Bus Services Act 2025

Prospective

33 Safeguarding duty: drivers of school services E+W

In the Public Passenger Vehicles Act 1981, after Part 2 insert—

“Part 2A E+W Safeguarding duty: drivers of school services

29A Duty to check barring information

(1) The operator of a public service vehicle may not permit another person to drive the vehicle for a school service unless condition 1 or 2 is met.

(2) Condition 1 is that—

(a) the operator has, within the past three years, checked a relevant enhanced criminal record certificate issued within that period relating to the person who is to drive the vehicle, and

(b) the certificate does not show that the person is barred from regulated activity relating to children.

(3) Condition 2 is that—

(a) the operator has, within the past three years, checked—

(i) a relevant enhanced criminal record certificate relating to the person who is to drive the vehicle, and

(ii) up-date information given, within the past three years, under section 116A of the Police Act 1997 in relation to the certificate,

(b) the certificate does not show that the person is barred from regulated activity relating to children, and

(c) the up-date information is not advice to request the person to apply for a new enhanced criminal record certificate.

(4) In this section—

• “enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997;

• “relevant enhanced criminal record certificate” means an enhanced criminal record certificate which includes, by virtue of section 113BA of the Police Act 1997, suitability information relating to children.

29B Application of section 29A duty: services in Wales

(1) Section 29A (duty to check barring information) applies in relation to a school service that takes up or sets down passengers at one or more points in Wales only if regulations made by the Secretary of State so provide.

(2) But the regulations may not provide for that section to apply in relation to—

(a) a service for the carriage of passengers by road at separate fares—

(i) that is provided in fulfilment of a duty imposed on the Welsh Ministers by an Act of Senedd Cymru, or

(ii) to the extent that it is provided in Wales under a permit granted by the Welsh Ministers under an Act of Senedd Cymru, or

(b) a service that is provided under arrangements made by a body to which the duty in section 15(1) of the Learner Travel (Wales) Measure 2008 applies (duty of local authorities and governing bodies to have regard to guidance given by Welsh Ministers).

29C Interpretation of Part 2A

(1) A reference in this Part to regulated activity relating to children is to be construed in accordance with Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006.

(2) For the purposes of this Part, a person drives a public service vehicle for a school service where—

(a) by driving the vehicle the person is engaging in regulated activity relating to children by virtue of paragraph 2(1)(f) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006,

(b) the children using the service are being conveyed between their homes and institutions for providing primary, secondary or further education that they are attending, and

(c) the vehicle is being used in circumstances such that a PSV operator’s licence is required for its use.

(3) In this Part—

(a) “primary education”, “secondary education” and “further education” have the meanings given in the Education Act 1996 (see section 2 of that Act);

(b) “children” means persons who have not attained the age of 18.”

Commencement Information

I1 S. 33 in force at 27.4.2026, see s. 41(3)