Transport Act 2000

Bus services: miscellaneousE+W

142 Traffic regulation conditions to reduce or limit pollution.E+W

In section 7 of the M1Transport Act 1985 (traffic regulation conditions to be met in provision of local services subject to registration), in subsection (4) (reasons for which conditions may be determined), insert at the end “; or

(c)reduce or limit noise or air pollution.”

143 Power to obtain information about local services.E+W

(1)A local transport authority may, in connection with the exercise of any of their functions relating to public transport, require an operator of local services to provide them with any information relating to the matters specified in subsection (2) which is in his possession or control.

(2)The matters referred to in subsection (1) are—

(a)the total number of journeys undertaken by passengers on the local services operated by the operator in the authority’s area or any part of its area,

(b)the structure of fares for those journeys, and

(c)the total distance covered by vehicles used by him in operating those local services.

(3)The operator may be required to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it.

(4)No information which—

(a)has been provided under this section, or provided together with information so provided, and

(b)relates to the affairs of an individual or to a particular business,

shall be disclosed during the lifetime of the individual or while the business continues to be carried on.

(5)But subsection (4) does not apply to a disclosure made—

(a)with the consent of the individual or the person for the time being carrying on the business,

(b)in connection with the investigation of crime or for the purposes of criminal proceedings,

(c)for the purposes of civil proceedings brought by virtue of this Act or the M2Transport Act 1985, or

(d)in order to comply with the order of a court or tribunal.

(6)A person who discloses information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

[F1143APower to obtain information: franchising schemesE+W

(1)A franchising authority may, in connection with their functions under this Part in relation to franchising schemes, require an operator of local services to provide them with such relevant information about local services operated by the operator in the authority's area, or any part of it, as the operator possesses or controls.

(2)If two or more franchising authorities are exercising functions under this Part in relation to the same franchising scheme or proposed franchising scheme, each of them may, in connection with their functions under this Part in relation to franchising schemes, require an operator of local services to provide them with such relevant information about local services operated by the operator in the authorities' areas, or any part of those areas, as the operator possesses or controls.

(3)For the purposes of this section, information about the local services operated by an operator in an area is relevant information if it is—

(a)information about the total number of journeys undertaken by passengers on the local services operated by the operator in the area;

(b)information about the structure of fares for journeys on those local services;

(c)information about revenue received from those local services, including information about revenue attributable to particular types of fares or derived from journeys undertaken on particular parts of those local services;

(d)information about the total distance covered by vehicles used by the operator in operating those local services;

(e)information about persons employed by the operator in the provision of those local services;

(f)information about journeys that the operator has forecast will be undertaken by passengers on those services and revenue that the operator has forecast will be received from those services;

(g)information of such description as is specified in regulations made by the Secretary of State.

(4)The powers in subsections (1) and (2) may not be used to require an operator to provide information relating to periods that fall more than five years before the date of the demand.

(5)If a franchising authority or authorities require the consent of the Secretary of State under section 123C before preparing an assessment under section 123B, that consent must be given before the authority or any of them may exercise the powers in subsections (1) and (2).

(6)The operator may be required—

(a)to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect the operator to provide it, and

(b)to provide the information before the end of such reasonable period as may be specified by the franchising authority.

(7)If it appears to a franchising authority that an operator of a local service has failed to take all reasonable steps to comply with a requirement imposed under this section, the authority must inform a traffic commissioner.

(8)A franchising authority that have obtained information under this section may—

(a)use the information for the purposes of their functions under this Part in relation to franchising schemes, and

(b)supply the information to a person specified in subsection (9) for use in connection with the same franchising scheme or the same proposed franchising scheme.

(9)The persons referred to in subsection (8) are—

(a)a franchising authority;

(b)a person providing services to a franchising authority;

(c)a person carrying out functions under section 123D.

(10)The requirements in sections 123E and 123G about publishing documents do not require a franchising authority to publish information obtained by the authority, or another franchising authority exercising functions under this Part in relation to the same franchising scheme or proposed franchising scheme, under this section if it is information that the authority could refuse to disclose in response to a request under—

(a)the Freedom of Information Act 2000, or

(b)the Environmental Information Regulations 2004 (S.I. 2004/3391) or any regulations replacing those regulations.]

[F2143BPower to obtain information about local services: enhanced partnership schemesE+W

(1)If a local transport authority in England, or two or more such authorities acting jointly, are preparing an enhanced partnership plan or scheme, the authority or any of the authorities may, in connection with preparing the plan or scheme, require an operator of a local service in their area or combined area to supply relevant information.

(2)A local transport authority in England that are party to an enhanced partnership plan may, in connection with any relevant function, require an operator of a local service in their area, or in the combined area of the authority and any other local transport authority in England that are party to the plan, to supply relevant information.

(3)If an enhanced partnership plan is proposed to be varied so as to include another local transport authority in England, that authority may, in connection with determining whether and how to vary an enhanced partnership plan or scheme, require an operator of a local service in their area, or in the combined area of that authority and any other local transport authority in England that would be party to the plan as it is proposed to be varied, to supply relevant information.

(4)The operator may be required—

(a)to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it, and

(b)to provide the information before the end of such reasonable period as may be specified by the local transport authority.

(5)If it appears to a local transport authority that an operator of a local service has failed to take all reasonable steps to comply with a request under this section, the authority must inform a traffic commissioner.

(6)A local transport authority that have obtained information under this section in connection with a function relating to an enhanced partnership plan or scheme may—

(a)use the information for the purposes of the function for which it was obtained, and

(b)supply the information to a person specified in subsection (7) for use for those purposes in connection with the same plan or scheme.

(7)The persons referred to in subsection (6) are—

(a)a local transport authority;

(b)the Secretary of State;

(c)a metropolitan district council;

(d)a person providing services to a local transport authority, the Secretary of State or a metropolitan district council.

(8)A public authority must not disclose information supplied to the authority under this section if it is information which the authority may refuse to disclose in response to a request under the Freedom of Information Act 2000 in reliance on a claim that the information is exempt information by virtue of section 40, 41, 42 or 43 of the Freedom of Information Act 2000.

(9)Subsection (8) does not prevent the disclosure of information—

(a)under subsection (6)(b),

(b)in the case of information relating to the affairs of an individual who is alive or a particular business that is being carried on, with the consent of the individual or the person for the time being carrying on the business,

(c)in connection with the investigation of crime or for the purposes of criminal proceedings,

(d)for the purposes of civil proceedings brought by virtue of this Act or the Transport Act 1985,

(e)in order to comply with the order of a court of tribunal, or

(f)in order to comply with a requirement imposed by law.

(10)The prohibition in subsection (8) is to be disregarded for the purposes of section 44 of the Freedom of Information Act 2000.

(11)In this section—

• “relevant function” means—

  (a)

  reviewing an enhanced partnership plan or the operation of an enhanced partnership scheme,

  (b)

  determining whether and how to vary an enhanced partnership plan or scheme, or

  (c)

  determining whether to revoke an enhanced partnership plan or scheme;

• “relevant information” means information relating to a local service or passengers on a local service which is of a description specified in regulations made by the Secretary of State.]

F3144 Civil penalties for bus lane contraventions.E+W

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