PART 2FUNCTIONS OF THE WELSH MINISTERS RELATING TO LOCAL BUS SERVICES
Cross-border services
20Cross-border services and the duty to secure the provision of services
(1)
For the purposes of this section—
(a)
a local bus service that is a standard local bus service is a cross-border service if—
(i)
the route of the service is set out in the Welsh Bus Network Plan, and
(ii)
that route is partly in Wales and partly in England;
(b)
a local bus service that is a flexible local bus service is a cross-border service if—
(i)
the service’s geographical area of operation is set out in the Welsh Bus Network Plan, and
(ii)
that area is partly in Wales and partly in England;
(c)
references to a cross-border service in England are to a cross-border service so far as—
(i)
in the case of a standard local bus service, its route is in England;
(ii)
in the case of a flexible local bus service, its area of operation is in England.
(2)
Section 5(1)(c) is not to be treated as requiring the Welsh Ministers to secure the provision of a cross-border service in England if they consider that the condition in subsection (3) is met in relation to it.
(3)
The condition is that the relevant transport needs will be met without the Welsh Ministers securing the provision of the cross-border service in England.
(4)
For this purpose, “the relevant transport needs” are the transport needs in Wales that would be met by the Welsh Ministers securing the provision of the cross-border service in England.
(5)
In considering whether the condition in subsection (3) is met, no account is to be taken of any provision secured by a county council in England under section 63 of the 1985 Act (functions of local councils with respect to transport).