Textual Amendments
F1Pt. 2 Ch. 2 substituted for ss. 13-27 and cross-heading (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), ss. 38(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.
(1)This section applies if a local transport authority are exercising any of the following functions—
(a)preparing and making a franchising framework,
(b)reviewing the effectiveness of a franchising framework, or
(c)determining whether and how to vary, or revoke, a franchising framework.
(2)The local transport authority may require an operator of a local service in the relevant area to provide them with such relevant information relating to the function being exercised as they may specify.
(3)The local transport authority must specify the function it is exercising when requiring the provision of relevant information.
(4)The operator may be required to provide the information —
(a)in any form which, having regard to the manner in which the information is kept, it is reasonable to expect the operator to provide, and
(b)before the end of such period as may be specified by the local transport authority.
(5)A local transport authority that have obtained relevant information under this section may only—
(a)use the information for the purpose of exercising the function for which it was obtained, and
(b)supply the information to a person listed in subsection (6) for use in connection with that function.
(6)The persons are—
(a)a local transport authority,
(b)an auditor appointed by the local transport authority under section 13F,
(c)any other person providing services to the local transport authority in connection with the function being exercised,
(d)a panel appointed under section 13J(2) or 13O(2).
(7)A person who receives relevant information under subsection (5)(b) must not disclose it to any other person or use it in connection with a purpose other than the specified function.
(8)A person who, without reasonable excuse, discloses information in contravention of this section commits an offence.
(9)A person who commits an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(10)Where an offence under subsection (8) committed by a local transport authority is proved to have been committed with the consent or connivance of, or to be attributable to the neglect on the part of, a person employed by the authority, the person as well as the authority is guilty of the offence and liable to be proceeded against and punished accordingly.
(11)In this section, “relevant information” means information of a description specified in regulations made by the Scottish Ministers.
(12)Regulations under subsection (11) may specify circumstances in which relevant information (or types of relevant information) may not be required by a local transport authority.]