Bus Services Act 2025 in Scotland

The Public Service Obligations in Transport Regulations 2023 (S.I. 2023/1369) are amended as follows.

After regulation 16 insert—

“Direct award of bus contracts to incumbent operators

16A.

(1)

A franchising authority, or two or more franchising authorities acting jointly, may make a direct award of a public service contract where—

(a)

the contract is a local service contract in relation to a franchising scheme,

(b)

no local services provided in the area to which the contract relates are provided under a local service contract, and

(c)

the award is made to a public service operator who, throughout the period of three months ending with the day on which the contract is entered into, is providing local services which are the same as, or substantially similar to, the local services to which the contract relates.

(2)

Where a franchising authority makes a direct award of a public service contract under this regulation, it must, within six months of granting the award, and while ensuring the protection of commercially sensitive information and commercial interests, publish a notice on its website which—

(a)

sets out the information specified in paragraph (3), or

(b)

where any of the information in paragraph (3) has already been published (whether under regulation 23 or otherwise), provides details of where that information can be accessed,

and, where the award is made by two or more franchising authorities acting jointly, the notice must be published on each authority’s website.

(3)

The information referred to in paragraph (2) is—

(a)

the name of the public service operator, its ownership and, if relevant, the name of the party or parties exercising legal control,

(b)

the duration of the public service contract,

(c)

a description of the passenger transport services to be performed,

(d)

a description of the parameters of the financial compensation,

(e)

information about any quality targets, such as punctuality and reliability and any applicable rewards and penalties, and

(f)

information about any targets or requirements intended to protect the environment or to ensure local services are accessible and inclusive.

(4)

In this regulation, each of the following terms has the same meaning as in Part 2 of the Transport Act 2000—

• “franchising authority”;

• “franchising scheme”;

• “local service”;

• “local service contract”.”

In regulation 9 (duration of public service contracts)—

In regulation 22(3)(b) (pre-award publication), at the end insert “or regulation 16A (direct award of bus contracts to incumbent operators)”.

Section 24 of the Public Passenger Vehicles Act 1981 (regulation of conduct of inspectors) is amended in accordance with subsections (2) and (3).

After subsection (1) insert—

“(1A)

Regulations under subsection (1)(b) may, in particular, make provision about whether or not a person authorised to act as an inspector by a relevant authority may act in that capacity in relation to a relevant local service—

(a)

at times when the public service vehicle used to provide the service is outside the area of the authority (including when the vehicle is in Wales or Scotland);

(b)

which does not have a stopping place in the area of the authority.”

For subsection (4) substitute—

“(4)

In this section and section 25 “inspector”, in relation to a public service vehicle, means—

(a)

a person authorised to act as an inspector by the holder of the PSV operator’s licence under which the vehicle is being used, and

(b)

in the case of a vehicle being used to provide a relevant local service, a person authorised to act as an inspector by a relevant authority.

(4A)

In this section—

• “relevant authority” means—

  1. (a)

     a local transport authority (within the meaning given by Part 2 of the Transport Act 2000) whose area is in England, or

  2. (b)

     Transport for London;

• “relevant local service” means a local service which has one or more stopping places in England;

• “stopping place” has the same meaning as in the Transport Act 1985.”

In the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 (S.I. 1990/1020), “inspector” includes an inspector authorised as mentioned in section 24(4)(b) of the Public Passenger Vehicles Act 1981.

Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 is amended as follows.

In Article 2 (scope), at the end of paragraph 2 insert “, and where the service is a local service, point (a) of Article 16(1) shall also apply”.

In Article 3 (definitions), at the end insert—

“(y)

“local service” means a local service within the meaning given by the Transport Act 1985.”

In Article 16 (training)—

The Secretary of State may by regulations made by statutory instrument require carriers and terminal managing bodies—

The power to make regulations under this section includes power to make—

A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

The Secretary of State may issue guidance about compliance with the requirements of—

The Secretary of State may at any time vary or revoke guidance issued under subsection (4).

The Secretary of State must publish—

In this section—

The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013 (S.I. 2013/1865) are amended in accordance with subsections (9) and (10).

In regulation 8, after paragraph (1) insert—

“(1A)

Paragraph (1) does not apply in relation to the enforcement of the requirements of paragraph 1 of Article 16 of Regulation 181/2011 as they apply to a terminal managing body by virtue of paragraph 1A of that Article, and the designated body responsible for the enforcement of those requirements as they so apply is a traffic commissioner who is subject to the duty in regulation 10A(1) of these regulations in relation to those requirements.

(1B)

The enforcement authority in relation to the requirements of regulations made under section 36 of the Bus Services Act 2025 is a traffic commissioner who is subject to the duty in regulation 10A(1) of these regulations in relation to those requirements.”

After regulation 10 insert—

“Enforcement: disability training and information

10A.

(1)

It is the duty of a traffic commissioner to exercise the powers available to the commissioner under these regulations and any other enactments in such manner as may be necessary or expedient in the opinion of the commissioner to remedy or avoid any contravention of—

(a)

the requirements of paragraph 1 of Article 16 of Regulation 181/2011 as they apply by virtue of paragraph 1A of that Article;

(b)

the requirements of regulations made under section 36 of the Bus Services Act 2025.

(2)

If a traffic commissioner is satisfied that a carrier or terminal managing body has, without reasonable excuse, contravened any such requirement, the traffic commissioner may impose a penalty on the carrier or terminal managing body.

(3)

Paragraphs (6) to (8), (10) to (12) and (14) to (16) of regulation 10 apply in relation to the imposition of a penalty under this regulation on a carrier or terminal managing body as they apply in relation to the imposition of a penalty under paragraph (4)(b)(ii) of that regulation on a relevant person.”

The Transport (Scotland) Act 2001 is amended as follows.

Before the italic heading preceding section 36 insert—

“Zero-emission vehicles

Use of zero-emission vehicles for local services

35B

(1)

The operator of a service that falls within subsection (2) may not use a vehicle that falls within subsection (3) to provide the service in Scotland.

(2)

A service falls within this subsection if it is a local service which has one or more stopping places in Scotland and which—

(a)

is registered under section 6 of the 1985 Act, or

(b)

is not required to be registered under that section because of section 13B(1)(a).

(3)

A vehicle falls within this subsection if—

(a)

it is constructed or adapted to carry both seated and standing passengers, with the number of seated passengers being more than 22 (determined in accordance with regulations made under section 26 of the Public Passenger Vehicles Act 1981),

(b)

it is first registered under the Vehicle Excise and Registration Act 1994 on or after a date specified in regulations made by the Scottish Ministers, and

(c)

the tailpipe emissions from it include any of the following—

(i)

carbon dioxide;

(ii)

carbon monoxide;

(iii)

hydrocarbon;

(iv)

nitrogen oxide;

(v)

particulates.

(4)

The Scottish Ministers may by regulations—

(a)

specify descriptions of document that may be relied on in order to determine for the purposes of this section what is included in the tailpipe emissions from a vehicle,

(b)

specify descriptions of vehicle in relation to which subsection (1) does not apply, and

(c)

specify local services or descriptions of local service in relation to which subsection (1) does not apply.

(5)

The date specified under subsection (3)(b) may not be before 1 January 2030.”

In section 39(1) (penalties)—

In section 81(4) (regulations and orders), in paragraph (b), after “35A(1)” insert “, 35B(3)(b)”.

The Secretary of State may by regulations make provision that is consequential on this Act.

Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—

The power to make regulations under this section includes power to make—

Regulations under this section are to be made by statutory instrument.

A statutory instrument containing regulations under this section that amend or repeal provision made by an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

The following provisions extend to England and Wales and Scotland—

Section 38 extends to Scotland only.

The remaining provisions of this Act extend to England and Wales only.

Sections 39 and 40, this section and section 42 come into force on the day on which this Act is passed.

Section 31 comes into force at the end of the period of two months beginning with the day on which this Act is passed.

Section 33 comes into force at the end of the period of six months beginning with the day on which this Act is passed.

Section 38 comes into force—

The remaining provisions of this Act come into force—

The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of section 38.

The Secretary of State may by regulations made by statutory instrument make transitional or saving provision (in addition to any transitional and saving provision made by this Act) in connection with the coming into force of any other provision of this Act.

For regulations made by the Scottish Ministers under subsection (4)(b) or (6), see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).