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Transport (Scotland) Act 2019

Ticketing schemes – section 44

301.Section 44 makes a number of changes to sections 29 to 31 of the 2001 Act. Section 29 provides for local transport authorities to make ticketing schemes which require operators of local services to implement ticketing arrangements. Section 30 sets out the consultation requirements before a ticketing scheme can be made and section 31 sets out the procedure for making the scheme after consultation.

302.Subsection (2)(a) inserts new subsections (3A), (3B) and (3C) into section 29. The effect of subsection (3A) is that a ticketing scheme must require that any arrangements made under it are smart ticketing arrangements and that they comply with the national technological standard for smart ticketing.

303.Subsections (3B) and (3C) elaborate on the kinds of things that a local transport authority may specify in a ticketing scheme.

304.Subsection (2)(b) is a consequential change resulting from the definition of “ticketing arrangements” being moved from section 28(5) to new section 27A(1).

305.Subsection (2)(c) inserts new subsections (7) and (8) into section 29 requiring local transport authorities to co-operate with one another and to consider making ticketing schemes that will facilitate travel to adjoining areas or the adoption of similar ticketing arrangements in adjoining areas. In consequence, subsection (5) of section 44 of the Act removes ticketing schemes from the existing duty to co-operate in section 47 of the 2001 Act.

306.Subsection (3) makes two changes to section 30. The effect of the change in paragraph (a) is that notice of a proposed ticket scheme no longer needs to be given in a local newspaper; instead local transport authorities can give notice of it in the way they think appropriate to bring it to the attention of people in the scheme area. The list of persons and bodies that are to be consulted is extended to include everyone mention in subsection (3)(b).

307.Subsection (4)(a) inserts new subsection (1A) into section 31 of the 2001 Act. Given the definition of “ticketing arrangements” in section 27A (see section 41 above), ticketing schemes can include ticketing arrangements involving travel on connecting rail or ferry services. Subsection (1A) means that a ticketing scheme that includes such ticketing arrangements cannot be made unless the operator on the rail or ferry service in question consents.

308.Subsection (4)(b) makes changes to the notice requirements in section 31(3) of the 2001 Act. As with the consultation requirements above, it substitutes the requirement to publish a notice in a local newspaper with discretion on behalf of the local transport authority to determine the best way to publicise the scheme in the scheme’s area. It also extends the requirements to include notifying operators of connecting rail and ferry services where appropriate and notifying anyone who was consulted under section 30 but not already listed in section 31(3).

309.Subsection (4)(c) changes section 31(4)(b) to ensure that the notice identifies the connecting rail or ferry services that are affected by a ticketing scheme (if any).

310.Subsection (4)(d) adds new subsections (5), (6) and (7) to section 31 of the 2001 Act. These confer on local transport authorities the power to vary or revoke a ticketing scheme. The same procedure (set out in sections 29 to 31) applies to variation and revocation as applies to the making of a ticketing scheme.

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