Legislation – Bus Services Act 2025

SCHEDULES

Schedule Procedure for varying franchising scheme

Which version?
Latest available (Revised)
Original (As enacted)

Franchising schemes: procedure

9Report on assessment of proposed scheme

(1)

Section 123D of the Transport Act 2000 (audit) is amended in accordance with subsections (2) to (8).

(2)

For subsection (1) substitute—

“(1)

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).”

(3)

In subsection (2)—

(a)

omit “auditor’s”;

(b)

for “auditor” substitute “approved person”;

(c)

in paragraph (a), for “123B(3)(d) or (e)” substitute “123B(3)(d) and (e)”.

(4)

For subsection (3) substitute—

“(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.”

(5)

In subsection (5), for “auditor” substitute “approved person”.

(6)

In subsection (6), for “Auditors” substitute “Approved persons”.

(7)

For subsections (7) and (8) substitute—

“(8)

In this section “approved person” means a person specified, or of a description specified, in regulations made by the Secretary of State.”

(8)

For the heading substitute “Report on assessment of proposed scheme”.

(9)

In section 123E of that Act (consultation)—

(a)

in subsection (1), for “an auditor’s” substitute “a”;

(b)

in subsection (2)(c) omit “auditor’s”.

(10)

The amendments made by this section do not apply in relation to an appointment of a person as an auditor, in relation to a proposed franchising scheme, before this section comes into force.

10Duty to consult persons with disabilities

In section 123E(4) of the Transport Act 2000 (consultation), after paragraph (d) insert—

“(da)

such persons with disabilities (within the meaning given by section 6 of the Equality Act 2010) who are users or prospective users of local services, or such organisations appearing to the authority or authorities to be representative of such persons, as they think fit,”.

11Variation of schemes

(1)

The Transport Act 2000 is amended as follows.

(2)

In section 123M (variation of scheme)—

(a)

in subsection (3), after “date” insert “or dates”;

(b)

omit subsection (4);

(c)

in subsection (7), for “to (6)” substitute “to (6A) and Schedule 9A”;

(d)

omit subsections (8) and (9).

(3)

After section 123M insert—

“123MAVariation of scheme: supplementary

(1)

Subsections (2) to (10) of section 123H apply in relation to a franchising scheme varied in accordance with section 123M as they apply in relation to a franchising scheme made in accordance with subsection (1) of section 123H, but subject to subsection (2) of this section.

(2)

Where the variation of the scheme adds to the scheme area the scheme must specify, in addition to the information previously specified under section 123H(2)(c) and (d), the date and minimum period to be specified in relation to local service contracts relating to local services to be provided in the additional area.

(3)

In Schedule 9A—

(a)

Parts 1 and 2 contain provision about the procedure to be followed when varying the area specified under section 123H(2)(a) in the scheme, and

(b)

Part 3 contains provision about the procedure to be followed when making certain other variations of the scheme.

(4)

For the purposes of this section and Schedule 9A—

(a)

a variation of a franchising scheme “adds to the scheme area” if it involves adding an area to the area specified under section 123H(2)(a) in the scheme, and

(b)

“the additional area” is the area added.”

(4)

The Schedule inserts new Schedule 9A into the Transport Act 2000.

12Miscellaneous amendments

(1)

The Transport Act 2000 is amended as follows.

(2)

In section 123B (assessment)—

(a)

for subsection (3)(b) substitute—

“(b)

whether 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,”, and

(b)

in subsection (7)—

(i)

omit the “or” at the end of paragraph (b), and

(ii)

after that paragraph insert—

“(ba)

a Transport Partnership created under the Transport (Scotland) Act 2005, or”.

(3)

In section 123E (consultation)—

(a)

in subsection (4), after paragraph (da) (inserted by section 10) insert—

“(db)

the Welsh Ministers if, in the opinion of the authority or authorities, any part of Wales would be affected by the proposed scheme,”, and

(b)

in subsection (5)—

(i)

omit the “or” at the end of paragraph (e), and

(ii)

after that paragraph insert—

“(ea)

a Transport Partnership created under the Transport (Scotland) Act 2005, or”.

(4)

In section 162(1) (interpretation of Part 2), at the appropriate place insert—

““council in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,”.