Part II

Local transport

Bus services: quality contracts schemes in Wales

Continuation of schemes for further periods
131A
1
If it appears to them appropriate to do so, the authority or authorities who made a quality contracts scheme (other than any to whose area the scheme no longer relates) may decide that the scheme should continue in operation for a further period, with or without modification.
2
Before making such a decision, they must, unless the proposal that the scheme should continue is an exempt continuation proposal (see section 131B), comply with the requirements of—
a
section 124(2)(b) (approval by Welsh Ministers) ...
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Section 125 applies in relation to the continuation of a scheme under this section as it applies in relation to the making of a scheme, but with the following modifications—
a
any reference to a proposal to make a scheme is to be read as a reference to a proposal for the continuation of a scheme,
b
any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation,
and with the further modifications specified in subsections (4) and (5), but this is subject to such modifications or exclusions as may be prescribed by regulations under section 133.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The consultation document that is to be published by virtue of section 125(1)(a), as applied by subsection (3), must (instead of complying with section 125(1A)) include—
a
a description of the scheme, together with any proposed modifications to it;
b
a statement of the opinion of the authority or authorities as to the effectiveness of the scheme in achieving the objectives set out in paragraphs (a) to (e) of section 124(1)
... up to the date of the report;
c
a statement of the reasons why they are satisfied that the scheme as proposed to be continued (with any proposed modifications) will meet the conditions in subsection (1)
... of section 124;
d
a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the continuation of the scheme;
e
a statement of the period for which it is proposed that the scheme should continue in operation, which must not be more than a further 10 years;
f
if the authority or authorities consider that the proposal for the scheme to continue is an exempt continuation proposal, a statement of that fact;
g
a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;
h
a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—
i
any estimated income from fares, and
ii
any grants from Ministers of the Crown or government departments,
any remaining funding required to continue the scheme in operation can be provided from other resources available to the authority or authorities;
i
the date by which any written responses to the consultation must be submitted to the authority or authorities.
6
For the purposes of this section—
a
subsection (1B) of section 125 (matters to be included in the description of the proposed scheme) applies for the purposes of subsection (5)(a) as it applies for the purposes of subsection (1A)(a) of that section, and
b
subsection (1C) of that section (meaning of “chief finance officer”) applies for the purposes of subsection (5)(h) as it applies for the purposes of subsection (1A)(e) of that section.
7
The consultation document mentioned in subsection (5) must be published and supplied in accordance with section 125(1)(a) and (b) (as applied by this section) not less than 12 months before the scheme’s expiry date.
8
For the purposes of this section, a scheme’s “expiry date” is the later of the following dates—
a
the end of the period specified in the scheme in accordance with section 127(2)(c),
b
if the scheme has been continuing in operation by virtue of the previous application of this section, the end of the period for which it is so continuing in operation.
9
The period for which a scheme continues in operation by virtue of a decision under subsection (1) may begin—
a
on such day falling before, on, or immediately after the scheme’s expiry date as the authority or authorities decide, or
b
if the circumstances are such that the continuation of the scheme cannot begin on a day falling within paragraph (a), on such later day as the authority or authorities decide in accordance with regulations made by the appropriate national authority for the purposes of such circumstances.
10
If the authority or authorities publish and supply a consultation document in accordance with subsection (7), the scheme remains in operation (without any modifications proposed by them under subsection (1)) until—
a
in a case where the scheme is to continue in operation for a further period, the day before the beginning of that period, or
b
in any other case, the scheme’s expiry date.
11
Section 130 (tendering) applies to a scheme that continues in operation under this section (whether or not the proposal for the scheme to continue in operation was an exempt continuation proposal) but subject to regulations made by the appropriate national authority under section 133(3).
S. 131A inserted (11.1.2010 for E.) by Local Transport Act 2008 (c. 26), ss. 31, 134(4); S.I. 2009/3242, art. 2(1)(a)
Pt. 2 applied (with modifications) (30.6.2022) by The Mid Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/342), regs. 1(3)(b), 12(2)
S. 131A(4) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(b)
Pt. 2: functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 8(b)
Pt. 2: functions made exercisable (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(1)
Words in s. 131A(2)(a) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(a)(i)
Pt. 2: functions made exercisable (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 9 (with art. 28)
S. 131A(2)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(a)(ii)
Pt. 2 applied (with modifications) (W.) (28.2.2022) by The South East Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/343), regs. 1(3)(b), 12(2)
Pt. 2: functions made exercisable (8.5.2017) by The Tees Valley Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/431), arts. 1(2), 4(1)(2)
Words in s. 124 cross-heading inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 6
Pt. 2: transfer of functions (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 7 (with art. 28)
Pt. 2 applied (with modifications) (30.6.2022) by The North Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/339), regs. 1(3)(b), 12(2)
Pt. 2 applied (with modifications) (W.) (30.6.2022) by The South West Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/352), regs. 1(3)(b), 12(2)
Pt. 2: transfer of functions (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 8, 9 (with art. 11)
Words in s. 131A(5)(c) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(c)(ii)
Pt. 2: transfer of functions (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 8(1)(b) (with arts. 8(4), 12)
Pt. 2: functions made exercisable (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(1)(2)
Pt. 2: functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(1)
Words in s. 131A(5)(b) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Bus Services Act 2017 (c. 21), s. 26(3), Sch. 2 para. 13(c)(i)
Pt. 2: functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8
Pt. 2: functions made exercisable concurrently (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 19(c) (with art. 9)
Pt. 2: delegation of functions (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(b)
Pt. 2: power to amend conferred (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 9(1)(2), 10(1)(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)
Ss. 112-159: transfer of functions (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 7
Pt. 2: functions made exercisable (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 7
Pt. 2: transfer of functions (with modifications) (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 10
Pt. 2: functions made exercisable (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 14
Pt. 2: functions made exercisable (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 10