Explanatory Notes

Transport (Scotland) Act 2001

2001 asp 2

25 January 2001

The Act

Part 2 .Bus Services

Quality contract schemes

Section 22 Effect of quality contract scheme

43.This section provides that, once a scheme is in operation in relation to a local service included in it, sections 6 to 9 of the Transport Act 1985 (which deal with registration of local bus services) will cease to have effect in relation to that service and no such service may be provided except in accordance with a QC. The role of the traffic commissioner in monitoring services is therefore removed and enforcement becomes a matter of contract management for the local transport authority in accordance with the terms of the QC. However, where a service is excluded from a QC scheme under section 14(3) of the Act, sections 6 to 9 of the 1985 Act continue to apply to it and any conditions made under section 14(3) will be treated as if they were prescribed particulars under section 6 of the 1985 Act. The traffic commissioner may therefore still take action for breach of any conditions under which the excluded service is required to operate.