Explanatory note
(This note is not part of the Regulations)
These Regulations bring into force specified provisions of the Bus Services Act 2025 (c. 24) (“the 2025 Act”). These are the third commencement Regulations made under the 2025 Act.
Regulation 2 of these Regulations brings sections 9 and 37 of the 2025 Act into force on 29th October 2026.
Section 9 of the 2025 Act makes provision in respect of reports on the assessment of proposed bus franchising schemes. It amends section 123D of the Transport Act 2000 (c. 38) (“the 2000 Act”) to expand the types of professionals who can conduct an independent report on franchising scheme assessments from auditors to “approved persons”. Section 9 of the 2025 Act amends section 123D(8) of the 2000 Act to provide that “approved persons” are persons specified, or of a description specified, in regulations to be made by the Secretary of State under section 123D(8).
Regulation 3 of these Regulations makes transitional provision for the assessment of proposed bus franchising schemes following the coming into force of section 9 of the 2025 Act. Where a report on the assessment of a proposed franchising scheme is being obtained under section 123D, the 2000 Act will continue to have effect as if it had not been amended by section 9 of the 2025 Act. This arrangement only applies from 29th October 2026 until the date on which the first regulations made by the Secretary of State under section 123D (8) of the 2000 Act come into force. This is to allow time for the Secretary of State to make regulations specifying “approved persons” to report on assessments of proposed bus franchising schemes under section 123D(8).
Section 37 of the 2025 Act makes provision in respect of the use of non-zero emission vehicles on registered local bus services in England. It inserts a new section 151A into the 2000 Act to prevent the use of new non-zero-emission vehicles on registered local bus services in England on or after a date to be specified by the Secretary of State in regulations.
A full impact assessment has been published in relation to the 2025 Act and copies can be obtained at https://www.legislation.gov.uk/en/ukpga/2025/24/resources or from the Department for Transport at Great Minster House, 33 Horseferry Road, London, SW1P 4DR, United Kingdom.