OpenLegislation

Section 36 Training about disability: further provisionsI1I2

England, Wales and Scotland

(1)

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

(a)

to keep such records relating to their compliance with the disability training requirements as are specified or described in the regulations,

(b)

to publish, in such manner and at such times as the regulations specify, such information relating to their compliance with the disability training requirements as is specified or described in the regulations, and

(c)

to provide to the Secretary of State such information relating to their compliance with the disability training requirements as the Secretary of State may require.

(2)

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

(a)

consequential, supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes.

(3)

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

(4)

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

(a)

the disability training requirements, and

(b)

regulations made under this section.

(5)

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

(6)

The Secretary of State must publish—

(a)

guidance issued under subsection (4), and

(b)

any variation or revocation of the guidance.

(7)

In this section—

(a)

“Regulation 181/2011” means 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,

(b)

“carrier” and “terminal managing body” have the same meanings as in Regulation 181/2011, and

(c)

“disability training requirements” means the requirements of paragraph 1 of Article 16 of Regulation 181/2011 as they apply by virtue of paragraph 1A of that Article.

(8)

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).

(9)

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.

(10)

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.

Annotations

Commencement

I1

S. 36 in force at Royal Assent for specified purposes, see s. 41(5)

I2

S. 36 in force at 5.8.2026 in so far as not already in force by S.I. 2026/834, reg. 2(h)