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Bus Services Bill [HL] - Report (2nd Day) (Continued)

Part of the debate – in the House of Lords at 6:00 pm on 24th October 2016.

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Moved by Lord Ahmad of Wimbledon

101: After Clause 16, insert the following new Clause—“Information for bus passengers(1) After section 181 of the Equality Act 2010 insert—“CHAPTER 2ABUS SERVICES181A Information for bus passengers(1) The Secretary of State may, for the purpose of facilitating travel by disabled persons, make regulations requiring operators of local services to make available information about a local service to persons travelling on the service.(2) The regulations may make provision about—(a) the descriptions of information that are to be made available;(b) how information is to be made available.(3) The regulations may, in particular, require an operator of a local service to make available information of a prescribed description about—(a) the name or other designation of the local service;(b) the direction of travel;(c) stopping places;(d) diversions;(e) connecting local services.(4) The regulations may, in particular—(a) specify when information of a prescribed description is to be made available;(b) specify how information of a prescribed description is to be made available, including requiring information to be both announced and displayed;(c) specify standards for the provision of information, including standards based on an announcement being audible or a display being visible to a person of a prescribed description in a prescribed location; (d) specify forms of communication that are not to be regarded as satisfying a requirement to make information available.(5) Regulations under this section may make different provision—(a) as respects different descriptions of vehicle;(b) as respects the same description of vehicle in different circumstances.(6) Before making regulations under this section, the Secretary of State must consult—(a) the Welsh Ministers;(b) the Scottish Ministers.181B Exemptions etc(1) The Secretary of State may by regulations make provision for securing that the provisions of regulations under section 181A do not apply or apply subject to such modifications or exceptions as the regulations may specify to—(a) public service vehicles of a prescribed description;(b) operators of a prescribed description;(c) local services of a prescribed description.(2) Regulations under subsection (1)(b) may, in particular, make provision by reference to an operator’s size.(3) Regulations under this section may also make provision for securing that the provisions of regulations under section 181A do not apply or apply subject to such modifications or exceptions as the regulations may specify to—(a) a prescribed public service vehicle;(b) public service vehicles of a prescribed operator;(c) a prescribed local service.(4) Regulations under subsection (1) or (3) may make the provision subject to such restrictions and conditions as are specified in the regulations.(5) Regulations under subsection (1) or (3) may specify the period for which provisions of those regulations are to have effect.(6) Regulations under subsection (1) may make different provision for different areas.(7) Section 207(2) does not require regulations under this section that apply only to—(a) a prescribed public service vehicle,(b) public service vehicles of a prescribed operator, or(c) a prescribed local service,to be made by statutory instrument; but such regulations are as capable of being amended or revoked as regulations made by statutory instrument.(8) Before making regulations under this section, the Secretary of State must consult—(a) the Welsh Ministers;(b) the Scottish Ministers.181C Guidance(1) The Secretary of State must issue guidance about the duties imposed on operators of local services by regulations under section 181A.(2) The Secretary of State—(a) must review the guidance issued under subsection (1), at intervals not exceeding five years, and(b) may revise it.(3) Before issuing the guidance or revising it in a way which would, in the opinion of the Secretary of State, result in a substantial change to it, the Secretary of State must consult— (a) the Welsh Ministers,(b) the Scottish Ministers,(c) the Passengers’ Council,(d) such organisations representing disabled persons, including the Disabled Persons Transport Advisory Committee and the committee established under section 72 of the Transport (Scotland) Act 2001, as the Secretary of State thinks fit,(e) such organisations representing operators of local services as the Secretary of State thinks fit, and(f) such other persons as the Secretary of State thinks fit.(4) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate.181D Interpretation(1) In this Chapter—“local service” has the same meaning as in the Transport Act 1985;“public service vehicle” means a vehicle that is a public service vehicle for the purposes of the Public Passenger Vehicles Act 1981;“stopping place” has the same meaning as in the Transport Act 1985.(2) For the purposes of this Chapter, a local service (“service A”) is a connecting local service in relation to another local service (“service B”) if service A has a stopping place at, or in the vicinity of, a stopping place of service B.(3) References in this Chapter to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the Transport Act 1985.”(2) In section 207 of that Act (exercise of power to make orders and regulations), in subsection (5), after “174(4)” insert “, 181A(5), 181B(6)”.(3) In section 208 of that Act (procedure for orders and regulations), in subsection (5) (statutory instruments subject to affirmative procedure), after paragraph (f) insert—“(fa) regulations under section 181A or 181B (information for bus passengers);”.(4) In section 26 of the Transport Act 1985 (conditions attached to PSV operators’ licence), in subsection (1), after paragraph (bb) insert—“(bc) the operator has failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010;”.(5) In section 155 of the Transport Act 2000 (sanctions), after subsection (1ZD) (inserted by Schedule 4), insert—“(1ZE) Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse, failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).”(6) In section 39 of the Transport (Scotland) Act 2001 (penalties), in subsection (1)—(a) omit the “or” following paragraph (b);(b) after paragraph (c) insert “; or(d) failed to comply with a requirement of regulations made under section 181A of the Equality Act 2010,”.”

Amendment 101 agreed.

Clause 17: Power to require provision of information about English bus services