Member

28: After Clause 12, insert the following new Clause— “Variation of schemesAfter section 138K of the Transport Act 2000 insert—“138KA Variation where scheme includes provision under section 138E(1) A variation of an enhanced partnership scheme may not be made under section 138K in a case to which subsection (2) of this section applies unless—(a) the Secretary of State has directed the authority or authorities concerned to make the variation, or(b) the variation is one that the authority or authorities are required to make bysection 12(4)(b) of the Bus Services (No. 2) Act 2025.(2) This subsection applies to any case specified in the scheme as one in which the scheme may be varied in accordance with the scheme (see section 138E).(3) The Secretary of State may give a direction under this section only if, on an application made by the authority or authorities, the Secretary of State is satisfied that—(a) the variation cannot be made in accordance with the scheme because of unreasonable or obstructive behaviour by one or more operators of local services, or (b) persons using local services in the area to which the scheme as varied will relate will benefit from the variation of the scheme.(4) A direction under this section does not affect the application of the other requirements that must be met before the scheme can be varied under section 138K.””Member’s explanatory statement This amendment provides that where an enhanced partnership scheme can be varied in accordance with the scheme, a variation can be made under section 138K only where the Secretary of State is satisfied that operators have behaved unreasonably or obstructively or that the variation or revocation will benefit users of local services.