Timescales for implementing bus powers in the 2019 Act
Before all the bus powers within the 2019 Act can fully come into effect, various regulations and statutory guidance must be prepared. Below is a breakdown of the different bus provisions within the 2019 Act that have come into force, as well as proposing timescales for future regulations and guidance associated with those provisions.
Powers
Local authority run services
As of June 2022, local transport authorities have the power to run bus services provided they have a Public Service Vehicle (PSV) Operator Licence, and they are satisfied that the provision of such services will contribute to the implementation of their relevant general policies. An information note, published by Transport Scotland in June 2022, summarises an authority’s obligations in utilising this provision in the 2019 Act.
Information-sharing process where operators intend to vary or cancel services
Since April 2023 an affected authority (defined in section 6ZA(6) of the Transport Act 1985) has been able to obtain specific service information from an operator who proposes to vary or cancel the registration of a local bus service and, in limited circumstances, share it with other people who may wish to bid to provide a similar service to the one being varied or cancelled.
Bus Services Improvement Partnerships (BSIPs)
Since 4 December 2023 the BSIP powers have been available to LTAs. BSIP provisions replace the Quality Partnerships powers found in the Transport (Scotland) Act 2001.
To enable the BSIP powers to be fully effective, further substantive regulations will be required. The first of these are “The Bus Services Improvement Partnerships and Local Services Franchises (Provision of Information) (Scotland) Regulations 2023” and “The Bus Services Improvement Partnerships (Objection) (Scotland) Regulations 2024” which were laid on 7 December 2023. These regulations provide LTAs with information gathering powers to inform the development of a BSIP and provide details of the bus operator objection mechanism. Further regulations covering multi-operator travel cards and appeals will follow throughout this year to bring the BSIP powers into full effect.
Statutory guidance will also be produced later this year to support LTAs in utilising these powers.
Local Services Franchising
Since 4 December 2023 the Local Services Franchising powers have been available to LTAs. The franchising provisions replace the Quality Contract powers found in the Transport (Scotland) Act 2001.
To bring the franchising powers into full effect, the regulations noted above (namely “The Bus Services Improvement Partnerships and Local Services Franchises (Provision of Information)(Scotland) Regulations 2023”) were laid on 7 December 2023. To enable LTAs to progress with the franchising process, further regulations on the transition process and the formation and operation of a panel to assess franchising proposals will be laid throughout this year.
Statutory guidance will also be produced later this year to support LTAs utilising these powers.
Smart and Integrated Ticketing
On 12 May 2023, regulations establishing the National Smart Ticketing Advisory Board (NSTAB) came into force. NSTAB commenced operation in November 2023.
Regulations will be developed in due course for ticketing arrangements and schemes which amend the powers in the 2001 Act.
Provision of Information about bus services
Work to lay regulations under section 40 of the 2019 Act will commence in due course. These regulations will enable LTAs to require information about local bus services to be provided with a view to improve the availability and standard of information for passenger journey planning.