Transport Act 2000

Bus services: quality contracts schemes [F1 in Wales] E+W

124 Quality contracts schemes.E+W

(1)A local transport authority [F2for an area in Wales], or two or more such authorities acting jointly, may make a quality contracts scheme covering the whole or any part of their area, or combined area, if they are satisfied that—

[F3(a)the proposed scheme will result in an increase in the use of bus services (see subsection (9B)) in the area to which the proposed scheme relates,]

[F3(b)the proposed scheme will bring benefits to persons using local services in the area to which the proposed scheme relates, by improving the quality of those services,]

[F3(c)the proposed scheme will contribute to the implementation of the local transport policies of the authority or authorities,]

[F3(d)the proposed scheme will contribute to the implementation of those policies in a way which is economic, efficient and effective, and]

[F3(e)any adverse effects of the proposed scheme on operators will be proportionate to the improvement in the well-being of persons living or working in the area to which the proposed scheme relates and, in particular, to the achievement of the objectives mentioned in paragraphs (a) to (d).]

F4(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(2)A quality contracts scheme may not be made unless the authority or authorities—

(a)have complied with the requirements of section 125, [F6and]

(b)F7... have obtained the approval of the Welsh Ministers in accordance with section 126, F8 . . .]

F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A quality contracts scheme is a scheme under which—

(a)the authority or authorities determine what local services should be provided in the area to which the scheme relates and any additional facilities or services which should be provided in that area, and

(b)local services may only be provided in that area in accordance with quality contracts (subject to section 127(4) [F10and section 132C]).

(4)In this Part “quality contract”, in relation to a quality contracts scheme, means an agreement entered into under section 130 or 131 under which—

(a)the authority or authorities grant to another person the exclusive right to operate the local services to which the contract relates, and

(b)that person undertakes to provide the services on such terms (including in particular as to frequency, fares and standard of service) as may be specified in the agreement.

(5)A quality contract may be made on terms—

(a)which include provision for the making of payments by the authority or authorities to the person undertaking to provide the local service, and

(b)requiring one or more of the parties to provide additional facilities or services.

(6)Section 88(1) of the M1Transport Act 1985 (application to subsidy agreements of sections 89 to 92 of that Act) does not apply in relation to quality contracts.

(7)The authority or authorities must keep under review the extent to which quality contracts entered into by them are complied with.

(8)In carrying out their functions under this Part in relation to quality contracts schemes, local transport authorities must co-operate with one another.

(9)In considering whether to make a quality contracts scheme, a local transport authority [F11for an area in Wales] must have regard to the desirability, in appropriate cases, of making a scheme jointly with another [F12such ] authority.

F13(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(9B)The reference in subsection (1)(a) to increasing the use of bus services includes a reference to reducing, arresting or reversing decline in the use of bus services.]

F15(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

125 Notice and consultation requirements.E+W

(1)If an authority or authorities propose to make a quality contracts scheme, [F17they must—]

[F17(a)publish, in such manner as they think fit, a consultation document complying with subsection (1A),]

[F17(b)supply a copy of that document to each of the persons mentioned in subsection (3),] [F18and]

[F17(c)give notice in accordance with subsection (2) of the proposed scheme in at least one newspaper circulating in the area to which it relates, F19...]

F19( d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20(1A)The consultation document mentioned in subsection (1)(a) must include—

(a)a description of the proposed scheme;

(b)a statement of the reasons why the authority or authorities are satisfied that the conditions in subsection (1) F21... of section 124 are met;

(c)a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the implementation of the scheme;

(d)a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;

(e)a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—

(i)any estimated income from fares, and

(ii)any grants from Ministers of the Crown or government departments,

any remaining funding required to implement the scheme can be provided from other resources available to the authority or authorities;

(f)the date by which any written responses to the consultation must be submitted to the authority or authorities.]

[F20(1B)The description of the proposed scheme contained in the consultation document in accordance with subsection (1A)(a) must include—

(a)an outline of the local services which are proposed to be provided under it;

(b)a statement of any proposed exclusions from the scheme by virtue of section 127(4).]

[F20(1C)In subsection (1A)(e) “chief finance officer”, in relation to a local transport authority, means that officer of the authority who is responsible under—

(a)section 151 of the Local Government Act 1972, or

(b)section 73 of the Local Government Act 1985,

for making arrangements for the proper administration of the financial affairs of the authority.]

(2)The notice must—

(a)describe the proposed scheme, [F22and]

(b)state where a copy of the scheme [F23and the consultation document ] may be inspected, F24...

F24(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)After giving notice of the proposed scheme, the authority or authorities must consult—

(a)all persons operating local services in the area to which it relates,

(b)all other persons holding a PSV operator’s licence or a community bus permit who would, in the opinion of the authority or authorities, be affected by it,

(c)such organisations appearing to the authority or authorities to be representative of users of local services as they think fit,

(d)any other relevant local authority any part of whose area would, in the opinion of the authority or authorities, be affected by it,

(e)F25... [F26a traffic commissioner],

(f)the chief officer of police for each police area covering the whole or part of [F27the area to which the proposed scheme relates], and

(g)such other persons as the authority or authorities think fit.

(4)For the purpose of subsection (3)(d) the following are relevant local authorities—

(a)local transport authorities,

(b)district councils in England,

(c)London transport authorities, and

(d)councils in Scotland.

(5)The authority or authorities may modify the proposed scheme following those consultations.

126 [F28Approval of proposed schemes for areas in Wales]E+W

F29(A1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1)If, having complied with [F30the requirements of] section 125, the authority or authorities wish to proceed with the proposed scheme, they must apply to the appropriate national authority for its approval.

(2)The application must include—

(a)their reasons for wishing to make the scheme, and

(b)such other information as the appropriate national authority may reasonably require.

(3)Any person [F31who was consulted, or who is aggrieved at not being consulted,] under section 125(3) may make written representations to the appropriate national authority about the scheme.

(4)The appropriate national authority may approve the proposed scheme, with or without modifications, if it is satisfied that—

(a)the conditions set out in [F32paragraphs (a) to (e)] of section 124(1) F33... are met, and

(b)it is in the interests of the public that the scheme is made.

(5)If the appropriate national authority proposes to approve the scheme with modifications, it must first inform the authority or authorities and they must—

(a)consult such of the persons they consulted under section 125(3) as would, in their opinion, be affected by those modifications, and

(b)inform the appropriate national authority as to the outcome of that consultation.

(6)After being informed of that outcome the appropriate national authority may approve the scheme either with those modifications or without modifications.

126ABoards for proposed schemes for areas in EnglandE+W

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F34126BAdvice by boards or their CommissionersE+W

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F34126CRequests for boards to begin consideration etc of proposed schemesE+W

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F34126DConsideration of proposed schemes by boardsE+W

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F34126EPractice and procedure of boardsE+W

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127 Making of scheme.E+W

[F35(1)The authority or authorities who proposed the scheme may make it—

F36(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F37... in accordance with the requirements of subsection (1B).]

F38(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35(1B)If—

F39(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Welsh Ministers approve the scheme under section 126,

the authority or authorities who proposed it may make it, as approved, at any time not later than 6 months after the date of the approval.]

(2)The scheme must specify—

(a)the area to which it relates,

[F40(b)the date on which it is to come into operation or, if the scheme provides for different provisions to come into operation on different dates, or on different dates for different purposes, those dates in the case of each provision, and]

(c)the period for which it is to remain in operation, which must not be more than ten years [F41from the earliest date on which the scheme or any of its provisions comes into operation.]

[F42(2A)No date that is to be specified under subsection (2)(b) may be earlier than 6 months after the scheme is made.]

(3)The scheme must outline—

(a)the local services which are to be provided under quality contracts, and

(b)the features of the proposed invitations to tender for quality contracts.

[F43(3A)The scheme must specify the date or dates on which it is proposed that the authority or authorities will issue invitations to tender for the provision of any services to which the scheme relates (see section 130).]

(4)The scheme may provide that—

(a)local services specified in it, or

(b)local services of a class specified in it,

are to be excluded from the scheme, subject to such conditions (if any) as may be specified in it.

(5)The scheme may contain such ancillary provisions as the authority or authorities think fit.

(6)The scheme may include provision—

(a)varying or revoking any quality partnership scheme which only relates to the area of the authority, or combined area of the authorities, by which the scheme is made, or

(b)varying any other quality partnership scheme to the extent that it so relates.

(7)If provision is made under subsection (6)(b) to vary the quality partnership scheme so that it no longer so relates, such of the authorities by which it was made as did not make the quality contracts scheme—

(a)may (subject to the provision so made) vary it if they decide that it is appropriate to do so, or

(b)may revoke it if all persons who have given an undertaking to provide a service to a standard specified in the scheme consent to the revocation of the scheme (which consent must not be unreasonably withheld);

and subsections (3) and (4) of section 120 apply to a variation or revocation under this subsection.

(8)Not later than 14 days after the date on which the scheme is made, the authority or authorities must—

(a)give notice in at least one newspaper circulating in the area to which the scheme relates, and

(b)send a copy of the scheme to [F44a traffic commissioner].

(9)The notice must state—

(a)that the scheme has been made,

(b)where a copy of the scheme may be inspected, and

[F45(c)the date or dates on which the scheme, or the different provisions of the scheme, are to come into operation.]

[F46(10)The appropriate national authority may by order vary any of the periods mentioned in subsection F47... (1B) or (2A).]

F48127AAppeals against the making of schemes for areas in EnglandE+W

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F48127BPowers of the Transport Tribunal on an appeal under section 127AE+W

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128 Postponement of scheme.E+W

(1)If it appears to the authority or authorities who made the scheme appropriate to do so, they may decide that the date on which the scheme [F49, or any particular provision of the scheme,] would otherwise come into operation [F50, or come into operation for any particular purpose or purposes,] shall be postponed by such period as they think fit (subject to any provision of regulations made under subsection (4)).

(2)Before making such a decision they must consult all operators of local services who would, in their opinion, be affected by the decision.

(3)Not later than 14 days after the date on which any such decision is made they must give notice of the decision—

(a)in at least one newspaper circulating in the area to which the scheme relates, F51...

(b)to all operators of local services who would, in their opinion, be affected by the decision [F52, and]

[F52(c)to a traffic commissioner]

(4)The appropriate national authority may by regulations make provision with respect to postponements under subsection (1).

(5)The regulations may in particular make provision—

(a)as to the maximum period of postponements, and

(b)requiring authorities to re-issue invitations to tender in accordance with section 130.

129 Effect of scheme.E+W

(1)During any period in which the scheme [F53, or (in the case of a scheme which provides for different provisions to come into operation on different dates) any provision of the scheme,] is in operation—

(a)sections 6 to 9 of the M2Transport Act 1985 (registration of local services) do not have effect in relation to [F54the area to which the scheme, or that provision, relates], and

(b)no local service shall be provided in that area (if there is a stopping place for the service in that area) unless it is provided under a quality contract [F55or is an interim service (see section 132C)].

(2)But subsection (1) does not apply [F56— ]

[F56(a)so as to prevent the application of sections 6 to 9 of the Transport Act 1985 in relation to any service by virtue or in consequence of section 6B of that Act (application for registration or variation where quality contracts scheme in force),]

[F56(b)so as to prevent the provision of any service registered under section 6 of the Transport Act 1985 by virtue of section 6B of that Act, or]

[F56(c)]in relation to services which are excluded from the scheme as a result of any provision of the scheme made in accordance with section 127(4). 

(3)Where the exclusion of a local service from the scheme is made subject to conditions as a result of such a provision, those conditions are to be treated, during any period in which the scheme is in operation, as if they were prescribed particulars registered under section 6 of the M3Transport Act 1985 of the service concerned.

[F57(4)The authority or authorities must invite tenders in accordance with section 130 not later than—

(a)three months, or

(b)such other period as the appropriate national authority may by order specify,

after the scheme has been made. ]

130 Tendering for quality contracts.E+W

(1)The authority, or the authorities acting jointly, must invite tenders for the provision of services to which the scheme[F58, or each provision of the scheme,] relates for such period and on such basis as may be specified in the invitation to tender.

(2)The period specified must not exceed [F5910] years.

(3)Subject to subsection (4), such an invitation—

(a)must be issued generally, in such manner as the authority or authorities consider appropriate for bringing it to the attention of persons who may be interested, and

(b)must also be issued individually to all persons who have given to that authority or any of those authorities a written notice indicating that they wish to receive invitations to tender for the provision of local services of a description to which the invitation relates.

(4)Such a notice must specify the address to which such an invitation is to be directed, and it shall be sufficient for the purposes of subsection (3)(b) if the authority or authorities send the invitation to the person giving such a notice at the address so specified.

(5)The authority or authorities may only accept a tender submitted by a person who is the holder of either—

(a)a PSV operator’s licence, or

(b)a community bus permit.

(6)But subsection (5)(a) does not include a licence to which a condition is attached under section 26 of the M4Transport Act 1985 (power of traffic commissioner to attach conditions to licences) prohibiting the holder from using vehicles under the licence to provide local services of all descriptions or of any description to which the invitation relates.

(7)After entering into a quality contract, the authority or authorities must give notice to [F60a traffic commissioner] of—

(a)the local services to be provided in accordance with the contract, and

(b)the duration of the contract.

(8)The appropriate national authority may by regulations make provision requiring authorities to publish prescribed information about tenders submitted to them in accordance with this section or about their reasons for entering into particular quality contracts.

131 Exceptions from section 130.E+W

(1)Section 130 does not apply in any case where it appears to the authority or authorities that action is urgently required for the purpose of—

(a)maintaining an existing service,

(b)securing the provision of a service in place of a service which has ceased to operate, or

(c)securing the provision of a service to meet any public transport requirement which has arisen unexpectedly and ought in the opinion of the authority to be met without delay.

(2)The appropriate national authority may by regulations make provision for further exceptions from section 130, including in particular with respect to—

(a)cases in which no tender, or no acceptable tender, is submitted in response to an invitation to tender issued under section 130(1) or under any provision made by virtue of subsection (5)(a), and

(b)agreements of a prescribed description.

(3)The appropriate national authority may make regulations fixing the maximum duration of a quality contract entered into under subsection (1) or under any provision made by virtue of subsection (2).

(4)The appropriate national authority may by regulations make further provision with respect to exceptions from section 130.

(5)Regulations under subsection (4) may in particular—

(a)require authorities to invite tenders for the provision of a service which is the subject of a quality contract made under subsection (1) or under any provision made by virtue of subsection (2), and

(b)require authorities to publish prescribed information (including as to their reasons for entering into particular quality contracts) or to give notices.

[F61131AContinuation of schemes for further periodsE+W

(1)If it appears to them appropriate to do so, the authority or authorities who made a quality contracts scheme (other than any to whose area the scheme no longer relates) may decide that the scheme should continue in operation for a further period, with or without modification.

(2)Before making such a decision, they must, unless the proposal that the scheme should continue is an exempt continuation proposal (see section 131B), comply with the requirements of—

(a)section 124(2)(b) (approval by Welsh Ministers) F62...

F63(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Section 125 applies in relation to the continuation of a scheme under this section as it applies in relation to the making of a scheme, but with the following modifications—

(a)any reference to a proposal to make a scheme is to be read as a reference to a proposal for the continuation of a scheme,

(b)any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation,

and with the further modifications specified in subsections (4) and (5), but this is subject to such modifications or exclusions as may be prescribed by regulations under section 133.

F64(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The consultation document that is to be published by virtue of section 125(1)(a), as applied by subsection (3), must (instead of complying with section 125(1A)) include—

(a)a description of the scheme, together with any proposed modifications to it;

(b)a statement of the opinion of the authority or authorities as to the effectiveness of the scheme in achieving the objectives set out in paragraphs (a) to (e) of section 124(1) F65... up to the date of the report;

(c)a statement of the reasons why they are satisfied that the scheme as proposed to be continued (with any proposed modifications) will meet the conditions in subsection (1) F66... of section 124;

(d)a description of any arrangements which the authority or authorities intend to make (including arrangements with other authorities or other persons) for or in connection with the continuation of the scheme;

(e)a statement of the period for which it is proposed that the scheme should continue in operation, which must not be more than a further 10 years;

(f)if the authority or authorities consider that the proposal for the scheme to continue is an exempt continuation proposal, a statement of that fact;

(g)a statement of how any costs which the authority or authorities expect to incur under the scheme are to be defrayed;

(h)a declaration by the chief finance officer or officers of the authority or authorities that, after taking into account—

(i)any estimated income from fares, and

(ii)any grants from Ministers of the Crown or government departments,

any remaining funding required to continue the scheme in operation can be provided from other resources available to the authority or authorities;

(i)the date by which any written responses to the consultation must be submitted to the authority or authorities.

(6)For the purposes of this section—

(a)subsection (1B) of section 125 (matters to be included in the description of the proposed scheme) applies for the purposes of subsection (5)(a) as it applies for the purposes of subsection (1A)(a) of that section, and

(b)subsection (1C) of that section (meaning of “chief finance officer”) applies for the purposes of subsection (5)(h) as it applies for the purposes of subsection (1A)(e) of that section.

(7)The consultation document mentioned in subsection (5) must be published and supplied in accordance with section 125(1)(a) and (b) (as applied by this section) not less than 12 months before the scheme’s expiry date.

(8)For the purposes of this section, a scheme’s “expiry date” is the later of the following dates—

(a)the end of the period specified in the scheme in accordance with section 127(2)(c),

(b)if the scheme has been continuing in operation by virtue of the previous application of this section, the end of the period for which it is so continuing in operation.

(9)The period for which a scheme continues in operation by virtue of a decision under subsection (1) may begin—

(a)on such day falling before, on, or immediately after the scheme’s expiry date as the authority or authorities decide, or

(b)if the circumstances are such that the continuation of the scheme cannot begin on a day falling within paragraph (a), on such later day as the authority or authorities decide in accordance with regulations made by the appropriate national authority for the purposes of such circumstances.

(10)If the authority or authorities publish and supply a consultation document in accordance with subsection (7), the scheme remains in operation (without any modifications proposed by them under subsection (1)) until—

(a)in a case where the scheme is to continue in operation for a further period, the day before the beginning of that period, or

(b)in any other case, the scheme’s expiry date.

(11)Section 130 (tendering) applies to a scheme that continues in operation under this section (whether or not the proposal for the scheme to continue in operation was an exempt continuation proposal) but subject to regulations made by the appropriate national authority under section 133(3).]

[F67131BMeaning of “exempt continuation proposal”E+W

(1)For the purposes of this Part a proposal that a quality contracts scheme should continue in operation is an “exempt continuation proposal” if—

(a)any one or more of Conditions 1 to 3 are met and Conditions A and B are met, or

(b)the circumstances are as prescribed in regulations made by the appropriate national authority.

(2)Condition 1 is that it is not proposed that the area to which the continuation scheme relates is to be greater than the area to which the existing scheme relates.

(3)Condition 2 is that it is proposed that the area to which the continuation scheme relates is to be greater than the area to which the existing scheme relates, but—

(a)the additional area proposed to be included falls wholly within the area or combined area of the authority or authorities proposing the continuation of the scheme, and

(b)it is not proposed that under the continuation scheme any descriptions of local services are to be provided under quality contracts in addition to the descriptions of local services so provided under the existing scheme.

(4)Condition 3 is that during the period while the existing scheme has been in force—

(a)there has been a change in the area of the authority, or of any of the authorities, that last made or continued the scheme, or

(b)a different authority has become the local transport authority for some or all of the area to which the scheme relates,

but it is not proposed that under the continuation scheme any descriptions of local services are to be provided under quality contracts in addition to the descriptions of local services so provided under the existing scheme.

(5)Condition A is that it is not proposed under the continuation scheme that any local services which, immediately before the coming into force of that scheme, were unregulated services are under the continuation scheme to be provided under quality contracts.

(6)Condition B is that it is not proposed under the continuation scheme that any services which, immediately before the coming into force of that scheme, were excluded services in the case of the existing scheme are not to be excluded services in the case of the continuation scheme.

(7)In this section—

• “the continuation scheme” means the scheme as proposed to continue in operation;

• “excluded services”, in the case of any quality contracts scheme, means any local services, or class of local services, which are excluded from the scheme by virtue of section 127(4);

• “the existing scheme” means—

  (a)

  the scheme as last continued or varied, or

  (b)

  if the scheme has not previously been continued or varied, the scheme as originally made;

• “unregulated services” means any local services provided otherwise than—

  (a)

  under a contract with one or more local transport authorities, or

  (b)

  by an authority or authorities acting under section 132C(2) (power to provide interim services in exceptional circumstances);

and any reference to the coming into force of a scheme includes a reference to the coming into force of any particular provision of it.

(8)See also section 131E (which makes provision about appeals relating to exempt continuation proposals).]

F68131CContinuation of schemes for areas in England: procedureE+W

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[F69131DContinuation of schemes for areas in Wales: procedureE+W

(1)This section has effect with respect to the continuation in operation under section 131A (or the proposed continuation in operation under that section) of a quality contracts scheme for an area in Wales (whether with or without modifications).

(2)Subsections (2) and (3) to (9) of section 127 apply in relation to the continuation of the scheme as they apply in relation to the making of a scheme, but with the modifications in subsection (4).

(3)Unless the proposal for the continuation of the scheme—

(a)is an exempt continuation proposal, or

(b)in a case where the authority or authorities have decided that the scheme should continue, was such a proposal,

subsections (1)(b) and (1B) of section 127 also apply in relation to the continuation of the scheme, and with the modifications in subsection (4).

(4)The modifications are—

(a)any reference to proposing to make a scheme is to be read as a reference to proposing the continuation of a scheme,

(b)any reference to making a scheme is to be read as a reference to deciding that a scheme should continue in operation,

(c)any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation,

(d)the references in section 127(2)(b) and (9)(c) to the date or dates on which the scheme is, or provisions of the scheme are, to come into operation are to be read as references to the day decided by the authority or authorities by virtue of section 131A(9),

but further or different modifications, or exclusions, may also be made by regulations under section 133(3)(b).

(5)Subsection (6) applies in any case where—

(a)an authority or authorities propose that a quality contracts scheme for an area in Wales should continue in operation (with or without modification) under section 131A, and

(b)the proposal is not an exempt continuation proposal.

(6)In any such case, section 126 (approval by Welsh Ministers of proposed schemes for areas in Wales) applies in relation to a proposal for the continuation of a scheme as it applies in relation to a proposal to make a scheme, but with the modifications set out in subsection (7).

(7)The modifications are—

(a)any reference to a proposed scheme is to be read as a reference to a proposal for a scheme to continue in operation under section 131A;

(b)the reference in section 126(2)(a) to wishing to make a scheme is to be read as a reference to wishing that a scheme should continue in operation;

(c)any reference to any conditions set out in any paragraphs of section 124(1) being met is to be read as a reference to those conditions being met by the scheme as proposed to continue in operation (with any proposed modifications);

(d)any reference to section 125 or any provision of that section is to be read as a reference to that section or provision as it has effect by virtue of section 131A.

(8)If, acting on the basis that the proposal for the continuation of the scheme is an exempt continuation proposal, the authority or authorities decide that the scheme is to continue, they must—

(a)publish in such manner as they think fit, and within the time allowed, a notice announcing their decision on the proposal,

(b)supply a copy of that notice to each of the persons mentioned in section 125(3) as it applies by virtue of section 131A, and

(c)give notice of the decision in accordance with section 127(8) and (9).

(9)For the purposes of subsection (8)(a), the time allowed is the period of 6 months following the date of publication of the consultation document required by section 125(1)(a) as it applies by virtue of section 131A.]

[F70131EAppeals where proposed continuation considered exemptE+W

(1)This section applies where an authority or authorities who propose that a quality contracts scheme should continue in operation (with or without modifications) under section 131A—

(a)decide that the proposal is an exempt continuation proposal, and

(b)acting on the basis of that decision, decide that the scheme should so continue in operation.

(2)Any person falling within subsection (3) may appeal to the [F71Upper] Tribunal against—

(a)the decision of the authority or authorities that the proposal is an exempt continuation proposal, or

(b)the decision of the authority or authorities that the scheme is to continue in operation (with or without any modifications).

(3)The persons are—

(a)any person who was consulted under section 125(3) (as it applies by virtue of section 131A in a case where the proposal is an exempt proposal),

(b)any person who was not so consulted, but who, in the opinion of the [F72Upper] Tribunal, ought to have been so consulted.

(4)An appeal under this section may be—

(a)on a point of law, or

(b)on a question of fact.

(5)On an appeal under this section the [F73Upper] Tribunal shall have power—

(a)to make such order as they think fit, or

(b)to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct.

(6)The powers of the Tribunal on an appeal under this section include power to do any one or more of the following—

(a)dismiss the appeal in whole or in part,

(b)remit the matter to the authority or authorities with one or more directions under subsection (7),

(c)direct the authority or authorities to vary the scheme, as it continues or is to continue in operation, in such manner as the Tribunal may specify in the direction (but see subsection (8)),

(d)quash the whole or any part of the decision of the authority or authorities (but see subsection (9)).

(7)A direction under this subsection is a direction for the authority or authorities to do each of the following—

(a)consider or reconsider such matters as may be specified in the direction,

(b)as respects those matters, consult or further consult the persons mentioned in section 125(3) as it applies by virtue of section 131A in a case where the proposal is an exempt continuation proposal,

(c)make such variations of the scheme, as it continues or is to continue in operation, as may in consequence appear appropriate to the authority or authorities.

(8)The Tribunal may give a direction under this section to vary a scheme by reducing the area to which it relates only if they are of the opinion that the conditions in section 132(3) are met.

(9)The power of the Tribunal under this section to quash a decision of an authority or authorities that a scheme should continue in operation under section 131A is exercisable only if the Tribunal are of the opinion that there are defects in the scheme which are not capable of being remedied by varying the scheme under or by virtue of subsection (6)(b) or (c).

(10)If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the proposal for the scheme to continue in operation was not an exempt continuation proposal—

(a)they must allow the appeal to that extent,

(b)they must remit the matter to the authority or authorities, with or without directions, and

(c)subsections (11) to (14) have effect.

(11)The directions that the Tribunal may give under this section include—

(a)directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposal for continuation under section 131A is not an exempt continuation proposal,

(b)directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a) or (b) of subsection (1) of section 131B (meaning of “exempt continuation proposal”) is met in the case of the scheme,

(c)directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken.

(12)Where the Tribunal give directions falling within subsection (11), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order.

(13)F74... the Tribunal may not make any order which has the effect of—

(a)giving approval under section 126 as it applies by virtue of section 131D, or

(b)dispensing with the need for any such approval,

but this is without prejudice to the temporary provision that may be made in directions falling within subsection (11)(c).

(14)The appropriate national authority may make regulations with respect to the procedure to be followed in relation to a scheme in cases where the Tribunal decide that the proposal for continuation under section 131A was not an exempt continuation proposal.]

F75131FAppeals where proposed continuation considered non-exemptE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

132 Variation or revocation of scheme.E+W

(1)The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may vary it by—

(a)increasing the area to which it relates (to no greater than the whole of their area or combined area) or adding to the description of local services which are to be provided under quality contracts,

(b)reducing that area or reducing the description of services, or

(c)providing for new exclusions from the scheme or for the variation or revocation of existing exclusions.

(2)The scheme may not be varied under subsection (1)(a) unless the conditions set out in [F76[F77subsection (1)(a) to (e)] of section 124 F78... ] are met with respect to the scheme as varied.

(3)The scheme may not be varied under subsection (1)(b) unless [F79the relevant conditions] —

(a)are no longer met with respect to it, but

(b)are met with respect to the scheme as varied.

(4)The authority or authorities who made the scheme (other than any to whose area the scheme no longer relates) may revoke the scheme—

(a)if [F80the relevant conditions] are no longer met with respect to it,

[F81(aa)if they consider that those conditions would no longer be met with respect to it if they were to act in accordance with a direction given by the [F82Upper] Tribunal under this Part, or]

(b)if they and one or more other authorities make a quality contracts scheme covering the whole or part of the area to which it relates.

[F83(4A)In subsections (3) and (4) “the relevant conditions” means—

(a)in the case of a scheme made under section 124(1) and not subsequently [F84continued in operation under section 131A or] varied under subsection (1)(a) of this section, the conditions set out in section [F85124(1)(a) to (e)];

F86(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the case of a scheme that has been [F87continued in operation under section 131A or] varied under subsection (1)(a) of this section, the conditions by reference to which it was last so [F88continued in operation or] varied.]

[F89(5)The variation or revocation of a scheme under subsection (1) or (4) is subject to the provisions of—

F90(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)subsection (9) (areas in Wales),

except to the extent that section 132B (exemption for specific variations directed by [F91Upper] Tribunal on appeal) otherwise provides.]

F92(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F89(9)The variation or revocation of a scheme for an area in Wales—

(a)requires the approval of the Welsh Ministers, except in the case of a variation which is an exempt variation, and

(b)is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified or excluded by regulations made by the Welsh Ministers under section 133.]

[F89(10)Section 130 (tendering) applies to a varied scheme (whether or not the variation is an exempt variation) but subject to regulations made by the appropriate national authority under section 133(3).]

[F89(11)A variation of a scheme is an exempt variation for the purposes of this section if the variation is—

(a)a reduction in the area to which the scheme relates,

(b)a reduction in the descriptions of services which are to be provided under quality contracts, or

(c)the provision of new exclusions from the scheme,

and a “non-exempt variation” is any other variation of a scheme.]

[F93(12)]The appropriate national authority may by regulations provide that in prescribed circumstances quality contracts schemes may be revoked by that authority before coming into operation.

[F94132AAppeals where proposed variation considered exemptE+W

(1)This section applies where an authority or authorities who propose to vary a quality contracts scheme under section 132—

(a)decide that the proposal is an exempt variation for the purposes of that section, and

(b)acting on the basis of that decision, decide to vary the scheme under that section.

(2)Any person falling within subsection (3) may appeal to the [F95Upper] Tribunal against—

(a)the decision of the authority or authorities that the variation is an exempt variation for the purposes of section 132, or

(b)the decision of the authority or authorities as to the variation of the scheme under that section.

(3)The persons are—

(a)any person who was consulted under section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),

(b)any person who was not so consulted, but who, in the opinion of the [F96Upper] Tribunal, ought to have been so consulted.

(4)An appeal under this section may be—

(a)on a point of law, or

(b)on a question of fact.

(5)On an appeal under this section the [F97Upper] Tribunal shall have power—

(a)to make such order as they think fit, or

(b)to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct.

(6)The powers of the Tribunal on an appeal under this section include power to do any one or more of the following—

(a)dismiss the appeal in whole or in part,

(b)remit the matter to the authority or authorities with one or more directions under subsection (7),

(c)direct the authority or authorities to vary the scheme, to the extent of the variation made by the authority or authorities, in such manner as the Tribunal may specify in the direction (but see subsection (8)),

(d)quash the whole or any part of the decision of the authority or authorities.

(7)A direction under this subsection is a direction for the authority or authorities to do each of the following—

(a)consider or reconsider such matters as may be specified in the direction,

(b)as respects those matters, consult or further consult the persons mentioned in section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),

(c)make such variations of the scheme as may in consequence appear appropriate to the authority or authorities.

(8)The Tribunal may give a direction under this section to vary a scheme by reducing the area to which the scheme relates only if they are of the opinion that the conditions in section 132(3) are met.

(9)If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the variation was not an exempt variation for the purposes of section 132—

(a)they must allow the appeal to that extent,

(b)they must remit the matter to the authority or authorities, with or without directions, and

(c)subsections (10) to (13) have effect.

(10)The directions that the Tribunal may give under this section include—

(a)directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposed variation under section 132 is not an exempt variation,

(b)directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a), (b) or (c) of section 132(11) (meaning of “exempt variation”) is met in the case of the variation,

(c)directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken.

(11)Where the Tribunal give directions falling within subsection (10), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order.

(12)F98... the Tribunal may not make any order which has the effect of—

(a)giving approval under section 126 as it applies by virtue of section 132, or

(b)dispensing with the need for any such approval,

but this is without prejudice to the temporary provision that may be made in directions falling within subsection (10)(c).

(13)The appropriate national authority may make regulations with respect to the procedure to be followed in cases where the Tribunal decide that the variation or proposed variation was not an exempt variation for the purposes of section 132.]

[F99132BExemption from s.132 for specific variations directed by TribunalE+W

(1)This section applies in relation to any of the following appeals—

F100(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an appeal under section 131E(2)(a) against a decision that a proposal was an exempt continuation proposal,

(c)an appeal under section 131E(2)(b) against a decision that a scheme should continue in operation,

(d)an appeal under section 131F(2) against a decision that a scheme should continue in operation,

(e)an appeal by virtue of section 132 against a decision to vary a scheme,

(f)an appeal under section 132A(2)(a) against a decision that a variation was an exempt variation for the purposes of section 132,

(g)an appeal under section 132A(2)(b) against a decision as to the variation of a scheme under section 132.

(2)Where—

(a)any such appeal is made to the [F101Upper] Tribunal, and

(b)on that appeal, the Tribunal direct the authority or authorities to vary the scheme in the manner specified by the Tribunal in the direction,

nothing in section 132(5) to (9) (procedure for variation of scheme) applies in relation to the varying of the scheme in the manner specified in the direction, unless the Tribunal otherwise direct.

(3)Subsection (2) is without prejudice to any right of appeal against the decision of the [F102Upper] Tribunal.]

[F103132CPower of authorities to provide services in exceptional circumstancesE+W

(1)This section applies where a person who has agreed to provide a service (“the old service”) in accordance with a quality contract ceases to do so before the end of the period for which the contract was intended to have effect.

(2)The authority, or any one of the authorities, who entered into the quality contract may, in accordance with subsections (4) to (8) and section 132D, provide a local service (an “interim service”) in place of the old service or any part of it.

(3)Subsection (2) has effect notwithstanding any prohibition, restriction or limitation contained in any other enactment on the power of the authority to provide local services.

(4)An authority who provide an interim service of any description must hold a PSV operator’s licence to which no condition is attached under section 26 of the Transport Act 1985 (power of traffic commissioner to attach conditions to licence) prohibiting the authority from using vehicles under the licence to provide services of that description.

(5)Subsection (6) applies if—

(a)an authority provide an interim service in place of an old service or any part of an old service, and

(b)the authority or authorities who entered into the quality contract for the provision of the old service propose to enter into a quality contract for the provision of a replacement service in place of that service or (as the case may be) that part.

(6)The authority, or the authorities acting jointly, must invite tenders (in accordance with section 130) for the provision of the replacement service—

(a)as soon as reasonably practicable after the authority providing the interim service begin to do so, and

(b)in any event no later than three months after the date on which provision of the old service ceased.

(7)But subsection (6) does not apply if the authority, or the authorities acting jointly, decide to secure the provision of the replacement service under section 131 (circumstances in which quality contracts may be entered into without inviting tenders).

(8)The particulars of an interim service, or of a replacement service, need not be identical to the particulars of the old service, or that part of the old service, which it replaces.

(9)In this section—

• “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);

• “interim service” has the meaning given by subsection (2);

• “the old service” has the meaning given by subsection (1);

• “replacement service” means a local service provided under a quality contract in place of an old service or any part of an old service.]

[F103132DPeriod for which interim service may be providedE+W

(1)This section applies for the purpose of determining the period for which an authority may provide an interim service which is provided in place of—

(a)an old service (“the relevant service”), or

(b)part of an old service (“the relevant part”).

(2)If the authority do not, within the period of three months beginning with the date on which provision of the relevant service ceased,—

(a)enter into a quality contract to provide a replacement service in place of the relevant service or (as the case may be) the relevant part, or

(b)issue an invitation to tender in pursuance of section 132C(6),

the authority must not provide the interim service after the end of that period.

(3)If the authority enter into a quality contract to provide such a replacement service within the period mentioned in subsection (2), the authority must not provide the interim service after the earlier of the following dates—

(a)the date on which the replacement service is first provided;

(b)the date falling nine months after the date on which the interim service is first provided.

(4)If the authority issue invitations to tender in pursuance of section 132C(6) within the period mentioned in subsection (2) (but do not enter into a quality contract to provide such a replacement service within that period), the authority must not provide the interim service after the earlier of the following dates—

(a)the date on which a replacement service is first provided in place of the relevant service or (as the case may be) the relevant part;

(b)the date determined in accordance with subsection (5).

(5)The date is the later of—

(a)the date falling nine months after the date on which the interim service is first provided;

(b)such date, not later than three months after the date mentioned in paragraph (a), as may be determined by [F104a traffic commissioner] on the application of the authority.

(6)[F105A traffic commissioner] may determine a date under subsection (5)(b) only if satisfied that there is a realistic prospect that, if the determination is made, a replacement service will be provided in place of the relevant service or (as the case may be) the relevant part on or before that date.

[F106(7)Any application to a traffic commissioner under paragraph (b) of subsection (5) must be made at least one month before the date mentioned in paragraph (a) of that subsection.]

(8)The authority must not make more than one application under subsection (5)(b) in respect of any interim service.

(9)In this section—

• “interim service” and “replacement service” have the meaning given in section 132C;

• “the relevant service” and “the relevant part” have the meaning given in subsection (1);

and, in any case where the authority entered into the quality contract for the provision of the relevant service jointly with one or more other authorities, references in this section to the authority entering into a quality contract for a replacement service, or issuing invitations to tender for such contracts, are references to those authorities acting jointly.]

133 Regulations about schemes.E+W

(1)The appropriate national authority may by regulations make further provision with respect to—

(a)the procedure to be followed when making, [F107continuing,] varying or revoking quality contracts schemes,

(b)the approval of schemes F108...,

F109(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F109(bc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the local services or classes of local services which are to be, or may be, excluded from schemes,

(d)the conditions which must be, or may be, attached to such exclusions, and

(e)such other incidental matters in connection with quality contracts schemes as the appropriate national authority thinks fit.

(2)The regulations may in particular make provision with respect to—

(a)giving notice of proposed schemes or proposed [F110continuations,] variations or revocation of schemes,

(b)objections to such proposals,

(c)the holding of inquiries or hearings into objections,

(d)modifications of such proposals,

(e)the form and manner of applications for approval of such proposals F111...,

[F112(ee)the procedure for determining such applications,

F113(ef). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113(eg). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113(eh). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113(ei). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(f)the form of schemes [F114, continuations] or variations, and

(g)giving notice of schemes which have been made or of the [F115continuation,] variation or revocation of schemes.

[F116(3)The appropriate national authority may also make regulations modifying or excluding the application of provisions of this Part, so far as relating to quality contracts schemes, in cases where a local transport authority, or two or more local transport authorities acting jointly, do any of the following—

F117(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)propose or decide that a scheme should continue in operation (with or without modification) under section 131A,

(c)propose or decide to vary or revoke a scheme under section 132.

(4)Regulations made by virtue of subsection (3) must not exclude any requirement for the authority or authorities—

(a)under section 126, to obtain the approval of the Welsh Ministers,]

F118(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

134 Transitional provision about schemes.E+W

(1)The appropriate national authority may by regulations make such transitional provision as it considers appropriate in connection with—

(a)the coming into operation of quality contracts schemes [F119or of provisions of such schemes],

(b)the [F120continuation in operation or] variation of such schemes, and

(c)the ending of such schemes (whether or not as a result of their revocation).

(2)The regulations may in particular provide that in prescribed circumstances—

(a)any provision of sections 6 to 9 of the M5Transport Act 1985 (registration of local services)[F121, or of sections 89 to 92 of that Act (obligation to invite tenders etc),] which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or

(b)any such provision which would not otherwise have effect is to have effect or is to have effect with such modifications as may be prescribed,

in relation to the whole or any part of the area to which the scheme relates.

[F122(3)Any regulations made by virtue of paragraph (a) of subsection (1) are not to have effect in the case of any quality contracts scheme as respects any time before the making of the scheme.]

[F123134AGuidance about schemesE+W

(1)The appropriate national authority may issue guidance concerning the performance by local transport authorities of their functions under this Part in relation to quality contracts schemes.

(2)Those authorities must have regard to any such guidance.]

[F124134BQuality contracts: application of TUPEE+W

(1)Subsection (3) applies to a situation in which—

(a)on the coming into force of a quality contract, local services cease to be provided by a person (the “former operator”) in the area to which the relevant quality contracts scheme, or (in the case of a scheme which provides for different provisions to come into operation on different dates) the relevant provision of the scheme, relates, in accordance with section 129(1)(b), and

(b)at the same time, a person (the “new operator”) begins to provide local services in that area under that quality contract.

(2)Subsection (3) also applies to a situation in which—

(a)local services which, on the coming into force of a quality contract, a person (the “former operator”) would be required by virtue of section 129(1)(b) to cease providing in the area mentioned in subsection (1)(a) of this section, cease to be provided by the former operator before the coming into force of that quality contract, and

(b)at the same time, a person (the “new operator”) begins to provide local services in that area under an agreement which the authority or authorities who made the relevant quality contracts scheme entered into by reason of the cessation of the local services referred to in paragraph (a).

(3)Any situation to which this subsection applies is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) (whether or not TUPE would apply apart from this subsection).

(4)For the purposes of TUPE, the organised grouping of employees that is subject to the relevant transfer consists of those employees of the former operator whose employment is principally connected with the provision of the local services referred to in subsection (1)(a) or (as the case may be) the local services referred to in subsection (2)(a).

(5)Any situation which by virtue of this section is treated as a relevant transfer for the purposes of TUPE is also to be treated as a relevant transfer within the meaning of TUPE for the purposes of sections 257 and 258 of the Pensions Act 2004 and any regulations made under section 258 of that Act.

(6)The Secretary of State may make regulations supplementing the provision made by this section.

(7)The provision that may be made by regulations under subsection (6) includes—

(a)provision for determining, for the purposes of subsection (4), whether a person's employment is principally connected with the provision of any particular local services (including provision for or in connection with the appointment of a person to make such determination);

(b)provision for determining, in the case of any particular organised grouping of employees, the particular new operator who is to be the transferee for the purposes of TUPE (including provision for or in connection with the appointment of a person to make such determination);

(c)provision requiring any person operating local services in the area to which a quality contracts scheme relates to provide the authority or authorities who made the scheme with such information as may be prescribed, at such time as may be prescribed, about such of that person's employees as would fall within subsection (4) if the person ceased to provide those services in the circumstances described in subsection (1)(a);

(d)provision requiring the authority or authorities who made a quality contracts scheme to provide all persons operating local services in the area to which the scheme relates with such information as may be prescribed, at such time as may be prescribed, so as to enable such persons to comply with any requirement imposed by virtue of paragraph (c) of this subsection;

(e)provision requiring the authority or authorities who made a quality contracts scheme to ensure that any quality contract entered into with a person under the scheme, or any other agreement made with a person for the provision of local services in the area to which the scheme relates, is made on terms—

(i)that require the person, in the event of there being any transferring employees, to secure pension protection for every transferring employee, or every transferring employee of a prescribed description, who as an employee of the former operator had rights to acquire pension benefits, and

(ii)that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee.

(8)For the purposes of this section—

(a)“transferring employee” means an employee of a former operator whose contract of employment becomes, either by virtue of TUPE or by virtue of this section, a contract of employment with a new operator;

(b)“pension protection” is secured for a transferring employee if after the change of employer referred to in paragraph (a)—

(i)the employee has, as an employee of the new operator, rights to acquire pension benefits, and

(ii)those rights are of such description as is prescribed by regulations.

(9)The Secretary of State must exercise the power conferred by this section to make regulations containing provision falling within subsection (7)(e) so as to ensure—

(a)that pension protection is required to be secured for every transferring original employee who, as an employee of the original operator, had rights to acquire pension benefits, and

(b)that the rights to acquire pension benefits which a transferring original employee has as an employee of the new operator by virtue of paragraph (a) are rights which—

(i)are the same as the rights the transferring original employee had as an employee of the original operator, or

(ii)under provision made by regulations, count as being broadly comparable to, or better than, those rights.

(10)For the purposes of subsection (9)—

• “transferring original employee” means a transferring employee—

  (a)

  who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant quality contracts scheme relates, and

  (b)

  whose contract of employment—

  (i)

  was, from that date until the change of employer referred to in subsection (8)(a), a contract of employment with the original operator, or

  (ii)

  on each occasion when the employee was subject to a relevant transfer became, either by virtue of TUPE or by virtue of this section, a contract of employment with a person providing local services in the area referred to in paragraph (a);

• “relevant date”, in relation to a quality contracts scheme, means—

  (a)

  the date on which the scheme was made, or

  (b)

  where—

  (i)

  the local services being provided by the original operator were not subject to the scheme when it was made, and

  (ii)

  as a result of either the variation of the scheme, or the continuation of the scheme with modifications, those services became subject to the scheme,

  the date on which that variation, or (as the case may be) the decision to continue the scheme with those modifications, was made;

• “relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE.

(11)A person is guilty of an offence under this subsection if—

(a)the person provides information in accordance with a requirement imposed by virtue of subsection (7)(c),

(b)the information is false or misleading in a material particular, and

(c)the person knows that it is or is reckless as to whether it is.

(12)A person who is guilty of an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.]