Annex A

Title of the programme/proposal’s decision

The Local Services Franchises (Traffic Commissioner Notices and Panels) (Scotland) Regulations 2024

Programme/proposal/ decision implementation date

1 November 2024

Directorate/Division/Service/Team

Bus Regulatory and Funding Policy Unit

Responsible officer for taking decision

Sharon Wood, Bus Policy Manager

Who else participated in taking the decision

Bridget Bryden, Bus Regulatory Policy Team Leader

Was the decision taken by a partnership?

No.

Rationale for decision

These regulations relate to the approval process within the bus franchising model inserted into the Transport (Scotland) Act 2001 (“the 2001 Act”) by the Transport (Scotland) Act 2019. The regulations focus on the make-up and functions of the panel(s) that are to be convened by the Traffic Commissioner to consider whether to approve local transport authorities’ franchising proposals. While franchising as a whole will have a positive impact on consumers, these regulations do not have an impact on the consumer duty under the Consumer (Scotland) Act 2020 (“the 2020 Act”).

Local transport authorities are not considered to be consumers under the definition in the 2020 Act. They are the bodies responsible for determining which of the bus powers under the 2001 Act to use in improving local services and, if franchising is chosen, they are responsible for preparing the franchising framework and assessment to introduce the franchise.

Furthermore, these regulations do not amend the overall Scottish Government’s legislative approach to net zero. The socio-economic impacts of the Scottish Government’s transport policy are to provide local transport authorities with the tools necessary to revitalise local bus networks in their areas and ensure that everyone has accessible public transport regardless of where they live in Scotland.

Declaration

I confirm that the decision not to perform a consumer duty assessment has been authorised by:

Name and job title

Bridget Bryden, Bus Regulatory Policy Team Leader

Date

8 August 2024