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Bus Services Act 2025

Sections56Effects5

Statutes amended

5 affected Acts; 24 amendments in total. Each block shows the target Act's text with this Act's changes applied.

Transport Act 2000

20 amendments · open Act

  1. Section 123A(4)1 change

    123A Franchising schemes

    subsections (1) – (3) unchanged

    4 In this Part "franchising authority" means a mayoral combined authority or a mayoral CCAa local transport authority whose area is in England.

    subsection (5) unchanged

  2. Section 123B(3)(b)1 change

    123B Assessment

    subsections (1) – (2) unchanged

    3 The assessment must also include consideration of—
    a whether the proposed scheme would contribute to the implementation of—
    i the authority's or authorities' policies under section 108(1)(a), and
    ii other policies affecting local services that the authority or authorities have adopted and published,
    b the outcome of any consultation required by section 123Ewhether the proposed scheme would contribute to the implementation—
    i by neighbouring local transport authorities of those authorities' policies under section 108(1)(a), and
    ii by neighbouring relevant local authorities of other policies affecting local services that those authorities have adopted and published,

    paragraphs (c) – (f) unchanged

    subsections (4) – (6) unchanged

  3. Section 123C2 changes, 1 deletion

    123C Secretary of State consent to franchising and notice requirementsNotice of assessment

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    3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    4 Before preparing an assessment of a proposed franchising scheme under section 123B, the authoritya franchising authority or authorities must publish, in such manner as they consider appropriate, a notice stating that they intend to prepare such an assessment.
  4. Section 123D5 changes, 1 deletion

    123D AuditReport on assessment of proposed scheme

    1 If, after preparing an assessment of a proposed franchising scheme under section 123B, the authority or authorities wish to proceed with the proposed scheme, they must obtain a report from an independent auditor on that assessment.A franchising authority, or two or more franchising authorities acting jointly, may not proceed with a proposed franchising scheme unless they have obtained a report from an independent approved person on the assessment of the proposed scheme (see section 123B).
    2 The auditor's report must state whether, in the opinion of the auditorapproved person—
    a the information relied on by the authority or authorities in considering the matters referred to in section 123B(3)(d) or (ed) and (e) is of sufficient quality,

    paragraphs (b) – (c) unchanged

    3 The Secretary of State must issue guidance as to—
    a the time at which it is appropriate to appoint an approved person to produce a report for the purposes of subsection (1), and
    b the matters to be taken into account by a franchising authority when selecting such a person, including for the purposes of determining whether a person is independent.

    subsection (4) unchanged

    5 The Secretary of State must issue guidance concerning the matters to be taken into account by an auditorapproved person when forming an opinion as to whether the information relied on, and the analysis of that information, by an authority is of sufficient quality for the purposes of subsection (2).
    6 AuditorsApproved persons must have regard to any such guidance.
    7 For the purposes of this section an auditor is independent, in relation to an assessment of a proposed franchising scheme, if the person would not be disqualified from acting as local auditor of the accounts of the franchising authority, or any of the franchising authorities, under section 1214 of the Companies Act 2006 as substituted by paragraph 5 of Schedule 5 to the Local Audit and Accountability Act 2014.
    8 In this section "approved person" means a person eligible for appointment as a local auditor by virtue of Chapter 2 of Part 42 of the Companies Act 2006 as modified by Schedule 5 to the Local Audit and Accountability Act 2014a person specified, or of a description specified, in regulations made by the Secretary of State.
  5. Section 123E(4)(a)1 insertion

    123E Consultation

    subsections (1) – (3) unchanged

    4 After giving notice under subsection (2)(d), the authority or authorities must consult—
    a all persons operating local services which have one or more stopping places in the area or areas to which the proposed scheme relates,

    paragraphs (b) – (i) unchanged

    subsections (5) – (6) unchanged

  6. Section 123H1 insertion

    123H Making and publication of scheme

    subsections (1) – (2) unchanged

    2A Where a scheme specifies more than one area under subsection (2)(a), the areas specified need not be contiguous.

    subsections (3) – (9) unchanged

  7. Section 123H1 insertion

    123H Making and publication of scheme

    subsections (1) – (2A) unchanged

    2B Local services may be specified for the purposes of subsection (2)(b)—
    a by reference to the routes or places intended to be served,
    b by describing the intended services in general terms,
    c by any combination of the ways specified in paragraphs (a) and (b) of this subsection, or
    d in such other way as the authority or authorities think fit so as to enable the intended services to be identified.

    subsections (3) – (9) unchanged

  8. Section 123H(4)1 deletion

    123H Making and publication of scheme

    subsections (1) – (3) unchanged

    4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    subsections (5) – (9) unchanged

  9. Section 123J1 insertion

    123J Effect of local service contracts: registration requirements and provision of services

    subsections (1) – (4) unchanged

    4A Subsection (2) does not apply in relation to a local service which is provided under a service permit.

    subsections (5) – (8) unchanged

  10. Section 123J(5)1 change

    123J Effect of local service contracts: registration requirements and provision of services

    subsections (1) – (4A) unchanged

    5 Subsections (2) and (3) do not apply in relation to—
    a a local service which is excepted from regulation arising because of the proposed scheme by any provision of the scheme that is made under section 123H(5),
    b the use of a vehicle under a permit granted under section 22 of the Transport Act 1985, or, or
    c a service falling within subsection (8).

    subsections (6) – (7) unchanged

    8 A service falls within this subsection if it is a local service provided under an agreement entered into, where a service for the carriage of passengers by railway or tramway has been temporarily interrupted—
    a under section 40 of the Railways Act 2005 (substitute road services), or
    b with the person who usually provides the railway or tramway service.
  11. Section 123M2 changes, 1 deletion

    123M Variation of scheme

    subsections (1) – (2) unchanged

    3 The notice of the decision must state the date or dates on which the variations of the scheme are to have effect.
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    subsections (5) – (6A) unchanged

    7 The references in subsections (1) to (6A) and Schedule 9A to the franchising authority or authorities in relation to a franchising scheme include a reference to a franchising authority who are not operating the scheme but would do so under a proposed variation.
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  12. Section 123N(2)(a)1 insertion

    123N Revocation

    subsection (1) unchanged

    2 The authority or authorities may revoke the scheme if they are satisfied that—
    a local services which have one or more stopping places in the area to which the scheme relates are likely to be better if the scheme did not apply,

    paragraph (b) unchanged

  13. Section 123Q1 change, 2 insertions

    123Q Application for service permit

    subsections (1) – (5) unchanged

    5A If the application is for a service permit for a cross-boundary service, the authority or authorities may grant the permit applied for if they are satisfied that—
    a the benefits to persons making journeys on the proposed service will outweigh any adverse effect on any local service that is provided under a local service contract in the area to which the scheme relates, or
    b the benefits of the proposed service to the economy of the relevant area, or to persons living in that area, will outweigh any such adverse effect.
    5B If the application is for a service permit for a service that is not a cross-boundary service, the authority or authorities may grant the permit applied for if they are satisfied that the benefits of the proposed service to the economy of the area to which the scheme relates, or to persons living in that area, will outweigh any adverse effect on any local service that is provided under a local service contract in that area.
    6 The authority or authorities may not grant the service permit applied for except under subsection (5), (5A) or (5B).

    subsections (7) – (8) unchanged

  14. Section 123Q(5)(a)1 insertion

    123Q Application for service permit

    subsections (1) – (4) unchanged

    5 The authority or authorities must grant the service permit applied for if they are satisfied that—
    a the proposed service will benefit persons making journeys on local services which have one or more stopping places in the area to which the scheme relates, and

    paragraph (b) unchanged

    subsections (6) – (8) unchanged

  15. Section 123R(5)(a)1 insertion

    123R Conditions

    subsections (1) – (4) unchanged

    5 A condition may require—
    a information to be provided to the authority or authorities about local services which have one or more stopping places in the area to which the scheme relates,

    paragraph (b) unchanged

  16. Section 138A(6)(b)2 changes

    138A Enhanced partnership plans and schemes

    subsections (1) – (5) unchanged

    6 An enhanced partnership scheme may also—
    a require the authority or authorities to provide particular facilities in the area to which the scheme relates (see section 138D),
    b require the authority or authorities to take particular measures in relation to routes inlocal services in the whole or part of that area (see section 138D), and

    paragraph (c) unchanged

    subsections (7) – (9) unchanged

  17. Section 138C(9)1 change

    138C Requirements in respect of local services

    subsections (1) – (8) unchanged

    9 The requirements that may be specified in an enhanced partnership scheme also include requirements—
    a as to operators of local services establishing and operating arrangements that facilitate the operation of the scheme;
    b that persons using local services in the area to which the scheme relates benefit from any reduction in the cost of operating those services that results from facilities provided or measures taken by—
    i the Secretary of State,
    ii a local transport authority, or
    iii any other person exercising functions of a public nature.
  18. Section 138F(2)(c)1 change, 1 insertion

    138F Preparation, notice and consultation

    subsection (1) unchanged

    2 A notice under subsection (1)(c) must—
    a contain full details of the plan and scheme prepared,
    b state the effect of subsection (5), and
    c require any objections to be made before the end of such period as may be specified in the noticethe period of 28 days beginning with the day on which the notice is given ("the objection period").

    subsections (3) – (4) unchanged

    4A A local transport authority or authorities may give notice of a proposal under subsection (1)(d) before the end of the objection period if every person to whom the notice under subsection (1)(c) is required to be given has confirmed in writing that they do not intend to object.
    5 A local transport authority or authorities may not give notice of a proposal under subsection (1)(d) if, within the period for objections stated in the notice under subsection (1)(c)objection period—

    paragraphs (a) – (b) unchanged

    subsections (6) – (10) unchanged

  19. Section 141A(2)1 change, 1 insertion

    141A Power to require provision of information about English bus services

    subsection (1) unchanged

    2 The information that may be prescribed is such information within subsection (3) as appears to the Secretary of State to be required—
    a in order to make information about relevant local services available to users or prospective users of those services, or
    b in order to facilitate the exercise of functions relating to the registration of relevant local services., or
    c in order to monitor the provision of relevant local services and to facilitate the exercise of functions by the Secretary of State.
    3 The information within this subsection is—
    a information about routes, stopping places, timetables, fares and tickets, tickets and passenger numbers,

    paragraphs (b) – (c) unchanged

    subsections (4) – (8) unchanged

  20. Section 143A(5)1 deletion

    143A Power to obtain information: franchising schemes

    subsections (1) – (4) unchanged

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Public Service Obligations in Transport Regulations 2023

1 amendment · open Act

  1. 3 changes, 1 insertion

    Regulation 9 Duration of public service contracts

    paragraphs (1)(a) – (1)(b) unchanged

    1
    c entered into under regulation 16A (direct award of bus contracts to incumbent operators) or regulation 17 (direct award in exceptional circumstances),

    paragraphs (2) – (3) unchanged

    4 … (measures), regulation 16A (direct award of bus contracts to incumbent operators).

Bus Services Act 2017

1 amendment · open Act

  1. Section 221 deletion

    22 Bus companies: limitation of powers of authorities in England

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Transport Act 1985

1 amendment · open Act

  1. Section 6(9)(e)1 change, 2 insertions

    6 Registration of local services

    subsections (1) – (8) unchanged

    9 Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular, make provision—

    paragraphs (a) – (d) unchanged

    da in the case of regulations made by the Secretary of State, for the prescribed particulars in respect of a service to be given to such persons as may be prescribed;
    e for an application for registration or for the variation or cancellation of a registration not to be accepted by a traffic commissioner unless the applicant gives to a traffic commissioner such information as a traffic commissioner may reasonably require in connection with the application (or, if the applicant is subject to requirements imposed by regulations made by virtue of section 141A(1)(a) of the Transport Act 2000, complies with those requirements)in the case of regulations made by the Secretary of State, for an application for registration, or for the variation or cancellation of a registration, not to be accepted by a traffic commissioner unless—
    i the applicant gives, to such persons as may be prescribed, such information as a traffic commissioner may reasonably require in connection with the application, or
    ii the applicant is subject to requirements imposed by regulations made by virtue of section 141A(1)(a) of the Transport Act 2000 and complies with those requirements;
    ea in the case of regulations made by the Welsh Ministers, for an application for registration, or for the variation or cancellation of a registration, not to be accepted by a traffic commissioner unless the applicant gives to a traffic commissioner such information as a traffic commissioner may reasonably require in connection with the application;

    paragraphs (f) – (l) unchanged

Public Passenger Vehicles Act 1981

1 amendment · open Act

  1. Section 241 change, 1 insertion

    24 Regulation of conduct of drivers, inspectors and conductors

    1 Regulations may make provision for regulating the conduct, when acting as such, of—
    a persons licensed to act as drivers of public service vehicles, and
    b inspectors and conductors of such vehicles; and
    c drivers, inspectors and conductors of tramcars.
    1A Regulations under subsection (1)(b) may, in particular, make provision about whether or not a person authorised to act as an inspector by a relevant authority may act in that capacity in relation to a relevant local service—
    a at times when the public service vehicle used to provide the service is outside the area of the authority (including when the vehicle is in Wales or Scotland);
    b which does not have a stopping place in the area of the authority.

    subsections (2) – (3) unchanged

    4 In this section and section 25 "inspector", in relation to a public service vehicle, means—
    a a person authorised to act as an inspector by the holder of the PSV operator's licence under which the vehicle is being used., and
    b in the case of a vehicle being used to provide a relevant local service, a person authorised to act as an inspector by a relevant authority.