject to subsection (3) below, a penalty imposed under subsection (1) above shall be of such amount as the traffic commissioner thinks fit in all the circumstances of the case.
(3) The amount of a penalty mentioned in subsection (2) above shall not exceed—
(a) £550; or
(b) such other amount as the Scottish Ministers may by order specify,
multiplied by the total number of vehicles which the operator is licensed to use under all the PSV operator’s licences held by him.
(4) Any penalty imposed under subsection (1) above shall be payable to the Scottish Ministers.
(5) Where a penalty has been imposed on an operator under subsection (1) above, the traffic commissioner shall forthwith give notice in writing to—
(a) the Scottish Ministers; and
(b) the operator.
(6) Any operator on whom a penalty has been imposed under subsection (1) above may appeal to the Transport Tribunal against the imposition of the penalty.
(7) Any amount due under this section shall be recoverable as a civil debt.
(1) Section 111 of the 1985 Act (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) shall be amended as follows (until the coming into force of section 38(6) of this Act).
(2) For subsection (1) there shall be substituted—
“(1) Where the traffic commissioner for the Scottish Traffic Area is satisfied that the operator of a local service has, without reasonable excuse—
(a) failed to operate a local service registered under section 6 of this Act;
(b) operated a local service in contravention of that section or section 8(4) or 22(1)(b) or (2) of the Transport (Scotland) Act 2001 (asp 2); or
(c) failed to comply with section 32(1) or 34(3) of that Act,
he may make a determination to that effect.”.
(3) In subsection (3), for the words “twenty per cent.” there shall be substituted “such percentage as the traffic commissioner thinks fit”.
(4) After subsection (3) there shall be inserted—
“(3A) The percentage determined under subsection (3) above shall be at least one per cent. but not more than twenty per cent.”.
(1) The Scottish Ministers may by regulations establish a tribunal to be known as the Bus User Complaints Tribunal (referred to in this section as the “Tribunal”) for the purpose of determining any written complaint made by or on behalf of any individual—
(a) about the manner in which a relevant complaint has been dealt with; or
(b) appealing against a decision made on a relevant complaint.
(2) Any Tribunal established by virtue of subsection (1) above shall consist of—
(a) a convener; and
(b) two other members,
appointed by the Scottish Ministers.
(3) Regulations under subsection (1) above may in particular make provision for or in connection with—
(a) the form of written complaints and the time within which they may be submitted for determination by the Tribunal;
(b) the procedure to be followed by the Tribunal in determining complaints;
(c) the matters to which the Tribunal shall have regard in determining complaints;
(d) the powers of the Tribunal on making determinations (including, without prejudice to the generality of this paragraph, power requiring the payment of compensation);
(e) the tenure of office of members of the Tribunal;
(f) the payment of remuneration and allowances to members of the Tribunal;
(g) the making of reports to the Scottish Ministers on such matters, and at such times, as may be specified in the regulations;
(h) requiring the Scottish Ministers to lay before the Scottish Parliament copies of any reports made under paragraph (g) above;
(i) the making of reports to the traffic commissioner on such matters, and at such times, as may be specified in the regulations;
(j) appeals from determinations of the Tribunal;
(k) such other matters as the Scottish Ministers consider necessary or expedient for the purpose of enabling the Tribunal to perform its functions.
(4) Where a Tribunal is established by virtue of subsection (1) above, the traffic commissioner shall—
(a) provide, or make available, to the Tribunal such staff as the Scottish Ministers consider necessary;
(b) pay—
(i) any remuneration and allowances due to members of the Tribunal or staff of the Tribunal; and
(ii) any other expenses relating to the establishment or operation of the Tribunal; and
(c) provide the Tribunal with such other assistance as it may reasonably request for the purposes of performing its functions.
(5) Any compensation payable by virtue of subsection (3)(d) above shall be recoverable as a civil debt.
(6) The Scottish Ministers shall pay to the traffic commissioner such amount as is agreed between them to be appropriate to reimburse any expenditure incurred by the commissioner by virtue of subsection (4) above.
(7) In subsection (1) above “relevant complaint” means any written complaint made by or on behalf of any individual to an operator of local services which relates to the operation of any local service operated by such operator.
In subsection (4) of section 7 of the 1985 Act (reasons for which traffic regulation conditions may be determined)—
(a) the word “or” immediately after paragraph (a) is repealed; and
(b) after paragraph (b) there shall be inserted “; or
(c) reduce or limit noise or air pollution.”.
(1) A local transport authority may, in connection with the formulation of their relevant general policies, require an operator of local services to provide them with any information relating to the matters mentioned in subsection (2) below which is in the possession or control of the operator; and the operator shall comply with any such requirement.
(2) The matters 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 such area;
(b) the structure of fares for those journeys; and
(c) the total distance covered by vehicles used by the operator in operating those local services.
(3) An operator may be required to provide information under this section in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect the operator to provide it.
(4) Subject to subsection (5) below, no information which—
(a) has been provided to a local transport authority 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 by such authority during the lifetime of the individual or while the business continues to be carried on.
(5) Subsection (4) above does not apply to a disclosure—
(a) made with the consent of the individual or the person for the time being carrying on the business;
(b) of information provided by virtue of section 10(3) or 24(3) of this Act;
(c) made in connection with the investigation of crime or for the purposes of criminal proceedings;
(d) made for the purposes of civil proceedings brought by virtue of this Act or the 1985 Act;
(e) made in order to comply with the order of a court or tribunal; or
(f) made in respect of a local service—
(i) if the operator of such service has given notice in writing to the local transport authority or the traffic commissioner of the operator’s intention to cease operating such service from a date specified in the notice; or
(ii) if, having failed to provide notice such as is mentioned in sub-paragraph (i) above, such operator has ceased to operate such service.
(6) A local transport authority who, without reasonable excuse, disclose information in contravention of subsection (4) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) Where an offence under subsection (6) above committed by a local transport authority is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person employed by the authority, the person as well as the authority is guilty of the offence and liable to be proceeded against and punished accordingly.
(1) The Scottish Ministers may by regulations make provision for or in connection with—
(a) the imposition by approved local authorities of charges in respect of bus lane contraventions; and
(b) the payment of such charges.
(2) An authority is an approved local authority if—
(a) an order designating the whole or any part of their area has been made under paragraph 1(1)(d) or 2(1)(c) of Schedule 3 to the Road Traffic Act 1991 (c. 40) (permitted and special parking areas outside London); and
(b) the Scottish Ministers have made an order specifying them as an approved local authority for the purposes of this section.
(3) 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.
(4) For the purposes of subsection (3) above, an area of road is or forms part of a bus lane if the order in question provides that it may be used—
(a) only by buses; or
(b) only by buses and some other class or classes of traffic specified in the order.
(5) Regulations under subsection (1) above shall include provision—
(a) for the setting of the rates of charges (which may include provision for surcharges or discounts) by approved local authorities;
(b) that any rates set by virtue of paragraph (a) above shall be effective only if they have been approved by the Scottish Ministers;
(c) specifying that any charge shall be paid—
(i) by the registered keeper of the motor vehicle; or
(ii) in such circumstances as may be specified in the regulations, by such other person as may be so specified;
(d) permitting the imposition of a charge only on the basis of a record produced by an approved device;
(e) securing that a charge in respect of a bus lane contravention shall not require to be paid, or shall be refunded, where—
(i) the contravention is the subject of criminal proceedings; or
(ii) a fixed penalty notice has been given in respect of the contravention; and
(f) that any sums paid by way of charges to an approved local authority shall be available only for application by such authority for the purpose of directly or indirectly facilitating the achievement of policies in such authority’s local transport strategy.
(6) Regulations under subsection (1) above may—
(a) specify exemptions from charges; and
(b) make provision about the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges.
(7) The Scottish Ministers may make regulations about the notification, adjudication and enforcement of charges.
(8) Regulations under subsection (7) above may include—
(a) provision creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as may be prescribed by the regulations; and
(b) provision for or in connection with permitting sufficient evidence of a fact to be given by the production of a record produced by an approved device with a certificate as to the circumstances in which the record was produced,
but may not confer power to stop motor vehicles.
(9) In this section—
“approved device” means a device of a description specified in an order made for the purposes of this section by the Scottish Ministers;
“experimental traffic order” means an order under section 9 of the Road Traffic Regulation Act 1984 (c. 27);
“fixed penalty notice” has the same meaning as in Part III of the Road Traffic Offenders Act 1988 (c. 53); and
“temporary traffic restriction order” means an order under section 14 or 16A of the Road Traffic Regulation Act 1984 (c. 27).
In section 6 of the 1985 Act (registration of local services)—
(a) in subsection (3), for the words “subsection (2) above” there shall be substituted “this section”; and
(b) after subsection (8) there shall be inserted—
“(8A) Where a service is registered under this section or, as the case may be, a registration is varied under this section, the operator of the service which has been registered, or in respect of which the registration has been varied, shall provide that service for a period of at least 90 days (or, as the case may be, such other period as the traffic commissioner may specify) beginning with the day on which the period of notice expires or, as the case may be, the variation becomes effective.”.
In section 6 of the 1985 Act (registration of local services)—
(a) after paragraph (d) of subsection (9) there shall be inserted—
“(da) subject to subsection (10) below, specifying dates as the only dates on which the operator of a local service in the area (or areas) of such local authority (or authorities) as may be specified in the regulations may vary a registration in so far as it relates to the scheduled times of the local service in respect of which the registration is made;”; and
(b) after subsection (9) there shall be inserted—
“(10) Regulations making provision such as is mentioned in subsection (9)(da) above may not—
(a) have effect for a period of more than three years;
(b) specify more than four dates in a calendar year as dates on which a registration may be varied.”.
(1) In considering whether to make a quality partnership scheme, quality contract scheme or ticketing scheme a local transport authority shall have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.
(2) A local transport authority shall, in determining their opinion under paragraph (a) of section 35 of this Act, have regard to the desirability, in appropriate cases, of carrying out their functions under sections 33 and 34 of this Act jointly with another authority (whether as respects the whole or any part of their combined area).
(3) Local transport authorities shall in carrying out their functions—
(a) under this Part of this Act in relation to quality partnership schemes, quality contract schemes and ticketing schemes; and
(b) under sections 33 and 34 of this Act,
co-operate with one another.
(1) In this Part of this Act—
“community bus permit” means a permit under section 22 of the 1985 Act;
“local service” has the meaning given by section 2 of the 1985 Act;
“operational date” shall be construed in accordance with section 14(1) of this Act;
“police area” means a police area within the meaning of section 1(2) of the Police (Scotland) Act 1967 (c. 77);
“quality contract” has the meaning given by section 13(6) of this Act;
“relevant general policies”, in relation to a local transport authority, means the authority’s local transport strategy and—
where the authority is a local authority, the policies formulated by them from time to time under section 63(2)(b) of the 1985 Act;
where the authority is the Strathclyde Passenger Transport Authority, the policies formulated by them from time to time under section 9A(1) of the Transport Act 1968 (c. 73);
“specified facilities” shall be construed in accordance with section 3(3)(a) of this Act;
“specified standard” shall be construed in accordance with section 3(3)(b) of this Act;
“traffic commissioner” means the person appointed from time to time to be the commissioner for Scotland under section 4 of the Public Passenger Vehicles Act 1981 (c. 14); and
“traffic regulation order” means an order under—
the Road Traffic Regulation Act 1984 (c. 27); or
any other enactment (other than this Act),
regulating the use of roads or other places by public service vehicles.
(2) In this Part of this Act the following expressions have the same meaning as in the Public Passenger Vehicles Act 1981 (c. 14)—
“fares”;
“modification”;
“public service vehicle”; and
“PSV operator’s licence”.
(3) References in this Part of this Act to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the 1985 Act.
Transport (Scotland) Act 2001