Consulting on the proposed franchising framework

If, after obtaining the auditor’s report, the LTA wishes to proceed with their proposed franchising framework, it is required under section 13G of the 2001 Act to consult widely on its proposals.

Notice

The 2001 Act requires the LTA to publish a notice of their intention to consult, details on what must be included in the notice can be found in section 13G(3) of the 2001 Act. The LTA can determine where this notice can be published (i.e. on the LTA’s website, and or in a local newspaper).

As part of the consultation process there are specific documents that the LTA will need to publish along with the notice, these include:

• the proposed franchising framework
• a report on the franchising assessment, along with a description of how the LTA considers the proposed framework will contribute to the implementation of their relevant general policies,
• the report provided by the auditor, and
• such other documents (if any) the LTA considers appropriate to assist the consultees in considering their proposed framework.

Consultation

Section 13G(4) of the 2001 Act sets out the stakeholders that they must consult, including:

• all operators of local services in the area of the proposed franchise framework
• any other person holding a PSV operator’s licence or community bus permit (such as, section 19 and 22 permits), who in the opinion of the authority is likely to be affected by the proposed framework
• organisations appearing to the authority to be representative of employees of such operators,
• organisations appearing to the authority to be representative of users of local services,
• each local authority and Transport Partnership whose area is, in the opinion of the authority, likely to be affected by the proposed framework,
• the TC,
• the Chief Constable of the Police Service of Scotland,
• the CMA, and
• other such persons the LTA sees fit before it decides to seek approval from the independent approval panel for their proposed framework.

In addition to the above, LTAs are encouraged to take steps to ensure that members of the public, in particular, local residents and bus users, as well as businesses are provided opportunities to engage with the consultation on the proposed framework.

Timescales

Although the consultation period is a matter for the LTA, as a general approach we would expect them to use the standard 12 weeks, unless an alternative is justified. When consulting the LTA is expected to provide opportunities for people to engage in the process, this could include providing copies of the documents for interested people to view them and setting up discussions or workshop events.

If following any initial consultation, consideration of the responses or subsequent events lead an LTA to decide that some further consultation is required as a matter of fairness or would otherwise be desirable then this should be undertaken before any decision is taken.

Modification of the framework

After the consultation, the LTA must produce a summary of the responses received. They also need to determine whether it is appropriate to modify the proposed franchising framework, in light of the responses received.

Where the LTA considers that the modifications materially affect any part of the existing franchising assessment prepared under 13E of the Act then they must prepare a new assessment of the framework, as modified. This also means that the LTA will need to obtain another audit report on the new assessment and undertake further consultation on their modified proposals.