Order, order!

Our first item of business today is a Stage 3 Debate on SB240, in the name of the 19th Scottish Government. The question is whether this Parliament approves the Public Transport (Fares and Ticketing) (Scotland) Bill 2023, as amended.

Public Transport (Fares and Ticketing) (Scotland) Bill 2023*

An Act of the Scottish Parliament to make provision about arrangements under which persons may be entitled to travel on transport services; to make provision about the fare payable for transport services; and for connected purposes.

PART 1

TICKETING ARRANGEMENTS AND SCHEMES

CHAPTER 1

Ticketing arrangements and schemes made by local transport authorities

Meaning of ticketing arrangements

1 Ticketing arrangements

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) After section 27 insert—

“CHAPTER 4

TICKETING ARRANGEMENTS AND TICKETING SCHEMES

Meaning of “ticketing arrangements” etc.

27A Meaning of “ticketing arrangements” etc.

(1) In this Chapter, “ticketing arrangements” means arrangements under which persons may become entitled—

(a) to make more than one journey on particular local services (whether or not operated by the same person),

(b) to make a particular journey on two or more local services (whether or not operated by the same person),

(c) where a particular journey could be made on local services provided by either (or any) of two or more operators, to make the journey on whichever service the entitled person chooses, or

(d) to make a journey on one or more local services (whether or not operated by the same person) and one or more connecting rail or ferry services or to make more than one such journey, by entering into a single transaction of such description as the operator or operators of such services may require.

(2) In this Chapter, ticketing arrangements are “smart ticketing arrangements” if they include provision to the effect that evidence of a person’s entitlement to travel may be held or produced by the person in electronic form (whether or not it may also be held or produced in another form).

(3) In this Chapter, “connecting rail or ferry service” means a service for the carriage of passengers by railway or ferry which runs between—

(a) a station, port or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the arrangement relates, and

(b) any other place.

(4) In subsection (3), “railway” has the same meaning as in section 67(1) of the Transport and Works Act 1992.

(5) The Scottish Ministers may by regulations amend the definition of “ticketing arrangements” in subsection (1) so that it includes arrangements under which persons may become entitled to make a journey on one or more local services (whether or not operated by the same person) and by means of such other service or class of service as may be specified in the regulations.

(6) Regulations under subsection (5) may also amend sections 28 to 31 in their application to services specified in the regulations as the Scottish Ministers consider appropriate.”.

(3) Section 28(5) is repealed.

(4) The italic heading immediately preceding section 28 becomes “Ticketing arrangements”.

(5) In section 81(4)(b) (regulations subject to the affirmative procedure), before “41(1)” insert “27A(5),”.

National standard and advisory board for smart ticketing

2 National technological standard for smart ticketing

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) After section 27A insert—

“National standard and advisory board for smart ticketing

27B National technological standard for smart ticketing

(1) The Scottish Ministers may specify a technical standard for the implementation and operation of smart ticketing arrangements.

(2) A standard may be specified under subsection (1) by reference to a standard published by another person or for another purpose.

(3) The power in subsection (1) to specify a standard includes the power to vary and revoke a specification.

(4) Before specifying a standard under subsection (1) (or varying or revoking a specification) the Scottish Ministers must consult the National Smart Ticketing Advisory Board.

(5) The Scottish Ministers must publish any specification made under subsection (1) (including any variation or revocation of a specification).

(6) In this Chapter, “national technological standard for smart ticketing” means the standard for the time being specified under subsection (1) and published under subsection (5).”.

3 National Smart Ticketing Advisory Board

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) After section 27B insert—

“”27C National Smart Ticketing Advisory Board

(1) The Scottish Ministers must establish an advisory committee to be known as the National Smart Ticketing Advisory Board (“the Board”).

(2) The function of the Board is to advise the Scottish Ministers in relation to their functions insofar as they relate to—

(a) smart ticketing arrangements, and

(b) the national technological standard for smart ticketing.

(3) The Board also has the function of issuing advice and recommendations to the Scottish Ministers in relation to the strategic development of smart ticketing in Scotland, including the development of a national smart ticketing scheme.

(4) The Scottish Ministers may by regulations make provision about the Board, including provision about—

(a) the appointment, removal and replacement of members,

(b) the remuneration of members (including as to payment of a member’s expenses),

(c) the process by which the Board makes decisions.

(5) Before making regulations under subsection (4), the Scottish Ministers must consult—

(a) all local transport authorities,

(b) such organisations appearing to Scottish Ministers to be representative of users of local services and rail or ferry services as they think fit,

(c) such organisations appearing to Scottish Ministers to be representative of operators of local services and rail or ferry services as they think fit,

(d) such other persons as they think fit.”

Ticketing arrangements and schemes

4 Ticketing schemes

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) After section 29 (ticketing schemes)—

(a) after subsection (3) insert—

“(3A) A ticketing scheme must require the ticketing arrangements——

(a) to be smart ticketing arrangements, and

(b) to comply with the national technological standard for smart ticketing (to the extent it is relevant to the arrangements).

(3B) A ticketing scheme may require the ticketing arrangements to include provision—

(a) enabling payment in particular ways, including—

(i) contactless payments (within the meaning of section 20 of the Public Transport (Fares and Ticketing) (Scotland) Act 2023),

(b) about the persons to whom payment may be made,

(c) about enabling entitlement to travel to be evidenced in particular ways,

(d) about providing information about the arrangements to the public,

(e) about publicising local services, fares or ticketing arrangements provided or made available by any operator of a local service of a class specified in the scheme, and

(f) as to the appearance of tickets.

(3C) A ticketing scheme may make provision for ticketing arrangements giving rise to different kinds of entitlement to travel including, in particular—

(a) an entitlement that is valid for a specified period, and

(b) an entitlement that is valid only in a specified area.”,

(b) in subsection (5), for “28(5)” substitute “27A(1)”,

(c) after subsection (6) insert—

“(7) In carrying out their functions under this section and sections 30 and 31 in relation to ticketing schemes, local transport authorities must co-operate with one another.

(8) In carrying out their functions under this section and sections 30 and 31 in relation to ticketing schemes, local transport authorities must have regard to the desirability, in appropriate cases, of having a ticketing scheme that—

(a) facilitates journeys between the area to which the ticketing scheme applies and adjoining areas of Scotland, or

(b) facilitates the adoption of ticketing arrangements similar to those specified in the ticketing scheme in adjoining areas of Scotland.”.

(3) In section 30 (consultation as to proposed ticketing scheme)—

(a) in subsection (1), for “at least one local newspaper circulating” substitute “such manner as they consider appropriate for bringing it to the attention of persons”,

(b) in subsection (3), after paragraph (c) insert—

“(ca) any—

(i) local authority,

(ii) National Park authority (as established by virtue of the National Parks (Scotland) Act 2000), and

(iii) Transport Partnership, any part of whose area or region would, in the opinion of the authority, be affected by the proposed scheme,

(cb) where the proposed scheme specifies arrangements of a kind mentioned in section 27A(1)(d)—

(i) the Scottish Ministers,

(ii) all operators of connecting rail or ferry services who are, in the opinion of the authority, likely to be affected by it,

(iii) such organisations appearing to the authority to be representative of users of connecting rail or ferry services as they think fit,

(cc) the Competition and Markets Authority,

(cd) the National Smart Ticketing Advisory Board”.

(4) In section 31 (making of ticketing scheme)—

(a) after subsection (1) insert—

“(1A) If the scheme specifies arrangements of a kind mentioned in section 27A(1)(d), it may only be made with the agreement of the operator of the connecting rail or ferry service concerned.”,

(b) in subsection (3)—

(i) in paragraph (a), for “at least one local newspaper circulating” substitute “such manner as they consider appropriate for bringing it to the attention of persons”,

(ii) in paragraph (b), after “services” insert “or connecting rail or ferry services”,

(iii) after paragraph (c) insert—

“(ca) to every other person consulted in relation to the scheme under section 30(3),”.

(c) in subsection (4)(b), after “service” insert “and the connecting rail or ferry services (if any)”,

(d) after subsection (4) insert—

“(5) The authority may vary or revoke the scheme.

(6) If the proposed variation would result in the scheme relating to all or part of the area of another local transport authority, the reference in subsection (5) to the authority includes that other authority.

(7) The variation or revocation is subject to the same procedure as the making of the scheme and in the application of that procedure—

(a) a reference in sections 29 and 30 and subsections (1) to (4) to making a scheme is to be treated as a reference to varying or revoking the scheme,

(b) a reference in those provisions to the proposed scheme is to be treated as a reference to the scheme as proposed to be varied or the proposed revocation of the scheme,

(c) a reference in those provisions to the date on which the scheme comes into operation is to be treated as a reference to the date on which the scheme as varied comes into operation or the date on which the scheme comes to an end.”.

(5) In section 47—

(a) in subsection (1), the words “or ticketing scheme” are repealed,

(b) in subsection (3)(a), the words “and ticketing schemes” are repealed.

(6) Before section 29 insert—

“Ticketing schemes”.

5 Directions about ticketing schemes

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2)After section 32 insert—

“32A Directions about ticketing schemes

(1) The Scottish Ministers may direct a local transport authority, or two or more such authorities, to exercise their power—

(a) under section 29(1) to make a ticketing scheme, or

(b) under section 31(5) to vary a ticketing scheme.

(2) A direction under subsection (1) may specify—

(a) ticketing arrangements or kinds of ticketing arrangements that operators of local services must be required to make and implement under the ticketing scheme,

(b) provision of the kind mentioned in section 29A(1) that the ticketing arrangements must include,

(c) the class of local services to which the scheme is to apply.

(3) The Scottish Ministers may direct a local transport authority, or two or more such authorities, to adopt a ticketing scheme made by the Scottish Ministers.

(4) Before making a direction under subsection (1) or (3), the Scottish Ministers must consult the National Smart Ticketing Advisory Board.

(5) A direction under subsection (1) or (3) must—

(a) be in writing, and

(b) be published (as soon as practicable after it is communicated to the local transport authority or authorities), and

(c) set out the Scottish Ministers’ reasons for making it.

(5) The Scottish Ministers may revise or revoke a direction made under subsection (1) or (3).

(6) Subsection (5) applies to the revision or revocation of a direction under subsection (1) or (3) as it applies to such a direction.”.

6 Reports on ticketing arrangements and schemes

(1) The Transport (Scotland) Act 2001 is amended as follows.

(2) After section 32A insert—

“Reports on ticketing arrangements and schemes

32B Reports on ticketing arrangements and schemes

(1) A local transport authority must, as soon as practicable after the end of each financial year, prepare and publish a report on the performance of their functions under sections 28 and 29.

(2) The report is to include information on—

(a) any determination made by the authority under section 28(1) during the year,

(b) any arrangements the authority has made under section 28(4) during the year, including, in relation to the required ticketing arrangements to which those arrangements relate—

(i) whether or not they are smart ticketing arrangements,

(ii) the extent to which they comply with the national technological standard for smart ticketing, and

(iii) where they are not smart ticketing arrangements or do not comply with the national technological standard for smart ticketing, the reasons for this, and

(c) any ticketing schemes the authority has made, varied or revoked during the year.

(3) The reference in subsection (2)(c) to ticketing schemes made, varied or revoked by the authority includes ticketing schemes made, varied or revoked by the authority and one or more other local transport authorities acting jointly.”.

7 Application of ticketing arrangements and schemes to trams

(1) Subject to the modification contained in subsection (2), the provisions of Chapter 4 of Part 2 of the Transport (Scotland) Act 2001 apply to any service for the carriage of passengers by tramway as they apply to the provision of a local service.

(2) Section 32(2) of the Transport (Scotland) Act 2001 does not apply.

(3) In subsection (1), “tramway” has the same meaning as in section 67(1) of the Transport and Works Act 1992.

(4) Section 54(2) of the Edinburgh Tram (Line One) Act 2006 is repealed.

(5) Section 54(2) of the Edinburgh Tram (Line Two) Act 2006 is repealed.

8 Guidance

(1) The Transport (Scotland) Act 2001 is modified as follows.

(2) In section 79(1) (guidance)—

(a) in paragraph (c), the words “ticketing schemes,” are repealed,

(b) after paragraph (c) insert—

“(ca) local transport authorities in relation to—

(i) their functions under section 28,

(ii) ticketing schemes, and

(iii) the preparation of reports under section 32B,”.

CHAPTER 2

Ticketing arrangements and schemes made by the Scottish Ministers

9 Scottish Ministers may designate ticketing schemes

(1) The Scottish Ministers may make a ticketing scheme.

(2) The ticketing scheme may not be made unless the Scottish Ministers have complied with the notice and consultation requirements imposed by section 10 of this Act.

(3) A ticketing scheme may specify different arrangements in respect of different classes of transport services.

(4) The ticketing scheme must require the ticketing arrangements—

(a) to be smart ticketing arrangements, and

(b) to comply with the national technological standard for smart ticketing (to the extent it is relevant to the arrangements).

(5) The ticketing scheme may require the ticketing arrangements to include provision—

(a) enabling payment in particular ways, including—

(i) contactless payments,

(b) about the persons to whom payment may be made,

(c) about enabling entitlement to travel to be evidenced in particular ways,

(d) about providing information about the arrangements to the public,

(e) about publicising services, fares or ticketing arrangements provided or made available by any operator of a transport service of a class specified in the scheme,

(f) as to the appearance of tickets,

(g) as to which public passenger transport services the ticketing arrangements entitle persons to make journeys using, and

(h) about the fare payable for journeys on such services.

(6) The ticketing scheme may make provision for ticketing arrangements giving rise to different kinds of entitlement to travel including, in particular—

(a) an entitlement that is valid for a specified period, and

(b) an entitlement that is valid only in a specified area.

10 Consultation as to proposed ticketing scheme

(1) If the Scottish Ministers propose to make a ticketing scheme under section 9(1), they shall give notice of the proposed scheme in such manner as they consider appropriate for bringing it to the attention of persons in the area to which it relates.

(2) The notice shall specify the date on which it is proposed that the proposed scheme will come into operation.

(3) After giving notice of the proposed scheme, the Scottish Ministers shall consult—

(a) all operators of transport services who are, in the opinion of the Scottish Ministers, likely to be affected by it;

(b) such organisations appearing to the Scottish Ministers to be representative of users of transport services as they think fit;

(c) the traffic commissioner;

(d) any—

(i) local authority,

(ii) National Park authority (as established by virtue of the National Parks (Scotland) Act 2000), and

(iii) Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005,

any part of whose area or region would, in the opinion of the Scottish Ministers, be affected by the proposed scheme,

(e) the Competition and Markets Authority;

(f) the National Smart Ticketing Advisory Board; and

(f) such other persons as the Scottish Ministers think fit.

**11 Making of ticketing scheme

(1) If, having complied with section 10 of this Act, the Scottish Ministers decide that it is appropriate to make a ticketing scheme, they may make it—

(a) in the form proposed; or

(b) subject to such modifications as they may specify.

(2) The scheme shall specify the date (being a date not earlier than 3 months after the date on which the scheme is made) on which it is to come into operation.

(3) Not later than 14 days after the date on which a scheme is made, the Scottish Ministers shall give notice of it—

(a) in such manner as they consider appropriate for bringing it to the attention of persons in the area to which the scheme relates;

(b) to all operators of transport services who are, in the opinion of the Scottish Ministers, likely to be affected by it;

(c) to every other person consulted in relation to the scheme under section 10(3); and

(d) to such other persons as the Scottish Ministers see fit.

(4) The notice shall—

(a) set out the scheme and the date on which it is to come into operation; and

(b) identify the classes of transport services which will be affected by it.

12 Effect of ticketing scheme

During any period in which a ticketing scheme made under section 9(1) is in operation, operators of public passenger transport services to which the scheme relates shall make and implement the arrangements required by the scheme.

PART 2

FARES

Determination of fares

13 Determination of fares

(1) Schedule 1 makes provision about the determination of fares.

(2) The Scottish Ministers may by regulations amend paragraphs 2(3) and 2(5) of Schedule 1. The Scottish Ministers may by regulations amend paragraphs 2(4) and 2(6) of Schedule 1.

Cap on fares

14 Definition of fare cap

(1) Subject to this section, the Scottish Ministers may determine the daily fare cap.

(2) The Scottish Ministers may not change the daily fare cap unless they have complied with the notice and consultation requirements imposed by section 15 of this Act.

(3) The daily fare cap may not be more than the maximum daily fare cap.

(4) In this section, the “maximum daily fare cap” means—

wp

where—

w is the national minimum wage,

p is 1.6.

(5) The Scottish Ministers may by regulations amend the value of p.

(6) The Scottish Ministers may not make regulations under subsection (5) unless they have complied with the notice and consultation requirements imposed by section 15 of this Act.

15 Change of fare cap: notice and consultation requirements

(1) If the Scottish Ministers propose to change the daily fare cap under section 14(1), they shall give notice of the proposed new daily fare cap in such manner as they consider appropriate for bringing it to the attention of persons who use transport services which the fare cap applies to.

(2) The notice shall specify the date on which it is proposed that the proposed new daily fare cap will come into force.

(3) After giving notice of the proposed new daily fare cap, the Scottish Ministers shall consult—

(a) all operators of transport services to which the fare cap applies;

(b) all local transport authorities;

(c) such organisations appearing to the Scottish Ministers to be representative of users of transport services as they think fit; and

(d) such other persons as the Scottish Ministers think fit.

16 Change of the daily fare cap

(1) If, having complied with section 15 of this Act, the Scottish Ministers decide that it is appropriate to change the daily fare cap, they may change it—

(a) to the value proposed; or

(b) to some other value.

(2) The Scottish Ministers shall specify the date (being a date not earlier than 1 month after the date on which they proposed to change the daily fare cap under subsection (1)) on which the new daily fare cap is to come into force.

(3) Not later than 7 days after the date on which the Scottish Ministers have proposed to change the daily fare cap under subsection (1), they shall give notice of it—

(a) in such manner as they consider appropriate for bringing it to the attention of persons who use transport services which the fare cap applies to;

(b) to all operators of transport services to which the fare cap applies;

(c) to every other person consulted in relation to the change under section 15(3); and

(d) to such other persons as the Scottish Ministers see fit.

(4) The notice shall—

(a) set out the proposed new daily fare cap and the date on which it is to come into force; and

(b) identify the transport services which will be affected by it.

17 When the fare cap applies

(1) The Scottish Ministers may by regulations determine what transport services section 16 of this Act applies to.

(2) If no regulation has been made under subsection (1) applying section 17 of this Act to a particular transport service, then section 17 of this Act does not apply to the transport service.

18 Application of fare cap

(1) A fare may not exceed the period of time it is valid for multiplied by the daily fare cap.

(2) For the purposes of subsection (1), the period of time a fare is valid for is the scheduled duration of the journey the fare entitles travel for rounded up to the nearest day.

(3) The price of a season fare is the maximum allowed by this section.

(4) During any day, a person paying for fares by contactless payment may not pay more than the daily fare cap.

Travel concession schemes

19 Travel concession schemes

(1) The Transport Act 1985 is amended as follows.

(2) In section 93 (travel concession schemes)—

(a) after subsection (7) insert—

“(7A) Not later than 12 months after the Public Transport (Fares and Ticketing) (Scotland) Act 2023 receives Royal Assent, the Scottish Ministers must publish a report setting out their assessment of the costs and benefits of extending travel concession schemes established under this section to—

(a) community bus services within the meaning of section 22(1) of this Act, and

(b) such other transport services as the Scottish Ministers consider appropriate.

(7B) In preparing a report under subsection (7A), the Scottish Ministers must consult—

(a) each local authority,

(b) each regional transport partnership, and

(c) such persons as the Scottish Ministers consider to be representative of community transport users.

(7C) A report under subsection (7A)—

(a) may be published in such format as the Scottish Ministers consider appropriate, and

(b) must be laid before the Scottish Parliament.”,

(b) in subsection (7)(b), for “sixteen” substitute “twenty five”,

(c) for subsection (7)(c), substitute—

“(cc) persons who are undergoing education”.

PART 3

MISCELLANEOUS AND GENERAL

Repeals

20 Repeals

(1) The Public Transport (Ticketing) (Scotland) Act 2022 is repealed.

General provisions

21 Regulations

(1) Any power of the Scottish Ministers to make regulations under this Act includes power to make—

(a) incidental, supplementary, consequential, transitional, transitory or saving provision,

(b) different provision for different purposes or areas.

(2) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.

(3) Regulations under subsection (2) may modify any enactment (including this Act).

(4) Regulations under subsection (2)—

(a) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

(b) otherwise, are subject to the negative procedure.

(5) Regulations under section 13(2) and 15(1) are subject to the affirmative procedure.

(6) Otherwise regulations under this Act are subject to the negative procedure.

(7) Subsection (6) doesn’t apply to regulations made under section 21(2).

22 Interpretations

In this Act—

“season fare” means a fare which entitles its user to make an unlimited number of journeys on—

(a) a specific transport service specified by the fare,

(b) a class of transport service specified by the fare, or

(c) on a group of different classes of transport service specified by the fare

during a specific time period;

“transport service” has the same meaning as “public passenger transport service” in the Transport Act 1985;

“local transport authority” has the same meaning as in section 82 of the Transport (Scotland) Act 2001;

“railway” has the same meaning as in section 67(1) of the Transport and Works Act 1992;

“travel concession” has the same meaning as in section 68(7) of the Transport (Scotland) Act 2001;

“fare” has the same meaning as in the Public Passenger Vehicles Act 1981;

“transport authority” means the Scottish Ministers or a local transport authority;

“first class fare” means a Fare which has been designated as having “first class” as its National Class of Accommodation;

“ticketing scheme” means a scheme under which operators of public passenger transport services of a class specified in the scheme are required to make and implement ticketing arrangements;

“ticketing arrangements” means arrangements under which persons may become entitled to make journeys on public passenger transport services by entering into a single transaction of such description as the operator or operators of such services may require;

ticketing arrangements are “smart ticketing arrangements” if they include provision to the effect that evidence of a person’s entitlement to travel may be held or produced by the person in electronic form (whether or not it may also be held or produced in another form);

“contactless payment” means a payment made for a fare at a contactless payment terminal using the contactless payment facility of a card, mobile telephone or other device (“payment device”), wherein the payment device makes the payment by communicating with the contactless payment terminal through Near Field Communication, Radio-Frequency Identification or another technology which doesn’t require the device to be in physical contact with the contactless payment terminal, and includes—

(a) payments made at a contactless payment terminal at a facility where persons can pay for fares for a public passenger transport service in advance of travelling on the service, and

(b) payments made at a contactless payment terminal on a public passenger transport service

but does not include payments made for a fare where evidence of a person’s entitlement to travel cannot be held or reproduced by the person in electronic form (whether or not it may also be held or produced in another form)

23 Commencement

(1) Chapter 1 of Part 1 of this Act comes into force three months after Royal Assent.

(2) Section 13 comes into force on such day as the Scottish Ministers may by regulations appoint.

(2) The other provisions of this Act come into force on the day after Royal Assent.

24 Short title

(1) The short title of this Act is the Public Transport (Fares and Ticketing) (Scotland) Act 2023.

SCHEDULES

SCHEDULE 1

DETERMINATION OF FARES

(introduced by section 13(1))

Interpretation

Fares for specific journeys

1 (1) The base fare for a journey taken on a transport service is the unit fare price multiplied by the total distance travelled on the journey.

(2) An additional fare may be charged for a journey taken on a transport service if any of the conditions in paragraph (4) is met.

(3) An additional fare may—

(a) be greater than zero pounds in value such that the price of a fare would be lower if no additional fare was charged for the journey, or

(b) be less than zero pounds in value such that the price of a fare would be higher if no additional fare was charged for the journey.

(4) The conditions are that—

(a) the transport service is an express transport service,

(b) the transport authority believes that the number of persons intending to take a journey on the transport service is too high or too low compared to other similar transport services, or

(c) the fare is a first class fare (if applicable).

(5) A transport service is an express transport service if both conditions in paragraph (6) are met.

(6) The conditions are that—

(a) The transport service stops at significantly less stations, and

(b) where possible, travels at a significantly higher speed

than other transport services operating on the same or a similar route.

(7) Where a service consists of one or more parts with respect to which all of the conditions in paragraph (6) are met, and one or more parts with respect to which not all of the conditions are met, each of those parts shall be treated as a separate service for the purposes of paragraph (5).

(8) The transport authority may determine the additional fare, and, in any case, may provide differently for different journeys.

(9) The Scottish Ministers may determine the unit fare price, and, in any case, may provide differently for different classes of transport service.

(10) Subject to subsection (11), the price of a fare is the sum of the base fare and the additional fare, rounded to the nearest penny.

(11) If a transport service picks up passengers at locations A and B, and drops off passengers at locations B and C, with the transport service stopping at A before B and at B before C, then the price of a fare between A and C on the transport service is to be the lower of—

(a) the ordinary price of a fare between A and C on the transport service, or

(b) the combined price of a fare between A and B and a fare between B and C on the same transport service.

(12) Paragraph (11) applies to a journey taken on multiple transport services as it does to a journey taken on just one transport service.

Season fares

2 (1) The provisions of this paragraph apply only to transport services to which the fare cap applies.

(2) The season fare for a journey is the maximum allowed by section 18 of this Act.

(3) The season fare entitles a person to make a journey on any transport services to which the fare cap applies any number of times during the period when the season fare entitles a person to travel.

Flexible fares

3 (1) The flexible fare for a journey entitles a person to make a journey on any service travelling between two specified locations during a specified period of time.

(2) Subject to sub-paragraph (3), for the purposes of sub-paragraph (1), “journey on any service” includes a journey taken on multiple transport services.

(3) A transport authority may make provision about what combinations of services the fare entitles a person to make a journey on.

(4) The flexible fare for a journey is the highest fare for that journey during the period the flexible fare entitles a person to travel.

(2) The flexible fare for a journey is the highest fare for that journey during the period the flexible fare entitles a person to travel.

Other conditions of travel

4 Subject to this Act, a transport authority may make other provision about fares.

When this Schedule does not apply

5 (1) Nothing in this schedule affects any travel concession schemes.

(2) Nothing in this schedule affects any fares which are not determined by a transport authority.

This bill was submitted by Sir LightningMinion MSP MP MLA CT KT CBE OM, leader of the Scottish Labour Party, on behalf of the Scottish Labour Party. Some sections of this bill were inspired by real-life legislation (see the explanatory notes).

Explanatory notes

Explanatory notes for this bill may be found here

Opening speech:

Presiding Officer,

This bill makes the government’s promised reforms to public transport fares.

This bill empowers the government to set the technological specification for smart ticketing systems and sets up a National Smart Ticketing Advisory Board to advise the government on this specification and on matters related to smart ticketing. It also empowers the Scottish Government to create a smart ticketing scheme and to direct it to be adopted by any transport services which fall within the legislative competence of the Scottish Parliament. The government plans to utilise these powers to make the Single Transport Ticket Scheme a mandatory ticketing scheme between transport operators, rather than a voluntary scheme, and to reform the scheme into a national pay-as-you-go smart ticketing scheme. Through this scheme, commuters will no longer face the hassle of having to buy paper tickets but rather they will instead be able to tap in and tap out using a smartcard or smartphone app.

This bill also enacts fundamental reform of how fares for transport services should be determined and implements many of the recommendations made by the Rail Delivery Group, the group which represented train operating companies pre-nationalisation, in its report “Easier fares for all”. For example, it implements a move to single-leg pricing, meaning that commuters never have to resort to split ticketing in order to get the cheapest ticket for their journey. It also allows the Scottish Government to implement a fare cap for transport services, similar to TfL’s fare cap for tube and other TfL services. The Scottish Government plans to implement a fare cap on public transport services, with the fare cap set at a level compatible with the Single Transport Ticket Scheme.

Additionally, this bill allows local transport authorities to give free or discounted public transport to those under the age of 18, and those in education (as opposed to the status quo of under 16s, and those in full-time education between the ages of 16 and 18).

The bill also makes some other amendments to ticketing schemes made by local transport authorities.

Presiding Officer, this bill simplifies the process of using public transport as well as ensuring it will remain affordable for all. This will in turn encourage more people to travel by public transport and thus help tackle the climate crisis. I commend this bill to the chamber.

Debate under this bill will end with the close of business at 10pm on the 25th of October.