Bus Services (Wales) Act 2026

Prospective

25 Enforcement of the restriction E+W

(1) If a traffic commissioner is satisfied that—

(a) a person is operating or has operated a local bus service in contravention of section 23, and

(b) in operating that service, the person has failed to take all reasonable steps to avoid contravening the requirements of that section,

the traffic commissioner may make one or more orders under subsection (2).

(2) The orders are—

(a) an order that the person pay, within a time specified in the order, a penalty of any amount that the traffic commissioner thinks appropriate in all the circumstances of the case, but which does not exceed the upper limit;

(b) an order of any other description prescribed in regulations.

(3) If a person fails to comply with an order under subsection (2), and the condition in subsection (5) is met in respect of the order, a traffic commissioner may make an order under this subsection ordering the person to pay, within a period specified in the order, an additional penalty.

(4) The additional penalty may be any amount that the traffic commissioner thinks appropriate in all the circumstances of the case, but must not exceed 110% of the upper limit.

(5) The condition is that either—

(a) on an appeal under section 26 against the making of the order, the order has been upheld, or

(b) the period within which an appeal under section 26 against the making of the order may be brought to the Upper Tribunal has expired, without an appeal having been brought.

(6) After making an order under subsection (2) or (3), the traffic commissioner must give notice to—

(a) the person with respect to whom the order has been made, and

(b) the Welsh Ministers.

(7) Except to any extent provided for in regulations under this section, an amount ordered to be paid under subsection (2) or (3) is payable to the Welsh Ministers and recoverable, on the order of a court, as if payable under a court order.

(8) Regulations under this subsection may make provision about orders under this section including provision about (among other things)—

(a) the form and content of an order;

(b) the procedure to be followed by a traffic commissioner in relation to an order.

(9) The upper limit, for the purposes of a penalty that a person is ordered to pay under this section, is—

(a) in the case of a person who, at the relevant time, is licensed to use vehicles under a PSV operator’s licence, the sum that is calculated by multiplying the total number of vehicles that the person is licensed to use under all the PSV operator’s licences held by the person at the relevant time by either—

(i) an amount specified in regulations under this sub-paragraph, or

(ii) in the absence of any amount being so specified, £550;

(b) in the case of a person who, at the relevant time, is not licensed to use vehicles under a PSV operator’s licence—

(i) an amount specified in regulations under this sub-paragraph, or

(ii) in the absence of any amount being so specified, £550.

(10) For the purposes of subsection (9), the “relevant time” is—

(a) in the case of an order made under subsection (2)(a), the time at which that order is made;

(b) in the case of an order made under subsection (3) in respect of failure to comply with an order under subsection (2), the time at which that order under subsection (2) was made.

Commencement Information

I1 S. 25 not in force at Royal Assent, see s. 48(3)