Tribunals (Scotland) Act 2014 - Draft Regulations Consultation

Annex C: Draft regulations relating to Part 4: The Public Service Vehicles (Registration of Local Services) (Bus Services Improvement Partnerships Service Standards Decisions) (Appeals) (Scotland) Regulations 2024

Scottish Statutory Instruments

2024 No.

Transport

The Public Service Vehicles (Registration of Local Services) (Bus Services Improvement Partnerships Service Standards Decisions) (Appeals) (Scotland) Regulations 2024

Made - - - - ***

Laid before Parliament ***

Coming into force - - ***

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 6M of the Transport Act 1985(^a) and all other powers enabling them to do so.

In accordance with section 61(2) of the Public Passenger Vehicles Act 1981(^b), they have consulted with such representative organisations as they think fit.

^(a) 1985 c. 67 (“the 1985 Act”). Section 6M was inserted by section 37 of the Transport (Scotland) Act 2019 (asp 17). Section 134 of the 1985 Act provides that section 60 of the Public Passenger Vehicles Act 1981 (c. 14) (“the 1981 Act”) has effect as if Parts I and II of the 1985 Act were contained in that Act. Section 60(2) of the 1981 Act contains a definition of “regulations” relevant to the exercise of the powers under which these Regulations are made. The functions of the Secretary of State under section 60 of the 1981 Act were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

^(b) Section 135 of the 1985 Act provides that section 61 of the 1981 Act has effect as if Parts I and II of the 1985 Act were contained in that Act. The functions of the Secretary of State under section 61 of the 1981 Act were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

Citation, commencement and interpretation

2.1—(1) These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Bus Services Improvement Partnerships Service Standards Decisions) (Appeals) (Scotland) Regulations 2024 and come into force on [***].

(1) (2) In these Regulations, "service standards decision" means a decision specified in section 6M of the Transport Act 1985.

Appeals to the Upper Tribunal for Scotland

3.—(1) An appeal against a service standards decision may be made to the Upper Tribunal for Scotland by—

(a) a person who is, or would be, the operator of the service to which the service standards decision relates,

(b) a local transport authority who made the bus services improvement partnership scheme under section 3B of the Transport (Scotland) Act 2001(^a) to which the service standards decision relates.

(2) Where a scheme mentioned in paragraph (1)(b) is made by two or more local transport authorities acting jointly, those authorities may jointly appeal against a service standards decision.

[Name]

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

[***]

^(a) 2001 asp 2. Section 3B was inserted by section 35 of the Transport (Scotland) Act 2019 (asp 17).

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for appeals relating to the decisions listed in section 6M of the Transport Act 1985 ("service standards decisions").

Sections 3A to 3M of the Transport (Scotland) Act 2001 (the "2001 Act") provide for bus services improvement partnerships ("BSIPs"). BSIPs involve local transport authorities (defined by section 82(1) of the 2001 Act) formulating a plan with operators of local bus services in their area and then deciding how best to implement the plan through supporting schemes ("partnership schemes"). A partnership scheme imposes one or more service standards in relation to the local services that have one or more stopping places in the area.

Service standards decisions are decisions by the traffic commissioner about the registration of a local service under section 6 of the Transport Act 1985, related to service standards imposed by a partnership scheme.

Regulation 2 provides that appeals may be made against service standards decisions to the Upper Tribunal for Scotland. An appeal may be made by two categories of person: the person who is the operator, or would be the operator, of the service to which the service standards decision relates; and the local transport authority who made the partnership scheme to which the service standards decision relates. Where a partnership scheme is made by two or more local transport authorities acting jointly, regulation 2 provides that those authorities may jointly appeal against a service standards decision.