Bus Services Act 2017

Section 2

SCHEDULE 1 Further amendments: advanced quality partnership schemes

Transport Act 1985 (c. 67)

1 The Transport Act 1985 is amended as follows.

2 (1) Section 6 (registration of local services) is amended as follows.

(2) In subsection (2A), in paragraph (a)—

(a) after “section” insert “113D(1) or”;

(b) for “(quality” substitute “(advanced quality partnership schemes and quality”.

3 (1) Section 6A (applications for registration where restrictions are in force) is amended as follows.

(2) In subsection (1), in paragraph (a)—

(a) after “section” insert “113D(1) or”;

(b) after “case of” insert “an advanced quality partnership scheme or”.

(3) In subsection (8), in paragraph (c), after “section” insert “113J(4) or (5) or”.

(4) In subsection (12)—

(a) at the appropriate place insert—

• ““advanced quality partnership scheme” means a scheme under section 113C of the Transport Act 2000;”;

(b) for the definition of “registration criteria” substitute—

• ““registration criteria”—

  (a)

  in relation to an advanced quality partnership scheme, means the criteria specified in the scheme by virtue of section 113D(3) of the Transport Act 2000;

  (b)

  in relation to a quality partnership scheme, means the criteria specified in the scheme by virtue of section 114(3C) of the Transport Act 2000;”;

(c) in the definition of “relevant operator”, in paragraph (a), after “section” insert “113J(4) or (5) or”.

4 In section 26 (conditions attached to a PSV operator’s licence), in subsection (1), in paragraph (b), after “section or section” insert “113J(4) or (5),”.

5 In section 82 (bus stations: restrictions on discriminatory practices, etc), in subsection (4A), in the words before paragraph (a), after “to” insert “an advanced quality partnership scheme or”.

Transport Act 2000 (c. 38)

6 The Transport Act 2000 (as amended by the Local Transport Act 2008) is amended as follows.

7 (1) Section 114 (quality partnership schemes) is amended as follows.

(2) In subsection (1), at the end insert “(but this is subject to subsection (1A)).

(3) After subsection (1) insert—

“(1A) A local transport authority whose area is in England may exercise the power to make a quality partnership scheme only if—

(a) they are acting jointly with one or more other local transport authorities, and

(b) at least one of those other local transport authorities is an authority whose area is in Wales.”

8 (1) Section 153 (competition test: functions and agreements relating to buses) is amended as follows.

(2) In subsection (1), in paragraph (a), after “to” insert “advanced quality partnership schemes,”.

(3) In subsection (3), in the definition of “voluntary agreement”, after “under” insert “sections 113C to 113O (advanced quality partnership schemes), or under”.

9 In section 155 (sanctions), in subsection (1), in paragraph (b), after “section”, in the second place it occurs, insert “113J(4) or (5),”.

10 In section 162 (interpretation of Part 2), in subsection (1), at the appropriate place insert—

• ““advanced quality partnership scheme” is to be construed in accordance with section 113C(2),”.

11 (1) Schedule 10 (competition test: functions and agreements relating to buses) is amended as follows.

(2) In paragraph 1 (functions to which Part 1 of Schedule 10 applies)—

(a) in sub-paragraph (1), before paragraph (a) insert—

“(za) making and varying advanced quality partnership schemes,”;

(b) in sub-paragraph (2), before paragraph (a) insert—

“(za) in the case of the function of making or varying an advanced quality partnership scheme, once notice of a proposal to make or vary it has been given under section 113G(1),”.

(3) In paragraph 12 (enforcement of decisions of Competition and Markets Authority), in sub-paragraph (2)(b), after “varying” insert “an advanced quality partnership scheme,”.

(4) In paragraph 17 (interpretation of Part 2 of Schedule 10), in sub-paragraph (5)(c), at the beginning insert “an advanced quality partnership scheme,”.