Bus enhanced partnerships

Question 1

Introduction

Accepted Answer

What is an enhanced partnership?

An enhanced partnership (EP) is an agreement between a local transport authority and the majority of their local bus operators to work together to improve local bus services. It includes:

a clear vision of the improvements that the EP is aiming for - known as an EP plan
accompanying actions to achieve them - set out in one of more EP schemes

The differences between an EP plan and EP scheme are set out in the first section of this guidance.

All authorities and operators who are part of an EP should have regard to this statutory guidance.

This statutory guidance is issued under section 138R(1) of the Transport Act 2000 (as updated by the Transport Act 2017). This guidance must be taken into account by authorities when carrying out their functions. This guidance is not a substitute for following the statutory requirements in sections 138A-138S of the 2000 Act (and regulations made under those sections), or for obtaining independent legal advice where necessary.

EPs were established in the Bus Services Act 2017 (the 2017 Act). The purpose of the 2017 Act was to give LTAs more control over bus services in their areas and set the legal basis for developing, consulting on, making, varying and revoking EP schemes.

Since 2022, government funding for bus service improvement plans (BSIPs) and the Local Authority Bus Grant have required LTAs to either have an EP in place or commit to franchising. An EP requires LTAs and local bus operators to work together to deliver improvements to bus services in their area.

Context of new guidance

The Department for Transport has published the government’s vision for buses and approach to delivery. This document explains government policy on buses, including:

the government’s vision for bus services that are comprehensive, convenient, reliable, safe, quick, inclusive, affordable and environmentally friendly
how the government is empowering, expecting and funding local leaders to deliver better bus services as part of that vision

The government expects every LTA that is not following the statutory franchising process to have an enhanced partnership which contributes to achieving its vision for bus services. In developing and delivering EPs, LTAs should aim to ensure that bus services in their area are attractive to, accessible to, and well-used by as many people as possible in the community, and that the needs and priorities of bus passengers (both existing and potential) are front and centre, when delivering a service.

Enhanced partnership review

As part of the government’s plans to improve bus services, the Department for Transport conducted a review into the effectiveness of EPs, with the aim of identifying areas where EPs can be improved and strengthened to deliver a high standard of bus services across the country. The Review of enhanced partnerships was published on 29 January 2026.

The findings of the review reflected that EPs are largely effective and that bus stakeholders generally view them positively, however there are some EPs that are not currently delivering, and support is needed to bring those EPs up to a consistent standard. The review has made a series of recommendations for improvement that the Department for Transport is currently taking forward. One of these recommendations is to publish an update to existing EP guidance, to ensure it is user-friendly and provide necessary clarity to LTAs and operators.

What this guidance covers

This guidance updates and replaces previous EP guidance.

It covers the following aspects of an EP:

content - what content needs to go into an EP
processes - the processes that should be followed to make, vary, enforce or revoke an EP
governance - how a successful EP may be organised

It is complemented by a new enhanced partnerships manual, which provides practical advice, examples of good practice and template wording to help draft high quality EP plans and schemes. The manual builds on a previously published version that outlined the responsibilities of EP officers.

The Bus Services Act 2025

Phase 1 of the EP review identified legislative options for the Bus Services Act 2025 (the 2025 Act), which reached Royal Assent on 27 October 2025.

LTAs and bus operators should ensure they familiarise themselves with this new legislation.

The 2025 act amends the Transport Act 2000 (the 2000 Act) by way of the Bus Services Act 2017.

References to all 3 acts are present in this guidance.

The 2025 Act has introduced new legislation that strengthens and improves EPs. The measures relating to EPs in the new legislation include:

a provision to improve the transparency around how socially necessary local bus services are managed by making it an obligation for LTAs to identify such services, and specify a process to consider alternative arrangements in the event of such services being withdrawn or varied
a requirement for LTAs to consult with organisations representing disabled people when making an EP Scheme, and require LTAs to consider how the needs of disabled people can be addressed when drawing up an EP scheme
a new process that gives EPs the power to include legal measures relating to operator financial reinvestment - this will ensure a greater return on public investment from measures like bus priority infrastructure, through the reinvestment of operational savings that go back into the local bus market
a new ability that gives EPs more flexibility by broadening the scope of legal measures that can be included to ensure they can cover the full EP area, rather than being limited by route
a new provision that speeds up the process of making or varying an EP, by changing the operator objection mechanism - rather than waiting up to 28 days for the objection period to lapse, LTAs will be able to move to the next stage in the EP process in instances where all operators have indicated in writing that they have no objections
the ability to enable the Secretary of State to direct the use of the statutory EP variation mechanism if the bespoke mechanism is not resolving disputes between the LTA and operator(s)
a new requirement to better facilitate information sharing by requiring LTAs to give advance notice to operators before issuing a request for information

LTAs will also be required to produce and keep under review a network accessibility plan, setting out provisions to assist passengers with disabilities to travel independently, safely and comfortably on local services and describing the actions the authority intends to take to further enable this.

This guidance will support stakeholders in their understanding of these new legislative requirements, as well as their implementation.

Bus service improvement plans

A bus service improvement plan (BSIP) document is a public document published on a LTA’s website that clearly sets out the LTA and its partners’ vision, plan and proposals for improving bus services and growing bus patronage in their local area. The BSIP sits under an overarching local transport plan (LTP) and adds useful detail to it.

LTAs should ensure they are compliant with local transport plan guidance.

The first part of this guidance sets out the relationship between BSIPs and EP plans in detail and clarifies the circumstances under which they can in practice be the same document.

LTAs transitioning to franchising

Since December 2024, bus franchising powers have been available to all local transport authorities (LTAs) in England. A number of areas with EPs are currently exploring transitioning to franchising schemes. Until the point at which an EP is formally revoked, an EP is still in place, and this guidance will continue to apply. Statutory guidance and EP specific legislation will need to be complied with, where reasonably practical, until a full transition to a franchising scheme is complete.

For LTAs with EPs that are currently in the process of franchising, or are interested in franchising, they should refer to:

Alongside these, LTAs who may be considering franchising are encouraged to consult the new CPT handbook Models for delivery of local bus networks and accompanying Toolkit for Local Transport Authorities.

Question 2

Enhanced partnership plans

Accepted Answer

What is an enhanced partnership plan?

An enhanced partnership (EP) consists of an EP plan and an EP scheme or schemes. The EP plan is a high-level strategic document that should set out the overall strategy and objectives for improving the bus services in a specific EP area. It should provide a framework for how LTAs and operators within the EP will work together as well as outlining the long-term vision for the EP.

This varies from an EP scheme as the scheme goes into the detail of practical measures that will be undertaken under the broader plan.

Aims of ‘the government’s vision for buses and approach to delivery’.

The aim of the government’s vision for buses and approach to delivery is that more people will take the bus because:

they provide the connections they need – particularly to get to work, school or college, to access healthcare, to get to the shops and to opportunities for recreation
services are more reliable, and they trust that their bus will turn up on time and that buses are available when they are needed
they are, and feel, safe – especially women and girls – throughout their journey
services are faster – particularly in towns and cities
buses are better integrated into the wider transport system and it’s easy to make a journey using different transport modes
they have accurate, accessible and easy to understand information when and where they need it, including when services are disrupted
disabled people feel that bus services, including information, roadside infrastructure, vehicles and on-board assistance are more accessible, and enable them to travel independently and in safety and reasonable comfort
tickets are affordable, including for younger people, in both urban and rural areas
it is an increasingly climate and environmentally friendly choice

These all should be considerations when putting together an EP plan or scheme.

You can read more detail about these points in the government’s vision for buses and approach to delivery.

The relationship between an EP plan and BSIP

To date, the BSIP and EP plan have both performed a similar function by setting out the overarching framework and vision for bus services in an LTA, and a plan for delivering that vision. The EP plan is a statutory document, and specific processes must be followed to make one.

A BSIP is not a statutory document, however, the maintenance of an up-to-date BSIP is currently a condition of DfT bus funding.

All LTAs in receipt of DfT bus funding, including those which have introduced or are pursuing franchising, are required to produce and publish a BSIP.

For LTAs with an EP, an EP plan can from 2026/7 serve as the up-to-date BSIP for the purposes of meeting DfT funding conditions, so long as it meets the requirements set out in BSIP guidance, as well as those set out in this EP guidance. This offers the opportunity to reduce the burden of having to produce two separate documents, though LTAs may continue to have separate BSIP and EP documents if they so choose.

An EP plan which does not meet the requirements of BSIP guidance will not be considered eligible to serve as the BSIP. LTAs should continue to consult existing DfT BSIP guidance when developing their EP vision, goals and objectives for improving bus services. Updated BSIP guidance will be issued in due course.

EP plan content

An EP plan and at least one scheme should cover the entire geographical area of an LTA. The exception to this may be where an EP is operating alongside a franchise, as an EP and a franchise may not cover the same geographical area.

What is an EP scheme?

An EP scheme is a detailed document that sets out the actions that will be taken by both operators and local authorities to deliver the EP plan. Each plan must have one scheme but can have more.

Further EP schemes can be added at any time.

Additional EP scheme requirements can be added later using a bespoke variation mechanism.

An EP scheme sets out requirements that all in scope local bus services must follow and actions to be taken by the local authorities to deliver the policies and objectives set out in the EP plan. These elements must be formally agreed by both LTAs and operators.

Once made, the EP scheme becomes a legally binding document.

Geographical scope

At a minimum, an LTA needs to be covered by at least one EP scheme. Multiple schemes can apply in an area as appropriate, so long as the entirety of an LTA is covered by at least one EP scheme.

An EP plan can support multiple schemes that may differ in geography and content, and these can be introduced at different times with varying durations. A scheme can cover the entire area of the EP plan or just a portion of it. For example, a specific plan area might include:

one scheme for ticketing requirements across the entire area
another scheme focused on route requirements for a busy corridor
a third scheme for branding and marketing requirements for all local services in one town or city, excluding other areas in the LTA

Additionally, an EP scheme can have different implementation dates for its various elements.

Which services are in scope

The requirements included in an EP scheme will apply to all local bus services unless the scheme excludes a particular category of local bus service or if it defines a particular category of local service that has specific requirements.

An EP is only intended to cover bus services that are registered as ‘local bus services’ with the traffic commissioner and used by local people. Demand responsive transport (DRT) and community transport (CT) would be in scope of this requirement where they are registered as local bus services with the Traffic Commissioner and operated under a public service vehicle operator’s licence, but LTAs may consider exemptions from some requirements.

For instance, EPs may consider exempting long-distance coach services that are registered as local bus services due to their boarding or alighting arrangements at the beginning or end of their routes, or to exempt flexible bus services operated under an operator’s licence from requirements that would be challenging or disproportionate for them to implement.

Enhanced partnership scheme requirements cannot be placed on flexible bus services that are operating under a section 22 permit.

LTAs should exempt rail replacement services from all requirements of an EP scheme unless there is a clear reason not to do so.

For practical reasons, EP schemes may also wish to consider exempting cross-boundary services that only briefly enter the EP area for some or all requirements, such as those where livery standards apply.

How to present an EP scheme

Under sections 138A and 138H of the Transport Act 2000, an EP scheme must state:

the area to which it relates
the requirements imposed on local bus services under it
whether the operation of the scheme is to be reviewed and, if so, how and by which dates
the date on which it is to come into operation
the period for which it is to remain in operation

The Transport Act 2000 also states that the EP scheme must:

specify the ‘facilities’ (if any) that are to be provided by the LTA (and the date from which they are to be provided if it is not the date when the EP scheme comes into operation)
specify the ‘measures’ (if any) that are to be taken by the LTA (and the date from which they are to be provided if it is not the date when the EP scheme comes into operation)
include provision (if any) about its variation or revocation (including any dates on which they come into force or cease to apply)

Under section 138C (9A) of the Transport Act 2000 (as inserted by Section 14 of the Bus Services Act 2025 ), the EP scheme must now also specify the process that applies in the event that a socially necessary local service is proposed for withdrawal or substantial alteration.

Read more about socially necessary local services.

EP schemes must now include commitments on a new set of minimum standards.

This is a condition of future government bus funding.

A template for an EP scheme can be found in the EP Manual.

Facilities

Facilities refer to physical assets or modifications made at specific locations within the EP scheme area. Examples include:

improvements and upgrades to bus stations and interchanges
bus priority or other measures to improve journey times and/or punctuality - for example, bus lanes, priority at junctions, enforced clearways, traffic signal priority, targeted actions to address small causes of delay
clear and consistent signage for traffic and bus users
changes to parking provisions or vehicle loading arrangements
improved bus stop locations and access routes
enhanced waiting environments for passenger safety
upgraded hardware for real-time information at bus stops
depot improvements

However, authorities cannot include pre-existing facilities or measures that they are already legally obligated to provide.

LTAs should document existing infrastructure, such as bus priority measures. This includes:

bus lanes - which may have extended hours of operation under the EP scheme, when beneficial
bus gates
traffic signals that give buses priority at certain junctions

Measures

Measures refers to non-physical assets that can also be included within an EP plan or BSIP. The definition of what can be contained within a measure is broad, to enable LTAs and operators the flexibility to agree what LTA commitments to include as ‘measures’ to deliver BSIP outcomes.

Section 138D(2)(a) of the Transport Act 2000 (as inserted by Section 15 of the Bus Services Act 2025) has broadened the scope of the definition of ‘measures’ to increase flexibility around what ‘measures’ an LTA can include in the EP scheme.

As the ability for the LTA to introduce ‘measures’ is flexible, it enables the delivery of a wide range of BSIP outcomes. Examples include:

increasing service levels and frequencies on key corridors or for socially necessary local services
ensuring operators have early real time information on street works or implementing a lane rental scheme
using new grant powers to fund services, for example on a per mile basis for particular types of service
providing fare offers and initiatives
contributing to bus priority (for example, through changes to parking provision, enforcement of traffic offences, or restricting the frequency of roadworks on key corridors)
marketing and publicity of bus services - for example branding of buses or specific marketing at bus stops
standards met by vehicles used on local services
enforcement activity against illegal parking
wider transport policies including amended parking supply, permitted durations and/or charges

If an authority includes any facilities or measures in an EP scheme, they have a legal obligation to:

provide facilities and implement measures by the specified dates in the EP scheme
maintain these facilities and measures throughout the scheme’s duration, or until a scheme is varied to remove the obligation to do so

The only exception to this rule is if an EP scheme is formally postponed.

Read more about the facilities and measures that may be included in an EP scheme

Role of highway and other authorities

As part of the negotiations between the LTA and local bus operators, the LTA or other authorities may decide to offer ‘facilities’ or ‘measures’ that would involve the making or varying of a traffic regulation order (TRO). TROs are made under the Road Traffic Regulation Act 1984 and are legal instruments made by a local traffic authority to regulate how roads are used.

It is important that the LTA ensures that any other relevant authority is in full agreement before offering any facilities or measures that require action by them.

These orders can be used to make both permanent changes and temporary changes, such as preventing certain types of traffic from using particular roads on a permanent basis or installing a bus lane. An order can only be made by the relevant traffic authority with the powers to do so on the stretch of road in question. This may be a different authority to the LTA.

For any measure or facility that requires action from a highway or other authority to be included in an EP scheme, that authority must be a formal participant in the scheme.

The English Devolution and Community Empowerment Bill introduces plans to standardise a mayoral power of direction on roads on the key route network. Once an EP Scheme is created, a mayor could use it to require a bus improvement on certain roads that may involve a TRO (i.e. directing the highway authority to deliver a scheme). This could also be used to deliver measures which improve bus journey times. The mayoral power of direction does not apply to the agreement of an EP itself.

It is important for the LTA to ensure that the relevant highway authority fully participates in the development of new facilities, is fully supportive of them and ensures that they are incorporated within their work programmes.

Requirements on operators under the EP scheme

Once an enhanced partnership is made all operators of in-scope local services must comply with the requirements of that EP scheme.

Operators must actively collaborate with LTAs during the development and implementation of an EP scheme.

The relevant legislation is at section 138A of the Transport Act 2000 (as inserted by section 9 of the 2017 Act)section 9 of the 2017 Act).

Operators, along with LTAs, should ensure they refer to the standards and requirements agreed to in the scheme.

An EP scheme can impose a range of requirements on operators such as:

ensuring a strong network identity
providing accurate real time information
limiting timetable changes
promoting services to particular passenger groups
monitoring performance in relation to the scheme and findings to LTAs

Ultimately within an EP, it remains a commercial decision for individual operators to decide what services they offer, though they should consider the views of LTAs and the public when making decisions around services.

Question 4

Socially necessary local services

Accepted Answer

The new socially necessary local services (SNLS) measure as set out in the Bus Services Act 2025 directly amends section138A of the Transport Act 2000 as well as referencing section 6 of the Transport Act 1985, by way of section138C of the Transport Act 2000.

Under section 138A of the Transport Act 2000, new text has been inserted to amend the existing legislation. This states that local authorities will now need to include a list of socially necessary local services for their areas as part of their enhanced partnership plan. It also explains that the list will need to be reviewed from time to time and it also provides a definition for what constitutes a socially necessary local service.

Section 138C of the Transport Act 2000 has also been amended to state that an enhanced partnership scheme must set out the requirements that need to be followed should a service on the socially necessary local services list be considered for cancellation or any significant variation. Should this occur, the local authority and the operator would be obligated to come together to consider any alternative courses of action that could mitigate any negative outcome. In effect, the parties would need to ensure that all the practical possibilities have been explored to maintain the socially necessary bus service for the community.

The EP Manual provides practical advice on implementation as well as worked examples.

This part of the guidance:

gives a brief introduction to socially necessary local services
outlines the actions that are expected of LTAs and operators
gives a brief overview of how to establish and maintain the list of socially necessary services

It also, addresses how mitigations can be applied as part of the consideration process, and what happens in the event of a new operator taking over a service.

The socially necessary local services measure

The overall purpose of this measure is to ensure that potentially detrimental changes to crucial bus services for passengers and communities are not made without proper consideration of alternative options. In doing so, it is intended to provide greater transparency to passengers regarding changes in the provision of most bus services, with the purpose of giving passengers a better understanding of how decisions regarding their bus services are made and the processes the LTA and operator have undertaken to reach. This work can also show how certain negative outcomes have been avoided.

This measure will come into force on 1 April 2026. LTAs will have one year from this date to comply with the legislation. This means all EPs must update their EP plans to reflect this new measure by 31 March 2027.

Local transport authority requirements under the measure

In the simplest terms LTAs and bus operators will need to identify the bus services that they consider to be socially necessary and to include a list of them as part of their EP plan.

This broadly refers to the types of services that provide access to essential goods and services, economic opportunities, and social activities. The importance, impact, and function of a service within the community should be interpreted according to individual circumstances, as not all situations are the same.

Given the scope of this work, while it is necessary for LTAs and bus operators to work collaboratively, it would be appropriate for the enhanced partnership board (EP board) to oversee the maintenance, review and agreement of the list.

LTAs should engage regularly with bus operators about the viability and usage of services on the SNLS list. The EP scheme should include a requirement on operators to inform the LTA if there are indications that the viability of operating a current service on the SNLS list may change sufficiently within the next 12 months to make a substantial variation of cancellation likely.

In such circumstances the operator and LTA should work together to consider potential mitigations other than (additional) LTA funding for the service that could be considered were that situation to arise. This will facilitate the effective operation of the SNLS elements of the EP scheme.

If a listed bus service is subsequently considered for any permanent substantial variation or cancellation, the LTA and existing bus operator must work together to look at the alternative solutions or mitigations that may be implemented to retain it.

This should not be the first-time mitigations, other than LTA funding, have been considered. Potential mitigations to avoid reaching this stage should have been considered prior to being either implemented or rejected. The governance for this process must be set out in the EP scheme.

Within the context of this guidance, a substantial variation can broadly be considered as a negative change, which would permanently increase a passenger’s normal bus journey by a minimum of one hour, though individual EPs may decide to vary this threshold, depending on the needs of their area. An example would be the differences between a rural service and an urban service, where fewer alternative options may exist for the former, which would in turn justify a different but valid outcome.

Another example could be the time of day when the service is provided. A bus service which previously operated until 6pm, which is subsequently adjusted to complete its service at 5pm, would pose significant inconvenience for passengers finishing work. Similarly, starting the first bus of the day at a later time in the morning may impact on the work or education opportunities for some passengers.

Events such as temporary road or construction work, which could cause passenger journeys to be extended, would not apply as they are considered short-term and have agreed dates of completion.

The SNLS measure is not a mandate on LTAs to provide unfunded services. Neither is it a process for establishing new bus services, or for re-establishing services that have previously been withdrawn. The purpose of this process is to ensure that early action is taken to avoid decisions which may result in the significant variation or withdrawal of an essential bus service. If this is still the outcome after working through the procedure, it must be shown that proportionate consideration has been given and that best endeavours have been applied before reaching this decision.

While the SNLS measure is defined in legislation, the process for evaluating and establishing a service as being socially necessary is not. This means that LTAs and operators can adapt and use the current processes they have in place for the planning and provision of services, which can save time by drawing on pre-existing resources and data. It also means that LTAs and operators can apply their knowledge and contextual understanding of local needs to arrive at a more nuanced outcome. A detailed example of how services can possibly be evaluated, based upon a weighted score card process, is also set out in the EP manual.

The SNLS measure ensures that as a minimum, an established process has been followed prior to the implementation of any decision. However, LTAs and operators should be able to show the process they have undertaken to reach their final decisions in all cases.

The SNLS measure applies to registered local bus services to which an EP scheme applies. It does not cover services such as rail replacement services, tourist and leisure services, and dedicated registered school services that only carry children who are not entitled to alternative means of transport under national or local policy and so are not registered local services.

In addition to standard bus services, some LTAs may also provide demand responsive transport (DRT) services. The SNLS measure may apply to a DRT service in the form of a flexible bus service, depending on how it is operated.

A DRT flexible bus service can be operated under either a section 22 of the Transport Act 1985 community transport permit, or under a Public Service Vehicle Operator’s licence (PSV-O licence), set out in the Public Passenger Vehicles Act 1981).

Section138C (II) of the Transport Act 2000 states that enhanced partnership conditions cannot be imposed upon vehicles that operate under a permit granted by way of section 22 of the Transport Act 1985. Therefore, flexible bus services operating under a section 22 permit would not be included as part of an EP scheme.

Section138A (5) of the Transport Act 2000 sets out that an EP scheme is specific to the area to which it relates and imposes requirements in relation to local services that have one or more stopping places in that area. PSV-O operated flexible bus services are local services and therefore this section applies to them. Consequently, EP requirements can be imposed on PSV-O operated flexible bus services. A flexible bus service is defined within The Public Service Vehicles (Registration of Local Services) (Amendment) (England and Wales) Regulations 2004.

The list of socially necessary services must be included as part of the EP plan. In addition to this, an LTA may also decide to publish its list of socially necessary services on a relevant website. However, it cannot choose to only publish its list digitally as this would not comply with the conditions established under section138A of the Transport Act 2000.

As the SNLS measure is set out in primary legislation, its outcomes are subject to the same legal scrutiny that would apply to any decision made by a public body.

Establishing and maintaining the list of socially necessary local services

While the 2025 Act does not specify a particular methodology for the implementation of the SNLS measure, the process that needs to be undertaken and implemented by LTAs can broadly be broken down into several main steps. These are:

the gathering of data to support decision-making – this can be drawn from previous data LTAs have collected from earlier planning processes for existing services
reviewing and evaluating the results from the data
drawing up the list of services and including it as part of the EP plan
varying the EP scheme to include the process that will be followed in the event that any service on the list is withdrawn or substantially varied
regularly reviewing the list of services
implementing changes to the list following a decision to substantially vary or withdraw a specific service

This process applies to existing EP plans as well as any new ones that are drawn up.

As a public authority, all LTAs must comply with the Public Sector Equality Duty (PSED). LTAs should therefore complete an equality impact assessment of their decision-making when establishing their list of SNLS services.

Gathering data to support decision-making

LTAs and operators will already have experience in planning supported services that meet the individual needs of their communities. In developing the list of socially necessary services, LTAs should draw upon the pre-existing processes and sources of data that have already been used for the planning and prioritisation of services. In situations where there may be cross-border services with neighbouring LTAs, there should be a discussion on how this is managed beforehand, or it should default to the LTA that manages most of the route.

The EP Manual includes example methodology for identifying potential socially necessary local services using a weighted scorecard approach. This may be helpful to LTAs who do not have an existing process to identify a clear methodology or interpretation. While other methodologies are available, LTAs should be able to clearly explain to the public, how and why they have chosen the particular methodology they have adopted.

Reviewing and evaluating the results of the data

The next step is the review and assessment of the gathered data to determine the inclusion of bus services in the list of socially necessary services. This is a role that naturally sits with the EP board.

The views of passengers are vital. It is important that decisions are made transparently for the benefit of all passengers or potential passengers, not just those with the most prominent views. LTAs should take care to ensure there is a balanced representation of passenger voices.

As LTAs and bus operators are best placed to understand the needs of their community, they are best placed to develop, manage, and maintain the list of socially necessary bus services. While LTAs are expected to lead on this work, bus operators are also expected to support and provide input into the process.

In developing the list, LTAs should consider key factors such as:

services to key places of employment such as business parks, manufacturing or factory facilities
services to places of education which could be considered as essential
services to facilities providing primary and secondary healthcare, such as hospitals and GP practices, which could be considered as essential
services to essential retail services, such as supermarkets
services to centres that provide culture, sport, and leisure facilities

They should also consider:

the existence of other public transport options within the larger transport network such as light or heavy rail
alternative or additional services provided through DRT or Community Transport
alternative bus services that may use the same or a different route to reach the same destination
alternative bus routes which require additional interchanges to reach the same destination

Further factors for consideration when considering available alternative transport methods should include:

accessibility for wheelchair users
frequency of service
additional journey time
cost of travel to the passenger

There is no minimum or maximum for the number of services that should be included in the list. However, LTAs should be able to qualify the decisions they have made and be content they have met their legal obligations.

Drawing up the list and including it as part of the EP plan

Once the LTA and the operator have determined which services should be included, they will need to draw up the list.

There is no standard format for how LTAs should present this information. However, LTAs should, as a minimum, consider including:

a map of the relevant area showing the bus services that are provided
the route number of the service, along with service schedule information and hours of operation - where appropriate it should also state the days of operation
flexible bus services should also include relevant operational zones, the number of vehicles, as well as the hours and days of operation

Once this has been drawn up, the SNLS list must be included as part of the EP plan, following the variation process.

Varying the EP scheme to include the requirements that will be followed in the event any service on the list is cancelled or substantially varied

As set out in section 138C of the Transport Act 2000, as inserted by section 14 (3)(a) of the Bus Services Act 2025, all EP schemes must specify the requirements that apply when the cancellation or material variation of a service occurs. This refers to the agreed process that will be followed should such an event occur and is intended to provide clarity over the respective roles and duties of the LTA and bus operator.

Regularly reviewing the list of socially necessary services

The list of socially necessary services should be reviewed on a regular basis by LTAs and operators. This is to ensure that the information is accurate and up to date. The Department for Transport recommends that the list is reviewed annually by the EP board.

A review of the list of socially necessary services should also take into consideration all the existing data on the bus network, as well as any new material that has been obtained in the period between reviews. This should include passenger levels, frequency of services, and time-tabling information such as hours and days of operation. For flexible bus services this should include relevant operational zones, the hours and the days of operation.

The review should also consider financial information related to the provision of bus services, including level of subsidy where relevant. Where appropriate, the EP board should ensure that this information is documented appropriately (excluding any commercially sensitive information). This should be dependent on operators providing frequent data updates to the EP board.

The review and any outcomes arising out of it should also be recorded. This should include the reasons for any changes, as well as how the decision was reached. Any new bus services that have commenced must also be considered to determine whether they should be added to the list.

Implementing the socially necessary local services measure

Once the list has been included in the EP plan, it must be implemented in accordance with the conditions that are set out in section138C (9A) of the Transport Act 2000, as amended by section 14 of the 2025 Act.

In practical terms, this will require the LTA to work with the bus operator to explore the options that could be implemented to maintain an existing service. As the normal expectation is for there to be a consistent and continual dialogue between the local authority and bus operator, any proposals to cancel or vary a service should not be unexpected. Ideally, both parties should be able to provide early notice of any intentions or plans to amend them.

An EP scheme must specify the requirements that apply in the event of any changes or withdrawal of a service.

Mitigations to the cancellation or material variation of a bus service

LTAs, working with bus operators, must explore possible mitigations to the cancellation or significant variation of a socially necessary local service.

They should also take into account views of other stakeholders, including bus passengers.

Mitigations may include, but not be limited to, the following:

alternative days of operation. Within the context of the SNLS measure, a change in services, so that they operate on alternative days, can itself interpreted as a substantial variation. However, such a change should be considered in relation to the effects of the original variation being proposed. LTAs, along with operators, should consider the overall impact that such changes would have on bus users.
the reduction in frequency of services
changes to routes - this can include the diversion of a route to a more strategic area, or the merging of two or more similar routes
a different source of funding to support the continuation of the service
an alternative service - whether it is a conventional fixed route service, DRT or community transport
the marketing of alternative route options
temporary fare promotions to test patronage growth for alternative routes

While these examples provide a basis upon which LTAs and operators may begin their deliberations, they are not intended to be the only factors that need to be considered.

Where a flexible bus service is being considered, mitigations may take the form of a reduction in the size of zone, number of vehicles, operating hours, or days.

A mitigation may also be made up of a combination of actions working in tandem.

The overall intention is to ensure that all possible options have been explored when considering how to maintain an existing service.

However, it is entirely possible that after careful consideration by all the relevant parties, there may not be any appropriate or affordable mitigation that can be implemented.

For transparency, LTAs should document how the final decision was reached and be prepared to publish their findings. This should include the following:

the reason(s) for cancelling or substantially altering an existing service
the mitigations that have been explored and the reasons why they are or are not being taken forward
advice for passengers regarding existing alternative transport solutions, if they are available
any data and analysis that has been carried out to inform the decision, where it is not commercially sensitive to release

The LTA should also include a copy of the formal notification from the bus operator of their decision to no longer provide the relevant service as part of the published information, where it is not commercially sensitive to release.

Bus operators are also expected to follow existing processes in the event of the withdrawal or significant variation of a service by notifying the registration authority. This new SNLS work should be carried out within the timescale that is associated with the normal changes or amendments to services.

The expectation is for bus operators to wait until the SNLS process has been completed before undertaking any notification.

An operator would normally notify the LTA of changes 28 days before the Traffic Commissioner is informed, which must be 42 days before the service changes or stops.

However, operators are encouraged to provide as much notice where possible to facilitate changes and transitions. A longer period for notifying the LTA could also be agreed beforehand and set out within the EP scheme.

Transfer of socially necessary services information to a new service provider following a change in bus operator

From time to time, the bus operator for a specific bus service which is also listed as a socially necessary service may change. An example would be the retendering of a route, or an operator withdrawing from an area and a new operator stepping in to provide a service on a commercial basis. In this instance, new EP and SNLS documentation may need to be drawn up if the change also results in an adjustment to the level of service provided or if it is not possible to transfer the entirety of the pre-existing list to the new contract.

While the 2025 Act does not set out any specific actions in relation to the list of socially necessary services in the event of this happening, an LTA may wish to consider the following suggestions.

The LTA may undertake a new assessment of the bus network and draw up a new list of socially necessary services if it considers it necessary.

The LTA may undertake a new assessment of the bus network if any of the routes have changed or have been substantially varied and draw up a new list of socially necessary services.

If no conditions have changed and the new bus operator is providing the same service as the previous provider, then the former list can be used as part of the new EP documentation.

If LTAs have previously posted a list of socially necessary services on an appropriate website as part of their published EP plan, this should also be updated accordingly.

Question 5

Minimum standards

Accepted Answer

Minimum standards for EPs as conditions of future bus funding

There are opportunities for EPs to deliver low- and no-cost improvements that make a real difference for passengers. As set out in the EP review, a new set of minimum standards for all EPs has been established as a condition of future bus grant funding. These will help ensure that no matter where they are, passengers can expect a certain baseline to be met.

The list of standards has been developed following extensive engagement with stakeholders, including LTAs, operators and passenger representatives during the EP review. They include low-cost measures that have already proven to be successful in the EPs where they have been implemented. They consolidate existing requirements and add some additional standards.

These standards are a floor, not a ceiling. EPs are expected and encouraged to use them as a foundation upon which to develop and deliver an exemplary standard of service. They are additional to the statutory requirements set out in the relevant legislation.

These minimum standards will support the delivery of improved outcomes in places which are not already meeting them, including improving passenger satisfaction and in turn improving patronage by making buses easier and more attractive to use.

Please refer to the EP Manual for case studies and practical templates to help meet each of these requirements.

Implementation of new minimum standards

Understandably, different EPs will have different starting points. It will take time for all EPs to reach the same standard, and so there will need to be a transition period in which the Department for Transport will work with EPs to support them in meeting these standards.

LTAs should work with operators, commit to and set out timeframes to fully implement these measures in updated EPs by March 2027.

The payment of future bus grant funding will be conditional on meeting these timeframes.

EPs transitioning to franchising

Some LTAs may be considering whether franchising is the right option for their area. Meeting these minimum standards for EPs will be helpful, whether or not an area chooses to proceed with franchising, as they will set the basis for a strong and integrated network to franchise. As EPs will vary in terms of progress towards the transition towards franchising, officials at the Department for Transport will discuss exemptions with individual LTAs where there is a reasonable concern that meeting these standards will detract or conflict with the franchising process.

Minimum standards for all EPs

All EP schemes are expected to include the following commitments as a condition of future DfT bus funding.

Maintain baseline LTA bus spending

This ensures that additional funding provided by the government for buses does not simply replace existing LTA bus spending but is genuinely additional. The EP should set out the overall baseline LTA bus budget, including for supported services, concessionary fares, infrastructure and community transport, developer payments (for example section 106 grants), but excluding funding provided through dedicated government grants such as Local Authority Bus Grant and funding for statutory home-to-school services. This total amount is expected to be maintained in flat cash terms at a minimum, and doing so should be a ‘measure’ in the EP scheme.

Individual budget lines may change as long as the overall amount remains equal to or above the previous amount. For example, if the concessionary fares budget increases due to increased demand, the budget for infrastructure maintenance may reduce as long at the overall budget is maintained.

Promoting concessionary travel

LTA and operators are expected to work together to promote concessionary bus travel and to proactively inform local residents when the authority becomes aware that they are eligible for such a concession.

EP partners may consider small scale advertising and communication campaigns such as on-board advertisements or bus stop marketing to advertise a scheme. They may choose to work with charitable organisations that work with older or disabled people, or approach local health and care services, to promote the scheme.

The scheme should include specific measures which the LTA will commit to ensure that, as far as is practically possible, all eligible local residents are made aware when they become eligible for the English National Concessionary Travel Scheme (ENCTS) and how to apply. It should also include measures to seek to ensure that currently eligible individuals who do not have an ENCTS pass are made aware they may apply for one. Requirements for operators to promote ENCTS eligibility should also be included in the scheme.

Reinvestment of savings from bus priority measures

Where central government funding is used to deliver bus priority measures, any operating expenditure savings resulting from that new bus priority will, where possible, be reinvested by the bus operators that benefit from them into improvements for passengers or BSIP commitments. LTAs will need to ensure they enforce bus priority measures where possible, in order to maximise expected savings.

Before a bus priority scheme is delivered, an assessment is expected to be carried out to calculate anticipated operating savings, for example from reduced peak vehicle requirement (PVR) on a corridor or reduced fuel costs. Following delivery, a further assessment should be undertaken to determine actual operating savings. The EP should then agree how these savings will be reinvested, for example through enhanced route frequencies or investment into fleet modernisation. The process that will be followed should be set out in the EP scheme.

Multi-operator information provision

EP schemes will need to include a requirement that either:

all bus operators will include all services within their operating area (regardless of who provides them) on their timetables and websites
there will be a single set of multi-operator information available across all operators

Bus passenger charter

EPs must have and promote a bus passenger charter, which clearly sets out the standards passengers can expect. It must also signpost the process for redress and providing feedback to EPs. This will include consideration of the needs of all passengers, including those of disabled people, having taken into account the Public Sector Equality Duty under section 149 of the Equality Act 2010. The charter should apply to all operators and be promoted through all operators’ and LTA’s websites, and through physical promotion on buses and stops.

The scheme should include specific measures and requirements to seek to ensure that the Bus Passenger Charter is widely advertised and the commitments in it delivered.

See:

Multi-operator ticketing

Partners in the EP are expected to offer and promote a full range of multi-operator ticketing products at little or no premium compared to comparable single-operator fares, making this the default choice for passengers. This should include a full range of products appropriate to the local area, including return, day, weekly and monthly tickets, including zonal or different regional products where appropriate. This could be delivered via inter-operability agreements, that are compliant with competition law.

Such tickets will need to be promoted prominently on all relevant websites, apps, and on any physical information products. Bus drivers should be trained to offer these tickets proactively.

The EP plan should set out a clear multi-operator ticketing approach, and the scheme should include requirements and any necessary measures or facilities to implement this in practice.

These arrangements are expected to incorporate fare capping over time, using the national contactless ticketing solution that is currently being developed known as ‘Project Coral’. Local authorities and operators will have to ensure they have the right technology in place to meet these requirements. Further information relating to this will be provided in due course.

When developing a multi-operator ticketing scheme, partners in the EP should ensure they have due regard to the CMA’s guidance on multi-operator ticketing contained in Bus Enhanced Partnerships: Advice for Local Transport Authorities.

Read further guidance on delivering multi-operator ticketing schemes under an EP.

Outcomes and output data publication

All LTAs should work with operators to ensure that transparent data on the quality and performance of services is available to the public. The EP scheme should include a measure committing the LTA to publish outcomes and output data. All LTAs are expected to include within this data collected as part of the local transport outcomes framework, including on patronage and customer satisfaction (as measured via Transport Focus’s ‘Your Bus Journey’ survey). It should also include localised key performance indicators.

EPs are required to publish an annual response to the ‘Your Bus Journey’ survey on an appropriate website, in order to increase transparency to passengers.

The EP scheme should include requirements on operators to provide defined information LTAs require to achieve this transparency. LTAs and operators should refer to any future departmental guidance on local authority transport data sharing for advice on data standards, publication methods, privacy considerations and best practice.

Any outcomes and outputs specified in this guidance should be included in the data published under the scheme.

Common timetable change dates

The EP scheme should include common timetable change dates across operators. Precise dates and frequency of timetable changes will be determined by individual EPs, but they are encouraged to be set at twice-annual intervals. LTAs and operators should coordinate with neighbouring LTAs in setting dates.

There are circumstances where changes outside of the agreed dates may be in the best interests of passengers, for example to respond to seasonal changes in demand, or to introduce a service uplift. Therefore, flexibility should be built in to enable EPs to agree exceptional changes outside these dates, where it is in the best interest of passengers.

For predictable seasonal services – such as to schools or tourist destinations – additional common set dates for those types of services only should be considered. Certain categories of service may also be excluded, for example flexible bus services.

Consideration of the needs of disabled people

EPs must set out how they have met the new legislative requirement (introduced through section138C of the Transport Act 2000 (as inserted by Section 18 of the Bus Services Act 2025)to have regard to the need to enable disabled people to access local services when specifying requirements in an EP scheme. For example, this could include engagement or consultation with disabled passenger representatives.

Read further guidance on accessibility requirements.

Enforcement of bus priority infrastructure

EPs will need to include a commitment as a measure in the EP scheme to appropriately enforce new and existing bus lanes and bus gates. It is important that where investment has been made in bus priority infrastructure, the benefits of this investment are realised to their full potential. This requires a robust approach to enforcement. The EP scheme should also include requirements and measures to ensure that the EP board is able to monitor compliance levels and their effect on bus journey delays and prioritise enforcement and/or awareness action where needed.

This should form part of a wider focus on bus punctuality, with the EP scheme including:

requirements on operators to provide data and information on punctuality and causes of delay on key corridors
arrangements for focussed reviews between the LTA, relevant highway authority (where different) and operators to find ways to improve punctuality (including through ‘yard by yard’ reviews on key corridors)
measures and facilities to improve punctuality, where identified

Maintenance of bus infrastructure

EPs are required to include a commitment as a measure in the EP scheme to continue maintenance of new and existing local authority bus infrastructure, including stops, stations and facilities.

Where infrastructure is owned by different tiers of authority, including the local highways authority, their agreement to continue maintenance of this infrastructure must be obtained, as set out in the EP partnership schemes section of this guidance.

Question 6

Ticketing and accessibility requirements in an EP scheme

Accepted Answer

Further to the minimum standards, this section sets out detail on other areas that can be included as facilities, measures or requirements on operators under an EP scheme.

Ticketing

Ticketing requirements included in an EP scheme

Integrated ticketing plays an important role in delivering a successful EP. It enables passengers to travel conveniently across various routes, services and modes of transport using a single, unified fare system.

As a minimum, EP schemes will have to include commitments to offer a full range of multi-operator tickets at little or no additional premium compared to equivalent single-operator tickets. EPs are encouraged to go beyond this minimum standard to deliver fully integrated ticketing, including across different modes of transport.

EP schemes can introduce requirements that operators must offer tickets:

available on particular services – for example, to make a through journey using specified connecting services or as a travel card on a network of services
for travel at particular times – this might include a specific defined off-peak ticket that can be used on all services in a particular area
for travel in particular areas – this might specify a ticket that is available for use on all services in, or entering into, a defined zone, or series of zones
tickets for use by particular groups of passengers - setting an eligibility criteria for a young person, student or jobseeker’s ticket would encourage the use of buses within that group (if operators voluntarily provide these concessions they cannot be required to do so by the EP scheme for their single operator products)

These requirements can also be used in combination. For example, a zonal ticketing system with day, week, monthly and an annual travelcard available. This could include tickets that can also be used on connecting DRT, rail or tram services.

Ticketing schemes set out under EPs must comply with Schedule 10 competition rules discussed in the Competition considerations section of this guidance.

However, they are not required to comply with the conditions of the of the Public Transport Ticketing Schemes Block Exemption in order to meet that those competition rules.

LTA’s are advised to ensure that they refer to Section 3.12 of the CMA’s Bus Enhanced Partnerships: Advice for Local Authorities guidance.

The EP Manual contains examples of real case studies of how specific LTAs have implemented multi-operator ticketing within their EP area.

Contactless multi-operator ticketing

In time, the government expect EPs to include a contactless (cEMV) ticketing system with fare capping in place.

The Department for Transport is working closely with a range of partners to develop and implement the tools needed to deliver this ambition nationally. As outlined in Better Connected: a strategy for integrated transport, the government is working closely with local leaders and private sector operators to develop ‘Project Coral’, a shared technology solution for simpler contactless payments. The aim is to develop a single ‘broker’ system to connect different operators’ payment systems, enabling multi-modal travel with fare capping on bus and tram services, with the functionality to integrate other modes, where possible, in the future. This project is led by Transport for the West Midlands with funding from DfT and in partnership with the UK’s major bus operators.

Initial deployment is planned for spring 2027 in early adopter areas such as the West Midlands with wider implementation across local transport authorities rapidly thereafter. EPs are expected to be prepared for integration with this national solution by ensuring they have multi-operator ticketing schemes using the ‘Model 2’ payment regime (pay as you go) set out as a requirement in their EP schemes with an implementation timescale to match the LTA and operators’ readiness to adopt the Project Coral Broker solution.

Authorities are expected to plan for integration and to maintain contingencies if project timelines shift. Each authority should also set out in its EP plan how it intends to integrate with Project Coral, including expected timelines and any relevant dependencies.

Because the government is funding the core development of Project Coral, LTAs are expected to prioritise implementing the solution before consideration of developing their own multi-operator, contactless bankcard ticketing solution and replacing existing onboard infrastructure (such as ETMs) for this purpose.

Pricing multi-operator ticketing

EP schemes may specify the price of multi-operator tickets. This can include arrangements for the price to be automatically increased or decreased over time, for example in line with an agreed index of operating costs, improvements in bus journey times or the introduction of new scheme requirements. Different multi-operator tickets, such as those aimed at children, can be priced differently.

Whilst the scheme can require operators to offer certain types of single-operator product (for particular categories of people, covering certain zones and/or for set periods of time) the price for operator-specific tickets always remains to be set by individual operators themselves (although the price of the multi-operator ticket could impose a de facto price cap).

How passengers pay and evidence of entitlement to travel

The EP scheme can specify how passengers obtain tickets and pay for them. This may require that tickets are available on the bus, at bus stations, via all bus operator’s web portals and apps or certain types of retail outlets, such as voluntary participating newsagents. It can also specify that tickets should also be made available through a specific network-level portal or app. These requirements can apply to both single and multi-operator tickets.

In these terms a ‘ticket’ can mean either a paper ticket, smart product such as a ticket on a smart app, contactless payment or any other defined means to pay for travel or demonstrate that you have a right to do so. EP schemes may also specify what ticketing technology is to be used (for example ITSO or cEMV).

Marketing of ticketing products

All EP schemes are expected to require ticketing products to be marketed alongside individual operators’ own ticketing products. It can also specify what branding the tickets should use and what the tickets themselves can look like (for example, colour, logo etc).

Accessibility requirements

Providing accessible services

Local bus services are particularly important for many disabled people, who may not have access to other modes of transport, or who may face barriers moving within the built environment.

LTAs and bus operators already have duties to make reasonable adjustments to remove barriers that disabled people would otherwise experience, and to pay regard to the individual duties within the Public Sector Equality Duty (PSED). It is essential that EPs actively consider the needs of disabled passengers, and that measures, facilities and requirements are included in EP schemes to help them to travel as easily as possible.

The Bus Services Act 2025 introduces 3 new measures to support this:

a requirement for disabled people or organisations which represent them, to be consulted when new EP schemes are introduced - read more about the consultation process
a power to place requirements on operators within an EP scheme, which enable disabled people to travel independently and in safety and reasonable comfort
a requirement for authorities to consider whether EP scheme requirements in their totality enable disabled people to travel independently and in safety and reasonable comfort before making or varying the EP scheme

The Bus Services Act 2025 also creates a duty for all LTAs, not just those with EP schemes, to produce and maintain a bus network accessibility plan (bus NAP) to assess and record:

the existing accessibility of local bus networks for which they are responsible
any action they propose to take in future to improve accessibility further

Guidance on bus NAPs will be published in due course. Once published, LTAs should consider how EP scheme requirements can help deliver the aims of their bus NAP.

Setting accessibility requirements

Section 138C of the Transport Act 2000 as inserted by section 18 of the Bus Services 2025 establishes an obligation for EPs to place requirements on operators with the aim of enabling disabled people to travel independently and in safety, with reasonable comfort.

The Bus Services Act 2025 specifies that such measures could include the adoption of a ‘taxi guarantee scheme’, supporting disabled people reliant on the onboard wheelchair space to complete their journeys even when it is occupied.

Taxi guarantee schemes seek to ensure that wheelchair users unable to board a bus because the wheelchair space is occupied and cannot be vacated readily, can still complete their journey easily and without additional cost. Authorities should work with relevant taxi and PHV licensing authorities to establish taxi guarantee schemes within their EP area, and should require operators which do not already operate their own scheme to join it, including publicising it to potential users and providing drivers and other relevant staff with appropriate training on facilitating access to it.

Authorities should also consider other non-legislative accessibility focused EP scheme requirements. The following examples are intended only as a guide and are not exhaustive:

Operators are expected to meet certain vehicle standards, such as:

provision of a second wheelchair space on all new vehicles
consistent colour scheme to identify priority seats and wheelchair spaces
provision of an induction loop and/or AuraCast technology on new vehicles to help people who are deaf or hard of hearing to communicate with the driver
provision of external announcements to help visually impaired passengers identify the right vehicle
additional voluntary compliance with Public Service Vehicles Accessibility Regulations 2000 on local services such as vehicles designed to carry 22 or fewer passengers in addition to the driver

Operators could adopt policies, such as:

provision of or participation in a taxi guarantee scheme
adoption of cross-network requirements for driver support for disabled passengers - see example requirements are included in the EP Manual
acceptance of Class 2 mobility scooters onboard vehicles, consistent with the DfT and Confederation of Passenger Transport mobility scooter code of practice
recognition by drivers of a range of assistance cards which may be presented by disabled passengers to:
ensure that operator websites and apps provide an equivalent level of accessibility to that required of public sector websites and apps, including when they are updated or replaced
require that information regarding the accessibility of vehicles and services is made available via operator or authority websites and apps, and in accessible hard copy formats, as appropriate
require that complaints about accessibility can be made to the operator via a range of communications channels, with the aim of reducing the reporting burden on disabled passengers

Supporting an Accessible Travel Charter

The Department for Transport is developing an Accessible Travel Charter that will help provide a clear and practical framework for improving accessibility across all forms of transport. The charter will support the sharing of best practice and resources, encourage improvements across different transport modes, and enable constructive local discussions on accessibility. These actions are essential to removing the barriers that many people still experience when travelling.

The charter will also bring greater clarity and direction. It will set out a vision for how the transport system should function so that disabled people can travel with comfort and dignity. It will include a set of pledges that organisations responsible for commissioning and operating transport services can adopt. In addition, it will support consistency and efficiency by promoting the exchange of best practice.

Once published, LTAs should adopt the charter and embed its principles – in so far as they relate to bus services – in their EP plan and scheme (including through appropriate measures, facilities and requirements) helping to provide a consistently high‑quality and accessible experience for disabled people wherever they travel.

Consideration of EP scheme impact on disabled people

Section 138C of the Transport Act 2000 as inserted by section 18 of the Bus Services 2025 requires authorities to consider whether scheme requirements enable disabled people to use local bus services independently, safely and in reasonable comfort. The duty applies when an EP scheme is introduced or varied.

As a minimum, authorities should follow these steps:

engage with local disabled people or local organisations representing the interests of local disabled people on how consideration will be given
assess the extent to which the current network meets the accessibility requirement before proposed new EP scheme requirements are taken into account - where an authority has an up-to-date bus NAP they may point to this rather than undertaking new analysis
assess the impact of the proposed new EP scheme requirements on the accessibility requirement
consult with disabled people, or organisations representing the interests of disabled people as appropriate, on the consideration given and conclusions reached, including revisiting earlier steps if needed
record the consideration given, the results of any consultation, and the overall conclusion within, or as an annex to, the EP scheme

Where the LTA identifies either an EP scheme requirement which will have a negative impact on the accessibility requirement, or a negative impact of existing service provision which the proposed EP scheme requirements fail to address, the LTA should identify alternative or additional EP scheme requirements to address or mitigate this. Where they are unable to identify such alternatives, or where it would be unreasonable to include them in the EP scheme, the LTA should record the rationale for this decision

Whilst giving such consideration might help an authority to also give regard to the Public Sector Equality Duty (PSED) with regard to the protected characteristic of ‘disability’, it should not in itself be interpreted as having fully addressed the specific duties with regard to disability, or indeed to the other protected characteristics. Therefore, authorities should ensure that they take steps to comply with the PSED requirement.

Public Sector Equality Duty

Authorities will have a duty under the Public Sector Equality Duty (section 149 of the Equality Act 2010) to eliminate discrimination, advance equality of opportunity and foster good relations among diverse groups.

In revising and implementing their EP plans and schemes, it is essential for authorities to adopt a people-centred design approach that prioritises the needs and experiences of all users, particularly those with protected characteristics which may lead to them experiencing disadvantages when using transport services. This includes actively engaging with communities early in the process of drafting an EP plan or EP scheme to understand their needs and preferences, ensuring that services and infrastructure are accessible, inclusive and equitable.

Authorities must clearly demonstrate how they have considered the diverse needs of communities in their plans, and they should regularly assess and report on the impact of their decisions to ensure compliance with the PSED. By ensuring that the needs of people are placed at the centre of their EPs, authorities are not only fulfilling their legal obligations but will also be enhancing service accessibility and delivery, while increasing community trust and user satisfaction.

Question 7

Further EP scheme content

Accepted Answer

Further EP scheme considerations

It is recommended that EP schemes include the considerations listed below, though these are not required as ‘minimum standards’ and do not fall under conditions of funding:

details of how facilities and measures will be funded and timeframes for delivery
metrics for evaluating success
responsibilities within the partnership

LTAs and operators should also consider including in their EP scheme, in line with the government’s vision for buses, measures, facilities and requirements to:

decarbonise the bus fleet and improve air quality
improve the personal safety, and perception of personal safety, of passengers
action to improve network co-ordination and integration
action to improve bus punctuality, reliability and journey times

Decisions on the facilities, measures and requirements to be included in EP schemes should also aim to improve areas of poorer customer satisfaction as identified in customer satisfaction data, such as Transport Focus’s ‘Your Bus Journey’ survey.

Modern buses, decarbonisation and air quality

EP schemes can include a range of vehicle requirements. They can be applied to all vehicles within the area covered by an EP scheme or just vehicles providing services of a particular description (which could, for example, be defined by areas or locations they serve or to exclude certain types of services - such as long distance coach services which, for some of their route, are also registered local bus services). They can include requirements relating to:

the age of vehicles
vehicle design - this could specify particular vehicle designs used on specific corridors, as part of a bus rapid transit scheme
CO2 emission standards - which could be met by either using new zero-emission buses or by repowering existing diesel buses to convert them to zero-emission
emissions standards for pollutants such as oxides of nitrogen (NOX) and particulate matter
regular maintenance of buses, including targeted maintenance to improve the performance of emissions abatement systems and retention of Clean Vehicle Retrofit Accreditation Scheme (CVRAS) accreditation for retrofitted buses
accessibility requirements - read more on accessibility requirements
provision of wifi, USB charging or other technological requirements
other requirements about the passenger environment - such as seat style or quality (which could be met by either using newer buses or refurbishing existing ones)
the appearance of vehicles – such as their livery – or require equipment such as information displays to be installed

The EP Manual contains further advice around how EPs can support strategic delivery of modern buses and decarbonisation targets.

Personal safety

EP schemes can include measures to improve the personal safety of passengers and staff and mitigate the risk of passengers and staff being subjected to violence, harassment and discrimination. Particular regard should be given to groups with protected characteristics, and to tackling violence against women and girls (VAWG) and addressing anti-social behaviour (ASB).

Training staff, including drivers, on how to identify and respond to ASB and VAWG where it is safe to do so is a new requirement introduced in the 2025 Act. The act also includes provisions for local transport authorities to implement byelaws specifically to tackle nuisance behaviour on their networks.

EP schemes should consider measures, facilities and requirements such as:

specifying the use of a single reporting mechanism for passengers, to ensure incidents are reported consistently and in an accessible way and can be acted upon appropriately
improving bus stop and station infrastructure, including CCTV, lighting and information-provision, and commitments to their associated maintenance
communications activity, for example to raise awareness of inappropriate behaviours, encourage reporting, discourage perpetrators, empower bystanders, or signposting victims to support services
providing free travel for warranted police officers

The EP Manual contains potential measures that could be incorporated into an EP scheme.

Network co-ordination and route requirements

EP schemes should include mechanisms to deal with network design and co-ordination between individual services. They also may cover overprovision of services. These are established and enforced using route requirements.

Route requirements may specify the frequency of services, on individual routes or corridors. Schemes cannot specify which operators these requirements apply to, although they can be applied to a particular description of services.

These powers might be used if there are particular congestion or air quality issues on a certain route which, by limiting frequency, might encourage operators to divert some buses to another corridor for some of their journey.

EP schemes should also have close cooperation between LTAs and bus operators to consider if ZEBs can be deployed in areas where there is poor air quality.

Limiting the frequency of bus services should not be seen as an easy alternative to addressing congestion or air quality issues. Buses can play an integral part of the solution to these issues and full consideration should be given to including facilities and/or measures in the schemes which would make bus services a more attractive proposition to potential passengers and so contribute to addressing congestion and environmental challenges, including by modal shift from cars.

Route requirements could also be used to address the timing of services. For example, the EP may require the services operating on a particular corridor to have even headways (time gaps between individual bus services), resulting in a frequent service.

EPs will need to ensure that individual bus services connect appropriately with each other. EPs should also consider integration with other transport modes, such as coordination with rail timetables.

An EP scheme can deliver this by specifying the times at which individual services arrive at bus stops. These requirements can apply to particular services or all services operating along specified corridors. For example, an individual bus service could be required to arrive at a particular bus stop at a particular time to co-ordinate with the arrival or departure of a rail service, or there could be a more general obligation on all services using that stop to co-ordinate with rail timetables.

Route requirements may raise particular competition issues, which LTAs must consider when making the scheme.

Read more on competition considerations.

EP powers cannot compel operators to run services along particular corridors. LTAs can instead use subsidy powers to deal with under provision of services.

The EP Manual contains further advice around presenting the bus network as a single system, with clear passenger information.

Bus punctuality, reliability and journey times

Bus punctuality, reliability and journey times can be key drivers of customer satisfaction and bus patronage. Failing to improve them can increase operating costs and decrease revenues, making services less commercially sustainable.

Unless there is high customer satisfaction and strong performance against the Traffic Commissioners’s expectations on bus punctuality and reliability, all EP plans and schemes should include action to improve bus punctuality, reliability and journey times. This should include, but not be limited to, measures, facilities and requirements to achieve:

publication of data on bus punctuality and reliability, both for the EP plan areas as whole and on key corridors
transparency in operator performance on reliability and the timeliness of bus services starting a route
arrangements to review punctuality and journey time data for key corridors between the LTA, LHA (if different) and relevant operators and identify action that can be taken to improve performance – including through ‘yard by yard’ corridor reviews of causes of delay and potential actions for improvement
joint operator, LTA and LHA plans for punctuality and reliability improvements on key corridors
advance and accurate notice and visibility for bus operators on streetworks
a reduction in the impact of both regular congestion and streetworks on bus services and passengers
improved journey times on key corridors and punctuality and reliability for all services
key route networks (where the LTA has the statutory power to create them) that fully reflect the needs of bus passengers

Impacts on small and medium sized operators

It is important that the needs of small and medium sized operators (SMOs) are considered as part of the development of an EP plan and scheme.

An SMO is not necessarily a ‘small and medium sized enterprise’ (usually defined as a business with fewer than 250 employees). However, in general the 250 employee limit is a good place to start when identifying the SMOs in the EP area. If this were to encompass most or a significant proportion of the operators, then the limit should be revised downwards. However, a bus company that falls into this category but is a subsidiary of a larger bus company would not generally be considered a SMO.

Authorities should conduct a thorough assessment of which operators in the EP area(s) they consider to be SMOs and a summary of this assessment should be included in the EP plan and each EP scheme. Authorities should, amongst other things, take account of the demands of the BSIP, the overall nature of their bus market, the operator’s fleet size and consider the turnover of the operator – where necessary including its parent structures – as a whole.

SMOs may be disadvantaged in their ability to engage in aspects of developing the scheme to deliver EP outcomes, but excluding such operators may reduce the overall effectiveness of EP delivery – so there should be a level playing field between all operators.

Authorities should bear in mind that SMOs may not be well placed to implement the requirements of an EP quickly. Requirements that would attract a considerable administrative burden or large financial outlay such as new vehicles or ticketing equipment are likely to be more difficult if an operator has limited access to capital and/or a relatively limited geographical scope to their operations. Authorities should therefore discuss these issues with SMO operators at an early stage of developing such proposals and, where necessary, make adjustments.

Arrangements for reviewing a plan or scheme

Each EP plan and scheme must say whether it is subject to review and, if so, specify how it is to be reviewed and the dates at which the reviews are to be completed.

The plan or scheme can specify a specific calendar date by which a review will be completed, for example, every 5 years from the date on which the EP scheme was formally implemented. A scheme can also contain different review dates for different elements of an EP scheme (for example, one date to review measures and facilities and another to review operation requirements and/or route requirements, or even individual dates for individual elements of an EP scheme).

If LTAs change the EP scheme or circumstances change to an extent that they believe the competition test needs to be applied again, they should act accordingly - see the section of this guidance on competition considerations.

A review of an EP plan should, as a minimum, consider both:

the arrangements for consulting passenger representatives on the effectiveness of the EP
the objectives and aspirations for improving the quality and effectiveness of bus services

A review of an EP scheme should, as a minimum, consider the effectiveness of the measures taken, facilities provided, and requirements imposed on operators - particularly in relation to their impact on the objectives for improving services set in the EP plan and, if relevant, on bus journey times, passenger satisfaction and growth of the market.

Question 8

Making a plan and scheme

Accepted Answer

This section sets out the process for making an enhanced partnership (EP), ensuring that the necessary documentation is produced, the appropriate level of consultation is completed and the potential of the EP is maximised.

The EP Manual contains a flowchart summary of the steps described in this guidance along with a checklist of the list of actions required to make a plan and scheme.

Each step is described in detail in the following subsections:

LTA publishes a notice of intention to make an EP.
LTA requests specified information about local bus services that operate either within or into the EP area from operators.
LTA prepares the EP plan and scheme, in collaboration with operators and other stakeholders.
LTA publishes a notice that a draft EP plan and scheme has been prepared.
Operators formally review the EP plan and scheme and raise any objections.
Once sufficient support has been obtained from operators, LTA carries out formal consultation.
LTA modifies the EP plan and/or scheme, as required, after consultation.
LTA completes the schedule 10 test to ensure that making an EP does not restrict competition.
If any changes are made to the EP plan and/or scheme, operators formally review the EP plan and scheme and raise any objections.
Once sufficient support has been obtained from operators, LTA to ‘make’ the EP plan and scheme and publishes notice to all operators and relevant stakeholders.

Each step is described in detail in the following subsections.

Step 1: LTA publishes a notice of intention to make an EP

It is the LTA’s choice how they give notice of their intention to prepare an EP plan and scheme. They may, for example, choose to do so via their website or local newspapers or via social media, depending on where is most appropriate.

The notice should be drawn to the attention of all local operators running services within or into the proposed geographical area of the EP and an invitation to participate in the development of the EP should be sent to the address that is listed on the public service vehicle (PSV) operator’s licence of each operator concerned.

Operators that start providing services in the relevant geographical area whilst the EP proposals are being considered must be invited to participate in the EP development. All local bus operators should be formally involved early on as well as throughout the process of making the EP.

In return for government support and bus grant funding, all operators are expected to participate and cooperate fully, via partnership working, with the EP process.

The LTA must ensure that all operators who may be affected are kept informed of the progress of those discussions in terms of outcomes, they must be allowed to contribute to the discussions throughout the process. All invitations to contribute should make clear that any requirements imposed by the EP will apply to all affected local bus services operators.

Step 2: LTA requests specified information about local bus services that operate either within or into the EP area from operators

Provisions in the Transport Act 2000, inserted by the Bus Services Act 2017, enable LTAs to obtain certain specified information about local bus services that operate either within or into the area in connection with preparing, or carrying out various functions as part of an EP plan or scheme.

For these purposes, ‘area’ means the geographical area of the proposed EP as described in the initial notice of the intention to prepare an EP plan and scheme.

If needed, LTAs should request information which they believe: (a) is relevant to the work being undertaken on the EP; and (b) they need and do not already hold as a result of existing information sharing arrangements.

LTAs should engage proactively with local bus operators before and throughout the information request process to understand the ways in which operators hold the relevant information and how long it may take to collate and provide. Any concerns expressed by local bus operators about the scope of the information requested should be considered carefully.

The following list summarises the type of information that may be requested under the schedule to the information regulations.

How and when a local service operated by an operator is used by passengers once the EP has been made or varied

This data is crucial and should be collected with as much granularity as possible, making full use of existing datasets – for example, from ticket machines. This can include, if available, patronage data broken down by for example, age or gender, if such a facility exists. It can also include such data broken down by time of day, time of year, or on a daily/hourly basis, how and when the local service is likely to be used by passengers once the EP plan or scheme has been made or, as the case may be, varied. Any analysis or forecasts that an individual operator may have undertaken on the effects of an EP plan or scheme once implemented or varied after implementation, could also be requested.

The structure of fares for journeys on the local service

This enables the LTA to request information on the structure of fares (for example, single fares, period passes, through tickets etc) on local bus services within or entering into the authority’s geographical area.

The types of tickets used by passengers, and by particular types of passenger, on the local service

This enables the LTA to get a detailed picture of the current ticket usage on all or selected local bus services in their geographical area.

The time taken for journeys, and parts of journeys, on the local service including information about adherence to timetables at all times or at certain times of the day

Reliability and journey time are two vital factors that influence whether and how often people use bus services. Therefore, it is important that the LTA can obtain a detailed picture of how local bus services are performing ‘on the ground’ and this power can be used to obtain real-time or other types of data.

The total distance, in miles or kilometres, covered by all vehicles used by the operator in operating qualifying local services in the area

This enables the LTA to request both registered and operated mileage. For example, the authority can calculate registered mileage and therefore market share for use in the operator objection mechanism (see Step 5 of of Making a plan and a scheme), but it can also be used for other purposes as well, such as to get a picture of total service provision.

The vehicles used on local bus services, including information about the age of those vehicles, emissions and types of fuel or power.

This will enable the authority to obtain a detailed picture of the vehicle fleet used to operate on local services in the EP geographical area.

The result of any activities undertaken with a view to promoting increased passenger use of the local service

This would include information on any promotional activities undertaken by the operator at any time prior to the request being made, and information on any outcomes, such as the effect on patronage.

The particulars of a local service’s registration under section 6 of the Transport Act 1985

This information could be useful if the authority intends (or is required) to take over the registration function from the Traffic Commissioner. They may wish to do this in order better to monitor and enforce EP standards. The LTA should already hold this information.

Following the commencement of the Bus Services Act 2025, Section 14(B) of the Transport Act 2000 as inserted by section 20 of the Bus Services Act 2025 introduces a new measure where LTAs will need to provide a 14-day pre-request period before issuing the official request for information. This measure comes into force on 1 April 2026.

This should enable conversations to inform the LTA on the ways in which operators hold the relevant information and how long it may take to collate and provide, prior to them setting the timeframe for provision of the information. It should also give flexibility to operators to allow them to prepare resource to meet the timescales prior to the formal request being made.

Information may be requested in any reasonable format, subject to how it is managed and retained. The LTA can also specify when the information should be provided, but this needs to be within a reasonable time period (for example, 2 to 4 weeks).

The LTA may only use the information provided for the purposes for which it was obtained. Where it is necessary for those purposes, the LTA may share the obtained information with:

other LTAs that are party to the EP - for example, adjoining LTAs
the Secretary of State for Transport
constituent metropolitan district or borough councils, including county councils, unitary authorities and district councils in non-metropolitan areas who are not LTAs
anyone providing services to any of the above, such as a consultant - including anyone providing services to the LTA who obtained the information

It is possible that some of the information obtained will be commercially sensitive and LTAs should respect the need for confidentiality. A model data sharing agreement between LTAs and bus operators will be developed and will be available for use in due course.

See the section of this guidance on outcomes data publication.

The LTA should seek to aggregate information it obtains where possible and appropriate - given the nature of the work being undertaken on the EP scheme - and put in place measures to avoid inadvertently disclosing any commercially sensitive information provided by a bus operator.

If an operator can demonstrate that certain information they provide is commercially sensitive, LTAs should also look favourably upon any request from the operator concerned for a confidentiality or nondisclosure agreement. LTAs should also consider carefully what confidentially agreements may be needed if information is shared with another body.

While the Freedom of Information Act 2000 allows for the application of information from LTAs, there are certain acceptable restrictions to what can be provided. These include sources of information that relate to:

personal information
information provided in confidence
information subject to legal professional privilege
information constituting certain commercial interests

However, these restrictions do not prevent it being shared as set out above, or disclosed:

if it is personal information and the person concerned has consented to its disclosure
in connection with the investigation of crime or for the purposes of criminal proceedings or civil action
to comply with a court or tribunal order
to comply with a legal requirement

Step 3- LTA prepares the EP plan and scheme, in collaboration with operators and other stakeholders

Formal engagement begins between LTAs and operators to develop EP content. Other stakeholders, such as passenger groups and accessibility groups, should also be consulted at this stage to ensure that the EP meets passenger needs. Stakeholder participation should align to the proposed outcomes that the EP will deliver, or example user groups could be consulted on where reliability improvements are required.

It is important that decisions are made transparently for the benefit of all passengers or potential passengers, and not just those parties with the most prominent views. LTAs should take care to ensure there is a balanced representation of passenger voices.

Step 4 - LTA publishes a notice that a draft EP plan and scheme has been prepared

The next step is to ensure all relevant local operators, including smaller operators, are fully informed about the draft EP plan and scheme, enabling them to provide input before it is finalised.

A notice that an EP plan and scheme have been prepared should be sent in writing to all operators of qualifying local services. What constitutes a qualifying local service is set out in regulations and is explained in Step 5 of Making a plan and a scheme.

The decision as to whether or not a service is a qualifying local service is made on the basis of the service’s status on the day before the notice is issued.

The notice should be sent to the address that is listed on the public service vehicle operator’s licence of each operator concerned. The LTA may also choose also to give notice via their website or other sources, such as local newspapers.

The notice must:

contain full details of the EP plan and scheme and explain briefly how together they will deliver the EP plan or BSIP
explain that operators of qualifying local services have a right to object to the EP plan (including what constitutes a qualifying local service)
set out what level of objections is required for the EP plan and scheme not to proceed to consultation - when plans and schemes are initially proposed this will always be the threshold set out in regulations
give a maximum period of 28 calendar days within which objections may be made (note that the process would only be completed before the 28-day objection period is complete if all relevant parties positively respond to the notice)
contain details of how an operator should make an objection, including a mail and email address to which objections should be sent

Alongside issuing this notice, LTAs may wish to use their powers to obtain information from all operators regarding the registered distance of all their qualifying local services. This is to assist the LTA in determining the total distance and so determine if the relevant threshold for objections has been reached (see Step 5).

Step 5 - Operators formally review the EP plan and scheme and raise any objections

It is for operators of qualifying services within the EP area to determine whether the next stage of the process can go ahead to a formal consultation exercise through the operator objection mechanism.

Following the commencement of EP measures, section 19 of the 2025 Act introduces a new legislative measure that states the following.

Where any objection should be made within the deadline set by the LTA, this deadline cannot be less than 28 calendar days after the date on which the notification was sent. The objection period may only be completed before the 28-day objection period is complete if all relevant parties positively respond to the notice.

Operators should raise any concerns that might lead to an objection with the LTA before the objection process commences, so that early resolution can be sought. Where individual operators decide to object, they should provide their justification for doing so.

The same principles apply at other points at which operators have the right to object to an EP plan and/or scheme. However, the bespoke variation mechanism (see Step 4 of Varying an EP) can apply different objection thresholds or different objection criteria.

Who can object?

Any operator of qualifying local bus services that operates within or into the geographical area of an EP plan or scheme on the day before the notice is issued by the LTA is entitled to object to the consultation exercise on the EP plan or scheme. If the geographical area of the EP has more than one subsidiary of a parent company, the legislation requires that 2 (or more) subsidiaries are treated as a single operator under the objection mechanism. This is to prevent bus companies splitting into smaller subsidiaries to gain more influence over the objection process.

What types of local bus services qualify to object?

A service is a ‘qualifying local service’ for objection purposes if it is a registered local bus services which has one or more stopping place within the geographical area of the EP plan or scheme concerned and it is not an excluded service. An excluded service:

is a service run under sections sections 89 to 91 of the Transport Act 1985 where the LTA retains all the revenue from that service
is a registered local service which is an excursion or tour
is a service operated under Section 22 of the Transport Act 1985 (for example, a community bus service) - an EP does not apply to this type of registered service, although there is nothing to prevent the operator from voluntarily complying with some or all of the EP requirements that would otherwise apply to that service
the service has 10% or less of its overall distance (not just the distance within the EP plan or scheme) registered as a local bus service - this might include interurban or other long-distance scheduled services that are not generally used for local journeys within the EP area, but may use bus stops within it

Whether or not a particular service is a qualifying local service is determined on its status on the day before the notice is issued.

The exemptions above apply only to the objection mechanism. All local services registered with the traffic commissioner that are operating on the date a scheme is made (except section 22 Community Bus Services), or begin operating after that date, will need to comply with the requirements of the scheme – unless the EP itself exempts certain classes of local services.

How do operators make an objection?

The notice of consultation must contain contact details to which objections can be made. This should include a postal address and an email address. The notice must contain the date by which objections from operators must be received. This date must be 28 calendar days from the date on which the notice is sent. The objection period may be completed before the 28-day objection period is complete if all relevant parties respond positively (do not object) to the notice.

What happens once objections are made?

The LTA has to assess objections using the consultation exercise set out in the plan and scheme. The process of making the plan or scheme cannot legally proceed to the next steps if neither of the following criteria are met.

Criteria 1

The combined registered distance of all the qualifying local services operated by objectors in the relevant EP area is at least 25% of the total registered distance of all local bus services operated by all the bus operators in that area and:

where there are 4 or more operators in the relevant EP plan or scheme area, at least 3 are objectors
where there are fewer than 4 operators in the relevant EP plan/scheme area, all are objectors

Criteria 2

At least 50% of the total number of operators of qualifying local services within the relevant plan or scheme area have objected and the combined registered distance of qualifying local services operated by the objectors in the relevant area is at least 4% of the registered distance of all local bus services operated by all the bus operators in that area.

If an EP plan and scheme have different geographical areas, then separate determinations of whether sufficient objections are made are required for the plan and the scheme. Operators in an EP plan or scheme areas where they do not operate local services cannot exercise objection rights in those areas.

The initial EP plan must be accompanied by one or more EP schemes.

If the EP plan receives objections at or above the relevant threshold, neither it, nor the accompanying schemes can proceed to consultation. If the EP plan does not receive objections but all of the scheme(s) do, then neither the EP plan nor the accompanying EP schemes(s) can proceed to consultation. If the EP plan and at least one of the EP schemes do not receive objections at or above the relevant threshold, they can proceed to consultation.

How is registered distance calculated?

The regulations specify that it is ‘registered distance’ that should be used - this is the total distance that the vehicles need to cover to meet the description of the service as set out in the registration held by the traffic commissioner. LTAs have powers to require operators to provide registered distance data for all services operating within or into the EP area. Alternatively, LTAs may calculate this themselves using the registered particulars. They can also request full details or copies of these particulars from operators.

Calculating registered distance on an individual bus route usually involves a simple calculation of route length by frequency including to calculate both the outward and return journeys and any evening or weekend services. This calculation will need to be repeated for each service registered with the traffic commissioner operating within the geographical area of the EP scheme. Regulations also specify for services registered as ‘frequent’ (every 10 minutes or less) and do not include a timetable, a default 10-minute frequency should be used.

Requirement to publish objections

The LTA must publish the names of operators making any objections within 14 days of the last day of the objection period. The name for each operator must be the name as it appears on the local bus service registration.

If the objection threshold is met, preventing the consultation process from going ahead, the LTA will need to discuss the package of measures in the EP plan and/or scheme further with their operators to resolve the contentious issues for example, by amending them or removing them altogether – then undertaking the operator objection process with the revised packages once again.

While the LTA should seek to resolve as many objections as possible, the legal requirement is that if there are not sufficient unresolved objections to meet either of the objection criteria then the consultation can go ahead.

Operator ‘gaming’

The operator objection mechanism is an important, necessary and powerful tool that enables individual bus operators to have their reasonable say about the content and viability of individual EP proposals. There is a small risk that some operators may see this as an opportunity to ‘game’ the system by registering new services before the EP objection mechanism applies to temporarily increase their influence over it.

LTAs should work with the Traffic Commissioner to monitor registration activity before and after an objection period to determine whether such activity is taking place and by whom.

Such practices are not acceptable for the following reasons:

partnership working is predicated on trust between LTAs and individual bus operators - this trust would be severely undermined if an LTA had reasonable evidence to believe that individual operators were not acting in good faith
the Traffic Commissioner may take evidence of such activity into account when determining whether the affected operator met the requirement to be of ‘good repute’ under the operator licensing rules
the Competition and Markets Authority (CMA) may view such activity as an unreasonable attempt to gain influence over the bus market covered by the EP geographical area and investigate - any LTA that believes it has evidence of ‘gaming’ should contact the CMA
if operators are proven to have acted in this way, it may affect the application for any DfT government bus grant funding

Step 6 - Once sufficient support has been obtained from operators, LTA carries out formal consultation

The co-development of proposals with a range of stakeholders will allow for a smoother consultation process.

Where an LTA is confident that it has developed proposals with a wide range of relevant stakeholders and that the consultation is unlikely to generate substantive comments, a very short consultation period will be possible.

Transport Focus has produced guidance for carrying out consultation exercises:

These identify key considerations when designing and delivering a bus service review consultation exercise and highlight best practice.

Transport Focus has also produced specific guidance around consulting with enhanced partnerships.

LTAs are expected to follow this guidance.

The LTA is responsible for carrying out formal consultation, which must include the following statutory consultees:

all operators of local bus services that would be affected by any of the proposals
organisations that represent local passengers
other LTAs that would be directly affected by the proposals
the Traffic Commissioner
the chief officer of police for each area to which the EP plan relates
Transport Focus
the CMA
disabled people or organisations which represent them

Although these are the bodies that must always be consulted, there may be other stakeholders (such as trade unions, where engagement is strongly encouraged) which should be included. LTAs should be engaging with such bodies already on an informal basis.

Consultation with disabled people

Disabled people or organisations representing them, must be consulted when new EP schemes are introduced.

Legislation permits authorities discretion in who they consult. LTAs should consider the perspectives of people and organisations who represent a locally relevant and broad range of disabled people’s experience in the local area. In particular, consultation should:

include engagement with local disabled people both those who do and those who do not currently use local bus services, as well as local organisations which represent the interests of such people
engage solely with national organisations representing the interests of disabled people only where they have been unable to engage with local disabled people and local organisations representing them
seek the perspectives of disabled people with a range of impairments, including, physical, sensory, cognitive learning and mental health, as well as neurodiverse people and people with both visible and less visible impairments
ensure that consultation materials and processes are accessible, including making documents available in accessible digital and hard-copy formats, and considering where in-person engagement can increase participation and representation

Following consultation, the authority should publish a summary and analysis of responses received, alongside a summary of how they have informed the proposed EP.

Whilst consultation at set points in the development of an EP can help ensure that it is reflective of the experience of disabled people, wherever possible authorities are recommended to adopt a co-design approach to the development of the EP proposals impacting disabled people, so that their needs can be built in from the beginning.

Where the scheme involves modification to services, LTAs should also consider consulting: existing bus passengers on affected services; and relevant organisations which are not already involved in the EP process (for example, major local employers).

Responses to the consultation should be analysed thoroughly and changes made to the proposals if they would improve BSIP outcomes.

The consultation process should take place for all EP schemes that relate to an EP plan. There is nothing to prevent a single consultation exercise covering an EP plan and several EP schemes at the same time – even if some of those EP schemes will not enter into force together.

However, if an EP scheme is developed after the initial EP scheme(s) have been consulted on, a separate consultation exercise must be carried out on that subsequent EP scheme.

Step 7 - LTA modifies the EP plan and/or scheme, as required, after consultation

LTAs should engage fully and constructively with their local bus operators and other key stakeholders at the pre-consultation stages so that further modifications to the proposals are minimised as a result of their responses to the consultation exercise.

Once the consultation exercise has completed, the responses have been analysed, and any necessary changes made, the LTA must decide, with input from the operators, whether to ‘make’ the EP plan and scheme. ‘Make’ is the legal term for finalising the content of both and then implementing the requirements of the scheme ‘on the ground’.

Hopefully, this will be on the basis of the EP plan and scheme put to consultation, or, where necessary, a modified version of either that takes into account consultation responses.

These versions of the EP plan and scheme can then be presented to stakeholders as part of the consultation exercise. They can then be further amended or adjusted accordingly.

However, LTAs should bear in mind that any changes to the EP plan and scheme resulting from the consultation exercise will trigger the operator objection mechanism as set out below. This will add a maximum of 28 calendar days to the timetable, so changes should only be made if they are necessary.

All operators should be informed of the local services that are intended to proceed to ‘making’ the EP plan and scheme, what it means for them, and how to access full information (for example, through a letter, email, or a dedicated website).

This notice, as a minimum, must:

contain full details of the EP plan and scheme, or where to find it
state whether it is the intention to modify the EP as a result of the consultation exercise and, if so, that this with trigger a further operator objection process
state the period within which objections may be made - which must be at least 28 calendar days from the date of the notice

If it is the LTA’s intention to modify the EP following consultation, the notice should also provide sufficient detail of how and why the EP is being modified so that operators can take an informed decision about whether they wish formally to object.

Step 8 - LTA completes the schedule 10 test to ensure that making an EP does not restrict competition

The proposed EP must be assessed to ensure it reasonably improves passenger services without restricting competition through the ‘schedule 10 test’.

Read more about competition considerations.

All EP consultation documents should include a section in their documentation that deals with relevant competition issues and sets out:

what elements of the scheme may give rise to competition issues and what those issues are
how the LTA has addressed or proposes to address those issues to ensure that restrictions are appropriate
detail any competition issues from individual operators that remain unresolved – for example, because they were not sufficient to meet either of the operator objection criteria that otherwise prevent a plan or scheme being made or varied

LTAs should ensure that the EP scheme is reviewed if they believe that a change of circumstance means that their assessment of the competition impacts would be materially different. For example, if there was reason to believe competition would work better given the potential entry of a new and well-resourced competitor, or operators changing tactics to become more customer-responsive and innovative. Or, potentially, the benefits of the EP may not be as strong as originally anticipated and require change.

In making their assessment, LTAs should have regard to the considerations set out in the section of this guidance on competition considerations.

A summary of schedule 10 procedures can be found in the EP Manual.

Step 9 - If any changes are made to the EP plan and/or scheme, operators formally review the EP plan and/or scheme and raise any objections

Where essential changes to the EP are required following consultation, operators of local bus services can object to a modified EP plan and scheme being ‘made’ if formal objections from operators do not satisfy either of the criteria listed in Step 5 of Making a plan and a scheme. If the proposals remain unmodified after consultation, then there is no need for a further operator objection process.

If appropriate engagement has taken place, the LTA will have gained a sufficient steer during the post-consultation negotiations on a modified EP. Where necessary, further changes can be negotiated.

However, in the event that the number of objections received reaches a threshold that prevents the further notification process from proceeding, the LTA will need to urgently discuss the package of measures in the EP plan and s Scheme with their operators.

This will enable them to resolve the outstanding issues before opening the revised package for scrutiny and comment. As with objections made prior to consultation, whilst the LTA should seek to resolve as many objections as possible, it does not require all objections to be resolved. If the number of unresolved objections is not at or above the threshold to meet either of the objection criteria, then the EP plan and scheme can be made.

Step 10 - Once sufficient support has been obtained from operators, LTA to ‘make’ the EP plan and scheme and publishes notice to all operators and relevant stakeholders

It is for each LTA to determine how to obtain the appropriate internal approval mechanisms to make the EP as well as the dates that the plan and schemes take effect.

The requirements in a scheme can only come into force after the scheme is made. Therefore this date must properly consider the period from which the requirements in the scheme will enter into force and start the statutory 70-day notice period for changing registrations (28-day pre-notification + 42-day notice period).

If the LTA intends to take over the local bus service registration system from the Traffic Commissioner, a transitional period will also need to be built into the date that the scheme is made or that individual provisions under it enter into force. Where a route restriction is imposed within the EP scheme, the LTA must assume the registration function.

Read further guidance on LTAs taking over the registration function from the Traffic Commissioner.

Notice that a plan and scheme have been made

No later than 14 days after the date on which the plan and scheme have been formally made, the LTA must give notice that the plan and scheme have been made.

This notice must:

contain full details of the EP plan and scheme or where they can be expected
say whether the notice has been modified after public consultation

This notice is directed to:

Relevant stakeholders in the EP plan and scheme area

It is important that the passengers who use services in the plan and scheme area are made aware that changes to their bus services are on the way, but it is for the LTA to determine what form this notice takes.

All operators that would be affected by the scheme

It is very important that all operators whose qualifying local services would be affected by the scheme, are made aware that they may be required to make changes to their local bus services. Although the expectation is that all operators are already aware of what will happen, this cannot be guaranteed. Nor should such notice rely on general publicity as outlined above.

The LTA should write to each affected operator setting out in detail which requirements of the scheme will affect their services – using the address listed for operator licensing purposes. This notice should detail both area wide requirements (such as compliance with a multi-operator ticketing scheme) and any requirements applying to individual services – for example, route level requirements such as a frequency or timing restriction.

The Traffic Commissioners

As the scheme will be enforced through the system of local bus service registrations, it is important that the Traffic Commissioner is given early notice of the making of a scheme – especially if the LTA is obliged or has elected to take over the registration system. This is only a formal notification, and LTAs are expected to have discussed these issues with the Traffic Commissioners much earlier on in the development of the proposals at Step 6 during formal consultation.

Making more than one EP scheme

An EP plan and a number of EP schemes can be made at the same time, and all can be included in a single notice. This applies even if parts of the EP scheme or the EP scheme itself take effect at different times. For any EP scheme that is made afterwards, these notice requirements apply separately to that scheme as well.

Public information on the content of the EP plan and scheme(s)

It is important that bus operators, especially those considering entering the market or existing operators that are varying services, have easy access to comprehensive information about the requirements of an EP.

This information should be readily available – preferably on a website – and presented in a way that enables operators easily to understand what is required of them.

Question 9

Varying, postponing and cancelling an EP

Accepted Answer

Varying an EP plan or scheme

This section sets out the process to vary an element of the EP plan and/or scheme.

It includes an overview of the necessary documentation that should be included and indicates the appropriate level of consultation that needs to take place with relevant stakeholders is completed before making the variation on the ground.

The EP Manual contains a flowchart summarising key steps required in varying a EP plan or scheme along with a checklist summarising the actions required at each stage of varying, postponing or cancelling an EP.

Each step is described in detail in the following subsections:

LTA issues a notice of intention to prepare a variation to the EP plan or scheme to operators and other relevant stakeholders affected by potential variation.
LTA prepares draft variation to the EP plan or scheme.
LTA publishes a notice that a draft variation has been prepared to operators affected by potential variation.
Operators formally review the draft variation and raise any objections.
Once sufficient support has been obtained from operators, LTA publishes notice of the intention to vary the EP plan or scheme to operators and other stakeholders.
LTA completes the schedule 10 test to ensure that the variation does not restrict competition.
LTA publishes notice of intention to make the variation to operators.
LTA provides notice of making the variation to operators, traffic commissioners and relevant stakeholders.

EP schemes may be varied using a bespoke variation mechanism defined within the scheme, rather than using the statutory variation mechanism. This is set out in more detail in the sections below.

Step 1 - LTA issues a notice of intention to prepare a variation to the EP plan or scheme to operators and other relevant stakeholders affected by potential variation

A variation can result from a number of reasons.

An LTA wishing to vary a scheme cannot do so unless they are satisfied that the scheme, as varied, will contribute to the implementation of:

the policies set out in the related EP plan or the revised EP plan if it is being varied at the same time as the EP scheme
the LTAs’ local transport policies (including the local transport plan or BSIP)

The LTA must also be satisfied that the variations to the EP scheme will:

benefit passengers by improving the quality or attractiveness of bus services in the scheme area
reduce or limit traffic congestion, noise or air pollution

Operators or other stakeholders may approach an LTA with a proposal for variation. There are no conditions on what can be varied.

A variation may also arise if another LTA wishes to become part of the EP plan and scheme. When considering varying an EP plan, an LTA has a legal obligation to consider whether it is desirable to include another LTA(s) within the revised plan. If an EP scheme is varied to include another LTA, the new LTA becomes an LTA for the purpose of the EP scheme.

An LTA may wish to establish a new local authority bus company (LABCo) to help improve the bus service in their local area. Where this is the case, there is no requirement in statute that indicates introducing a LABCo automatically triggers a variation of an EP.

Instead, a variation of the EP is required only when the EP plan or scheme itself needs changing, such as altering requirements, obligations, or operational arrangements. In such a case, the LTA should consult with existing operators in the EP on that scheme variation. Guidance for establishing a new local authority bus company (LABCo) will be published in spring 2026.

The LTA must invite local bus operators to be involved in the preparation of the variation.

They should also give other stakeholders, including those that have been involved in the preparation of a plan (if the plan is being varied) and the preparation and roll-out of a scheme (if a particular scheme is being varied) notice of their intention to prepare proposals to vary it. - Authorities could also consider whether EP scheme requirements in their totality enable disabled people to travel independently and in safety and reasonable comfort before making or varying the EP scheme.

It is important that operators and other stakeholders are involved in the preparation of any variation and fully understand why the LTA is proposing it.

In the case of varying an EP scheme, there is no need to involve operators that will not be affected by the variation. However the LTA would need to include operators that are both directly affected (because it would change or impose new requirements) and indirectly affected (because the variation has knock-on effects).

Step 2 - LTA prepares draft variation to the EP plan or scheme

An existing EP scheme can be varied any number of times to include new requirements and there is no limit to how many different requirements or elements an individual EP scheme can contain.

Step 3 - LTA publishes a notice that a draft variation has been prepared to operators affected by potential variation

This notice must contain:

full details of the proposed variation
the operator objection mechanism that will apply and the period for making objections - not more than 28 calendar days for the statutory objection mechanism

The process for the statutory objection mechanism would only be completed before the 28-day objection period is complete if all relevant parties positively respond to the notice.

These details can either be set out in a letter or email (preferably both) to the affected operators, or by providing them with information about how full information can be accessed – for example, via a dedicated website.

Step 4 - Operators formally review the draft variation and raise any objections

Any objection should be made in writing, and the LTA should provide a mail and email address to where such objections should be sent – and acknowledge that an objection has been received.

Operators are encouraged to discuss their concerns with the LTA beforehand.

Only the statutory objection mechanism can apply to the variation (or revocation) of an EP plan. Where an EP scheme is being varied, only those operators that are currently required to comply with that scheme or would be required to comply with the revised scheme as varied, have the right to object. Operators not currently affected by the scheme and who would also not be affected by the scheme as varied have no right to object.

If the statutory objection mechanism is exercised, the same rules will apply as when objections take place at step 5 of Making EP plan and scheme.

Bespoke variation mechanism

Legislation includes flexibility to vary an EP scheme (though not an EP plan) to introduce new scheme content, amend existing content or revoke parts or all of a scheme. This is through the use of bespoke arrangements without the need for following the procedures otherwise required for variation set out above.

A brand new scheme would require undertaking all the procedures for introducing a new EP plan and scheme, including a ‘full’ public consultation exercise. Consequently, it is usually better to consider varying an existing EP scheme, when proposing minor amendments as opposed to introducing a completely new one. The use of the bespoke variation mechanism for significant changes is discouraged as wider changes need to be subject to a full consultation process.

To use this mechanism, the EP scheme needs to clearly set out where and how any specified bespoke variation mechanism can be used, for instance it can apply:

to make any changes to the scheme – for example, in place of the arrangements for formal variation
only when revoking all or parts of the scheme
only to specific elements of a scheme – for example, introducing, amending or revoking specific ‘facilities’, ‘measures’ or ‘standards of service’

It is for individual partnerships to decide what that objection mechanism is in place and explain how it can be used in relation to the scheme. For example, it could:

adopt the statutory objection mechanism as set out in Step 5 of Making an EP plan and scheme that are normally used when the scheme is made, varied or revoked
set out a bespoke objection mechanism that is used whenever these bespoke powers are used
set out different objection mechanisms that are used when changing parts of a scheme
provide some minor variations that could be made with little or no support from operators

If the EP is unable to reach agreement on a proposed variation / revocation using the bespoke variation mechanism, the LTA can raise the issue with the Secretary of State for Transport who has powers to disapply the bespoke objection mechanism if they believe it is delaying the delivery of schemes that would benefit bus passengers.

Step 5 - Once sufficient support has been obtained from operators, LTA publishes notice of the intention to vary the EP plan or scheme to operators and other stakeholders

If following the operator objection process, the proposed variation of the EP plan or scheme is to proceed, the LTAs are expected to give notice to other stakeholders that have been involved in the preparation of an EP plan (if the EP plan is being varied). They should also give notice to the stakeholders involved in the preparation and roll-out of an EP scheme (if a particular EP scheme is being varied) if they have prepared proposals to vary it.

All operators of local bus services in the area concerned must be formally notified as well as any other stakeholders, such as passenger groups that were involved in the making of the original scheme. At this stage, the CMA must also be formally consulted.

Step 6 - LTA completes the schedule 10 test to ensure that the variation does not restrict competition

If LTAs change the scheme or circumstances change to the extent that they believe the competition test needs to be applied again, they must do so. The CMA must also be formally consulted. This follows the same procedure described in step 8 of Making a plan and scheme.

Step 7 - LTA publishes notice of intention to make the variation to operators

This notice must:

contain full details of the variation or state where/ how they can be inspected
state whether it is a modified version of the original proposals
specify the operator objection mechanism that will apply and the period for making objections

Step 8 - LTA provides notice of making the variation to operators, Traffic Commissioners and relevant stakeholders

The notice must not be given later than 14 days after the decision is made to and be sent to the same stakeholders outlined in Step 10 of Making a plan or scheme.

The notice must contain:

full details of the variation or state where/ how they can be inspected
the date that the variation is to take effect
state whether it is a modified version of the original proposals

Postponing an element of the EP scheme

This section sets out the process to postpone an element of the EP scheme.

This is to ensure that the necessary documentation is produced and the appropriate level of consultation with relevant stakeholders is completed before postponement.

The EP Manual summarises the key steps, who is involved, the level of effort and key skills required at each stage of the process along with a checklist of the actions required to postpone an element of an EP scheme.

LTA selects a date to postpone any of the implementation dates for any elements specified in the EP scheme.
LTA carries out formal consultation with operators affected by postponement.
LTA publishes a notice, including reasons for postponement to operators, relevant stakeholders and Traffic Commissioner.

Each step is described in detail in the following subsections.

Step 1 - LTA selects a date to postpone any of the implementation dates for any elements specified in the EP scheme

The dates that can be postponed are the dates on which:

the scheme is to come into operation
a particular requirement is to be imposed under the EP scheme
any particular facilities are to be provided
any particular measures are to be taken
operators are required to comply with particular registration conditions
any conditions that must be satisfied prior to an EP scheme being revoked or varied comes into effect

Step 2 - LTA carries out formal consultation with operators affected by postponement

The LTA must consult all operators of local bus services that would be affected by the postponement of the EP scheme in question.

Step 3 - LTA publishes a notice, including reasons for postponement to operators, relevant stakeholders and Traffic Commissioner

The LTA must give notice, including the reasons for postponement, not later than 14 days after the decision is made to those listed in Step 10 of making a plan and scheme:

relevant stakeholders in the EP plan and scheme area
to all operators that would be affected by the scheme
the Traffic Commissioners

Revoking an EP

This section sets out the process to revoke the EP plan and/or scheme ensuring that the necessary documentation is produced and the appropriate level of consultation with relevant stakeholders is completed before cancelling.

The EP Manual contains a flowchart summarising the key steps required for revoking an EP, along with a checklist summarising the actions needed to complete the process of revoking an EP.

LTA gives notice of proposal to revoke the EP plan and/or scheme to all stakeholders and the Secretary of State for Transport.
LTA consults operators, the CMA and other relevant stakeholders.
LTA gives notice of intention to revoke the EP plan and/or scheme to operators.
Operators formally review the notice to revoke and raise any objections. Once sufficient support has been obtained from operators, LTA can decide to revoke the EP plan and/or scheme and issue a notice of revocation to operators, relevant stakeholders and Traffic Commissioner.

An EP scheme (but not an EP plan) can also be revoked without following formal revocation procedures - see Step 4.

Each step is described in detail in the following subsections.

An LTA or individual operators cannot unilaterally terminate an EP. It can only change or end in accordance with the requirements set out in Part II of the Transport Act 2000 and any rules laid down within it or in accordance with any other rules set out in the scheme. That gives clarity to both the LTA and the operators, both of which may be committing considerable resources to deliver their respective commitments.

Franchising authorities

For an LTA that is transitioning to franchising, Section 123 (H)(6) of the Transport Act 2000 sets out that the franchising scheme must contain provisions to revoke an EP. LTAs would need to complete a franchising assessment before revoking their EP.

The Bus Services Act 2025 has reduced the amount of time required for LTAs to franchise their bus services and has introduced further flexibilities to make franchising easier, including removing the need for Secretary of State approval, so all LTAs can access franchising powers directly.

The EP plan and scheme should be revoked immediately after a franchising scheme comes into effect covering the same area(s) as the franchising scheme area. If a franchising scheme is rolled out in phases, an EP may still need to be in place to cover services that will be franchised in later iterations. In this case, it is recommended that the existing EP is varied to a different geographical area covering these services.

Step 1 - LTA gives notice of proposal to revoke the EP plan and/or scheme to all stakeholders and the Secretary of State for Transport

An EP plan cannot be revoked without also revoking all the EP schemes that are connected with it, and all the EP schemes cannot be revoked unless the connected EP plan is also revoked. A single EP scheme (if there is more than one) can be revoked without also revoking the other EP schemes or the EP plan.

The decision to revoke (rather than vary) an EP in its entirety should not be taken lightly. Revocation of an EP without putting in place appropriate alternative arrangements for the delivery of bus objectives, (either franchising or a new EP) will result in an LTA no longer being able to access government bus grant funding.

However, there may be circumstances when it is necessary to revoke one of a number of schemes supporting the delivery of an EP plan and it is also important that the LTA and operators are not locked into an EP scheme that is not delivering for passengers. LTAs may also choose to revoke their EP plan and/or scheme in the event of a reorganisation within local government.

The LTA should give notice of their proposal to revoke an EP plan and scheme to all stakeholders that were involved in the previous stages of preparing or varying an EP plan or EP scheme. This notice should also be sent to the Secretary of State for Transport.

Step 2 - LTA consults operators, the CMA and other relevant stakeholders

The LTA must consult the following statutory consultees:

operators of local services that provide local bus services in the EP plan or scheme area that would be subject to revocation
the CMA
other persons the LTAs think fit including passenger groups/accessibility groups

LTAs are expected to consult the Secretary of State for Transport, setting out the reasons for revocation.

Step 3 - LTA gives notice of intention to revoke the EP plan and/or scheme to operators

This notice must, as a minimum, contain:

the date on which the EP plan or scheme is to be revoked
the LTA’s reasons for revocation
information on how the objection process will be conducted - will it operate under the statutory powers or a bespoke mechanism (see Step 4)
specify which operators can object to the revocation and what the objection period is – although this must not be less than 28 calendar days from the date on which the notice was sent

Step 4 - Operators formally review the notice to revoke and raise any objections

As with a decision to vary an EP plan or scheme, local bus operators running qualifying local services on the day before a notice to revoke is issued may object to the revocation. The objection process can either be a bespoke one that is included within the EP scheme, or, in its absence, the statutory objection process as described in Step 5.

The revocation of an EP plan must always use the statutory process.

Bespoke revocation arrangements

Under section 138E of the Transport Act 2000, as inserted by section 9 of the Bus Services Act 2017 an EP scheme can include bespoke arrangements or agreed triggers activated by specific events once the EP scheme is in place.

Schemes could include provisions for automatic revocation based on metrics. These can be as flexible as they need to be, provided they are subject to an operator objection mechanism – and can, again, include arrangements such as variation or revocation happening automatically.

The EP scheme can set out mechanisms and triggers that would not require either the LTA or the operators as a whole to compel the continuation of arrangements that are failing to deliver the objectives for buses in one or more areas. The specific mechanisms and triggers will vary from scheme to scheme and need to be agreed by both sides.

Alternatively, the EP scheme could be time-limited and start again from scratch to coincide with a planned revision of the EP plan or BSIP. This should be discussed in advance between the LTA and the bus operators and, if the LTA wishes to proceed, is subject to the applicable operator objection mechanism – the statutory one when the EP scheme is made and any relevant bespoke one(s) when it is varied or revoked.

Step 5 - Once sufficient support has been obtained from operators, LTA can decide to revoke the EP plan and/or scheme and issue a notice of revocation to operators, relevant stakeholders and traffic commissioner

The LTA must, no later than 14 days after the revocation date, give notice of the revocation to:

relevant stakeholders in the EP plan and scheme area
to all operators that would be affected by the EP scheme
the Traffic Commissioners

Devolution, local government reform and EPs

LTAs that form new strategic authorities should decide whether to:

revoke existing EPs and make a new EP that covers the same geographical area as the new strategic authority - in this case, they will follow the processes in Revoking an EP and Making a plan and scheme
vary one the existing EPs to include the rest of the geographical area in the new LTA and revoke other(s) - in this case, they will follow the processes in Varying an EP and Revoking an EP

Each LTA is best placed to decide which option is most suited to their local context. One possible approach is to have an EP plan covering the whole strategic authority with multiple EP schemes covering each constituent authority area. Keeping all EPs in the same form following the formation of the new strategic authority is not recommended, as this limits the ability of joined up strategic transport planning, which is a key aim of devolution.

The same advice could also apply for LTAs undergoing reorganisation within local government. Examples of this would be if an LTA is undergoing boundary changes or becomes a unitary authority before forming a strategic authority.

Question 10

Competition considerations

Accepted Answer

Role of the LTA

Competition law as it applies to bus services stem from the Competition Act 1998 but is more specifically applied to certain bus-related functions under Part 1, Schedule 10 of the Transport Act 2000.

The role of the LTA is to ensure, for all EP schemes, that an appropriate balance is struck between:

delivering tangible improvements to passengers ‘on the ground’ through the EP scheme, and
imposing any necessary restrictions on the deregulated bus market

This balance is important and before making or varying an EP plan or scheme, the LTA should undertake a formal assessment about whether, in their opinion, this balance has been achieved. This can simply be a document, produced by the LTA that explains what restrictions are being placed on the deregulated market and why, in the opinion of the LTA, those restrictions achieve the balance set out above.

The LTA has the major role in monitoring and shaping the local bus market on behalf of local people in its area. It needs to understand the role of competition rules in this process, and act as the facilitator in delivering necessary cooperation without unnecessarily restricting the underlying potential for beneficial competition. For example, operators are well placed to flexibly adapt services to meet changes in passenger requirements.

Actual or potential competition motivates operators to provide a high-quality service offering value for money. If this process is unreasonably impeded, then there is a risk of detriment to passengers. So, it is very important that the effect of a scheme on a SMO, or a prospective operator, is fully taken into account.

Competition considerations when developing an EP plan or scheme

Partnership working between LTAs and bus operators is an effective way of maximising benefits to passengers and delivering the EP plan or BSIP as well as wider policy such as LTPs.

It is very important that the development of EP plans and especially EP schemes are not conducted in a way that that is unfair to particular operators.

However, a distinction needs to be drawn between what is ‘unfair’ in the development of an EP plan or scheme and what may simply be unpopular with individual operators.

An EP scheme also imposes legal requirements on local bus services using ‘standards of service’ that it applies. Obeying these legal requirements does not breach competition law for the operators concerned, even if it involves joint working between them on matters such as timetabling.

An example of unfairness would be a LTA dealing with a particular operator or group of operators differently to others that gives those particular operators an advantage. In turn, all bus operators should engage properly with the EP process to deal with this risk. For example, if a small or medium sized operator (SMO) wishes to have the same access to engagement with the LTA as a much larger one, they have a right to do so.

LTAs should not engage differently with large operators because, for example, they feel that they can ‘get things done’ more quickly than SMOs. Some elements of an EP scheme – particularly route requirements – may require 2 or more operators to co-operate with each other. For example, it may require them to coordinate timetables. Such co-operation requires a ‘qualifying agreement’ between the operators concerned.

These agreements require the formal approval of the LTA that any such agreement meets 2 tests:

it must be in the interests of passengers using local services in the EP scheme or wider EP plan area
it must not impose restrictions that would prevent the objectives of the EP plan or scheme from being achieved

If operators are co-ordinating timetables to meet a legal requirement imposed by an EP Scheme, both tests should be met. As an EP scheme cannot prevent new operators from entering the market (provided they meet the required standards and do not breach any restrictions), there should not be any issues relating to LTAs or a group of operators (or both) seeking to co-ordinate the market.

Even where an EP scheme imposes a frequency restriction on a particular route, a new operator must be given access to that route, or all the existing registrations on that route must be cancelled.

However, this does not mean that the LTA should hesitate to include content in EP plans and schemes that may not be popular or have the backing of all operators. A key element of an EP is that the content of EP plans and schemes require only the majority of operators to agree via the objection process set out in step 5 of Making a plan and scheme. This does not mean that any objecting operators should be ignored.

If an individual operator or group of operators believes that the requirements of an EP plan or especially an EP scheme would have serious consequences for their business, they should bring this to the notice of the LTA at an early stage. It should also be remembered that the LTA will need to certify the scheme as compliant with competition law under the existing requirements at part 1, schedule 10 of the Transport Act 2000.

The CMA provides further advice for LTAs and additional examples of competition considerations of EPs.

Enhanced partnerships and competition law

The CMA recognises that passengers can benefit from effective partnerships between bus operators and LTAs. Such beneficial forms of cooperation can include better integrated networks, multi-operator ticketing schemes, integrated information management and marketing. The CMA does not want LTAs or bus operators to be deterred from introducing partnership arrangements that benefit customers but do not weaken rivalry between operators by unfounded concerns that they might breach competition law.

Retaining competition within a planned bus network

To fulfil their EP plans, LTAs and their local bus operators will working to improve local bus networks to:

improve services to passengers by integrating them better – integration between bus operators and with other forms of transport
avoid significant over and under provision of services, so that buses are appropriately spread between corridors to ensure a level of services that meets all passenger needs

LTA coordination of network planning does not inherently raise competition concerns as long as the approach taken:

works in partnership with local bus operators to build on their normal business practice of conducting network reviews
uses the EP mechanisms set out in the legislation

A planned bus network does not require competition between operators to be eliminated. Nor does it require a restrictive planning approach along the lines of an LTA determining that, for example, ‘operator A is running too many bus services in this part of the LTA geographical area and should transfer a proportion of those buses to this other geographical area that is less well served by bus services’.

Within an EP, it remains a commercial decision for individual operators about what services they offer (subject to EP standards of service). There is also nothing to prevent operators from entering new markets where the EP negotiations encourage this – particularly if it is on the back of new LTA investment, for example, in bus priorities.

Effective planning is about achieving appropriate balance between competition, cooperation, over and under provision and the use of subsidy and EP powers to deliver an overall bus network that focusses on delivering EP outcomes and is in the interest of passengers, not individual bus operators.

Allowing new entry

To ensure that network planning delivers long-term passenger benefits it is important that networks are able to evolve, and in doing so, adapt to passenger needs. This means that new operators need to be able to enter the market and existing operators should be able to propose new services to deliver outcomes. The prospect of a competitive market also plays an important and necessary role in encouraging operators to maintain the quality of their services while keeping fare levels competitive.

This also encourages innovation from potential competitors and helps to ensure that BSIP outcomes are better delivered. LTAs should therefore ensure that network planning under an EP can address the needs for new and revised services. LTAs should also consider a variety of factors such seasonal registrations when planning around entry to the network.

To allow for such necessary flexibility, CMA guidance to LTAs states that:

the network planning process should allow for rival operators to run services in competition with an existing operator where this does not result in negative outcomes such as overprovision
it is particularly important for the EP agreement to allow the provision of services to evolve if there are already restrictions in place due, for example, to congestion and pollution concerns
the commercial impact on an incumbent operator’s services should not form part of the assessment of whether another operator could establish a new service - this should solely consider passenger needs as set out in the EP plan

Dealing with overprovision of services

An EP can ensure to avoid the overprovision of services, such as incidents where two or more operators are running competing services on individual routes, all competing for the same passengers by arriving at stops at the similar times and leaving large gaps in service in-between.

But that does not mean that competition should be eliminated and a service along that route provided by only one operator. In the example above, overprovision could be dealt with by using EP powers to regulate the headways (gaps between buses), coupled with an attractive multi-operator ticket. This could deliver an accessible, attractive and frequent service on those routes.

Where the partnership concludes there are simply too many buses on a particular route, either generally or at particular times of the day, it may be necessary to use EP powers to impose limits on frequency.

The basic principle of how bus operators comply with a frequency limitation imposed by an EP is that they should ideally reach a voluntary agreement between themselves on how to change their respective schedules to meet the EP requirement. If the operators fail to do this, the EP powers require all the affected operator’s services on that route to be cancelled and that service (complying with EP requirements) to be provided under contract to the LTA. Therefore, it is in all operators’ interests to reach a voluntary agreement if they wish to continue to provide commercial services.

Read separate on the Bus Services Act 2017: local bus service registration in enhanced partnership areas - GOV.UK.

Cross-boundary services

Passenger needs do not respect LTA boundaries and individual LTAs and operators should ensure that the EP deals effectively with cross-boundary bus services in a way that does not unfairly disadvantage particular passenger groups. One example might be where a fare subsidy in an EP area allows passengers boarding at or close to the EP boundary to travel more cheaply than using a competing deregulated service running just wholly outside the EP area, or it may require passengers to pay higher fares on services running across the boundary.

EPs will need to work closely with bordering areas, including those areas that are franchised, to ensure passengers are not subjected to increased costs as they travel between boundaries.

The main point is, whether individual LTAs opt for single or joint EPs, BSIP outcomes should not prejudice cross-boundary passengers. EP plans and schemes should take full account of the needs of cross-boundary services and passengers and scheme requirements and measures should aim to avoid adverse impacts for those crossing boundaries - including through the use of exemptions from requirements where appropriate.

Risk of geographic segregation

There is a risk that operators expressing an interest in running new routes as part of network planning might increase geographic market segregation. For example, existing operators in those areas might feel threatened by a new entrant and retreat to ‘core territories’. This would reduce the effectiveness of potential and actual competition in delivering EP outcomes.

An EP does not prevent new operators from operating on new routes and competing with existing operators on them – providing they meet any applicable EP requirements. However, if LTAs suspect there is evidence of explicit market sharing or anti-competitive agreements between bus operators within an EP area, there may be scope for action under competition law – as there would be in a wholly deregulated market. Existing operators should not react in this way to a new entrant or try to reach an anti-competitive agreement with them.

Reducing operators’ risk of action on competition grounds

As commercial undertakings, bus operators are subject to normal competition law provisions to prevent practices that harm passengers’ interests, such as colluding to raise prices or geographic market sharing. If evidence is found of such behaviour, the CMA has powers to take action including imposing fines on operators of up to 10% of group turnover. Legislative mechanisms are in place to enable certain forms of closer partnership working between the LTA and bus operators.

The requirements of EP schemes are imposed by the LTA as conditions to be met by local bus service for the service to be registered. This means that bus operators that are co-ordinating timetables or accepting tickets in order to comply with an EP scheme requirement should be at a reduced risk of breaching competition law, but this needs to be considered on a case-by-case basis.

Both LTAs and operators need to remain aware how the requirements of competition law apply throughout the development and implementation of an EP plan and scheme. Both sides should therefore act fairly to all other parties. The authority has the responsibility to ensure that this happens in practice and should generally seek to resolve competition issues. The CMA can help where issues arise.

Contacting the CMA

The role of the CMA is to determine whether anti-competitive practices – which most partnership arrangements involve – are justified. If LTAs and/or their bus operators believe or are not sure whether specific proposals raise competition issues, they should contact the CMA. Operators should not contact the CMA unless they have explored their issues either at the EP board or confidentially with the LTA in the first instance.

However, if individual operator(s) remains concerned with the effect of EP proposals on the viability of their business, they should contact the CMA. Operators should not hesitate to raise concerns out of fear of damaging relations with the LTA. This is a vital safeguard and will not, for instance, negatively affect an operator’s standing with the Traffic Commissioners. Nor does it involve a complex administrative or legal process.

A simple letter setting out the operator’s detailed concerns, the resulting harm it is believed will occur to competition and/or consumer concerns and how they relate to specific EP plan or scheme proposals, is sufficient as a first step.

However, any operator intending to make a complaint to the CMA should consider informing the authority beforehand so that any subsequent inquiries by the CMA are not received unexpectedly. A complaint to the CMA does not necessarily mean that any action will be taken. It is for the CMA itself to decide what action (if any) is appropriate in response to any complaint.

Read how to contact the CMA with a complaint.

The EP Manual contains practical and theoretical examples for addressing competition considerations reflected in this section.

Question 11

Structures of an EP

Accepted Answer

Scope of an EP

An EP only applies to qualifying registered local bus services. It does not apply to coach services, community transport services or other types of road passenger transport. However, community bus services can and do provide an important contribution to meeting overall bus transport needs and delivering outcomes, especially in rural areas.

LTAs and community transport operators are encouraged to work together, and with commercial bus operators to deliver positive outcomes. Not all DRT services and no community transport services will be within scope of an enhanced partnership. Both DRT and community transport provide a vital role in meeting local transport needs as part of the wider public transport network.

In developing the EP plan and scheme LTAs and operators should consider how best to incorporate community transport and/or DRT with local services within the scope of the EP. In doing so they should refer to best practice guidance on DRT. They should also consider whether it would be appropriate to include DRT or community transport operators on the EP board.

EP board

An EP board provides strategic oversight and direction to an EP plan and EP scheme(s), ensuring work towards common goals for improving and maintaining local bus services. A successful board will encourage collaboration between LTAs, bus operators and key community representatives.

The board will make decisions based on active issues such as improvement and funding allocations and will make decisions around implementing new initiatives. The board will make decisions based on key issues such as improvement and funding allocations and will make decisions around implementing new initiatives. The EP board may need to exercise a level of flexibility as to how this is achieved in order to align with internal governance structures.

The board will engage with a wide range of stakeholders including passenger groups, local businesses, community and accessibility groups to ensure that the needs of the community are met. The EP board will also ensure that all members are accountable in their specific roles as they work to deliver the objectives of the EP.

It is up to the LTA to determine how the bus operators should be represented on the board. Careful thought needs to be given to ensure that the SMOs are properly represented. Similarly, any proposed voting structures should ensure that the views of SMOs are considered fairly.

The EP partners will need to determine how the board is chaired and serviced. It is recommended that the board should be chaired by an independent person, not directly connected with the authority or the operators, in order to ensure the board is run in a proportionate and fair manner.

To ensure the best outcomes for the local community, an EP board should be established and include:

local authority elected members and officers
representatives of large and smaller bus operators
occasionally additional advisors or guest experts invited to address a specific issue or concern

The EP board usually sets annual work programmes, reviews performance, manages variations, and meets regularly (we recommend at least quarterly). These meetings will be formally minuted, with minutes circulated within an agreed timeframe after the board takes place.

EP Forum

The EP Forum is a platform for relevant stakeholders including operators, LTAs, community representatives and passenger groups to discuss the priorities and progress of the EP.

The EP forum will act as a broader consultative body. Its membership should include:

all local operators (including community transport)
relevant local authorities and neighbouring LTAs
train or coach operators
community transport or demand responsive transport operators who operate within the EP area
a bus users and stakeholder group representing passengers and community organisations
trade union representatives
disability and accessibility groups
other relevant stakeholders - for example, health and education providers

Appropriate bus user and stakeholder groups should feed into the EP forum, ensuring the voices of passengers, disability/access groups, and other interest sectors are included. Trade union representatives should be included in EP forums as a matter of best practice, to enable strong union and bus stakeholder engagement around local needs.

The EP Manual contains examples of best practice and top tips for engaging with stakeholders and holding EP forums.

Question 12

Accountability and enforcement

Accepted Answer

A strong EP involves continuous engagement, with LTAs and operators working together and holding each other to account using the EP powers to deliver the ambitions set out in the EP plan, BSIP and the specific requirements set out in the EP scheme.

Obligations on LTAs to deliver EP scheme requirements

If an LTA or a highway authority includes any facilities or measures in an EP scheme, they have a legal obligation to:

provide the facilities and implement the measures not later than the date(s) specified in the scheme
continue to provide those facilities and take those measures throughout the life of the scheme or until a scheme is varied to remove the obligation to do so

The only exception to this rule is if:

the EP scheme is formally postponed (see Postponing an element of the EP scheme)
the LTA decides to formally postpone providing facilities or taking measures
the LTA is temporarily unable to provide a facility or take a measure due to circumstances beyond their control

If the LTA fails to provide such facilities or measures and the exceptions above do not apply, they may be subject to legal challenge.

In return for government support and funding, LTAs are expected to play an active role in meeting requirements set out in the EP scheme, via partnership working, with the EP process and to deliver EP outcomes.

Obligations on operators to comply with scheme requirements

All local bus services must have their particulars (for example, route and timetable) registered with the registration authority. This is usually the Traffic Commissioner, but it could also be the LTA if they take on the registration function.

Once an EP is made by the LTA, the standards of service that operators must comply with become conditions of registration.

An operator of a qualifying local service must, when registering or varying a local bus service with the registration authority, give an undertaking that they will comply with the requirements of the EP that apply to that particular service. If the operator does not give the undertaking, the registration authority can refuse the registration.

If the operator does give an undertaking but then does not comply with it in practice, the registration authority can take proportionate enforcement action against them which can include financial penalties, and in extreme cases, cancelling the registration. The Transport Act 2000 contains powers enabling the LTA to become the registration authority for services that operate wholly within the EP area.

This allows them to process registrations of new services in that area, agree to variations of existing registrations and also to cancel registrations where the operator is demonstrably not complying with the requirements of the EP scheme that apply to that registration. The registration authority (including the LTA if it has taken on the powers) can also monitor the performance of those local services (for example, by analysing real-time data) to ensure that services are operating in accordance with the registration.

Any route requirements which impose frequency limitations on a particular corridor could raise particular compliance challenges. The legislation makes specific provisions to deal with this situation.

Read further guidance on the Bus Services Act 2017: local bus service registration in Enhanced Partnership areas.

In addition, the LTA must inform a traffic commissioner of any operator failing to take reasonable steps to comply with information requests. The Traffic Commissioner has powers to take action against operators who have failed to comply with a request for information.

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Applies to England

Introduction

What is an enhanced partnership?

Context of new guidance

Enhanced partnership review

What this guidance covers

The Bus Services Act 2025

Bus service improvement plans

LTAs transitioning to franchising

Enhanced partnership plans

What is an enhanced partnership plan?

Aims of ‘the government’s vision for buses and approach to delivery’.

The relationship between an EP plan and BSIP

EP plan content

Enhanced partnership schemes

What is an EP scheme?

Geographical scope

Which services are in scope

How to present an EP scheme

Facilities

Measures

Role of highway and other authorities

Requirements on operators under the EP scheme

Socially necessary local services

The socially necessary local services measure

Local transport authority requirements under the measure

Establishing and maintaining the list of socially necessary local services

Gathering data to support decision-making

Reviewing and evaluating the results of the data

Drawing up the list and including it as part of the EP plan

Varying the EP scheme to include the requirements that will be followed in the event any service on the list is cancelled or substantially varied

Regularly reviewing the list of socially necessary services

Implementing the socially necessary local services measure

Mitigations to the cancellation or material variation of a bus service

Transfer of socially necessary services information to a new service provider following a change in bus operator

Minimum standards

Minimum standards for EPs as conditions of future bus funding

Implementation of new minimum standards

EPs transitioning to franchising

Minimum standards for all EPs

Maintain baseline LTA bus spending

Promoting concessionary travel

Reinvestment of savings from bus priority measures

Multi-operator information provision

Bus passenger charter

Multi-operator ticketing

Outcomes and output data publication

Common timetable change dates

Consideration of the needs of disabled people

Enforcement of bus priority infrastructure

Maintenance of bus infrastructure

Ticketing and accessibility requirements in an EP scheme

Ticketing

Ticketing requirements included in an EP scheme

Contactless multi-operator ticketing

Pricing multi-operator ticketing

How passengers pay and evidence of entitlement to travel

Marketing of ticketing products

Accessibility requirements

Providing accessible services

Setting accessibility requirements

Supporting an Accessible Travel Charter

Consideration of EP scheme impact on disabled people

Public Sector Equality Duty

Further EP scheme content

Further EP scheme considerations

Modern buses, decarbonisation and air quality

Personal safety

Network co-ordination and route requirements

Bus punctuality, reliability and journey times

Impacts on small and medium sized operators

Arrangements for reviewing a plan or scheme

Making a plan and scheme

Step 1: LTA publishes a notice of intention to make an EP

Step 2: LTA requests specified information about local bus services that operate either within or into the EP area from operators

How and when a local service operated by an operator is used by passengers once the EP has been made or varied

The structure of fares for journeys on the local service

The types of tickets used by passengers, and by particular types of passenger, on the local service

The time taken for journeys, and parts of journeys, on the local service including information about adherence to timetables at all times or at certain times of the day