Bus Services Act 2025

In section 123A (franchising schemes), for subsection (4) substitute—

“(4)

In this Part “franchising authority” means a local transport authority whose area is in England.”

In section 123H of the Transport Act 2000 (making and publication of scheme), after subsection (2A) (inserted by section 2 of this Act) insert—

“(2B)

Local services may be specified for the purposes of subsection (2)(b)—

(a)

by reference to the routes or places intended to be served,

(b)

by describing the intended services in general terms,

(c)

by any combination of the ways specified in paragraphs (a) and (b) of this subsection, or

(d)

in such other way as the authority or authorities think fit so as to enable the intended services to be identified.”

After subsection (5) insert—

“(5A)

If the application is for a service permit for a cross-boundary service, the authority or authorities may grant the permit applied for if they are satisfied that—

(a)

the benefits to persons making journeys on the proposed service will outweigh any adverse effect on any local service that is provided under a local service contract in the area to which the scheme relates, or

(b)

the benefits of the proposed service to the economy of the relevant area, or to persons living in that area, will outweigh any such adverse effect.

(5B)

If the application is for a service permit for a service that is not a cross-boundary service, the authority or authorities may grant the permit applied for if they are satisfied that the benefits of the proposed service to the economy of the area to which the scheme relates, or to persons living in that area, will outweigh any adverse effect on any local service that is provided under a local service contract in that area.”

After subsection (7) insert—

“(8)

In this section—

“cross-boundary service”, in relation to a franchising scheme, means a service that—

(a)

has one or more stopping places in the area to which the scheme relates, and

(b)

has one or more stopping places outside that area;

“relevant area”, in relation to a cross-boundary service, means the combined area of each—

(a)

local transport authority,

(b)

council in Scotland, and

(c)

Transport Partnership created under the Transport (Scotland) Act 2005,

in which the service has a stopping place.”

In section 123J (effect of local service contracts: registration requirements and provision of services), after subsection (4) insert—

“(4A)

Subsection (2) does not apply in relation to a local service which is provided under a service permit.”

In section 123P (service permits), after subsection (2) insert—

“(3)

The authority or authorities must inform a traffic commissioner of the grant of a service permit under this section.”

After section 123P insert—

“123PARegistration exemption for services provided under service permits

(1)

The franchising authority operating a franchising scheme, or the franchising authorities operating such a scheme acting jointly, may grant an exemption from registration in respect of any local service which is, or class of local services which are, provided under a service permit in the area to which the scheme relates.

(2)

Where such an exemption has effect, sections 6 to 9 of the Transport Act 1985 (registration of local services) do not have effect in relation to the service, or class of services, so far as operated in that area.

(3)

The franchising authority or authorities may vary or revoke an exemption granted by them under this section.

(4)

Where an exemption is granted, varied or revoked under this section, the franchising authority or authorities must—

(a)

publish, in such manner as they think fit, details of the grant, variation or revocation of the exemption, and

(b)

before the end of the period of 14 days beginning with the day on which the exemption is granted, varied or revoked, inform a traffic commissioner of the grant, variation or revocation of the exemption.”

In section 123S (revocation and suspension), after subsection (2) insert—

“(2A)

The franchising authority or authorities must inform a traffic commissioner of the revocation or suspension of a service permit under this section.”

In section 123V(1) (transitional provision about schemes), after paragraph (b) insert—

“(ba)

the application of section 123PA in relation to services or classes of services (registration exemption for services provided under service permits),”.

After subsection (7) insert—

“(8)

A service falls within this subsection if it is a local service provided under an agreement entered into, where a service for the carriage of passengers by railway or tramway has been temporarily interrupted—

(a)

under section 40 of the Railways Act 2005 (substitute road services), or

(b)

with the person who usually provides the railway or tramway service.”

For subsection (1) substitute—

“(1)

A franchising authority, or two or more franchising authorities acting jointly, may not proceed with a proposed franchising scheme unless they have obtained a report from an independent approved person on the assessment of the proposed scheme (see section 123B).”

For subsection (3) substitute—

“(3)

The Secretary of State must issue guidance as to—

(a)

the time at which it is appropriate to appoint an approved person to produce a report for the purposes of subsection (1), and

(b)

the matters to be taken into account by a franchising authority when selecting such a person, including for the purposes of determining whether a person is independent.”

For subsections (7) and (8) substitute—

“(8)

In this section “approved person” means a person specified, or of a description specified, in regulations made by the Secretary of State.”

After section 123M insert—

“123MAVariation of scheme: supplementary

(1)

Subsections (2) to (10) of section 123H apply in relation to a franchising scheme varied in accordance with section 123M as they apply in relation to a franchising scheme made in accordance with subsection (1) of section 123H, but subject to subsection (2) of this section.

(2)

Where the variation of the scheme adds to the scheme area the scheme must specify, in addition to the information previously specified under section 123H(2)(c) and (d), the date and minimum period to be specified in relation to local service contracts relating to local services to be provided in the additional area.

(3)

In Schedule 9A—

(a)

Parts 1 and 2 contain provision about the procedure to be followed when varying the area specified under section 123H(2)(a) in the scheme, and

(b)

Part 3 contains provision about the procedure to be followed when making certain other variations of the scheme.

(4)

For the purposes of this section and Schedule 9A—

(a)

a variation of a franchising scheme “adds to the scheme area” if it involves adding an area to the area specified under section 123H(2)(a) in the scheme, and

(b)

“the additional area” is the area added.”

In section 162(1) (interpretation of Part 2), at the appropriate place insert—

““council in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,”.

After regulation 16 insert—

“Direct award of bus contracts to incumbent operators16A.

(1)

A franchising authority, or two or more franchising authorities acting jointly, may make a direct award of a public service contract where—

(a)

the contract is a local service contract in relation to a franchising scheme,

(b)

no local services provided in the area to which the contract relates are provided under a local service contract, and

(c)

the award is made to a public service operator who, throughout the period of three months ending with the day on which the contract is entered into, is providing local services which are the same as, or substantially similar to, the local services to which the contract relates.

(2)

Where a franchising authority makes a direct award of a public service contract under this regulation, it must, within six months of granting the award, and while ensuring the protection of commercially sensitive information and commercial interests, publish a notice on its website which—

(a)

sets out the information specified in paragraph (3), or

(b)

where any of the information in paragraph (3) has already been published (whether under regulation 23 or otherwise), provides details of where that information can be accessed,

and, where the award is made by two or more franchising authorities acting jointly, the notice must be published on each authority’s website.

(3)

The information referred to in paragraph (2) is—

(a)

the name of the public service operator, its ownership and, if relevant, the name of the party or parties exercising legal control,

(b)

the duration of the public service contract,

(c)

a description of the passenger transport services to be performed,

(d)

a description of the parameters of the financial compensation,

(e)

information about any quality targets, such as punctuality and reliability and any applicable rewards and penalties, and

(f)

information about any targets or requirements intended to protect the environment or to ensure local services are accessible and inclusive.

(4)

In this regulation, each of the following terms has the same meaning as in Part 2 of the Transport Act 2000—

“franchising authority”;

“franchising scheme”;

“local service”;

“local service contract”.”

In section 138C (requirements in respect of local services), after subsection (9) insert—

“(9A)

An enhanced partnership scheme must—

(a)

specify requirements that apply where the operator of a socially necessary local service listed as required by section 138A(3)(ba) proposes—

(i)

to cancel a registration under section 6 of the Transport Act 1985 in relation to the service, or

(ii)

to vary the registration in such a way as is likely to have a material adverse effect on the ability of passengers to access the goods, services, opportunities or activities mentioned in section 138A(15)(a) in relation to the service;

(b)

require a local transport authority or authorities, having been notified of a proposed cancellation or a proposed variation which is likely to have such an effect, to consider whether any alternative arrangements may be made so as to mitigate that effect.”

After section 138C (requirements in respect of local services) insert—

“138CARequirements enabling travel by persons with disabilities

(1)

An enhanced partnership scheme may specify under section 138A(5)(b) requirements about enabling persons with disabilities to travel on local services independently, and in safety and reasonable comfort.

(2)

The requirements may include requirements about securing alternative means for the carriage of a person with a disability where—

(a)

the person cannot travel on a public service vehicle being used to provide a local service because the vehicle’s wheelchair space is occupied and cannot be vacated readily, and

(b)

it is possible for the person, together with any wheelchair, mobility aid or assistance dog which the person has with them, to be carried in safety and reasonable comfort to the person’s intended destination by a taxi or private hire vehicle.

(3)

Before making an enhanced partnership scheme, a local transport authority must consider whether the requirements proposed to be specified in the scheme will enable persons with disabilities to travel independently, and in safety and reasonable comfort, on local services that have one or more stopping places in the area to which the scheme relates.

(4)

In this section—

“assistance dog” has the meaning given by section 173(1) of the Equality Act 2010;

“mobility aid” has the meaning given by section 164A(6) of that Act;

“persons with disabilities” means persons who have a disability within the meaning given by section 6 of that Act.”

In section 138F(6) (consultation), after paragraph (b) insert—

“(ba)

such persons with disabilities (within the meaning given by section 6 of the Equality Act 2010) who are users or prospective users of local services, or such organisations appearing to the authority or authorities to be representative of such persons, as they think fit,”.

In section 138K (variation), after subsection (8) insert—

“(9)

Before varying an enhanced partnership scheme, a local transport authority must consider whether the requirements proposed to be specified in the scheme as varied will enable persons with disabilities to travel independently, and in safety and reasonable comfort, on local services that have one or more stopping places in the area to which the scheme as proposed to be varied relates.

(10)

In this section “persons with disabilities” means persons who have a disability within the meaning given by section 6 of the Equality Act 2010.”

In subsection (8), for paragraph (b) substitute—

“(b)

provision for the information to be provided to a traffic commissioner.”

After subsection (1) insert—

“(1A)

Regulations under subsection (1)(b) may, in particular, make provision about whether or not a person authorised to act as an inspector by a relevant authority may act in that capacity in relation to a relevant local service—

(a)

at times when the public service vehicle used to provide the service is outside the area of the authority (including when the vehicle is in Wales or Scotland);

(b)

which does not have a stopping place in the area of the authority.”

For subsection (4) substitute—

“(4)

In this section and section 25 “inspector”, in relation to a public service vehicle, means—

(a)

a person authorised to act as an inspector by the holder of the PSV operator’s licence under which the vehicle is being used, and

(b)

in the case of a vehicle being used to provide a relevant local service, a person authorised to act as an inspector by a relevant authority.

(4A)

In this section—

“relevant authority” means—

(a)

a local transport authority (within the meaning given by Part 2 of the Transport Act 2000) whose area is in England, or

(b)

Transport for London;

“relevant local service” means a local service which has one or more stopping places in England;

“stopping place” has the same meaning as in the Transport Act 1985.”

In the Transport Act 2000, before the italic heading preceding section 145A insert—

“Local transport authority byelaws

144APower of local transport authorities to make bus byelaws

(1)

A local transport authority whose area is in England, or two or more such authorities acting jointly, may make byelaws regulating one or more of the following—

(a)

travel on their local services;

(b)

the maintenance of order—

(i)

on their local services;

(ii)

at bus facilities in their area or combined area;

(c)

the conduct of persons—

(i)

while travelling on their local services;

(ii)

using bus facilities in their area or combined area.

(2)

The byelaws may, in particular, make provision—

(a)

with respect to tickets and other things (whether in physical or electronic form) which authorise a person to enter and travel on local services;

(b)

with respect to the evasion of payment of fares or other charges;

(c)

with respect to interference with, or obstruction of, local services and bus facilities;

(d)

prohibiting vaping by persons on local services;

(e)

prohibiting smoking and vaping by persons at bus facilities;

(f)

with respect to the prevention of nuisance.

(3)

The byelaws may provide that a person contravening them is guilty of an offence and liable, on summary conviction, to a fine not exceeding—

(a)

level 3 on the standard scale, or

(b)

such lower level or lower amount as is specified in the byelaws.

(4)

In this section—

(a)

references to the local services of a local transport authority or authorities are to local services—

(i)

provided under local service contracts entered into by the authority or authorities under a franchising scheme, or

(ii)

to which an enhanced partnership scheme made by the authority or authorities relates;

(b)

“bus facility” means—

(i)

premises used as a bus station by local services, or for the provision of associated facilities in relation to such a bus station;

(ii)

a bus shelter and the land on which it stands;

(c)

“bus station” and “associated facilities” in relation to a bus station have the same meanings as in the Transport Act 1985 (see section 83(5) of that Act);

(d)

“bus shelter” means a shelter or other accommodation provided at a stopping place for the use of persons intending to travel on local services.

144BByelaws: procedure

(1)

Where a local transport authority or authorities propose to make byelaws under section 144A, they must—

(a)

publish a copy of the proposed byelaws on their website or websites, and

(b)

publish on their website or websites and in one or more local newspapers circulating in the authority’s or authorities’ area or combined area a notice of the proposal to make byelaws.

(2)

The notice must—

(a)

state the manner in which a printed copy of the proposed byelaws will be open to public inspection,

(b)

in the case of a notice published in a newspaper, give details of the website or websites where a copy of the proposed byelaws can be found, and

(c)

state that any person affected by the proposed byelaws may make representations about them to the authority or authorities within the period specified in the notice.

(3)

The period specified for the purposes of subsection (2)(c) must be a period of at least 28 days beginning with the day after that on which the notice is published.

(4)

The local transport authority or authorities must not submit the byelaws for confirmation unless they have considered the representations that have been made to them.

(5)

The Secretary of State may—

(a)

confirm (with or without modifications) the byelaws submitted for confirmation, or

(b)

refuse to confirm them.

(6)

The Secretary of State may fix a date for the coming into force of any byelaws confirmed under subsection (5)(a); but if no such date is fixed the byelaws come into force at the end of the period of 28 days beginning with the day after that on which they are confirmed.

(7)

The power to make byelaws under section 144A includes the power to make byelaws amending or revoking byelaws made under that section.

(8)

The Secretary of State may by regulations revoke byelaws made under section 144A.

144CByelaws: copies and evidence

(1)

If the Secretary of State has confirmed byelaws made under section 144A, the local transport authority or authorities which made them must print copies of the byelaws, of which—

(a)

at least one must be kept at the authority’s principal office or at each of the authorities’ principal offices,

(b)

one must be sent to the Secretary of State, and

(c)

one must be supplied to any person who requests it, on payment by the person of such reasonable charge as the authority or authorities may determine.

(2)

The authority or authorities must publish on their website or websites—

(a)

a copy of the byelaws, and

(b)

a notice stating—

(i)

that the byelaws have been confirmed and when they come into force,

(ii)

where printed copies of the byelaws can be inspected, and

(iii)

how printed copies of the byelaws can be obtained.

(3)

The production of a printed copy of byelaws which is indorsed with a certificate—

(a)

stating one or more matters specified in subsection (4), and

(b)

purporting to be signed by an officer of a local transport authority by whom the byelaws purport to have been made,

is evidence of what is stated in the certificate.

(4)

Those matters are—

(a)

that the byelaws were made by the local transport authority or authorities,

(b)

that the copy is a true copy of the byelaws,

(c)

that the byelaws were confirmed by the Secretary of State on the date specified in the certificate, and

(d)

the date of the coming into force of the byelaws.

144DPowers of authorised persons in relation to byelaws

(1)

An authorised person may—

(a)

issue a fixed penalty notice (see section 144E) to anyone who that person has reason to believe has committed an offence under—

(i)

byelaws under section 144A, or

(ii)

this section;

(b)

require a person whom the authorised person reasonably suspects of committing or attempting to commit an offence under byelaws under section 144A to do one or both of the following—

(i)

to give their name and address;

(ii)

to leave any vehicle or premises in relation to which the byelaws apply.

(2)

An authorised person may use reasonable force to remove a person who has failed to comply with a requirement under subsection (1)(b)(ii).

(3)

A person who fails to comply with a requirement under subsection (1)(b) commits an offence and is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(4)

The Secretary of State may issue guidance about the exercise of functions under this section and section 144E, and local transport authorities whose areas are in England and authorised persons must have regard to the guidance when exercising those functions.

(5)

The Secretary of State may at any time vary or revoke guidance issued under subsection (4).

(6)

The Secretary of State must publish—

(a)

guidance issued under subsection (4), and

(b)

any variation or revocation of the guidance.

(7)

In this section “authorised person” means a person authorised for the purposes of this section by the local transport authority or authorities which made the byelaws.

144EFixed penalty notices

(1)

A fixed penalty notice issued under section 144D is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the person specified in the notice.

(2)

Where a person is issued with a fixed penalty notice in respect of an offence—

(a)

no proceedings may be taken for the offence before the end of the period of 14 days following the date of the notice;

(b)

the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(3)

A fixed penalty notice must—

(a)

give reasonably detailed particulars of the circumstances alleged to constitute the offence;

(b)

state the period during which (because of subsection (2)(a)) proceedings will not be taken for the offence;

(c)

specify the amount of the fixed penalty;

(d)

state the name and address of the person to whom the fixed penalty may be paid;

(e)

specify permissible methods of payment.

(4)

An amount specified under subsection (3)(c) must not be more than £100.

(5)

A fixed penalty notice may specify two amounts under subsection (3)(c) and specify that, if the lower of those amounts is paid within a specified period (of less than 14 days), that is the amount of the fixed penalty.

(6)

Whatever other method may be specified under subsection (3)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name and address is stated under subsection (3)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(7)

Where a letter is sent as mentioned in subsection (6), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(8)

In any proceedings, a certificate that—

(a)

purports to be signed by or on behalf of the chief finance officer of the local transport authority concerned, and

(b)

states that payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

(9)

In this section “chief finance officer”, in relation to a local transport authority, means the person with responsibility for the authority’s financial affairs.”

After section 144E (inserted by section 28 of this Act) insert—

“Training of staff

144FTraining about crime and anti-social behaviour

(1)

The holder of a PSV operator’s licence must ensure that the training requirement is fulfilled in relation to any person who—

(a)

drives a public service vehicle being used under the licence to provide a local service, or

(b)

on behalf of the holder of the licence deals directly with—

(i)

passengers travelling on vehicles being used under the licence to provide local services, or

(ii)

issues related to such passengers.

(2)

The training requirement is that, within the past five years, the person has completed training the aim of which is to assist the person to identify, respond appropriately to and, where safe to do so, prevent—

(a)

criminal offences that would cause a victim or potential victim of the offence to fear for their personal safety, and

(b)

anti-social behaviour, within the meaning given by section 29(1) of the Anti-social Behaviour Act 2003.

(3)

The Secretary of State may by regulations require holders of PSV operators’ licences—

(a)

to keep such records relating to their compliance with the requirements of this section as are specified or described in the regulations,

(b)

to publish, in such manner and at such times as the regulations specify, such information relating to their compliance with the requirements of this section as is specified or described in the regulations, and

(c)

to provide to the Secretary of State such information relating to their compliance with the requirements of this section as the Secretary of State may require.

(4)

The Secretary of State may issue guidance about compliance with the requirements of this section and of regulations made under it.

(5)

The Secretary of State may at any time vary or revoke guidance issued under subsection (4).

(6)

The Secretary of State must publish—

(a)

guidance issued under subsection (4), and

(b)

any variation or revocation of the guidance.

144GApplication of training requirement: services in Wales

(1)

Subsections (1) and (2) of section 144F apply in relation to a local service which has one or more stopping places in Wales only if regulations made by the Secretary of State so provide.

(2)

But the regulations may not provide for those subsections to apply in relation to—

(a)

a local service that is provided in fulfilment of a duty imposed on the Welsh Ministers by an Act of Senedd Cymru, or

(b)

a local service to the extent that it is provided in Wales under a permit granted by the Welsh Ministers under an Act of Senedd Cymru.”

In section 155 (sanctions), after subsection (1ZD) insert—

“(1ZDA)

Where a traffic commissioner is satisfied that the holder of a PSV operator’s licence has, without reasonable excuse, failed to comply with a requirement of section 144F or of regulations made under that section, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).”

In Article 3 (definitions), at the end insert—

“(y)

“local service” means a local service within the meaning given by the Transport Act 1985.”

In regulation 8, after paragraph (1) insert—

“(1A)

Paragraph (1) does not apply in relation to the enforcement of the requirements of paragraph 1 of Article 16 of Regulation 181/2011 as they apply to a terminal managing body by virtue of paragraph 1A of that Article, and the designated body responsible for the enforcement of those requirements as they so apply is a traffic commissioner who is subject to the duty in regulation 10A(1) of these regulations in relation to those requirements.

(1B)

The enforcement authority in relation to the requirements of regulations made under section 36 of the Bus Services Act 2025 is a traffic commissioner who is subject to the duty in regulation 10A(1) of these regulations in relation to those requirements.”

After regulation 10 insert—

“Enforcement: disability training and information10A.

(1)

It is the duty of a traffic commissioner to exercise the powers available to the commissioner under these regulations and any other enactments in such manner as may be necessary or expedient in the opinion of the commissioner to remedy or avoid any contravention of—

(a)

the requirements of paragraph 1 of Article 16 of Regulation 181/2011 as they apply by virtue of paragraph 1A of that Article;

(b)

the requirements of regulations made under section 36 of the Bus Services Act 2025.

(2)

If a traffic commissioner is satisfied that a carrier or terminal managing body has, without reasonable excuse, contravened any such requirement, the traffic commissioner may impose a penalty on the carrier or terminal managing body.

(3)

Paragraphs (6) to (8), (10) to (12) and (14) to (16) of regulation 10 apply in relation to the imposition of a penalty under this regulation on a carrier or terminal managing body as they apply in relation to the imposition of a penalty under paragraph (4)(b)(ii) of that regulation on a relevant person.”

After section 151 insert—

“Zero-emission vehicles

151AUse of zero-emission vehicles for local services in England

(1)

The operator of a service that falls within subsection (2) may not use a vehicle that falls within subsection (3) to provide the service in England.

(2)

A service falls within this subsection if it is—

(a)

a local service which has one or more stopping places in England and which—

(i)

is registered under section 6 of the Transport Act 1985, or

(ii)

is not required to be registered under that section because of section 123J(2) or an exemption granted under section 123PA(1), or

(b)

a London local service (within the meaning given by section 179 of the Greater London Authority Act 1999).

(3)

A vehicle falls within this subsection if—

(a)

it is constructed or adapted to carry both seated and standing passengers, with the number of seated passengers being more than 22 (determined in accordance with regulations made under section 26 of the Public Passenger Vehicles Act 1981),

(b)

it is first registered under the Vehicle Excise and Registration Act 1994 on or after a date specified in regulations made by the Secretary of State, and

(c)

the tailpipe emissions from it include any of the following—

(i)

carbon dioxide;

(ii)

carbon monoxide;

(iii)

hydrocarbon;

(iv)

nitrogen oxide;

(v)

particulates.

(4)

The Secretary of State may by regulations—

(a)

specify descriptions of document that may be relied on in order to determine for the purposes of this section what is included in the tailpipe emissions from a vehicle,

(b)

specify descriptions of vehicle in relation to which subsection (1) does not apply, and

(c)

specify local services or descriptions of local service in relation to which subsection (1) does not apply.

(5)

The date specified under subsection (3)(b) may not be before 1 January 2030.”

In section 155 (sanctions), after subsection (1ZDA) (inserted by section 34 of this Act), insert—

“(1ZDB)

Where a traffic commissioner is satisfied that the operator of a local service has, without reasonable excuse, operated the local service in contravention of section 151A(1) of this Act, the traffic commissioner may make one or more orders under subsection (1A)(a) or (d).”

Before the italic heading preceding section 36 insert—

“Zero-emission vehicles

35BUse of zero-emission vehicles for local services

(1)

The operator of a service that falls within subsection (2) may not use a vehicle that falls within subsection (3) to provide the service in Scotland.

(2)

A service falls within this subsection if it is a local service which has one or more stopping places in Scotland and which—

(a)

is registered under section 6 of the 1985 Act, or

(b)

is not required to be registered under that section because of section 13B(1)(a).

(3)

A vehicle falls within this subsection if—

(a)

it is constructed or adapted to carry both seated and standing passengers, with the number of seated passengers being more than 22 (determined in accordance with regulations made under section 26 of the Public Passenger Vehicles Act 1981),

(b)

it is first registered under the Vehicle Excise and Registration Act 1994 on or after a date specified in regulations made by the Scottish Ministers, and

(c)

the tailpipe emissions from it include any of the following—

(i)

carbon dioxide;

(ii)

carbon monoxide;

(iii)

hydrocarbon;

(iv)

nitrogen oxide;

(v)

particulates.

(4)

The Scottish Ministers may by regulations—

(a)

specify descriptions of document that may be relied on in order to determine for the purposes of this section what is included in the tailpipe emissions from a vehicle,

(b)

specify descriptions of vehicle in relation to which subsection (1) does not apply, and

(c)

specify local services or descriptions of local service in relation to which subsection (1) does not apply.

(5)

The date specified under subsection (3)(b) may not be before 1 January 2030.”