SCHEDULEAmendments
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—
- a
has one or more stopping places in an area to which a franchising scheme relates;
- b
is not an excepted service in every such area; and
- 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.