SCHEDULEAmendments

Regulation 10

The Public Service Vehicles (Registration of Local Services) Regulations 19861

1

The Public Service Vehicles (Registration of Local Services) Regulations 1986 are amended as follows.

2

In regulation 2(interpretation), in paragraph (1)—

a

after the definition of “the 1985 Act” insert ““the 2018 Regulations” means the Public Service Vehicles (Registration of Local Services) (Franchising Schemes Transitional Provisions and Amendments) (England) Regulations 2018;”;

b

after the definition of “fixed stopping place” insert ““franchising authority” has the same meaning as in section 123A(4) of the Transport Act 2000”;

c

in the definition of “relevant authority” after the words “islands council” insert “or franchising authority”.

3

Regulation 4A is renumbered regulation 4A(1).

4

After regulation 4A(1), as renumbered, insert—

2

Regulations 5(2)(b) and 7(1)(b) do not apply to any application to which regulation 4(2), (3) or (4), or 9(1) of the 2018 Regulations relate.

3

Regulations 5(1) and 7(1)(a) do not apply to any application to which regulation 5(1) or 8(1) of the 2018 Regulations applies.

5

In regulation 9A in paragraphs (1) and (3)(c)—

a

after the words “by virtue of” insert “section 123J(3) (prohibition on provision of certain local services in an area to which a franchising scheme relates) or”;

b

omit the words “of the Transport Act 2000”; and

c

after “(prohibition on provision of local services other than under a quality contract)” insert “of the Transport Act 2000”.

The Public Service Vehicles (Registration Restrictions) (England and Wales) Regulations 20092

1

The Public Service Vehicles (Registration Restrictions) (England and Wales) Regulations 2009 are amended as follows.

2

In regulation 6 (period of notice for purposes of section 6 of the 1985 Act)—

a

in paragraphs (1) and (5), for “Where” substitute “Subject to paragraph (7), where”;

b

in paragraph (2), for “Unless” substitute “Subject to paragraph (7), unless”;

c

in paragraph (4), for “The” substitute “Subject to paragraph (7), the”;

d

after paragraph (6) insert the following—

7

Where a franchising application is—

a

received after section 123J(2) of the 2000 Act has effect in relation to an area to which a franchising scheme relates and in which the service has a stopping place; and

b

is accepted by a traffic commissioner before the cut-off date,

the period or date determined by a traffic commissioner in accordance with this regulation must not end, or be a date, earlier than the latest date, and paragraph (5) does not apply.

8

For the purposes of this regulation—

  • “the 2000 Act” means the Transport Act 2000;

  • “cut-off date” means the date that is 70 days before the latest date;

  • “expansion notice” means a notice of a decision to vary a franchising scheme pursuant to section 123M(1) of the 2000 Act (variation of scheme) by adding an area to the area to which a franchising scheme already relates;

  • “excepted service” means a local service which is excepted from regulation arising because of a franchising scheme by any provision of that scheme that is made under section 123H(5) of the 2000 Act;

  • “exempt service” means a service using a vehicle under a permit granted under section 22 of the 1985 Act (community bus permits);

  • “franchising application” means a relevant application in respect of a service which—

    1. a

      has one or more stopping places in an area to which a franchising scheme relates;

    2. b

      is not an excepted service in every such area; and

    3. c

      is not an exempt service;

  • “franchising scheme” has the same meaning as in section 123A(3) of the Transport Act 2000; and

  • “latest date” means the latest date on which any area in which a service has a stopping place ceases to be part of a franchising scheme as a result of a variation of a scheme pursuant to section 123M(1) of the 2000 Act or as a result of a revocation of a scheme pursuant to section 123N(1) (revocation of a scheme) of that Act.