Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Advanced quality partnership schemes
In Part 2 of the Transport Act 2000 (local transport), after section 113B insert—
Schedule 1 contains further amendments relating to advanced quality partnership schemes.
Subsection (2) applies in relation to a quality partnership scheme under section 114 of the Transport Act 2000 that—
is in operation, or made but not yet in operation, immediately before the commencement date, and
at that time relates only to the areas of one or more local transport authorities in England.
Subsection (4) applies in relation to a quality partnership scheme that, as varied under section 120 of the Transport Act 2000 after the commencement date, relates only to the areas of one or more local transport authorities in England.
The scheme is to be treated from the date on which the scheme as varied comes into operation as if it were an advanced quality partnership scheme that had been made under section 113C of the Transport Act 2000.
In this section “the commencement date” is the date on which section 1 comes into force for all purposes.
Franchising schemes
In Part 2 of the Transport Act 2000, after section 123 insert—
After section 143 of the Transport Act 2000 insert—
Schedule 2 contains further amendments relating to franchising schemes.
Advanced ticketing schemes
In Part 2 of the Transport Act 2000, after section 134B insert—
Schedule 3 contains further amendments relating to advanced ticketing schemes.
Enhanced partnership plans and schemes
In Part 2 of the Transport Act 2000, after section 138 insert—
The Transport Act 1985 is amended as follows.
In section 6 (registration of local services), after subsection (2B) insert—
In section 6, after subsection (2C) (inserted by subsection (2)) insert—
In section 6, in subsection (9) (regulations for carrying section 6 into effect), after paragraph (h) insert—.
After section 6C (inserted by section 19) insert—
The Transport Act 1985 is amended as follows.
In section 6, after subsection (7A) insert—
After section 6D (inserted by section 11) insert—
After section 6E of the Transport Act 1985 (inserted by section 12) insert—
The Transport Act 1985 is amended as follows.
After section 6F (inserted by section 13) insert—
After section 6G (inserted by subsection (2)) insert—
After section 6H (inserted by subsection (3)) insert—
Schedule 4 contains further amendments relating to enhanced partnership plans and schemes.
Powers to make traffic regulation orders
The Road Traffic Regulation Act 1984 is amended as follows.
In section 1 (traffic regulation orders outside Greater London), in subsection (3A), after “facilities” insert “ or for the taking of relevant bus scheme measures ”.
In section 1(3B), before paragraph (a) insert—.
In section 1(3B), in paragraph (a), for “Part 2 of the Transport Act 2000” substitute “ that Part ”.
In section 1(3B), after paragraph (a), insert—.
In section 1(3B), after paragraph (b) insert—
In section 1, after subsection (3B) insert—
In Schedule 9 (special provisions as to certain orders), in paragraph 27 (variation or revocation of orders under section 1 etc), in sub-paragraph (1), for “and (3)” substitute “ , (2A), (3) and (4) ”.
In paragraph 27 of that Schedule, after sub-paragraph (2) insert—
In paragraph 27 of that Schedule, after sub-paragraph (3) insert—
Information for bus passengers
After section 181 of the Equality Act 2010 insert—
In section 207 of that Act (exercise of power to make orders and regulations), in subsection (5), after “174(4)” insert “ , 181A(5), 181B(6) ”.
In section 208 of that Act (procedure for orders and regulations), in subsection (5) (statutory instruments subject to affirmative procedure), after paragraph (f) insert—.
In section 26 of the Transport Act 1985 (conditions attached to PSV operators' licence), in subsection (1), after paragraph (bb) insert—.
In section 39 of the Transport (Scotland) Act 2001 (penalties), in subsection (1)—
omit the “or” following paragraph (b);
after paragraph (c) insert.
Information about English bus services
After section 141 of the Transport Act 2000 insert—
In section 155(1)(c) of that Act (sanctions), at the end insert “ or with regulations under section 141A of this Act ”.
In section 160 of that Act (regulations and orders under Part 2)—
in subsection (2), after “138F(10), 138G(9)” (inserted by Schedule 4 to this Act) insert “ or 141A(1) or ”;
In section 6 of the Transport Act 1985 (registration), at the end of subsection (9)(e) insert “ (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) ”.
Registration of bus services
After section 6B of the Transport Act 1985 insert—
In section 155(1) of the Transport Act 2000 (sanctions), after paragraph (aa) insert—.
In section 6 of the Transport Act 1985 (registration of local services), in subsection (1), after “(1A)” insert “ or (1D) ”.
After subsection (1C) of that section insert—
In section 179 of the Greater London Authority Act 1999 (London local services), for subsection (3) substitute—
After section 6I of the Transport Act 1985 (inserted by section 14) insert—
Bus companies: authorities in England
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General
The Secretary of State may by regulations make such provision as appears to the Secretary of State to be appropriate in consequence of any provision made by or under this Act.
The power conferred by subsection (1) includes power to amend, repeal, revoke or otherwise modify—
an Act passed before or in the same Session as this Act, or
an instrument made under an Act before the regulations come into force.
Regulations under this section must be made by statutory instrument.
A statutory instrument which contains (whether alone or with other provision) regulations under this section that amend or repeal a provision of an Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument which contains any other regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
Regulations under this section must be made by statutory instrument.
A statutory instrument which contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
This Act extends to England and Wales only, subject to the following subsections.
Section 17(6) extends to Scotland only.
The following come into force on the day on which this Act is passed—
section 23;
section 24;
section 25;
this section;
section 27.
Section 17 comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
The remaining provisions of this Act—
come into force, for the purposes of making regulations or orders, on the day on which this Act is passed, and
come into force, for remaining purposes, at the end of the period of two months beginning with the day on which this Act is passed.
This Act may be cited as the Bus Services Act 2017.
Further amendments: advanced quality partnership schemes
Transport Act 1985 (c. 67)
The Transport Act 1985 is amended as follows.
Section 6 (registration of local services) is amended as follows.
In subsection (2A), in paragraph (a)—
after “section” insert “ 113D(1) or ”;
for “(quality” substitute “ (advanced quality partnership schemes and quality ”.
Section 6A (applications for registration where restrictions are in force) is amended as follows.
In subsection (1), in paragraph (a)—
after “section” insert “ 113D(1) or ”;
after “case of” insert “ an advanced quality partnership scheme or ”.
In subsection (8), in paragraph (c), after “section” insert “ 113J(4) or (5) or ”.
In subsection (12)—
at the appropriate place insert—;
for the definition of “registration criteria” substitute—;
in the definition of “relevant operator”, in paragraph (a), after “section” insert “ 113J(4) or (5) or ”.
In section 26 (conditions attached to a PSV operator's licence), in subsection (1), in paragraph (b), after “section or section” insert “ 113J(4) or (5), ”.
In section 82 (bus stations: restrictions on discriminatory practices, etc), in subsection (4A), in the words before paragraph (a), after “to” insert “ an advanced quality partnership scheme or ”.
Transport Act 2000 (c. 38)
The Transport Act 2000 (as amended by the Local Transport Act 2008) is amended as follows.
Section 114 (quality partnership schemes) is amended as follows.
In subsection (1), at the end insert “(but this is subject to subsection (1A)).
After subsection (1) insert—
Section 153 (competition test: functions and agreements relating to buses) is amended as follows.
In subsection (1), in paragraph (a), after “to” insert “ advanced quality partnership schemes, ”.
In subsection (3), in the definition of “voluntary agreement”, after “under” insert “ sections 113C to 113O (advanced quality partnership schemes), or under ”.
In section 155 (sanctions), in subsection (1), in paragraph (b), after “section”, in the second place it occurs, insert “ 113J(4) or (5), ”.
In section 162 (interpretation of Part 2), in subsection (1), at the appropriate place insert—.
Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.
In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—
in sub-paragraph (1), before paragraph (a) insert—;
in sub-paragraph (2), before paragraph (a) insert—.
In paragraph 12 (enforcement of decisions of Competition and Markets Authority), in sub-paragraph (2)(b), after “varying” insert “ an advanced quality partnership scheme, ”.
In paragraph 17 (interpretation of Part 2 of Schedule 10), in sub-paragraph (5)(c), at the beginning insert “ an advanced quality partnership scheme, ”.
Further amendments: franchising schemes
Transport Act 1985 (c. 67)
The Transport Act 1985 is amended as follows.
In section 6 (registration of local services)—
in subsection (2B) (registration in quality contract scheme cases), in paragraph (a), after “force” insert “ in relation to an area in Wales ”;
in subsection (7A) (variation of registration in quality contract scheme cases), in paragraph (a), after “force” insert “ in relation to an area in Wales ”.
Section 26 (conditions attached to a PSV operator's licence) is amended as follows.
In subsection (1) (circumstances in which conditions may be imposed), in paragraph (b), after “118(4)” insert “ , 123J(3) ”.
In subsection (1)(bza), after “section” insert “ 123X(7)(c), ”.
In subsection (1), after paragraph (ba) (and the “or” following it) insert—
In section 66 (powers of councils to run bus undertakings), in subsection (1), for “and to section” substitute “ and to sections 123O and ”.
Transport Act 2000 (c. 38)
The Transport Act 2000 (as amended by the Local Transport Act 2008) is amended as follows.
In the heading preceding section 124, after “schemes” insert “ in Wales ”.
Section 124 (quality contracts schemes) is amended as follows.
In subsection (1), after “authority”, in the first place it occurs, insert “ for an area in Wales ”.
Omit subsections (1A) and (1B).
In subsection (2)—
at the end of paragraph (a), insert “ and ”;
in paragraph (b), omit “in the case of a scheme for an area in Wales,”;
omit paragraph (c) and the “and” preceding it.
Omit subsection (2A).
In subsection (9)—
after “authority”, in the first place it occurs, insert “ for an area in Wales ”;
after “another” insert “ such ”.
Omit subsection (9A).
Omit subsections (11) to (13).
In section 125 (notice and consultation requirements)—
in subsection (1)—
at the end of paragraph (b), insert “ and ”;
omit paragraph (d) and the “and” preceding it;
in subsection (1A)(b), omit “or, as the case may be, (1A)”;
in subsection (3)(e), omit “if the proposed scheme relates to an area in Wales,”.
In section 126 (approval of proposed schemes for areas in Wales), omit subsection (A1).
Omit sections 126A to 126E (QCS boards for schemes for areas in England).
In section 127 (making of scheme)—
in subsection (1), omit paragraph (a);
in subsection (1)(b), omit “in the case of a scheme for an area in Wales,”;
omit subsection (1A);
in subsection (1B), omit paragraph (a) and the “and” following it;
in subsection (10), omit “(1A),”.
Omit sections 127A and 127B (appeals: schemes for areas in England).
In section 131A (continuation of schemes for further periods)—
in subsection (2)—
in paragraph (a), omit “, if the scheme is for an area in Wales, or”;
omit paragraph (b);
omit subsection (4);
in subsection (5)—
in paragraph (b), omit “or, as the case may be, paragraphs (b) to (d) of section 124(1A)”;
in paragraph (c), omit “or, as the case may be, (1A)”.
Omit section 131C (continuation of schemes for areas in England: procedure).
In section 131E (appeals where proposed continuation considered exempt), in subsection (13), omit the words from “If” to “Wales,”.
Omit section 131F (appeals where proposed continuation considered non-exempt).
In section 132 (variation or revocation of scheme)—
in subsection (2), omit “or those set out in subsection (1A)(a) to (d) of that section”;
in subsection (4A), omit paragraph (b);
in subsection (5), omit paragraphs (a) to (c) and the “or” following paragraph (c);
omit subsections (6) to (8).
In section 132A (appeals where proposed variation considered exempt), in subsection (12), omit the words from “If” to “Wales,”.
In section 132B (exemption from section 132 for specific variations directed by Tribunal), omit subsection (1)(a).
In section 133 (regulations about schemes)—
in subsection (1)(b), omit “for areas in Wales”;
omit subsection (1)(bb) and (bc);
in subsection (2)(e), omit “for areas in Wales”;
omit subsection (2)(ef) to (ei);
omit subsection (3)(a);
omit subsection (4)(b).
Section 155 (sanctions imposed by traffic commissioners) is amended as follows.
In subsection (1) (when sanctions may be imposed), in paragraph (ba), after “section” insert “ 123X(7)(c), ”.
After subsection (1) insert—
After subsection (1ZB) (inserted by Schedule 4) insert—
Section 160 (regulations and orders under Part 2) is amended as follows.
In subsection (2), after “than” insert “ regulations under section 123A(4) ”.
After subsection (2) insert—
Section 162 (interpretation of Part 2) is amended as follows.
In subsection (1) (specific terms), at the appropriate place insert—;;;;;;;.
In subsection (1), in the definition of “appropriate national authority”, omit paragraph (a) (meaning for schemes relating to areas in England).
In subsection (1), omit the definition of “QCS board”.
In subsection (4) (interpretation of references to Integrated Transport Authorities), omit the following entries— “ section 124(4)(a), (5) and (7), ”; “ section 127(3A), ”; “ section 127A(7), ”; “ section 130, ”; “ section 131, ”; “ section 132C, ”; “ section 132D, ”.
Local Transport Act 2008 (c. 26)
The Local Transport Act 2008 is amended as follows.
Omit section 27 (appeals against making of quality contract schemes in England).
Omit section 33 (continuation of quality contract schemes for areas in England).
Omit section 36 (appeals where proposed continuation of scheme considered non-exempt).
Further amendments: advanced ticketing schemes
Transport Act 1985 (c. 67)
The Transport Act 1985 is amended as follows.
In section 26 (conditions attached to a PSV operator's licence), in subsection (1)(ba), after “section” insert “ 134F, ”.
Transport Act 2000 (c. 38)
The Transport Act 2000 (as amended by the Local Transport Act 2008) is amended as follows.
Section 135 (joint and through ticketing schemes) is amended as follows.
In subsection (1), at the end insert—
After subsection (1) insert—
In section 153 (competition test: functions and agreements relating to buses), in subsection (1)(a), after “partnership schemes,” insert “ advanced ticketing schemes, ”.
In section 155 (sanctions), in subsection (1)(c), after “section” insert “ 134F, ”.
Section 162 (interpretation of Part 2) is amended as follows.
In subsection (1), in the definition of “connecting rail or tram service” for “service”” substitute.
In subsection (1), at the appropriate place insert—.
Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.
In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—
in sub-paragraph (1), after paragraph (a) insert—;
in sub-paragraph (2), after paragraph (a) insert—.
In paragraph 12 (enforcement of decisions of Competition and Markets Authority), in sub-paragraph (2)(b), after “partnership scheme” insert “ , an advanced ticketing scheme ”.
Further amendments: enhanced partnership plans and schemes
Transport Act 1985 (c. 67)
The Transport Act 1985 is amended as follows.
After subsection (3) insert—
After subsection (14) insert—
Section 26 (conditions attached to a PSV operator's licence) is amended as follows.
In subsection (1) (when conditions may be attached), in paragraph (b), for “or 129(1)(b)” substitute “ , 129(1)(b) or 138J(9) ”.
In subsection (1)(bza), after “134B(7)(c)” insert “ or 138S(7)(c) ”.
In subsection (1)(baa) (inserted by Schedule 2), after “143A” insert “ or 143B ”.
Transport Act 2000 (c. 38)
The Transport Act 2000 (as amended by the Local Transport Act 2008) is amended as follows.
In section 153 (competition test: functions and agreements relating to buses), in subsection (1)(a) (applying tests in relation to the exercise of functions relating to quality partnership schemes, etc), after “ticketing schemes” insert “ , enhanced partnership schemes ”.
Section 155 (sanctions relating to Part 2 of the Act) is amended as follows.
In subsection (1)(b), for “or 129(1)(b)” substitute “ , 129(1)(b) or 138J(9) ”.
In subsection (1)(ba), after “134B(7)(c)” insert “ or 138S(7)(c) ”.
After subsection (1ZA) (inserted by Schedule 2) insert—
After subsection (1ZC) (inserted by Schedule 2) insert—
Section 160 (regulations and orders under Part 2) is amended as follows.
In subsection (2), after “regulations under section 123A(4)” (inserted by Schedule 2 to this Act) insert “ , 138F(10), 138G(9) ”.
In subsection (2A) (inserted by Schedule 2 to this Act), after “regulations under section 123A(4)” insert “ , 138F(10), 138G(9) ”.
In section 162 (interpretation of Part 2 of the Act), in subsection (1), at the appropriate place insert—.
Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.
In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—
after sub-paragraph (1)(b) (and before the “and”) insert—;
after sub-paragraph (2)(b) (and before the “and”) insert—.
In paragraph 12 (enforcement of decisions of Competition and Markets Authority), in sub-paragraph (2)(b), for “or a ticketing scheme” substitute “ , a ticketing scheme or an enhanced partnership scheme ”.
In paragraph 17 (interpretation of Part 2 of Schedule 10), in sub-paragraph (5)(c), after “scheme” insert “ , an enhanced partnership scheme ”.