Contents
Part 1 · Key concepts and general objectives
Objectives
4Welsh Ministers’ duty to have regard to objectives#
(1)In exercising any function under this Act, the Welsh Ministers must have regard to the following objectives.
(2)The first objective is to promote the use of local bus services.
(3)The second objective is continuously to improve the reliability, safety, affordability and accessibility of local bus services.
(4)The third objective is to work towards increasing the availability of local bus services.
(5)The fourth objective is to work towards achieving an integrated transport system.
(6)The fifth objective is to facilitate passenger journeys that involve using more than one local bus service.
(7)The sixth objective is to reduce greenhouse gas emissions and waste from road transport.
(8)The seventh objective is to facilitate access by passengers using local bus services to places where education, training, health services or social care services are provided.
(9)The eighth objective is to work towards removing or reducing barriers that disincentivise the use of local bus services.
(10)In this section—
(b)“greenhouse gas” has the same meaning as in Part 2 of the Environment (Wales) Act 2016 (anaw 3);
(c)“health services” means services provided under section 3 of the National Health Service (Wales) Act 2006 (c. 42) (including services regarded for the purposes of the duty in subsection (1) of that section as being provided under that duty);
(d)“social care services” means services that are treated as being regulated services for the purposes of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
Key concepts
1Meaning of “local bus service”#
(1)For the purposes of this Act, a local bus service is a service for the carriage of passengers by road at separate fares, using one or more public service vehicles, that—
(a)meets the condition in subsection (3), and
(b)has one or more embarkation or disembarkation points in Wales.
(2)But references in this Act to a local bus service do not include references to—
(a)a section 19 service (for which see section 44(1));
(b)a Part 3 of Schedule 1 service (for which see section 44(1));
(c)an excursion or tour;
(d)a rail replacement service.
(3)A service meets the condition in this subsection if, in the case of each of its embarkation points—
(a)the next disembarkation point is under 15 miles away (when measured in a straight line), and
(b)there is no point on the route between that embarkation point and that disembarkation point that is 15 miles away, or more than 15 miles away, from either of them (when measured in a straight line).
(4)For the purposes of this section—
(a)“public service vehicle” has the meaning given in section 1 of the 1981 Act;
(b)“excursion or tour” has the meaning given in section 137(1) of the 1985 Act;
(c)a “rail replacement service” is a service for the carriage of passengers, as a substitute for a railway passenger service that is temporarily interrupted or that has been discontinued.
(5)Where a part of a non-qualifying service would meet the condition in subsection (3) if that part were a service in its own right, that part is itself to be treated as being a local bus service for the purposes of this Act other than the duty in section 5(1)(a).
(6)For the purposes of subsection (5) a “non-qualifying service” is a service (other than one within subsection (2)) for the carriage of passengers by road at separate fares, using one or more public service vehicles, which has one or more embarkation or disembarkation points in Wales, but which does not meet the condition in subsection (3).
(7)Subsection (5)(b) and (c) of section 1 of the 1981 Act (meaning of “fares”) applies for the purposes of this section.
2Meaning of “embarkation point” and “disembarkation point”#
In this Act—
(a)references to an “embarkation point”, in relation to a service, are to any point on its route at which embarkation onto the service is permitted (whether or not passengers are also permitted to disembark from the service at that point);
(b)references to a “disembarkation point”, in relation to a service, are to any point on its route at which disembarkation from the service is permitted, otherwise than in the case of an emergency (whether or not passengers are also permitted to embark on the service at that point).
3Meaning of “flexible local bus service” and “standard local bus service”#
In this Act—
(a)references to a “flexible local bus service” are to a local bus service which, regardless of the existence of any limited fixed sections of route, is in the entirety of its operation so flexible that it would not be practicable to identify its route for the purposes of the Welsh Bus Network Plan (see section 5(1)(b));
(b)references to a “standard local bus service” are to a local bus service that is not a flexible local bus service.
Part 2 · Functions of the welsh ministers relating to local bus services
Core duties of the Welsh Ministers
5Local bus services: core duties#
(1)The Welsh Ministers must—
(a)determine the local bus services that they consider are required for the purpose of securing safe, integrated, sustainable, efficient and economic transport in Wales,
(b)publish a plan (to be known as the “Welsh Bus Network Plan”) setting out the key particulars of those local bus services, and
(c)so far as reasonably practicable, secure the provision of those local bus services.
(2)For the purposes of subsection (1)(b), the key particulars of a service are—
(a)in the case of a standard local bus service, the route and principal embarkation and disembarkation points that the Welsh Ministers consider are required for the purposes of the provision of that service;
(b)in the case of a flexible local bus service—
(i)the geographical area in which the Welsh Ministers consider that service is required to operate;
(ii)any fixed sections of route that the Welsh Ministers consider to be required for the purposes of the provision of that service;
(iii)any fixed embarkation or disembarkation points that the Welsh Ministers consider to be required for the purposes of the provision of that service.
(3)For further provision relating to the Welsh Bus Network Plan, see sections 6 to 8.
(4)For an exception to the duty in subsection (1)(c) in the case of cross-border services, see section 20 (cross-border services and the duty to secure the provision of services).
(5)Where the Welsh Ministers are required by this section to secure the provision of a local bus service, they may secure that service by doing any one or more of the following—
(a)entering into a local bus service contract in respect of a local bus service under section 10;
(b)granting a permit in respect of a local bus service under section 12;
(c)providing a local bus service under section 18;
(d)relying on the provision of a service as described in section 19.
(6)The Welsh Ministers must, before the end of the period of 12 months beginning on the day after the day on which this Act receives Royal Assent, lay before Senedd Cymru a statement on preparations for the coming into force of section 5(1)(c).
(7)The statement must, in particular, address preparations in relation to organisational capacity.
Local bus service contracts
11Power to make supplementary provision about local bus service contracts#
(1)Regulations may make provision about terms that must be included in a local bus service contract.
(2)That provision may relate to any of the following matters (among others)—
(a)punctuality, reliability and safety;
(b)frequency and timing;
(c)routes and areas of operation;
(d)arrangements for determining when passengers are taken up or set down;
(e)embarkation points and disembarkation points;
(f)booking journeys;
(g)record keeping;
(h)vehicles (including facilities to be made available and information to be displayed on vehicles), vehicle emissions, and types of fuel or power;
(i)connections to public passenger transport services and to section 19 services;
(j)passenger journeys involving travel on more than one local bus service, or travel on both a local bus service and public passenger transport services or section 19 services;
(k)ticketing, fares, and how entitlement to travel may be evidenced;
(l)education and training;
(m)interaction with customers, including in connection with customer feedback, and procedures for dealing with complaints and incidents;
(n)compliance with statutory requirements;
(o)incentives for improving the quality of a service;
(p)facilities and amenities to be made available to any person;
(q)payments to any person.
(3)Regulations under subsection (1) may—
(a)set out a standard form for terms that must be included in a local bus service contract;
(b)prescribe circumstances in which that standard form may or must be used in a local bus service contract.
Local bus service permits
14Conditions attached to local bus service permits#
(1)In the case of a local bus service permit granted to a person within section 12(4)(a) in respect of a service that is a community bus service, the Welsh Ministers must attach a condition to the permit requiring that—
(a)the service in question is provided as a community bus service, and
(b)each vehicle used in providing the service is so used under and in accordance with the terms of a community bus permit.
(2)Regulations may make provision about further conditions that must be attached to a local bus service permit.
(3)That provision may relate to any of the following matters (among others)—
(a)punctuality, reliability and safety;
(b)frequency and timing;
(c)routes and areas of operation;
(d)arrangements for determining when passengers are taken up or set down;
(e)embarkation points and disembarkation points;
(f)booking journeys;
(g)record keeping;
(h)vehicles (including facilities to be made available and information to be displayed on vehicles), vehicle emissions, and types of fuel or power;
(i)connections to public passenger transport services and to section 19 services;
(j)passenger journeys involving travel on more than one local bus service, or travel on both a local bus service and public passenger transport services or section 19 services;
(k)ticketing, fares, and how entitlement to travel may be evidenced;
(l)education and training;
(m)interaction with customers, including in connection with customer feedback, and procedures for dealing with complaints and incidents;
(n)compliance with statutory requirements;
(o)incentives for improving the quality of a service;
(p)facilities and amenities to be made available to any person;
(q)payments to any person.
(4)The Welsh Ministers may, after a local bus service permit has been granted, remove a condition attached to the permit by giving notice of this to the permit holder and with effect from a date specified in the notice.
(5)If the condition in subsection (6) or (7) is met, the Welsh Ministers may, after a local bus service permit has been granted, by giving notice of this to the permit holder and with effect from a date specified in the notice, vary the permit by—
(a)revising a condition attached to the permit;
(b)attaching a new condition to the permit.
(6)The condition is that the variation is made in consequence of provision made under subsection (2).
15Applications for local bus service permits#
(1)Regulations may make provision about applications for local bus service permits.
(2)Regulations under this section may, among other things, make provision about—
(a)the form and content of an application;
(b)when and how an application is to be made;
(c)fees payable in connection with an application.
(3)If the Welsh Ministers refuse an application for a local bus service permit they must give notice of their reasons to the applicant.
Reporting requirements
21Report on progress towards section 4 objectives#
(1)The Welsh Ministers must prepare a report under this section, in relation to each reporting period, setting out the Welsh Ministers’ assessment of the way in which, and the extent to which, the exercise by the Welsh Ministers of functions under this Act during the reporting period has contributed to achieving the objectives in section 4.
(2)The Welsh Ministers must, no later than 12 months after the end of each reporting period—
(a)publish the report under this section that relates to that reporting period, and
(b)lay it before Senedd Cymru.
(3)In this section, the “reporting period” means—
(a)in the case of the first reporting period, the period of two years beginning with the day on which section 5(1)(c) comes into force (for any purpose or area);
(b)in the case of subsequent reporting periods, successive periods of four years.
(4)For the purposes of subsection (1), functions under this Act do not include a function exercisable under section 48.
Welsh Bus Network Plan
6Preparation of Welsh Bus Network Plan#
(1)Before publishing the Welsh Bus Network Plan under section 5(1)(b), the Welsh Ministers must prepare a draft of the Plan.
(2)In preparing the draft of the Welsh Bus Network Plan, the Welsh Ministers must seek the views of every local authority.
(3)The Welsh Ministers must also, in preparing the draft of the Welsh Bus Network Plan, have regard to each of the following—
(a)the Wales Transport Strategy;
(b)each regional transport plan having effect under section 109A of the Transport Act 2000 (c. 38);
(c)the functions of local authorities under the Learner Travel (Wales) Measure 2008 (nawm 2).
(4)Having prepared the draft of the Welsh Bus Network Plan, the Welsh Ministers must, before publishing the Plan, consult each of the following persons on the draft—
(a)every local authority;
(b)each corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);
(c)the National Park authority for each National Park in Wales;
(d)any persons appearing to the Welsh Ministers to represent the interests of operators of local bus services that the Welsh Ministers consider appropriate;
(e)any persons appearing to the Welsh Ministers to represent the interests of employees of operators of local bus services that the Welsh Ministers consider appropriate;
(f)any persons appearing to the Welsh Ministers to represent the interests of persons using or likely to use local bus services that the Welsh Ministers consider appropriate;
(g)any other person that the Welsh Ministers consider appropriate.
(5)Having consulted those persons on the draft of the Welsh Bus Network Plan, the Welsh Ministers may publish the Plan under section 5(1)(b) either in the terms of the draft or, if they consider it appropriate having regard to any views expressed in the course of the consultation, in other terms.
(6)As soon as practicable after publishing the Welsh Bus Network Plan under section 5(1)(b), the Welsh Ministers must lay it before Senedd Cymru.
(7)The requirement imposed by subsection (1) to prepare a draft of the Welsh Bus Network Plan may be satisfied by a draft prepared before the coming into force of this section.
(8)The requirement imposed by subsection (2) that the Welsh Ministers seek views in preparing a draft of the Welsh Bus Network Plan may be satisfied by seeking views before the coming into force of this section.
(9)The requirement imposed by subsection (4) to consult on a draft of the Welsh Bus Network Plan may be satisfied by consultation carried out before the coming into force of this section.
7Review and revision of Welsh Bus Network Plan#
(1)The Welsh Ministers must keep the Welsh Bus Network Plan under review.
(2)The Welsh Ministers—
(a)must make any revision to the Welsh Bus Network Plan that they consider is required to ensure that it continues to set out the key particulars referred to in section 5(2);
(b)may make any other revision to the Welsh Bus Network Plan that they consider appropriate.
(3)But subsection (2)(a) does not require the Welsh Ministers to revise the Welsh Bus Network Plan to reflect any steps taken in respect of a local bus service that would (but for this subsection) require revision to the Plan, if the Welsh Ministers consider that the period for which those steps will have effect will not exceed 14 days.
(4)In considering whether to revise the Welsh Bus Network Plan and the nature of any revision, the Welsh Ministers must have regard to each of the following—
(a)the Wales Transport Strategy;
(b)if they consider that the proposed revision may affect any part of the area of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021, that committee’s regional transport plan having effect under section 109A of the Transport Act 2000 (c. 38);
(c)the functions of local authorities under the Learner Travel (Wales) Measure 2008 (nawm 2).
(5)After making any revision to the Welsh Bus Network Plan, the Welsh Ministers must as soon as reasonably practicable publish the revised Welsh Bus Network Plan.
(6)If the Welsh Ministers make any revision to the Welsh Bus Network Plan after the most recent date on which it was laid before Senedd Cymru (either under this section or section 6) they must, within the period of 13 months beginning with the date on which the Plan was most recently laid before Senedd Cymru, lay before Senedd Cymru—
(a)a further copy of the Welsh Bus Network Plan, and
(b)a statement setting out the differences between that further copy of the Plan, and the preceding copy of the Plan laid before Senedd Cymru.
(7)Section 8 makes further provision about revisions to the Welsh Bus Network Plan.
8Further provision about revisions to the Welsh Bus Network Plan#
(1)This section applies in relation to any revision to the Welsh Bus Network Plan that the Welsh Ministers propose to make (a “proposed revision”), unless the Welsh Ministers consider—
(a)that the effect of the proposed revision on the provision of local bus services would be no more than minor, or
(b)that it would not be reasonably practicable to carry out consultation on the proposed revision as described in subsection (4).
(2)Before making the proposed revision, the Welsh Ministers must prepare a draft of the Welsh Bus Network Plan incorporating the proposed revision (the “revised draft Plan”).
(3)In preparing the revised draft Plan, the Welsh Ministers must, if they consider that the proposed revision may affect any part of the area of a local authority, seek the views of that authority.
(4)Having prepared the revised draft Plan, the Welsh Ministers must, before making the proposed revision to the Welsh Bus Network Plan, consult each of the following persons on the proposed revision—
(a)where the Welsh Ministers consider the proposed revision may affect any part of the area of a local authority, that authority;
(b)where the Welsh Ministers consider the proposed revision may affect any part of the area of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1), that committee;
(c)where the Welsh Ministers consider the proposed revision may affect any part of the area of a National Park authority for a National Park in Wales, that authority;
(d)any persons appearing to the Welsh Ministers to represent the interests of operators of affected local bus services that the Welsh Ministers consider appropriate;
(e)any persons appearing to the Welsh Ministers to represent the interests of employees of operators of affected local bus services that the Welsh Ministers consider appropriate;
(f)any persons appearing to the Welsh Ministers to represent the interests of persons using or likely to use affected local bus services that the Welsh Ministers consider appropriate;
(g)any other person that the Welsh Ministers consider appropriate.
(5)For the purposes of that consultation, the Welsh Ministers must provide each of those persons with a copy of the revised draft Plan.
(6)Having consulted those persons on the proposed revision, the Welsh Ministers may revise the Welsh Bus Network Plan either in the terms of the revised draft Plan or, if they consider it appropriate having regard to any views expressed in the course of the consultation, in other terms.
(7)In this section, references to “affected local bus services”, in relation to consultation on a proposed revision, are to local bus services that the Welsh Ministers consider would be affected by the proposed revision.
9Revision of Welsh Bus Network Plan: local authority duties#
(1)This section applies where the views of a local authority are sought under section 8(3).
(2)The local authority must, in giving its views, have regard to the needs of persons in its area who it considers use, or are likely to use, local bus services affected by the proposed revision, including in particular their needs relating to the accessibility of local bus services; and must consider whether for this purpose it should carry out consultation with persons in its area on the proposed revision.
Part 4 · Information and data
Enforcement
32Enforcement of information requirements#
(1)If a traffic commissioner is satisfied that a person who is operating or has operated a bus service has, without reasonable excuse, failed to comply with a requirement to provide information in accordance with a notice given under section 27 or regulations made under section 30, the traffic commissioner may make one or more orders under subsection (2).
(2)The orders are—
(a)an order that the person pay, within a time specified in the order, a penalty of any amount that the traffic commissioner thinks appropriate in all the circumstances of the case, but which does not exceed the upper limit;
(b)an order of any other description prescribed in regulations.
(3)If a person fails to comply with an order under subsection (2), and the condition in subsection (5) is met in respect of the order, a traffic commissioner may make an order under this subsection ordering the person to pay, within a period specified in the order, an additional penalty.
(4)The additional penalty may be any amount that the traffic commissioner thinks appropriate in all the circumstances of the case, but must not exceed 110% of the upper limit.
(5)The condition is that either—
(a)on an appeal under section 33 against the making of the order, the order has been upheld, or
(b)the period within which an appeal under section 33 against the making of the order may be brought to the Upper Tribunal has elapsed, without an appeal having been brought.
(6)After making an order under subsection (2) or (3), the traffic commissioner must give notice to—
(a)the person with respect to whom the order has been made, and
(b)the Welsh Ministers.
(7)Except to any extent provided for in regulations under this section, an amount ordered to be paid under subsection (2) or (3) is payable to the Welsh Ministers and recoverable, on the order of a court, as if payable under a court order.
(8)Regulations under this subsection may make provision about orders under this section including provision about (among other things)—
(a)the form and content of an order;
(b)the procedure to be followed by a traffic commissioner in relation to an order.
(9)The upper limit, for the purposes of a penalty that a person is ordered to pay under this section, is—
(a)in the case of a person who, at the relevant time, was licensed to use vehicles under a PSV operator’s licence, the sum that is calculated by multiplying the total number of vehicles that the person was licensed to use under all the PSV operator’s licences held by the person at the relevant time by either—
(i)notean amount specified in regulations under this sub-paragraph, or
(ii)in the absence of any amount being so specified, £550;
(b)in the case of a person who, at the relevant time, was not licensed to use vehicles under a PSV operator’s licence—
(i)notean amount specified in regulations under this sub-paragraph, or
(ii)in the absence of any amount being so specified, £550.
(10)For the purposes of subsection (9), the “relevant time” is—
(b)in the case of a failure to comply with a requirement to provide information in accordance with regulations made under section 30, the time at which the person failed to comply with that requirement.
Information to be made available to the public
29Duty to secure that information is made available to the public#
(1)The Welsh Ministers must make arrangements to secure that the information specified in regulations under this section is made available to the public.
(2)Regulations under this section may specify information relating to a service within subsection (3).
(3)The services are—
(a)a local bus service;
(b)a section 19 service that is being relied upon as described in section 19;
(c)a Part 3 of Schedule 1 service that is being relied upon as described in section 19.
(4)The information that may be specified in the regulations includes information about (among other things)—
(a)timetables and frequencies of service, and punctuality of services;
(b)routes and areas of operation;
(c)embarkation points and disembarkation points;
(d)arrangements for determining when passengers are taken up or set down;
(e)booking journeys;
(f)fares and tickets;
(g)the operation of services, including (among other things)—
(i)the location of vehicles;
(ii)the time at which a service has arrived or is expected to arrive at a destination;
(h)facilities that are available to passengers on vehicles;
(i)connections to public passenger transport services and to section 19 services;
(j)amenities and facilities (including active travel routes and related facilities) that are available in the vicinity of embarkation and disembarkation points.
(5)The regulations must make provision specifying how and when the information is to be made available to the public.
30Provision of information to the Welsh Ministers for the purposes of section 29#
(1)Regulations under this section may require—
(a)a person who operates a local bus service,
(b)a person who operates a section 19 service that is being relied upon as described in section 19, or
(c)a person who operates a Part 3 of Schedule 1 service that is being relied upon as described in section 19,
to provide specified information in relation to the service to the Welsh Ministers.
(2)Information may not be specified in the regulations unless the Welsh Ministers consider that the information is needed for the purpose of the duty in section 29(1).
(3)The information that may be specified in the regulations includes information about (among other things)—
(a)timetables and frequencies of service, and punctuality of services;
(b)routes and areas of operation;
(c)embarkation points and disembarkation points;
(d)arrangements for determining when passengers are taken up or set down;
(e)booking journeys;
(f)fares and tickets;
(g)the operation of services, including (among other things)—
(i)the location of vehicles;
(ii)the time at which a service has arrived or is expected to arrive at a destination;
(h)facilities that are available to passengers on vehicles;
(i)connections to public passenger transport services and to section 19 services;
(j)amenities and facilities (including active travel routes and related facilities) that are available in the vicinity of embarkation and disembarkation points.
(4)The regulations must make provision specifying how and when the information is to be provided.
Provision of information to the Welsh Ministers for the purposes of exercising certain functions
27Provision of information to the Welsh Ministers by current and former operators for the purposes of functions under Part 2 or 3#
(1)The Welsh Ministers may give notice under this section to—
(a)a person who operates or has operated a local bus service,
(b)a person who operates or has operated a section 19 service, or
(c)a person who operates or has operated a Part 3 of Schedule 1 service,
requiring the person to provide the Welsh Ministers with information specified in the notice in relation to that service.
(2)The notice—
(a)must specify how and when the information is to be provided;
(b)may not require a person to provide information that relates to a period ending more than five years before, or to a date that is more than five years before, the date on which the notice is given.
(3)Information may not be specified in the notice unless—
(a)the Welsh Ministers consider that the information is needed for the purpose of the exercise of a relevant function, and
(b)the information is of a kind that is specified in regulations under this section.
(4)Regulations under this section may specify information about (among other things)—
(a)timetables and frequencies of service, and punctuality of services;
(b)routes and areas of operation;
(c)embarkation and disembarkation points;
(d)arrangements for determining when passengers are taken up or set down;
(e)booking journeys;
(f)fares, tickets, revenue and costs associated with services;
(g)types and numbers of journeys made;
(h)passenger numbers;
(i)vehicles and their use;
(j)facilities that are available to passengers on vehicles;
(k)connections to public passenger transport services and to section 19 services;
(l)amenities and facilities (including active travel routes and related facilities) that are available in the vicinity of embarkation and disembarkation points;
(m)workforce composition;
(n)forecasts relating to any of the above matters.
(5)The regulations—
(a)must make provision about appeals;
(b)may make provision about the disclosure of information (including, among other things, about the use of information by persons to whom it is disclosed).
(6)For the purposes of this section, a “relevant function” is—
(a)a function of the Welsh Ministers that is exercisable under Part 2 or 3;
(b)a function of the Welsh Ministers that is otherwise exercisable in respect of a local bus service contract, a local bus service permit, or a service relied on under section 19.
(7)In this Part, “active travel route” and “related facilities” have the meaning given in section 2 of the Active Travel (Wales) Act 2013 (anaw 7).
28Provision of information about infrastructure and certain other matters to the Welsh Ministers by local authorities and community councils for the purposes of functions under Part 2#
(1)The Welsh Ministers may give notice under this section to a local authority or a community council requiring the authority or the council to provide the Welsh Ministers with information specified in the notice.
(2)The notice must specify how and when the information is to be provided.
(3)Information may not be specified in the notice unless—
(a)the Welsh Ministers consider that the information is needed for the purposes of the exercise of their functions under Part 2, and
(b)the information is of a kind that is specified in regulations under this section.
(4)Regulations under this section may specify information about (among other things)—
(a)routes;
(b)points where passengers are permitted to embark onto, and disembark from, bus services;
(c)infrastructure, including road transport and highways infrastructure;
(d)the operation of bus services;
(e)the availability of public passenger transport services and of section 19 services;
(f)amenities and facilities (including active travel routes and related facilities).
Part 5 · Local authority powers and duties
34Provision of bus services by local authorities: removal of restriction#
(1)The 1985 Act is amended as follows.
(2)In section 66 (exclusion of powers of certain councils to run bus undertakings), in subsection (1), omit “a county council or county borough council in Wales”.
Part 6 · Miscellaneous and general
General
42Regulations under this Act#
(1)A power to make regulations under this Act is exercisable by Welsh statutory instrument.
(2)A power to make regulations under this Act includes power to make different provision for different purposes and for different areas.
(3)A power to make regulations under this Act includes power to make—
(a)supplementary, incidental and consequential provision;
(b)transitional and saving provision.
(4)The provision that may be made by virtue of subsection (3) includes provision modifying any enactment (whenever enacted or made, and including this Act).
(5)A Welsh statutory instrument to which this subsection applies is subject to the Senedd approval procedure.
(6)Subsection (5) applies to a Welsh statutory instrument containing regulations under any of the following provisions—
(a)section 16(5) (revocation and suspension of local bus service permits);
(b)section 23(3) (application of restriction in section 23);
(c)section 25(2)(b) (other orders that may be made by traffic commissioner in respect of breach of restriction in section 23);
(d)section 25(9)(a)(i) and (b)(i) (determination of upper limit for penalties for breach of restriction in section 23);
(e)section 27 (provision of information to the Welsh Ministers for the purposes of functions under Part 2 or 3);
(f)section 28 (provision of information about infrastructure and other matters to the Welsh Ministers by local authorities and community councils);
(g)section 29 (information to be made available to the public);
(h)section 30 (provision of information to the Welsh Ministers for the purposes of section 29);
(i)section 32(2)(b) (other orders that may be made by traffic commissioner in respect of failure to comply with requirement to provide information);
(j)section 32(9)(a)(i) and (b)(i) (determination of upper limit for penalties for failure to comply with requirement to provide information);
(k)section 37(1) and (3) (application of TUPE);
(l)section 44(3) (meaning of operator).
(7)Subsection (5) also applies to a Welsh statutory instrument containing regulations under any provision not mentioned in subsection (6), where the regulations modify any provision of primary legislation.
(8)Any other Welsh statutory instrument containing regulations under this Act is subject to the Senedd annulment procedure.
(9)In this section, “primary legislation” means any of the following—
(a)an Act of Senedd Cymru;
(b)an Assembly Measure;
(c)an Act of the Parliament of the United Kingdom.
43Giving notices etc.#
(1)This section applies where a provision of this Act or of regulations made under this Act requires or authorises a person to—
(a)notify another person of something, or
(b)give a document to another person (whether the provision uses the word “serve” or “give” or any other term).
(2)The notification or other document may be given to the person in question in any of the following ways—
(a)by handing it to the person;
(b)by leaving it, addressed to the person, at the person’s proper address;
(c)by sending it by pre-paid post, addressed to the person at the person’s proper address;
(d)if the person has given an address for service using electronic communications, by sending it to the person at that address using an electronic communication that complies with the conditions in subsection (9).
(3)The reference in subsection (2)(a) to handing a notification or other document to a person is—
(a)if the person is a body corporate, a reference to handing it to an officer of the body;
(b)if the person is a partnership, a reference to handing it to a partner.
(4)The reference in subsection (2)(b) and (c) to a notification or other document being addressed to a person is—
(a)if the person is a body corporate, a reference to its being addressed to the body corporate, or to an officer of the body;
(b)if the person is a partnership, a reference to its being addressed to the partnership, or to a partner.
(5)Subsections (6) to (8) apply for the purposes of determining a person’s proper address as referred to in subsections (2)(b) and (c).
(6)If the person has given an address for the service of a specific notification or other document, that address is the person’s proper address for the purposes of the service of that notification or other document.
(7)In the case of service of a notification or other document in respect of which the person has not given an address for service as described in subsection (6), if the person has given an address for the service of documents generally, that address is the person’s proper address for the purposes of the service of the notification or other document.
(8)In the case of service of a notification or other document where the person has neither given an address for service as described in subsection (6) in respect of that notification or document, nor given an address for the service of documents generally, the person’s proper address for the purposes of the service of the notification or other document is—
(a)if the person is a body corporate, the address of the registered or principal office of the body;
(b)if the person is a partnership, the address of the principal office of the partnership;
(c)in any other case, the person’s last known residence or place of business.
(9)The conditions referred to in subsection (2)(d) are that the notification or other document is—
(a)capable of being accessed by the person to whom it is sent,
(b)legible in all material respects, and
(c)capable of being used for subsequent reference.
(10)For the purposes of this section—
(a)the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is their principal office within the United Kingdom;
(b)“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.
44General interpretation#
(1)In this Act—• “the 1981 Act” (“Deddf 1981”) means the Public Passenger Vehicles Act 1981 (c. 14);• “the 1985 Act” (“Deddf 1985”) means the Transport Act 1985 (c. 67);• “community bus permit” (“trwydded bysiau cymunedol”) has the meaning given in section 22 of the 1985 Act;• “community bus service” (“gwasanaeth bysiau cymunedol”) has the meaning given in section 22 of the 1985 Act;• “functions” (“swyddogaethau”) includes powers and duties;• “local authority” (“awdurdod lleol”) means a county or county borough council in Wales;• “modify” (“addasu”) includes amend, repeal or revoke;• “notice” (“hysbysiad”) means notice in writing;• “Part 3 of Schedule 1 service” (“gwasanaeth Rhan 3 o Atodlen 1”) means a service for the carriage of passengers by road in which every vehicle used is so used in circumstances in which the conditions set out in Part 3 of Schedule 1 to the 1981 Act are met;• “PSV operator’s licence” (“trwydded gweithredwr cerbydau gwasanaeth cyhoeddus”) has the same meaning as in the 1981 Act;• “public passenger transport services” (“gwasanaethau trafnidiaeth gyhoeddus i deithwyr”) has the meaning given in section 7 of the Transport (Wales) Act 2006 (c. 5);• “regulations” (“rheoliadau”) means regulations made by the Welsh Ministers;• “section 19 service” (“gwasanaethau adran 19”) means a service for the carriage of passengers by road in which every vehicle used is so used under a permit under section 19 of the 1985 Act;• “specified” (“penodedig” and “a bennir”) (unless the context requires otherwise) means specified in regulations;• “traffic commissioner” (“comisiynydd traffig”) means a traffic commissioner for England and Wales appointed under section 4 of the 1981 Act;• the “Wales Transport Strategy” (“Strategaeth Drafnidiaeth Cymru”) means the Wales Transport Strategy published under section 2 of the Transport (Wales) Act 2006 (c. 5).
(2)References in this Act to an operator, in relation to a service, are to the person, or each of the persons, providing the service; and related expressions (including references to a person having operated a service) are to be construed accordingly.
(3)Regulations may make provision about circumstances in which a person of a specified description is to be treated for the purposes of subsection (2) as providing or not providing a service
45Index of defined terms#
The Table below lists provisions in this Act that define or otherwise explain terms used in this Act (other than a term used only in a section where that term is defined or explained)—
| Term | Relevant provision |
|---|---|
| 1981 Act (“Deddf 1981”) | Section 44(1) |
| 1985 Act (“Deddf 1985”) | Section 44(1) |
| Active travel route (“llwybr teithio llesol”) | Section 27(7) |
| Cross-border service (“gwasanaeth trawsffiniol”) | Section 20(1) |
| Community bus permit (“trwydded bysiau cymunedol”) | Section 44(1) |
| Community bus service (“gwasanaeth bysiau cymunedol”) | Section 44(1) |
| Disembarkation point (“man disgyn”) | Section 2(b) |
| Embarkation point (“man esgyn”) | Section 2(a) |
| Flexible local bus service (“gwasanaeth bysiau lleol hyblyg”) | Section 3(a) |
| Functions (“ swyddogaethau”) | Section 44(1) |
| Local authority (“awdurdod lleol”) | Section 44(1) |
| Local bus service (“gwasanaeth bysiau lleol”) | Section 1 |
| Local bus service contract (“contract gwasanaeth bysiau lleol”) | Section 10(1) |
| Local bus service permit (“trwydded gwasanaeth bysiau lleol”) | Section 12(2) |
| Modify (“ addasu”) | Section 44(1) |
| Notice (“ hysbysiad”) | Section 44(1) |
| Operator (“ gweithredwr”) | Section 44(2) |
| Part 3 of Schedule 1 service (“gwasanaeth Rhan 3 o Atodlen 1”) | Section 44(1) |
| PSV operator’s licence (“trwydded gweithredwr cerbydau gwasanaeth cyhoeddus”) | Section 44(1) |
| Public passenger transport services (“gwasanaethau trafnidiaeth gyhoeddus i deithwyr”) | Section 44(1) |
| Regulations (“ rheoliadau”) | Section 44(1) |
| Related facilities (“cyfleusterau cysylltiedig”) | Section 27(7) |
| Section 19 service (“gwasanaeth adran 19”) | Section 44(1) |
| Specified (“ penodedig” and “ pennu”) | Section 44(1) |
| Standard local bus service (“gwasanaeth bysiau lleol safonol”) | Section 3(b) |
| Traffic commissioner (“comisiynydd traffig”) | Section 44(1) |
| Wales Transport Strategy (“Strategaeth Drafnidiaeth Cymru”) | Section 44(1) |
| Welsh Bus Network Plan (“Cynllun Rhwydwaith Bysiau Cymru”) | Section 5(1)(b) |
46Power to make consequential, transitional etc. provision#
(1)If the Welsh Ministers consider it necessary or appropriate for the purposes of, or in consequence of, or for giving full effect to any provision of this Act, they may by regulations make—
(a)supplementary, incidental and consequential provision;
(b)transitional and saving provision.
(2)Regulations under subsection (1) may modify any enactment (whenever enacted or made, and including this Act).
48Coming into force#
(1)The following provisions come into force on the day after the day on which this Act receives Royal Assent—
(a)sections 1 to 3;
(b)section 5(6) and (7);
(c)section 11;
(d)section 14(2) and (3);
(e)section 15(1) and (2);
(f)section 27(3)(b), (4) and (5);
(g)section 28(3)(b) and (4);
(h)section 29(2) to (5);
(i)section 30;
(j)section 32(2)(b), (8), (9)(a)(i) and (9)(b)(i);
(k)sections 42 to 46;
(l)this section;
(m)section 49.
(2)The following provisions come into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent—
(a)section 4;
(b)section 21.
(3)The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by Welsh statutory instrument.
(4)An order under subsection (3)—
(a)may make transitional or saving provision;
(b)may appoint different days for different purposes and different areas.
Contains public sector information licensed under the Open Government Licence v3.0.