The Bus Services Act 2017

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The Bus Services Act 2017

Guidance on the Registration of local bus services in an Enhanced

Partnership Area

September 2019

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Contents

1. Introduction

4

Who should read this guidance?

4

What is this guidance for?

4

2. Detailed Guidance

6

3. Traffic Commissioner remains the registration authority after EP introduced 7

Enforcement powers

8

Traffic Commissioner Discretion

8

4. The LTA takes over the registration function from the traffic commissioner:

either when the scheme is first made or during the life of the scheme

9

5. Route requirements

15

6. Conduct of the LTA when acting as registration authority

19

7. Appeal arrangements

21

Annexes

26

Annex A - Notice when an EP scheme is made or varied

26

Annex B - Notice when an EP scheme is postponed or revoked

27

Annex C - Notification to operators when LTA takes over registration

27

Annex D - LTA fees

28

Annex E - Recording and publication of information

28

Annex F - Cancelling registrations

29

Annex G - Breaching a route requirement

32

Annex H - Tendering arrangements for LTA contracts

36

Annex I - Notification of intention to cancel

39

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1. Introduction

Who should read this guidance?

1.1 This document is only of interest to: ? Local Transport Authorities (LTAs) that are considering, or are required, to take

on the local bus service registration function from the traffic commissioner as part of an Enhanced Partnership (EP) under powers in the Bus Services Act 2017 (the 2017 Act)1. ? Operators of local bus services who are running local bus services that would be affected by the registration authority changing from the traffic commissioner to the LTA.

What is this guidance for?

1.2. The Bus Services Act 2017 (`the 2017 Act') includes two types of statutory partnership agreement that can be made between LTAs and local bus operators: ? An Advanced Quality Partnership ? An Enhanced Partnership Details on the difference between these two regimes is contained in The Bus Services Act 2017 New powers and opportunities ? which can be downloaded here: Detailed guidance on the Advanced Quality Partnership regime can be found here: Detailed guidance on the Enhanced Partnership regimes can be found here: 1.3. Under the Transport Act 1985, local bus services are required to be registered with the traffic commissioner. The bus operator must provide the traffic commissioner with `particulars' of the service, including the route and timetable. Once the service is registered, the bus operator must run the service in accordance with the registered particulars ? or face enforcement action by the traffic commissioner. Under an EP, the requirements of the scheme ? either area-based requirements, such as a smart ticketing scheme, or route-based requirements such as a maximum frequency of service on an individual bus route ? are included as requirements of registration. If an

1 The 2017 Act inserts the relevant provisions into the Transport Act 2000 ? see below.

4

operator wishes to register a local bus service on a route that is subject to an area or route-based requirement, they must comply with those requirements for as long as the service remains registered or those requirements in the EP exist. Failure to do so can result in enforcement action by the traffic commissioner. 1.4. However, the 2017 Act2 amends the Transport Act 1985 to allow the registration function currently undertaken by the traffic commissioner to pass to the LTA as part of an EP. This can happen in two ways: ? The LTA (or `lead' LTA if an EP covers the geographical area of more than one

LTA3) can decide itself to take on the registration function from the traffic commissioner; ? If the EP includes a route requirement4 (even just one) that applies wholly within the geographical area of the EP, the 2017 Act requires the LTA to take on the registration function from the traffic commissioner when that route requirement(s) first apply ? either if is included when the scheme is first made, or if it is later varied to include a route requirement. 1.5. However, both of those only apply to registered services whose route operates wholly within the geographical area of the EP. Bus services crossing that geographical boundary always remain registered with the traffic commissioner. 1.6. This guidance and the accompanying regulations - The Public Service Vehicles (Registration of Local Services in Enhanced Partnership Areas) (England) Regulations 2019 (`the 2019 Regulations') set out the practical steps that LTAs, bus operators and the traffic commissioner will need to go through in order for the registration powers to pass from the traffic commissioner to an LTA. It also sets out special arrangements that must apply when a local bus operator cannot, or refuses, to meet those requirements. 1.7. The rules that govern how the registration system works are in the Public Service Vehicles (Registration of Local Services) Regulations 1986 (`the 1986 Regulations' SI 1986/1671)5. However, please bear in mind that these regulations have been considerably altered over time by subsequent amending regulations. 1.8. Guidance for making an EP scheme is set out in the main EP guidance document.

2 Section 14 of the 2017 Act/ section 6G of the Transport Act 1985 3 See section 4 below 4 See section 5 below 5 The original regulations can be downloaded at:

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