Decision Maker: GM Mayor
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
1. As part of the Greater Manchester
Franchising Scheme for Buses 2021, a service permit scheme must be
introduced in order to allow services to operate within the
franchised area that will not form part of the franchised
2. The Transport Act 2000 (the “Act”) and the Franchising Schemes (Service Permits) (England) Regulations 2018 (the “Regulations”) provide for a set process to be carried out by a franchising authority implementing a service permit scheme and where it wishes to impose conditions on granted service permits.
3. Following the completion of the two consultations required as part of this process set out in the Act and the Regulations, this decision allows for the further required steps under the legislation to be carried out, which shall allow TfGM to begin accepting applications for service permits from operators, and attaching conditions to service permits, in time for the beginning of the franchising scheme in Greater Manchester.
1. Note the contents of the report dated 19th May 2023 titled ‘The Greater Manchester Franchising Scheme for Buses 2021 - Service Permit Scheme’ (‘the Mayoral Report’).
2. Note that TfGM has, as required by Regulation 3 of the Franchising Schemes (Service Permits) (England) Regulations 2018 (the “Regulations”) on the proposed service permit process:
a. published a consultation document which satisfies the requirements set out in regulation 4 (1) of the Regulations; and
b. consulted relevant persons on the contents of the consultation document in accordance with regulation 3(2)(b) of the Regulations.
3. Note the contents of the ‘Service Permit Consultation Report’ (Appendix 1 of the Mayoral report) and agree the recommendations regarding the service permit process.
4. Approve the publication of the Mayoral Report and appendices (including the Service Permit Consultation Report) as the response to the consultation pursuant to regulation 3(2)(c) of the Regulations.
5. Note and agree the contents of the proposed Service Permit Policy Statement appended to the Mayoral report (Appendix 2) and approve the publication of it pursuant to Regulation 3(2)(d) of the Regulations following the publication of the response to the consultation detailed above.
6. Note that, in relation to the separate consultation on the proposed conditions and description of conditions to be attached to service permits required by s.123R of the Transport Act 2000 (the ‘Act’), TfGM has consulted all relevant operators and any other relevant persons on the proposed conditions/descriptions of conditions to be attached to service permits pursuant to s123R(5) of the Act.
7. Note and agree the outcome of, and the proposed responses to, the service permit condition consultation as set out in section 7 of the Service Permit Consultation Report (Appendix 1 of the Mayoral report) and approve the publication of the same.
8. Note and agree the contents of the Notice of Conditions/Description of Conditions (Appendix 3 of the Mayoral report) and approve the publication of the said notice pursuant to section 123R(1) of the Act.
9. Delegate authority to TfGM to carry out all functions from and including section 123P through to and including section 123S of the Act to allow TfGM to operate the administration of the service permit scheme and conditions regime as set out in the Mayoral report.
The publication of the consultation report,
the Service Permit Policy Statement and the Service Permit
Conditions notice are all steps that must be taken in accordance
with the Act and the Regulations accordingly before TfGM can begin
accepting applications for service permits from operators and
attaching conditions to them. Taking these steps will ensure that
operators of other services which do not form of the network of
services operated under local service contracts are able to apply
for a permit to operate their service and also will allow the
attachment of conditions to any permits that are granted, where
Publication date: 24/05/2023
Date of decision: 24/05/2023
Effective from: 01/06/2023