Proposed amendments
289 amendments across 21 provisions
Clause 1 36
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“Additional functions of local councils with respect to local bus services in areas other than passenger transport areas
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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An advanced quality partnership scheme must include a description of the authority’s or authorities’ plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working.”
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Where a local transport authority or authorities make an advanced quality partnership scheme, the Secretary of State may by order make provision to confer upon that authority or authorities the functions to enforce traffic offences.
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a reduction in the deterioration of local services and the maintenance of quality levels of those services.”
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an improvement in the accessibility of the bus services network to individuals who may otherwise be excluded from accessing bus services due to age, disability, or geographical location.”
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requirements as to a scheme to reduce emission levels from vehicles used as part of the scheme.”
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An operator of local services may only provide local services if the scheme under which it provides services—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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Each advanced quality partnership scheme must, as a standard of service, require that new vehicles delivering local services meet the specifications of the low emission bus scheme as set out by the Office for Low Emission Vehicles in its 2015 document “Low Emission Bus Scheme: Guidance for participants” if the vehicle comes into service after 1st April 2019.”
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Each advanced quality partnership must specify, as a standard of service, that a reduced fare concessionary scheme is put in place for young people ages 16 to 19.”
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the plans described in the scheme for consulting in order to seek views on how well the scheme is working,”
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requirements as to the standard and type of vehicles to be used, taking account of emission levels.”
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appropriate representatives of any affected employees,”
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requirements about providing drivers with continuous training.”
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the Passengers’ Council,”
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In subsection (3)(ca) “appropriate representatives of any affected employees” means—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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requirements regarding performance of vehicles and the aggregate fleet in respect of air quality and carbon emissions.”
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National Park authorities,
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Each advanced quality partnership scheme must, as a standard of service, require that new vehicles delivering local services meet the specifications of the low emission bus scheme as set out by the Office for Low Emission Vehicles in its 2015 document “Low Emission Bus Scheme: Guidance for participants”.”
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Each advanced quality partnership scheme must specify as a standard of service that free bus travel must be provided for homeless families placed outside of their local authority area.”
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Each advanced quality partnership must specify, as a standard of service, that a reduced fare concessionary scheme is put in place for young people aged 16 to 19.”
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recognised trade unions or other representatives elected or appointed by employees,”
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national park authorities in England.”
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the minimum standards of service to be provided under the scheme,
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Clause 4 90
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the Competition and Markets Authority.”
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The terms as to standard of service that may be specified include terms about requirements which vehicles being used to provide the service must meet, including requirements about emissions or types of fuel or power.”
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A franchising scheme must include a description of the franchising authority’s or authorities’ plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working.”
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A local service contract must require that new vehicles delivering local services meet the specifications of the low emission bus scheme as set out by the Office for Low Emission Vehicles in its 2015 document “Low Emission Bus Scheme: Guidance for participants” if the vehicle comes into service after 1st April 2019.”
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the extent to which the proposed scheme would reduce vehicle emissions in the area of operation”.
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An award of any new franchise or contract shall not be made on the basis of labour costs estimated by the potential franchisee or contractor assuming labour costs for new employees at less than the labour cost of workers who are covered by TUPE protections in accordance with section 123X transferring to the new franchisee or contractor.”
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A local service contract must require that new vehicles delivering local services meet the specifications of the low emission bus scheme as set out by the Office for Low Emission Vehicles in its 2015 document “Low Emission Bus Scheme: Guidance for participants”.”
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a National Park authority”
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A local service contract must require local services provided under the contract to include free bus travel for homeless families placed outside of their local authority area.”
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In making an assessment of the proposed scheme, a franchising authority or authorities must be satisfied that—”
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such persons as appear to the authority or authorities to represent employees of persons falling within paragraph (a),”
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appropriate representatives of any affected employees,”
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how the operators of the franchise will seek to increase passenger representation through the life of the plan.”
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the Passengers’ Council”
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the extent to which not-for-profit bus operators can be integrated into a proposed scheme in order to contribute to the long term sustainability of the scheme.”
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the Competition and Markets Authority”
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whether the proposed scheme would be more efficient, effective and economic than any other option, taking into account any compensation payable to bus operators whose businesses would be wholly or partially expropriated by the scheme.”
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In subsection (4)(ca) “appropriate representatives of any affected employees” means—
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the effect of the proposed scheme on air quality and carbon emissions.”
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a National Park authority,
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a national park authority in England.”
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a description of the authority’s or authorities’ proposed plans for consulting in order to seek views on how well the scheme is working,”
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The consultation process must—
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The scheme must specify whether consideration has been given to the wider social, economic and environmental benefits of the scheme, in accordance with the Public Services (Social Value) Act 2012.”
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The auditor required by subsection (1) must be appointed by the Traffic Commissioner.”
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the Competition and Markets Authority.”
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recognised trade unions or other representatives elected or appointed by employees who would be affected by the proposed scheme.”
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a national park authority in England.”
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“123Y Employees not covered by TUPE protections
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The consultation process must—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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“123Z Effect on employees of introduction of local service contract
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If the scheme is modified under subsection (6), it must be submitted to an independent auditor who must conduct an audit of the scheme, as described in section 123D(1) to (4), and the authority must publish a notice of the result of this audit to those persons described in subsection (4).”
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all responses to the consultation that the authority has received;”
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the minimum standards of service to be provided under the scheme,
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A scheme may not specify under subsection (2)(d) or (3)(c) a period of less than six months.”
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If the franchising scheme relates to an area to which a relevant scheme or plan also relates, the franchising scheme must include—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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If provision is made under subsection (4A)(b) to vary an enhanced partnership plan or scheme so that it ceases to relate to an area, the local transport authority or authorities to whose area or combined area the plan or, in the case of a scheme, the related plan continues to relate may vary the plan or, as the case may be, the scheme in such manner as they consider appropriate in consequence of the provision made under subsection (4A)(b).
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The scheme must specify whether consideration has been given to the wider social, economic and environmental benefits of the scheme, in accordance with the Public Services (Social Value) Act 2012.”
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“123HA Meeting social need: franchising schemes
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If an authority or authorities decide to cancel a proposed franchising scheme under subsection (1) they may not initiate a revised or alternative franchising scheme until the end of the period of five years beginning with the date on which the decision to postpone the original scheme was taken.”
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The effective time, in relation to a local service contract, is the beginning of the day on which a local service may first be provided under the contract (see sections 123K(4) and 123L).”
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If it appears to a franchising authority that a person is operating or has operated a local service in contravention of subsection (3), the franchising authority may apply to the court for an injunction to prevent the person from continuing to operate the service where the franchising authority deems that urgent action needs to be taken.
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the expiry of the period that, under the scheme, must expire between the making of the contract and the provision of the local service under the contract (see section 123H(2)(d) and (3)(c)), or
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The references in subsections (1) to (6) 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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the proposed service will not have an adverse effect on the franchising authority’s ability to afford any franchise scheme provided, or proposed, in the area to which the scheme relates.”
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Clause 5 12
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to provide the information before the end of such reasonable period as may be specified by the franchising authority.”
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A franchising authority that have obtained information under this section may—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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information about the environmental impact of bus services, including air quality data for the relevant authorities and information on the emissions of vehicles used;
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Information provided under subsections (1) to (3) must only be used for the sole purpose of informing an authority’s or group of authorities’ development of a franchising scheme and must not be used for any other purpose or be disclosed to third parties.”
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Information provided in accordance with the provisions of subsection (1) or (2) is to be subject to a fee payable by the franchising authority or franchising authorities to the operator of local services from whom the information is requested.
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Subsection (8) does not prevent the disclosure of information—
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Clause 7 9
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any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by the proposed scheme,”
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the Passengers’ Council,”
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For the purpose of subsection (3)(ba) the following are relevant local authorities—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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tickets entitling the holder to make a journey, or more than one journey, involving the use of demand responsive transport and other flexible bus services operated under either section 19 or 22 of the Transport Act 1985, where such service operators agree to be part of an advanced ticketing scheme.”
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If the proposed variation would result in the scheme relating to all or part of the area of another local transport authority, the reference in subsection (6) to the authority or authorities includes that other authority.”
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The variation or revocation is subject to the same procedure as the making of the scheme and in the application of that procedure—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Clause 9 68
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An enhanced partnership plan must include a description of the authority’s or authorities’ plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the plan and any related scheme are working.”
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sections 138F to 138J,
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Subsection (5) is not to be taken as affecting the area indicated by references in the provisions mentioned in that subsection to the authority’s or authorities’ area or combined area.”
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requirements about emissions or types of fuel or power.”
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An enhanced partnership scheme must specify under section 138A(5)(b) that new vehicles delivering local services will meet the specifications of the low emission bus scheme as set out by the Office for Low Emission Vehicles in the 2015 document “Low Emission Bus Scheme: Guidance for participants” if the vehicle comes into service after 1st April 2019.”
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The requirements that may be specified in an enhanced partnership scheme must include requirements for operators to establish and publish policies to protect the interests of disabled people using its services and to facilitate such use.”
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the Passengers’ Council,”
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trade union and employee groups representing employees of bus operators in the area.”
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National Park authorities,
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The consultation process must—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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specify whether consideration has been given to its wider social, economic and environmental benefits in accordance with the Public Services (Social Value) Act 2012.”
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section 138A(6) and (10),
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Subsections (1) and (2) are not to be taken as affecting the area indicated by references in the provisions mentioned in subsection (4) to the authority’s or authorities’ area or combined area.”
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make provision for appeals against—
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Regulations made by virtue of subsection (4)(h) may in particular include provision about—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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describes how the operators of the enhanced plan will seek to increase passenger representation through the life of the plan.”
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The policies and objectives referred to in paragraphs (3)(c) and (3)(d) must include policies and objectives which are aimed at protecting the interests of disabled passengers.”
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An enhanced partnership scheme must state the minimum standards of service to be provided under the scheme. ”
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The requirements that may be specified under subsection (4)(b), (4)(e) and (4)(h) in relation to fares and the prices of multi-operator tickets may only be specified if all operators party to the enhanced partnership scheme are in agreement with the requirements.”
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“138T Effect on employees of introduction of enhanced partnership scheme or plan
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An enhanced partnership scheme must specify under section 138A (5)(b) that new vehicles delivering local services will meet the specifications of the low emission bus as set out by the Office for Low Emission Vehicles in the 2015 document “Low Emission Bus Scheme: Guidance for participants”.”
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An enhanced partnership scheme must specify under section 138A(5)(b) that free bus travel must be provided for homeless families placed outside of their local authority area.”
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The requirements that may be specified in an enhanced partnership scheme must include requirements for operators of local services to establish and provide arrangements and assistance to protect the interests of disabled people using their services and to facilitate use of their services by disabled people.”
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In providing facilities under subsection (1) there must be special regard to the needs of disabled people in respect of such facilities.”
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In taking measures under subsection (2) there must be special regard to the use and quality of local services experienced by disabled people.”
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may include qualitative performance measures to be collected under the scheme, which may include measures of passenger satisfaction regarding matters such as cleanliness, comfort and helpfulness of bus drivers,”
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passenger groups and other stakeholder groups representing bus users in the area.”
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trade union and employee groups representing employees working for bus operators in the area.”
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Once consulted, the Competition and Markets Authority may not overturn an enhanced partnership plan and scheme.”
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national park authorities in England.”
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The consultation process must—
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specify what would constitute unreasonable objections and determine an appeal mechanism to a traffic commissioner for authorities which believe that an objection is unreasonable.”
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Regulations under subsection (10) may not be made unless a draft of the regulations have been laid before and approved by a resolution of each House of Parliament.”
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specify what would constitute unreasonable objections and determine an appeal mechanism to a traffic commissioner for authorities which believe that an objection is unreasonable.”
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Regulations under subsection (9) may not be made unless a draft of the regulations have been laid before and approved by a resolution of each House of Parliament.”
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whether, in making the scheme, the authority or authorities have given consideration to the wider social, economic and environmental benefits of the scheme, in accordance with the Public Services (Social Value) Act 2012.”
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“138HA Policies for the conduct of passengers in relation to disabled passengers
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“138HA Meeting social need: enhanced partnership schemes
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The references in subsections (1) and (3) to (5) and sections 138L and 138M to the local transport authority or authorities—
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specify what would constitute unreasonable objections and determine an appeal mechanism to a traffic commissioner for authorities which believe that an objection is unreasonable.”
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Regulations under subsection (8) may not be made unless a draft of the regulations have been laid before and approved by a resolution of each House of Parliament.”
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Clause 10 6
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A local transport authority in England that are party to an enhanced partnership plan may, in connection with any relevant function, require an operator of a local service in their area, or in the combined area of the authority and any other local transport authority in England that are party to the plan, to supply relevant information.
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to provide the information before the end of such reasonable period as may be specified by the local transport authority.”
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A local transport authority that have obtained information under this section in connection with a function relating to an enhanced partnership plan or scheme may—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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determining whether to revoke an enhanced partnership plan or scheme;”
Clause 11 2
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A traffic commissioner must have regard to relevant information supplied by a local transport authority when exercising functions under this section.”
Clause 12 2
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If a traffic commissioner considers that the operator of a registered service has failed to comply with a condition attached to the service permit, the traffic commissioner may cancel the registration of that service.”
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A traffic commissioner must have regard to relevant information supplied by a local transport authority when exercising functions under this section.”
Clause 14 13
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After section 6I (inserted by subsection (4)) insert—
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a particular service that only has stopping places in the area to which the scheme relates,
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““the relevant registration functions”, in relation to an enhanced partnership scheme, means the functions of a traffic commissioner under sections 6, 6D, 6E and 6F of this Act so far as relating to—
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After section 6I (inserted by subsection (4)) insert—
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Clause 15 3
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“Disability awareness training
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Wheelchair space priority
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Disability awareness training
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Clause 16 2
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“Information for bus passengers
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Passenger representation
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Clause 17 15
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The information that may be prescribed is such information within subsection (2) as appears to the Secretary of State to be required—
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information about the environmental impacts of bus operations and vehicles including information on the emissions of the vehicles in use.”
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The provision made under subsection (4)(a) may not require the information to be provided to a person other than—
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Before making regulations under this section the Secretary of State must consult—
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The references to traffic commissioners in subsections (1)(d) and (6)(b) are to be read as including references to any local transport authority carrying out the functions of a traffic commissioner in accordance with section 6G of the Transport Act 1985.”
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“Communication of information
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information about the environmental impact of bus operations and vehicles including information on the emissions of the vehicles in use.”
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information about the environmental impacts of bus operations and vehicles.”
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the number of and nature of complaints made about bus services,
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information about the number of and nature of complaints made about bus services, and
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“Communication of information
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 18 1
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Clause 21 2
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“Authorities in England: funding and obligations
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“Bus safety
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“Bus safety
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“National strategy
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Rural bus services: concessionary travel
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A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
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“National strategy
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Duty to increase bus ridership
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“Bus services investment strategy
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A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
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Sections 22 to 26 extend to England and Wales and Scotland.”
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Section (Information for bus passengers)(1) to (4) extend to England and Wales and Scotland.
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Section (Information for bus passengers) comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.”
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A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Schedule 1 5
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In paragraph 5 (investigations of CMA), at the beginning insert “Subject to paragraph 5A,”.”
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After paragraph 5 (investigations of the CMA) insert—
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In paragraph 5 (investigations of CMA), at the beginning insert “Subject to paragraph 5A,”.”
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After paragraph 5 (investigations of the CMA) insert—
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Schedule 2 7
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“Local Transport Act 2008 (c. 26)
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In subsection (1)(bzb) (inserted by Schedule 2), after “143A” insert “or 143B”.”