Bus Services (Wales) Act 2026

PART 6 MISCELLANEOUS AND GENERAL

Transfer of undertakings

37 Application of TUPE

(1) Regulations must make provision for circumstances in which a relevant transfer is to be treated (to the extent that‍ this would not otherwise be the case) as taking place for the purposes of TUPE, upon—

(a) a local bus service contract being entered into under section 10, or terminated or varied, whether under the terms of the contract or otherwise;

(b) a local bus service permit being granted under section 12, or revoked or varied, or ceasing to have effect by virtue of the expiry of the period specified under section 13(1);

(c) the Welsh Ministers undertaking the provision of a local bus service under section 18, or ceasing to provide such a service.

(2) Regulations that make provision under subsection (1) for circumstances in which a relevant transfer is to be treated as taking place for the purposes of TUPE—

(a) must also make provision for that relevant transfer to be treated as being a relevant transfer within the meaning of TUPE for the purposes of sections 257 and 258 of the Pensions Act 2004, and any regulations made under section 258 of that Act;

(b) may make further provision in connection with the application of TUPE in respect of the relevant transfer.‍

(3) In this section—

(a) references to TUPE are to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);‍

(b) references to a “relevant transfer” are references to a relevant transfer within the meaning given to that term in those Regulations.

Transport Act 1985: registration of services with traffic commissioner

38 Transport Act 1985: removal of requirements relating to registration

(1) The 1985 Act is amended as follows.

(2) In section 6 (registration of local services)—

(a) in subsection (1), for “or (1D)” substitute “, (1D) or (1F)”;

(b) after subsection (1E) insert—

“(1F) A service falls within this subsection if it is a local bus service for the purposes of section 1 of the Bus Services (Wales) Act 2026 (asc [X]).

(1G) But for the purposes of subsection (1F), a service that is within subsection (1I) is not to be treated as a local bus service (and is therefore a local service for the purposes of subsection (1)) unless it is—

(a) secured under a local bus service contract entered into under section 10(1) of the Bus Services (Wales) Act 2026, or

(b) a service in respect of which a local bus service permit granted under section 12(1) of that Act has effect.

(1H) For the purposes of subsection (1G)(b), a local bus service permit is to be treated as continuing to have effect throughout any period during which the permit is suspended under section 16(1) of the Bus Services (Wales) Act 2026.

(1I) The services are—

(a) a community bus service (within the meaning given in section 22(1) of this Act);

(b) a service provided as described in section 46(1) of the 1981 Act (fare-paying passengers on school buses).

(1J) In the case of a service that is a standard local bus service for the purposes of the Bus Services (Wales) Act 2026, any part of the service which is provided outside Wales is to be treated as a separate service for the purposes of subsection (1F) (and is therefore not a local bus service for the purposes of that subsection), if there is any stopping place for that part of the service outside Wales, or if there is any point outside Wales at which passengers may request to be taken up or set down (other than in the case of an emergency).

(1K) In the case of a service that is a flexible local bus service for the purposes of the Bus Services (Wales) Act 2026, any part of its area of operation which is outside Wales is to be treated as a separate service for the purposes of subsection (1F) (and is therefore not a local bus service for the purposes of that subsection).”

39 Transport Act 1985: existing registration etc. ceasing to have effect

(1) This section applies where–

(a) a local bus service is registered with a traffic commissioner under section 6 of the 1985 Act, but

(b) that service ceases to be a local service, for the purposes of section 6, by virtue of the amendments made to that section by section 38.

(2) When the service ceases to be a local service for the purposes of section 6—

(a) the registration of the service under section 6 ceases to have effect, and

(b) any condition that has been attached to a community bus permit or a PSV operator’s licence under section 8 of the 1985 Act, so far as applying in respect of the service, ceases to have effect.

Welsh Ministers’ power to secure provision of public passenger transport services

40 Restriction on the power to secure the provision of public passenger transport services under section 7 of the Transport (Wales) Act 2006

(1) Section 7 (provision of public passenger transport services) of the Transport (Wales) Act 2006 (c. 5) is amended as follows.

(2) In subsection (1), after “public passenger transport services” insert “, other than a service that is within subsection (1A),”.

(3) After subsection (1), insert—

“(1A) A service is within this subsection if it is a local bus service for the purposes of section 1 of the Bus Services (Wales) Act 2026 (asc [X]).”

(4) After subsection (4A), insert—

“(4B) The restriction in subsection (4) does not apply in the case of a local bus service contract entered into under the Bus Services (Wales) Act 2026 (asc [X]).”

Transport Act 2000: local authority schemes

41 Transport Act 2000: removal of certain local authority schemes

(1) In the Transport Act 2000 (c. 38)—

(a) omit sections 114 to 123 (quality partnership schemes);

(b) omit sections 124 to 134B (quality contracts schemes);

(c) omit sections 135 to 138 (joint ticketing schemes).

(2) Any scheme made under section 114, 124, or section 135 of that Act ceases to have effect.

General

42 Regulations under this Act

(1) A power to make regulations under this Act is exercisable by Welsh statutory instrument.

(2) A power to make regulations under this Act includes power to make different provision for different purposes and for different areas.

(3) A power to make regulations under this Act includes power to make—

(a) supplementary, incidental and consequential provision;

(b) transitional and saving provision.

(4) The provision that may be made by virtue of subsection (3) includes provision modifying any enactment (whenever enacted or made, and including this Act).

(5) A Welsh statutory instrument to which this subsection applies is subject to the Senedd approval procedure.

(6) Subsection (5) applies to a Welsh statutory instrument containing regulations under any of the following provisions—

(a) section 16(5) (revocation and suspension of local bus service permits);

(b) section 23(3) (application of restriction in section 23);

(c) section 25(2)(b) (other orders that may be made by traffic commissioner in respect of breach of restriction in section 23);

(d) section 25(9)(a)(i) and (b)(i) (determination of upper limit for penalties for breach of restriction in section 23);

(e) section 27 (provision of information to the Welsh Ministers for the purposes of functions under Part 2 or 3);

(f) section 28 (provision of information about infrastructure and other matters to the Welsh Ministers by local authorities and community councils);

(g) section 29 (information to be made available to the public);

(h) section 30 (provision of information to the Welsh Ministers for the purposes of section 29);

(i) section 32(2)(b) (other orders that may be made by traffic commissioner in respect of failure to comply with requirement to provide information);

(j) section 32(9)(a)(i) and (b)(i) (determination of upper limit for penalties for failure to comply with requirement to provide information);

(k) section 37(1) and (3) (application of TUPE);

(l) section 44(3) (meaning of operator).

(7) Subsection (5) also applies to a Welsh statutory instrument containing regulations under any provision not mentioned in subsection (6), where the regulations modify any provision of primary legislation.

(8) Any other Welsh statutory instrument containing regulations under this Act is subject to the Senedd annulment procedure.

(9) In this section, “primary legislation” means any of the following—

(a) an Act of Senedd Cymru;

(b) an Assembly Measure;

(c) an Act of the Parliament of the United Kingdom.

43 Giving notices etc.

(1) This section applies where a provision of this Act or of regulations made under this Act requires or authorises a person to—

(a) notify another person of something, or

(b) give a document to another person (whether the provision uses the word “serve” or “give” or any other term).

(2) The notification or other document may be given to the person in question in any of the following ways—

(a) by handing it to the person;

(b) by leaving it, addressed to the person, at the person’s proper address;

(c) by sending it by pre-paid post, addressed to the person at the person’s proper address;

(d) if the person has given an address for service using electronic communications, by sending it to the person at that address using an electronic communication that complies with the conditions in subsection (9).

(3) The reference in subsection (2)(a) to handing a notification or other document to a person is—

(a) if the person is a body corporate, a reference to handing it to an officer of the body;

(b) if the person is a partnership, a reference to handing it to a partner.

(4) The reference in subsection (2)(b) and (c) to a notification or other document being addressed to a person is—

(a) if the person is a body corporate, a reference to its being addressed to the body corporate, or to an officer of the body;

(b) if the person is a partnership, a reference to its being addressed to the partnership, or to a partner.

(5) Subsections (6) to (8) apply for the purposes of determining a person’s proper address as referred to in subsections (2)(b) and (c).

(6) If the person has given an address for the service of a specific notification or other document, that address is the person’s proper address for the purposes of the service of that notification or other document.

(7) In the case of service of a notification or other document in respect of which the person has not given an address for service as described in subsection (6), if the person has given an address for the service of documents generally, that address is the person’s proper address for the purposes of the service of the notification or other document.

(8) In the case of service of a notification or other document where the person has neither given an address for service as described in subsection (6) in respect of that notification or document, nor given an address for the service of documents generally, the person’s proper address for the purposes of the service of the notification or other document is—

(a) if the person is a body corporate, the address of the registered or principal office of the body;

(b) if the person is a partnership, the address of the principal office of the partnership;

(c) in any other case, the person’s last known residence or place of business.

(9) The conditions referred to in subsection (2)(d) are that the notification or other document is—

(a) capable of being accessed by the person to whom it is sent,

(b) legible in all material respects, and

(c) capable of being used for subsequent reference.

(10) For the purposes of this section—

(a) the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is their principal office within the United Kingdom;

(b) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.

44 General interpretation

(1) In this Act—

• “the 1981 Act” (“Deddf 1981”) means the Public Passenger Vehicles Act 1981 (c. 14);

• “the 1985 Act” (“Deddf 1985”) means the Transport Act 1985 (c. 67);

• “community bus permit” (“trwydded bysiau cymunedol”) has the meaning given in section 22 of the 1985 Act;

• “community bus service” (“gwasanaeth bysiau cymunedol”) has the meaning given in section 22 of the 1985 Act;

• “functions” (“swyddogaethau”) includes powers and duties;

• “local authority” (“awdurdod lleol”) means a county or county borough council in Wales;

• “modify” (“addasu”) includes amend, repeal or revoke;

• “notice” (“hysbysiad”) means notice in writing;

• “Part 3 of Schedule 1 service” (“gwasanaeth Rhan 3 o Atodlen 1”) means a service for the carriage of passengers by road in which every vehicle used is so used in circumstances in which the conditions set out in Part 3 of Schedule 1 to the 1981 Act are met;

• “PSV operator’s licence” (“trwydded gweithredwr cerbydau gwasanaeth cyhoeddus”) has the same meaning as in the 1981 Act;

• “public passenger transport services” (“gwasanaethau trafnidiaeth gyhoeddus i deithwyr”) has the meaning given in section 7 of the Transport (Wales) Act 2006 (c. 5);

• “regulations” (“rheoliadau”) means regulations made by the Welsh Ministers;

• “section 19 service” (“gwasanaethau adran 19”) means a service for the carriage of passengers by road in which every vehicle used is so used under a permit under section 19 of the 1985 Act;

• “specified” (“penodedig” and “a bennir”) (unless the context requires otherwise) means specified in regulations;

• “traffic commissioner” (“comisiynydd traffig”) means a traffic commissioner for England and Wales appointed under section 4 of the 1981 Act;

• the “Wales Transport Strategy” (“Strategaeth Drafnidiaeth Cymru”) means the Wales Transport Strategy published under section 2 of the Transport (Wales) Act 2006 (c. 5).

(2) References in this Act to an operator, in relation to a service, are to the person, or each of the persons, providing the service; and related expressions (including references to a person having operated a service) are to be construed accordingly.

(3) Regulations may make provision about circumstances in which a person of a specified description is to be treated for the purposes of subsection (2) as providing or not providing a service

45 Index of defined terms

The Table below lists provisions in this Act that define or otherwise explain terms used in this Act (other than a term used only in a section where that term is defined or explained)—

TABLE

Term	Relevant provision
1981 Act (“Deddf 1981”)	Section 44(1)
1985 Act (“Deddf 1985”)	Section 44(1)
Active travel route (“llwybr teithio llesol”)	Section 27(7)
Cross-border service (“gwasanaeth trawsffiniol”)	Section 20(1)
Community bus permit (“trwydded bysiau cymunedol”)	Section 44(1)
Community bus service (“gwasanaeth bysiau cymunedol”)	Section 44(1)
Disembarkation point (“man disgyn”)	Section 2(b)
Embarkation point (“man esgyn”)	Section 2(a)
Flexible local bus service (“gwasanaeth bysiau lleol hyblyg”)	Section 3(a)
Functions (“ swyddogaethau”)	Section 44(1)
Local authority (“awdurdod lleol”)	Section 44(1)
Local bus service (“gwasanaeth bysiau lleol”)	Section 1
Local bus service contract (“contract gwasanaeth bysiau lleol”)	Section 10(1)
Local bus service permit (“trwydded gwasanaeth bysiau lleol”)	Section 12(2)
Modify (“ addasu”)	Section 44(1)
Notice (“ hysbysiad”)	Section 44(1)
Operator (“ gweithredwr”)	Section 44(2)
Part 3 of Schedule 1 service (“gwasanaeth Rhan 3 o Atodlen 1”)	Section 44(1)
PSV operator’s licence (“trwydded gweithredwr cerbydau gwasanaeth cyhoeddus”)	Section 44(1)
Public passenger transport services (“gwasanaethau trafnidiaeth gyhoeddus i deithwyr”)	Section 44(1)
Regulations (“ rheoliadau”)	Section 44(1)
Related facilities (“cyfleusterau cysylltiedig”)	Section 27(7)
Section 19 service (“gwasanaeth adran 19”)	Section 44(1)
Specified (“ penodedig” and “ pennu”)	Section 44(1)
Standard local bus service (“gwasanaeth bysiau lleol safonol”)	Section 3(b)
Traffic commissioner (“comisiynydd traffig”)	Section 44(1)
Wales Transport Strategy (“Strategaeth Drafnidiaeth Cymru”)	Section 44(1)
Welsh Bus Network Plan (“Cynllun Rhwydwaith Bysiau Cymru”)	Section 5(1)(b)

46 Power to make consequential, transitional etc. provision

(1) If the Welsh Ministers consider it necessary or appropriate for the purposes of, or in consequence of, or for giving full effect to any provision of this Act, they may by regulations make—

(a) supplementary, incidental and consequential provision;

(b) transitional and saving provision.

(2) Regulations under subsection (1) may modify any enactment (whenever enacted or made, and including this Act).

47 Minor and consequential amendments

The Schedule (which makes minor and consequential amendments etc.) has effect.

48 Coming into force

(1) The following provisions come into force on the day after the day on which this Act receives Royal Assent—

(a) sections 1 to 3;

(b) section 5(6) and (7);

(c) section 11;

(d) section 14(2) and (3);

(e) section 15(1) and (2);

(f) section 27(3)(b), (4) and (5);

(g) section 28(3)(b) and (4);

(h) section 29(2) to (5);

(i) section 30;

(j) section 32(2)(b), (8), (9)(a)(i) and (9)(b)(i);

(k) sections 42 to‍ 46;

(l) this section;

(m) section 49.

(2) The following provisions come into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent—

(a) section 4;

(b) section 21.

(3) The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by Welsh statutory instrument.

(4) An order under subsection (3)—

(a) may make transitional or saving provision;

(b) may appoint different days for different purposes and different areas.

49 Short title

This Act may be referred to as—

(a) the Bus Services (Wales) Act 2026, or

(b) Deddf Gwasanaethau Bysiau (Cymru) 2026.