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PART 1General

Services to be excluded from the application of section 113E(7) and (8) of the 2000 Act

5.—(1) This regulation applies where a local service is provided in accordance with a service subsidy agreement, or series of such agreements taken together, and that agreement or series of agreements has the effect described in paragraph (2).

(2) The effect is that by virtue of a requirement of the agreement or series of agreements, an operator provides services which meet one or more relevant requirements.

(3) Where this regulation applies, the restrictions contained in section 113E(7) and (8) (advanced quality partnership schemes: facilities, measures and standards) of the 2000 Act(1) do not apply in respect of any relevant requirements.

(4) For the purposes of this regulation—

(a)a “service subsidy agreement” means an agreement made under section 9A(4) (general functions of authorities and executives) of the Transport Act 1968(2) or section 63(5) (functions of local councils with respect to passenger transport in areas other than integrated transport areas and passenger transport areas) of the 1985 Act(3); and

(b)a “relevant requirement” means a requirement specified in a scheme, or proposed scheme as to—

(i)the standard of services to be provided in relation to the frequency or timing of services,

(ii)the maximum fares that may be charged for particular journeys, or for journeys of particular descriptions,

(iii)the ways in which passengers may pay for journeys, or

(iv)the vehicles being used to provide the services.

(1)

Section 113E was inserted by section 1 of the Bus Services Act 2017.

(2)

1968 c. 73. Section 9A was inserted by section 57 of the Transport Act 1985. Section 9A(4) was amended by section 67 of the Local Transport Act 2008.

(3)

Section 63(5) was amended by section 68(2) of the Local Transport Act 2008.