EXPLANATORY NOTE

(This note is not part of the Regulations)

These regulations make provision about the registration and the variation or cancellation of registrations of services during the transition of a local bus market into, and out of, a franchising framework made by a local transport authority under the Transport (Scotland) Act 2001 (“the 2001 Act”). They make provision about registrations, and variations and cancellations of registrations when a franchising framework has been made but before sections 6 to 9 of the Transport Act 1985 (“the 1985 Act”) cease to have effect in relation to services included in the franchising framework. They also make provision which enables services which could not otherwise be registered to be registered, varied or cancelled, and provide that the relevant notice period in relation to such services expires when a service is no longer included in the franchising framework.

Regulation 2 provides that when an application is made to vary or cancel a registration during the transitional period between the making of a franchising framework and its coming into operation in respect of a service included in it, the period that must expire before the variation or cancellation of that service is effective is 112 days after the traffic commissioner accepts the application.

Regulation 3 provides that the traffic commissioner must not, on or after the date on which a franchising framework comes into operation in respect of a service (other than an exempt service), accept an application to register, vary or cancel that service where that application was received during the transitional period in respect of that service.

Regulation 4 provides that certain provisions of the 1985 Act which would not have effect during the operation of a franchising framework nevertheless have effect in order to facilitate the registration, variation and cancellation of services when a franchising scheme is in operation.

Regulation 5 provides that where an application for registration of a service is received during the operation of a franchising framework and that service subsequently ceases to be included in a franchising framework, the notice period in relation to that registration for the purposes of section 6(2)(b) of the 1985 Act begins when the traffic commissioner receives the application and ends on the date on which the service ceases to be included in the framework. Regulation 6 makes similar provision in relation to applications to vary or cancel a service.

Regulation 7 amends the Public Service Vehicles (Registration of Local Services) (Scotland) Regulations 2001 to ensure that where regulation 2 of these Regulations apply the relevant regulations in those Regulations do not apply.