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Transport (Scotland) Act 2019

Ticketing arrangements – section 41

288.Section 41(2) of the Act inserts a new section 27A into the 2001 Act which defines “ticketing arrangements” and other terms. It also inserts a new Chapter heading to group together the existing provisions on ticketing arrangements and schemes.

289.Section 27A(1) defines “ticketing arrangements”. Paragraphs (a) to (c) are the same as the existing definition in section 28(5). Paragraph (d) is a new part of the definition and extends ticketing arrangements to include arrangements where a person can travel on a local bus service and on a connecting rail or ferry service.

290.Section 27A(2) defines “smart ticketing arrangements”. These are ticketing arrangements where the proof of a person’s right to travel can be held or produced by the person in electronic form. For example, arrangements where a person’s ticket can be stored on a smartcard or an app on a mobile phone would be smart ticketing arrangements. Ticket arrangements that are put in place by operators can still be smart ticketing arrangements even if they allow for paper tickets as well as electronic ones.

291.Section 27A(3) and (4) set out the meaning of “connecting rail or ferry service” which is used in the definition of “ticketing arrangements” and elsewhere.

292.Section 27A(5) and (6) give the Scottish Ministers the power to add new types of arrangements to the definition of “ticketing arrangements”. These arrangements must involve travel on a local service and on a service of another kind specified in the regulations.

293.Subsection (3) of section 35 repeals the existing definition of “ticketing arrangements” in section 28(5) of the 2001 Act as it has been superseded by the new definition in section 27A(1).

294.Subsection (5) provides that the regulation-making power in section 27A(5) is subject to the affirmative procedure.

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