Legal expert: Bus plans could boost Enhanced Partnerships

Revised Department for Transport (DfT) guidance which accompanies the Bus Services Bill in England, which was published last month, could lead to the development of “more impactful Enhanced Partnerships”, an expert in transport law believes.

The highly anticipated Bill, which had its second reading in the House of Lords on 8 January, is focused on making it easier for local authorities to purse bus franchising.

However, Frank Suttie, Director of law firm Freeths, believes moves towards reregulation could as a by-product create more productive relationships between operators and local authorities.

Mr Suttie, whose specialisms include transport, says: “The most significant development is likely to come not from the Bill but from DfT’s revised guidance for Enhanced Partnerships.

“What we found interesting about the proposals is greater emphasis upon the development of more impactful Enhanced Partnerships.

“Authorities will now be expected to work over a three-month period to build up a potential partnership solution before commencing a franchising process.

“So, even where franchising is appropriate, it’s conceivable that some authorities will stop short of moving into developing a franchising assessment, having had meaningful dialogue with operators.”

The Freeths Director believes the positives for bus services from the proposed legislation are not limited to metropolitan areas, which have tended to be seen as better suiting bus franchising.

“It is now difficult to say that any area is not appropriate for franchising,” he says. “There are proposals intended to present flexibilities with the potential to ‘mix and match’ franchising and partnership working.

“We can also expect to see greater emphasis on integration of different modes of transport, presenting for the passenger greater travel experiences albeit through the use of multiple forms of transport.

“A journey starting on a demand-responsive service leading to a local bus service connecting with the next rail service to London is probably considered an ideal solution – particularly if a through ticket supports the journey.”