Section 86 — Consent requirement for services resembling buses

(1) Subsection (2) applies where—

(a) the appropriate national authority proposes to grant a permit, and

(b) under the proposed permit, an automated passenger service may be provided that would, if section 83 did not apply, be subject to bus franchising restrictions.

(2) The appropriate national authority may not grant the permit without the consent of each relevant franchising body.

(3) A service is “subject to bus franchising restrictions” if it is a local service within the meaning of section 2 of the Transport Act 1985, and—

(a) it is provided in Greater London,

(b) it is provided in an area in England covered by a franchising scheme and is not exempt from the scheme, or

(c) it is provided in an area in Scotland covered by a franchising framework and is not exempt from the framework.

(4) In subsection (2), “relevant franchising body” means—

(a) where subsection (3)(a) applies, Transport for London;

(b) where subsection (3)(b) applies, the franchising authority or authorities operating the scheme;

(c) where subsection (3)(c) applies, the local transport authority by which the framework was made.

(5) A relevant franchising body is to be taken to have given consent under subsection (2) if—

(a) the appropriate national authority requests consent in writing, and

(b) within the relevant period, the body either—

(i) fails to give or refuse consent, or

(ii) refuses consent but fails to give written reasons for doing so.

(6) For the purposes of subsection (5), “the relevant period” is the period of six weeks beginning with the day on which the request is made.

(7) In this section— “franchising authority” has the same meaning as in Part 2 of the Transport Act 2000 (see section 123A(4) of that Act); “franchising framework” means a framework made under section 13A of the Transport (Scotland) Act 2001 (asp 2); “franchising scheme” means a scheme made under section 123A(1) of the Transport Act 2000; “local transport authority” has the same meaning as in the Transport (Scotland) Act 2001 (asp 2) (see section 82(1) of that Act).

(8) For the purposes of subsection (3)—

(a) a service is exempt from a franchising scheme if it is of a class that is excepted from regulation arising because of the scheme (see section 123H of the Transport Act 2000);

(b) a service is exempt from a franchising framework if it is of a description that is exempted from the framework (see section 13D(2) of the Transport (Scotland) Act 2001 (asp 2)).