Paragraph 4 Report on assessmentF1

(1)

The franchising authority or authorities may not proceed with the proposed variation unless they have obtained a report from an independent approved person on the assessment of the proposed variation (see paragraph 2).

(2)

The report must state whether, in the opinion of the approved person—

(a)

the information relied on by the authority or authorities in considering the matters referred to inparagraph 2(3)(d) and (e) is of sufficient quality,

(b)

the analysis of that information in the assessment is of sufficient quality, and

(c)

the authority or authorities had due regard to guidance issued under paragraph 2 in preparing the assessment.

(3)

The Secretary of State must issue guidance as to—

(a)

the time at which it is appropriate to appoint an approved person to produce a report for the purposes of sub-paragraph (1), and

(b)

the matters to be taken into account by a franchising authority when selecting such a person, including for the purposes of determining whether a person is independent.

(4)

Franchising authorities must have regard to any such guidance.

(5)

The Secretary of State must issue guidance concerning the matters to be taken into account by an approved person when forming an opinion as to whether the information relied on, and the analysis of that information, by an authority is of sufficient quality for the purposes of sub-paragraph (2).

(6)

Approved persons must have regard to any such guidance.

(7)

In this paragraph “approved person” means a person specified, or of a description specified, in regulations made by the Secretary of State.

Annotations

Textual amendments

F1: Sch. 9A inserted (26.1.2026) by Bus Services Act 2025 (c. 24), s. 41(5), Sch. (with s. 3(4)); S.I. 2026/46, reg. 2(o) (with reg. 5)