Explanatory note

These Regulations appoint 27 November 2026 as the date for the coming into force of section 40 of the Transport (Scotland) Act 2019.

Section 40 (provision of information about bus services) makes various amendments to the Transport (Scotland) Act 2001 (“the 2001 Act”).

Section 40(2) adds a new section 35A (power to require information about local services) to the 2001 Act. Subsection 35A(1) confers a power on the Scottish Minsters to make regulations requiring applicants for registration of a local service, operators of a registered local service, local transport authorities and the Scottish traffic commissioner to provide specified information in relation to local services. Subsections 35A(2) and (3) make related provision about the purpose for which the information can be required and the types of information that can be required. Subsections 35A(4)-(7) deal with the provision that may be made in the regulations about: the persons to whom the information is to be provided; the time by which the information is to be provided; the manner and form in which information is to be provided; and use and disclosure of the information.

Section 40(3) amends section 39(1) (penalties) of the 2001 Act, adding a new paragraph (ca) which provides that if the traffic commissioner is satisfied that the operator of a local service has failed without reasonable excuse to comply with a requirement imposed by regulations made under section 35A(1)(a) or (b) of the 2001 Act, the commissioner may impose a penalty on the operator.

Section 40(4) of the Act was repealed by the Transport (Scotland) Act 2019 Amendment Regulations (S.S.I. 2023/347) prior to the commencement of section 40.

The Bill for the Act received Royal Assent on 15 November 2019. Sections 128 to 132 came into force the following day.