17.This Part sets out the core duties and other functions of the Welsh Ministers relating to local bus services.
18.Section 5(1)(a) requires the Welsh Ministers to, first, determine the local bus services required for the purpose of the provision of safe, integrated, sustainable, efficient and economic transport in Wales.
19.The Welsh Ministers must then prepare (in consultation with a range of stakeholders), publish, and lay before Senedd Cymru a Welsh Bus Network Plan (“the Plan”) under which they will be required to set out the key particulars of those local bus services which have been identified as required for the purposes described above (section 5(1)(b), (2) and (3)).
20.The Welsh Ministers must then, if reasonably practicable to do so, secure those local bus services (section 5(1)(c)). The diagram below sets out the ways in which the Welsh Ministers may satisfy the duty to secure. Essentially the Welsh Ministers can secure a service by franchising it (i.e. by entering into a local bus service contract in respect of it), by permitting it, by directly providing it, or by relying on the provision of certain other services (section 5(5)). Or they can secure it by using any combination of these methods (section 5(5)).
21.It may be that a long distance service (for instance, a bus from Cardiff to London) contains an element that would meet the definition of a “local bus service”. If so, that part of the long distance service can be relied upon by the Welsh Ministers (despite not having to be considered for the purpose of determining which services are required under section 5(1)(a)) in order to comply with their duty to secure a local bus service that is set out in the Welsh Bus Network Plan (“the Plan”), if that is an appropriate way forward. (It is expected that in practice the short distance element of a long distance service, as in this example, is likely to be the subject of a local bus service permit, rather than a contract.)
22.Section 6 makes provision in respect of the process for preparing, publishing and laying the Plan. The Welsh Ministers will be required to prepare a draft of the Plan. In doing so, they will be required to have regard to certain documents and to the functions (i.e. the powers and duties) of local authorities under the Learner Travel (Wales) Measure 2008. They must also seek the views of each local authority in Wales when preparing the draft Plan. Having prepared the draft Plan, they will need to consult with specified stakeholders on the draft Plan prior to its publication as the Welsh Bus Network Plan (“the Plan”). The Welsh Ministers will need to lay the Plan before Senedd Cymru as soon as reasonably practicable after publication.
23.Sections 7 and 8 make provision in respect of the process for review and revision of the Plan. The Welsh Ministers will be required to keep the Plan under review and revise the Plan to ensure it continues to set out the routes and principal stopping places of standard local bus services and the geographical areas, and any fixed routes or stopping places, of flexible local bus services. (Though this is subject to an exception: the Plan need not be revised if the Welsh Ministers consider that the revision would relate to a change that will not remain in effect for more than 14 days. An example might be a 5 day traffic detour reflecting roadworks, that affect the route of a bus.) When considering whether to revise the Plan and the nature of any revision, the Welsh Ministers must have regard to certain documents and the functions (i.e. the powers and duties) of local authorities under the Learner Travel (Wales) Measure 2008. Before making a revision, they will need to seek the views of affected local authorities, prepare a revised draft Plan and consult with specified stakeholders on the revised draft Plan, unless the conditions in section 8(1)(a) or (b) are met. As soon as reasonably practicable after making a revision, the Welsh Ministers must publish the revised Plan. In addition, where the Plan is revised, the Welsh Ministers must lay a copy of the Plan before Senedd Cymru, with a statement setting out the differences between it and the copy of the Plan that was most recently laid before Senedd Cymru. This will need to be done within a 13-month period following the date on which the Plan was last laid. So, for example, if a revised copy of the Plan is laid before Senedd Cymru on 1 July 2029, and revisions are made to it in January 2030, March 2030, and June 2030, a revised copy of the Plan incorporating the revisions will need to be laid by the end of July 2030 at the latest.
24.Section 9 imposes a duty on a local authority when its views are sought on a proposed revision to the Plan under section 8(3). A local authority must, in giving its views, have regard to the needs of individuals in its area who it considers use, or are likely to use, local bus services affected by the proposed revision, including in particular their needs relating to the accessibility of local bus services. A local authority must also consider whether, in order to meet this duty to have regard to local peoples’ needs, consultation with people in its area is needed.
25.The diagram below sets out further detail regarding the process for preparing, publishing, laying and reviewing the Plan.
Commentary on Sections Part 2 – Functions of the Welsh Ministers relating to local bus services