Legislation – Bus Services Act 2025
Changes to legislation:
Bus Services Act 2025, Section 33 is up to date with all changes known to be in force on or before 08 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 33:
- s. 33 coming into force by 2025 c. 24 s. 41(3)
Safeguarding for school services
33Safeguarding duty: drivers of school services
“Part 2ASafeguarding duty: drivers of school services
29ADuty to check barring information
(1)
The operator of a public service vehicle may not permit another person to drive the vehicle for a school service unless condition 1 or 2 is met.
(2)
Condition 1 is that—
(a)
the operator has, within the past three years, checked a relevant enhanced criminal record certificate issued within that period relating to the person who is to drive the vehicle, and
(b)
the certificate does not show that the person is barred from regulated activity relating to children.
(3)
Condition 2 is that—
(a)
the operator has, within the past three years, checked—
(i)
a relevant enhanced criminal record certificate relating to the person who is to drive the vehicle, and
(ii)
up-date information given, within the past three years, under section 116A of the Police Act 1997 in relation to the certificate,
(b)
the certificate does not show that the person is barred from regulated activity relating to children, and
(c)
the up-date information is not advice to request the person to apply for a new enhanced criminal record certificate.
(4)
In this section—
“enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997;
“relevant enhanced criminal record certificate” means an enhanced criminal record certificate which includes, by virtue of section 113BA of the Police Act 1997, suitability information relating to children.
29BApplication of section 29A duty: services in Wales
(1)
Section 29A (duty to check barring information) applies in relation to a school service that takes up or sets down passengers at one or more points in Wales only if regulations made by the Secretary of State so provide.
(2)
But the regulations may not provide for that section to apply in relation to—
(a)
a service for the carriage of passengers by road at separate fares—
(i)
that is provided in fulfilment of a duty imposed on the Welsh Ministers by an Act of Senedd Cymru, or
(ii)
to the extent that it is provided in Wales under a permit granted by the Welsh Ministers under an Act of Senedd Cymru, or
(b)
a service that is provided under arrangements made by a body to which the duty in section 15(1) of the Learner Travel (Wales) Measure 2008 applies (duty of local authorities and governing bodies to have regard to guidance given by Welsh Ministers).
29CInterpretation of Part 2A
(1)
A reference in this Part to regulated activity relating to children is to be construed in accordance with Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006.
(2)
For the purposes of this Part, a person drives a public service vehicle for a school service where—
(a)
by driving the vehicle the person is engaging in regulated activity relating to children by virtue of paragraph 2(1)(f) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006,
(b)
the children using the service are being conveyed between their homes and institutions for providing primary, secondary or further education that they are attending, and
(c)
the vehicle is being used in circumstances such that a PSV operator’s licence is required for its use.
(3)
In this Part—
(a)
“primary education”, “secondary education” and “further education” have the meanings given in the Education Act 1996 (see section 2 of that Act);
(b)
“children” means persons who have not attained the age of 18.”