Bus Franchising Consultations under Transport (Scotland) Act 2019: FOI release

Information requested

You asked for the following information regarding bus franchising provisions in the Transport (Scotland) Act 2019:

1. Copies of all consultation documents, minutes, or correspondence related to bus franchising frameworks between the Scottish Government, Regional Transport Partnerships (e.g., Strathclyde Partnership for Transport),Transport Scotland, public transport campaign groups ( e.g. Get Glasgow Going, Better Buses Campaign, We Own It and similar organizations ), CPT and bus operators (e.g., McGill’s, Stagecoach, First Bus) from January 1, 2016 to April 25, 2025.

1. Records of meetings, including dates, attendees, and agendas, between Scottish Government officials or Ministers and bus operator representatives (including McGill’s, Stagecoach, First Bus, or their parent companies), as well as discussing bus franchising since January 1, 2016.

2. Any assessments or reports on the impact of bus franchising on small and medium-sized enterprises (SMEs), including measures to mitigate adverse effects on smaller operators.

3. Details of the independent panel process for approving franchising frameworks, including panel composition, criteria, and any operator objections received.

4. Correspondence or complaints from bus operators alleging that franchising violates property rights, human rights (e.g., ECHR Article 1 of Protocol 1), or constitutes unlawful deprivation of business interests.

Response

Bus Franchising Frameworks

Some of the information you have requested is available from the relevant websites (listed below). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

• Local Bus Services in Scotland – Improving the Framework for Delivery (2017) - Local Bus Services in Scotland – Improving the Framework for Delivery - Scottish Government consultations - Citizen Space
• Implementing the bus provisions of the Transport (Scotland) Act 2019 (2021) - Implementing the bus provisions of the Transport (Scotland) Act 2019 - Scottish Government consultations - Citizen Space

1. Glasgow City Council - MaaS study in Strathclyde & Glasgow - final reports

2. SPT Systra reports

3. SPT - Bus scoping study final report

4. Nestrans and North East Bus Alliance - Executive Summary

5. Nestrans and North East Bus Alliance - Technical Report

6. Glasgow City Council - Strategic Plan 2017 to 2022

7. SPT - Environmental Report

I have also enclosed below an extract from an ATCO Working Group Meeting held on 6 February 2025

Bus Regulatory Policy Team (Transport Scotland) and ATCO Working Group Meeting 6 February 2025 – 15:00 – 16.30

• TS was asked about the planned transitional regulations, asking how this compares to legislation on franchising in England, and whether or not the regulations would impact on franchising frameworks.
• TS explained that in England the process is slightly different, but the extended registration period is the same as ours. TS noted that the transitional regulations in England also addressed the use of service permits which are not applicable in Scotland. TS advised that delay in laying the planned regulations would not prevent LTAs from developing their franchising frameworks, or bringing them into operation. However LTAs should be aware that without the legislation, the standard registration periods set out in the 2001 regulations would apply during the transition into or out of a franchise.

Discussing bus franchising since January 1, 2016

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. The timeframe for the search (since January 1, 2016) and subject - bus franchising - resulted in an extremely large volume of documents that required sorting through to identify those relevant to this request. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. You may wish to narrow the timeframe for the search while also being more specific about the subject matter search terms. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

Assessments or reports on the impact of bus franchising

Some of the information you have requested is available from the relevant websites (listed below). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Impact assessments:

• impact-assessment-partial-bria-june-2021-bus-services-consultation.pdf
• BRIA - Partial - August 2018 - Bus - Transport Bill | Transport Scotland
• Transport Scotland Bill Financial Memorandum
• Transport (Scotland) Bill Supplementary Financial Memorandum

Explanatory Memorandum - The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023

I have also enclosed a copy of the Justice Impact Test form for the Transport (Scotland) Act 2019 Consequential Provisions and Modifications) Order 2023.

Panel process for approving franchising frameworks

All of the information you have requested about the panel process is available from the relevant website (listed below). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

The Public Service Vehicles (Registration of Local Services) (Local Services Franchises Transitional Provisions) (Scotland) Regulations 2025.

Correspondence or complaints from bus operators

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500463346 - Information Released - Annex

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