Section 1
Section 1 defines a “local bus service” as a service for carrying passengers by road at separate fares using Public Service Vehicles with one or more embarkation / disembarkation points, each less than 15 miles apart (measured in a straight line). One or more embarkation or disembarkation point must be in Wales. Services which don’t meet the distance criteria are “non-qualifying services”. Where part does meet the criteria that part is treated a local bus service. Certain service types are explicitly excluded.
Section 2
Section 2 defines “embarkation point” and “disembarkation point”.
Section 3
Section 3 defines a “flexible local bus service” as one so flexible in operation that it’s not practicable to identify its route in the Welsh Bus Network Plan. A “standard local bus service” is defined as one which isn’t flexible.
Section 4
Section 4 requires the Welsh Ministers to have regard to six objectives listed in the Bill.
Section 5
Section 5 requires the Welsh Ministers to determine the local bus services they consider are required. They must publish their “key particulars” in a Welsh Bus Network Plan (‘the Plan’), and secure their provision “as far as reasonably practicable” by contract, permit, directly under section 17 or by services of a type defined in section 18.
Section 6
Section 6 addresses the process for preparing, publishing and laying the Plan. The Welsh Ministers must seek views of local authorities and have regard to the Wales Transport Strategy and Regional Transport Plans in preparing the draft Plan. Section 6 defines who must then be consulted before publication and laying before the Senedd.
Section 7
Section 7 requires the Plan to be kept under review and revised where the Welsh Ministers consider it’s required. They may also revise it where they consider it appropriate. They must have regard to the Wales Transport Strategy and Regional Transport Plans, and publish the revised plan. The revised Plan must be laid within 13 months of the date it was last laid, accompanied by a statement detailing how it differs.
Section 8
Section 8 sets out how the Welsh Ministers must engage with local authorities and consultees on a “revised draft plan” in areas affected by the proposed revisions.
Section 9
Section 9 allows the Welsh Ministers to enter into “local bus services contracts” in fulfilling their duty to secure local bus services. A contract may be entered into with a community bus permit or PSV operator licence holder.
Section 10
Section 10 allows the Welsh Ministers to specify the terms included in local bus service contracts in regulations, and gives examples of the matters which might be included. Regulations may set out a standard form for terms to be included, and prescribe circumstances where this is used.
Section 11
Section 11 allows the Welsh Ministers to issue permits (with or without conditions) to community bus permit or PSV operator’s licence holders to provide local bus services. These may either be to fulfil their duty to secure local bus services or otherwise. A permit cannot be granted where it would adversely affect contracted local bus services or services provided by the Welsh Ministers, and must be consistent with the Wales Transport Strategy.
Section 12
Section 12 requires a permit to specify a time period during which it has effect, and makes clear it ceases to have effect when that period expires or the permit is revoked. A suspended permit has no effect during the suspension period.
Section 13
Section 13 provides for conditions to be attached to permits. Permits issued for community bus services must include conditions requiring that services be provided as community bus services. The Welsh Ministers may also make regulations regarding further conditions that must be attached to permits.
Section 14
Section 14 allows the Welsh Ministers to make regulations about permit applications.
Section 15
Section 15 says the Welsh Ministers may give notice to the permit holder revoking or suspending the permit. It specifies what the notice must include, and details the grounds on which it may be given. Regulations may change the grounds listed and make provision for when a notice takes effect.
Section 16
Section 16 provides for an appeal to the First Tier Tribunal against refusal of a permit, conditions attached, revocation, or suspension. The Tribunal may uphold, quash or substitute a decision.
Section 17
Section 17 empowers the Welsh Ministers to provide a local bus service directly if they’re satisfied this will be more effective than a contract. This doesn’t apply to community bus services (i.e. the Welsh Ministers cannot directly operate a community bus service for the purposes of a local bus service).
Section 18
Section 18 allows the Welsh Ministers to rely on community transport and certain other specified services without contract or permit in satisfying their duty to secure local bus services.
Section 19
Section 19 defines a “cross-border service” as a route, or geographical area in the case of a flexible service, which is in the Plan and partly in England.
The Welsh Ministers aren’t required to secure provision of a “cross-border service in England” where “relevant transport needs” (i.e. transport needs in Wales) can be met without doing so. But the Welsh Ministers cannot take account of services secured by tender under section 63 of the Transport Act 1985 by English local authorities in deciding whether these needs are met.
Section 20
Section 20 requires the Welsh Ministers to report on how exercise of their functions under the Bill met section 4 objectives. They must publish the report, and lay it before the Senedd, no later than 12 months after the end of each “reporting period” (initially two years after the duty to secure services enters into force, and subsequently every four years).
Section 21
Section 21 prohibits anyone from providing a local bus service unless under contract, permit or direct provision by the Welsh Ministers unless they are community bus services, or school services carrying fare paying passengers. Other services can be exempted by regulation.
Section 22
Section 22 requires the Welsh Ministers to inform the traffic commissioner if section 21 is breached.
Section 23
Section 23 empowers the traffic commissioner to make orders enforcing section 21. The commissioner can impose a fine, or any other order permitted by regulations. Failure to comply may lead to a further order up to 110% of the upper limit. The Welsh Ministers can make further provision about orders by regulation. The upper limit is £550, or another amount specified in regulations. For PSV operators this is multiplied by the number of licensed vehicles.
Section 24
Section 24 provides for a right of appeal to the Upper Tribunal which can uphold, quash or substitute the order.
Section 25
Section 25 allows the Welsh Ministers to require certain operators / former operators to provide information useful to them in exercising functions under Part 2 or 3. The information must be of a type specified in regulations (examples are provided), and cannot be for a period more than five years before the notice date. The regulations must make provision about appeals, and may make provision about disclosure of information.
Section 26
Section 26 allows the Welsh Ministers to require, by notice, local authorities or community councils to provide them with information of a type which may be specified in regulations (examples are provided).
Section 27
Section 27 requires the Welsh Ministers to arrange that information regarding certain services be made available to the public. The information would be specified in regulations (examples are provided) which must set out how and when this will be made public.
Section 28
Section 28 empowers the Welsh Ministers to make regulations requiring operators of certain services to provide them with specified information for the purposes of section 27. Any regulations must set out how and when it is to be provided.
Section 29
Section 29 makes clear a requirement under sections 25, 26 or 28 doesn’t apply to legally privileged information.
Section 30
Section 30 allows the traffic commissioner to impose a penalty (or other order prescribed by regulations) where they’re satisfied an operator hasn’t provided information required under sections 25 or 28 without reasonable excuse. Failure to comply may lead to a further order up to 110% of the upper limit. The upper limit is £550, or another amount specified in regulations. For PSV operators this is multiplied by the number of licensed vehicles.
Section 31
Section 31 provides for a right of appeal to the Upper Tribunal which can uphold, quash or substitute the order.
Section 32
Section 32 amends section 66 of the Transport Act 1985 to exclude Welsh local authorities. Section 66 currently prevents Welsh local authorities, with limited exceptions, from providing bus services which require a PSV operator licence. The effect is to remove the section 66 restriction in relation to Welsh local authorities.
Section 33
Section 33 amends section 63 of the Transport Act 1985, which requires local authorities to secure the passenger transport services they consider necessary where they wouldn’t otherwise be met. Section 33 means these “passenger transport services” will not include local bus services in Wales.
Section 34
Section 34 empowers local authorities to give financial assistance in connection with provision of local bus services. It disapplies provisions of the Transport Act 1985 which relate to subsidy control and a requirement to invite tenders. It also amends section 63 of that Act so local authorities are not able to use that provision to promote local bus services subsidised under section 34.
Section 35
Section 35 requires the Welsh Ministers to make regulations setting out where a “relevant transfer” falls within the Transfer of Undertaking (Protection of Employment) Regulations 2006 (“TUPE”), as a result of this Bill. Regulations must also set out when a transfer is to be treated as a “relevant transfer” for the purposes of certain provisions in the Pensions Act 2004.
It also allows the Welsh Ministers to make further provision regarding TUPE, with examples provided.
Section 36
Section 36 amends section 6 of the Transport Act 1985. Section 6 requires local bus services (as defined under that Act) to be registered with the traffic commissioner. The effect of section 36 is that this will not apply to local bus services under this Bill. However, community bus services and services carrying fare paying passengers on school buses which are not delivered under contract or permit will still need to be registered under section 6 of the 1985 Act, as will the English element of any cross-border local bus service under the Bill (whether standard or flexible).
Section 37
Section 37 amends section 7 of the Transport (Wales) Act 2006 so that the Welsh Ministers’ power to secure the provision of public passenger transport services does not include local bus services under this Bill.
Section 38
Section 38 sets out the procedure which applies to regulation making powers under the Bill.
Section 39
Section 39 makes provision for notices, including how they are to be provided.
Section 40
Section 40 provides definitions for terms used throughout the Bill.
Section 41
Section 41 provides an index of defined terms.
Section 42
Section 42 introduces a general power to make supplementary, incidental, consequential, transitional and saving provisions in relation to the Bill by regulations.
Section 43
Section 43 sets out how the provisions of the Bill come into force.
Section 44
Section 44 sets out the short title of the Bill in English and Welsh.
