The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013

Amendments of the 1981 Act and other legislation

13.—(1) In the 1981 Act—

(a) at the end of section 29, insert—

“This section does not apply to anything that is governed by Article 6 of the 2011 Regulation.”;

(b) in section 54—

(i) in subsections (8)(b) and (8)(c), after “the 2009 Regulation”, insert “or the 2011 Regulation”;

(ii) in subsection (9), omit the “and” after paragraph (a) and after subsection (b), insert—

“(c) the Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013.”;

(c) in section 82(1), after the definition of “the 2009 Regulation”, insert—

““the 2011 Regulation” 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;”.

(2) In the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990(1), after regulation 14(3), insert—

“(3A) Paragraphs (2) and (3) do not apply to anything that is governed by Article 13(2) of 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.”.

(3) In the Public Service Vehicles (Operators’ Licences) Regulations 1995(2)—

(a) in regulation 3(1), after the definition of “the 1985 Act”, insert—

““the 2011 Regulation” 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) replace regulation 7(1) with—

“7.— (1) For the purpose of section 16(3), the prescribed description of conditions is any condition regulating any of the matters specified in—

(a) paragraph (2), in relation to a journey, or part of a journey, the purpose or the main purpose of which is to carry passengers to or from a designated sporting event; and

(b) paragraph (3), for the purpose of remedying or avoiding any contravention of the 2011 Regulation.”;

(c) in regulation 7(2), for “paragraph (1)” substitute “paragraph (1)(a)”; and

(d) after regulation 7(2), insert—

“(3) The matters referred to in paragraph (1)(b) are—

(a) non-discrimination between passengers with regard to transport conditions offered by carriers;

(b) rights of passengers in the event of accidents arising out of the use of a bus or coach resulting in death or personal injury or loss of or damage to luggage;

(c) non-discrimination and mandatory assistance for disabled persons and persons with reduced mobility;

(d) rights of passengers in cases of cancellation or delay;

(e) minimum information to be provided to passengers; and

(f) handling of complaints.

(4) Expressions used in paragraph (3) have the same meaning which they bear in Article 1 of the 2011 Regulation.”.

(4) In paragraph 34 of Part 9 (Transport) of Schedule 3 (Services and Public Functions: Exceptions) to the Equality Act 2010(3), after sub-paragraph (1), insert—

“(1A) Sections 20 to 22 and section 29 do not apply to anything that is governed by 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.”.

(5) In paragraph 1 of Schedule 1 (Scope of Sections 2 to 4 and 7) to the Unfair Contract Terms Act 1977(4), after sub-paragraph (e), insert—

“(f) anything that is governed by Article 6 of 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.”

(6) In Regulation 8 of the Unfair Terms in Consumer Contracts Regulations 1999(5), after paragraph (2) insert—

“(3) This regulation does not apply to anything that is governed by Article 6 of 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.”

(1)

S.I. 1990/1020. Regulation 14 was inserted by the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002 (S.I. 2002/ 1724), regulations 2, 6.

(2)

S.I. 1995/ 2908, to which there are amendments not relevant to these Regulations.

(3)

2010 c.15. Paragraph 34 of Part 9 of Schedule 3 has been amended by the Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/ 2279).

(4)

1977 c.50, to which there are amendments not relevant to these Regulations.

(5)

S.I.1999/2083.