ukpga/1985/67 — Transport Act 1985

Transport Act 1985 1985 c. 67 An Act to amend the law relating to road passenger transport; to make provision for the transfer of the operations of the National Bus Company to the private sector; to provide for the reorganisation of passenger transport in the public sector; to provide for local and central government financial support for certain passenger transport services and travel concessions; to make further provision with respect to the powers of London Regional Transport; to make new provision with respect to the constitution, powers and proceedings of the Transport Tribunal; to make provision with respect to grants payable under section 92 of the Finance Act 1965; to establish a Disabled Persons Transport Advisory Committee; and for connected purposes. [30th October 1985] 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:— Part I General Provisions Relating to Road Passenger Transport Abolition of road service licensing Abolition of road service licensing. 1 1 The provisions of Part III of the 1981 Act (road service licences) shall cease to have effect. 2 Those provisions are replaced— a in relation to London local services, by Part II of this Act; and b in relation to other local services, by sections 6 to 9 of this Act. 3 Schedule 1 to this Act shall have effect for the purpose of making amendments in other enactments consequential on this section. Meaning of “local service” Local services. 2 1 In this Act “ local service ” means a service, using one or more public service vehicles, for the carriage of passengers by road at separate fares other than one— a which is excluded by subsection (4) below; or b in relation to which (except in an emergency) one or both of the conditions mentioned in subsection (2) below are met with respect to every passenger using the service. 2 The conditions are that— a the place where he is set down is fifteen miles or more, measured in a straight line, from the place where he was taken up; b some point on the route between those places is fifteen miles or more, measured in a straight line, from either of those places. 3 Where a service consists of one or more parts with respect to which one or both of the conditions are met, and one or more parts with respect to which neither of them is met, each of those parts shall be treated as a separate service for the purposes of subsection (1) above. 4 A service shall not be regarded for the purposes of this Act as a local service if— a the conditions set out in Part III of Schedule 1 to the 1981 Act (trips organised privately by persons acting independently of vehicle operators, etc. ) are met in respect of each journey made by the vehicles used in providing the service; or b every vehicle used in providing the service is so used under a permit granted under section 19 of this Act. 5 Subsections (5)(b), (c) and (6) of section 1 of the 1981 Act (meaning of “fares”) shall apply for the purposes of this section. Traffic commissioners Traffic commissioners. 3 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 For sections 4 and 5 of the 1981 Act (traffic commissioners) there shall be substituted the following sections— Traffic commissioners. 4 1 There shall be a commissioner for each traffic area constituted for the purposes of this Act. 2 The commissioner for each traffic area shall be appointed by the Secretary of State and shall be known as the traffic commissioner for the area. 3 The traffic commissioner for a traffic area shall be responsible for issuing licences under this Act and shall have such other functions as are given to him by, or in pursuance of, this Act or any other enactment. 4 Any person appointed to be the traffic commissioner for a traffic area shall— a act under the general directions of the Secretary of State; and b vacate his office on attaining the age of sixty-five, or on such later date before he attains the age of sixty-six as the Secretary of State may at any time direct, but otherwise hold office during Her Majesty’s pleasure. 5 Where the Secretary of State proposes to appoint a person to be the traffic commissioner for a traffic area he shall, before making the appointment, require that person to declare if he has any, and if so what, financial interest in any transport undertaking which carries passengers or goods by road within Great Britain. 6 Schedule 2 to this Act shall have effect with respect to traffic commissioners. Publication of information by traffic commissioners. 5 1 Every traffic commissioner shall publish, in such form and at such times as may be prescribed, such information with respect to the exercise, or proposed exercise, of any of his functions under this Act or the Transport Act 1985 as may be prescribed. 2 Where the traffic commissioner for a traffic area publishes information under this section he shall— a send a copy of the publication— i to every chief officer of police, Passenger Transport Executive and local authority whose area falls partly or wholly within that traffic area; and ii where that traffic area falls wholly or partly within London, to London Regional Transport; and b make a copy of it available (by post if required and on payment of such fee as may be prescribed) to anyone who asks for one. 3 In this section “ local authority ” means— a in England and Wales, the council of any non-metropolitan county, any district or London borough or the Common Council of the City of London; and b in Scotland, any regional or islands council. 3 For Schedule 2 to the 1981 Act (traffic commissioners) there shall be substituted the Schedule set out in Part I of Schedule 2 to this Act. 4 For subsection (1) of section 59 of the 1968 Act (licensing authority for Part V of that Act) there shall be substituted— 1 The traffic commissioner for any traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981 shall exercise the functions conferred on him by this Part of this Act and is in this Part of this Act referred to as “the licensing authority.” 5 Part II of Schedule 2 to this Act shall have effect for the purpose of making further consequential amendments in other enactments. Inquiries held by traffic commissioners. 4 For section 54 of the 1981 Act (procedure of traffic commissioners) there shall be substituted the following section— Inquiries held by traffic commissioners. 54 1 A traffic commissioner may, at such places as appear to him to be convenient, hold such inquiries as he thinks fit in connection with the exercise of his functions. 2 Where, as respects the proposed exercise of his powers on any occasion, a traffic commissioner receives a request for an inquiry from two or more persons he may hold a single inquiry in response to those requests. 3 Subject to any provision made by regulations, any inquiry held under this section shall be public. 4 Where a traffic commissioner proposes to hold an inquiry for the purpose of considering any application or proposal, he shall publish notice of the inquiry in the prescribed manner. 5 Where a traffic commissioner holds an inquiry he may, in such circumstances as may be prescribed and subject to any provision made under subsection (6) below, make such order as he thinks fit as to the payment, by such party to the inquiry as he thinks fit, of costs incurred by him or by the Secretary of State in connection with the holding of the inquiry. 6 Regulations may make provision, in relation to orders under subsection (5) above, as to— a the method of calculating the amount of any costs incurred as mentioned in that subsection; and b the maximum amount which may be ordered to be paid under such an order. 7 Any amount so ordered to be paid by any person may be recoverable from him— a in England and Wales, as a debt due to the Crown; or b in Scotland, by the Secretary of State. 8 Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not be disclosed, so long as that trade or business continues to be carried on, except— a with the consent of the person for the time being carrying it on; b for the purpose of the discharge by any person of his functions under any enactment mentioned in subsection (9) below; or c with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of any such enactment (including proceedings before the Transport Tribunal); and any person who discloses any information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. 9 The enactments referred to in subsection (8)(b) and (c) above are— a sections 12 to 21 of this Act; and b sections 24 to 28 of the Transport Act 1985. 10 The Secretary of State may by order made by statutory instrument amend subsection (9) above by adding a reference to an enactment or by removing any such reference; and any statutory instrument made in exercise of the power conferred by this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament. Assistance for traffic commissioners in considering financial questions. 5 After section 17 of the 1981 Act, there shall be inserted the following section— Assessors to assist traffic commissioners. 17A 1 In considering any financial question which appears to him to arise in relation to the exercise of his functions under section 14, 16 or 17 of this Act, a traffic commissioner may be assisted by an assessor drawn from a panel of persons appointed by the Secretary of State for the purposes of this section. 2 A traffic commissioner shall pay to any such assessor, in respect of his services, such remuneration as may be determined by the Secretary of State with the consent of the Treasury. Registration of local services Registration of local services. 6 1 In this section “ service ” means a local service which is neither a London local service nor a service which falls within subsection (1A) or (1D) below nor a service provided under an agreement entered into, where a railway service has been temporarily interrupted, with the Secretary of State, the Scottish Ministers or the National Assembly for Wales under section 40 of the Railways Act 2005 (substitution services provided for interrupted or discontinued railway services) . 1A A service falls within this subsection if conditions A and B are satisfied in relation to it. 1B Condition A is satisfied if the service is provided in pursuance of— a the obligation placed on a local authority by section 508B(1), section 508F(1), ... or section 509AA(7)(b) or (9)(a) of the Education Act 1996 (provision of transport etc ); b the exercise of the power of a local authority under section 508C(1) of that Act; ... c arrangements made by a local authority in pursuance of a scheme made by them under Schedule 35C to that Act (school travel schemes). d the obligation placed on a local authority by sections 3 or 4 of the Learner Travel (Wales) Measure 2008; or e the exercise of the power of a local authority under section 6 of that Measure. 1C Condition B is satisfied if the service is for the carriage of any of the following persons (and no other)— a a person receiving education or training at premises to or from which transport is provided in pursuance of the obligation, the exercise of the power or the arrangements, as the case may be, mentioned in paragraph (a), (b) , (c), (d) or (e) of subsection (1B); b a person supervising or escorting any such person while he is using such transport; c a person involved with the provision of education or training at any such premises. 1D A service falls within this subsection if— a it has one or more stopping places in England, and b it is provided under an agreement entered into, where a railway service has been temporarily interrupted, with the person who usually provides the railway service. 1E Where a service is provided both inside and outside England, any part of the service which is provided outside England is to be treated as a separate service for the purposes of subsection (1D) if there is any stopping place for that part of the service outside England. 2 Subject to regulations under this section, no service shall be provided in any traffic area in which there is a stopping place for the service unless— a the prescribed particulars of the service have been registered with a traffic commissioner by the operator of the service; b the period of notice in relation to the registration has expired; and c the service is operated in accordance with the registered particulars. 2A Where— a any registration restrictions imposed under section 113D(1) or 114(3A) of the Transport Act 2000 (advanced quality partnership schemes and quality partnership schemes) are in force, and b an application for registration is made in respect of a service in relation to which those restrictions have effect, section 6A of this Act has effect in relation to the application. 2B Where— a a quality contracts scheme under section 124 of the Transport Act 2000 is in force in relation to an area in Wales , b an operator proposes to provide a local service which is to have one or more stopping places within the area to which the scheme relates, c the proposed service is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and d the operator does not propose to provide the service under a quality contract by virtue of the scheme, section 6B of this Act has effect with respect to registration of that service. 2C Where— a a requirement imposed under section 138A(5)(b) of the Transport Act 2000 (requirements specified in an enhanced partnership scheme) has effect, and b an application to register a service, or to vary the registration of a service, is made in respect of a service to which that requirement would apply if the application were granted, section 6D has effect with respect to the application. 2D Where— a an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation, b a service is registered, or a registration of a service is varied, under this section, and c a requirement imposed under section 138A(5)(b) of the Transport Act 2000 applies to the service or the service as varied, the requirement is to be recorded with the particulars of the service required to be registered under this section. 3 In subsection (2) above “ the period of notice ”, in relation to any registration, means, subject to regulations under this section— a the period prescribed for the purposes of this subsection; or b if longer, the period beginning with the registration and ending with the date given to the traffic commissioner by the operator as the date on which the service will begin. 4 An application for registration shall only be accepted from a person who either holds an unconditional PSV operator’s licence or a permit under section 22 of this Act or is using, or proposing to use, a school bus belonging to that person for farepaying passengers in accordance with section 46(1) of the 1981 Act. 5 In subsection (4) above “ unconditional ”, in relation to a PSV operator’s licence, means a licence which does not have attached to it a condition imposed under section 26(1) of this Act prohibiting, or having the effect of prohibiting, the operator from using vehicles under the licence to provide the service to which the application in question relates. 6 In this Act any reference to a service registered under this section is a reference to a service in respect of which the prescribed particulars are registered under this section. 7 Any registration may be varied or cancelled on an application made by the operator of the service to which it relates. 7A Where— a a quality contracts scheme under section 124 of the Transport Act 2000 is in force in relation to an area in Wales , b the operator of a local service registered under this section proposes to vary the registration, c the service, as proposed to be varied, is to have one or more stopping places within the area to which the scheme relates, d the service, as proposed to be varied, is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and e the operator does not propose to provide the service, as proposed to be varied, under a quality contract by virtue of the scheme, section 6B of this Act has effect with respect to the variation of the registration. 7B Where an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation, the registration of a service may also be cancelled under section 6E. 8 Subject to regulations under this section and, in the case of variation, to section 6B of this Act , the variation or cancellation of a registration shall become effective— a on the expiry of the period beginning with the date on which a traffic commissioner accepts the application and ending with the date determined in accordance with regulations under this section; or b if later, on the day given to a traffic commissioner by the operator as the effective date for the variation or (as the case may be) cancellation. 9 Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular, make provision— a for permitting the variation of a registered service, in such circumstances as may be prescribed, without variation of the registration; b for excluding or modifying the application of subsection (3) or (8) above in such cases or classes of case as may be prescribed; c that in such cases or classes of case as may be prescribed— i subsection (2) above shall have effect as if for the reference in paragraph (b) to the period of notice there were substituted a reference to such period as a traffic commissioner may determine; ii subsection (8) above shall have effect as if for the reference in paragraph (a) to the date on which the period mentioned in that paragraph is to expire there were substituted a reference to such date as a traffic commissioner may determine; d as to the procedure for applying for registration or for the variation or cancellation of a registration; 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) ; f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g as to the documents (if any) to be issued by a traffic commissioner with respect to registrations; h as to the cancellation of registrations relating to discontinued services; ha as to the variation or cancellation of the record of a requirement imposed under section 138A(5)(b) of the Transport Act 2000; i for enabling a traffic commissioner to require the operator of a registered service, in such circumstances as may be prescribed, to keep records of such matters relating to the operation of the service, in such manner, as may be prescribed; j for requiring the operator of a registered service who is required to keep records by regulations made by virtue of paragraph (i) above to make those records available to a traffic commissioner ; k for requiring the operator or prospective operator of a registered service to give, to such persons and at such times as may be prescribed, such information as may be prescribed with respect to the service, or proposed service, or any proposal to vary or cancel the registration of the service; ka for imposing restrictions on the use that may be made of records made available as mentioned in paragraph (j) above or information given as mentioned in paragraph (k) above; l for excluding from the application of this section services which are— i excursions or tours; or ii excursions or tours falling within a prescribed class. 10 Regulations made by virtue of paragraph (ka) of subsection (9) above— a may create one or more criminal offences relating to the use of records or information in breach of the restrictions imposed by those regulations, but b may not provide, in respect of any such offence, for a penalty greater than a fine not exceeding level 4 on the standard scale. 11 The power to make regulations under subsections (2), (3) and (9), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State). Provision of service information in Scotland Provision of service information when varying or cancelling registration 6ZA 1 This section applies where an operator of a local service registered under section 6 notifies an affected authority in accordance with regulations under that section that the operator proposes to make an application to vary or cancel the registration. 2 The affected authority may, within such period as may be prescribed, require the operator to provide them with such information relating to the local service as may be prescribed. 3 The information that may be prescribed is information relating to— a the number of passengers using the service, the journeys made by those passengers and the fares paid by them, and b the revenue obtained by operating the service. 4 A requirement for information under subsection (2) may be made only— a for the purposes of the affected authority exercising their functions under section 9A of the Transport Act 1968 or, as the case may be, section 63 of this Act, and b in respect of— i the period of 12 months ending on the day on which the requirement is made, or ii where the service has not operated for the whole of the period of 12 months preceding the day on which the requirement is made, the period of operation up to the day on which the requirement is made. 5 An operator who is subject to a requirement under this section— a must provide any information required under subsection (2) within such period as may be prescribed, b may, at the same time, provide evidence that the disclosure of some or all of the information it has provided is likely to damage its commercial interests and request that the information in question is not disclosed under section 6ZB(3). 6 For the purposes of this section and sections 6ZB and 6ZC, “ affected authority ”, in relation to a local service registered under section 6, means a council or a Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005 which— a have functions under section 9A of the Transport Act 1968 or section 63 of this Act, and b have within their area or, as the case may be, region a stopping place which would be affected by the variation or cancellation of the registration of the service by an operator. Provision of service information: extent of permissible disclosure 6ZB 1 An affected authority may disclose information received from an operator under section 6ZA only in accordance with this section. 2 An affected authority may disclose information of the type described in section 6ZA(3)(a)— a to an economic operator in connection with an invitation to submit a tender to provide a supported service to replace or supplement the service being varied or cancelled, b to another affected authority, c to such other persons as may be prescribed. 3 An affected authority may disclose information of the type described in section 6ZA(3)(b)— a to an economic operator in connection with an invitation to submit a tender to provide a supported service to replace or supplement the service being varied or cancelled, b to another affected authority. 4 Information disclosed under subsection (3)(a) of this section— a must be aggregated into an annual figure, b must not be disclosed in circumstances where the affected authority have decided to assume the revenue-related risk for the supported service by keeping the revenue obtained by operating the service. 5 An affected authority which receive information under subsection (2)(b) or (3)(b) must not disclose that information to any other person. 6 Where an operator has provided evidence and made a request under section 6ZA(5)(b), the affected authority must— a decide whether, on the basis of the evidence submitted, they are satisfied that the disclosure of some or all of the information is likely to cause damage to the commercial interests of the operator, and b notify the operator of their decision. 7 The affected authority must not disclose any information which is the subject of a request under section 6ZA(5)(b)— a until they have complied with their duties under subsection (6), and b where they decide that they are satisfied that disclosure of the information is likely to cause damage to the commercial interests of the operator. 8 An affected authority who, without reasonable excuse, disclose information in contravention of this section commit an offence. 9 An affected authority who commit an offence under subsection (8) are liable on summary conviction to a fine not exceeding level 5 on the standard scale. 10 Where an offence under subsection (8) committed by an affected authority is proved to have been committed with the consent or connivance of, or to be attributable to the neglect on the part of, a person employed by the authority, the person as well as the authority is guilty of the offence and liable to be proceeded against and punished accordingly. 11 In this section— “ economic operator ” means any person, public entity or group of persons or entities including any temporary association of undertakings that offers to provide local services on the market, “ supported service ” means a service which is subsidised under section 9A(4) of the Transport Act 1968 or, as the case may be, section 63(5) of this Act. Provision of service information: further provision and consultation 6ZC 1 Regulations under this section may make provision for the purposes of giving full effect to sections 6ZA and 6ZB, including, without limit to that generality, provision— a for excluding or modifying the application of section 6ZA in such circumstances as may be specified in the regulations, b about the procedures to be followed by affected authorities and operators, including the manner in which authorities are to require information to be provided, c requiring operators to keep records of such information as may be specified in the regulations, d substituting a different period (or periods) for the period for the time being specified in section 6ZA(4)(b), e about the form and (subject to section 6ZA(3)) content of the information that operators may be required to provide. 2 Before making regulations under section 6ZA(2) or (5), 6ZB(2) or this section, the Scottish Ministers must consult— a such persons as appear to them to be representative of operators and users of local services, b each council and Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005 which have functions under section 9A of the Transport Act 1968 or section 63 of this Act, and c such other persons as the Scottish Ministers consider appropriate. Applications for registration etc where restrictions are in force 6A 1 This section applies in any case where— a any registration restrictions imposed under section 113D(1) or 114(3A) of the Transport Act 2000 are in force in the case of an advanced quality partnership scheme or a quality partnership scheme (“ the scheme ”); b an application for registration, or for variation or cancellation of registration, is made under section 6 of this Act ... in respect of a local service in relation to which those restrictions have effect; and c the application is one which would fall to be accepted by a traffic commissioner , apart from this section. 2 In any such case the traffic commissioner, before deciding whether or not to accept the application, must give to— a each relevant authority, and b each relevant operator, a notice complying with subsection (3) below. 3 The notice must— a identify the application and state that it has been made; b provide prescribed particulars of the application; c inform the persons to whom it is required to be sent of the right of each of them to make relevant representations to the traffic commissioner about the application. 4 If no relevant representations are made, the application is to be accepted. 5 If any relevant representations are made by a relevant authority or a relevant operator, the traffic commissioner must decide whether the effect of accepting the application would be detrimental to the provision of local services under the scheme. 6 The traffic commissioner may decide that question only after— a considering those representations; b taking account of any other relevant applications and any relevant representations made in relation to those applications; c holding such inquiries under section 54 of the 1981 Act as the traffic commissioner may think fit; and d applying the registration criteria. 7 If the traffic commissioner decides that the effect of accepting the application would not be detrimental to the provision of such services, the application is to be accepted. 8 If subsection (7) above does not apply, the traffic commissioner may do any one or more of the following— a refuse to accept the application; b require the applicant to amend the application in such respects as the traffic commissioner may require before submitting it again; c if the applicant has not given a written undertaking under section 113J(4) or (5) or 118(4) of the Transport Act 2000 in relation to the scheme, require the applicant to give such an undertaking before the application may be accepted. 9 An appeal against any decision of a traffic commissioner under this section may be made to the Upper Tribunal by any of the following persons— a the person who made the application; b any relevant authority that made relevant representations against the application; c any relevant operator who made relevant representations against the application. ... 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Regulations may be made for the purposes of carrying this section into effect; and the provision that may be made by any such regulations includes provision— a as to the procedure for giving notice under subsection (2) above; b prescribing the particulars of the application that are to be provided in such a notice; c as to the procedure for making relevant representations; d as to the procedure to be followed in determining the application. 12 In this section— “ advanced quality partnership scheme ” means a scheme under section 113C of the Transport Act 2000; “ quality partnership scheme ” means a scheme under section 114 of the Transport Act 2000; “registration criteria”— in relation to an advanced quality partnership scheme, means the criteria specified in the scheme by virtue of section 113D(3) of the Transport Act 2000; in relation to a quality partnership scheme, means the criteria specified in the scheme by virtue of section 114(3C) of the Transport Act 2000; “ relevant application ” means any application under section 6 of this Act— which is made in respect of a local service in relation to which the registration restrictions have effect, and which (whenever made) is awaiting the decision of a traffic commissioner ; “ relevant authority ” means the authority, or any of the authorities, that made the scheme; “ relevant operator ” means— any operator of local services who has given an undertaking under section 113J(4) or (5) or 118(4) of the Transport Act 2000 in respect of the scheme; any other operator of local services which might be affected if the application were to be accepted; “ relevant representations ” means representations that the effect of accepting the application would be detrimental to the provision of services under the scheme, having regard to the registration criteria. “the traffic commissioner” means the traffic commissioner dealing with the application mentioned in subsection (1). 13 The power to make regulations under subsection (11), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State). Applications for registration where quality contracts scheme in force 6B 1 This section applies— a by virtue of subsection (2B) of section 6 of this Act (“Case 1”), in relation to registration of the proposed local service mentioned in that subsection; b by virtue of subsection (7A) of that section (“Case 2”), in relation to the proposed variation of the registration mentioned in that subsection. 2 Where this section applies, the operator may apply to a traffic commissioner— a in Case 1, for registration of the proposed service under section 6 of this Act, or b in Case 2, for variation of the registration under that section, notwithstanding anything in section 129(1)(a) of the Transport Act 2000 (sections 6 to 9 of this Act not to apply). 3 The traffic commissioner must not accept the application except in accordance with subsections (4) to (6) below. 4 On receipt of the application, the traffic commissioner must consult the authority or authorities who made the quality contracts scheme. 5 If, within the prescribed time, the traffic commissioner receives from the authority or authorities a clearance certificate in respect of the application, the traffic commissioner must— a in Case 1, register the service under section 6 of this Act, or b in Case 2, vary the registration under that section. 6 If the traffic commissioner does not receive such a certificate within that time, the application must be rejected. 7 In relation to Case 2, regulations may prescribe cases in which subsections (3) to (6) above do not apply. 8 In this section— “ clearance certificate ” means a certificate that the provision— in Case 1, of the proposed local service, or in Case 2, of the local service as proposed to be varied, will not have an adverse effect on local services provided under quality contracts in the area to which the quality contracts scheme relates; “ prescribed ” means prescribed in regulations; “ the relevant authority or authorities ” means the authority or authorities— who last continued the quality contracts scheme in force under section 131A of the Transport Act 2000, or if the scheme has not been so continued, who made it. “the traffic commissioner” means the traffic commissioner dealing with the application. 9 The power to make regulations under subsections (5) and (7), so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State). Variation or cancellation of registration: service information 6C 1 Regulations may require the operator of a local service registered under section 6 to provide prescribed information to any local transport authority in England in whose area the service has a stopping place if— a the operator— i has made an application under section 6 to vary or cancel the registration of the service, or ii has notified the local transport authority in accordance with regulations under that section that it proposes to make such an application, and b the authority requests the operator to provide the information. 2 The information that may be prescribed is information relating to— a the number of passengers using the service, the journeys made by those passengers and the fares paid by them, and b the revenue obtained by operating the service. 3 Regulations under this section may, in particular— a make provision about the periods of time in respect of which information may be required, b make provision about the time when, and the manner and form in which, information is to be provided, c provide for a traffic commissioner or a body carrying out a traffic commissioner's functions in accordance with section 6G not to accept an application to vary or cancel the service if the operator has failed to comply with the regulations, d make provision about the use and disclosure of information provided under the regulations (including provision about its further disclosure), e make provision as to cases in which section 67 of the 1981 Act does not apply in relation to contraventions of, or failures to comply with, the regulations, f make provision subject to conditions, and g make supplementary, incidental, consequential or transitional provision. 4 In this section “ local transport authority ” has the meaning given in section 108(4) of the Transport Act 2000. Applications for registration where an enhanced partnership scheme is in operation 6D 1 This section applies in any case where— a an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation; b a requirement imposed under section 138A(5)(b) of the Transport Act 2000 has effect; c an application for registration, or for variation of registration, is made under section 6 of this Act in respect of a local service to which that requirement would apply if the application were granted; and d the application is one which would fall to be accepted, apart from this section. 2 A traffic commissioner must refuse the application if— a the requirement is an operation requirement, and b the traffic commissioner considers that the person who would be the operator of— i the service proposed to be provided, or, ii the service as proposed to be varied, is unlikely to be able to comply with that requirement as regards that service. 3 If, where the requirement is a route requirement, the registration, or variation of registration, of the service under section 6 is prevented by regulations under section 6E(6), a traffic commissioner must refuse the application. 4 In this section— “ operation requirement ” means a requirement imposed under section 138A(5)(b) of the Transport Act 2000, other than a route requirement; “ route requirement ” means a requirement imposed under section 138A(5)(b) of the Transport Act 2000 that falls within section 138C(1) of that Act. Cancellation and control of registration where enhanced partnership scheme is in operation 6E 1 This section applies in a case where— a an enhanced partnership scheme under section 138A of the Transport Act 2000 is in operation, and b one or more requirements imposed under section 138A(5)(b) of the Transport Act 2000 by the scheme have effect. 2 If a traffic commissioner considers that— a an operation requirement imposed by the scheme applies to a service registered under section 6, and b the service is not being provided in accordance with that requirement, the traffic commissioner may cancel the registration of that service. 3 If a traffic commissioner considers that— a a route requirement imposed by the scheme applies to a service registered under section 6, and b that service cannot be provided in accordance with that requirement, the traffic commissioner must cancel the registration of that service. 4 If a traffic commissioner considers that— a a route requirement imposed by the scheme applies to two or more services registered under section 6, and b those services cannot all be provided in accordance with that requirement, the traffic commissioner must cancel the registration of those services. 5 Subject to regulations under this section, a cancellation of the registration of a service under subsection (2), (3) or (4) becomes effective on the expiry of the period beginning with the date on which a traffic commissioner gives notice to the operator of the service of the cancellation of the registration and ending with the date determined in accordance with regulations under this section. 6 Regulations under this section may make provision controlling the registration, or the variation of registration, under section 6 of local services which would, or would as varied, be subject to a route requirement by reference to which a registration or registrations was or were cancelled under subsection (3) or (4). 7 Regulations under subsection (6) may, in particular— a provide for the determination of the services that may be registered and the persons who may register such services; b provide for those matters to be determined by the local transport authority or authorities operating the enhanced partnership scheme; c provide for the authority or authorities to award contracts authorising persons to provide local services or local services of particular descriptions; d provide for services not to be registered under section 6, and for variations of registration under section 6 not to be made, in prescribed cases; e make provision as to the period during which the registration, or variation of registration, of local services under section 6 is subject to provision under subsection (6). 8 Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular— a make provision as to the procedure for cancellation under this section, including provision for giving notice of an intention to cancel unless an operator of a local service satisfies prescribed conditions; b make provision for cancellation under subsection (3) or (4) to be revoked if prescribed conditions are satisfied, including conditions relating to the variation or cancellation under section 6 of the registration of one or more of the services affected; c make provision for the time at which cancellation under subsection (3) or (4) becomes effective to be postponed in prescribed circumstances. 9 In this section— “ local transport authority ” has the meaning given in section 108(4) of the Transport Act 2000; “ operation requirement ” and “ route requirement ” have the same meaning as in section 6D. Enhanced partnership schemes: appeals 6F 1 A person may appeal to the Upper Tribunal against— a a decision to record a requirement under section 6(2D) (recording of requirements specified in an enhanced partnership scheme) in relation to a service provided by the person, b a refusal under section 6D(2) or (3) of an application made by the person, or c a cancellation under section 6E of the registration of a service provided by the person. 2 But if the decision, refusal or cancellation was made by a local transport authority by virtue of section 6G— a the appeal as regards that matter is to be made to a traffic commissioner, and b the local transport authority or authorities operating the relevant enhanced partnership scheme under section 138A of the Transport Act 2000 is or are to be parties to the proceedings. 3 On an appeal under subsection (2), a traffic commissioner may— a uphold the decision, b quash the decision, or c substitute a decision for the decision made. 4 Regulations may make provision— a as to the time within which, and the manner in which, appeals under subsection (2) may be made, and b as to the procedure to be followed in connection with such appeals. 5 A decision of a traffic commissioner on an appeal under subsection (2) may be appealed to the Upper Tribunal by— a the person who appealed under subsection (2), or b the local transport authority or authorities operating the relevant enhanced partnership scheme. 6 A local transport authority or authorities operating an enhanced partnership scheme under section 138A of the Transport Act 2000 may appeal to the Upper Tribunal against— a a decision of a traffic commissioner to register a service that has a stopping place in the area to which the scheme relates, or b a decision of a traffic commissioner not to record a requirement under section 6(2D) in relation to such a service. 7 For the purposes of section 13(2) of the Tribunals, Courts and Enforcement Act 2007 (appeals to Court of Appeal etc against decisions of the Upper Tribunal) the following persons are to be treated as parties to a case— a the person whose service is in question; b the local transport authority or authorities operating the relevant enhanced partnership scheme; and c a traffic commissioner. 8 In this section “ local transport authority ” has the meaning given in section 108(4) of the Transport Act 2000. Traffic commissioner functions where an enhanced partnership scheme in operation 6G 1 This section applies where notice of— a the making of an enhanced partnership scheme under section 138A of the Transport Act 2000, or b the varying of an enhanced partnership scheme, is given to a traffic commissioner under section 138G(5) or 138M(6) of the Transport Act 2000 by a local transport authority or authorities. 2 The authority or authorities must also notify the traffic commissioner— a whether or not the scheme, or the scheme as varied, specifies a route requirement, and b in relation to each route requirement specified, whether or not it relates to— i a particular service that only has stopping places in the area to which the scheme relates, ii particular services at least one of which is such a service, or iii a particular description of services which includes or is capable of including such a service. 3 In a case where the scheme, or the scheme as varied, relates to the whole or part of the combined area of two or more local transport authorities, the notification under subsection (2) must also state which of the authorities is the lead authority. 4 If the scheme, or the scheme as varied, specifies a route requirement that relates to a particular service that only has stopping places in the area to which the scheme relates, particular services at least one of which is such a service or a particular description of services which includes or is capable of including such a service— a a traffic commissioner must delegate the relevant registration functions as regards services that only have stopping places in that area to the authority or the lead authority (as the case may be), and b the authority or the lead authority (as the case may be) must carry them out. 5 A delegation under subsection (4) has effect— a when the scheme comes into operation, or b when the variation of the scheme takes effect (as the case may be). 6 If subsection (4) does not apply, the authority or the lead authority (as the case may be)— a may elect to carry out the relevant registration functions as regards services that only have stopping places in the area to which the scheme relates as from a particular time, and b if that election is made, must notify a traffic commissioner of that election and the time selected. 7 If notification is given under subsection (6), a traffic commissioner must delegate the relevant registration functions to— a the authority, or b the lead authority (as the case may be); and the authority or the lead authority (as the case may be) must carry them out. 8 A delegation under subsection (4) or (7) may come to end only when the scheme in question ceases to operate. 9 Regulations may be made for the purpose of carrying this section into effect. 10 In this section— “ local transport authority ” has the meaning given in section 108(4) of the Transport Act 2000; “ the relevant registration functions ”, in relation to an enhanced partnership scheme, means the functions of a traffic commissioner under sections 6, 6D and 6E of this Act so far as relating to— in the case of functions relating to the variation of registration, services that would be relevant services if varied as proposed, or in the case of any other function, relevant services; “ relevant service ”, in relation to an enhanced partnership scheme, means a local service that only has stopping places in the area to which the scheme relates; “ route requirement ” has the same meaning as in section 6D. Fees relating to relevant registration functions 6H 1 This section applies where the relevant registration functions of a traffic commissioner are carried out by a local transport authority in accordance with section 6G. 2 The local transport authority may charge fees under this section in respect of— a an application under section 6 of this Act for the registration of a relevant service, b an application under section 6 of this Act for the variation of the registration of a service that, as varied, would be or continue to be a relevant service, and c an application under section 6 of this Act for the cancellation of the registration of a relevant service. 3 The fees— a are to be determined by or in accordance with regulations, b are to be payable by such persons and at such times as the regulations may provide, and c are to be payable in one sum or in instalments, as provided by the regulations. 4 If a fee or instalment of a fee due under this section has not been paid, the local transport authority may decline to proceed with an application referred to in subsection (2) to which the fee or instalment relates until the fee or instalment is paid. 5 Amounts received in respect of fees charged under this section are not payable to the traffic commissioner (and accordingly may be retained by a local transport authority). 6 Where this section applies, fees may not be charged under section 52 of the 1981 Act (as applied by section 126 of this Act) in respect of an application referred to in subsection (2). 7 In this section— “ local transport authority ” has the meaning given in section 108(4) of the Transport Act 2000; “ relevant service ” has the same meaning as in section 6G; “ the relevant registration functions ” has the same meaning as in section 6G. Records of registration etc 6I 1 This section applies where the relevant registration functions of a traffic commissioner are carried out by a local transport authority in accordance with section 6G. 2 The local transport authority must keep a record of— a the local services that are registered and the registrations that are varied or cancelled by the authority under section 6; b the requirements imposed under section 138A(5)(b) of the Transport Act 2000 that are recorded by the authority as applying to services registered under section 6; c the local services that are cancelled by the authority under section 6E. 3 The authority must allow the record to be inspected at all reasonable times by members of the public. 4 The authority must supply to a traffic commissioner particulars of— a the local services that are registered and the registrations that are varied or cancelled by the authority under section 6; b the requirements imposed under section 138A(5)(b) of the Transport Act 2000 that are recorded by the authority as applying to services registered under section 6; c the local services that are cancelled by the authority under section 6E. 5 A record kept under this section is admissible in evidence of the matters required under this section to be entered in that record. 6 A copy of an entry made in such a record in pursuance of this section purporting to be— a signed on behalf of the authority by which the record is kept, and b certified as a true copy, is evidence of the matters stated in that entry without proof of the signature or authority of the person signing it. 7 Regulations may be made for the purpose of carrying this section into effect and any such regulations may, in particular, make provision— a as to the form of records under this section and the particulars they must contain; b as to the particulars to be supplied to a traffic commissioner under this section. 8 In this section— “ local transport authority ” has the meaning given in section 108(4) of the Transport Act 2000; “ the relevant registration functions ” has the same meaning as in section 6G. Contracting out of registration functions: fees 6J 1 Regulations may make provision about the charging of fees where an authorised person exercises a function of a traffic commissioner in relation to an application specified in subsection (2). 2 Those applications are— a an application under section 6 of this Act for the registration of a relevant service, b an application under section 6 of this Act for the variation of the registration of a service that, as varied, would be or continue to be a relevant service, and c an application under section 6 of this Act for the cancellation of the registration of a relevant service. 3 Regulations under this section may allow or require the authorised person to charge fees in respect of the application to which the function relates. 4 The regulations may— a specify the fees chargeable, or b make provision about the setting of fees by the authorised person, including provision about determining the amounts of such fees. 5 The regulations may include provision about— a who must pay the fees and at what times, and b whether the fees are payable in one sum or in instalments. 6 The regulations may provide that, if a fee or instalment of a fee due under the regulations has not been paid, the authorised person may decline to proceed with an application referred to in subsection (2) to which the fee or instalment relates until the fee or instalment is paid. 7 The regulations may make provision about how amounts received in respect of fees charged under the regulations are to be applied. 8 Provision made by virtue of subsection (7) may include— a provision for such amounts not to be payable to the traffic commissioner, and b provision that such amounts are to be paid, or not to be paid, into the Consolidated Fund. 9 The regulations may provide that fees are not to be charged under section 52 of the 1981 Act (as applied by section 126 of this Act) in respect of the applications referred to in subsection (2). 10 In this section— “ authorised person ”, in relation to a function of a traffic commissioner, means a person authorised to exercise that function by virtue of an authorisation given in accordance with an order under section 69 of the Deregulation and Contracting Out Act 1994; “ relevant service ” means a service which has stopping places only in England; “ service ” has the meaning given in section 6(1). Application for registration where service standard has effect 6K 1 This section applies where— a a bus services improvement partnership scheme made under section 3B of the Transport (Scotland) Act 2001 is in operation, b a service standard imposed under section 3B(3)(b) of that Act has effect, c an application for registration, or for variation of registration, is made under section 6 of this Act in respect of a local service to which that service standard would apply if the application were granted, and d the application is one which would, but for this section, fall to be accepted. 2 A traffic commissioner must refuse the application if— a the service standard is an operational service standard, and b the traffic commissioner considers that the person who would be the operator of— i the service proposed to be provided, or ii the service as proposed to be varied, is unlikely to be able to comply with the service standard as regards that service. 3 In this section, “ operational service standard ” is to be construed in accordance with section 3C(1)(b) of the Transport (Scotland) Act 2001. Cancellation of registration when operational service standards not met 6L 1 This section applies where— a a bus services improvement partnership scheme made under section 3B of the Transport (Scotland) Act 2001 is in operation, and b one or more service standards imposed under section 3B(3)(b) of that Act have effect. 2 If a traffic commissioner considers that— a an operational service standard imposed by the scheme applies to a service registered under section 6, and b the service is not being provided in accordance with that service standard, the traffic commissioner may cancel the registration of that service. 3 In this section, “ operational service standard ” is to be construed in accordance with section 3C(1)(b) of the Transport (Scotland) Act 2001. Power to make regulations for appeals against service standards decisions 6M Regulations may make provision for or about appeals relating to any— a decision to record a service standard as a prescribed particular under section 6(2ZA), b refusal of an application by virtue of section 6K(2), c cancellation of the registration of a service by virtue of section 6L(2), d decision to register a service that has a stopping place in the area to which the scheme relates, or e decision not to record a service standard in relation to such a service under section 6(2ZA). Scrutiny of operation of bus services improvement partnership 6N 1 This section applies where— a a bus services improvement partnership scheme made under section 3B of the 2001 Act (“ the scheme ”) is in operation, and b it appears to a traffic commissioner that the local transport authority (or authorities) who made the scheme may not be complying with their obligations under it including, in particular, any duty arising under section 3F(2) or (3) of the 2001 Act. 2 The traffic commissioner may— a investigate the actions of the local transport authority (or authorities) in relation to their compliance with their obligations under the scheme, b require the authority (or authorities) to provide such information as the commissioner may specify for the purposes of the investigation. 3 A local transport authority may be required to provide the information before the end of such period as may be specified by the traffic commissioner when imposing the requirement. 4 Following an investigation under subsection (2), the traffic commissioner must prepare and publish a report— a setting out whether or not the commissioner is satisfied that the local transport authority (or authorities) are complying with their obligations under the scheme, and b if the commissioner is not satisfied that the authority (or authorities) are complying with their obligations, making such recommendations as the commissioner considers appropriate, including, in particular, recommendations that the authority (or authorities) take such remedial action as may be specified in the report. 5 Before publishing a report prepared under subsection (4), the commissioner must provide a copy of it to— a the local transport authority (or authorities) who made the scheme, and b each operator providing a local service with a stopping place in the area of the scheme. 6 Where, under section 3E of the 2001 Act, the Scottish Ministers acted jointly with a local transport authority (or authorities) to make the scheme, this section applies to the Scottish Ministers as it applies to the authority (or authorities). 7 In this section— “ 2001 Act ” means the Transport (Scotland) Act 2001, “ local transport authority ” has the meaning given in section 82(1) of the 2001 Act. Application of traffic regulation conditions to local services subject to registration under section 6. 7 1 If a traffic authority asks him a traffic commissioner to exercise his powers under this section in relation to a particular traffic problem which has arisen or which the authority reasonably foresees is likely to arise , the traffic commissioner for any traffic area he or any other traffic commissioner may determine conditions (“traffic regulation conditions”) which must be met in the provision of services in the area to which the conditions are express