Transport Act 1985

[F1 6N Scrutiny of operation of bus services improvement partnership S

(1) This section applies where—

(a) a bus services improvement partnership scheme made under section 3B of the 2001 Act (“the scheme”) is in operation, and

(b) it appears to a traffic commissioner that the local transport authority (or authorities) who made the scheme may not be complying with their obligations under it including, in particular, any duty arising under section 3F(2) or (3) of the 2001 Act.

(2) The traffic commissioner may—

(a) investigate the actions of the local transport authority (or authorities) in relation to their compliance with their obligations under the scheme,

(b) require the authority (or authorities) to provide such information as the commissioner may specify for the purposes of the investigation.

(3) A local transport authority may be required to provide the information before the end of such period as may be specified by the traffic commissioner when imposing the requirement.

(4) Following an investigation under subsection (2), the traffic commissioner must prepare and publish a report—

(a) setting out whether or not the commissioner is satisfied that the local transport authority (or authorities) are complying with their obligations under the scheme, and

(b) if the commissioner is not satisfied that the authority (or authorities) are complying with their obligations, making such recommendations as the commissioner considers appropriate, including, in particular, recommendations that the authority (or authorities) take such remedial action as may be specified in the report.

(5) Before publishing a report prepared under subsection (4), the commissioner must provide a copy of it to—

(a) the local transport authority (or authorities) who made the scheme, and

(b) each operator providing a local service with a stopping place in the area of the scheme.

(6) Where, under section 3E of the 2001 Act, the Scottish Ministers acted jointly with a local transport authority (or authorities) to make the scheme, this section applies to the Scottish Ministers as it applies to the authority (or authorities).

(7) In this section—

• “2001 Act” means the Transport (Scotland) Act 2001,

• “local transport authority” has the meaning given in section 82(1) of the 2001 Act.]

Textual Amendments

F1 Ss. 6K-6N inserted (S.) (4.12.2023 for specified purposes) by Transport (Scotland) Act 2019 (asp 17), ss. 37(3), 130(2) (with s. 126); S.S.I. 2023/250, sch.