Executive summary

This BRIA is supplemental to the partial BRIA which was published on 14 July 2021 alongside the public consultation entitled “Implementing Part 3 (Bus Services) of the Transport (Scotland) Act 2019”, which considered all the powers related to local bus services available to local transport authorities in the Transport (Scotland) Act 2019 (“the 2019 Act”). This BRIA does not revisit our assessment of the costs connected to those powers. This BRIA only assesses the specific provisions in the Local Services Franchises (Traffic Commissioner Notices and Panels) (Scotland) Regulations 2024 and will also consider any potential impacts these regulations would have on the Traffic Commissioner for Scotland and its business.

This document is written subject to the best available information at the time, based on evidence gathered from engagement with relevant stakeholders.

This BRIA is structured into the following sections:

Section 1

Provides background to the legislation and gives a brief explanation of the regulations. In particular, it considers the role of the franchising panel(s) and the intended effect of these regulations. This section also considers the two options available to the Scottish Ministers: do nothing or proceed with laying these regulations, noting that franchising is an important tool for local transport authorities to improve bus services in their areas. Finally, it also considers the impact of the regulations on the Traffic Commissioner for Scotland as the franchising provisions in the 2019 Act place new duties on the Traffic Commissioner for Scotland, which include the issuing of notices in relation to the proposed making, variation or revocation of a franchising framework, the appointment and reimbursement of panel members, as well as the administration necessary to convene and operate the panels.

Section 2

Provides details of the engagement undertaken within government, with the public and with businesses which has informed this BRIA. It takes account of the direct engagement that took place with the Traffic Commissioner for Scotland about the panel process when it was first introduced under the Transport (Scotland) Bill in 2017, and the subsequent engagement undertaken since 2021, alongside the analysis of the feedback received to our public consultation on the implementation of the bus powers published on 14 July 2021.

Section 3

Provides an assessment of the two options and their cost and benefits, noting the financial impact to the Traffic Commissioner. The assessment also recognises the positive benefits to the bus industry if operators win contracts to run services in a franchised area, and the potential for innovation in service provision. Bringing franchising into full effect delivers an established policy to improve Scotland’s bus network and help arrest the decline in patronage. While franchising as a whole may impact on consumers, these regulations have no impact under the Consumer (Scotland) Act 2020, and we do not consider it necessary to carry out a consumers duty impact assessment (see the screening document in Annex A).

Section 4

Highlights there are no regulatory impacts and that the regulations do not conflict with the Scottish Government’s policy on EU alignment.

Section 5

Recommends proceeding with option 2, noting that the implementation of these regulations would assist in bringing the franchising provisions into full effect. While there are no specific plans to review the impact of these regulations, which are scheduled to come into force on 1 November 2024, we will keep the whole franchising process under review.

Section 6

Contains the declaration and publication statement.