The Bus Services Act 2025 (Commencement No. 3 and Transitional Provision) (England) Regulations 2026
Activated legal provisions for zero-emission bus mandates and expanded the criteria for independent auditors of local bus franchising schemes.
These Regulations bring sections 9 and 37 of the Bus Services Act 2025 into force on 29 October 2026 for England.
The Regulations empower the Secretary of State to define "approved persons" for auditing bus franchising assessments and to set a future deadline for the transition to zero-emission local bus services.
Additionally, the instrument establishes transitional rules for franchising authorities, requiring them to adhere to existing assessment reporting standards until new regulations defining approved professionals are enacted.
Arguments For
The explanatory note states that section 9 of the 2025 Act expands the pool of professionals eligible to conduct independent reports on franchising schemes from auditors to a broader category of "approved persons."
The document framing indicates that bringing section 37 into force provides the legal basis for the Secretary of State to set a future date prohibiting new non-zero-emission vehicles on registered local bus services.
The transitional provision in Regulation 3 is intended to allow for a continuous assessment process while the Secretary of State prepares the necessary secondary legislation to define who qualifies as an "approved person."
Arguments Against
Legal scholars may note that the full effect of section 37 remains contingent on future regulations, leaving bus operators with uncertainty regarding the exact date when non-zero-emission vehicle registrations will be prohibited.
Local authorities may face administrative complexity during the transitional period described in Regulation 3, as they must continue to follow older 2000 Act requirements despite the formal commencement of section 9.
Critics might argue that the definition of "approved persons" is left entirely to future ministerial discretion, creating a period of ambiguity for franchising authorities planning long-term assessments.
1.—(1) These Regulations may be cited as the Bus Services Act 2025 (Commencement No. 3 and Transitional Provision) (England) Regulations 2026.
(2) These Regulations extend to England and Wales.
(3) These Regulations apply in relation to England only.
(4) In these Regulations—
"the 2000 Act" means the Transport Act 2000;
"the 2025 Act" means the Bus Services Act 2025.
This section establishes the official name of the regulations and defines the primary legislation they reference.
It specifies that while the legal jurisdiction covers England and Wales, the practical application is restricted to England.
The definitions ensure that references to the 2000 Act and the 2025 Act are legally linked to the Transport Act 2000 and the Bus Services Act 2025 respectively.
- The following provisions of the 2025 Act come into force on 29th October 2026—
(a) section 9 (report on assessment of proposed scheme);
(b) section 37 (use of zero-emission vehicles for local services in England).
This section activates two specific parts of the Bus Services Act 2025 starting 29 October 2026.
Section 9 concerns the independent reporting process for local bus franchising, and Section 37 concerns the regulation of zero-emission vehicles.
Once active, these provisions allow for the subsequent introduction of more detailed rules regarding bus technology and franchising audits.
3.—(1) Paragraph (2) applies where a franchising authority obtains a report on the assessment of a proposed franchising scheme under section 123D of the 2000 Act during the period—
(a) beginning on 29th October 2026, and
(b) ending at 11.59 p.m. on the day before the first regulations to be made by the Secretary of State under section 123D(8) of the 2000 Act come into force.
(2) Where this paragraph applies, a franchising authority—
(a) must not follow the requirements for obtaining a report on the assessment of a proposed franchising scheme under section 123D of the 2000 Act as amended by section 9 of the 2025 Act, but
(b) must follow the requirements for obtaining a report on the assessment of a proposed franchising scheme under section 123D of the 2000 Act as if section 9 of the 2025 Act had not been brought into force.
This section provides temporary instructions for local authorities planning to take control of bus services through franchising.
It directs these authorities to ignore the new section 9 changes and continue using existing assessment procedures until the Secretary of State officially defines the new 'approved persons' who can conduct audits.
This prevents a legal vacuum between the commencement of the Act and the creation of supporting regulations.
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