
2024 No. 248
Transport
The Public Service Vehicles (Registration of Local Services) (Bus Services Improvement Partnerships Service Standards Decisions) (Appeals) (Scotland) Regulations 2024
Made 18th September 2024
Laid before the Scottish Parliament 20th September 2024
Coming into force 2nd December 2024

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 6M of the Transport Act 1985 and all other powers enabling them to do so.

In accordance with section 61(2) of the Public Passenger Vehicles Act 1981, they have consulted with such representative organisations as they think fit.
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Bus Services Improvement Partnerships Service Standards Decisions) (Appeals) (Scotland) Regulations 2024 and come into force on 2 December 2024.
(2) In these Regulations—
 “local transport authority” has the meaning given in section 82(1) of the Transport (Scotland) Act 2001,
 “service standards decision” means a determination of the traffic commissioner specified in section 6M of the Transport Act 1985, and
 “traffic commissioner” means the person appointed from time to time to be the commissioner for the Scottish Traffic Area under section 4 of the Public Passenger Vehicles Act 1981.
Appeals to the Upper Tribunal for Scotland
2 

(1) An appeal against a service standards decision may be made to the Upper Tribunal for Scotland by—
(a) a person who is, or would be, the operator of the service to which the service standards decision relates,
(b) a local transport authority who made the bus services improvement partnership scheme under section 3B of the Transport (Scotland) Act 2001 to which the service standards decision relates.
(2) Where a scheme mentioned in paragraph (1)(b) is made by two or more local transport authorities acting jointly, those authorities may jointly appeal against a service standards decision.
Powers of the Upper Tribunal for Scotland
3 

(1) On an appeal against a service standards decision, the Upper Tribunal for Scotland may—
(a) dismiss the appeal, or
(b) allow the appeal and quash the decision.
(2) If the Upper Tribunal for Scotland quashes the service standards decision, it must—
(a) reconsider the matter itself and may make a determination of the type described in section 6M of the Transport Act 1985, or
(b) remit the matter to the traffic commissioner to decide whether to make a new service standards decision.
(3) The Upper Tribunal for Scotland may make such other order on an appeal against a service standards decision as it considers appropriate.
(4) When considering an appeal against a service standards decision, including any reconsideration of the matter under paragraph (2)(a), the Upper Tribunal for Scotland may not take into consideration any circumstances which did not exist at the time of the service standards decision which is the subject of the appeal.
JIM FAIRLIE
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
18th September 2024