Bus Back Better, Boris's bus strategy for England, came out recently. At first glance it seems to give local transport authorities more control over their bus services. But it comes with a catch.
The catch is that if a Local Transport Authority (LTA) wants to continue receiving the COVID-19 Bus Services Support Grant (CBSSG), they have until June to make a major decision. They have to either to commit to set up an Enhanced Partnership with bus operators or start the statutory franchising process by June this year. That's a tricky decision to make at any time. Even trickier when local elections in May might lead to a change of council colour and little time for the cabinet to consider bus policy before the end of June.
Some good news is that franchising is now a real option for all LTAs. Although only Mayoral Combined Authorities (MCAs) have automatic franchising powers, the strategy says "We will support any LTA which wishes to access franchising powers, and which has the capability and intention to use them at pace to deliver improvements for passengers." If you are considering going down the franchising route, we are working with several public bodies on assessments around franchising and ways to make the process simpler and affordable. It doesn't have to be as complicated as you might think.
Here's what needs to happen when:
End June 2021 – LTAs must commit to establishing Enhanced Partnerships or start the franchising process if they want to continue receiving the CBSSG. There will be updated guidance on Enhanced Partnerships and updated guidance on franchising schemes in the coming weeks.
End October 2021 – LTAs must publish a local Bus Service Improvement Plan. This will set out how they will use their Enhanced Partnership or franchising scheme to deliver an ambitious vision for travel by bus, meeting the goals and expectations in the Strategy and driven by what passengers and would-be passengers want in their area. (There is more information on what Bus Service Improvement Plans should contain on pages 41-42 of the Strategy).
April 2022 – Enhanced Partnership to be in place, or LTA must be following the statutory franchising process (it is recommended to do an Enhanced Partnership in the meantime as franchising can take a long time).
From April 2022 - only services operated or measures taken under an Enhanced Partnership or franchising scheme will be eligible for the new funding streams or even for the existing Bus Services Operating Grant (BSOG), subject to consultation (more on this below).
LTAs need to act quickly and get their Bus Service Improvement Plans drawn up to capitalise on the funding that's available, or they risk losing it. There is a real opportunity here for LTAs to pool their resources and work together across wider areas and we can help put you in touch with other LTAs. We can work with LTAs to help you understand the relevant legal guidance and the obligations that come with the BSIPs, as well as the statutory guidance on Enhanced Partnerships and franchising schemes, where we have already been advising several authorities. Please do get in touch with one of us.
The fact that there is an actual bus strategy is positive. It recognises the importance of the humble bus as the main mode of public transport. The strategy indicates that there is expected to be some changes to the guidance on managing the franchise process, although it is not clear how the flaws in the process which make it overly complex and open to challenge will be managed or altered. However, by stimulating engagement with the franchising process, alongside the potential of changes to the process for implementing Enhanced Partnerships, it will bring those issues to the fore and hasten a solution; whilst hopefully bringing improvements to bus services in the short term
